Tex. Fam. Code § 264.401 et seq.

TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S ADVOCACY CENTERS CHAPTER 264 • CHILD WELFARE SERVICES Subchapter E: CHILDREN'S ADVOCACY CENTERS 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. 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. 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 ating 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. 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; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S ADVOCACY CENTERS (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 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. 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 mployee 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. 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S ADVOCACY CENTERS 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 multidisciplina 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. 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 a 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S ADVOCACY CENTERS (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., C c. 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. 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. Sec. 264.407. LIABILITY. (a) A person i eg., 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. 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. Sec. 264.408. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY AND OWNERSHIP. (a) The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public release under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this chapter. Disclosure may be made to: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S ADVOCACY CENTERS (1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state or local agencies that provide services to children and families; and (2) the attorney for the alleged victim who is the subject of the records and a court-appointed volunteer advocate appointed for the alleged victim under Section 107.031. (b) Information related to the investigation of a report of abuse or neglect under Chapter 261 and to the services provided as a result of the investigation is confidential as provided by Section 261.201. (c) The department, a law enforcement agency, and a prosecuting attorney may share with a center information that is confidential under Section 261.201 as needed to provide services under this chapter. C The department, a law enforcement agency, and a prosecuting attorney may share with a center information that is confidential under Section 261.201 as needed to provide services under this chapter. Confidential information shared with or provided to a center remains the property of the agency that shared or provided the information to the center. A request for confidential information provided to the center under this section must be made to the agency that shared or provided the information. (d) An electronic recording of an interview with a child or person with a disability that is made by a center is the property of the prosecuting attorney involved in the criminal prosecution of the case involving the child or person. If no criminal prosecution occurs, the electronic recording is the property of the attorney involved in representing the department in a civil action alleging abuse, neglect, or exploitation. If the matter involving the child or person is not prosecuted, the electronic recording is the property of the department if the matter is an investigation by the department of abuse, neglect, or exploitation. If the department is not investigating or has not investigated the matter, the electronic recording is the property of the agency that referred the matter to the center. (d-1) An electronic recording of an interview described by Subsection (d) is subject to production under Article 39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of Evidence. A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce an electronic recording of an interview described by Subsection (d), provided that the prosecuting attorney makes the electronic recording reasonably available to the defendant in the same manner as property or material may be made available to defendants, attorneys, and expert witnesses under Article 39.15(d), Code of Criminal Procedure. (e) The department shall be allowed access to ele er as property or material may be made available to defendants, attorneys, and expert witnesses under Article 39.15(d), Code of Criminal Procedure. (e) The department shall be allowed access to electronic recordings of interviews of children or persons with a disability. Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 4, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1069 (H.B. 3259), Sec. 3, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 299 (S.B. 60), Sec. 1, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 8, eff. September 1, 2019. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S AD h Leg., ch. 347, Sec. 1, eff. Sept. 1, 1999. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter E — CHILDREN'S ADVOCACY CENTERS 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. 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. 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 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6