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.