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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of child abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.302, Family Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The department, without filing suit, may seek a court |
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order in aid of investigation under Section 261.303. |
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SECTION 2. Section 261.303, Family Code, is amended to read |
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as follows: |
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Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT |
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ORDER. (a) A person may not interfere with an investigation of a |
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report of child abuse or neglect conducted by the department or |
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designated agency, and a court may enforce the right of the |
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department to conduct an investigation under this subchapter. |
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(b) If admission to the home, school, or any place where the |
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child may be cannot be obtained, or if consent to transport a child |
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for purposes relating to an interview or investigation cannot be |
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obtained, then on presentation of an affidavit described by |
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Subsection (e) that is executed by an investigator or authorized |
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representative of the department [for good cause shown] the court |
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having family law jurisdiction, including any associate judge |
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designated by the court, shall without prior notice or a hearing |
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order the parent, the person responsible for the care of the |
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children, or the person in charge of any place where the child may |
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be to allow entrance, transport of the child, or both entrance and |
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transport for the interview, examination, and investigation. |
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(c) If a parent or person responsible for the child's care |
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does not consent to release of the child's prior medical, |
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psychological, or psychiatric records or to a medical, |
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psychological, or psychiatric examination of the child that is |
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requested by the department or designated agency, then on |
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presentation of an affidavit described by Subsection (e) that is |
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executed by an investigator or authorized representative of the |
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department the court having family law jurisdiction, including any |
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associate judge designated by the court, shall without prior notice |
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or a hearing[, for good cause shown,] order the records to be |
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released or the examination to be made at the times and places |
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designated by the court. |
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(d) If a person, agency, or entity having possession of |
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records relating to a child that are relevant to an investigation |
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does not consent to the release of the records on the request of the |
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department or designated agency, then on presentation of an |
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affidavit described by Subsection (e) that is executed by an |
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investigator or authorized representative of the department the |
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court having family law jurisdiction, including any associate judge |
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designated by the court, shall without prior notice or a hearing |
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order the records to be released at the time and place designated by |
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the court. |
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(e) An affidavit required under Subsection (b), (c), or (d) |
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must state facts sufficient to lead a person of ordinary prudence |
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and caution to believe that: |
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(1) based on information available, a child's physical |
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or mental health or welfare has been or may be adversely affected by |
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abuse or neglect; and |
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(2) the requested order is necessary to aid in the |
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investigation. |
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(f) An affidavit used to obtain a court order in aid of |
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investigation under this section is not a pleading, and may not be |
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deemed a pleading, for purposes of the Texas Rules of Civil |
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Procedure. |
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(g) A person, including a medical facility, that makes a |
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report under Subchapter B shall release to the department or |
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designated agency, as part of the required report under Section |
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261.103, records that directly relate to the suspected abuse or |
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neglect without requiring parental consent or a court order. If a |
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child is transferred from a reporting medical facility to another |
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medical facility to treat the injury or condition that formed the |
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basis for the original report, the transferee medical facility |
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shall, at the department's request, release to the department |
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records relating to the injury or condition without requiring |
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parental consent or a court order. |
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(h) [(e)] A person, including a utility company, that has |
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confidential locating or identifying information regarding a |
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family that is the subject of an investigation under this chapter |
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shall release that information to the department on request. The |
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release of information to the department as required by this |
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subsection by a person, including a utility company, is not subject |
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to Section 552.352, Government Code, or any other law providing |
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liability for the release of confidential information. |
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(i) A court having family law jurisdiction may designate an |
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associate judge to issue an order in aid of investigation under this |
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section. An order issued by an associate judge is immediately |
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effective without the ratification or signature of the court making |
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the designation. |
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(j) An investigator or authorized representative of the |
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department executing an order issued under this section shall |
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promptly file with the court that issued the order a written report |
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stating whether the ordered access was granted, the interview was |
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conducted, or other action was taken in accordance with the order. |
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(k) A court issuing an order in aid of investigation under |
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this section shall keep a record of all the proceedings before the |
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court under this subchapter and shall certify and deliver the |
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record to the clerk of the court accompanied by all the original |
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papers relating to the proceedings, including a report filed with |
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the court under Subsection (j). The record of proceedings, |
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including any affidavit presented to the court and any report filed |
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with the court, is confidential under Section 261.201 and may only |
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be disclosed as provided by that section. |
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(l) If the department files a suit affecting the |
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parent-child relationship under Chapter 262, the department shall |
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include with its original petition any prelitigation affidavit, |
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order, or report relating to an order in aid of investigation issued |
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under this section. |
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(m) As soon as practicable after the department obtains |
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access to records of a child pursuant to an order issued under this |
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section, the department must notify the child's parents or other |
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person with legal custody of the child that the department has |
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obtained the records. |
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(n) Access to a confidential record under this subchapter |
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does not constitute a waiver of confidentiality. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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