HBA-SEP, CBW C.S.S.B. 478 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 478 By: West, Royce Juvenile Justice & Family Issues 5/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires that certain procedural conditions apply in taking possession of a child suspected to have violated a penal law. C.S.S.B. 478 prohibits the Department of Protective and Regulatory Services from requesting a law enforcement agency to take possession of an abused or neglected child who is taken into possession in an emergency and suspected of violating penal law until after a hearing has been held in an expedited manner. 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 C.S.S.B. 478 amends the Family Code to prohibit the Department of Protective and Regulatory Services (PRS) from requesting a law enforcement agency to take possession of a child until after an initial hearing has been held in an expedited manner. The bill provides that this Act applies only to an abused or neglected child who is: _taken into possession in an emergency without a court order by PRS; and _suspected of having engaged, prior to being taken into possession, in behavior that violates a penal law of this state. If the child is taken into possession, the bill sets forth provisions pertaining to the information that must be included in the written notice that PRS or other agency must give to each child's parents, conservator, or legal guardian. The bill authorizes the written notice for a child to be waived by the court at the initial hearing under certain conditions. The bill requires PRS to request and be granted an expedited hearing for an abused or neglected child suspected of conduct that violates penal law. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 478 modifies the original to specify that the provision prohibiting the Department of Protective and Regulatory Services from requesting a law enforcement agency to take possession of a child before an initial hearing, applies to an abused or neglected child who is suspected of having engaged in behavior that violates a Texas penal law prior to being taken into possession.