HBA-AMW H.B. 2428 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2428
By: Goodman
Juvenile Justice & Family Issues
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the files of child protective service
workers and children's advocacy center employees were confidential but did
not protect the confidentiality of information contained in the files of
court-appointed volunteer advocate program employees.  Court-appointed
child advocate volunteers often generate confidential case files as part of
their advocacy work.  House Bill 2428 protects the confidentiality of
files, reports, records, communications, and working papers used or
developed by court-appointed volunteer advocate program employees. 

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. 

ANALYSIS

House Bill 2428 amends the Family Code to provide that the files, reports,
records, communications, and working papers used or developed in providing
court-appointed volunteer advocate program services are confidential and
not subject to disclosure.  The bill authorizes this information to be
disclosed only for purposes consistent with court-appointed volunteer
advocate programs.  The bill authorizes the information to be disclosed to: 

 _the Department of Protective and Regulatory Services, department
employees, law enforcement agencies, prosecuting attorneys, medical
professionals, and other state agencies that provide services to children
and families;  

 _the attorney for the child who is the subject of the information; and 

 _eligible children's advocacy centers.

The bill provides that information related to the investigation of a report
of abuse or neglect of a child and services provided as a result of the
investigation are confidential. 

EFFECTIVE DATE

May 16, 2001.