Bill Text: TX HB296 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 296 (Prior Session Legislation)

Introduced

Bill Title: Relating to notifying an alleged perpetrator of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Family and Protective Services.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-07-23 - Filed [HB296 Detail]

Download: Texas-2021-HB296-Introduced.html

	87S11170 MCK-D

	By: Cason	H.B. No. 296



	A BILL TO BE ENTITLED
	AN ACT
	relating to notifying an alleged perpetrator of child abuse or
	neglect of the person's rights in connection with an investigation
	conducted by the Department of Family and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 261.307, Family Code, is amended to read
	as follows:
	Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
	PROCEDURE AND CHILD PLACEMENT RESOURCES. (a) After [~~As soon as~~
	~~possible after~~] initiating an investigation of a parent or other
	person having legal custody of a child, the department shall, on
	first contact with the person, provide to the person:
	(1) a summary that:
	(A) is brief and easily understood;
	(B) is written in a language that the person
	understands, or if the person is illiterate, is read to the person
	in a language that the person understands; and
	(C) contains the following information:
	(i) the department's procedures for
	conducting an investigation of alleged child abuse or neglect,
	including:
	(a) a description of the
	circumstances under which the department would request to remove
	the child from the home through the judicial system; and
	(b) an explanation that the law
	requires the department to refer all reports of alleged child abuse
	or neglect to a law enforcement agency for a separate determination
	of whether a criminal violation occurred;
	(ii) the person's right to file a complaint
	with the department or to request a review of the findings made by
	the department in the investigation;
	(iii) the person's right to review all
	records of the investigation unless the review would jeopardize an
	ongoing criminal investigation or the child's safety;
	(iv) the person's right to seek legal
	counsel;
	(v) references to the statutory and
	regulatory provisions governing child abuse and neglect and how the
	person may obtain copies of those provisions; [~~and~~]
	(vi) the process the person may use to
	acquire access to the child if the child is removed from the home;
	and
	(vii) written notification of the rights
	listed under Subdivision (2);
	(2) oral notification of the right to:
	(A) refuse to speak with any agent of the
	department without the person's legal counsel;
	(B) assistance by an attorney;
	(C) have a court-appointed attorney if the person
	is indigent;
	(D) openly or secretly record any interaction or
	interview to which the person is a party subject to the
	understanding that the recording may be subject to disclosure to
	the department, law enforcement, or another party under a court
	order;
	(E) request and receive a copy of the
	department's current recording policy;
	(F) refuse to allow the investigator to enter the
	home or interview the children without legal counsel present;
	(G) withhold consent to the release of any
	medical or mental health records;
	(H) withhold consent to any medical or
	psychological examination of the child;
	(I) refuse to submit to a drug test;
	(J) consult with legal counsel before agreeing to
	any proposed voluntary safety plan;
	(K) be notified of and attend any court hearings
	related to or arising from the investigation; and
	(L) on request, have an interpreter;
	(3) if the department determines that removal of the
	child may be warranted, a proposed child placement resources form
	that:
	(A) instructs the parent or other person having
	legal custody of the child to:
	(i) complete and return the form to the
	department or agency;
	(ii) identify in the form at least three
	individuals who could be relative caregivers or designated
	caregivers, as those terms are defined by Section 264.751;
	(iii) ask the child in a developmentally
	appropriate manner to identify any adult, particularly an adult
	residing in the child's community, who could be a relative
	caregiver or designated caregiver for the child; and
	(iv) list on the form the name of each
	individual identified by the child as a potential relative
	caregiver or designated caregiver; and
	(B) informs the parent or other person of a
	location that is available to the parent or other person to submit
	the information in the form 24 hours a day either in person or by
	facsimile machine or e-mail; and
	(4) [~~(3)~~] an informational manual required by Section
	261.3071.
	(b) The child placement resources form described by
	Subsection (a)(3) [~~(a)(2)~~] must include information on the periods
	of time by which the department must complete a background check.
	(c) The department shall adopt a form for the purpose of
	verifying that the parent or other person having legal custody of
	the child received the verbal notification and written summary
	required by this section.
	SECTION 2. The changes in law made by this Act apply only to
	an investigation of a report of child abuse or neglect that is made
	on or after the effective date of this Act. An investigation of a
	report of abuse or neglect made before the effective date of this
	Act is governed by the law in effect on the date the report was made,
	and the former law is continued in effect for that purpose.
	SECTION 3. This Act takes effect on the 91st day after the
	last day of the legislative session.