reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2044. Grants for Faith-Based Community Collaborative Programs

Sec. 264.2044.  GRANTS FOR FAITH-BASED COMMUNITY COLLABORATIVE PROGRAMS.  (a)  Using available funds or private donations, the governor shall establish and administer an innovation grant program to award grants to support faith-based community programs that collaborate with the department and the commission to improve foster care and the placement of children in foster care.
(b)  A faith-based community program is eligible for a grant under this section if:
(1)  the effectiveness of the program is supported by empirical evidence; and
(2)  the program has demonstrated the ability to build connections between faith-based, secular, and government stakeholders.
(c)  The regional director for the department in the region where a grant recipient program is located, or the regional director's designee, shall serve as the liaison between the department and the program for collaborative purposes.  For a program that operates in a larger region, the department may designate a liaison in each county where the program is operating.  The department or the commission may not direct or manage the operation of the program.
(d)  The initial duration of a grant under this section is two years.  The governor may renew a grant awarded to a program under this section if funds are available and the governor determines that the program is successful.
(e)  The governor may not award to a program grants under this section totaling more than $300,000.
(f)  The governor shall adopt rules to implement the grant program created under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 19(a), eff. September 1, 2017.
Redesignated from Family Code, Section 264.2042 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(18), eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.205. Swift Adoption Teams

Sec. 264.205.  SWIFT ADOPTION TEAMS.  (a)  The department shall develop swift adoption teams to expedite the process of placing a child under the jurisdiction of the department for adoption.  Swift adoption teams developed under this section shall, in performing their duties, attempt to place a child for adoption with an appropriate relative of the child.
(b)  A swift adoption team shall consist of department personnel who shall operate under policies adopted by rule by the executive commissioner.  The department shall set priorities for the allocation of department resources to enable a swift adoption team to operate successfully under the policies adopted under this subsection.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(27), eff. June 17, 2011.
Added by Acts 1995, 74th Leg., ch. 943, Sec. 9, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 306, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 20, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(27), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.196, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.207. Home Study Required Before Adoption

Sec. 264.207.  HOME STUDY REQUIRED BEFORE ADOPTION.
(a)  The department must complete a home study before the date an applicant is approved for an adoption.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(32), eff. September 1, 2015.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 19, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 94, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 58, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 59, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(32), eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.401. Definition

Sec. 264.401.  DEFINITION.  In this subchapter, "center" means a children's advocacy center.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.402. Establishment of Children's Advocacy Center

Sec. 264.402.  ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.  On the execution of a memorandum of understanding under Section 264.403, a children's advocacy center may be established by community members and the participating agencies described by Section 264.403(a) to serve a county or two or more contiguous counties in which a center has not been established.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 185, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.403. Interagency Memorandum of Understanding

Sec. 264.403.  INTERAGENCY MEMORANDUM OF UNDERSTANDING.  (a)  A center shall enter into a memorandum of understanding regarding participation in the multidisciplinary team response under Section 264.406.  The center and each of the following agencies must execute the memorandum of understanding:
(1)  the department responsible for child abuse and neglect investigations;
(2)  each county and municipal law enforcement agency with jurisdiction to investigate child abuse and neglect in the area to be served by the center; and
(3)  each county or district attorney with jurisdiction to prosecute child abuse and neglect cases in the area to be served by the center.
(b)  A memorandum of understanding executed under this section shall include the agreement of each participating agency to cooperate in:
(1)  minimizing the revictimization of alleged abuse and neglect victims and nonoffending family members through the investigation, assessment, intervention, and prosecution processes; and
(2)  maintaining a cooperative team approach to facilitate successful outcomes in the criminal justice and child protection systems through shared fact-finding and strong, collaborative case development.
(c)  The memorandum of understanding must be reexecuted:
(1)  at least every three years;
(2)  on a significant change to the memorandum of understanding; or
(3)  on a change of a signatory of a participating agency.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.4031. Multidisciplinary Team Working Protocol

Sec. 264.4031.  MULTIDISCIPLINARY TEAM WORKING PROTOCOL.  (a)  A center shall adopt a multidisciplinary team working protocol.  The working protocol must include:
(1)  the center's mission statement;
(2)  the role of each participating agency on the multidisciplinary team and the agency's commitment to the center;
(3)  specific criteria for referral of cases for a multidisciplinary team response and specific criteria for the referral and provision of each service provided by the center;
(4)  processes and general procedures for:
(A)  the intake of cases, including direct referrals from participating agencies described by Section 264.403(a) and reports from the department that involve the suspected abuse or neglect of a child or the death of a child from abuse or neglect;
(B)  the availability outside scheduled business hours of a multidisciplinary team response to cases and provision of necessary center services;
(C)  information sharing to ensure the timely exchange of relevant information;
(D)  forensic interviews;
(E)  family and victim advocacy;
(F)  medical evaluations and medical treatment;
(G)  mental health evaluations and mental health treatment;
(H)  multidisciplinary team case review; and
(I)  case tracking; and
(5)  provisions for addressing conflicts within the multidisciplinary team and for maintaining the confidentiality of information shared among members of the multidisciplinary team.
(b)  The working protocol must be executed by the participating agencies required to enter into the memorandum of understanding under Section 264.403.
(c)  The working protocol must be reexecuted:
(1)  at least every three years;
(2)  on a significant change to the working protocol; or
(3)  on a change of a signatory of a participating agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.404. Board Representation

Sec. 264.404.  BOARD REPRESENTATION.  (a)  In addition to any other persons appointed or elected to serve on the governing board of a center, the governing board must include an executive officer of, or an employee with decision-making authority selected by an executive officer of:
(1)  the department responsible for child abuse and neglect investigations;
(2)  a law enforcement agency with jurisdiction to investigate child abuse and neglect in the area served by the center; and
(3)  the county or district attorney's office with jurisdiction to prosecute child abuse and neglect cases in the area served by the center.
(b)  Service on a center's board by an executive officer or employee under Subsection (a) is an additional duty of the person's office or employment.
(c)  The governing board members required under Subsection (a) may not constitute a majority of the membership of a center's governing board.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 185, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.405. Center Duties

Sec. 264.405.  CENTER DUTIES.  (a)  A center shall:
(1)  receive, review, and track department reports relating to the suspected abuse or neglect of a child or the death of a child from abuse or neglect to ensure a consistent, comprehensive approach to all cases that meet the criteria outlined in the multidisciplinary team working protocol adopted under Section 264.4031;
(2)  coordinate the activities of participating agencies relating to abuse and neglect investigations and delivery of services to alleged abuse and neglect victims and their families;
(3)  facilitate assessment of alleged abuse or neglect victims and their families to determine their need for services relating to the investigation of abuse or neglect and  provide needed services; and
(4)  comply with the standards adopted under Section 264.409(c).
(b)  A center shall provide:
(1)  facilitation of a multidisciplinary team response to abuse or neglect allegations;
(2)  a formal process that requires the multidisciplinary team to routinely discuss and share information regarding investigations, case status, and services needed by children and families;
(3)  a system to monitor the progress and track the outcome of each case;
(4)  a child-focused setting that is comfortable, private, and physically and psychologically safe for diverse populations at which a multidisciplinary team can meet to facilitate the efficient and appropriate disposition of abuse and neglect cases through the civil and criminal justice systems;
(5)  culturally competent services for children and families throughout the duration of a case;
(6)  victim support and advocacy services for children and families;
(7)  forensic interviews that are conducted in a neutral, fact-finding manner and coordinated to avoid duplicative interviewing;
(8)  access to specialized medical evaluations and treatment services for victims of alleged abuse or neglect;
(9)  evidence-based, trauma-focused mental health services for children and nonoffending members of the child's family; and
(10)  opportunities for community involvement through a formalized volunteer program dedicated to supporting the center.
(c)  The duties prescribed to a center under Subsection (a)(1) do not relieve the department or a law enforcement agency of its duty to investigate a report of abuse or neglect as required by other law.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.406. Multidisciplinary Team

Sec. 264.406.  MULTIDISCIPLINARY TEAM.  (a)  A center's multidisciplinary team must include employees of the participating agencies described by Section 264.403(a).
(b)  A representative of any other entity may participate in the multidisciplinary team response as provided by the multidisciplinary team working protocol adopted under Section 264.4031 if:
(1)  the entity participates in or provides the following:
(A)  child abuse or neglect investigations;
(B)  abuse or neglect investigations involving persons with a disability;
(C)  services to alleged child abuse or neglect victims; or
(D)  services to alleged victims who are persons with a disability;
(2)  the center and the participating agencies agree in writing to the entity's participation; and
(3)  the entity signs the memorandum of understanding executed under Section 264.403 and the working protocol adopted under Section 264.4031.
(c)  A multidisciplinary team shall be actively involved in the following multidisciplinary team response:
(1)  coordinating the actions of the participating agencies involved in the investigation and prosecution of cases and the delivery of services to alleged abuse or neglect victims and the victims' families; and
(2)  conducting at regularly scheduled intervals multidisciplinary review of appropriate abuse or neglect cases as provided by the working protocol adopted under Section 264.4031.
(d)  A multidisciplinary team may review an abuse or neglect case in which the alleged perpetrator is not a person responsible for a child's care, custody, or welfare.
(e)  A multidisciplinary team member is authorized to share with and receive from other multidisciplinary team members information made confidential by Chapter 552, Government Code, Section 40.005 or 48.101, Human Resources Code, or Section 261.201 or 264.408 of this code when acting in the member's official capacity as an employee of a participating agency described by Section 264.403(a) or of another entity described by Subsection (b).
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 32, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 185, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.4061. Multidisciplinary Team Response Required

Sec. 264.4061.  MULTIDISCIPLINARY TEAM RESPONSE REQUIRED.  (a)  The department shall refer a case to a center and the center shall initiate a response by a center's multidisciplinary team appointed under Section 264.406 when conducting an investigation of:
(1)  a report of abuse or neglect that is made by a professional as defined by Section 261.101 and that:
(A)  alleges sexual abuse of a child; or
(B)  is a type of case handled by the center in accordance with the working protocol adopted for the center under Section 264.4031; or
(2)  a child fatality in which there are surviving children in the deceased child's household or under the supervision of the caregiver involved in the child fatality.
(b)  Any interview of a child conducted as part of the investigation under Subsection (a) must be a forensic interview conducted in accordance with the center's working protocol adopted under Section 264.4031 unless a forensic interview is not appropriate based on the child's age and development or the center's working protocol adopted under Section 264.4031.
(c)  Subsection (a) applies only to an investigation of abuse or neglect in a county served by a center that has executed an interagency memorandum of understanding under Section 264.403.  If a county is not served by a center that has executed an interagency memorandum of understanding, the department may, if appropriate, directly refer a case to a center in an adjacent county to initiate a response by that center's multidisciplinary team.
Added by Acts 2017, 85th Leg., R.S., Ch. 945 (S.B. 1806), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.407. Liability

Sec. 264.407.  LIABILITY.  (a)  A person is not liable for civil damages for a recommendation made or an opinion rendered in good faith while acting in the official scope of the person's duties as a member of a multidisciplinary team or as a board member, staff member, or volunteer of a center.
(b)  The limitation on civil liability of Subsection (a) does not apply if a person's actions constitute gross negligence.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.409. Administrative Contracts

Sec. 264.409.  ADMINISTRATIVE CONTRACTS.  (a)  The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is composed of individuals who have expertise in the establishment and operation of children's advocacy center programs.  The statewide organization shall provide training, technical assistance, evaluation services, and funds administration to support contractual requirements under Section 264.411 for local children's advocacy center programs.
(b)  The contract under this section must provide that the statewide organization may not spend annually in the performance of duties under Subsection (a) more than 12 percent of the annual amount appropriated to the commission for purposes of this section.
(c)  The statewide organization with which the commission contracts shall develop and adopt standards for children's advocacy centers.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 347, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.410. Contracts With Children's Advocacy Centers

Sec. 264.410.  CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS.  (a)  The statewide organization with which the commission contracts under Section 264.409 shall contract with eligible centers to establish, maintain, and enhance the services provided by the centers.
(b)  The contract under this section may not result in reducing the financial support a center receives from another source.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 12, eff. September 1, 2019.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 347, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 10, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter E. Children's Advocacy Centers › Section 264.411. Eligibility for Contracts

Sec. 264.411.  ELIGIBILITY FOR CONTRACTS.  (a)  A public entity that operated as a center under this subchapter before November 1, 1995, or a nonprofit entity is eligible for a contract under Section 264.410 if the entity:
(1)  has a signed memorandum of understanding as provided by Section 264.403;
(2)  has a signed working protocol as provided by Section 264.4031;
(3)  has a governing board as provided by Section 264.404;
(4)  has a multidisciplinary team as provided by Section 264.406;
(5) regularly convenes the multidisciplinary team as provided by Section 264.406;
(6)  employs an executive director who is accountable to the board of directors of the entity and who is not the exclusive salaried employee of any governmental agency; and
(7)  fulfills the duties required by Section 264.405.
(b)  The statewide organization described by Section 264.409 may waive the requirements specified in Subsection (a) if it determines that the waiver will not adversely affect a center's ability to carry out its duties under Section 264.405.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 347, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 185, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 136 (S.B. 245), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.501. Definitions

Sec. 264.501.  DEFINITIONS.  In this subchapter:
(1)  "Autopsy" and "inquest" have the meanings assigned by Article 49.01, Code of Criminal Procedure.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(13), eff. April 2, 2015.
(3)  "Child" means a person younger than 18 years of age.
(4)  "Committee" means the child fatality review team committee.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(13), eff. April 2, 2015.
(6)  "Health care provider" means any health care practitioner or facility that provides medical evaluation or treatment, including dental and mental health evaluation or treatment.
(7)  "Meeting" means an in-person meeting or a meeting held by telephone or other electronic medium.
(8)  "Preventable death" means a death that may have been prevented by reasonable medical, social, legal, psychological, or educational intervention.  The term includes the death of a child from:
(A)  intentional or unintentional injuries;
(B)  medical neglect;
(C)  lack of access to medical care;
(D)  neglect and reckless conduct, including failure to supervise and failure to seek medical care;  and
(E)  premature birth associated with any factor described by Paragraphs (A) through (D).
(9)  "Review" means a reexamination of information regarding a deceased child from relevant agencies, professionals, and health care providers.
(10)  "Review team" means a child fatality review team established under this subchapter.
(11)  "Unexpected death" includes a death of a child that, before investigation:
(A)  appears to have occurred without anticipation or forewarning;  and
(B)  was caused by trauma, suspicious or obscure circumstances, sudden infant death syndrome, abuse or neglect, or an unknown cause.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 957, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(13), eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.5031. Collection of Near Fatality Data

Sec. 264.5031.  COLLECTION OF NEAR FATALITY DATA.  (a)  In this section, "near fatality" means a case where a physician has certified that a child is in critical or serious condition, and a caseworker determines that the child's condition was caused by the abuse or neglect of the child.
(b)  The department shall include near fatality child abuse or neglect cases in the child fatality case database, for cases in which child abuse or neglect is determined to have been the cause of the near fatality.  The department must also develop a data collection strategy for near fatality child abuse or neglect cases.
Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.5032. Report on Child Fatality and Near Fatality Data

Sec. 264.5032.  REPORT ON CHILD FATALITY AND NEAR FATALITY DATA.  (a)  The department shall produce an aggregated report relating to child fatality and near fatality cases resulting from child abuse or neglect containing the following information:
(1)  any prior contact the department had with the child's family and the manner in which the case was disposed, including cases in which the department made the following dispositions:
(A)  priority none or administrative closure;
(B)  call screened out;
(C)  alternative or differential response provided;
(D)  unable to complete the investigation;
(E)  unable to determine whether abuse or neglect occurred;
(F)  reason to believe abuse or neglect occurred; or
(G)  child removed and placed into substitute care;
(2)  for any case investigated by the department involving the child or the child's family:
(A)  the number of caseworkers assigned to the case before the fatality or near fatality occurred; and
(B)  the caseworker's caseload at the time the case was opened and at the time the case was closed;
(3)  for any case in which the department investigation concluded that there was reason to believe that abuse or neglect occurred, and the family was referred to family-based safety services:
(A)  the safety plan provided to the family;
(B)  the services offered to the family; and
(C)  the level of compliance with the safety plan or completion of the services by the family;
(4)  the number of contacts the department made with children and families in family-based safety services cases; and
(5)  the initial and attempted contacts the department made with child abuse and neglect victims.
(b)  In preparing the part of the report required by Subsection (a)(1), the department shall include information contained in department records retained in accordance with the department's records retention schedule.
(c)  The report produced under this section must protect the identity of individuals involved in a case that is included in the report.
(d)  The department may combine the report required under this section with the annual child fatality report required to be produced under Section 261.204.
Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.504. Meetings of Committee

Sec. 264.504.  MEETINGS OF COMMITTEE.  (a)  Except as provided by Subsections (b), (c), and (d), meetings of the committee are subject to the open meetings law, Chapter 551, Government Code, as if the committee were a governmental body under that chapter.
(b)  Any portion of a meeting of the committee during which the committee discusses an individual child's death is closed to the public and is not subject to the open meetings law, Chapter 551, Government Code.
(c)  Information identifying a deceased child, a member of the child's family, a guardian or caretaker of the child, or an alleged or suspected perpetrator of abuse or neglect of the child may not be disclosed during a public meeting.  On a majority vote of the committee members, the members shall remove from the committee any member who discloses information described by this subsection in a public meeting.
(d)  Information regarding the involvement of a state or local agency with the deceased child or another person described by Subsection (c) may not be disclosed during a public meeting.
(e)  The committee may conduct an open or closed meeting by telephone conference call or other electronic medium.  A meeting held under this subsection is subject to the notice requirements applicable to other meetings.  The notice of the meeting must specify as the location of the meeting the location where meetings of the committee are usually held.  Each part of the meeting by telephone conference call that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape-recorded.  The tape recording shall be made available to the public.
(f)  This section does not prohibit the committee from requesting the attendance at a closed meeting of a person who is not a member of the committee and who has information regarding a deceased child.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.58, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.505. Establishment of Review Team

Sec. 264.505.  ESTABLISHMENT OF REVIEW TEAM.  (a)  A multidisciplinary and multiagency child fatality review team may be established for a county to review child deaths in that county.  A county may join with an adjacent county or counties to establish a combined review team.
(b)  Any person who may be a member of a review team under Subsection (c) may initiate the establishment of a review team and call the first organizational meeting of the team.
(c)  A review team must reflect the diversity of the county's population and may include:
(1)  a criminal prosecutor involved in prosecuting crimes against children;
(2)  a sheriff;
(3)  a justice of the peace or medical examiner;
(4)  a police chief;
(5)  a pediatrician experienced in diagnosing and treating child abuse and neglect;
(6)  a child educator;
(7)  a child mental health provider;
(8)  a public health professional;
(9)  a child protective services specialist;
(10)  a sudden infant death syndrome family service provider;
(11)  a neonatologist;
(12)  a child advocate;
(13)  a chief juvenile probation officer; and
(14)  a child abuse prevention specialist.
(d)  Members of a review team may select additional team members according to community resources and needs.
(e)  A review team shall select a presiding officer from its members.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.59, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.506. Purpose and Duties of Review Team

Sec. 264.506.  PURPOSE AND DUTIES OF REVIEW TEAM.  (a)  The purpose of a review team is to decrease the incidence of preventable child deaths by:
(1)  providing assistance, direction, and coordination to investigations of child deaths;
(2)  promoting cooperation, communication, and coordination among agencies involved in responding to child fatalities;
(3)  developing an understanding of the causes and incidence of child deaths in the county or counties in which the review team is located;
(4)  recommending changes to agencies, through the agency's representative member, that will reduce the number of preventable child deaths;  and
(5)  advising the committee on changes to law, policy, or practice that will assist the team and the agencies represented on the team in fulfilling their duties.
(b)  To achieve its purpose, a review team shall:
(1)  adapt and implement, according to local needs and resources, the model protocols developed by the department and the committee;
(2)  meet on a regular basis to review child fatality cases and recommend methods to improve coordination of services and investigations between agencies that are represented on the team;
(3)  collect and maintain data as required by the committee;
(4)  review and analyze the collected data to identify any demographic trends in child fatality cases, including whether there is a disproportionate number of child fatalities in a particular population group or geographic area; and
(5)  submit to the vital statistics unit data reports on deaths reviewed as specified by the committee.
(c)  A review team shall initiate prevention measures as indicated by the review team's findings.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.197, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.507. Duties of Presiding Officer

Sec. 264.507.  DUTIES OF PRESIDING OFFICER.  The presiding officer of a review team shall:
(1)  send notices to the review team members of a meeting to review a child fatality;
(2)  provide a list to the review team members of each child fatality to be reviewed at the meeting;
(3)  submit data reports to the vital statistics unit not later than the 30th day after the date on which the review took place; and
(4)  ensure that the review team operates according to the protocols developed by the department and the committee, as adapted by the review team.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.198, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.508. Review Procedure

Sec. 264.508.  REVIEW PROCEDURE.  (a)  The review team of the county in which the injury, illness, or event that was the cause of the death of the child occurred, as stated on the child's death certificate, shall review the death.
(b)  On receipt of the list of child fatalities under Section 264.507, each review team member shall review the member's records and the records of the member's agency for information regarding each listed child.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.509. Access to Information

Sec. 264.509.  ACCESS TO INFORMATION.  (a)  A review team may request information and records regarding a deceased child as necessary to carry out the review team's purpose and duties.  Records and information that may be requested under this section include:
(1)  medical, dental, and mental health care information;  and
(2)  information and records maintained by any state or local government agency, including:
(A)  a birth certificate;
(B)  law enforcement investigative data;
(C)  medical examiner investigative data;
(D)  juvenile court records;
(E)  parole and probation information and records;  and
(F)  child protective services information and records.
(b)  On request of the presiding officer of a review team, the custodian of the relevant information and records relating to a deceased child shall provide those records to the review team at no cost to the review team.
(b-1)  The Department of State Health Services shall provide a review team with electronic access to the preliminary death certificate for a deceased child.
(c)  This subsection does not authorize the release of the original or copies of the mental health or medical records of any member of the child's family or the guardian or caretaker of the child or an alleged or suspected perpetrator of abuse or neglect of the child which are in the possession of any state or local government agency as provided in Subsection (a)(2).  Information relating to the mental health or medical condition of a member of of  the child's family or the guardian or caretaker of the child or the alleged or suspected perpetrator of abuse or neglect of the child acquired as part of an investigation by a state or local government agency as provided in Subsection (a)(2) may be provided to the review team.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.60, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.510. Meeting of Review Team

Sec. 264.510.  MEETING OF REVIEW TEAM.  (a)  A meeting of a review team is closed to the public and not subject to the open meetings law, Chapter 551, Government Code.
(b)  This section does not prohibit a review team from requesting the attendance at a closed meeting of a person who is not a member of the review team and who has information regarding a deceased child.
(c)  Except as necessary to carry out a review team's purpose and duties, members of a review team and persons attending a review team meeting may not disclose what occurred at the meeting.
(d)  A member of a review team participating in the review of a child death is immune from civil or criminal liability arising from information presented in or opinions formed as a result of a meeting.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.511. Use of Information and Records; Confidentiality

Sec. 264.511.  USE OF INFORMATION AND RECORDS;  CONFIDENTIALITY.  (a)  Information and records acquired by the committee or by a review team in the exercise of its purpose and duties under this subchapter are confidential and exempt from disclosure under the open records law, Chapter 552, Government Code, and may only be disclosed as necessary to carry out the committee's or review team's purpose and duties.
(b)  A report of the committee or of a review team or a statistical compilation of data reports is a public record subject to the open records law, Chapter 552, Government Code, as if the committee or review team were a governmental body under that chapter, if the report or statistical compilation does not contain any information that would permit the identification of an individual.
(c)  A member of a review team may not disclose any information that is confidential under this section.
(d)  Information, documents, and records of the committee or of a review team that are confidential under this section are not subject to subpoena or discovery and may not be introduced into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence solely because they were presented during proceedings of the committee or a review team or are maintained by the committee or a review team.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.512. Governmental Units

Sec. 264.512.  GOVERNMENTAL UNITS.  The committee and a review team are governmental units for purposes of Chapter 101, Civil Practice and Remedies Code.  A review team is a unit of local government under that chapter.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.513. Report of Death of Child

Sec. 264.513.  REPORT OF DEATH OF CHILD.  (a)  A person who knows of the death of a child younger than six years of age shall immediately report the death to the medical examiner of the county in which the death occurs or, if the death occurs in a county that does not have a medical examiner's office or that is not part of a medical examiner's district, to a justice of the peace in that county.
(b)  The requirement of this section is in addition to any other reporting requirement imposed by law, including any requirement that a person report child abuse or neglect under this code.
(c)  A person is not required to report a death under this section that is the result of a motor vehicle collision.  This subsection does not affect a duty imposed by another law to report a death that is the result of a motor vehicle collision.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 129, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.514. Procedure in the Event of Reportable Death

Sec. 264.514.  PROCEDURE IN THE EVENT OF REPORTABLE DEATH.  (a)  A medical examiner or justice of the peace notified of a death of a child under Section 264.513 shall hold an inquest under Chapter 49, Code of Criminal Procedure, to determine whether the death is unexpected or the result of abuse or neglect.  An inquest is not required under this subchapter if the child's death is expected and is due to a congenital or neoplastic disease.  A death caused by an infectious disease may be considered an expected death if:
(1)  the disease was not acquired as a result of trauma or poisoning;
(2)  the infectious organism is identified using standard medical procedures; and
(3)  the death is not reportable to the Department of State Health Services under Chapter 81, Health and Safety Code.
(a-1)  The commissioners court of a county shall adopt regulations relating to the timeliness for conducting an inquest into the death of a child.  The regulations adopted under this subsection must be as stringent as the standards issued by the National Association of Medical Examiners unless the commissioners court determines that it would be cost prohibitive for the county to comply with those standards.
(b)  The medical examiner or justice of the peace shall immediately notify an appropriate local law enforcement agency if the medical examiner or justice of the peace determines that the death is unexpected or the result of abuse or neglect, and that agency shall investigate the child's death. The medical examiner or justice of the peace shall notify the appropriate county child fatality review team of the child's death not later than the 120th day after the date the death is reported.
(c)  In this section, the terms "abuse" and "neglect" have the meaning assigned those terms by Section 261.001.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 95, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1301, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 785, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.199, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 11(a), eff. September 1, 2017.