BILL ANALYSIS HUMAN SERVICES S.B. 359 By: Brown (Gray) 05-06-97 Committee Report (Substituted) BACKGROUND The Department of Protective and Regulatory Services (DPRS) was created in 1991 by the 72nd Legislature as part of the House Bill 7 restructure of the state's health and human services system. DPRS's primary role is to protect children, the elderly, and persons with disabilities from abuse and neglect. DPRS receives reports of mistreatment, investigates those reports that meet the statutory definitions of abuse or neglect, and provides social services to the victim and family. DPRS also sets minimum standards for and regulates child care providers, which include both day care providers and 24-hour care providers, and regulates maternity homes. DPRS is governed by a six-member Board. To carry out its functions and programs, DPRS had a budget of $523,633,585 and 6,598 employees in fiscal year 1996. DPRS is subject to the Sunset Act and will be abolished September 1, 1997 unless continued by the Legislature. As a result of its review of DPRS, the Sunset Advisory Commission recommended continuation as well as several statutory modifications contained in this legislation. PURPOSE The purpose of this bill is to continue DPRS for a 12-year period and make statutory modifications recommended by the Sunset Advisory Commission. The bill proposes the following modifications: _separates investigations from service delivery where possible within the department to increase protection of and services to victims of abuse and neglect; _authorizes DPRS to establish a flexible response system that provides for a full investigation of reports of serious abuse or neglect but allows for less serious reports to be addressed through family assessment and intervention services; _removes obstacles to allow quicker permanent placement for children in DPRS conservatorship by setting a 12-month deadline for DPRS to seek termination or parental rights or return a child to the family; _improves the adoption process through better coordination of adoptions and increased use of private adoption agencies; _improves contract management by requiring every contract for the purchase of client services to include clearly defined goals, measurable outcomes, and sanctions or penalties for noncompliance; _improves investigations of abuse, neglect, and exploitation in MHMR facilities and community centers by allowing DPRS to prioritize investigations and by requiring DPRS and MHMR to develop a common system of tracking cases; _provide for other changes as recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Board of Protective and Regulatory Services in the following sections: SECTIONS 57 and 60 (Sections 261.3015(a) and 261.315(c), Family Code), and SECTION 83(b); to the Department of Protective and Regulatory Services in SECTIONS 18, 19, 24, 26, 30, 49 and 50 (Sections 42.042(e) and (l), 42.0425(a) and (b), 42.0461(a), 42.057(c), 42.072(d), 48.037(c) and 48.081(e) and (h), Human Resources Code); to the Health and Human Services Commission in SECTIONS 79 and 87 (Section 531.047, Government Code); to the Texas Department of Mental Health and Mental Retardation in SECTION 50 (Section 48.081(e), Human Resources Code); and to the Texas Supreme Court in SECTION 91 of this bill. In addition, under the general rulemaking authority already granted to the policymaking body, rules may be developed to implement other new provisions found in this bill. SECTION BY SECTION ANALYSIS SECTION 1.Amends Section 40.003, Human Resources Code. Updates the Department of Protective and Regulatory Service's Sunset date to September 1, 2009. SECTION 2.Amends Subchapter A, Chapter 40, Human Resources Code by amending Sec. 40.004(a)-(b) and adding Sec. 40.0041(a)-(f). Sec. 40.004.(a)-(b)Makes conforming changes; deletes duplicative language. (c)-(e)These sections are deleted. Sec. 40.0041.(a)-(f)Requires DPRS to develop and implement a uniform complaint process statewide. Adds standard language developed by the Sunset Commission regarding complaints; specifies procedures for receiving and responding to complaints. Requires the executive director to develop a uniform appeals process to be implemented statewide; excludes the ombudsman's office from the appeals process. Requires DPRS to develop and maintain a centralized tracking system for complaints and to prepare reports for the board and the executive director on the complaints. SECTION 3.Amends Subchapter A, chapter 40, Human Resources Code, by adding Sec. 40.008. Adds standard language developed by the Sunset Commission. Requires DPRS to comply with state and federal program and facility accessibility laws and to develop a plan that describes how non-English speaking persons can be provided reasonable access to the department's programs. SECTION 4.Amends Section 40.021(a). Updates standard language developed by the Sunset Commission requiring the governor to designate the presiding officer of the board. SECTION 5.Amends Section 40.022(a)-(b). Makes technical changes. Updates standard language developed by the Sunset Commission prohibiting appointment as a public member if the person or the person's spouse is registered, certified or licensed by the department. SECTION 6. Adds Section 40.0225(a)-(d). Adds standard language developed by the Sunset Commission. Prohibits board members or their spouses and employees compensated at or above Group 17 in the General Appropriations Act or their spouses from being an officer or employee of a related Texas trade association. Prohibits registered lobbyists from serving as a member of the board or from being employed as the board or department's general counsel. Also defines Texas trade association. SECTION 7.Adds Section 40.0226(a)-(b). Adds standard language developed by the Sunset Commission. Requires the board to complete at least one course of training before assuming their duties and being confirmed by the Senate. SECTION 8.Amends Section 40.028(b). Updates standard language developed by the Sunset Commission requiring the board to clearly separate its policymaking responsibilities from the management responsibilities of the executive director and DPRS staff. SECTION 9.Adds Section 40.0305(a)-(e). Establishes a strategic technology steering committee to evaluate, prioritize, and coordinate major information technology projects and proposals. Specifies that the committee consists of the department's information resources manager and other DPRS employees as designated by the executive director. SECTION 10.Amends Section 40.032(b) and (d)-(g). (b)Updates standard language developed by the Sunset Commission requiring the executive director or a designee to develop an intradepartmental career ladder program that addresses mobility and advancement opportunities for employees within the department. (d)-(g)Updates standard language developed by the Sunset Commission by requiring the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the governor's office. SECTION 11.Adds Section 40.0525(a)-(c). Requires the department, to the extent possible, to separate investigations from service delivery, taking into consideration regional differences. Requires DPRS to develop policies and procedures for employees in both areas to exchange information. Specifies that this provision does not require DPRS to establish separate departments for investigations and service delivery. SECTION 12.Adds Sections 40.0563(a)-(c), 40.0564, and 40.0565. Section 40.0563(a)-(c). (a)Requires DPRS to develop and implement a standard statewide outreach program for counties. Also requires DPRS to inform each county of the availability of federal funds to pay costs of providing child and adult protective services within the county and to provide technical assistance on request to a county seeking federal funds. (b)Requires DPRS, in implementing the program, to designate local department personnel responsible for providing counties with information on the availability of federal funds and requires DPRS to designate a statewide coordinator responsible for coordinating the activities of local department personnel and developing methods of providing information to counties. Requires DPRS to develop a data base that identifies department and county personnel involved with the outreach program and contains information regarding the date and type of assistance provided by DPRS to each county. (c)Requires DPRS, in consultation with the Legislative Budget Board, to maintain a record of the amount of funding for child and adult protective services that each county receives directly from the federal government. Section 40.0564. Adds standard language developed by the Sunset Commission. Requires DPRS funds to be managed in accordance with the State Funds Reform Act. Section 40.0565. Adds standard language developed by the Sunset Commission. Requires DPRS, on or before November 1 of each year, to file with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by DPRS during the preceding fiscal year. Requires the annual report to meet the reporting requirement applicable to financial reporting in the General Appropriations Act. SECTION 13.Amends Section 40.058(b) and adds (c)-(e). (b)Requires DPRS to develop a performance-based contracting system for program-related client services that establishes contracts with clearly defined goals, outcomes, sanctions, and reporting requirements. (c)Requires DPRS to develop a formal program to monitor program-related client services contracts for compliance with performance requirements and to ensure that all costs are reasonable and necessary to achieve program objectives. (d)-(e)Specifies that an agreement made under this section is not subject to Chapters 771 or 791 of the Government Code and that DPRS is not prohibited from entering into a contract or agreement under these chapters, for a purpose authorized in the applicable chapter. SECTION 14.Amends Section 40.061 by adding (c). Specifies the terms under which this section does not provide immunity to a department employee. SECTION 15.Amends Section 40.062. Makes conforming changes to update references to the Family Code in the agency's enabling statute. SECTION 16.Adds Sections 40.066(a)-(e) and 40.067, and 40.068(a)-(d). Section 40.066(a)-(e). (a)Requires DPRS and the chief administrative law judge of the State Office of Administrative Hearings to adopt a memorandum of understanding under which the State Office of Administrative Hearings, on behalf of DPRS, conducts all contested case hearings under the administrative procedure law, Chapter 2001, Government Code, authorized or required by law to be conducted by DPRS. (b)Requires the memorandum of understanding to include the requirement that the chief administrative law judge, DPRS, and the executive director cooperate in connection with a contested case hearing. The memorandum of understanding may authorize the State Office of Administrative Hearings to perform any administrative act, including giving of notice, that is required to be performed by DPRS or executive director. (c)Requires the administrative law judge who conducts a contested case hearing for the State Office of Administrative Hearings on behalf of DPRS to enter the final decision in the case after completion of the hearing. (d)Requires DPRS, by interagency contract, to reimburse the State Office of Administrative Hearings for the costs incurred in conducting contested case hearings for DPRS. Authorizes DPRS to pay an hourly fee for the costs of conducting contested case hearings or to pay a fixed annual fee negotiated biennially by DPRS and the State Office of Administrative Hearings to coincide with the department's legislative appropriations request. (e)Exempts personnel grievance hearings involving a DPRS employee from being heard by the State Office of Administrative Hearings. Section 40.067. Requires DPRS to study issues related to providing child and adult protective services in areas bordering the United Mexican States. Also requires DPRS to develop a plan for providing those services in the most efficient manner and to pursue and enter into agreements for coordinated services, to the extent permissible under federal law, with the United Mexican States or any of its political subdivisions. Section 40.068(a)-(d). (a)Authorizes DPRS to establish and maintain local bank or savings accounts for a client in order to administer the client's funds. (b)Specifies that funds maintained in an account for a child under the managing conservatorship of DPRS may be used by the department for the support of the child, including foster care. (c)Requires DPRS to spend funds in a guardianship of a child's estate in compliance with Chapter XIII, Texas Probate Code. (d)Specifies that funds maintained for the benefit of a client may be used to provide care for the client, including medical care, except as provided by (c). SECTION 17.Amends Section 42.002(3) and (9) and adds (16) and (17). Redefines "child-care facility" and defines "family home," "children who are related to a caretaker," and "regular care." SECTION 18.Amends Sections 42.042(e) and (l). Specifies the terms by which DPRS is required to promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter. Clarifies that all regulatory provisions of this chapter apply to registered facilities as well as licensed facilities. Makes conforming changes. SECTION 19.Adds Section 42.0425(a)-(c). Requires DPRS, by rule, to regulate assessment services provided by child-care facilities or child-placing agencies. Prohibits a child-care facility or child-placing agency from providing assessment services unless specifically authorized by DPRS. Sets forth the terms by which DPRS, by rule, is required to establish minimum standards for assessment services. Defines "assessment services." SECTION 20.Adds Section 42.0505(a)-(e). Adds standard language developed by the Sunset Commission. Establishes a method for license renewal and a time-frame and penalty structure for delinquent renewals. SECTION 21.Amends Section 42.044(b). Requires DPRS, rather than the division designated by DPRS, to inspect all licensed or certified facilities; and authorizes DPRS to inspect other facilities or registered family homes as necessary. SECTION 22.Adds Sections 42.0441, 42.0442(a)-(b), and 42.0443(a)-(c). Section 42.0441. Requires the authorized representative of DPRS, immediately after the completion of a monitoring inspection of specified facilities, and a representative of the facility to review the results of the inspection. Specifies the facility shall be given an opportunity to respond to the inspection results. Section 42.0442(a)-(b). Requires DPRS to coordinate monitoring inspections of licensed day-care centers, licensed day-care group homes, and registered family homes performed by another state agency. Requires DPRS to form an interagency task force with Texas Department of Health (TDH), Department of Human Services (DHS), and Texas Workforce Commission (TWC) to develop an inspection protocol to coordinate inspections. Specifies that the protocol must include each agency's required inspection items and facilitate the sharing of inspection data and compliance history. Section 42.0443(a)-(c). (a)Requires DPRS to establish a computerized database on licensed day-care centers, licensed group day-care homes, and registered family homes from other state agencies, if feasible using available information systems. (b)Requires DPRS to make the data collected available to another state agency or political subdivision and directly available to TDH, DHS, and TWC through electronic information systems, if feasible using available information systems. Requires DPRS, TDH, DHS, and TWC to jointly plan the development of inspection databases to promote the sharing of data. (c)Authorizes DPRS to provide inspection data on day-care facilities to the public if it is determined that the information will enhance consumer choice in regards to those facilities. SECTION 23.Amends Section 42.046(a). Creates new heading: Application for License or Registration. Requires an applicant for a license to operate a child-care facility or child-placing agency or for a registration to operate a family home to submit to DPRS, rather than the division, the appropriate fee and a completed application on a form provided by the department, rather than the division. SECTION 24.Adds Section 42.0461(a)-(g). (a)Requires, at the applicant's expense, a public hearing in accordance with department rules and published notice for an application to the department for a license for the operation or expansion of a foster group or foster family home located in a county with a population of less than 250,000. (b)-(c)Establishes the conditions by which certain applicants for a license and certain license holders are required to publish notice of the public hearing in certain newspapers and requires a representative of DPRS to attend the public hearing to receive public comments on the application. (d)Requires DPRS to consider the degree of community support for, amount of local resources available for, impact of the proposed action on the local school district and community, and the affect on opportunities for social interaction of the children being served before issuing a license. (e)Sets forth the conditions under which DPRS is authorized to deny a license to an entity seeking to provide substitute care services or deny a request to expand such an entity's capacity under a license. (f)Specifies the terms by which a child-placing agency located in a county with a population of less than 250,000 must comply with the notice and hearing requirements in order to verify an agency home or group home. (g)Sets forth the conditions under which DPRS is authorized to prohibit the child-placing agency from verifying the proposed agency home or group home. SECTION 25.Amends Section 42.052(c). Changes the application of this section from the caretaker's own children to children who are related to the caretaker. Makes conforming changes. SECTION 26.Adds Sections 42.057(a)-(c) and 42.058(a)-(b). Section 42.057(a)-(c). Requires the director, owner, or operator of a child-care facility or family home, in accordance with rules adopted by DPRS, to submit certain information to the department for use in conducting background and criminal history checks. Requires DPRS to conduct background and criminal history checks using certain information. Requires DPRS, by rule, to require a child-care facility or family home to pay a fee to DPRS in an amount not to exceed the administrative costs of conducting checks under this section. Section 42.058(a)-(b). Adds standard language developed by the Sunset Commission. Prevents DPRS from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading, or deceptive practices. SECTION 27.Adds Section 42.0705. Adds standard language developed by the Sunset Commission. Requires the division to use a full range of penalties, such as reprimand, suspension or revocation, for violations of state laws or agency rules. SECTION 28.Amends Section 42.071(a)-(e). Includes registered family homes within the regulatory provisions regarding suspension, evaluation, or probation of a license or registration. SECTION 29.Adds Section 42.0715. Allows DPRS to charge a licensed child-care facility or registered family home the reasonable cost of formulating, monitoring, and implementing corrective action plans to address licensing standards violations. SECTION 30.Amends Section 42.072(a)-(d). (a)Includes suspension and refusal to renew the license or certification of approval of a facility as penalties for a facility that does not comply with the rules of DPRS or specific terms of the license or certification. Extends to DPRS the authority to revoke the probation of a license holder whose license is suspended if a term of the conditions of probation is violated. (b)Adds standard language developed by the Sunset Commission. Entitles licensees to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. (c)Reletters subsections and deletes language relating to a hearings and appeals process. Relocates this language to Section 42.078. Specifies that a person whose license, registration or certification is revoked may not apply for any license, registration, or certification under this chapter until two years after the date on which the revocation occurred. (d)Authorizes DPRS, by rule, to provide for denial of an application or renewal for a licensed facility or for registering a family home or may revoke a facility's license or a family home's registration based on findings of criminal history as a result of a background or criminal history check. SECTION 31.Amends Section 42.073 (a)-(b) and (d). Deletes the provision requiring DPRS to place the children attending or residing in the facility elsewhere if certain conditions exist. Makes conforming changes. SECTION 32.Amends Sections 42.074(a) and (c). Makes conforming changes. Replaces the word division with department and includes registered family homes within the regulatory provisions regarding emergency suspension and closure. SECTION 33.Amends Section 42.075(a). Makes conforming changes. Includes registered family homes within the regulatory provisions regarding civil penalties. SECTION 34.Amends Section 42.076 (b)-(c). Provides that a person who operates a family home without a registration commits a Class B misdemeanor. Establishes that a person who places a public advertisement for an unlicensed facility or unregistered family home commits a Class C misdemeanor. Deletes the previous provision regarding a person who places an advertisement for a registered family home in violation of Section 42.052(f). SECTION 35.Amends Section 42.077(a)-(d). Makes conforming changes. Includes registered family homes within the regulatory provisions regarding notice of action. SECTION 36.Adds Section 42.078(a)-(r). Provides DPRS with administrative penalty authority of up to $100 per violation of rules and regulations pertaining to licensed child-care facilities and sets up a hearing and appeal process with standard time lines. Specifies the amount of the penalty to be based on factors such as the seriousness of the violation and the history of previous violations. SECTION 37.Adds Section 43.0042(a)-(b). Adds standard language developed by the Sunset Commission. Authorizes DPRS to waive any license requirements and grant a license to an applicant with a valid license from another state that has license requirements substantially equivalent to those of this state. Also authorizes DPRS to waive any license requirements and grant a license to an applicant with a valid license from another state with which Texas has a reciprocity agreement. Authorizes DPRS to enter into reciprocity agreements. SECTION 38.Adds Section 43.0055(a)-(b). Adds standard language developed by the Sunset Commission. Prevents DPRS from adopting rules that restrict competitive bidding or advertising except to prohibit false, misleading or deceptive practices. SECTION 39.Amends Section 43.006. Makes conforming change. Allows the board to set and charge fees for issuing a provisional license in addition to fees associated with issuing a renewal license. SECTION 40.Adds Section 43.0081(a)-(d). Adds standard language developed by the Sunset Commission. Allows DPRS to issue provisional licenses to license applicants who are currently licensed in another state and allows the department to waive any of the requirements if they constitute a hardship to the applicant. SECTION 41. Amends Section 43.009(b)-(f). (b)Updates standard language developed by the Sunset Commission requiring the board to recognize, prepare, or administer continuing education programs for license holders. (c)-(f)Updates standard language developed by the Sunset Commission specifying the method for license renewal and a time-frame and penalty structure for delinquent renewals. SECTION 42.Amends Section 43.010(a)-(d). Updates standard language developed by the Sunset Commission requiring DPRS to use a full range of penalties, such as reprimand, suspension or revocation, for violations of state laws or agency rules. Reletters subsections. SECTION 43.Adds Sections 43.0105 and 43.0106. Section 43.0105. Adds standard language developed by the Sunset Commission. Authorizes DPRS to revoke the probation of a license holder whose license is suspended if they violate a term of the conditions of probation. Section 43.0106. Adds standard language developed by the Sunset Commission. Entitles licensees to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. SECTION 44.Amends Section 48.002(2). Expands the scope of individuals who may be held liable for negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain. Expands the scope of individuals who may be held liable for sexual abuse, including any involuntary or nonconsensual conduct. SECTION 45.Amends Section 48.0125(a). Clarifies judicial authority to appoint DPRS as either the guardian of the estate or guardian of the person or both as needed. Requires DPRS to pursue a least restrictive alternative to guardianship. SECTION 46.Amends Section 48.0125(b) and adds (e). Clarifies the criteria which must be met before DPRS may be appointed as guardian of a person. Specifies that Adult Protective Services and the department may not be liable to pay fees relating to the appointment of an attorney/guardian ad litem. SECTION 47.Amends Section 48.036(a) and adds (c). Clarifies and expands the responsibility to report suspected abuse or neglect of an elderly or disabled person and clarifies and expands who is to report suspected abuse or neglect of elderly or disabled persons to include medical and other professionals. SECTION 48.Adds Section 48.0362. Specifies that knowingly or intentionally reporting information that is false or lacks factual foundation constitutes a Class B misdemeanor. SECTION 49.Amends Section 48.037(c). Authorizes DPRS, by rule, to prioritize investigations according to the degree of severity and the immediacy of the alleged harm to the individual. Specifies that this section does not apply to Community Centers and facilities operated by Texas Department of Mental Health Mental Retardation (MHMR). SECTION 50. Amends Section 48.081(e)-(j). (e)Requires DPRS and MHMR, by joint rules, to establish procedures for resolving disagreements concerning DPRS's investigation findings. Specifies that a confirmed finding by DPRS may not be changed by a superintendent of a state MHMR facility or a director of a community center. (f)-(g)Reletters subsections. (h)Authorizes DPRS, by rule, to assign priorities to an investigation conducted by DPRS under this section. Specifies the primary criterion used in assigning a priority must be the risk that a delay in the investigation will impede the collection of evidence. (i)-(j)Requires DPRS and the MHMR to jointly develop and implement a single system to track reports and investigations under this section. Specifies that MHMR shall use appropriate methods of measuring the number and outcome of reports and investigations. Reletters subsections. SECTION 51.Amends Section 48.101(b)-(f). Broadens the language regarding the release of confidential information to include information gathered by the investigating state agency in addition to DPRS. Also modifies the language to specify that DPRS or the investigating agency may adopt rules relating to the release of information regarding a deceased individual who was the subject of an investigation by DPRS or the investigating state agency, rather than simply deceased persons who received protective services from DPRS. Makes other conforming changes to include the investigating agency. SECTION 52.Amends Section 48.103(a). Clarifies who cannot interfere with the provision of services by DPRS. SECTION 53.Amends Section 161.001, Family Code. Authorizes the court to terminate the parent-child relationship based on constructive abandonment of the child for six months or failure to comply with a court-ordered service plan. SECTION 54.Adds Section 201.1085. Authorizes the presiding judge to appoint a master for a court handling child protection cases if the court needs assistance in order to process the cases in a reasonable time. SECTION 55.Amends Section 261.001 by adding (7), which defines "Board" as the Board of Protective and Regulatory Services. SECTION 56.Amends Section 261.107. Provides that a person commits a Class A, rather than a Class B, misdemeanor, if the person knowingly or intentionally makes a report that the person knows is false or lacks factual foundation. SECTION 57.Adds Section 261.3015(a)-(c). Requires the board, by rule, to establish a flexible response system that investigates serious cases of abuse and provides assessment and family services in less serious cases. Allows DPRS to change the classification of a case under the flexible response system. Allows DPRS to implement this program through a pilot program in a departmental region. Requires DPRS to study the results of the program in the region and determine the method by which it can be implemented statewide. SECTION 58.Adds Section 261.3016(a)-(e). (a)Authorizes DPRS, by March 1, 1998, to enter into an agreement with the sheriff of a county having a population of not more than 25,000 under which the sheriff shall conduct investigations of reports of abuse or neglect under this chapter. (b)Specifies the required terms of the agreement including respective responsibilities of the sheriff and of DPRS and provisions for the reimbursement by DPRS from available state and federal funds. (c)-(d)Specifies that this section does not prevent DPRS from assisting a sheriff in such investigations and that the agreement does not have to include investigations that occur under Chapter 42, Human Resources Code or under Section 261.404 or Section 48.081, Human Resources Code. (e)Requires that DPRS and the sheriff who is a party to the agreement report, by December 1, 1998, to report to the governor, the lieutenant governor, the speaker of the house of representative, and the legislature regarding the performance of investigations under the agreement. SECTION 59.Amends Section 261.311 by adding sections (a)-(d). (a)-(b)Renames the section, "Notice of Report." Amends (a) to require DPRS or the designated agency to interview or examine a child who has been allegedly abused. Also requires DPRS to notify each parent or guardian of the child: (1) of the nature of the allegation and the fact that the interview or exam was conducted, within 24 hours of the interview or examination; and (2) in subsection (b), of the disposition of the investigation, if a report is administratively closed due to a preliminary investigation that did not include an interview or examination. (c)-(d)Specifies that the notice is not required if DPRS determines that notice will endanger the child, the person who made the report, or any other person who participates in the report. Specifies that law enforcement officials may request to delay notification if it interferes with an ongoing criminal investigation. SECTION 60.Adds Section 261.315(a)-(c). Specifies the terms by which DPRS is required to remove information from its records about a person who is alleged in a report to have abused or neglected a child and who DPRS determines did not commit abuse or neglect. Requires the board to adopt rules as necessary to administer this section. SECTION 61.Amends Section 262.109(a). Requires DPRS or other agency to give written notice to each parent of the child when DPRS or another agency takes possession of the child. SECTION 62.Amends Section 262.201(c). Requires the court to inform each parent in open court that parental and custodial rights are subject to restriction and termination if the court finds that there is continuing danger to the child and staying at home is contrary to the child's wellbeing. Specifies that parents may not be subject to restriction and termination of parental rights if the parents are willing and able to provide the child with a safe environment. SECTION 63. Adds Section 263.006. Requires the court to inform each parent in open court that parental and custodial rights and duties may be subject to restriction or termination unless certain conditions are met. SECTION 64.Amends Section 263.201. Specifies the time period for status hearings and the matters to be reviewed. SECTION 65.Changes the heading of Chapter 263D, Family Code to: Subchapter D. Permanency Hearings. SECTION 66.Amends Sections 263.301(a) and (b). Adds an attorney ad litem and a volunteer advocate appointed for the child under Chapter 107 to the persons entitled to (1) receive at least 10 days notice of a permanency hearing, rather than a hearing to review a child's placement, (2) to present evidence and (3) to be heard at the hearing. Makes conforming changes. SECTION 67.Amends Section 263.302. Sets forth the terms by which a child is required to attend each permanency hearing, unless the court excuses the child's attendance. Deletes the provision authorizing the court to dispense with the attendance of the child at a placement hearing. SECTION 68.Adds Section 263.3025(a)-(c). Sets forth the terms under which DPRS is required to prepare, distribute copies of, and modify a permanency plan for a child for whom DPRS has been appointed temporary managing conservator. Also establishes the contents of a permanency plan. SECTION 69.Amends Section 263.303(a)-(b). Creates new heading: Permanency Progress Report. Sets forth the terms by which the permanency progress report is required to recommend that the suit be dismissed or continue. Deletes the existing requirements regarding a status report. SECTION 70.Amends Section 263.304. Creates new heading: Initial Permanency Hearing; Time. Sets forth the conditions by which the court is required to hold a permanency hearing to review the status of, and permanency plan for, the child to ensure that a final order consistent with that permanency plan is rendered before the date for dismissal of the suit. Deletes the existing provisions regarding a permanency hearing. SECTION 71.Amends Section 263.305. Creates new heading: Subsequent Permanency Hearings. Requires a subsequent permanency hearing before entry of a final order to be held not later than the 120th day after the date of the last hearing. Authorizes the court to order more frequent hearings. Deletes the provisions regarding subsequent review hearings. SECTION 72.Amends Section 263.306. Creates new heading: Permanency Hearings; Procedure. Sets forth the terms under which the court is required, at each permanency hearing, to review the efforts of DPRS or another agency in accomplishing certain goals; return the child to the parent or parents if certain conditions are met; return the child to a person or entity, other than a parent, if certain conditions are met; evaluate DPRS's efforts to identify relatives who could provide the child with a safe environment; evaluate the parties' compliance with temporary orders; determine whether other plans or services are needed to meet the child's needs; determine whether efforts have been made to place the child in the best institutional environment possible; order the services needed to assist the child in making the transition from substitute care to independent living under certain circumstances; determine plans, services, and further temporary orders necessary to ensure that a final order is rendered on time; and determine the date for dismissal of the suit and give notice to all parties. Deletes the existing provisions regarding the procedures of a review hearing. SECTION 73.Amends chapter 263, Family code, by adding Subchapters E and F as follows: Subchapter E. Final Order for Child under Dependent Care. Section 263.401(a)-(d). Sets forth the terms under which the court is required to dismiss the suit affecting the parent-child relationship filed by DPRS that requests termination of the relationship or requests that DPRS be named conservator of the child. Establishes the conditions under which the court is authorized to extend the court's jurisdiction of the suit for a certain period and sets forth the contents of an extension order. Requires the court to render a final order or dismiss the suit on the specified date, and prohibits the court from granting an additional extension. Sets forth the characteristics of a final order. Section 263.402(a)-(d). Sets forth the terms by which the court is authorized to retain jurisdiction and not dismiss the suit or render a final order, notwithstanding Section 263.401. Requires the court, if the court renders an order, to include in the order specific findings regarding the grounds for the order. Section 263.403(a)-(b). Sets forth the terms under which the court is authorized to render a final order appointing DPRS as managing conservator of the child without terminating the rights of the parent of the child, and is required to take into consideration certain factors in making that determination. Subchapter F. Placement Review Hearings. Section 263.501(a)-(e). Sets forth the terms by which the court is required to conduct and provide notice of a placement review hearing if DPRS has been named as the child's managing conservator in certain final orders. Authorizes the court to dispense with the requirement that the child attend a placement review hearing. Section 263.502(a)-(c). Establishes the conditions by which DPRS or other authorized agency is required to file a placement review report with the court and provide a copy to certain persons. Sets forth the contents of a report and authorizes the court to order that a report is not required for a specific hearing. Section 263.503. Requires the court to make certain determinations at a placement review hearing. SECTION 74.Amends Section 264.009(a)-(e). Establishes the hierarchy of legal representation of DPRS in certain actions under this code as follows: county attorney, district attorney, criminal district attorney, and attorney general. Specifies that if the attorney general is unable to represent DPRS, an attorney who has contracted with DPRS or who is employed by DPRS shall be deputized by the attorney general. Authorizes DPRS to contract with a private attorney, with the approval of the attorney general, and to employ attorneys to represent DPRS. SECTION 75.Amends Subchapter B, Chapter 264, Family Code, by amending Section 264.106(a)-(e) and adding Section 264.1061 as follows: Section 264.106(a)-(e). Establishes the conditions by which DPRS is required to assess the need for substitute care services throughout the state and contract with substitute care providers. Sets forth certain requirements of a contract with a substitute care provider. Defines "substitute care provider." Deletes the existing provision regarding the expenditure of appropriated funds to purchase contract residential care for children. Section 264.1061. Specifies the terms by which DPRS is required to monitor the performance of a foster parent who does not provide substitute care services through an entity under contract with or licensed by DPRS. Requires DPRS to include references to the criteria in a written agreement concerning the foster parent's services. SECTION 76.Amends Section 264.107(a)-(c). Requires DPRS to consider placing a child in the home of the child's noncustodial parent when making a placement of a child removed from the home. Reletters subsections. SECTION 77.Amends Subchapter B, Chapter 264, Family Code, by adding Section 264.1075. Requires DPRS, before placing a child in substitute care, to use assessment services provided by a child-care facility or child-placing agency. SECTION 78.Amends Subchapter C, Chapter 264, Family Code, by adding Sections 264.206(a)-(b) and 264.207(a)-(b) as follows: Section 264.206(a)-(b). Requires DPRS to begin searching for potential adoptive parents at the time DPRS decides to petition for termination of parental rights. Requires DPRS to report to the courts on the child's adoptability and any prospective adoptive parents. Section 264.207(a)-(b). (a)Requires DPRS to adopt policies that provide for the improvement of DPRS's services for families and children in the areas of accountability to people who receive services and to ensure consistency of services provided by DPRS throughout different regions of the state. Specifies the requirements of these policies. (b)Requires DPRS to accomplish the goals in (a) through specific policies related to monitoring and promoting, time frames, and performance measures for the permanent placement of children and includes specific provisions related to private licensed child-placing agencies regarding their use, providing information, and creating financial incentives. Also includes policies related to foster parents, evaluation of department employees and regions in placing children and the creation of an assessment center. SECTION 79.Amends Subchapter B, Chapter 531, Government Code, by adding Section 531.047(a)-(c). Requires the Health and Human Services Commission, after consulting with representatives from DPRS, the Texas Juvenile Probation Commission, and MHMR, by rule, to adopt result-oriented standards that must be achieved by a provider of substitute care services for children under the care of the state. Also requires a health and human services agency that purchases substitute care services to include the standards as requirements in each contract. Sets forth the terms by which an agency is authorized to provide information about a provider to another agency. SECTION 80.Amends Section 700, Texas Probate Code, by delineating the Section as Subsection (a) and adding (b). Clarifies Probate Code 700 with language from Human Resources Code 48.0215(b) whereby DPRS can be appointed guardian, can designate a caseworker to serve as an agent for the guardian, and that the agent shall take the oath of guardianship. SECTION 81.Requires representatives from each state agency that purchases substitute care services for children to meet to assess the total need for substitute care services in this state and implement a competitive bidding process. Sets forth the terms under which each state agency is required to use the competitive bidding process. Requires the state agency representatives to meet and develop the competitive bidding process as soon as possible after the effective date of this Act. Requires DPRS, not later than September 1, 1998, to develop and implement a pilot program for competitive bidding. SECTION 82.Repealer. Sections 263.308, Family Code (Parents Unwilling to Care for Child) and 263.309 (Review After Termination or Relinquishment of Parental Rights). Removes language regarding parental notice by courts during managing conservatorship hearings. This provision is relocated to SECTION 63, Section 263.006. Also removes language relating to reviewing DPRS's efforts to place the child for adoption, which is relocated to SECTION 73, Section 263.401. SECTION 83.Effective Dates. (a)Specifies the effective date of this Act as September 1, 1997, except as otherwise provided by this Act. (b)Requires the board to adopt rules necessary to administer the changes in law made by this Act not later than November 1, 1997. (c)Makes application of this Act prospective regarding the qualifications of, and prohibitions applying to, members of the board. (d)Requires the executive director of DPRS to appoint the members of the strategic technology steering committee not later than November 1, 1997. (e)Makes application of this Act prospective regarding a disciplinary proceeding or contested case. (f)Makes application of this Act prospective regarding the imposition of a penalty or other disciplinary action. (g)Makes application of this Act prospective regarding the qualifications for a license. (h)Makes application of this Act prospective regarding the termination of the parent-child relationship. SECTION 84. (a)Makes application of this Act prospective to January 1, 1998 regarding a contested case hearing conducted by the State Office of Administrative Hearings. (b)Authorizes the executive director of DPRS and the chief administrative law judge of the State Office of Administrative Hearings to agree to transfer contested cases pending before DPRS to the State Office of Administrative Hearings before January 1, 1998. SECTION 85.Makes application of this Act prospective regarding Section 42.0461, Human Resources Code, as it relates to an application for a license or for authorization to expand capacity. SECTION 86. (a)Specifies the effective date for SECTIONS 61-73, regarding pending suits affection the parent-child relationship, as January 1, 1998. (b)Makes application of this Act retroactive regarding SECTIONS 61-73, except as provided by Subsection (c). (c)Requires the court, if DPRS has been appointed temporary managing conservator of a child before the effective date of this Act, to establish a date for dismissal of the suit by a certain date, unless the court has rendered a final order before the dismissal date. SECTION 87.Requires the Health and Human Services Commission to adopt the rules required by Section 531.047, Government Code, not later than January 1, 1998. SECTION 88.Establishes the conditions under which an agency that purchases substitute care services is required to review the effectiveness of the result-oriented standards and report to certain persons and entities by January 31, 1999. SECTION 89.Sets forth the terms by which each agency or subdivision of the state that inspects child-care facilities is required to submit a copy of the inspection form to DPRS by September 15, 1997. SECTION 90.Requires DPRS, DHS, TDH, TWC to report the recommendations for the protocol for coordinated inspections to their respective governing boards or commissions by February 1, 1998. Requires implementation of this protocol to begin by June 1, 1998. SECTION 91.Establishes the conditions under which DPRS is required to establish a working group to coordinate the processing of child protection cases. Requires the working group to report its recommendations to the Texas Supreme Court by September 1, 1998. Requires the Texas Supreme Court to adopt rules regarding the processing of child protection cases. SECTION 92.Sets forth the terms by which a state agency is required to request a waiver or authorization which may delay implementing a provision until the waiver or authorization is granted. SECTION 93.Emergency clause. COMPARISON OF C.S.S.B. 359 TO BILL AS ENGROSSED 1.In SECTION 2, Sec. 40. 0041(d), Human Resources Code, the substitute provides that the agency complaint process must include an opportunity for appeal of a complaint without the participation of the agency's ombudsman's office. 2.In SECTION 10, Sec. 40.032(e) (2) and (3), Human Resources Code, the substitute changes standard Sunset language on agency equal employment opportunity policies to replace the word "guidelines" with "laws, rules, and regulations." 3.In SECTION 13, Sec. 40.058(e), Human Resources Code, the substitute clarifies that the agency is not prohibited from entering into interagency and interlocal agreements under Chapters 771 or 791 of the Government Code. 4.In SECTION 15, Sec. 40.062, Human Resources Code, the substitute makes conforming changes to update references to the Family Code in the agency's enabling statute. 5.In SECTION 16, Sec. 40.068(a), Human Resources Code, the substitute allows the agency to maintain local bank or savings accounts for their clients. 6.In SECTION 22, Sec. 42.0441, Human Resources Code, the substitute requires the agency to review the results of child care monitoring inspections upon completion of the inspection. 7.In SECTION 24, Sec. 42.0461, the substitute perfects the requirement for public notice and hearing for substitute care licenses as follows: _Changes the application of the section from "substitute care services, including a child care institution, child-placing agency, foster group home, foster family home, agency group home, and agency home" to "a foster group home or foster family home that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker or of a child care institution." Exempts counties with a population of over 250,000. _Requires the applicant or license holder, rather than DPRS, to conduct the public hearing at their own expense according to rules established by the department. Specifies that the applicant or license holder must publish the notice at their own expense. _Changes the time period for notice to be posted before the public hearing from one week to ten days. _Provides that the notice must include the right of any person to submit written comments on the proposed license or expansion to DPRS, instead of making comments at the hearing. _Provides that DPRS must have a representative at the public hearing in an official capacity to receive public comment on the application. _Provides that DPRS may deny a request for a license if it determines the application lacks a reasonable degree of community support, rather than determining if the community predominately supports the issuance of the license. _Clarifies that child placing agencies must comply with the notice and hearing requirements for facilities in which they license. 8.In SECTION 26, Sec. 42.057, Human Resources Code, the substitute clarifies that background and criminal history checks are required of child care facility and family home operators. 9.In SECTIONS 44-49, Sec. 48.002, 48.0215, 48.036, 48.0362, and 48.037, Human Resources Code, the substitute includes provisions clarifying authority and responsibilities related to the adult protective services program of the agency which have been adopted by the committee in separate legislation. 10.In SECTION 50, Sec. 48.081, Human Resources Code, the substitute requires DPRS and MHMR to establish by rule the procedures for resolving discrepancies in the two agencies' investigation findings; replaces language from the bill as engrossed that outlined specific procedures. 11.In SECTION 58, Sec. 261.3016, Family Code, the substitute creates a Law Enforcement Pilot Program, allowing DPRS to enter into an agreement with the sheriff of county with a population of less than 25,000 to give the sheriff the duty to conduct child abuse and neglect investigations. 12.In SECTION 59, Sec. 261.311(b), Family Code, the substitute clarifies that DPRS must still attempt to notify each parent of an investigation into child abuse or neglect whether or not the investigation included an interview or examination of a child. 13.In SECTION 74, Sec. 264.009(c), Family Code, the substitute clarifies the ability of the Attorney General's Office to deputize DPRS in child protective cases.