HBA-SEB H.B. 228 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 228
By: West, George
Juvenile Justice & Family Issues
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides certain government agents with methods of intervention
in situations where child abuse is deemed to have occurred.  These methods
include issuing restraining orders against the alleged perpetrator,
temporarily removing the child from the allegedly abusive situation, and
taking possession of the child.  Nevertheless, statistics show that child
abuse continues to be a problem in Texas, in some instances even after the
Texas Department of Protective and Regulatory Services (department) has
become involved.  H.B. 228 prohibits a court from returning a child to the
child's guardian's home if a person living in that residence is found to
have abused the child. Similarly, H.B. 228 requires the department to
remove a child from the home if the abuser moves back into that residence,
and after removing the child for this reason two times, authorizes the
department to obtain a court order permanently restricting the abuser from
having contact with the child.   

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 C, Chapter 262, Family Code, by adding
Section 262.2012, as follows: 

Sec. 262.2012.  CHILD LIVING IN SAME RESIDENCE AS ABUSER.  (a)  Prohibits a
court from ordering a child to return to the residence of the child's
parent, managing conservator, possessory conservator, guardian, caretaker,
or custodian (guardian) if a person living in that residence has been found
by the court to have abused the child. 

(b)  Requires the Department of Protective and Regulatory Services
(department) to remove a child from a residence if the person found to have
abused the child moves into the child's residence. 

(c)  Authorizes the department, after removing a child at least two times
under Subsection (b), to return the child to the residence of the child's
guardian only after the court has issued an order that permanently
prohibits the person found to have abused the child from having any contact
with the child. 

SECTION 2.  Effective date:  September 1, 1999.  Provides that this Act
applies only to reports of child abuse made on or after June 1, 1999.
Makes the application of this Act prospective. 

SECTION 3.  Emergency clause.