HBA-SEB H.B. 2074 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2074
By: Dukes
Juvenile Justice and Family Issues
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, when the Department of Protective and Regulatory Services (DPRS)
takes possession of a child after conducting an investigation into
suspected child abuse or neglect, DPRS is not required to report the
removal of the child to a local law enforcement agency.  H.B. 2074 requires
DPRS to make that report.  Upon receipt of a report of removal of a child,
this bill requires the local law enforcement agency to conduct an
investigation regarding the suspected abuse or neglect and specifies what
the law enforcement agency's investigation entails.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 261, Family Code, by adding
Section 261.317, as follows: 

Sec. 261.317.  INVESTIGATION BY LAW ENFORCEMENT AGENCY.  (a) Requires the
Department of Protective and Regulatory Services (DPRS) or designated
agency that takes possession of a child under Chapter 262 (Emergency
Procedures in Suit by Governmental Entity), after conducting an
investigation of a report of suspected child abuse or neglect, to report
the removal of the child to the appropriate local law enforcement agency. 

(b)  Requires a local law enforcement agency that receives a report under
Subsection (a) to conduct an investigation regarding the suspected child
abuse or neglect unless the law enforcement agency assisted in the
investigation  that was the basis for removal of the child, as provided by
Section 261.301 (Investigation of Report).  Provides that the investigation
must include a visit to the child's home unless the alleged abuse or
neglect can be confirmed or clearly ruled out without a home visit.  The
investigation must also include an interview with the person from DPRS or
designated agency who conducted the investigation that resulted in the
removal of the child, and it must include an interview with any other
person who may have information relevant to the investigation including a
parent, neighbor, teacher, or child-care provider of the child. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.