By: Vowell H.B. No. 1509
73R3890 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abuse and neglect investigations in certain state
1-3 agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 34.22(b) and (c), Family Code, are
1-6 amended to read as follows:
1-7 (b) Each state agency shall notify the Department of
1-8 Protective and Regulatory Services <Office of Youth Care
1-9 Investigations> of each report of abuse or neglect it receives
1-10 under this subchapter relating to abuse or neglect in a facility
1-11 operated by the agency according to rules adopted by the
1-12 department.
1-13 (c) Each state agency shall adopt rules relating to the
1-14 investigation and resolution of reports received under this
1-15 subchapter. The Health and Human Services Commission <Office of
1-16 Youth Care Investigations> shall review and approve such rules to
1-17 ensure that all agencies implement appropriate standards for the
1-18 conduct of investigations and that uniformity exists among agencies
1-19 in the investigation and resolution of reports.
1-20 SECTION 2. Section 34.23, Family Code, is amended by
1-21 amending Subsection (b) and adding Subsection (d) to read as
1-22 follows:
1-23 (b) If the investigation relates to a report of abuse or
1-24 neglect in a facility operated by a state agency, the agency shall
2-1 submit a copy of the report to the Department of Protective and
2-2 Regulatory Services <Office of Youth Care Investigations>.
2-3 (d) A state agency that licenses, certifies, or registers a
2-4 facility in which children are located shall compile, maintain, and
2-5 make available statistics on the incidence of child abuse and
2-6 neglect in a facility the agency licenses, regulates, or certifies.
2-7 The Department of Protective and Regulatory Services shall compile,
2-8 maintain, and make available statistics on the incidence of child
2-9 abuse and neglect in a facility operated by a state agency.
2-10 SECTION 3. Section 34.24, Family Code, is amended to read as
2-11 follows:
2-12 Sec. 34.24. COMPLAINTS. (a) If a state agency receives a
2-13 complaint relating to an investigation conducted by the agency
2-14 concerning a facility operated by that agency in which children are
2-15 located, the agency shall refer the complaint to its board <the
2-16 Office of Youth Care Investigations>.
2-17 (b) The board of a state agency that operates a facility in
2-18 which children are located shall ensure that the procedure for
2-19 investigating abuse and neglect allegations and inquiries in the
2-20 agency's facility is periodically reviewed under the agency's
2-21 internal audit program required by the Texas Internal Auditing Act
2-22 (Article 6252-5d, Vernon's Texas Civil Statutes).
2-23 SECTION 4. (a) The Office of Youth Care Investigations
2-24 established by Subchapter B, Chapter 34, Family Code, is abolished.
2-25 (b) Sections 34.21 and 34.25, Family Code, are repealed.
2-26 SECTION 5. (a) On September 1, 1993, all functions,
2-27 programs, activities, funds, obligations, contracts, property, and
3-1 records related to the Office of Youth Care Investigations are
3-2 transferred to the Department of Protective and Regulatory
3-3 Services.
3-4 (b) A rule or form adopted by the Office of Youth Care
3-5 Investigations that relates to a function, program, or activity
3-6 transferred by this Act to the Department of Protective and
3-7 Regulatory Services is a rule or form of the Department of
3-8 Protective and Regulatory Services and remains in effect until
3-9 altered by the department.
3-10 SECTION 6. A reference in Chapter 34, Family Code, to the
3-11 Texas Department of Human Services is a reference to the Department
3-12 of Protective and Regulatory Services.
3-13 SECTION 7. This Act takes effect September 1, 1993.
3-14 SECTION 8. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.