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

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

Sponsorship: Slight Partisan Bill (Democrat 6-3)

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

Download: Texas-2017-HB39-Engrossed.html

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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.