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. |
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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 [ |
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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 [ |
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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) [ |
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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) [ |
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(G) [ |
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(H) [ |
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care; | ||
(I) [ |
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(J) [ |
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(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) [ |
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the local-level interagency staffing groups and the outcomes of the | ||
services provided; | ||
(B) [ |
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identified to the state's ability to provide effective services to | ||
persons needing multiagency services; and | ||
(C) [ |
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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; [ |
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(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 [ |
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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; [ |
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(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; [ |
||
(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. |