Bill Text: TX SB821 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to children's advocacy centers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [SB821 Detail]
Download: Texas-2019-SB821-Comm_Sub.html
Bill Title: Relating to children's advocacy centers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [SB821 Detail]
Download: Texas-2019-SB821-Comm_Sub.html
By: Nelson | S.B. No. 821 | |
(In the Senate - Filed February 13, 2019; March 1, 2019, | ||
read first time and referred to Committee on Health & Human | ||
Services; April 1, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
April 1, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 821 | By: Perry |
|
||
|
||
relating to children's advocacy centers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 264.402, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.402. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER. | ||
On the execution of a memorandum of understanding under Section | ||
264.403, a children's advocacy center may be established by | ||
community members and the participating agencies [ |
||
described by Section 264.403(a) to serve a county or two or more | ||
contiguous counties in which a center has not been established. | ||
SECTION 2. Section 264.403, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.403. INTERAGENCY MEMORANDUM OF UNDERSTANDING. | ||
(a) A [ |
||
|
||
participation in the multidisciplinary team response under Section | ||
264.406. The center and each of the following agencies [ |
||
|
||
|
||
(1) [ |
||
child abuse and neglect investigations; | ||
(2) each [ |
||
enforcement agency with jurisdiction to [ |
||
investigate child abuse and neglect in the area to be served by the | ||
center; and | ||
(3) each [ |
||
jurisdiction to prosecute [ |
||
and neglect cases in the area to be served by the center[ |
||
[ |
||
|
||
|
||
|
||
(b) A memorandum of understanding executed under this | ||
section shall include the agreement of each participating agency | ||
[ |
||
(1) minimizing the revictimization of alleged abuse | ||
and neglect victims and nonoffending family members through the | ||
investigation, assessment, intervention, and prosecution | ||
processes; and | ||
(2) maintaining [ |
||
approach to facilitate successful outcomes in the criminal justice | ||
and [ |
||
fact-finding and strong, collaborative case development [ |
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
|
||
(c) The [ |
||
(1) at least every three years; | ||
(2) on a significant change to the memorandum of | ||
understanding; [ |
||
|
||
(3) on a change of a signatory of a [ |
||
participating agency [ |
||
|
||
SECTION 3. Subchapter E, Chapter 264, Family Code, is | ||
amended by adding Section 264.4031 to read as follows: | ||
Sec. 264.4031. MULTIDISCIPLINARY TEAM WORKING PROTOCOL. | ||
(a) A center shall adopt a multidisciplinary team working | ||
protocol. The working protocol must include: | ||
(1) the center's mission statement; | ||
(2) the role of each participating agency on the | ||
multidisciplinary team and the agency's commitment to the center; | ||
(3) specific criteria for referral of cases for a | ||
multidisciplinary team response and specific criteria for the | ||
referral and provision of each service provided by the center; | ||
(4) processes and general procedures for: | ||
(A) the intake of cases, including direct | ||
referrals from participating agencies described by Section | ||
264.403(a) and reports from the department that involve the | ||
suspected abuse or neglect of a child or the death of a child from | ||
abuse or neglect; | ||
(B) the availability outside scheduled business | ||
hours of a multidisciplinary team response to cases and provision | ||
of necessary center services; | ||
(C) information sharing to ensure the timely | ||
exchange of relevant information; | ||
(D) forensic interviews; | ||
(E) family and victim advocacy; | ||
(F) medical evaluations and medical treatment; | ||
(G) mental health evaluations and mental health | ||
treatment; | ||
(H) multidisciplinary team case review; and | ||
(I) case tracking; and | ||
(5) provisions for addressing conflicts within the | ||
multidisciplinary team and for maintaining the confidentiality of | ||
information shared among members of the multidisciplinary team. | ||
(b) The working protocol must be executed by the | ||
participating agencies required to enter into the memorandum of | ||
understanding under Section 264.403. | ||
(c) The working protocol must be reexecuted: | ||
(1) at least every three years; | ||
(2) on a significant change to the working protocol; | ||
or | ||
(3) on a change of a signatory of a participating | ||
agency. | ||
SECTION 4. Section 264.404, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) In addition to any other persons appointed or elected to | ||
serve on the governing board of a [ |
||
governing board must include an executive officer of, or an | ||
employee with decision-making authority selected by an executive | ||
officer of: | ||
(1) the department responsible for child abuse and | ||
neglect investigations; | ||
(2) a law enforcement agency with jurisdiction to | ||
investigate [ |
||
served by the center; | ||
[ |
||
|
||
(3) the county or district attorney's office with | ||
jurisdiction to prosecute [ |
||
abuse and neglect cases in the area served by the center. | ||
(c) The governing board members required under Subsection | ||
(a) may not constitute a majority of the membership of a center's | ||
governing board. | ||
SECTION 5. Section 264.405, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.405. CENTER DUTIES. (a) A center shall: | ||
(1) receive, review, and track department reports | ||
relating to the suspected abuse or neglect of a child or the death | ||
of a child from abuse or neglect to ensure a consistent, | ||
comprehensive approach to all cases that meet the criteria outlined | ||
in the multidisciplinary team working protocol adopted under | ||
Section 264.4031; | ||
(2) coordinate the activities of participating | ||
agencies relating to abuse and neglect investigations and delivery | ||
of services to alleged abuse and neglect victims and their | ||
families; | ||
(3) facilitate assessment of alleged abuse or neglect | ||
[ |
||
their need for services relating to the investigation of [ |
||
abuse or neglect and[ |
||
[ |
||
|
||
(4) comply with the standards adopted under Section | ||
264.409(c). | ||
(b) A center shall [ |
||
(1) facilitation of a multidisciplinary team response | ||
to abuse or neglect allegations; | ||
(2) a formal process that requires the | ||
multidisciplinary team to routinely discuss and share information | ||
regarding investigations, case status, and services needed by | ||
children and families; | ||
(3) a system to monitor the progress and track the | ||
outcome of each case; | ||
(4) a child-focused setting that is comfortable, | ||
private, and physically and psychologically safe for diverse | ||
populations [ |
||
[ |
||
efficient and appropriate disposition of [ |
||
cases through the civil and criminal justice systems; | ||
(5) culturally competent services for children and | ||
families throughout the duration of a case; | ||
(6) victim support and advocacy services for children | ||
and families; | ||
(7) forensic interviews that are conducted in a | ||
neutral, fact-finding manner and coordinated to avoid duplicative | ||
interviewing; | ||
(8) access to specialized medical evaluations and | ||
treatment services for victims of alleged abuse or neglect; | ||
(9) evidence-based, trauma-focused mental health | ||
services for children and nonoffending members of the child's | ||
family; and | ||
(10) opportunities for community involvement through | ||
a formalized volunteer program dedicated to supporting the center | ||
[ |
||
|
||
|
||
(c) The duties prescribed to a center under Subsection | ||
(a)(1) do not relieve the department or a law enforcement agency of | ||
its duty to investigate a report of abuse or neglect as required by | ||
other law. | ||
SECTION 6. Section 264.406, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.406. MULTIDISCIPLINARY TEAM. (a) A center's | ||
multidisciplinary team must include employees of the participating | ||
agencies described by Section 264.403(a) [ |
||
|
||
(b) A representative of any other entity may participate in | ||
the multidisciplinary team response as provided by the | ||
multidisciplinary team working protocol adopted under Section | ||
264.4031 if: | ||
(1) the entity participates in or provides the | ||
following: | ||
(A) child abuse or neglect investigations; | ||
(B) abuse or neglect investigations involving | ||
persons with a disability; | ||
(C) services to alleged child abuse or neglect | ||
victims; or | ||
(D) services to alleged victims who are persons | ||
with a disability; | ||
(2) the center and the participating agencies agree in | ||
writing to the entity's participation; and | ||
(3) the entity signs the memorandum of understanding | ||
executed under Section 264.403 and the working protocol adopted | ||
under Section 264.4031. | ||
(c) [ |
||
actively [ |
||
[ |
||
|
||
[ |
||
|
||
(1) coordinating [ |
||
|
||
[ |
||
agencies [ |
||
of [ |
||
abuse or neglect victims and the victims' families; and | ||
(2) conducting at regularly scheduled intervals | ||
multidisciplinary review of appropriate abuse or neglect cases as | ||
provided by the working protocol adopted under Section 264.4031. | ||
(d) A multidisciplinary team may review an [ |
||
or neglect case in which the alleged perpetrator [ |
||
|
||
responsible for a [ |
||
|
||
(e) A [ |
||
multidisciplinary team member is authorized to share with and | ||
receive from other multidisciplinary team members information made | ||
confidential by Chapter 552, Government Code, Section 40.005 or | ||
48.101, Human Resources Code, or Section 261.201 or 264.408 of this | ||
code when acting in the member's official capacity as an employee of | ||
a participating agency described by Section 264.403(a) or of | ||
another entity described by Subsection (b). | ||
SECTION 7. Section 264.4061, Family Code, is amended to | ||
read as follows: | ||
Sec. 264.4061. MULTIDISCIPLINARY TEAM RESPONSE REQUIRED. | ||
(a) The department shall refer a case to a center and the center | ||
shall initiate a response by a center's multidisciplinary team | ||
appointed under Section 264.406 when conducting an investigation | ||
of: | ||
(1) a report of abuse or neglect that is made by a | ||
professional as defined by Section 261.101 and that: | ||
(A) alleges sexual abuse of a child; or | ||
(B) is a type of case handled by the center in | ||
accordance with the working protocol adopted for the center under | ||
Section 264.4031 [ |
||
(2) a child fatality in which there are surviving | ||
children in the deceased child's household or under the supervision | ||
of the caregiver involved in the child fatality. | ||
(b) Any interview of a child conducted as part of the | ||
investigation under Subsection (a) must be a forensic interview | ||
conducted in accordance with the center's working protocol adopted | ||
under Section 264.4031 unless a forensic interview is not | ||
appropriate based on the child's age and development or the center's | ||
working protocol adopted under Section 264.4031. | ||
(c) Subsection (a) applies only to an investigation of abuse | ||
or neglect in a county served by a center that has executed an | ||
interagency memorandum of understanding under Section 264.403. If | ||
a county is not served by a center that has executed an interagency | ||
memorandum of understanding, the department may, if appropriate, | ||
directly refer a case to a center in an adjacent county to initiate | ||
a response by that center's multidisciplinary team[ |
||
|
||
SECTION 8. Section 264.408, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.408. USE OF INFORMATION AND RECORDS; | ||
CONFIDENTIALITY AND OWNERSHIP. (a) The files, reports, records, | ||
communications, and working papers used or developed in providing | ||
services under this chapter are confidential and not subject to | ||
public release under Chapter 552, Government Code, and may only be | ||
disclosed for purposes consistent with this chapter. Disclosure | ||
may be made to: | ||
(1) the department, department employees, law | ||
enforcement agencies, prosecuting attorneys, medical | ||
professionals, and other state or local agencies that provide | ||
services to children and families; and | ||
(2) the attorney for the alleged victim [ |
||
the subject of the records and a court-appointed volunteer advocate | ||
appointed for the alleged victim [ |
||
(b) Information related to the investigation of a report of | ||
abuse or neglect under Chapter 261 and to the services provided as a | ||
result of the investigation is confidential as provided by Section | ||
261.201. | ||
(c) The department, a law enforcement agency, and a | ||
prosecuting attorney may share with a center information that is | ||
confidential under Section 261.201 as needed to provide services | ||
under this chapter. Confidential information shared with or | ||
provided to a center remains the property of the agency that shared | ||
or provided the information to the center. A request for | ||
confidential information provided to the center under this section | ||
must be made to the agency that shared or provided the information. | ||
(d) An electronic [ |
||
[ |
||
the property of the prosecuting attorney involved in the criminal | ||
prosecution of the case involving the child or person. If no | ||
criminal prosecution occurs, the electronic [ |
||
the property of the attorney involved in representing the | ||
department in a civil action alleging [ |
||
or exploitation. If the matter involving the child or person is not | ||
prosecuted, the electronic [ |
||
department if the matter is an investigation by the department of | ||
abuse, [ |
||
investigating or has not investigated the matter, the electronic | ||
[ |
||
matter to the center. | ||
(d-1) An electronic [ |
||
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 an electronic [ |
||
|
||
provided that the prosecuting attorney makes the electronic [ |
||
recording 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 electronic [ |
||
|
||
with a disability. | ||
SECTION 9. Section 264.409, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.409. ADMINISTRATIVE CONTRACTS. (a) The | ||
[ |
||
statewide organization that is exempt from federal income taxation | ||
under Section 501(a), Internal Revenue Code of 1986, as an | ||
organization described by Section 501(c)(3) of that code [ |
||
|
||
|
||
|
||
of children's advocacy center programs. The statewide organization | ||
shall provide training, technical assistance, evaluation services, | ||
and funds administration to support contractual requirements under | ||
Section 264.411 for local children's advocacy center programs. | ||
(b) The [ |
||
this section[ |
||
organization may not spend annually in the performance of duties | ||
under Subsection (a) more than 12 percent of the annual amount | ||
appropriated to the commission for purposes of this section. | ||
(c) The statewide organization with which the commission | ||
contracts shall develop and adopt standards for children's advocacy | ||
centers. | ||
SECTION 10. Sections 264.410(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) The statewide organization with which [ |
||
|
||
[ |
||
enhance the [ |
||
|
||
(b) The contract under this section may not result in | ||
reducing the financial support a [ |
||
another source. | ||
SECTION 11. Section 264.411, Family Code, is amended to | ||
read as follows: | ||
Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public | ||
entity that operated as a center under this subchapter before | ||
November 1, 1995, or a nonprofit entity is eligible for a contract | ||
under Section 264.410 if the entity: | ||
(1) has a signed memorandum of understanding as | ||
provided by Section 264.403; | ||
(2) has a signed working protocol as provided by | ||
Section 264.4031; | ||
(3) has [ |
||
board as provided by Section 264.404; | ||
(4) [ |
||
|
||
|
||
(5) [ |
||
multidisciplinary team [ |
||
Section 264.406; | ||
[ |
||
|
||
(6) [ |
||
|
||
|
||
|
||
[ |
||
[ |
||
[ |
||
the exclusive salaried employee of any governmental [ |
||
[ |
||
[ |
||
|
||
[ |
||
[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
(7) fulfills the duties required by Section 264.405 | ||
[ |
||
[ |
||
|
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
(b) The statewide organization described by Section 264.409 | ||
may waive the requirements specified in Subsection (a) if it | ||
determines that the waiver will not adversely affect a [ |
||
center's ability to carry out its duties under Section 264.405. | ||
SECTION 12. Section 264.410(c), Family Code, is repealed. | ||
SECTION 13. This Act takes effect September 1, 2019. | ||
* * * * * |