BILL ANALYSIS

C.S.H.B. 4956

By: Shaheen

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Data in the child protection system is typically updated annually. Due to a budget directive adopted in the 2022-2023 budget, the Department of Family and Protective Services (DFPS) has been publishing some child abuse metrics monthly, such as the number of reports to the abuse and neglect hotline, the number of families being served with family preservation services, and the number of removals.

Additionally, there are issues receiving data through public information requests. This process can be slow, often the information provided is not what was requested, and members of the public are asked to pay high fees to receive information DFPS already collects.  

DFPS is charged with the important task of promoting safe and healthy families and protecting children from abuse and neglect. With the shift of responsibilities falling more and more on providers in the community, it is critical to ensure that there is access to the most relevant data so that the public, legislators, and stakeholders can have a pulse on what is going well, what needs improvement, and what the needs of children and families are in real-time to respond appropriately and effectively. With all the pressures on the child protection system to change, data is essential to increase the transparency, accountability, and effectiveness of CPS. 

C.S.H.B. 4956 seeks to update and codify existing rider language to ensure that important data sets continue to be made publicly available in a more timely manner. 

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.H.B. 4956 amends the Family Code to require the Department of Family and Protective Services (DFPS), in addition to other reports required from DFPS regarding child welfare services, to publish a monthly report containing the following information for the preceding month:

· with respect to statewide intake:

o the number of child abuse, neglect, or exploitation reports received sorted by the source of the report;

o the number of child abuse, neglect, or exploitation reports that met the statutory definition of child abuse, neglect, or exploitation that were referred for investigation sorted by the type of allegation and the number of reports that were confirmed as abuse, neglect, or exploitation after an investigation;

o the average time to process an electronic report of child abuse, neglect, or exploitation;

o the average hold time for calls to DFPS's abuse hotline;

o information regarding calls to DFPS's abuse hotline that were placed by a parent, including:

§ the number of calls;

§ the person or division in DFPS to which each call was routed; and

§ the number of calls classified by DFPS as an information and referral report; and

o the percentage of calls to DFPS's abuse hotline that were abandoned before the caller spoke with a person;

· with respect to child protective investigations:

o the total number of cases opened;

o the total number of cases completed and closed sorted by the manner in which the case was closed;

o the average number of days to close a case that is assigned an investigation;

o the total number of cases opened at residential child-care facilities;

o the total number of cases classified as alternative response cases by DFPS;

o the total number of alternative response cases that are later opened for a traditional investigation;

o the average number of days to close a case that is classified as an alternative response case by DFPS;

o the total percentage of cases assigned the highest and second highest priorities the investigations of which were started within the time required by investigation of report provisions;

o the total number of cases for which the determination was changed after an administrative review within 12 months of the date of the determination;

o the percentage of alleged victims in investigations that were closed without providing services for which, within 12 months of the date the case was closed, DFPS confirmed another allegation of abuse, neglect, or exploitation against the child or opened another stage for services; and

o the total number of children removed from their home sorted by the reason for removal or allegation type;

· with respect to family-based safety services:

o the total number of cases opened, sorted by cases in which the parent is receiving services from DFPS voluntarily or under a court order;

o the total number of cases closed;

o the average number of days to close a case;

o the percentage of cases in which a child was eventually removed from the child's home; and

o the percentage of cases which were closed without providing further services for which, within 12 months of the date the case was closed, DFPS confirmed another allegation of abuse, neglect, or exploitation against the child or opened another stage for services;

· with respect to conservatorship services:

o the total number of children removed from their home;

o the total number of children who exited from DFPS managing conservatorship sorted by the manner in which the child exited;

o the average number of months a child remained in DFPS managing conservatorship;

o the average number of placements a child has while in DFPS managing conservatorship;

o the percentage of sibling groups placed with the same foster family;

o the percentage of youth who have aged out of foster care and completed the Preparation for Adult Living program;

o the percentage of youth who exited from DFPS managing conservatorship to a permanent placement;

o the percentage of children who are adopted within 12 months of the date their parent's parental rights were terminated;

o the percentage of children in DFPS managing conservatorship for longer than two years who achieve permanency;

o the percentage of children who are returned to their parents and for whom, within 12 months of the date the case was closed, DFPS confirmed another allegation of abuse, neglect, or exploitation against the child or opened another stage for services;

o the percentage of children in DFPS managing conservatorship who are placed with a relative caregiver;

o the percentage of children in foster care placed in each county in Texas; and

o the performance and outcomes of community-based care sorted by catchment area;

· with respect to residential child-care licensing, the number of validated allegations of child abuse, neglect, or exploitation in child-care facilities; and

· with respect to parental child safety placement agreements (PCSPs):

o the number of children placed under a PCSP;

o the average duration of a placement under a PCSP;

o the average duration of a placement under a PCSP during an investigation; and

o the percentage of children removed from a placement under a PCSP and placed in DFPS managing conservatorship.

C.S.H.B. 4956 requires DFPS to provide the report to the legislature and publish and make the report 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 DFPS with collecting, analyzing, and reporting the data required for the report. The bill requires the third party to be a Texas-based university that is independent of DFPS and has demonstrated expertise in statistical, financial, actuarial, logistical, and operational analysis.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 4956 differs from the introduced only to make a technical correction and to include a Texas Legislative Council draft number in the footer.