SRC-CDH S.B. 359 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 359
By: Brown
Health & Human Services
3-14-97
As Filed


DIGEST 

Currently, the Department of Protective and Regulatory Services' (DPRS)
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, including both day care providers and 24-hour care
providers, and regulates maternity homes.  DPRS is governed by a
six-member board, has a budget of $523,633,585, and 6,598 employees for
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 and several
statutory modifications contained in this legislation.   

PURPOSE

As proposed, S.B. 359 establishes the continuation and operation of the
Department of Protective and Regulatory Services, the provision of
services to children and families, and suits affecting the parent-child
relationship; and provides penalties.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Board of Protective and Regulatory
Services in SECTION 17 (Section 42.0495, Human Resources Code), SECTIONS
35 and 37 (Sections 261.3015(a) and 261.315(b), Family Code), and SECTION
55(b) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 40.003, Human Resources Code, to provide that
unless continued in existence as provided by Chapter 325, Government Code
(Texas Sunset Act), DPRS is abolished and this chapter expires September
1, 2009, rather than September 1, 1997. 

SECTION 2. Amends Chapter 40A, Human Resources Code, by amending Section
40.004, and adding Section 40.0041, as follows: 

Sec. 40.004.  New heading:  PUBLIC INTEREST INFORMATION.  Requires the
Board of Protective and Regulatory Services (board), rather than DPRS, to
develop and implement policies that provide the public with a reasonable
opportunity to appear before the board and speak on certain issues.
Deletes the provisions regarding public interest complaints.  Makes
conforming changes.    

Sec. 40.0041.  COMPLAINT PROCESS.  Adds standard language developed by the
Sunset Commission regarding complaints. 

SECTION 3.  Amends Chapter 40A, Human Resources Code, by adding Section
40.008, to add standard language developed by the Sunset Commission
regarding program accessibility.   

SECTION 4. Amends Section 40.021(a), Human Resources Code, to update
standard language developed by the Sunset Commission regarding the
composition of the board.   
 
SECTION 5. Amends Section 40.022, Human Resources Code, to update standard
language developed by the Sunset Commission regarding restrictions on
board appointment or membership.  
SECTION 6.  Amends Chapter 40B, Human Resources Code, by adding Section
40.0225, to add standard language developed by the Sunset Commission
regarding restrictions on board members and employees. 

SECTION 7. Amends Chapter 40B, Human Resources Code, by adding Section
40.0226, to add standard language developed by the Sunset Commission
regarding training. 

SECTION 8. Amends Section 40.028(b), Human Resources Code, to require the
board to develop and implement policies that clearly separate the policy
making responsibilities of the board and the management responsibilities
of the executive director and DPRS staff, rather than require the board to
develop and implement policies that separate the respective
responsibilities of the board and department staff.   

SECTION 9. Amends Chapter 40B, Human Resources Code, by adding Section
40.0305, as follows: 

Sec. 40.0305.  STRATEGIC TECHNOLOGY STEERING COMMITTEE.  Sets forth the
terms by which DPRS is required to establish a strategic technology
steering committee within DPRS to evaluate major information technology
project proposals.  Requires the committee to make recommendations to the
executive director based on the committee's performance of its duties.   

SECTION 10. Amends Section 40.032, Human Resources Code, to update
standard language developed by the Sunset Commission regarding personnel
policies.   

SECTION 11. Amends Chapter 40C, Human Resources Code, by adding Section
40.0525, to  add standard language developed by the Sunset Commission
regarding separation of investigatory and service delivery functions.   

SECTION 12. Amends Chapter 40C, Human Resources Code, by adding Sections
40.0563-40.0565, as follows: 

Sec. 40.0563.  COUNTY OUTREACH PROGRAM.  Adds standard language developed
by the Sunset Commission regarding the county outreach program.   

Sec. 40.0564.  DEPARTMENT FUNDS.  Adds standard language developed by the
Sunset Commission regarding department funds. 

Sec. 40.0565.  REPORT.  Adds standard language developed by the Sunset
Commission regarding an annual report. 

SECTION 13. Amends Section 40.058, Human Resources Code, to update
standard language developed by the Sunset Commission regarding contracts
and agreements. 

SECTION 14. Amends Chapter 40C, Human Resources Code, by adding Sections
40.066 and 40.067, as follows: 

Sec. 40.066. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS.
Adds standard language developed by the Sunset Commission regarding
cooperation with the state office of administrative hearings. 

Sec. 40.067.  DELIVERY OF SERVICES IN AREAS BORDERING UNITED MEXICAN
STATES.  Sets forth the required action of DPRS regarding delivery of
services in areas bordering the United Mexican States.  


 SECTION 15. Amends Chapter 42C, Human Resources Code, by adding Section
42.0461, as follows: 

Sec. 42.0461.  LICENSES RELATING TO FOSTER CARE.  Sets forth the terms by
which DPRS must require the applicant or license holder to publish notice;
conduct a public hearing on whether the proposed action should be taken;
and determine the support for, resources available for, and impact of the
proposed action.  Establishes the conditions by which certain applicants
for a license and certain license holders are required to publish notice
of the proposed action in certain newspapers.  Sets forth the conditions
under which DPRS is authorized to deny a license to an entity seeking to
provide foster care services or deny a request to expand such an entity's
capacity under a license.   

SECTION 16. Amends Section 42.049(f), Human Resources Code, to delete the
provision making a license valid until revoked or surrendered. 

SECTION 17. Amends Chapter 42C, Human Resources Code, by adding Section
42.0495, as follows: 

Sec. 42.0495.  STAGGERED RENEWAL DATE OF LICENSE.  Authorizes the board,
by rule, to adopt a system under which licenses expire on various dates
during the year.  Sets forth the terms by which license fees are required
to be prorated on a monthly basis. Provides that on renewal of the license
on the new expiration date, the total license renewal fee is payable.   

SECTION 18. Amends Chapter 42C, Human Resources Code, by adding Section
42.0505, to add standard language developed by the Sunset Commission
regarding renewal of a license.   

SECTION 19. Amends Chapter 42C, Human Resources Code, by adding Section
42.057, to add standard language developed by the Sunset Commission
regarding competitive bidding or advertising rules.   

SECTION 20. Amends Chapter 42D, Human Resources Code, by adding Section
42.0705, to add standard language developed by the Sunset Commission
regarding range of penalties. 

SECTION 21. Amends Chapter 42D, Human Resources Code, by adding Section
42.0715, to add standard language developed by the Sunset Commission
regarding costs charged to a facility. 

SECTION 22. Amends Section 42.072, Human Resources Code, to update
standard language developed by the Sunset Commission regarding sanctions. 

SECTION 23. Amends Chapter 42D, Human Resources Code, by adding Section
42.078, to add standard language developed by the Sunset Commission
regarding administrative penalties.   

SECTION 24. Amends Chapter 43, Human Resources Code, by adding Section
43.0042, Human Resources Code, as follows;   

Sec. 43.0042.  RECOGNITION OF LICENSE ISSUED BY ANOTHER STATE.  Sets forth
the terms by which DPRS is authorized to waive any prerequisite to
obtaining a license for an applicant.  Authorizes DPRS to enter into an
agreement with another state to permit licensing by reciprocity. 

SECTION 25. Amends Chapter 43, Human Resources Code, by adding Section
43.0055, to add standard language developed by the Sunset Commission
regarding competitive bidding or advertising rules.   

SECTION 26. Amends Section 43.006, Human Resources Code, to update
standard language developed by the Sunset Commission regarding fees.   


 SECTION 27. Amends Chapter 43, Human Resources Code, by adding Section
43.0081, to add standard language developed by the Sunset Commission
regarding provisional licenses.   

SECTION 28. Amends Chapter 43, Human Resources Code, by adding Section
43.0082, to add standard language developed by the Sunset Commission
regarding staggered renewal dates of licenses. 

SECTION 29. Amends Sections 43.009(b)-(f), Human Resources Code, to update
standard language developed by the Sunset Commission regarding continuing
education.   

SECTION 30. Amends Section 43.010, Human Resources Code, as follows:

Sec. 43.010.  New heading:  LICENSE REVOCATION, SUSPENSION, OR REFUSAL;
REPRIMAND OR PROBATION.  Updates standard language developed by the Sunset
Commission regarding license revocation, suspension, or refusal; and
reprimand or probation. 

SECTION 31. Amends Chapter 43, Human Resources Code, by adding Sections
43.0105 and 43.0106, as follows: 

Sec. 43.0105.  REVOCATION OF PROBATION.  Adds standard language developed
by the Sunset Commission regarding revocation of probation.   

Sec. 43.0106.  DISCIPLINARY HEARING.  Adds standard language developed by
the Sunset Commission regarding disciplinary hearings. 

SECTION 32. Amends Section 48.081, Human Resources Code, to update
standard language developed by the Sunset Commission regarding
investigation of reports.   

SECTION 33. Amends Section 161.001, Family Code, to authorize the court to
order termination of a parent-child relationship if the court finds that
the parent's parent-child relationship was previously terminated with
respect to another child based on a finding that the parent's conduct was
in violation of certain provisions of the law of another state; abandoned
the child who has been in the conservatorship of DPRS or an authorized
agency for not less than six months, rather than one year; or failed to
comply with the provisions of a certain court order. 

SECTION 34. Amends Section 261.001, Family Code, by adding Subdivision
(7), to define "board."  

SECTION 35. Amends Chapter 261D, Family Code, by adding Section 261.3015,
as follows: 

Sec. 261.3015.  FLEXIBLE RESPONSE SYSTEM.  Sets forth the terms by which
the board, by rule, is required to establish a flexible response system to
allow DPRS to allocate resources by investigating serious cases of abuse
and neglect and providing assessment and family preservation services in
less serious cases. 

SECTION 36. Amends Section 261.311, Family Code, as follows:

Sec. 261.311.  New heading:  INTERVIEW OR EXAMINATION OF CHILD.  Requires
DPRS or the designated agency to interview or examine a child who is the
subject of a report of suspected child abuse or neglect, and make a
reasonable effort to notify each parent and legal guardian of the nature
of the allegation.  Sets forth the terms under which the notice is not
required or may be delayed. 

SECTION 37. Amends Chapter 261D, Family Code, by adding Section 261.315,
as follows: 

Sec. 261.315.  REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM RECORDS.
Requires DPRS 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 38. Amends Section 262.109(a), Family Code, to require DPRS or
other agency to give written notice to each parent of the child, rather
than either of the parents, under certain circumstances.   

SECTION 39. Amends Section 262.201(c), Family Code, to make conforming
changes. 

SECTION 40. Amends Chapter 263A, Family Code, by adding Sections 263.006
and 263.007, as follows: 

Sec. 263.006.  WARNING TO PARENTS.  Sets forth the conditions under which
the court is required to inform each parent in open court that parental
and custodial rights may be subject to restriction or termination unless
certain conditions are met. 

Sec. 263.007.  DISMISSAL AFTER ONE YEAR.  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.    

SECTION 41. Amends Section 263.201, Family Code, to update standard
language developed by the Sunset Commission regarding status hearings, and
the date on which they are held. 

SECTION 42. Amends the heading of Chapter 263D, Family Code, as follows:

SUBCHAPTER D.  PERMANENCY HEARINGS

SECTION 43. Amends Sections 263.301(a) and (b), Family Code, to include an
attorney ad litem and a volunteer advocate appointed for the child under
Chapter 107 among the persons entitled to at least 10 days notice of a
permanency hearing, rather than a hearing to review a child's placement,
and entitled to present evidence and be heard at the hearing.  Makes
conforming changes.  

SECTION 44. Amends Section 263.302, Family Code, to set 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 45. Amends Chapter 263D, Family Code, by adding Section 263.3025,
as follows: 

Sec. 263.3025.  PERMANENCY PLAN.  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.  Sets forth the contents of a permanency plan.   

SECTION 46. Amends Section 263.303, Family Code, as follows:

Sec. 263.303.  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 47. Amends Section 263.304, Family Code, as follows:

Sec. 263.304. 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 48. Amends Section 263.305, Family Code, as follows:

Sec. 263.305.  New heading:  SUBSEQUENT PERMANENCY HEARINGS.  Requires a
subsequent permanency hearing 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 49. Amends Section 263.306, Family Code, as follows:

Sec. 263.306.  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 the department's efforts to identify
relatives who could provide the child with a safe environment; evaluate
the parties' compliance with temporary orders and the service plan;
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
procedure of a review hearing.      

SECTION 50. Amends Chapter 263, Family Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  PLACEMENT REVIEW HEARINGS

Sec. 263.401.  PLACEMENT REVIEW AFTER FINAL ORDER.  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. 

Sec. 263.402.  PLACEMENT REVIEW REPORT.  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.   

Sec. 263.403.  PLACEMENT REVIEW HEARINGS; PROCEDURE.  Requires the court
to make certain determinations at a placement review hearing.   

SECTION 51. Amends Chapter 264B, Family Code, by amending Section 264.106,
and adding Section 264.1061, as follows: 

Sec. 264.106.  New heading:  CONTRACTS FOR FOSTER CARE SERVICES.
Establishes the conditions by which DPRS is required to assess the need
for foster care services throughout the state and contract with foster
care providers.  Sets forth certain requirements of a contract with a
foster care provider.  Defines "foster care provider."  Deletes the
existing provision regarding the expenditure of appropriated funds to
purchase contract residential care for children. 

Sec. 264.1061.  FOSTER PARENT PERFORMANCE.  Sets forth the terms by which
DPRS is required to monitor the performance of a foster parent who does
not provide foster care services through an entity under contract with or
licensed by the department.  Requires DPRS to include references to the
criteria in a written agreement concerning the foster parent's services. 

 SECTION 52. Amends Section 264.107, Family Code, to require the
department, in making a placement of a child removed from the home of the
child's custodial parent, to consider placing the child in the home of the
child's noncustodial parent.  Makes conforming changes. 

SECTION 53. Amends Chapter 264C, Family Code, by adding Sections 264.206
and 264.207, as follows: 

Sec. 264.206.  SEARCH FOR ADOPTIVE PARENTS.  Sets forth the conditions
under which DPRS is required to begin its efforts to locate qualified
persons to adopt a child at the time DPRS decides to petition for the
termination of the parent-child relationship.   

Sec. 264.207.  DEPARTMENT PLANNING AND ACCOUNTABILITY.  Establishes the
conditions by which DPRS is required to adopt policies that provide for
the improvement of the department's services for children and families
through increased accountability of DPRS to individuals who receive
services and to the public; and by assured consistency of services
statewide.   

SECTION 54. Repealer:  Sections 263.308, Family Code (Parents Unable or
Unwilling to Care for Child) and 263.309, Family Code (Review After
Termination or Relinquishment of Parental Rights). 

SECTION 55. (a)  Effective date:  September 1, 1997. 

(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 56. (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 57. Makes application of this Act prospective regarding Section
42.0461, Human Resources Code, as it relates to an application for a
license. 

SECTION 58. Emergency clause.