By Wise H.B. No. 2250
75R5635 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to child protective services provided by the Department of
1-3 Protective and Regulatory Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 261.105(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) All reports received by a local or state law enforcement
1-8 agency that allege abuse or neglect by a person responsible for a
1-9 child's care, custody, or welfare shall be referred immediately to
1-10 the department or the designated agency.
1-11 SECTION 2. Section 261.301(a), Family Code, is amended to
1-12 read as follows:
1-13 (a) With assistance from the appropriate state or local law
1-14 enforcement agency, the [The] department or designated agency shall
1-15 make a prompt and thorough investigation of a report of child
1-16 abuse or neglect allegedly committed by a person responsible for a
1-17 child's care, custody, or welfare.
1-18 SECTION 3. Section 40.052, Human Resources Code, is amended
1-19 to read as follows:
1-20 Sec. 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
1-21 department shall:
1-22 (1) propose and implement service delivery standards
1-23 for departmental programs;
1-24 (2) provide training and technical assistance to
2-1 regional and local service providers;
2-2 (3) provide joint training on the investigation of
2-3 reports of child abuse or neglect to department personnel and law
2-4 enforcement personnel in appropriate state and local law
2-5 enforcement agencies;
2-6 (4) develop and implement systems for monitoring
2-7 departmental program performance and service delivery;
2-8 (5) [(4)] promote innovative service delivery at the
2-9 local level; and
2-10 (6) [(5)] cooperate and coordinate as appropriate with
2-11 other governmental entities in the delivery of services.
2-12 SECTION 4. Subchapter C, Chapter 40, Human Resources Code,
2-13 is amended by adding Sections 40.0521 and 40.0522 to read as
2-14 follows:
2-15 Sec. 40.0521. COMMUNITY EDUCATION AND TRAINING RELATING TO
2-16 CHILD ABUSE OR NEGLECT. (a) The department shall conduct
2-17 community education programs designed to improve participation of
2-18 the general public in preventing, identifying, and treating cases
2-19 of child abuse or neglect.
2-20 (b) The department shall make training concerning child
2-21 abuse or neglect available to professionals who are required by law
2-22 to report, investigate, or litigate those cases.
2-23 Sec. 40.0522. MULTIDISCIPLINARY TEAMS. (a) To the extent
2-24 possible, the department shall establish multidisciplinary teams to
2-25 provide services relating to a report of child abuse or neglect. A
2-26 multidisciplinary team shall include professionals in each
2-27 professional discipline necessary to provide comprehensive medical
3-1 and psychological services to a child who is the subject of a
3-2 report and to members of the child's household.
3-3 (b) Members of a multidisciplinary team may exchange
3-4 information relating to a report of child abuse or neglect as
3-5 necessary to facilitate a thorough investigation of the report.
3-6 The department may adopt rules governing the exchange of
3-7 information between team members.
3-8 (c) A multidisciplinary team established under this section
3-9 shall coordinate services provided by the department to a child and
3-10 to members of the child's household with services available from
3-11 other sources, including public and private agencies in the
3-12 community. The goal of the multidisciplinary team is to provide
3-13 the greatest range of services possible without duplication of
3-14 effort.
3-15 (d) The department shall establish a process by which
3-16 members of a multidisciplinary team are involved in the
3-17 department's development and implementation of procedures relating
3-18 to coordination of the department's child abuse or neglect services
3-19 with services provided by other public and private agencies.
3-20 SECTION 5. Section 40.061(a), Human Resources Code, is
3-21 amended to read as follows:
3-22 (a) A department employee, a member of a multidisciplinary
3-23 team established under Section 40.0522, or an authorized department
3-24 volunteer who performs a departmental duty or responsibility is
3-25 immune from civil or criminal liability for any act or omission
3-26 that relates to the duty or responsibility if the person acted in
3-27 good faith and within the scope of the person's authority.
4-1 SECTION 6. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.