BILL ANALYSIS H.B. 1210 By: McDonald 3-23-95 Committee Report (Amended) BACKGROUND In 1989, the 71st Legislature passed H.C.R. 216 which directed the Children and Youth Services Coordinating Committee of the Texas Health & Human Services Coordinating Council (HHSCC) to devise, implement, and coordinate a schedule and minimum standards for the periodic review of internal formal evaluations of child abuse prevention, protection and treatment programs by all agencies conducting such programs. They recruited a voluntary work group to study the need for standardized evaluation and recommend further action. The group called itself the Child Abuse Program Evaluation Group (CAPEG) and met for two years. In 1991, when the HHSCC was dissolved, CAPEG recommended to the 72nd Legislature that a statute be enacted to formalize CAPEG and establish it within the office of the Governor. As a result, H.B. 897 passed and CAPEG was appointed by the Governor as a task force. In 1994, CAPEG was invited to become an executive council in the office of the Executive Director of the Department of Protective & Regulatory Services (DPRS). The invitation was accepted and CAPEG now serves as an adjunct to DPRS, the primary agency serving children who are abused or neglected. PURPOSE H.B. 1210 would redesignate Chapter 772.007 of the Government Code as a new Subchapter E of Chapter 34 in the Family Code, and would place the Child Abuse Program Evaluation Group more appropriately within the Dept. of Protective & Regulatory Services. RULEMAKING AUTHORITY It is the committee's opinion that H.B. 1210 grants no additional rulemaking authority to the Dept. of Protective & Regulatory Services, or to any other state agency, department, institution, or officer. SECTION BY SECTION ANALYSIS SECTION 1: Amends Chapter 34, Family Code, by adding new Subchapter E as follows: SUBCHAPTER E: CHILD ABUSE PROGRAM EVALUATION. Sec. 34.70l: Reflects addition of new section in Chapter 34, Family Code, Child Abuse Program Evaluation Committee. (a) Removes the committee from the Governor's office to the Department of Protective and Regulatory Services. (b) Directs the board of DPRS to appoint the 15 members of the committee; designates categories of membership and updates agency names and positions. (c) Clarifies appointee terms, with expiration date moved from February 1 to September 1. (d) Provides for reimbursement of travel expenses and per diem for the 3 public members. (e) through (f) no change. (g)(2) Technical amendment, changing "section" to "subchapter" to conform with new Family Code placement. (3) Adds new subsection (3) requring the committee to develop and adopt standard models and guidelines for the prevention and treatment of child abuse for implementation and administration of the evaluation system under this subchapter. (4) and (5) no change. (6) Technical amendment, changing "section" to "subchapter". (7) Changes the designated recipient of the annual report from the Governor's Interagency Council on Health and Human Services to the Board of Protective & Regulatory Services to conform with move to DPRS. (h) and (i) Technical amendment, changing "section" to "subchapter". SECTION 2: Transitional provisions. (a) Directs the board of DPRS to make its appointments to the Child Abuse Program Evaluation Committee as required by Section 1 of this Act by January 1, 1996. Allows public members to serve out remainder of appointed terms, according to provisions (b)-(d) below. (b) Term of office that was to expire on February 1, 1997 would expire on Sept. 1, 1996. (c) Term of office that was to expire on February 1, 1999 would expire on Sept. 1, 1998. (d) Term of office that was to expire on February 1, 2001 would expire on Sept. 1, 2000. SECTION 3: Effective date, September 1, 1995. SECTION 4: Emergency clause. EXPLANATION OF AMENDMENTS Responding to testimony provided by a witness at the public hearing, Rep. McDonald drafted an amendment to H.B. 1210, changing the composition of the Child Abuse Program Evaluation Committee. When appointing the three public members of the committee, the Board of Protective & Regulatory Services should give consideration to selecting an adult who received services as a child as well as a custodial and noncustodial parent of a child who is or was receiving services. SUMMARY OF COMMITTEE ACTION While convened in a public hearing, the House Human Services Committee on March 20, 1995, the Chairman laid out H.B. 1210 and recognized Rep. McDonald to explain the bill. The following witnesses testified for the bill: Marion Coleman, Child Abuse Program Evaluation Committee, Austin, Ronald Forster, Mens/Fathers Hotline, Austin. No one testified against or neutral on H.B. 1210 and the bill as left pending. In a formal meeting on March 23, 1995, the committee considered H.B. 1210 which had been pending. Committee Amendment No. 1 was offered by Rep. Wohlgemuth. Hearing no objection, the amendment was adopted. Rep. Wohlgemuth moved passage of H.B. 1210 favorably as amended; the motion prevailed by a record vote of 7 ayes, 0 noes, 0 present not voting and 2 absent.