Bill Text: TX SB190 | 2017-2018 | 85th Legislature | Enrolled

Texas Senate Bill 190 (Prior Session Legislation)

Bill Title: Relating to the administrative closure of certain reported cases of child abuse or neglect made to the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-06-09 - Effective immediately [SB190 Detail]

Download: Texas-2017-SB190-Enrolled.html



	S.B. No. 190




	AN ACT
	relating to the administrative closure of certain reported cases of
	child abuse or neglect made to the Department of Family and
	Protective Services.
	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;
	(3) 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; and
	(4) 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:
	(1) the supervisor determines that:
	(A) the circumstances described by Subsections
	(a)(1)-(4) exist; and
	(B) closing the case would not expose the child
	to an undue risk of harm; and
	(2) the department director grants approval for the
	administrative closure of the case.
	(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. 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 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 190 passed the Senate on
	April 20, 2017, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 25, 2017, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 190 passed the House, with
	amendment, on May 19, 2017, by the following vote: Yeas 143,
	Nays 0, one present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor