BILL ANALYSIS

C.S.S.B. 1079

By: Campbell

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

A United States district judge has held state officials in contempt of court for not making enough progress on court orders regarding the child welfare system, including those involving timely investigations of abuse and neglect in foster homes. The Department of Family and Protective Services (DFPS) now publishes yearly data reports that give local communities and providers timely access to information regarding child welfare services. Frequently updated and easily accessible information helps community providers offer relevant support to keep foster and biological families safely together and end the cycle of neglect and abuse. C.S.S.B. 1079 seeks to provide additional reporting that is more timely by requiring DFPS to publish monthly reports of certain DFPS activity with respect to statewide intake, child protective investigations, family‑based safety services, conservatorship services, residential child-care licensing, and parental child safety placement agreements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 1079 amends the Family Code to require the Department of Family and Protective Services (DFPS), in addition to the other required reports relating to key performance measures and data elements for child protection, to publish a monthly report containing specified statistical information for the preceding month with respect to the following:

· statewide intake of reports and calls relating to child abuse, neglect, or exploitation;

· child protective investigations;

· family-based safety services;

· conservatorship services;

· residential child-care licensing; and

· parental child safety placement agreements.

DFPS must provide the report to the legislature and publish the report and make it available electronically to the public not later than the 30th day after the end of the month for which the report is made. The bill authorizes DFPS to contract with a third party to assist with collecting, analyzing, and reporting the required data. The third party must be a Texas-based university, be independent of DFPS, and have demonstrated expertise in statistical, financial, actuarial, logistical, and operational analysis.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 1079 may differ from the engrossed in minor or nonsubstantive ways, the following summarizes the substantial differences between the engrossed and committee substitute versions of the bill.

The substitute does not require the following information, which the engrossed required, in the monthly report with respect to staffing in statewide intake, residential child-care investigations, child protective investigations, family-based safety services, and conservatorship services:

· the percentage of caseworker turnover;

· the total number of caseworkers hired;

· the total number of caseworkers terminated;

· the average vacancy rate for caseworker positions; and

· the average daily caseloads for caseworkers.

The substitute includes a requirement, which was not included in the engrossed, for the monthly report to include specified information with respect to parental child safety placement agreements.

The substitute includes eligibility requirements, which were not included in the engrossed, for the third party with which DFPS may contract for the report.