Bill Text: TX SB821 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to children's advocacy centers.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2019-06-02 - Effective on 9/1/19 [SB821 Detail]

Download: Texas-2019-SB821-Enrolled.html

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S.B. No. 821

AN ACT
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 [entities]
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 [Before a] center shall enter into [may be established under
Section 264.402,] a memorandum of understanding regarding
participation in the multidisciplinary team response under Section
264.406. The center and each of the following agencies [operation
of the center] must execute the memorandum of understanding [be
executed among]:
(1) [the division of] the department responsible for
child abuse and neglect investigations;
(2) each [representatives of] county and municipal law
enforcement agency with jurisdiction to [agencies that]
investigate child abuse and neglect in the area to be served by the
center; and
(3) each [the] county or district attorney with
jurisdiction to prosecute [who routinely prosecutes] child abuse
and neglect cases in the area to be served by the center[; and
[(4) a representative of any other governmental entity
that participates in child abuse investigations or offers services
to child abuse victims that desires to participate in the operation
of the center].
(b) A memorandum of understanding executed under this
section shall include the agreement of each participating agency
[entity] to cooperate in:
(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 [developing] a cooperative[,] team
approach to facilitate successful outcomes in the criminal justice
and [investigating] child protection systems through shared
fact-finding and strong, collaborative case development [abuse;
[(2) reducing, to the greatest extent possible, the
number of interviews required of a victim of child abuse to minimize
the negative impact of the investigation on the child; and
[(3) developing, maintaining, and supporting, through
the center, an environment that emphasizes the best interests of
children and that provides investigatory and rehabilitative
services].
(c) The [A] memorandum of understanding must be reexecuted:
(1) at least every three years;
(2) on a significant change to the memorandum of
understanding; [executed under this section may include the
agreement of one] or
(3) on a change of a signatory of a [more]
participating agency [entities to provide office space and
administrative services necessary for the center's operation].
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 [children's advocacy] center, the
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 [that investigates] child abuse and neglect in the area
served by the center;
[(2) the child protective services division of the
department;] and
(3) the county or district attorney's office with
jurisdiction to prosecute [involved in the prosecution of] child
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
[assess] victims [of child abuse] and their families to determine
their need for services relating to the investigation of [child]
abuse or neglect and[;
[(2)] provide needed services [determined to be needed
under Subdivision (1)]; and
(4) comply with the standards adopted under Section
264.409(c).
(b) A center shall [(3)] provide:
(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 [a facility] at which a multidisciplinary team
[appointed under Section 264.406] can meet to facilitate the
efficient and appropriate disposition of [child] abuse and neglect
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
[(4) coordinate the activities of governmental entities relating
to child abuse investigations and delivery of services to child
abuse victims and their families].
(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) [who are professionals
involved in the investigation or prosecution of child abuse cases].
(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) [(b)] A [center's] multidisciplinary team shall be
actively [may also include professionals] involved in the following
[the delivery of services, including medical and mental health
services, to child abuse victims and the victims' families.
[(c) A] multidisciplinary team response [shall meet at
regularly scheduled intervals to]:
(1) coordinating [review child abuse cases determined
to be appropriate for review by the multidisciplinary team; and
[(2) coordinate] the actions of the participating
agencies [entities] involved in the investigation and prosecution
of [the] cases and the delivery of services to alleged [the child]
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 [a child] abuse
or neglect case in which the alleged perpetrator [does not have
custodial control or supervision of the child or] is not a person
responsible for a [the] child's care, custody, or welfare [or
care].
(e) A [When acting in the member's official capacity, 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 [264.411(a)(9)]; or
(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[, if
appropriate].
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 [child] who is
the subject of the records and a court-appointed volunteer advocate
appointed for the alleged victim [child] under Section 107.031.
(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 [A video] recording of an interview with
[of] a child or person with a disability that is made by a center is
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 [video] recording is
the property of the attorney involved in representing the
department in a civil action alleging [child] abuse, [or] neglect,
or exploitation. If the matter involving the child or person is not
prosecuted, the electronic [video] recording is the property of the
department if the matter is an investigation by the department of
abuse, [or] neglect, or exploitation. If the department is not
investigating or has not investigated the matter, the electronic
[video] recording is the property of the agency that referred the
matter to the center.
(d-1) An electronic [A video] recording of an interview
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 [a
video] recording of an interview described by Subsection (d),
provided that the prosecuting attorney makes the electronic [video]
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 [a
center's video] recordings of interviews of children or persons
with a disability.
SECTION 9. Section 264.409, Family Code, is amended to read
as follows:
Sec. 264.409. ADMINISTRATIVE CONTRACTS. (a) The
[department or the] commission shall contract with one [a]
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 [and
designated as a supporting organization under Section 509(a)(3) of
that code] and that is composed of individuals [or groups of
individuals] who have expertise in the establishment and operation
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 [If the commission enters into a] contract under
this section[, the contract] must provide that the statewide
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 [the department
or] the commission contracts under Section 264.409 shall contract
[for services] with eligible centers to establish, maintain, and
enhance the [existing] services provided by the centers [of the
programs].
(b) The contract under this section may not result in
reducing the financial support a [local] center receives from
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 [operates under the authority of] a governing
board as provided by Section 264.404;
(4) [(3)] has a multidisciplinary team [of persons
involved in the investigation or prosecution of child abuse cases
or the delivery of services] as provided by Section 264.406;
(5) [(4) holds] regularly convenes the
multidisciplinary team [scheduled case reviews] as provided by
Section 264.406;
[(5) operates in a neutral and physically separate
space from the day-to-day operations of any public agency partner;]
(6) [has developed a method of statistical information
gathering on children receiving services through the center and
shares such statistical information with the statewide
organization, the department, and the commission when requested;
[(7) has an in-house volunteer program;
[(8)] employs an executive director who is accountable
[answerable] to the board of directors of the entity and who is not
the exclusive salaried employee of any governmental [public] agency
[partner];
[(9) operates under a working protocol that includes a
statement of:
[(A) the center's mission;
[(B) each agency's role and commitment to the
center;
[(C) the type of cases to be handled by the
center;
[(D) the center's procedures for conducting case
reviews and forensic interviews and for ensuring access to
specialized medical and mental health services; and
[(E) the center's policies regarding
confidentiality and conflict resolution;] and
(7) fulfills the duties required by Section 264.405
[(10) implements at the center the following program components:
[(A) a case tracking system that monitors
statistical information on each child and nonoffending family
member or other caregiver who receives services through the center
and that includes progress and disposition information for each
service the multidisciplinary team determines should be provided to
the client;
[(B) a child-focused setting that is
comfortable, private, and physically and psychologically safe for
diverse populations of children and nonoffending family members and
other caregivers;
[(C) family advocacy and victim support services
that include comprehensive case management and victim support
services available to each child and the child's nonoffending
family members or other caregivers as part of the services the
multidisciplinary team determines should be provided to a client;
[(D) forensic interviews conducted in a neutral,
fact-finding manner and coordinated to avoid duplicative
interviewing;
[(E) specialized medical evaluation and
treatment services that are available to all children who receive
services through the center and coordinated with the services the
multidisciplinary team determines should be provided to a child;
[(F) specialized trauma-focused mental health
services that are designed to meet the unique needs of child abuse
victims and the victims' nonoffending family members or other
caregivers and that are available as part of the services the
multidisciplinary team determines should be provided to a client;
and
[(G) a system to ensure that all services
available to center clients are culturally competent and diverse
and are coordinated with the services the multidisciplinary team
determines should be provided to a client].
(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 [the]
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 821 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 821 passed the House on
May 16, 2019, by the following vote: Yeas 134, Nays 6, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor