Amend SB 1440 by adding the following appropriately numbered 
SECTIONS to the bill and renumbering subsequent SECTIONS of the 
bill as appropriate:
	SECTION ____.  Section 261.302, Family Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  The department, without filing suit, may seek a court 
order in aid of an investigation under Section 261.303.
	SECTION ____.  Section 261.303, Family Code, is amended by 
amending Subsections (a), (b), and (c) and adding Subsections 
(c-1), (c-2), (c-3), (f), (g), (h), (i), (j), (k), (l), and (m) to 
read as follows:
	(a)  A person may not interfere with an investigation of a 
report of child abuse or neglect conducted by the department or 
designated agency, and a court may render an order to assist the 
department in an investigation under this subchapter.
	(b)  If admission to the home, school, or any place where the 
child may be cannot be obtained, or if consent to transport a child 
for purposes relating to an interview or investigation cannot be 
obtained, then, on presentation of an application supported by an 
affidavit described by Subsection (c-2) that is executed by an 
investigator or authorized representative of the department, [for 
good cause shown] the court having family law jurisdiction, 
including any associate judge designated by the court, may, on 
finding that the affidavit is sufficient and without prior notice 
or a hearing, [shall] order the parent, the person responsible for 
the care of the children, or the person in charge of any place where 
the child may be to allow entrance, transport of the child, or both 
entrance and transport for the interview, examination, and 
investigation.
	(c)  If a parent or person responsible for the child's care 
does not consent to release of the child's prior medical, 
psychological, or psychiatric records or to a medical, 
psychological, or psychiatric examination of the child that is 
requested by the department or designated agency, then, on 
presentation of an application supported by an affidavit described 
by Subsection (c-2) that is executed by an investigator or 
authorized representative of the department, the court having 
family law jurisdiction, including any associate judge designated 
by the court, may, on finding that the affidavit is sufficient and 
without prior notice or a hearing, [shall, for good cause shown,] 
order the records to be released or the examination to be made at 
the times and places designated by the court.
	(c-1)  If a person having possession of records relating to a 
child that are relevant to an investigation does not consent to the 
release of the records on the request of the department or 
designated agency, then, on presentation of an application 
supported by an affidavit described by Subsection (c-2) that is 
executed by an investigator or authorized representative of the 
department, the court having family law jurisdiction, including any 
associate judge designated by the court, may, on finding that the 
affidavit is sufficient and without prior notice or a hearing, 
order the records to be released at the time and place designated by 
the court.
	(c-2)  An application filed under this section must be 
accompanied by an affidavit executed by an investigator or 
authorized representative of the department that states facts 
sufficient to lead a person of ordinary prudence and caution to 
believe that:
		(1)  based on information available, a child's physical 
or mental health or welfare has been or may be adversely affected by 
abuse or neglect;
		(2)  the requested order is necessary to aid in the 
investigation; and
		(3)  there is a fair probability that allegations of 
abuse or neglect will be sustained if the order is issued and 
executed.
	(c-3)  An application and supporting affidavit used to 
obtain a court order in aid of an investigation under this section 
may be filed on any day, including Sunday.
	(f)  A court may designate an associate judge to render an 
order in aid of an investigation under this section.  An order 
rendered by an associate judge is immediately effective without the 
ratification or signature of the court making the designation.
	(g)  As soon as practicable after executing the order or 
attempting to execute the order, as applicable, the department 
shall file with the clerk of the court that rendered the order a 
written report stating:
		(1)  the facts surrounding the execution of the order, 
including the date and time the order was executed and the name of 
the investigator or authorized representative executing the order; 
or
		(2)  the reasons why the department was unable to 
execute the order. 
	(h)  A court issuing an order in aid of an investigation 
under this section shall keep a record of all the proceedings before 
the court under this subchapter, including a report filed with the 
court under Subsection (g).  The record of proceedings, including 
any application and supporting affidavit presented to the court and 
any report filed with the court under Subsection (g), is 
confidential and may only be disclosed as provided by Subsection 
(i) or Section 261.201.
	(i)  If the department files a suit under Chapter 262, the 
department shall include with its original petition a copy of the 
record of all the proceedings before the court under this 
subchapter, including an application and supporting affidavit for 
an order under this section and any report relating to an order in 
aid of an investigation.
	(j)  As soon as practicable after the department obtains 
access to records of a child under an order in aid of an 
investigation, the department shall notify the child's parents or 
another person with legal custody of the child that the department 
has obtained the records.
	(k)  Access to a confidential record under this subchapter 
does not constitute a waiver of confidentiality.
	(l)  This section does not prevent a court from requiring 
notice and a hearing before issuance of an order in aid of an 
investigation under this section if the court determines that:
		(1)  there is no immediate risk to the safety of the 
child; and      
		(2)  notice and a hearing are required to determine 
whether the requested access to persons, records, or places or to 
transport the child is necessary to aid in the investigation.
	(m)  A court's denial of a request for an ex parte order under 
this section does not prevent the issuance of a criminal warrant.