Bill Text: TX SB218 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB218 Detail]
Download: Texas-2011-SB218-Introduced.html
Bill Title: Relating to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB218 Detail]
Download: Texas-2011-SB218-Introduced.html
82R2234 MCK-F | ||
By: Nelson | S.B. No. 218 |
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relating to procedures in certain suits affecting the parent-child | ||
relationship and the operation of the child protective services and | ||
foster care systems. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 153.0071(e-1), Family Code, is amended | ||
to read as follows: | ||
(e-1) Notwithstanding Subsections (d) and (e), a court may | ||
decline to enter a judgment on a mediated settlement agreement if | ||
the court finds that: | ||
(1) a party to the agreement was a victim of family | ||
violence, and that circumstance impaired the party's ability to | ||
make decisions; or [ |
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(2) the agreement is not in the child's best interest. | ||
SECTION 2. Subchapter D, Chapter 261, Family Code, is | ||
amended by adding Section 261.3013 to read as follows: | ||
Sec. 261.3013. CASE CLOSURE AGREEMENTS PROHIBITED. (a) | ||
Except as provided by Subsection (b), on closing a case, the | ||
department may not enter into a written agreement with a child's | ||
parent or another adult with whom the child resides that requires | ||
the parent or other adult to take certain actions after the case is | ||
closed to ensure the child's safety. | ||
(b) This section does not apply to an agreement that is: | ||
(1) entered into following the removal of a child; and | ||
(2) subject to the approval of a court with continuing | ||
jurisdiction over the child. | ||
SECTION 3. Subchapter A, Chapter 262, Family Code, is | ||
amended by adding Section 262.010 to read as follows: | ||
Sec. 262.010. POSITIVE TEST FOR SEXUALLY TRANSMITTED | ||
DISEASE. (a) If, during an investigation by the Department of | ||
Family and Protective Services, a child younger than 11 years of age | ||
tests positive for a sexually transmitted disease, the department | ||
shall file an original suit requesting an emergency order under | ||
this chapter for possession of the child unless the department | ||
determines: | ||
(1) based on medical evidence, that a finding of | ||
sexual abuse of the child is not supported; or | ||
(2) after interviewing the child, that the perpetrator | ||
of the abuse was not a parent of the child or another adult living in | ||
the same home as the child. | ||
(b) In a suit filed under Subsection (a), the court shall | ||
order the parents of the child, each adult living in the same home | ||
as the child, and any caregiver who is an alleged perpetrator of | ||
sexual abuse of the child to undergo medically appropriate | ||
diagnostic testing for sexually transmitted diseases. If a parent | ||
or an adult living in the same home as the child refuses to submit to | ||
the court-ordered testing, the court shall render an appropriate | ||
order naming the department as managing conservator of the child | ||
and making any other order the court determines necessary to | ||
protect the child. | ||
SECTION 4. Section 262.1015, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), if the Department of | ||
Family and Protective Services determines that a protective order | ||
issued under Title 4 provides a reasonable alternative to obtaining | ||
an order under that subsection, the department may: | ||
(1) file an application for a protective order on | ||
behalf of the child instead of or in addition to obtaining a | ||
temporary restraining order under this section; or | ||
(2) assist a parent or other adult with whom a child | ||
resides in obtaining a protective order. | ||
SECTION 5. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.1062 to read as follows: | ||
Sec. 264.1062. PUBLISHING PERFORMANCE DATA FOR PERSONS WHO | ||
PROVIDE SUBSTITUTE CARE SERVICES. The department shall publish on | ||
the department's Internet website performance data for each person | ||
providing substitute care services under a contract with the | ||
department. | ||
SECTION 6. Section 264.118(a), Family Code, is amended to | ||
read as follows: | ||
(a) The department shall collect and report service and | ||
outcome information for certain current and former foster care | ||
youth for use in the National Youth in Transition Database as | ||
required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80 | ||
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SECTION 7. Section 40.036, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 40.036. ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES | ||
CASEWORKERS. To improve the quality and consistency of training | ||
provided to child protective services caseworkers, the department | ||
shall: | ||
(1) augment classroom-based training with a blended | ||
learning environment using computer-based modules, structured | ||
field experience, and simulation for skills development; | ||
(2) use a core curriculum for all new department | ||
caseworkers and specialized training for specific jobs; | ||
(3) require that department caseworkers transferring | ||
from one specialty to another must complete the core curriculum and | ||
advanced training for the new specialty before assuming their new | ||
responsibilities; [ |
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(4) centralize accountability and oversight of all | ||
department training in order to ensure statewide consistency; and | ||
(5) require department caseworkers to receive | ||
training relating to the benefits of using a protective order under | ||
Title 4, Family Code, to protect a child as an alternative to | ||
removing the child from the child's home. | ||
SECTION 8. Subchapter I, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.1811 to read as follows: | ||
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CARE YOUTH. A | ||
person is exempt from the payment of any fee for the issuance of a | ||
driver's license, as provided under this chapter, if that person | ||
is: | ||
(1) younger than 18 years of age and in the managing | ||
conservatorship of the Department of Family and Protective | ||
Services; or | ||
(2) at least 18 years of age, but younger than 21 years | ||
of age, and resides in a foster care placement, the cost of which is | ||
paid by the Department of Family and Protective Services. | ||
SECTION 9. (a) The Department of Family and Protective | ||
Services shall implement a redesign of the foster care system, in | ||
accordance with the recommendations contained in the department's | ||
December 2010 Foster Care Redesign report submitted to the | ||
legislature. | ||
(b) The goal of the foster care system redesign is to | ||
improve outcomes for children and families by ensuring that: | ||
(1) a child is placed in the child's home community so | ||
that the child is able to maintain personal connections and | ||
educational continuity; | ||
(2) a child is placed in the least restrictive setting | ||
that meets the child's needs; | ||
(3) a child is served by a provider who will ensure the | ||
full continuum of care in a designated geographic area, supporting | ||
minimal placement moves and decreased placement disruptions; | ||
(4) a child is placed with the child's siblings | ||
whenever safe and appropriate; | ||
(5) a child's culture will be respected; | ||
(6) a child is provided opportunities, experiences, | ||
and activities similar to those experienced by children who are not | ||
in foster care; and | ||
(7) a child is provided opportunities to participate | ||
in decisions that impact the child's life. | ||
(c) The Health and Human Services Commission may use payment | ||
rates for foster care under the redesigned system that are | ||
different from those used on the effective date of this Act for | ||
24-hour residential child care. Payment rates for foster care | ||
under the redesigned system must be based on performance targets | ||
and may include incentive payments for superior performance, as | ||
well as funding for additional services provided to families not | ||
historically included in 24-hour residential child-care rates. | ||
Payment rates under foster care redesign may not result in total | ||
expenditures for any fiscal year that exceed the amounts | ||
appropriated for fiscal year 2012 by the 82nd Legislature for | ||
foster care and other purchased services, except to the extent that | ||
any increase in total expenditures is the direct result of caseload | ||
growth. | ||
(d) The Department of Family and Protective Services may | ||
phase in the implementation of the foster care redesign over a | ||
reasonable time, during which the department may continue to | ||
reimburse some foster care providers under the 24-hour residential | ||
child-care rates in effect on the effective date of this Act, while | ||
using alternative payment rates for other foster care providers | ||
during the phase-in period for implementation of the foster care | ||
redesign. | ||
(e) Not later than December 1, 2012, the Department of | ||
Family and Protective Services shall submit a status report on the | ||
implementation of this section to the Senate Finance Committee, the | ||
Senate Committee on Health and Human Services, the House Committee | ||
on Appropriations, the House Human Services Committee, the | ||
Legislative Budget Board, and the governor. The report must | ||
include the department's findings and any recommendations for | ||
improvements to the system. | ||
SECTION 10. This Act takes effect September 1, 2011. |