Bill Text: TX HB39 | 2017-2018 | 85th Legislature | Engrossed


Bill Title: Relating to the provision of child protective services and other health and human services by certain state agencies; authorizing a fee.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [HB39 Detail]

Download: Texas-2017-HB39-Engrossed.html
 
 
  By: Wu, Raymond, Davis of Harris, Rose, H.B. No. 39
      White, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of child protective services and other
  health and human services by certain state agencies; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 261, Family Code, is
  amended by adding Section 261.3017 to read as follows:
         Sec. 261.3017.  ABBREVIATED INVESTIGATION AND
  ADMINISTRATIVE CLOSURE OF CERTAIN CASES. (a) A department
  caseworker may refer a reported case of child abuse or neglect to a
  department supervisor for abbreviated investigation or
  administrative closure at any time before the 60th day after the
  date the report is received if:
               (1)  there is no prior report of abuse or neglect of the
  child who is the subject of the report;
               (2)  the department has not received an additional
  report of abuse or neglect of the child following the initial
  report; and
               (3)  either:
                     (A)  after contacting a professional or other
  credible source, the caseworker determines that the child's safety
  can be assured without further investigation, response, services,
  or assistance; or
                     (B)  the caseworker determines that no abuse or
  neglect occurred.
         (b)  A department supervisor shall review each reported case
  of child abuse or neglect that has remained open for more than 60
  days and administratively close the case if the supervisor
  determines that the circumstances described by Subsections
  (a)(1)-(3) exist and that closing the case would not expose the
  child to an undue risk of harm.
         (c)  A department supervisor may reassign a reported case of
  child abuse or neglect that does not qualify for abbreviated
  investigation or administrative closure under Subsection (a) or (b)
  to a different department caseworker if the supervisor determines
  that reassignment would allow the department to make the most
  effective use of resources to investigate and respond to reported
  cases of abuse or neglect.
         (d)  The executive commissioner shall adopt rules necessary
  to implement this section.
         (e)  In this section, "professional" means an individual who
  is licensed or certified by the state or who is an employee of a
  facility licensed, certified, or operated by the state and who, in
  the normal course of official duties or duties for which a license
  or certification is required, has direct contact with children.
  The term includes teachers, nurses, doctors, day-care employees,
  employees of a clinic or health care facility that provides
  reproductive services, juvenile probation officers, and juvenile
  detention or correctional officers.
         SECTION 2.  Subchapter B, Chapter 262, Family Code, is
  amended by adding Sections 262.1041 and 262.1042 to read as
  follows:
         Sec. 262.1041.  VOLUNTARY TEMPORARY CAREGIVER PROGRAM. (a)  
  The Department of Family and Protective Services shall create a
  program that allows a child who is removed from the child's home
  under this chapter to be placed in the care of an individual
  approved as a voluntary temporary caregiver under this section.
         (b)  The department shall establish an application and
  verification process to approve individuals to serve as voluntary
  temporary caregivers.  The department may charge each person
  applying to serve as a voluntary temporary caregiver an application
  fee in an amount reasonable and necessary to cover the cost of
  administering the program. The department's verification process
  must:
               (1)  include a background and criminal history record
  check of each caregiver;
               (2)  verify the caregiver:
                     (A)  has a home with adequate sleeping space for
  each child placed with the caregiver;
                     (B)  has six or fewer children in the caregiver's
  home, including the caregiver's own children and any children for
  whom the caregiver provides day care;
                     (C)  agrees to nonphysical discipline;
                     (D)  has had all pets in the caregiver's home
  vaccinated; and
                     (E)  maintains and submits to the department proof
  of current certification in first aid and cardiopulmonary
  resuscitation issued by the American Red Cross, the American Heart
  Association, or another organization that provides equivalent
  training and certification;
               (3)  require each member of the caregiver's household
  to undergo a screening test for tuberculosis infection approved by
  the executive commissioner of the Health and Human Services
  Commission; and
               (4)  include any other administrative procedure the
  department determines is necessary to ensure the caregiver will
  provide a safe home for the child.
         (c)  The department shall require each voluntary temporary
  caregiver to receive four hours of training relating to child
  development and disciplinary techniques for children who are
  classified above a basic service level. A caregiver who applies to
  become a licensed or verified foster home shall receive a credit of
  four hours toward the training hours required by Section 42.0537,
  Human Resources Code, for a person to become a licensed or verified
  foster home.
         (d)  A voluntary temporary caregiver must agree to care for a
  child placed with the caregiver for at least 14 days.
         (e)  Except as provided by Subsection (f), a child may be
  placed with a voluntary temporary caregiver for not more than 14
  days after the date the child is removed from the child's home.
         (f)  If the child's caseworker determines that it is in the
  child's best interest for the child to remain in the care of the
  voluntary temporary caregiver for more than 14 days, the caseworker
  may, if the voluntary temporary caregiver agrees:
               (1)  allow the child to remain in the care of the
  voluntary temporary caregiver;
               (2)  designate the voluntary temporary caregiver as the
  caregiver of the child under a parental child safety placement
  agreement in accordance with Subchapter L, Chapter 264; or
               (3)  designate the voluntary temporary caregiver as a
  designated caregiver of the child in accordance with Subchapter I,
  Chapter 264.
         (g)  A voluntary temporary caregiver with whom a child is
  placed under this section is not entitled to any reimbursement for
  the care the caregiver provides for the child.
         (h)  A voluntary temporary caregiver is not liable for the
  cost of any medical care the child receives while the child is
  placed with the caregiver. The cost of any medical care shall be
  covered by the existing health insurance provided for the child.
         (i)  A voluntary temporary caregiver shall ensure that the
  child:
               (1)  continues to attend the school in which the child
  was enrolled immediately before the child was removed from the
  child's home; or
               (2)  attends another school chosen by the child's
  caseworker if the child's caseworker determines that it is unsafe
  for the child to continue to attend the school in which the child
  was enrolled immediately before the child was removed from the
  child's home.
         (j)  The department shall publicize the voluntary temporary
  caregiver program and notify the parents of a child being removed
  from the child's home whether the child will be placed with a
  voluntary temporary caregiver.
         (k)  The executive commissioner of the Health and Human
  Services Commission or the commissioner of the Department of Family
  and Protective Services, as appropriate, shall adopt rules
  necessary to implement this section.
         Sec. 262.1042.  RELEASE OF CHILD BY LAW ENFORCEMENT OR
  JUVENILE PROBATION OFFICER TO VOLUNTARY TEMPORARY CAREGIVER. A law
  enforcement or juvenile probation officer who takes possession of a
  child under this chapter may release the child to a voluntary
  temporary caregiver approved under Section 262.1041.
         SECTION 3.  Section 264.1075, Family Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  As soon as possible after a child is placed in the
  managing conservatorship of the department [begins receiving
  foster care under this subchapter], the department shall assess
  whether the child has a developmental or intellectual disability.
         (c)  If the assessment required by Subsection (b) indicates
  that the child might have an intellectual disability, the
  department shall ensure that a referral for a determination of
  intellectual disability is made as soon as possible and that the
  determination is conducted by an authorized provider before the
  date of the child's 16th birthday, if practicable.  If the child is
  placed in the managing conservatorship of the department after the
  child's 16th birthday, the determination of intellectual
  disability must be conducted as soon as possible after the
  assessment required by Subsection (b).  In this subsection,
  "authorized provider" has the meaning assigned by Section 593.004,
  Health and Safety Code.
         SECTION 4.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1076 to read as follows:
         Sec. 264.1076.  MEDICAL EXAMINATION REQUIRED. (a)  This
  section applies only to a child who has been taken into the
  conservatorship of the department and remains in the
  conservatorship of the department for more than three business days
  other than a child admitted to an inpatient medical facility.
         (b)  The department shall ensure that each child described by
  Subsection (a) is examined by and receives an initial medical
  examination and a mental health screening from a physician or other
  health care provider authorized under state law to conduct medical
  examinations not later than the end of the third business day after
  the date the child enters the conservatorship of the department or
  not later than the seventh business day after the date the child
  enters the conservatorship of the department, if the child is
  located in a rural area, as that term is defined by Section 845.002,
  Insurance Code.  A physician or other health care provider
  conducting the medical examination under this section may not
  administer a vaccination as part of the examination, except that a
  physician may administer a tetanus vaccination if the physician
  determines that an emergency circumstance requires the
  administration of the vaccination. The prohibition on the
  administration of a vaccine does not apply after the department has
  been named managing conservator of the child after a hearing under
  Section 262.106 or 262.201.
         (c)  The department shall collaborate with the commission
  and relevant medical practitioners to develop guidelines for the
  medical examination conducted under this section, including
  guidelines on the components to be included in the examination.
         (d)  Not later than December 31, 2019, the department shall
  submit a report to the standing committees of the house of
  representatives and the senate with primary jurisdiction over child
  protective services and foster care evaluating the statewide
  implementation of the medical examination required by this section.  
  The report must include the level of compliance with the
  requirements of this section in each region of the state.  This
  subsection expires September 1, 2021.
         SECTION 5.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1131 to read as follows:
         Sec. 264.1131.  FOSTER CARE PROVIDER RECRUITMENT PLAN. In
  addition to foster parent recruitment from nonprofit organizations
  and from organizations under Section 264.113, the department shall,
  subject to the availability of funds, collaborate with current
  foster and adoptive parents to develop and implement a foster care
  provider recruitment plan. The plan must:
               (1)  use data analysis, social media, partnerships with
  faith-based and volunteer organizations, and other strategies for
  recruitment, including targeted and child-focused recruitment;
               (2)  identify the number of available foster care
  providers for children with high needs in order to expand the use of
  therapeutic or treatment foster care for children in those
  placements;
               (3)  require the provision of:
                     (A)  quality customer service to prospective and
  current foster and adoptive parents; and
                     (B)  assistance to prospective foster parents
  with the certification and placement process;
               (4)  include strategies for increasing the number of
  kinship providers;
               (5)  include strategies to ensure that children in
  foster care do not have to transfer schools after entering foster
  care, unless transferring is in the child's best interest; and
               (6)  include programs to support foster and adoptive
  families, including programs that provide training, respite care,
  and peer assistance.
         SECTION 6.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1211 to read as follows:
         Sec. 264.1211.  CAREER DEVELOPMENT AND EDUCATION PROGRAM.
  The department shall collaborate with foster care youth and local
  workforce development boards, foster care transition centers,
  community and technical colleges, schools, and any other
  appropriate workforce industry resource to create a program that:
               (1)  assists foster care youth and former foster care
  youth in obtaining:
                     (A)  a high school diploma or a high school
  equivalency certificate; and
                     (B)  industry certifications necessary for high
  demand occupations;
               (2)  provides career guidance to foster care youth and
  former foster care youth; and
               (3)  informs foster care youth and former foster care
  youth about:
                     (A)  the tuition and fee waivers for institutions
  of higher education that are available under Section 54.366,
  Education Code; and
                     (B)  available programs that provide housing
  assistance, educational assistance, and any other service to assist
  foster care youth and former foster care youth with transitioning
  to independent living.
         SECTION 7.  Section 264.201, Family Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  In providing services to a family under this section,
  the department shall ensure that the services provided:
               (1)  are narrowly tailored to address the allegations
  of abuse or neglect the department is investigating; and
               (2)  do not duplicate other services the family is
  receiving.
         SECTION 8.  Subchapter C, Chapter 264, Family Code, is
  amended by adding Section 264.2042 to read as follows:
         Sec. 264.2042.  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.
         SECTION 9.  Section 264.903, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The department shall expedite the evaluation of a
  potential caregiver under this section to ensure that the child is
  placed with a caregiver who has the ability to protect the child
  from the alleged perpetrator of abuse or neglect against the child.
         SECTION 10.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.040 to read as follows:
         Sec. 402.040.  CHILD PROTECTIVE SERVICES LIAISON. For each
  regional office of the Department of Family and Protective Services
  that provides child protective services, the attorney general shall
  appoint an employee to serve as a liaison to the department for that
  regional office. The department is not required to provide the
  liaison with an office in the department's regional office.  The
  liaison shall:
               (1)  serve as a point of contact for the attorney
  general's office to increase communication between the regional
  office and the attorney general's office;
               (2)  provide assistance to the regional office in
  locating absent parents of children in the managing conservatorship
  of the department; and
               (3)  provide to the regional office information in the
  attorney general's child support database that will enable the
  regional office to locate absent parents of children in the
  managing conservatorship of the department.
         SECTION 11.  Sections 531.055(a), (b), and (e), Government
  Code, are amended to read as follows:
         (a)  The Health and Human Services Commission, the
  Department of Family and Protective Services, the Department of
  State Health Services, the Texas Education Agency [Each health and
  human services agency], the Texas Correctional Office on Offenders
  with Medical or Mental Impairments, the Texas Department of
  Criminal Justice, the Texas Department of Housing and Community
  Affairs, the Texas Workforce Commission, and the Texas Juvenile
  Justice Department shall enter into a joint memorandum of
  understanding to promote a system of local-level interagency
  staffing groups to identify and coordinate services for persons
  needing multiagency services.  The division within the Health and
  Human Services Commission that coordinates the policy and delivery
  of mental health services shall oversee the development and
  implementation of the joint memorandum of understanding.
         (b)  The memorandum must:
               (1)  clarify the statutory responsibilities of each
  agency in relation to persons needing multiagency services,
  including subcategories for different services such as:
                     (A)  [prevention,] family preservation and
  strengthening;
                     (B)  physical and behavioral health care;
                     (C)  prevention and early intervention services,
  including services designed to prevent:
                           (i)  child abuse;
                           (ii)  neglect; or
                           (iii)  delinquency, truancy, or school
  dropout;
                     (D)  diversion from juvenile or criminal justice
  involvement;
                     (E)  housing;
                     (F)  [,] aging in place;
                     (G)  [,] emergency shelter;
                     (H)  [, diagnosis and evaluation,] residential
  care;
                     (I)  [,] after-care;
                     (J)  [,] information and referral;[, medical
  care,] and
                     (K)  investigation services;
               (2)  include a functional definition of "persons
  needing multiagency services";
               (3)  outline membership, officers, and necessary
  standing committees of local-level interagency staffing groups;
               (4)  define procedures aimed at eliminating
  duplication of services relating to assessment and diagnosis,
  treatment, residential placement and care, and case management of
  persons needing multiagency services;
               (5)  define procedures for addressing disputes between
  the agencies that relate to the agencies' areas of service
  responsibilities;
               (6)  provide that each local-level interagency
  staffing group includes:
                     (A)  a local representative of each agency;
                     (B)  representatives of local private sector
  agencies; and
                     (C)  family members or caregivers of persons
  needing multiagency services or other current or previous consumers
  of multiagency services acting as general consumer advocates;
               (7)  provide that the local representative of each
  agency has authority to contribute agency resources to solving
  problems identified by the local-level interagency staffing group;
               (8)  provide that if a person's needs exceed the
  resources of an agency, the agency may, with the consent of the
  person's legal guardian, if applicable, submit a referral on behalf
  of the person to the local-level interagency staffing group for
  consideration;
               (9)  provide that a local-level interagency staffing
  group may be called together by a representative of any member
  agency;
               (10)  provide that an agency representative may be
  excused from attending a meeting if the staffing group determines
  that the age or needs of the person to be considered are clearly not
  within the agency's service responsibilities, provided that each
  agency representative is encouraged to attend all meetings to
  contribute to the collective ability of the staffing group to solve
  a person's need for multiagency services;
               (11)  define the relationship between state-level
  interagency staffing groups and local-level interagency staffing
  groups in a manner that defines, supports, and maintains local
  autonomy;
               (12)  provide that records that are used or developed
  by a local-level interagency staffing group or its members that
  relate to a particular person are confidential and may not be
  released to any other person or agency except as provided by this
  section or by other law; and
               (13)  provide a procedure that permits the agencies to
  share confidential information while preserving the confidential
  nature of the information.
         (e)  The agencies shall ensure that a state-level
  interagency staffing group provides:
               (1)  information and guidance to local-level
  interagency staffing groups regarding:
                     (A)  the availability of programs and resources in
  the community; and
                     (B)  best practices for addressing the needs of
  persons with complex needs; and
               (2)  a biennial report to the administrative head of
  each agency, the legislature, and the governor that includes:
                     (A) [(1)]  the number of persons served through
  the local-level interagency staffing groups and the outcomes of the
  services provided;
                     (B) [(2)]  a description of any barriers
  identified to the state's ability to provide effective services to
  persons needing multiagency services; and
                     (C) [(3)]  any other information relevant to
  improving the delivery of services to persons needing multiagency
  services.
         SECTION 12.  Section 552.117(a), Government Code, is amended
  to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if it is information that relates to the home
  address, home telephone number, emergency contact information, or
  social security number of the following person or that reveals
  whether the person has family members:
               (1)  a current or former official or employee of a
  governmental body, except as otherwise provided by Section 552.024;
               (2)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or a security officer commissioned under
  Section 51.212, Education Code, regardless of whether the officer
  complies with Section 552.024 or 552.1175, as applicable;
               (3)  a current or former employee of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department, regardless of
  whether the current or former employee complies with Section
  552.1175;
               (4)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or other law, a reserve law enforcement
  officer, a commissioned deputy game warden, or a corrections
  officer in a municipal, county, or state penal institution in this
  state who was killed in the line of duty, regardless of whether the
  deceased complied with Section 552.024 or 552.1175;
               (5)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code, regardless of whether the
  officer complies with Section 552.024 or 552.1175, as applicable;
               (6)  an officer or employee of a community supervision
  and corrections department established under Chapter 76 who
  performs a duty described by Section 76.004(b), regardless of
  whether the officer or employee complies with Section 552.024 or
  552.1175;
               (7)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement, regardless of whether
  the current or former employee complies with Section 552.024 or
  552.1175;
               (8)  a current or former employee of the Texas Juvenile
  Justice Department or of the predecessors in function of the
  department, regardless of whether the current or former employee
  complies with Section 552.024 or 552.1175;
               (9)  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code, regardless of whether the
  current or former officer complies with Section 552.024 or
  552.1175;
               (10)  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code, regardless of whether the current or former
  employee complies with Section 552.024 or 552.1175; [or]
               (11)  a current or former member of the Texas military
  forces, as that term is defined by Section 437.001; or
               (12)  a current or former employee of the Department of
  Family and Protective Services, regardless of whether the employee
  complies with Section 552.024 or 552.1175, or a current or former
  employee of a department contractor performing services for the
  contractor on behalf of the department.
         SECTION 13.  The heading to Section 552.1175, Government
  Code, is amended to read as follows:
         Sec. 552.1175.  EXCEPTION: CONFIDENTIALITY OF CERTAIN
  PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
  OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
  JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR
  JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND STATE
  JUDGES].
         SECTION 14.  Section 552.1175(a), Government Code, is
  amended to read as follows:
         (a)  This section applies only to:
               (1)  peace officers as defined by Article 2.12, Code of
  Criminal Procedure;
               (2)  county jailers as defined by Section 1701.001,
  Occupations Code;
               (3)  current or former employees of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department;
               (4)  commissioned security officers as defined by
  Section 1702.002, Occupations Code;
               (5)  employees of a district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters;
               (6)  officers and employees of a community supervision
  and corrections department established under Chapter 76 who perform
  a duty described by Section 76.004(b);
               (7)  criminal investigators of the United States as
  described by Article 2.122(a), Code of Criminal Procedure;
               (8)  police officers and inspectors of the United
  States Federal Protective Service;
               (9)  current and former employees of the office of the
  attorney general who are or were assigned to a division of that
  office the duties of which involve law enforcement;
               (10)  current or former juvenile probation and
  detention officers certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code;
               (11)  current or former employees of a juvenile justice
  program or facility, as those terms are defined by Section 261.405,
  Family Code;
               (12)  current or former employees of the Texas Juvenile
  Justice Department or the predecessors in function of the
  department; [and]
               (13)  federal judges and state judges as defined by
  Section 13.0021, Election Code; and
               (14)  a current or former employee of the Department of
  Family and Protective Services or a current or former employee of a
  department contractor performing services for the contractor on
  behalf of the department.
         SECTION 15.  Subchapter B, Chapter 40, Human Resources Code,
  is amended by adding Sections 40.0327, 40.0328, and 40.036 to read
  as follows:
         Sec. 40.0327.  NONPROFIT AGENCY SERVICES COORDINATOR. The
  department shall designate an office as the nonprofit agency
  services coordinator to serve as a liaison between the department
  and nonprofit agencies that provide adoption services and
  assistance to families in crisis and children in care.
         Sec. 40.0328.  CASEWORKER CASELOAD MANAGEMENT SYSTEM. (a)  
  The department shall manage the duties of caseworkers to maintain
  the safety of children in child protective services by establishing
  a caseload management system that:
               (1)  assesses the current and potential risk of harm
  from abuse or neglect to each child in the department's care;
               (2)  determines the appropriate number of cases to be
  assigned to a caseworker based on the risk assessment described by
  Subdivision (1) for the children assigned to the caseworker; and
               (3)  limits the number of children with a higher risk
  assessment that may be assigned to any one caseworker.
         (b)  The department shall:
               (1)  make risk assessment guidelines available to the
  public and accessible on the department's Internet website; and
               (2)  disclose the results of the assessment for a child
  to the court and each party to the case before the date the full
  adversary hearing is held under Section 262.201, Family Code.
         (c)  Information relating to the assessment performed under
  this section is inadmissible as evidence in a court.
         Sec. 40.036.  TRAUMA-BASED CARE TRAINING REQUIREMENT FOR
  CASEWORKERS. The department shall ensure that each child
  protective services caseworker who interacts with children on a
  daily basis receives evidence-based training in trauma-based care.
         SECTION 16.  Subchapter C, Chapter 40, Human Resources Code,
  is amended by adding Section 40.0523 to read as follows:
         Sec. 40.0523.  RESOURCES FOR CHILD PROTECTIVE SERVICES
  CASES. The department shall collaborate with the Office of Court
  Administration of the Texas Judicial System, the Supreme Court of
  Texas Children's Commission, and any other appropriate interested
  parties to compile and publish on the department's Internet website
  resources, including links to other websites, for judges,
  attorneys, and other persons involved in the child welfare system
  to support consistent practices statewide.
         SECTION 17.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0533 to read as follows:
         Sec. 42.0533.  EMERGENCY PLACEMENT. The department, in
  consultation with affected providers and other interested parties,
  shall evaluate the need for and develop any necessary protocols and
  any associated best practice standards for the temporary placement
  of a child for not more than 30 days in a foster home, foster group
  home, agency foster home, agency foster group home, or cottage home
  to allow the child to remain in the child's community while the
  department secures a safe and suitable long-term placement for the
  child.
         SECTION 18.  Section 25.025(a), Tax Code, is amended to read
  as follows:
         (a)  This section applies only to:
               (1)  a current or former peace officer as defined by
  Article 2.12, Code of Criminal Procedure;
               (2)  a county jailer as defined by Section 1701.001,
  Occupations Code;
               (3)  an employee of the Texas Department of Criminal
  Justice;
               (4)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code;
               (5)  a victim of family violence as defined by Section
  71.004, Family Code, if as a result of the act of family violence
  against the victim, the actor is convicted of a felony or a Class A
  misdemeanor;
               (6)  a federal judge, a state judge, or the spouse of a
  federal judge or state judge;
               (7)  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters;
               (8)  an officer or employee of a community supervision
  and corrections department established under Chapter 76,
  Government Code, who performs a duty described by Section 76.004(b)
  of that code;
               (9)  a criminal investigator of the United States as
  described by Article 2.122(a), Code of Criminal Procedure;
               (10)  a police officer or inspector of the United
  States Federal Protective Service;
               (11)  a current or former United States attorney or
  assistant United States attorney and the spouse and child of the
  attorney;
               (12)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement;
               (13)  a medical examiner or person who performs
  forensic analysis or testing who is employed by this state or one or
  more political subdivisions of this state;
               (14)  a current or former member of the United States
  armed forces who has served in an area that the president of the
  United States by executive order designates for purposes of 26
  U.S.C. Section 112 as an area in which armed forces of the United
  States are or have engaged in combat;
               (15)  a current or former employee of the Texas
  Juvenile Justice Department or of the predecessors in function of
  the department;
               (16)  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code; [and]
               (17)  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code; and
               (18)  a current or former employee of the Department of
  Family and Protective Services or a current or former employee of a
  department contractor performing services for the contractor on
  behalf of the department.
         SECTION 19.  Not later than December 1, 2017, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to implement Section 261.3017, Family
  Code, as added by this Act.
         SECTION 20.  As soon as practicable after the effective date
  of this Act:
               (1)  the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Sections 262.1041 and 262.1042, Family Code, as added by this Act;
  and
               (2)  the Department of Family and Protective Services
  shall implement the voluntary temporary caregiver program as
  required by Sections 262.1041 and 262.1042, Family Code, as added
  by this Act.
         SECTION 21.  The Department of Family and Protective
  Services may not implement the voluntary temporary caregiver
  program created under Section 262.1041, Family Code, as added by
  this Act, until the rules necessary to implement the program have
  been adopted.
         SECTION 22.  As soon as practicable after the effective date
  of this Act, the governor shall adopt rules for the implementation
  and administration of the innovation grant program established
  under Section 264.2042, Family Code, as added by this Act, and begin
  to award grants under the program.
         SECTION 23.  (a)  The changes in law made by this Act apply to
  a suit affecting the parent-child relationship filed on or after
  the effective date of this Act. A suit affecting the parent-child
  relationship filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         (b)  Section 264.1076, Family Code, as added by this Act,
  applies only to a child who enters the conservatorship of the
  Department of Family and Protective Services on or after the
  effective date of this Act.  A child who enters the conservatorship
  of the Department of Family and Protective Services before the
  effective date of this Act is governed by the law in effect on the
  date the child entered the conservatorship of the department, and
  the former law is continued in effect for that purpose.
         (c)  The Department of Family and Protective Services shall
  implement Section 264.1076, Family Code, as added by this Act, not
  later than December 31, 2018.
         (d)  As soon as practicable after the effective date of this
  Act, but not later than December 1, 2017, the Health and Human
  Services Commission, the Department of Family and Protective
  Services, the Department of State Health Services, the Texas
  Education Agency, the Texas Correctional Office on Offenders with
  Medical or Mental Impairments, the Texas Department of Criminal
  Justice, the Texas Department of Housing and Community Affairs, the
  Texas Workforce Commission, and the Texas Juvenile Justice
  Department shall update the joint memorandum of understanding
  required under Section 531.055, Government Code, as amended by this
  Act.
         (e)  The changes in law made by this Act to Sections 552.117
  and 552.1175, Government Code, and Section 25.025, Tax Code, apply
  only to a request for information that is received by a governmental
  body or an officer on or after the effective date of this Act. A
  request for information that was received before the effective date
  of this Act is governed by the law in effect on the date the request
  was received, and the former law is continued in effect for that
  purpose.
         (f)  As soon as practicable after the effective date of this
  Act, the Department of Family and Protective Services shall
  establish and implement the caseload management system as required
  under Section 40.0328, Human Resources Code, as added by this Act.
         SECTION 24.  This Act takes effect September 1, 2017.
feedback