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