Bill Text: TX HB3259 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to certain investigation records in child abuse and neglect cases and to information regarding a child available to prospective adoptive parents.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3259 Detail]
Download: Texas-2013-HB3259-Enrolled.html
H.B. No. 3259 |
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relating to certain investigation records in child abuse and | ||
neglect cases and to information regarding a child available to | ||
prospective adoptive parents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 162.006, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The department, licensed child-placing agency, or other | ||
person[ |
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prospective adoptive parents of their right to examine the records | ||
and other information relating to the history of the child. The | ||
department, licensed child-placing agency, or other person [ |
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information to protect the identity of the biological parents and | ||
any other person whose identity is confidential. | ||
(a-1) The records described by Subsection (a) must include | ||
any records relating to an investigation of abuse in which the child | ||
was an alleged or confirmed victim of sexual abuse while residing in | ||
a foster home or other residential child-care facility. If the | ||
licensed child-placing agency or other person placing the child for | ||
adoption does not have the information required by this subsection, | ||
the department, at the request of the licensed child-placing agency | ||
or other person placing the child for adoption, shall provide the | ||
information to the prospective adoptive parents of the child. | ||
SECTION 2. Section 264.0145(a), Family Code, is amended to | ||
read as follows: | ||
(a) In this section, "case record" means those files, | ||
reports, records, communications, audio recordings, video | ||
recordings [ |
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custody and control of the department that are collected, | ||
developed, or used: | ||
(1) in a child abuse or neglect investigation; or | ||
(2) in providing services as a result of an | ||
investigation, including substitute care services for a child. | ||
SECTION 3. Sections 264.408(d), (d-1), and (e), Family | ||
Code, are amended to read as follows: | ||
(d) A video recording of an [ |
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child that is made at a center is the property of the prosecuting | ||
attorney involved in the criminal prosecution of the case involving | ||
the child. If no criminal prosecution occurs, the video recording | ||
[ |
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representing the department in a civil action alleging child abuse | ||
or neglect. If the matter involving the child is not prosecuted, | ||
the video recording [ |
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if the matter is an investigation by the department of abuse or | ||
neglect. If the department is not investigating or has not | ||
investigated the matter, the video recording [ |
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property of the agency that referred the matter to the center. If | ||
the center employs a custodian of records for video recordings of | ||
[ |
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the custody of the video recording [ |
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of an [ |
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under a written agreement. | ||
(d-1) A video recording of an [ |
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described by Subsection (d) is subject to production under Article | ||
39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of | ||
Evidence. A court shall deny any request by a defendant to copy, | ||
photograph, duplicate, or otherwise reproduce a video recording | ||
[ |
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that the prosecuting attorney makes the video recording [ |
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reasonably available to the defendant in the same manner as | ||
property or material may be made available to defendants, | ||
attorneys, and expert witnesses under Article 39.15(d), Code of | ||
Criminal Procedure. | ||
(e) The department shall be allowed access to a center's | ||
video recordings of [ |
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SECTION 4. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3259 was passed by the House on April | ||
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3259 on May 23, 2013, by the following vote: Yeas 145, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3259 was passed by the Senate, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |