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.