By: Brown S.B. No. 359
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and operation of the Department of
1-2 Protective and Regulatory Services, the provision of services to
1-3 children and families, and suits affecting the parent-child
1-4 relationship; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 40.003, Human Resources Code, is amended
1-7 to read as follows:
1-8 Sec. 40.003. SUNSET PROVISION. The Department of Protective
1-9 and Regulatory Services is subject to Chapter 325, Government Code
1-10 (Texas Sunset Act). Unless continued in existence as provided by
1-11 that chapter, the department is abolished and this chapter expires
1-12 September 1, 2009 [1997].
1-13 SECTION 2. Subchapter A, Chapter 40, Human Resources Code,
1-14 is amended by amending Section 40.004 and adding Section 40.0041 to
1-15 read as follows:
1-16 Sec. 40.004. PUBLIC INTEREST INFORMATION [AND COMPLAINTS].
1-17 (a) The board [department] shall develop and implement policies
1-18 that provide the public with a reasonable opportunity to appear
1-19 before the board [department] and to speak on any issue under the
1-20 jurisdiction of the department.
1-21 (b) The department shall prepare information of public
1-22 interest describing the functions of the department [and the
1-23 department's procedures by which complaints are filed with and
2-1 resolved by the department]. The department shall make the
2-2 information available to the public and appropriate state agencies.
2-3 [(c) The department by rule shall establish methods by which
2-4 the public, consumers, and service recipients can be notified of
2-5 the mailing addresses and telephone numbers of appropriate
2-6 departmental personnel for the purpose of directing complaints to
2-7 the department. The department may provide for that notification:]
2-8 [(1) on each registration form, application, or
2-9 written contract for services of a person regulated by the
2-10 department;]
2-11 [(2) on a sign prominently displayed in the place of
2-12 business of each person regulated by the department; or]
2-13 [(3) in a bill for a service provided by a person
2-14 regulated by the department.]
2-15 [(d) The department shall keep an information file about
2-16 each complaint filed with the department relating to:]
2-17 [(1) a license holder or entity regulated by the
2-18 department; or]
2-19 [(2) a service delivered by the department.]
2-20 [(e) If a written complaint is filed with the department
2-21 relating to a license holder or entity regulated by the department
2-22 or a service delivered by the department, the department, at least
2-23 quarterly and until final disposition of the complaint, shall
2-24 notify the parties to the complaint of the status of the complaint
2-25 unless notice would jeopardize an undercover investigation.]
3-1 Sec. 40.0041. COMPLAINT PROCESS. (a) The department shall
3-2 develop and implement a uniform process for receiving and resolving
3-3 complaints against the department throughout the state. The
3-4 process shall include:
3-5 (1) statewide procedures through which the public,
3-6 consumers, and service recipients are informed:
3-7 (A) of the right to make a complaint against the
3-8 department, including the mailing addresses and telephone numbers
3-9 of appropriate department personnel responsible for receiving
3-10 complaints and providing related assistance; and
3-11 (B) of the department's procedures for resolving
3-12 a complaint, including the right to appeal a decision made at the
3-13 local level;
3-14 (2) development and statewide distribution of a form
3-15 or telephone system that may be used to make a complaint;
3-16 (3) a requirement that the department provide
3-17 information by mail or telephone regarding the department's
3-18 procedures for investigating and resolving a complaint to each
3-19 person who makes a complaint; and
3-20 (4) a requirement that the department provide status
3-21 information at least quarterly to a person with a pending complaint
3-22 against the department, unless the information would jeopardize an
3-23 undercover investigation.
3-24 (b) In addition to other appropriate methods, the department
3-25 may provide the information specified by Subsection (a)(1):
4-1 (1) on each registration form, application, or written
4-2 contract for services of a person regulated by the department;
4-3 (2) on a sign prominently displayed in the place of
4-4 business of each person regulated by the department; or
4-5 (3) in a bill for service provided by a person
4-6 regulated by the department.
4-7 (c) The department shall keep an information file about each
4-8 complaint made against the department that the department has
4-9 authority to resolve.
4-10 (d) The executive director shall develop a consistent,
4-11 statewide process for addressing an appeal by a person dissatisfied
4-12 with the resolution of a complaint at the regional level. The
4-13 process may not include the ruling on an appeal of a complaint by
4-14 the department's ombudsman office.
4-15 (e) The department shall develop and maintain a centralized
4-16 tracking system to gather information concerning all complaints
4-17 made against the department throughout the state. The department
4-18 shall require its personnel to provide information regarding each
4-19 complaint for inclusion in records maintained under the tracking
4-20 system at the department's state headquarters, regardless of the
4-21 location or level at which the complaint is initiated or resolved.
4-22 The department shall require at least the following information to
4-23 be maintained for each complaint:
4-24 (1) the date the complaint is received;
4-25 (2) the name of the person making the complaint;
5-1 (3) the subject matter of the complaint;
5-2 (4) a record of all persons contacted by the
5-3 department in relation to the complaint;
5-4 (5) a summary of the results of the review or
5-5 investigation of the complaint; and
5-6 (6) for each complaint determined by the department to
5-7 require no corrective action, an explanation of the reason that the
5-8 complaint was closed without action.
5-9 (f) The department shall periodically prepare and deliver
5-10 reports to the board and the executive director regarding the
5-11 number, type, and resolution of complaints made in the state
5-12 against the department.
5-13 SECTION 3. Subchapter A, Chapter 40, Human Resources Code,
5-14 is amended by adding Section 40.008 to read as follows:
5-15 Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall
5-16 comply with federal and state laws related to program and facility
5-17 accessibility. The department shall also prepare and maintain a
5-18 written plan that describes how a person who does not speak English
5-19 can be provided reasonable access to the department's programs and
5-20 services.
5-21 SECTION 4. Subsection (a), Section 40.021, Human Resources
5-22 Code, is amended to read as follows:
5-23 (a) The board is composed of six members appointed by the
5-24 governor with the advice and consent of the senate. The governor
5-25 shall [annually] designate one member to be the presiding officer
6-1 of the board to serve in that capacity at the pleasure of the
6-2 governor.
6-3 SECTION 5. Section 40.022, Human Resources Code, is amended
6-4 to read as follows:
6-5 Sec. 40.022. Restrictions on Board Appointment or
6-6 Membership. (a) A person is not eligible for appointment as a
6-7 member of the board if the person or the person's spouse:
6-8 (1) is a person who is employed by or participates in
6-9 the management of a business entity or other organization regulated
6-10 by the department or receiving funds [a substantial amount of
6-11 money] from the department;
6-12 (2) owns or controls, directly or indirectly, more
6-13 than a 10 percent interest in a business entity or other
6-14 organization that is regulated by the department or that receives
6-15 funds [money] from the department;
6-16 (3) uses or receives a substantial amount of tangible
6-17 goods, services, or money from the department, other than
6-18 compensation or reimbursement authorized by law for board
6-19 membership, attendance, or expenses [incurred as a board member],
6-20 or as a client or a parent or guardian of a client receiving
6-21 services from the department; or
6-22 (4) is an employee, officer, or paid consultant of a
6-23 trade association in a field under the jurisdiction of the
6-24 department.
6-25 (b) In addition to the requirements of Subsection (a), a
7-1 person is not eligible for appointment as a public member of the
7-2 board if the person or the person's spouse is registered,
7-3 certified, or licensed by an occupational regulatory agency in a
7-4 field under the jurisdiction of the department. [A person who is
7-5 required to register as a lobbyist under Chapter 305, Government
7-6 Code, because of the person's activities for compensation in or for
7-7 a profession related to the operation of the department may not
7-8 serve as a member of the board.]
7-9 SECTION 6. Subchapter B, Chapter 40, Human Resources Code,
7-10 is amended by adding Section 40.0225 to read as follows:
7-11 Sec. 40.0225. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
7-12 (a) An officer, employee, or paid consultant of a Texas trade
7-13 association in a field under the jurisdiction of the department may
7-14 not be a member of the board or an employee of the department who
7-15 is exempt from the state's position classification plan or is
7-16 compensated at or above the amount prescribed by the General
7-17 Appropriations Act for step 1, salary group 17, of the position
7-18 classification salary schedule.
7-19 (b) A person who is the spouse of an officer, manager, or
7-20 paid consultant of a Texas trade association in a field under the
7-21 jurisdiction of the department may not be a member of the board and
7-22 may not be an employee of the department who is exempt from the
7-23 state's position classification plan or is compensated at or above
7-24 the amount prescribed by the General Appropriations Act for step 1,
7-25 salary group 17, of the position classification salary schedule.
8-1 (c) A person may not serve as a member of the board or act
8-2 as the general counsel to the board or the department if the person
8-3 is required to register as a lobbyist under Chapter 305, Government
8-4 Code, because of the person's activities for compensation on behalf
8-5 of a profession related to the operation of the department.
8-6 (d) For the purposes of this section, a Texas trade
8-7 association is a nonprofit, cooperative, and voluntarily joined
8-8 association of business or professional competitors in this state
8-9 designed to assist its members and its industry or profession in
8-10 dealing with mutual business or professional problems and in
8-11 promoting their common interest.
8-12 SECTION 7. Subchapter B, Chapter 40, Human Resources Code,
8-13 is amended by adding Section 40.0226 to read as follows:
8-14 Sec. 40.0226. BOARD MEMBER TRAINING. (a) Before a member
8-15 of the board may assume the member's duties and before the member
8-16 may be confirmed by the senate, the member must complete at least
8-17 one course of the training program established under this section.
8-18 (b) A training program established under this section shall
8-19 provide information to the member regarding:
8-20 (1) the enabling legislation that created the
8-21 department and the board;
8-22 (2) the programs operated by the department;
8-23 (3) the role and functions of the department;
8-24 (4) the rules of the department, with an emphasis on
8-25 the rules that relate to disciplinary and investigatory authority;
9-1 (5) the current budget for the department;
9-2 (6) the results of the most recent formal audit of the
9-3 department;
9-4 (7) the requirements of the:
9-5 (A) open meetings law, Chapter 551, Government
9-6 Code;
9-7 (B) open records law, Chapter 552, Government
9-8 Code; and
9-9 (C) administrative procedure law, Chapter 2001,
9-10 Government Code;
9-11 (8) the requirements of the conflict-of-interest laws
9-12 and other laws relating to public officials; and
9-13 (9) any applicable ethics policies adopted by the
9-14 board or the Texas Ethics Commission.
9-15 SECTION 8. Subsection (b), Section 40.028, Human Resources
9-16 Code, is amended to read as follows:
9-17 (b) The board shall:
9-18 (1) supervise the executive director's administration
9-19 and enforcement of the laws of this state that impose duties on the
9-20 department or board; and
9-21 (2) develop and implement policies that clearly
9-22 separate the policymaking [respective] responsibilities of the
9-23 board and the management responsibilities of the executive director
9-24 and the staff of the department.
9-25 SECTION 9. Subchapter B, Chapter 40, Human Resources Code,
10-1 is amended by adding Section 40.0305 to read as follows:
10-2 Sec. 40.0305. STRATEGIC TECHNOLOGY STEERING COMMITTEE.
10-3 (a) The department shall establish a strategic technology steering
10-4 committee within the department to evaluate major information
10-5 technology project proposals.
10-6 (b) The steering committee shall consist of the department's
10-7 information resources manager and other department employees
10-8 designated by the executive director from senior management,
10-9 information technology staff, and employees who are primary users
10-10 of information resources. The information resources manager shall
10-11 serve as presiding officer of the committee.
10-12 (c) The steering committee shall prioritize the department's
10-13 major information technology project proposals and provide
10-14 oversight and coordination of the projects.
10-15 (d) In evaluating major information technology project
10-16 proposals, the steering committee shall:
10-17 (1) assess the major information needs of the
10-18 department;
10-19 (2) define standard criteria for setting priorities
10-20 for the department's information needs;
10-21 (3) forecast the returns to the department on project
10-22 investments;
10-23 (4) evaluate the department's available information
10-24 resources; and
10-25 (5) review, approve, and evaluate the status of
11-1 projected costs and benefits related to project proposals.
11-2 (e) The steering committee shall make recommendations to the
11-3 executive director based on the committee's performance of its
11-4 duties.
11-5 SECTION 10. Section 40.032, Human Resources Code, is amended
11-6 to read as follows:
11-7 Sec. 40.032. PERSONNEL. (a) The executive director may
11-8 employ personnel necessary to administer the department's duties.
11-9 (b) The executive director or the executive director's
11-10 designated representative shall develop an intradepartmental career
11-11 ladder program that addresses opportunities for mobility and
11-12 advancement for employees within the department. The program[, one
11-13 part of which] shall require the intradepartmental posting of all
11-14 [non-entry-level] positions concurrently with any public posting.
11-15 (c) The executive director or the executive director's
11-16 designated representative shall develop a system of annual
11-17 performance evaluations based on measurable job tasks. All merit
11-18 pay for department employees must be based on the system
11-19 established under this subsection.
11-20 (d) The executive director or the executive director's
11-21 designated representative shall provide to members of the board and
11-22 to the department's employees, as often as is necessary,
11-23 information regarding their qualifications for office or employment
11-24 under this chapter and their responsibilities under applicable laws
11-25 relating to standards of conduct for state officers or employees.
12-1 (e) The executive director or the executive director's
12-2 designated representative shall prepare and maintain a written
12-3 policy statement to ensure implementation of a program of equal
12-4 employment opportunity under which all personnel transactions are
12-5 made without regard to race, color, disability, sex, religion, age,
12-6 or national origin. The policy statement must include:
12-7 (1) personnel policies, including policies relating to
12-8 recruitment, evaluation, selection, appointment, training, and
12-9 promotion of personnel, that comply with Chapter 21, Labor Code;
12-10 (2) a comprehensive analysis of the department's
12-11 workforce that meets federal and state guidelines;
12-12 (3) procedures by which a determination can be made
12-13 about the extent of [significant] underuse in the department's
12-14 workforce of all persons for whom federal or state guidelines
12-15 encourage a more equitable balance; and
12-16 (4) reasonable methods to appropriately address those
12-17 areas of [significant] underuse [in the department's workforce of
12-18 all persons for whom federal or state guidelines encourage a more
12-19 equitable balance].
12-20 (f) The policy statement required under Subsection (e)
12-21 shall:
12-22 (1) be filed with the governor's office;
12-23 (2) [,] cover an annual period;
12-24 (3) [, and] be updated at least annually; and
12-25 (4) be reviewed by the Commission on Human Rights for
13-1 compliance with Subsection (e)(1).
13-2 (g) The governor's office shall develop and deliver a
13-3 biennial report to the legislature based on the information
13-4 submitted under Subsection (f). The report may be made separately
13-5 or as a part of other biennial reports made to the legislature.
13-6 SECTION 11. Subchapter C, Chapter 40, Human Resources Code,
13-7 is amended by adding Section 40.0525 to read as follows:
13-8 Sec. 40.0525. SEPARATION OF INVESTIGATORY AND SERVICE
13-9 DELIVERY FUNCTIONS. (a) To the extent feasible, the department
13-10 shall separate the performance of investigations by department
13-11 employees from the delivery of services to clients and their
13-12 families. The department may take into consideration the needs and
13-13 caseloads in the different programs and regions of the state in
13-14 developing policies for the separation of the department's
13-15 investigatory and service delivery functions.
13-16 (b) The department shall develop policies and procedures for
13-17 the exchange of information between employees who are responsible
13-18 for performing investigations and employees who are responsible for
13-19 the delivery of services to clients and families.
13-20 (c) This section does not require the department to
13-21 establish separate departments for investigations and service
13-22 delivery.
13-23 SECTION 12. Subchapter C, Chapter 40, Human Resources Code,
13-24 is amended by adding Sections 40.0563, 40.0564, and 40.0565 to read
13-25 as follows:
14-1 Sec. 40.0563. COUNTY OUTREACH PROGRAM. (a) The department
14-2 shall develop and implement a standard statewide outreach program
14-3 under which the department:
14-4 (1) informs each county of the availability of federal
14-5 funds to pay costs of providing child protective services within
14-6 the county; and
14-7 (2) provides technical assistance on request to a
14-8 county seeking federal funds.
14-9 (b) In implementing the program, the department shall:
14-10 (1) designate local department personnel responsible
14-11 for performing the functions specified in Subsection (a);
14-12 (2) designate a statewide coordinator responsible for
14-13 coordinating the activities of local department personnel and
14-14 developing methods of providing information to counties; and
14-15 (3) develop a database that:
14-16 (A) identifies department and county personnel
14-17 involved with the outreach program; and
14-18 (B) contains information regarding the date and
14-19 type of assistance provided by the department to each county.
14-20 (c) The department, in consultation with the Legislative
14-21 Budget Board, shall ensure that a record is maintained of the
14-22 amount of funding for child protective services that each county
14-23 receives directly from the federal government.
14-24 Sec. 40.0564. DEPARTMENT FUNDS. All money paid to the
14-25 department under this chapter is subject to Subchapter F, Chapter
15-1 404, Government Code.
15-2 Sec. 40.0565. REPORT. The department shall file with the
15-3 governor and the presiding officer of each house of the legislature
15-4 a complete and detailed written report accounting for all funds
15-5 received and disbursed by the department during the preceding
15-6 fiscal year. The annual report must meet the reporting
15-7 requirements, including reporting deadlines, applicable to
15-8 financial reporting in the General Appropriations Act.
15-9 SECTION 13. Section 40.058, Human Resources Code, is amended
15-10 to read as follows:
15-11 Sec. 40.058. Contracts and Agreements. (a) The department
15-12 may enter into contracts or agreements with any person, including a
15-13 federal, state, or other public or private agency, as necessary to
15-14 perform any of the department's powers or duties.
15-15 (b) A contract for the purchase of program-related client
15-16 services must include:
15-17 (1) clearly defined goals and outcomes that can be
15-18 measured to determine whether the objectives of the program are
15-19 being achieved;
15-20 (2) clearly defined sanctions or penalties for
15-21 noncompliance with contract terms; and
15-22 (3) clearly specified accounting, reporting, and
15-23 auditing requirements applicable to money received under the
15-24 contract.
15-25 (c) The department shall monitor a contractor's performance
16-1 under a contract for the purchase of program-related client
16-2 services. In monitoring performance, the department shall:
16-3 (1) use a risk-assessment methodology to ensure
16-4 compliance with financial and performance requirements under the
16-5 contract; and
16-6 (2) obtain and evaluate program cost information to
16-7 ensure that all costs, including administrative costs, are
16-8 reasonable and necessary to achieve program objectives.
16-9 (d) An agreement made under this section is not subject to
16-10 Chapter 771, Government Code.
16-11 SECTION 14. Section 40.061, Human Resources Code, is amended
16-12 by adding Subsection (c) to read as follows:
16-13 (c) This section does not provide immunity to a department
16-14 employee who, in a suit affecting the parent-child relationship in
16-15 which child abuse is alleged or that arises out of a child abuse
16-16 investigation or in a criminal prosecution for an offense in which
16-17 child abuse is an element, commits or attempts to commit perjury,
16-18 fabricates or attempts to fabricate evidence, or knowingly conceals
16-19 information that would establish that a person alleged to have
16-20 committed an act of child abuse did not commit child abuse.
16-21 SECTION 15. Subchapter C, Chapter 40, Human Resources Code,
16-22 is amended by adding Sections 40.066 and 40.067 to read as follows:
16-23 Sec. 40.066. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
16-24 HEARINGS. (a) Except as provided by Subsection (e), the
16-25 department and the chief administrative law judge of the State
17-1 Office of Administrative Hearings shall adopt a memorandum of
17-2 understanding under which the State Office of Administrative
17-3 Hearings, on behalf of the department, conducts all contested case
17-4 hearings authorized or required by law to be conducted by the
17-5 department under the administrative procedure law, Chapter 2001,
17-6 Government Code.
17-7 (b) The memorandum of understanding shall require the chief
17-8 administrative law judge, the department, and the executive
17-9 director to cooperate in connection with a contested case hearing
17-10 and may authorize the State Office of Administrative Hearings to
17-11 perform any administrative act, including giving of notice, that is
17-12 required to be performed by the department or executive director.
17-13 (c) The administrative law judge who conducts a contested
17-14 case hearing for the State Office of Administrative Hearings on
17-15 behalf of the department shall enter the final decision in the case
17-16 after completion of the hearing.
17-17 (d) The department by interagency contract shall reimburse
17-18 the State Office of Administrative Hearings for the costs incurred
17-19 in conducting contested case hearings for the department. The
17-20 department may pay an hourly fee for the costs of conducting those
17-21 hearings or a fixed annual fee negotiated biennially by the
17-22 department and the State Office of Administrative Hearings to
17-23 coincide with the department's legislative appropriations request.
17-24 (e) This section does not apply to a personnel grievance
17-25 hearing involving a department employee.
18-1 Sec. 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED
18-2 MEXICAN STATES. The department shall:
18-3 (1) study issues related to providing child and adult
18-4 protective services in areas bordering the United Mexican States;
18-5 (2) develop a plan for providing those services in the
18-6 most efficient manner; and
18-7 (3) pursue and enter into agreements for coordinated
18-8 services, to the extent permissible under federal law, with the
18-9 United Mexican States or any of its political subdivisions.
18-10 SECTION 16. Section 42.002, Human Resources Code, is amended
18-11 by amending Subdivisions (3) and (9) and adding Subdivisions (16)
18-12 and (17) to read as follows:
18-13 (3) "Child-care facility" means a facility licensed,
18-14 certified, or registered by the department to provide assessment,
18-15 [that provides] care, training, education, custody, treatment, or
18-16 supervision for a child who is not related by blood, marriage, or
18-17 adoption to the owner or operator of the facility, for all or part
18-18 of the 24-hour day, whether or not the facility is operated for
18-19 profit or charges for the services it offers.
18-20 (9) "Family home" means a home that [regularly]
18-21 provides regular care in the caretaker's own residence for not more
18-22 than six children under 14 years of age, excluding [the caretaker's
18-23 own] children who are related to the caretaker, and that provides
18-24 care after school hours for not more than six additional elementary
18-25 school children, but the total number of children, including
19-1 children who are related to the caretaker [the caretaker's own],
19-2 does not exceed 12 at any given time. The term does not include a
19-3 home that provides care exclusively for any number of children who
19-4 are related to the caretaker.
19-5 (16) "Children who are related to the caretaker" means
19-6 children who are the children, grandchildren, siblings,
19-7 great-grandchildren, nieces, or nephews of the caretaker, whether
19-8 by affinity or consanguinity or as the result of a relationship
19-9 created by court decree.
19-10 (17) "Regular care" means care that is provided at
19-11 least four hours a day, three or more days a week, for more than
19-12 nine consecutive weeks.
19-13 SECTION 17. Subsections (e) and (l), Section 42.042, Human
19-14 Resources Code, are amended to read as follows:
19-15 (e) The department shall promulgate minimum standards that
19-16 apply to licensed child-care facilities and to registered family
19-17 homes covered by this chapter and that will:
19-18 (1) promote the health, safety, and welfare of
19-19 children attending a facility or registered family home;
19-20 (2) promote safe, comfortable, and healthy physical
19-21 facilities and registered family homes for children;
19-22 (3) ensure adequate supervision of children by
19-23 capable, qualified, and healthy personnel;
19-24 (4) ensure adequate and healthy food service where
19-25 food service is offered;
20-1 (5) prohibit racial discrimination by child-care
20-2 facilities and registered family homes; and
20-3 (6) require procedures for parental and guardian
20-4 consultation in the formulation of children's educational and
20-5 therapeutic programs.
20-6 (l) In promulgating [The department shall adopt] minimum
20-7 standards for the regulation of [regulating] family homes that
20-8 register with the division, the department[. The rules] must
20-9 address the minimum qualifications, education, and training
20-10 required of a person who operates a family home registered with the
20-11 division.
20-12 SECTION 18. Subchapter C, Chapter 42, Human Resources Code,
20-13 is amended by adding Section 42.0425 to read as follows:
20-14 Sec. 42.0425. ASSESSMENT SERVICES. (a) The department by
20-15 rule shall regulate assessment services provided by child-care
20-16 facilities or child-placing agencies. A child-care facility or
20-17 child-placing agency may not provide assessment services unless
20-18 specifically authorized by the department.
20-19 (b) The department by rule shall establish minimum standards
20-20 for assessment services. The standards must provide that
20-21 consideration is given to the individual needs of a child, the
20-22 appropriate place for provision of services, and the factors listed
20-23 in Section 42.042(e).
20-24 (c) In this section, "assessment services" means the
20-25 determination of the placement needs of a child who requires
21-1 substitute care.
21-2 SECTION 19. Subchapter C, Chapter 42, Human Resources Code,
21-3 is amended by adding Section 42.0505 to read as follows:
21-4 Sec. 42.0505. RENEWAL OF LICENSE. (a) A person who is
21-5 otherwise eligible to renew a license may renew an unexpired
21-6 license by paying the required annual fee to the department before
21-7 the expiration date of the license. A person whose license has
21-8 expired may not engage in activities that require a license until
21-9 the license has been renewed under the provisions of this section.
21-10 (b) If the person's license has been expired for 90 days or
21-11 less, the person may renew the license by paying to the department
21-12 1-1/2 times the required annual fee.
21-13 (c) If the person's license has been expired for longer than
21-14 90 days but less than one year, the person may renew the license by
21-15 paying to the department two times the required annual fee.
21-16 (d) If the person's license has been expired for one year or
21-17 longer, the person may not renew the license. The person may
21-18 obtain a new license by complying with the requirements and
21-19 procedures for obtaining an original license.
21-20 (e) If the person was licensed in this state, moved to
21-21 another state, and is currently licensed and has been in practice
21-22 in the other state for the two years preceding application, the
21-23 person may renew an expired license without reexamination. The
21-24 person must pay to the department a fee that is equal to two times
21-25 the required annual fee for the license.
22-1 (f) At least 30 days before the expiration of a person's
22-2 license, the department shall send written notice of the impending
22-3 license expiration to the person at the license holder's last known
22-4 address according to the records of the department.
22-5 SECTION 20. Subsection (b), Section 42.044, Human Resources
22-6 Code, is amended to read as follows:
22-7 (b) The department [division] shall inspect all licensed or
22-8 certified facilities at least once a year and may inspect other
22-9 facilities or registered family homes as necessary. At least one
22-10 of the annual visits must be unannounced and all may be
22-11 unannounced.
22-12 SECTION 21. Subchapter C, Chapter 42, Human Resources Code,
22-13 is amended by adding Sections 42.0441 and 42.0442 to read as
22-14 follows:
22-15 Sec. 42.0441. COORDINATION OF INSPECTIONS; ELIMINATION OF
22-16 DUPLICATIVE INSPECTIONS. (a) The department shall coordinate
22-17 child-care facility inspections performed by an agency or
22-18 subdivision of the state to eliminate redundant inspections.
22-19 (b) An inspection of a child-care facility conducted by an
22-20 agency or subdivision of the state may not duplicate an inspection
22-21 conducted by another agency or subdivision. The department shall
22-22 assign items that may be inspected by more than one agency or
22-23 subdivision of the state to only one agency or subdivision.
22-24 (c) The department, with the assistance of the comptroller,
22-25 by rule shall adopt each inspection form used in inspecting a
23-1 child-care facility by an agency or subdivision of the state. The
23-2 forms must be designed to eliminate redundant inspections.
23-3 Sec. 42.0442. INSPECTION INFORMATION DATABASE. (a) The
23-4 department shall establish a computerized database containing the
23-5 information from each inspection of a child-care facility.
23-6 (b) After an agency or subdivision of the state inspects a
23-7 child-care facility, the agency or subdivision shall submit the
23-8 completed inspection form to the department. The department shall
23-9 add the information from the inspection to the computerized
23-10 database.
23-11 SECTION 22. Section 42.046, Human Resources Code, is amended
23-12 by amending Subsection (a) and the section heading to read as
23-13 follows:
23-14 Sec. 42.046. [LICENSE] APPLICATION FOR LICENSE OR
23-15 REGISTRATION. (a) An applicant for a license to operate a
23-16 child-care facility or child-placing agency or for a registration
23-17 to operate a family home shall submit to the department [division]
23-18 the appropriate fee prescribed by Section 42.054 of this code and a
23-19 completed application on a form provided by the department
23-20 [division].
23-21 SECTION 23. Subchapter C, Chapter 42, Human Resources Code,
23-22 is amended by adding Section 42.0461 to read as follows:
23-23 Sec. 42.0461. LICENSES RELATING TO SUBSTITUTE CARE.
23-24 (a) Before issuing a license to an entity that provides substitute
23-25 care services, including a child-care institution, child-placing
24-1 agency, foster group home, foster family home, agency group home,
24-2 and agency home or expanding the entity's capacity under a license,
24-3 the department shall:
24-4 (1) require the applicant or license holder to publish
24-5 notice in compliance with Subsection (b);
24-6 (2) conduct a public hearing on whether the proposed
24-7 action should be taken; and
24-8 (3) determine:
24-9 (A) the degree of community support for the
24-10 proposed action;
24-11 (B) the amount of local resources available to
24-12 support children proposed to be served by the entity;
24-13 (C) the impact of the proposed action on the
24-14 ratio in the local school district of students enrolled in a
24-15 special education program to students enrolled in a regular
24-16 education program; and
24-17 (D) the impact of the proposed action on the
24-18 local community.
24-19 (b) An applicant for a license to provide substitute care
24-20 services or a license holder seeking expansion of capacity under
24-21 the license shall publish notice of the proposed action in a
24-22 newspaper of general circulation in the community in which the
24-23 substitute care services are proposed to be provided. The notice
24-24 must be published at least one week before the date of the public
24-25 hearing required by Subsection (a) and must include:
25-1 (1) the name and address of the applicant or license
25-2 holder;
25-3 (2) the address at which the substitute care services
25-4 are proposed to be provided;
25-5 (3) the date and location of the public hearing; and
25-6 (4) the name, address, and telephone number of the
25-7 department as the state agency with authority to approve or deny
25-8 the proposed action.
25-9 (c) The department may deny a license to an entity seeking
25-10 to provide substitute care services or deny a request to expand
25-11 such an entity's capacity under a license if the department
25-12 determines that:
25-13 (1) the community in which the substitute care
25-14 services are proposed to be provided does not predominately support
25-15 the issuance of the license or expansion of capacity;
25-16 (2) sufficient local resources are not available in
25-17 that community to support children proposed to be served by the
25-18 entity;
25-19 (3) the issuance of the license or expansion of
25-20 capacity would significantly increase the ratio in the local school
25-21 district serving that community of students enrolled in a special
25-22 education program to students enrolled in a regular education
25-23 program; or
25-24 (4) the issuance of the license or expansion of
25-25 capacity would have a significant adverse impact on that community.
26-1 (d) This section does not require the department to conduct
26-2 a public hearing or make the determinations required by Subsection
26-3 (a)(3) in connection with the verification or certification of an
26-4 agency group home, agency home, or any foster home verified or
26-5 certified by the department.
26-6 SECTION 24. Section 42.052, Human Resources Code, is amended
26-7 by amending Subsection (c) and adding Subsection (h) to read as
26-8 follows:
26-9 (c) A family home that provides care for three or fewer
26-10 children, excluding [the caretaker's own] children who are related
26-11 to the caretaker, may register with the department [division]. A
26-12 family home that provides care for four or more children, excluding
26-13 [the caretaker's own] children who are related to the caretaker,
26-14 shall [must] register with the department [division]. A
26-15 registration remains valid until revoked or surrendered. The
26-16 operator of a registered home must display the registration in a
26-17 prominent place at the home.
26-18 (h) The department by rule may provide for denial of an
26-19 application for registering a family home or may revoke a family
26-20 home's registration based on the results of a background or
26-21 criminal history check.
26-22 SECTION 25. Subchapter C, Chapter 42, Human Resources Code,
26-23 is amended by adding Sections 42.057 and 42.058 to read as follows:
26-24 Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY
26-25 CHECKS. (a) In accordance with rules adopted by the department,
27-1 the operator of a family home shall, when the operator applies for
27-2 registration and at least once during each 24 months after
27-3 registration, submit to the department for use in conducting
27-4 background and criminal history checks:
27-5 (1) the name of the owner and each person employed at
27-6 the family home; and
27-7 (2) the name of each resident of the home and any
27-8 other person who will regularly or frequently be staying or working
27-9 at the home while children are being provided care.
27-10 (b) The department shall conduct background and criminal
27-11 history checks using:
27-12 (1) the information provided under Subsection (a);
27-13 (2) the information made available by the Department
27-14 of Public Safety under Section 411.114, Government Code; and
27-15 (3) the department's records of reported abuse and
27-16 neglect.
27-17 (c) The department by rule shall require a family home to
27-18 pay to the department a fee in an amount not to exceed the
27-19 administrative costs the department incurs in conducting a
27-20 background and criminal history check under this section.
27-21 Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES.
27-22 (a) The board may not adopt rules restricting competitive bidding
27-23 or advertising by a license holder or registration holder except to
27-24 prohibit false, misleading, or deceptive practices or to prevent a
27-25 violation of this chapter.
28-1 (b) In its rules to prohibit false, misleading, or deceptive
28-2 practices, the board may not include a rule that:
28-3 (1) restricts the use of any medium for advertising;
28-4 (2) restricts the use of a license holder's or
28-5 registration holder's personal appearance or voice in an
28-6 advertisement;
28-7 (3) relates to the size or duration of an
28-8 advertisement by the license holder or registration holder; or
28-9 (4) restricts the license holder's or registration
28-10 holder's advertisement under a trade name.
28-11 SECTION 26. Subchapter D, Chapter 42, Human Resources Code,
28-12 is amended by adding Section 42.0705 to read as follows:
28-13 Sec. 42.0705. RANGE OF PENALTIES. The department shall
28-14 revoke, suspend, or refuse to renew a license or certificate of
28-15 registration, place on probation a person whose license or
28-16 certificate of registration has been suspended, or reprimand a
28-17 license holder or registration holder for a violation of this
28-18 chapter or a rule of the board. If a license or certificate of
28-19 registration suspension is probated, the department may require the
28-20 license holder or registration holder to:
28-21 (1) report regularly to the department on matters that
28-22 are the basis of the probation;
28-23 (2) limit practice to the areas prescribed by the
28-24 department;
28-25 (3) continue or review professional education until
29-1 the license holder or registration holder attains a degree of skill
29-2 satisfactory to the department in those areas that are the basis of
29-3 the probation; or
29-4 (4) take corrective action relating to the violation
29-5 on which the probation is based.
29-6 SECTION 27. Section 42.071, Human Resources Code, is amended
29-7 to read as follows:
29-8 Sec. 42.071. [LICENSE] SUSPENSION, EVALUATION, OR PROBATION
29-9 OF LICENSE OR REGISTRATION. (a) The department [division] may
29-10 suspend the license of a facility or the registration of a family
29-11 home that has temporarily ceased operation but has definite plans
29-12 for starting operations again within the time limits of the issued
29-13 license or registration.
29-14 (b) The department [division] may suspend a facility's
29-15 license or a family home's registration for a definite period
29-16 rather than deny or revoke the license or registration if the
29-17 department [division] finds repeated noncompliance with standards
29-18 that do not endanger the health and safety of children. To qualify
29-19 for license or registration suspension under this subsection, a
29-20 facility or family home must suspend its operations and show that
29-21 standards can be met within the suspension period.
29-22 (c) If the department [division] finds a facility or family
29-23 home is in repeated noncompliance with standards that do not
29-24 endanger the health and safety of children, the department
29-25 [division] may schedule the facility or family home for evaluation
30-1 or probation rather than suspend or revoke the facility's license
30-2 or the family home's registration. The department [division] shall
30-3 provide notice to the facility or family home of the evaluation or
30-4 probation and of the items of noncompliance not later than the 10th
30-5 day before the evaluation or probation period begins. The
30-6 department [division] shall designate a period of not less than 30
30-7 days during which the facility or family home will remain under
30-8 evaluation. During the evaluation or probation period, the
30-9 facility or family home must correct the items that were in
30-10 noncompliance and report the corrections to the department
30-11 [division] for approval.
30-12 (d) The department [division] shall revoke the license of a
30-13 facility or the registration of a family home that does not comply
30-14 with standards at the end of a license or registration suspension.
30-15 (e) The department [division] may suspend or revoke the
30-16 license of a facility or the registration of a family home that
30-17 does not correct items that were in noncompliance or that does not
30-18 comply with required standards within the applicable evaluation or
30-19 probation period.
30-20 SECTION 28. Subchapter D, Chapter 42, Human Resources Code,
30-21 is amended by adding Section 42.0715 to read as follows:
30-22 Sec. 42.0715. COSTS CHARGED TO FACILITY. The department
30-23 shall charge a facility for reimbursement of the reasonable cost of
30-24 services provided by the department in formulating, monitoring, and
30-25 implementing a corrective action plan for the facility.
31-1 SECTION 29. Section 42.072, Human Resources Code, is amended
31-2 to read as follows:
31-3 Sec. 42.072. LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR
31-4 REVOCATION. (a) The department [division] may suspend, deny, [or]
31-5 revoke, or refuse to renew the license, registration, or
31-6 certification of approval of a facility or family home that does
31-7 not comply with the requirements of this chapter, the standards and
31-8 rules of the department, or the specific terms of the license,
31-9 registration, or certification. The department may revoke the
31-10 probation of a person whose license or registration is suspended if
31-11 the person violates a term of the conditions of probation.
31-12 (b) If the department proposes to take an action under
31-13 Subsection (a), the person is entitled to a hearing conducted by
31-14 the State Office of Administrative Hearings. Proceedings for a
31-15 disciplinary action are governed by the administrative procedure
31-16 law, Chapter 2001, Government Code. Rules of practice adopted by
31-17 the board under Section 2001.004, Government Code, applicable to
31-18 the proceedings for a disciplinary action may not conflict with
31-19 rules adopted by the State Office of Administrative Hearings.
31-20 (c) [The division shall notify the person operating or
31-21 proposing to operate a facility of the reasons for the denial or
31-22 revocation and of the person's right to appeal the decision within
31-23 30 days after receiving the notice.]
31-24 [(c) A person who wishes to appeal a license denial or
31-25 revocation shall notify the director by certified mail within 30
32-1 days after receiving the notice required in Subsection (b) of this
32-2 section. The person shall send a copy of the notice of appeal to
32-3 the assigned division representative.]
32-4 [(d) The denial or revocation of a license or certification
32-5 and the appeal from that action are governed by the procedure for a
32-6 contested case hearing under Chapter 2001, Government Code.]
32-7 [(e) A person whose license has been denied or revoked may
32-8 challenge the decision by filing a suit in a district court of
32-9 Travis County or the county in which the person's facility is
32-10 located within 30 days after receiving the decision. The trial
32-11 shall be de novo.]
32-12 [(f) Records of the hearing shall be kept for two years
32-13 after a decision is rendered. On request, and at the person's own
32-14 expense, the division shall supply a copy of the verbatim
32-15 transcript of the hearing to a person appealing a license denial or
32-16 revocation in district court.]
32-17 [(g) A person may continue to operate a facility during an
32-18 appeal of a license denial or revocation unless the division has
32-19 obtained injunctive relief under Section 42.074 or civil penalties
32-20 under Section 42.075 or the facility has been closed under Section
32-21 42.073.]
32-22 [(h)] A person whose license, registration, or certification
32-23 is revoked may not apply for any license, registration, or
32-24 certification under this chapter before the second anniversary of
32-25 the date on which the revocation takes effect by department or
33-1 court order.
33-2 SECTION 30. Section 42.073, Human Resources Code, is amended
33-3 to read as follows:
33-4 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY
33-5 OR FAMILY HOME. (a) The department [division] shall suspend a
33-6 facility's license or a family home's registration and[,] order the
33-7 immediate closing of the facility or family home[, and place the
33-8 children attending or residing in the facility elsewhere] if:
33-9 (1) the department [division] finds the facility or
33-10 family home is operating in violation of the applicable standards
33-11 prescribed by this chapter; and
33-12 (2) the violation creates an immediate threat to the
33-13 health and safety of the children attending or residing in the
33-14 facility or family home.
33-15 (b) An order suspending a license or registration and an
33-16 order closing a facility or family home under this section is
33-17 immediately effective on the date on which the [license] holder of
33-18 the license or registration receives written notice or on a later
33-19 date specified in the order.
33-20 (c) An order is valid for 10 days after the effective date
33-21 of the order.
33-22 (d) The suspension of a license or registration and the
33-23 closure of a [the] facility or family home and the appeal from that
33-24 action are governed by the procedures for a contested case hearing
33-25 under Chapter 2001, Government Code.
34-1 SECTION 31. Subsections (a) and (c), Section 42.074, Human
34-2 Resources Code, are amended to read as follows:
34-3 (a) When it appears that a person has violated, is
34-4 violating, or is threatening to violate the licensing,
34-5 certification, or registration requirements of this chapter or the
34-6 department's licensing, certification, or registration rules and
34-7 standards, the department [division] may file a suit in a district
34-8 court in Travis County or in the county where the facility or
34-9 family home is located for assessment and recovery of civil
34-10 penalties under Section 42.075 [of this code], for injunctive
34-11 relief, including a temporary restraining order, or for both
34-12 injunctive relief and civil penalties.
34-13 (c) At the department's [division's] request, the attorney
34-14 general or the county or district attorney of the county in which
34-15 the facility or family home is located shall conduct a suit in the
34-16 name of the State of Texas for injunctive relief, to recover the
34-17 civil penalty, or for both injunctive relief and civil penalties as
34-18 authorized by Subsection (a) [of this section].
34-19 SECTION 32. Subsection (a), Section 42.075, Human Resources
34-20 Code, is amended to read as follows:
34-21 (a) A person is subject to a civil penalty of not less than
34-22 $50 nor more than $100 for each day of violation and for each act
34-23 of violation if the person:
34-24 (1) threatens serious harm to a child in a facility or
34-25 family home by violating a provision of this chapter or a
35-1 department rule or standard;
35-2 (2) violates a provision of this chapter or a
35-3 department rule or standard three or more times within a 12-month
35-4 period; or
35-5 (3) places a public advertisement for an unlicensed
35-6 facility or unregistered family home.
35-7 SECTION 33. Section 42.076, Human Resources Code, is amended
35-8 to read as follows:
35-9 Sec. 42.076. CRIMINAL PENALTIES. (a) A person who operates
35-10 a child-care facility or child-placing agency without a license
35-11 commits a Class B misdemeanor.
35-12 (b) A person who operates a family home without a
35-13 registration commits a Class B misdemeanor.
35-14 (c) A person who places a public advertisement for an
35-15 unlicensed facility or an unregistered family home commits a Class
35-16 C misdemeanor.
35-17 [(c) A person who places an advertisement for a registered
35-18 family home in violation of Section 42.052(f) of this code commits
35-19 a Class C misdemeanor.]
35-20 (d) It is not an offense under this section if a
35-21 professional provides legal or medical services to:
35-22 (1) a parent who identifies the prospective adoptive
35-23 parent and places the child for adoption without the assistance of
35-24 the professional; or
35-25 (2) a prospective adoptive parent who identifies a
36-1 parent and receives placement of a child for adoption without
36-2 assistance of the professional.
36-3 SECTION 34. Section 42.077, Human Resources Code, is amended
36-4 to read as follows:
36-5 Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY
36-6 HOME. (a) If the department revokes or suspends a facility's
36-7 license or a family home's registration, the department shall
36-8 publish notice of this action in a newspaper of general circulation
36-9 in the county in which the facility or family home is located. The
36-10 newspaper shall place the notice in the section in which
36-11 advertisements for day-care services are normally published.
36-12 (b) If a person who operates a facility or family home that
36-13 has had its license or registration revoked or suspended later
36-14 applies for a new license or registration to operate the same
36-15 facility or family home, the department shall charge the person an
36-16 application fee in an amount necessary to reimburse the department
36-17 for the cost of the notice relating to that facility or family
36-18 home.
36-19 (c) The department shall pay for publication of the notice
36-20 from funds appropriated to the department for licensing and
36-21 regulating child-care facilities and for registering and regulating
36-22 family homes and from appeal and application fees collected under
36-23 Subsection (b) [of this section] and appropriated to the
36-24 department.
36-25 (d) A facility or family home that has its license or
37-1 registration revoked or suspended shall mail notification of this
37-2 action by certified mail to the parents or guardian of the child
37-3 served by the facility or family home. The facility shall mail the
37-4 notification within five days of the effective date of the
37-5 [license] revocation or suspension of the license or registration.
37-6 SECTION 35. Subchapter D, Chapter 42, Human Resources Code,
37-7 is amended by adding Section 42.078 to read as follows:
37-8 Sec. 42.078. ADMINISTRATIVE PENALTY. (a) The department
37-9 may impose an administrative penalty against a facility or family
37-10 home licensed or registered under this chapter that violates this
37-11 chapter or a rule or order adopted under this chapter.
37-12 (b) The penalty for a violation may be in an amount not to
37-13 exceed $100. Each day a violation continues or occurs is a
37-14 separate violation for purposes of imposing a penalty.
37-15 (c) The amount of the penalty shall be based on:
37-16 (1) the seriousness of the violation, including the
37-17 nature, circumstances, extent, and gravity of any prohibited acts,
37-18 and the hazard or potential hazard created to the health, safety,
37-19 or economic welfare of the public;
37-20 (2) the economic harm to property or the environment
37-21 caused by the violation;
37-22 (3) the history of previous violations;
37-23 (4) the amount necessary to deter future violations;
37-24 (5) efforts to correct the violation; and
37-25 (6) any other matter that justice may require.
38-1 (d) If the executive director determines that a violation
38-2 has occurred, the director may issue a recommendation on the
38-3 imposition of a penalty, including a recommendation on the amount
38-4 of the penalty.
38-5 (e) Within 14 days after the date the recommendation is
38-6 issued, the executive director shall give written notice of the
38-7 recommendation to the person owning or operating the facility. The
38-8 notice may be given by certified mail. The notice must include a
38-9 brief summary of the alleged violation and a statement of the
38-10 amount of the recommended penalty and must inform the person that
38-11 the person has a right to a hearing on the occurrence of the
38-12 violation, the amount of the penalty, or both the occurrence of the
38-13 violation and the amount of the penalty.
38-14 (f) Within 20 days after the date the person receives the
38-15 notice, the person in writing may accept the determination and
38-16 recommended penalty of the executive director or may make a written
38-17 request for a hearing on the occurrence of the violation, the
38-18 amount of the penalty, or both the occurrence of the violation and
38-19 the amount of the penalty.
38-20 (g) If the person accepts the determination and recommended
38-21 penalty of the executive director or fails to respond to the notice
38-22 in a timely manner, the executive director shall issue an order and
38-23 impose the recommended penalty.
38-24 (h) If the person requests a hearing, the executive director
38-25 shall set a hearing and give notice of the hearing to the person.
39-1 The hearing shall be held by an administrative law judge of the
39-2 State Office of Administrative Hearings. The administrative law
39-3 judge shall make findings of fact and conclusions of law and issue
39-4 a final decision finding that a violation has occurred and imposing
39-5 a penalty or finding that no violation occurred.
39-6 (i) The notice of the administrative law judge's order given
39-7 to the person under Chapter 2001, Government Code, must include a
39-8 statement of the right of the person to judicial review of the
39-9 order.
39-10 (j) Within 30 days after the date the administrative law
39-11 judge's order becomes final as provided by Section 2001.144,
39-12 Government Code, the person shall:
39-13 (1) pay the amount of the penalty;
39-14 (2) pay the amount of the penalty and file a petition
39-15 for judicial review contesting the occurrence of the violation, the
39-16 amount of the penalty, or both the occurrence of the violation and
39-17 the amount of the penalty; or
39-18 (3) without paying the amount of the penalty, file a
39-19 petition for judicial review contesting the occurrence of the
39-20 violation, the amount of the penalty, or both the occurrence of the
39-21 violation and the amount of the penalty.
39-22 (k) Within the 30-day period, a person who acts under
39-23 Subsection (j)(3) may:
39-24 (1) stay enforcement of the penalty by:
39-25 (A) paying the amount of the penalty to the
40-1 court for placement in an escrow account; or
40-2 (B) giving to the court a supersedeas bond that
40-3 is approved by the court for the amount of the penalty and that is
40-4 effective until all judicial review of the order is final; or
40-5 (2) request the court to stay enforcement of the
40-6 penalty by:
40-7 (A) filing with the court a sworn affidavit of
40-8 the person stating that the person is financially unable to pay the
40-9 amount of the penalty and is financially unable to give the
40-10 supersedeas bond; and
40-11 (B) giving a copy of the affidavit to the
40-12 executive director by certified mail.
40-13 (l) On receipt of a copy of an affidavit under Subsection
40-14 (k)(2), the executive director may file with the court, within five
40-15 days after the date the copy is received, a contest to the
40-16 affidavit. The court shall hold a hearing on the facts alleged in
40-17 the affidavit as soon as practicable and shall stay the enforcement
40-18 of the penalty on finding that the alleged facts are true. The
40-19 person who files an affidavit has the burden of proving that the
40-20 person is financially unable to pay the amount of the penalty and
40-21 to give a supersedeas bond.
40-22 (m) If the person does not pay the amount of the penalty and
40-23 the enforcement of the penalty is not stayed, the executive
40-24 director may refer the matter to the attorney general for
40-25 collection of the amount of the penalty.
41-1 (n) Judicial review of the order:
41-2 (1) is instituted by filing a petition as provided by
41-3 Subchapter G, Chapter 2001, Government Code; and
41-4 (2) is under the substantial evidence rule.
41-5 (o) If the court sustains the occurrence of the violation,
41-6 the court may uphold or reduce the amount of the penalty and order
41-7 the person to pay the full or reduced amount of the penalty. If
41-8 the court does not sustain the occurrence of the violation, the
41-9 court shall order that no penalty is owed.
41-10 (p) When the judgment of the court becomes final, the court
41-11 shall proceed under this subsection. If the person paid the amount
41-12 of the penalty and if that amount is reduced or is not upheld by
41-13 the court, the court shall order that the appropriate amount plus
41-14 accrued interest be remitted to the person. The rate of the
41-15 interest is the rate charged on loans to depository institutions by
41-16 the New York Federal Reserve Bank, and the interest shall be paid
41-17 for the period beginning on the date the penalty was paid and
41-18 ending on the date the penalty is remitted. If the person gave a
41-19 supersedeas bond and if the amount of the penalty is not upheld by
41-20 the court, the court shall order the release of the bond. If the
41-21 person gave a supersedeas bond and if the amount of the penalty is
41-22 reduced, the court shall order the release of the bond after the
41-23 person pays the amount.
41-24 (q) A penalty collected under this section shall be sent to
41-25 the comptroller for deposit in the general revenue fund.
42-1 (r) All proceedings under this section are subject to
42-2 Chapter 2001, Government Code.
42-3 SECTION 36. Chapter 43, Human Resources Code, is amended by
42-4 adding Section 43.0042 to read as follows:
42-5 Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER
42-6 STATE. (a) The department may waive any prerequisite to obtaining
42-7 a license for an applicant:
42-8 (1) after reviewing the applicant's credentials and
42-9 determining that the applicant holds a valid license from another
42-10 state that has license requirements substantially equivalent to
42-11 those of this state; or
42-12 (2) after determining the applicant has a valid
42-13 license from another state with which this state has a reciprocity
42-14 agreement.
42-15 (b) The department may enter into an agreement with another
42-16 state to permit licensing by reciprocity.
42-17 SECTION 37. Chapter 43, Human Resources Code, is amended by
42-18 adding Section 43.0055 to read as follows:
42-19 Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES.
42-20 (a) The department may not adopt rules restricting competitive
42-21 bidding or advertising by a license holder except to prohibit
42-22 false, misleading, or deceptive practices.
42-23 (b) In its rules to prohibit false, misleading, or deceptive
42-24 practices, the department may not include a rule that:
42-25 (1) restricts the use of any medium for advertising;
43-1 (2) restricts the use of a license holder's personal
43-2 appearance or voice in an advertisement;
43-3 (3) relates to the size or duration of an
43-4 advertisement by the license holder; or
43-5 (4) restricts the license holder's advertisement under
43-6 a trade name.
43-7 SECTION 38. Section 43.006, Human Resources Code, is amended
43-8 to read as follows:
43-9 Sec. 43.006. Fees. The board may set and charge fees for
43-10 administering an examination and issuing an initial license, [or]
43-11 renewal license, or provisional license in amounts necessary to
43-12 cover the costs of administering this chapter.
43-13 SECTION 39. Chapter 43, Human Resources Code, is amended by
43-14 adding Section 43.0081 to read as follows:
43-15 Sec. 43.0081. PROVISIONAL LICENSE. (a) The department may
43-16 issue a provisional license to an applicant licensed in another
43-17 state who applies for a license in this state. An applicant for a
43-18 provisional license under this section must:
43-19 (1) be licensed in good standing as a child-care
43-20 administrator for at least two years in another state, the District
43-21 of Columbia, a foreign country, or a territory of the United States
43-22 that has licensing requirements that are substantially equivalent
43-23 to the requirements of this chapter;
43-24 (2) have passed a national or other examination
43-25 recognized by the department that demonstrates competence in the
44-1 field of child-care administration; and
44-2 (3) be sponsored by a person licensed by the
44-3 department under this chapter with whom the provisional license
44-4 holder may practice under this section.
44-5 (b) The department may waive the requirement of Subsection
44-6 (a)(3) for an applicant if the department determines that
44-7 compliance with that subsection constitutes a hardship to the
44-8 applicant.
44-9 (c) A provisional license is valid until the date the
44-10 department approves or denies the provisional license holder's
44-11 application for a license. The department shall issue a license
44-12 under this chapter to the provisional license holder if:
44-13 (1) the provisional license holder passes the
44-14 examination required by Section 43.004;
44-15 (2) the department verifies that the provisional
44-16 license holder has the academic and experience requirements for a
44-17 license under this chapter; and
44-18 (3) the provisional license holder satisfies any other
44-19 license requirements under this chapter.
44-20 (d) The department must complete the processing of a
44-21 provisional license holder's application for a license not later
44-22 than the 180th day after the date the provisional license is
44-23 issued. The department may extend the 180-day limit if the results
44-24 of the license holder's examination have not been received by the
44-25 department.
45-1 SECTION 40. Subsections (b) through (f), Section 43.009,
45-2 Human Resources Code, are amended to read as follows:
45-3 (b) The board shall recognize, prepare, or administer
45-4 continuing education programs for license holders. The continuing
45-5 education requirement may be fulfilled by studies in the areas of
45-6 legal aspects of child care, concepts related to the field of
45-7 social work, or other subjects approved by the department.
45-8 (c) A person who is otherwise eligible to renew a license
45-9 may renew an unexpired license by paying to the department before
45-10 the expiration date of the license the required renewal fee. A
45-11 person whose license has expired may not engage in the activities
45-12 that require a license until the license has been renewed under the
45-13 provisions of this section.
45-14 (d) If a person's license has been expired for 90 days or
45-15 less, the person may renew the license by paying to the department
45-16 one and [the required renewal fee and a fee that is] one-half times
45-17 the required renewal [of the examination] fee [for the license].
45-18 (e) If a person's license has been expired for longer than
45-19 90 days but less than one year [two years], the person may renew
45-20 the license by paying to the department two times the required [all
45-21 unpaid] renewal [fees and a] fee [that is equal to the examination
45-22 fee for the license].
45-23 (f) If a person's license has been expired for one year [two
45-24 years] or longer, the person may not renew the license. The person
45-25 may obtain a new license by submitting to reexamination and
46-1 complying with the requirements and procedures for obtaining an
46-2 original license. If the [However, the department may renew
46-3 without reexamination an expired license of a] person [who] was
46-4 licensed in this state, moved to another state, and is currently
46-5 licensed and has been in practice in the other state for the two
46-6 years preceding application, the person may renew an expired
46-7 license without reexamination. The person must pay to the
46-8 department a fee that is equal to two times the required renewal
46-9 [the examination] fee for the license.
46-10 SECTION 41. Section 43.010, Human Resources Code, is amended
46-11 to read as follows:
46-12 Sec. 43.010. LICENSE REVOCATION, [OR] SUSPENSION, OR
46-13 REFUSAL; REPRIMAND OR PROBATION. (a) The department shall revoke,
46-14 suspend, or refuse to renew a license, place on probation a person
46-15 whose license has been suspended, or reprimand a license holder for
46-16 a violation by the license holder of this chapter or a rule of the
46-17 board.
46-18 (b) The department may revoke a license if the license
46-19 holder is:
46-20 (1) convicted of a felony;
46-21 (2) convicted of a misdemeanor involving fraud or
46-22 deceit;
46-23 (3) addicted to a dangerous drug or intemperate in the
46-24 use of alcohol; or
46-25 (4) grossly negligent in performing duties as a
47-1 child-care administrator.
47-2 (c) [(b)] The department shall suspend a license, place on
47-3 probation a person whose license has been suspended, or reprimand a
47-4 license holder for a violation of this chapter or a rule of the
47-5 board.
47-6 (d) If a license suspension is probated, the department may
47-7 require the license holder:
47-8 (1) to report regularly to the department on the
47-9 conditions [matters that are the basis] of the probation;
47-10 (2) to limit practice to the areas prescribed by the
47-11 department; or
47-12 (3) to continue or renew professional education until
47-13 the practitioner attains a degree of skill satisfactory to the
47-14 department in those areas in which improvement is a condition [that
47-15 are the basis] of the probation.
47-16 SECTION 42. Chapter 43, Human Resources Code, is amended by
47-17 adding Sections 43.0105 and 43.0106 to read as follows:
47-18 Sec. 43.0105. REVOCATION OF PROBATION. The department may
47-19 revoke the probation of a license holder whose license is suspended
47-20 if the license holder violates a term of the conditions of
47-21 probation.
47-22 Sec. 43.0106. DISCIPLINARY HEARING. If the department
47-23 proposes to suspend, revoke, or refuse to renew a person's license,
47-24 the person is entitled to a hearing conducted by the State Office
47-25 of Administrative Hearings. Proceedings for a disciplinary action
48-1 are governed by the administrative procedure law, Chapter 2001,
48-2 Government Code. Rules of practice adopted by the board under
48-3 Section 2001.004, Government Code, applicable to the proceedings
48-4 for a disciplinary action may not conflict with rules adopted by
48-5 the State Office of Administrative Hearings.
48-6 SECTION 43. Section 48.081, Human Resources Code, is amended
48-7 to read as follows:
48-8 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
48-9 IN COMMUNITY CENTERS. (a) The department shall receive and
48-10 investigate reports of the abuse, neglect, or exploitation of an
48-11 individual:
48-12 (1) receiving services in a facility operated by the
48-13 Texas Department of Mental Health and Mental Retardation; or
48-14 (2) being provided services through a program under
48-15 contract with a facility operated by the Texas Department of Mental
48-16 Health and Mental Retardation.
48-17 (b) The department and the Texas Department of Mental Health
48-18 and Mental Retardation shall develop joint rules to facilitate
48-19 investigations in state mental health and mental retardation
48-20 facilities.
48-21 (c) The department shall receive and investigate a report of
48-22 the alleged abuse, neglect, or exploitation of an individual
48-23 receiving services in a community center or from a program
48-24 providing services under contract with a community center.
48-25 (d) The department shall forward to a state mental health or
49-1 mental retardation facility, a community center, or a program
49-2 providing mental health or mental retardation services under
49-3 contract with such a facility or community center:
49-4 (1) a copy of any report the department receives
49-5 relating to alleged or suspected abuse, neglect, or exploitation of
49-6 an individual receiving services from that facility, community
49-7 center, or program; and
49-8 (2) a copy of the department's investigation findings
49-9 and report.
49-10 (e) The department's confirmed investigation findings may
49-11 not be changed by a superintendent of a state mental health or
49-12 mental retardation facility or a director of a community center.
49-13 The commissioner of mental health and mental retardation or the
49-14 commissioner's designee may change the department's confirmed
49-15 investigation findings for good cause. The commissioner or
49-16 designated representative shall inform the department in writing
49-17 of:
49-18 (1) each case in which the commissioner or designee
49-19 changes the department's findings; and
49-20 (2) the reasons supporting the decision to change the
49-21 findings.
49-22 (f) After completion of the appeals process, the department
49-23 shall refer a complaint relating to an investigation conducted by
49-24 the department under this section to the department's ombudsman
49-25 office for appropriate action.
50-1 (g) [(f)] If the department's investigation under this
50-2 section reveals that an elderly or disabled person has been abused
50-3 by another person in a manner that constitutes a criminal offense
50-4 under any law, including Section 22.04, Penal Code, a copy of the
50-5 investigation shall be submitted to the appropriate law enforcement
50-6 agency.
50-7 (h) The department by rule may assign priorities to an
50-8 investigation conducted by the department under this section. The
50-9 primary criterion used by the department in assigning a priority
50-10 must be the risk that a delay in the investigation will impede the
50-11 collection of evidence.
50-12 (i) The department and the Texas Department of Mental Health
50-13 and Mental Retardation shall jointly develop and implement a single
50-14 system to track reports and investigations under this section. To
50-15 facilitate implementation of the system, the department and the
50-16 Texas Department of Mental Health and Mental Retardation shall use
50-17 appropriate methods of measuring the number and outcome of reports
50-18 and investigations under this section.
50-19 (j) [(g)] In this section, "community center" has the
50-20 meaning assigned by Section 531.002, Health and Safety Code.
50-21 SECTION 44. Section 161.001, Family Code, is amended to read
50-22 as follows:
50-23 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
50-24 RELATIONSHIP. The court may order termination of the parent-child
50-25 relationship if the court finds by clear and convincing evidence:
51-1 (1) that the parent has:
51-2 (A) voluntarily left the child alone or in the
51-3 possession of another not the parent and expressed an intent not to
51-4 return;
51-5 (B) voluntarily left the child alone or in the
51-6 possession of another not the parent without expressing an intent
51-7 to return, without providing for the adequate support of the child,
51-8 and remained away for a period of at least three months;
51-9 (C) voluntarily left the child alone or in the
51-10 possession of another without providing adequate support of the
51-11 child and remained away for a period of at least six months;
51-12 (D) knowingly placed or knowingly allowed the
51-13 child to remain in conditions or surroundings which endanger the
51-14 physical or emotional well-being of the child;
51-15 (E) engaged in conduct or knowingly placed the
51-16 child with persons who engaged in conduct which endangers the
51-17 physical or emotional well-being of the child;
51-18 (F) failed to support the child in accordance
51-19 with his ability during a period of one year ending within six
51-20 months of the date of the filing of the petition;
51-21 (G) abandoned the child without identifying the
51-22 child or furnishing means of identification, and the child's
51-23 identity cannot be ascertained by the exercise of reasonable
51-24 diligence;
51-25 (H) voluntarily, and with knowledge of the
52-1 pregnancy, abandoned the mother of the child beginning at a time
52-2 during her pregnancy with the child and continuing through the
52-3 birth, failed to provide adequate support or medical care for the
52-4 mother during the period of abandonment before the birth of the
52-5 child, and remained apart from the child or failed to support the
52-6 child since the birth;
52-7 (I) contumaciously refused to submit to a
52-8 reasonable and lawful order of a court under Chapter 264;
52-9 (J) been the major cause of:
52-10 (i) the failure of the child to be
52-11 enrolled in school as required by the Education Code; or
52-12 (ii) the child's absence from the child's
52-13 home without the consent of the parents or guardian for a
52-14 substantial length of time or without the intent to return;
52-15 (K) executed before or after the suit is filed
52-16 an unrevoked or irrevocable affidavit of relinquishment of parental
52-17 rights as provided by this chapter;
52-18 (L) been adjudicated to be criminally
52-19 responsible for the death or serious injury of a child;
52-20 (M) had his or her parent-child relationship
52-21 terminated with respect to another child based on a finding that
52-22 the parent's conduct was in violation of Paragraph (D) or (E) or
52-23 substantially equivalent provisions of the law of another state;
52-24 [or]
52-25 (N) constructively abandoned the child who has
53-1 been in the permanent or temporary managing conservatorship of the
53-2 Department of Protective and Regulatory Services or an authorized
53-3 agency for not less than six months [one year], and:
53-4 (i) the department or authorized agency
53-5 has made reasonable efforts to return the child to the parent;
53-6 (ii) the parent has not regularly visited
53-7 or maintained significant contact with the child; and
53-8 (iii) the parent has demonstrated an
53-9 inability to provide the child with a safe environment; or
53-10 (O) failed to comply with the provisions of a
53-11 court order that specifically established the actions necessary for
53-12 the parent to obtain the return of the child who has been in the
53-13 permanent or temporary managing conservatorship of the Department
53-14 of Protective and Regulatory Services for not less than nine months
53-15 as a result of the child's removal from the parent under Chapter
53-16 262 for the abuse or neglect of the child; and
53-17 (2) that termination is in the best interest of the
53-18 child.
53-19 SECTION 45. Subchapter B, Chapter 201, Family Code, is
53-20 amended by adding Section 201.1085 to read as follows:
53-21 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
53-22 PROTECTION CASES. The presiding judge may appoint a master for a
53-23 court handling child protection cases if the court needs assistance
53-24 in order to process the cases in a reasonable time.
53-25 SECTION 46. Section 261.001, Family Code, is amended by
54-1 adding Subdivision (7) to read as follows:
54-2 (7) "Board" means the Board of Protective and
54-3 Regulatory Services.
54-4 SECTION 47. Section 261.107, Family Code, is amended to read
54-5 as follows:
54-6 Sec. 261.107. False Report; Penalty. A person commits an
54-7 offense if the person knowingly or intentionally makes a report as
54-8 provided in this chapter that the person knows is false or lacks
54-9 factual foundation. An offense under this section [subsection] is
54-10 a Class A [B] misdemeanor.
54-11 SECTION 48. Subchapter D, Chapter 261, Family Code, is
54-12 amended by adding Section 261.3015 to read as follows:
54-13 Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning
54-14 priorities and prescribing investigative procedures based on the
54-15 severity and immediacy of the alleged harm to a child under Section
54-16 261.301(d), the board by rule shall establish a flexible response
54-17 system to allow the department to allocate resources by
54-18 investigating serious cases of abuse and neglect and providing
54-19 assessment and family preservation services in less serious cases.
54-20 (b) The classification under the flexible response system of
54-21 a case may be changed as warranted by the circumstances.
54-22 (c) The department may implement the flexible response
54-23 system by establishing a pilot program in a single department
54-24 service region. The department shall study the results of the
54-25 system in the region in determining the method by which to
55-1 implement the system statewide.
55-2 SECTION 49. Section 261.311, Family Code, is amended to read
55-3 as follows:
55-4 Sec. 261.311. [NOTICE OF] INTERVIEW OR EXAMINATION OF CHILD.
55-5 (a) The department or the designated agency shall interview or
55-6 examine a child who is the subject of a report of suspected child
55-7 abuse or neglect.
55-8 (b) When [If,] during an investigation[,] a representative
55-9 of the department or the designated agency conducts an interview
55-10 with or an examination of a child, the department or designated
55-11 agency shall make a reasonable effort before 24 hours after the
55-12 time of the interview or examination to notify each parent of the
55-13 child and the child's legal guardian, if one has been appointed, of
55-14 the nature of the allegation and of the fact that the interview or
55-15 examination was conducted.
55-16 (c) The notice required by Subsection (b) is not required if
55-17 the department or agency determines that the notice is likely to
55-18 endanger the safety of the child who is the subject of the report,
55-19 the person who made the report, or any other person who
55-20 participates in the investigation of the report.
55-21 (d) The notice required by Subsection (b) may be delayed at
55-22 the request of a law enforcement agency if notification during the
55-23 required time would interfere with an ongoing criminal
55-24 investigation.
55-25 SECTION 50. Subchapter D, Chapter 261, Family Code, is
56-1 amended by adding Section 261.315 to read as follows:
56-2 Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
56-3 FROM RECORDS. (a) At the conclusion of an investigation in which
56-4 the department determines that the person alleged to have abused or
56-5 neglected a child did not commit abuse or neglect, the department
56-6 shall notify the person of the person's right to request the
56-7 department to remove information about the person's alleged role in
56-8 the abuse or neglect report from the department's records.
56-9 (b) On request under Subsection (a) by a person whom the
56-10 department has determined did not commit abuse or neglect, the
56-11 department shall remove information from the department's records
56-12 concerning the person's alleged role in the abuse or neglect
56-13 report.
56-14 (c) The board shall adopt rules necessary to administer this
56-15 section.
56-16 SECTION 51. Subsection (a), Section 262.109, Family Code, is
56-17 amended to read as follows:
56-18 (a) The department or other agency must give written notice
56-19 as prescribed by this section to each parent of the child or to the
56-20 child's [parent,] conservator[,] or legal guardian when a
56-21 representative of the Department of Protective and Regulatory
56-22 Services or other agency takes possession of a child under this
56-23 chapter.
56-24 SECTION 52. Subsection (c), Section 262.201, Family Code, is
56-25 amended to read as follows:
57-1 (c) If the court finds sufficient evidence to satisfy a
57-2 person of ordinary prudence and caution that there is a continuing
57-3 danger to the physical health or safety of the child and for the
57-4 child to remain in the home is contrary to the welfare of the
57-5 child, the court shall:
57-6 (1) issue an appropriate temporary order under Chapter
57-7 105; and
57-8 (2) inform each parent in open court that parental and
57-9 custodial rights and duties may be subject to restriction or to
57-10 termination unless the parent or parents are willing and able to
57-11 provide the child with a safe environment.
57-12 SECTION 53. Subchapter A, Chapter 263, Family Code, is
57-13 amended by adding Section 263.006 to read as follows:
57-14 Sec. 263.006. WARNING TO PARENTS. At the status hearing
57-15 under Subchapter C and at each permanency hearing under Subchapter
57-16 D held after the court has rendered a temporary order appointing
57-17 the department as temporary managing conservator, the court shall
57-18 inform each parent in open court that parental and custodial rights
57-19 and duties may be subject to restriction or to termination unless
57-20 the parent or parents are willing and able to provide the child
57-21 with a safe environment.
57-22 SECTION 54. Section 263.201, Family Code, is amended to read
57-23 as follows:
57-24 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
57-25 day after the date the court renders a temporary order appointing
58-1 the department as temporary managing conservator of a child [of a
58-2 full adversary hearing under Chapter 262], the court shall hold a
58-3 status hearing to review the child's status and the permanency plan
58-4 developed for the child.
58-5 SECTION 55. The heading to Subchapter D, Chapter 263, Family
58-6 Code, is amended to read as follows:
58-7 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
58-8 SECTION 56. Subsections (a) and (b), Section 263.301, Family
58-9 Code, are amended to read as follows:
58-10 (a) Notice of a permanency [review] hearing shall be given
58-11 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
58-12 persons entitled to notice of the hearing.
58-13 (b) The following persons are entitled to at least 10 days'
58-14 notice of a permanency hearing [to review a child's placement] and
58-15 are entitled to present evidence and be heard at the hearing:
58-16 (1) the department;
58-17 (2) the foster parent or director of the group home or
58-18 institution where the child is residing;
58-19 (3) each parent of the child;
58-20 (4) the managing conservator or guardian of the child;
58-21 [and]
58-22 (5) an attorney ad litem appointed for the child under
58-23 Chapter 107;
58-24 (6) a volunteer advocate appointed for the child under
58-25 Chapter 107; and
59-1 (7) any other person or agency named by the court to
59-2 have an interest in the child's welfare.
59-3 SECTION 57. Section 263.302, Family Code, is amended to read
59-4 as follows:
59-5 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
59-6 dispense with the attendance of the] child shall attend each
59-7 permanency hearing unless the court specifically excuses the
59-8 child's attendance. Failure by the child to attend a hearing does
59-9 not affect the validity of an order rendered at the [at a placement
59-10 review] hearing.
59-11 SECTION 58. Subchapter D, Chapter 263, Family Code, is
59-12 amended by adding Section 263.3025 to read as follows:
59-13 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
59-14 prepare a permanency plan for a child for whom the department has
59-15 been appointed temporary managing conservator. The department
59-16 shall give a copy of the plan to each person entitled to notice
59-17 under Section 263.301(b) not later than the 10th day before the
59-18 date of the child's first permanency hearing.
59-19 (b) In addition to the requirements of the department rules
59-20 governing permanency planning, the permanency plan must contain the
59-21 information required to be included in a permanency progress report
59-22 under Section 263.303.
59-23 (c) The department shall modify the permanency plan for a
59-24 child as required by the circumstances and needs of the child.
59-25 SECTION 59. Section 263.303, Family Code, is amended to read
60-1 as follows:
60-2 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
60-3 later than the 10th day before the date set for each permanency
60-4 hearing other than the first permanency [review] hearing, the
60-5 department or other authorized agency shall file with the court and
60-6 provide to each party, the child's attorney ad litem, and the
60-7 child's volunteer advocate a permanency progress [status] report
60-8 unless the court orders a different period for providing the report
60-9 [or orders that a report is not required for a specific hearing].
60-10 (b) The permanency progress [status] report must:
60-11 (1) recommend that the suit be dismissed; or
60-12 (2) recommend that the suit continue, and:
60-13 (A) identify the date for dismissal of the suit
60-14 under this chapter;
60-15 (B) provide:
60-16 (i) the name of any person entitled to
60-17 notice under Chapter 102 who has not been served;
60-18 (ii) a description of the efforts by the
60-19 department or another agency to locate and request service of
60-20 citation; and
60-21 (iii) a description of each parent's
60-22 assistance in providing information necessary to locate an unserved
60-23 party;
60-24 (C) evaluate [all relevant information
60-25 concerning each of the guidelines under this chapter and] the
61-1 parties' compliance with temporary orders and with the service
61-2 plan;
61-3 (D) evaluate whether the child's placement in
61-4 substitute care meets the child's needs and recommend other plans
61-5 or services to meet the child's special needs or circumstances;
61-6 (E) describe the permanency plan for the child
61-7 and recommend actions necessary to ensure that a final order
61-8 consistent with that permanency plan is rendered before the date
61-9 for dismissal of the suit under this chapter; and
61-10 (F) [(2) recommend one of the following actions:]
61-11 [(A) that the child be returned to the child's
61-12 home and that the suit be dismissed;]
61-13 [(B) that the child be returned to the child's
61-14 home with the department or other agency retaining conservatorship;]
61-15 [(C) that the child remain in substitute care
61-16 for a specified period and that the child's parents continue to
61-17 work toward providing the child with a safe environment;]
61-18 [(D) that the child remain in substitute care
61-19 for a specified period and that termination of parental rights be
61-20 sought under this code;]
61-21 [(E) that a child who has resided in substitute
61-22 care for at least 18 months be placed or remain in permanent or
61-23 long-term substitute care because of the child's special needs or
61-24 circumstances; or]
61-25 [(F) that other plans be made or other services
62-1 provided in accordance with the child's special needs or
62-2 circumstances; and]
62-3 [(3)] with respect to a child 16 years of age or
62-4 older, identify the services needed to assist the child in the
62-5 transition to adult life.
62-6 (c) A parent whose parental rights are the subject of a suit
62-7 affecting the parent-child relationship, the attorney for that
62-8 parent, or the child's attorney ad litem or guardian ad litem may
62-9 file a response to the department's or other agency's report filed
62-10 under Subsection (b). A response must be filed not later than the
62-11 third day before the date of the hearing.
62-12 SECTION 60. Section 263.304, Family Code, is amended to read
62-13 as follows:
62-14 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
62-15 Not later than the 180th day after the date the court renders a
62-16 temporary order appointing the department as temporary managing
62-17 conservator of a child [of the conclusion of the full adversary
62-18 hearing under Chapter 262], the court shall hold a permanency
62-19 hearing to review the status of, and permanency plan for, the [a]
62-20 child to ensure that a final order consistent with that permanency
62-21 plan is rendered before the date for dismissal of the suit under
62-22 this chapter [in substitute care in the court's jurisdiction,
62-23 including the time for the completion of the plan and the projected
62-24 date for the achievement of the child's permanency plan].
62-25 SECTION 61. Section 263.305, Family Code, is amended to read
63-1 as follows:
63-2 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
63-3 subsequent permanency hearing before entry of a final order
63-4 [Subsequent review hearings] shall be held [not earlier than 5 1/2
63-5 months and] not later than the 120th day [seven months] after the
63-6 date of the last permanency hearing in the suit. For [unless,
63-7 for] good cause shown or on the court's own motion [by a party],
63-8 the court may order more frequent hearings [an earlier hearing is
63-9 approved by the court].
63-10 SECTION 62. Section 263.306, Family Code, is amended to read
63-11 as follows:
63-12 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
63-13 each permanency [review] hearing the court shall [determine]:
63-14 (1) identify [the identity of] all persons or parties
63-15 present at the hearing or those given notice but failing to appear;
63-16 (2) review the efforts of the department or another
63-17 agency in:
63-18 (A) attempting to locate all necessary persons;
63-19 (B) requesting service of citation; and
63-20 (C) obtaining the assistance of a parent in
63-21 providing information necessary to locate an absent parent;
63-22 (3) return the child to the parent or parents if
63-23 [whether] the child's parent or parents are willing and able to
63-24 provide the child with a safe environment and the return of the
63-25 child is in the child's best interest;
64-1 (4) return the child to a person or entity, other than
64-2 a parent, entitled to service under Chapter 102 if the person or
64-3 entity is willing and able to provide the child with a safe
64-4 environment and the return of the child is in the child's best
64-5 interest;
64-6 (5) evaluate the department's efforts to identify
64-7 relatives who could provide the child with a safe environment, if
64-8 the child is not returned to a parent or another person or entity
64-9 entitled to service under Chapter 102;
64-10 (6) evaluate the parties' compliance with temporary
64-11 orders and
64-12 [(3) the extent to which the child's parents have
64-13 taken the necessary actions or responsibilities toward achieving
64-14 the plan goal during the period of the service plan and the extent
64-15 to which the department or other authorized agency has provided
64-16 assistance to the parents as provided in] the service plan;
64-17 (7) determine [(4)] whether:
64-18 (A) the child continues to need substitute care;
64-19 (B) [and whether] the child's current placement
64-20 is appropriate for meeting the child's needs; and
64-21 (C) other plans or services are needed to meet
64-22 the child's special needs or circumstances;
64-23 (8) if the child is placed in institutional care,
64-24 determine whether efforts have been made to ensure placement of the
64-25 child in the least restrictive environment consistent with the best
65-1 interest and special needs of the child;
65-2 (9) if the child is 16 years of age or older, order
65-3 services that are needed to assist the child in making the
65-4 transition from substitute care to independent living if the
65-5 services are available in the community;
65-6 (10) determine plans, services, and further temporary
65-7 orders necessary to ensure that a final order is rendered before
65-8 the date for dismissal of the suit under this chapter; and
65-9 (11) determine the date for dismissal of the suit
65-10 under this chapter and give notice in open court to all parties of:
65-11 (A) the dismissal date;
65-12 (B) the date of the next permanency hearing; and
65-13 (C) the date the suit is set for trial.
65-14 [(5) a date for achieving the child's permanency plan;]
65-15 [(6) if the child has been in substitute care for not
65-16 less than 18 months, the future status of the child and the
65-17 appropriateness of the date by which the child may return home and
65-18 whether to render further appropriate orders;]
65-19 [(7) if the child is in substitute care outside the
65-20 state, whether the out-of-state placement continues to be
65-21 appropriate and in the best interest of the child;]
65-22 [(8) whether the child's parents are willing and able
65-23 to provide the child with a safe environment without the assistance
65-24 of a service plan and, if so, return the child to the parents;]
65-25 [(9) whether the child's parents are willing and able
66-1 to provide the child with a safe environment with the assistance of
66-2 a service plan and, if so, return the child or continue the
66-3 placement of the child in the child's home under the department's
66-4 or other agency's supervision;]
66-5 [(10) whether the child's parents are presently
66-6 unwilling or unable to provide the child with a safe environment,
66-7 even with the assistance of a service plan, and, if so, order the
66-8 child to remain under the department's or other agency's managing
66-9 conservatorship for a period of time specified by the court;]
66-10 [(11) whether a long-term substitute care placement is
66-11 in the child's best interest because of the child's special needs
66-12 or circumstances and, if so, begin a long-term substitute care
66-13 placement and if the child is placed in institutional care, whether
66-14 efforts have been made to ensure placement of the child in the
66-15 least restrictive environment consistent with the best interest and
66-16 special needs of the child;]
66-17 [(12) whether a child is 16 years of age or older and,
66-18 if so, order the services that are needed to assist the child in
66-19 making the transition from substitute care to independent living if
66-20 the services are available in the community;]
66-21 [(13) whether the child has been placed with the
66-22 department under a voluntary placement agreement and, if so, order
66-23 that the department will institute further proceedings or return
66-24 the child to the parents;]
66-25 [(14) whether the department or authorized agency has
67-1 custody, care, and control of the child under an affidavit of
67-2 relinquishment of parental rights naming the department managing
67-3 conservator and, if so, direct the department or authorized agency
67-4 to institute further proceedings; and]
67-5 [(15) whether parental rights to the child have been
67-6 terminated and, if so, determine whether the department or
67-7 authorized agency will attempt to place the child for adoption.]
67-8 SECTION 63. Chapter 263, Family Code, is amended by adding
67-9 Subchapters E and F to read as follows:
67-10 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
67-11 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
67-12 (a) Unless the court has rendered a final order or granted an
67-13 extension under Subsection (b), on the first Monday after the first
67-14 anniversary of the date the court rendered a temporary order
67-15 appointing the department as temporary managing conservator, the
67-16 court shall dismiss the suit affecting the parent-child
67-17 relationship filed by the department that requests termination of
67-18 the parent-child relationship or requests that the department be
67-19 named conservator of the child.
67-20 (b) On or before the time described by Subsection (a) for
67-21 the dismissal of the suit, the court may extend the court's
67-22 jurisdiction of the suit for a period stated in the extension
67-23 order, but not longer than 180 days after the time described by
67-24 Subsection (a), if the court has continuing jurisdiction of the
67-25 suit and the appointment of the department as temporary managing
68-1 conservator is in the best interest of the child. If the court
68-2 grants an extension, the extension order must also:
68-3 (1) schedule the new date for dismissal of the suit;
68-4 and
68-5 (2) make further temporary orders for the safety and
68-6 welfare of the child as necessary to avoid further delay in
68-7 resolving the suit.
68-8 (c) If the court grants an extension, the court shall render
68-9 a final order or dismiss the suit on or before the date specified
68-10 in the extension order and may not grant an additional extension.
68-11 (d) For purposes of this section, a final order is an order
68-12 that:
68-13 (1) requires that a child be returned to the child's
68-14 parent;
68-15 (2) names a relative of the child or another person as
68-16 the child's managing conservator;
68-17 (3) without terminating the parent-child relationship,
68-18 appoints the department as the managing conservator of the child;
68-19 or
68-20 (4) terminates the parent-child relationship and
68-21 appoints a relative of the child, another suitable person, or the
68-22 department as managing conservator of the child.
68-23 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
68-24 RELATIVE. (a) Notwithstanding Section 263.401, the court may
68-25 retain jurisdiction and not dismiss the suit or render a final
69-1 order as required by that section if the court:
69-2 (1) finds that retaining jurisdiction under this
69-3 section is in the best interest of the child;
69-4 (2) orders the department to return the child to the
69-5 child's parent or to place the child with a relative of the child;
69-6 (3) requires that the department continue to serve as
69-7 temporary managing conservator of the child; and
69-8 (4) orders the department to monitor the child's
69-9 placement to ensure that the child is in a safe environment.
69-10 (b) If the court renders an order under this section, the
69-11 court must include in the order specific findings regarding the
69-12 grounds for the order.
69-13 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
69-14 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
69-15 may render a final order appointing the department as managing
69-16 conservator of the child without terminating the rights of the
69-17 parent of the child if the court finds that:
69-18 (1) appointment of a parent as managing conservator
69-19 would not be in the best interest of the child because the
69-20 appointment would significantly impair the child's physical health
69-21 or emotional development; and
69-22 (2) it would not be in the best interest of the child
69-23 to appoint a relative of the child or another person as managing
69-24 conservator.
69-25 (b) In determining whether the department should be
70-1 appointed as managing conservator of the child without terminating
70-2 the rights of a parent of the child, the court shall take the
70-3 following factors into consideration:
70-4 (1) that the child will reach 18 years of age in not
70-5 less than three years;
70-6 (2) that the child is 12 years of age or older and has
70-7 expressed a strong desire against termination or being adopted;
70-8 (3) that the child has special medical or behavioral
70-9 needs that make adoption of the child unlikely; and
70-10 (4) the needs and desires of the child.
70-11 (Sections 263.404-263.500 reserved for expansion
70-12 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
70-13 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
70-14 the department has been named as a child's managing conservator in
70-15 a final order that does not include termination of parental rights,
70-16 the court shall conduct a placement review hearing at least once
70-17 every six months until the child becomes an adult.
70-18 (b) If the department has been named as a child's managing
70-19 conservator in a final order that terminates a parent's parental
70-20 rights, the court shall conduct a placement review hearing at least
70-21 once every six months until the date the child is adopted or the
70-22 child becomes an adult.
70-23 (c) Notice of a placement review hearing shall be given as
70-24 provided by Rule 21a, Texas Rules of Civil Procedure, to each
70-25 person entitled to notice of the hearing.
71-1 (d) The following are entitled to not less than 10 days'
71-2 notice of a placement review hearing:
71-3 (1) the department;
71-4 (2) the foster parent or director of the group home or
71-5 institution in which the child is residing;
71-6 (3) each parent of the child;
71-7 (4) each possessory conservator or guardian of the
71-8 child;
71-9 (5) the child's attorney ad litem and volunteer
71-10 advocate, if the appointments were not dismissed in the final
71-11 order; and
71-12 (6) any other person or agency named by the court as
71-13 having an interest in the child's welfare.
71-14 (e) The court may dispense with the requirement that the
71-15 child attend a placement review hearing.
71-16 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
71-17 the 10th day before the date set for a placement review hearing,
71-18 the department or other authorized agency shall file a placement
71-19 review report with the court and provide a copy to each person
71-20 entitled to notice under Section 263.501(d).
71-21 (b) For good cause shown, the court may order a different
71-22 time for filing the placement review report or may order that a
71-23 report is not required for a specific hearing.
71-24 (c) The placement review report must:
71-25 (1) evaluate whether the child's current placement is
72-1 appropriate for meeting the child's needs;
72-2 (2) evaluate whether efforts have been made to ensure
72-3 placement of the child in the least restrictive environment
72-4 consistent with the best interest and special needs of the child if
72-5 the child is placed in institutional care;
72-6 (3) identify the services that are needed to assist a
72-7 child who is at least 16 years of age in making the transition from
72-8 substitute care to independent living if the services are available
72-9 in the community;
72-10 (4) identify other plans or services that are needed
72-11 to meet the child's special needs or circumstances; and
72-12 (5) describe the efforts of the department or
72-13 authorized agency to place the child for adoption if parental
72-14 rights to the child have been terminated and the child is eligible
72-15 for adoption.
72-16 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
72-17 placement review hearing, the court shall determine whether:
72-18 (1) the child's current placement is appropriate for
72-19 meeting the child's needs;
72-20 (2) efforts have been made to ensure placement of the
72-21 child in the least restrictive environment consistent with the best
72-22 interest and special needs of the child if the child is placed in
72-23 institutional care;
72-24 (3) the services that are needed to assist a child who
72-25 is at least 16 years of age in making the transition from
73-1 substitute care to independent living are available in the
73-2 community;
73-3 (4) other plans or services are needed to meet the
73-4 child's special needs or circumstances; and
73-5 (5) the department or authorized agency has exercised
73-6 due diligence in attempting to place the child for adoption if
73-7 parental rights to the child have been terminated and the child is
73-8 eligible for adoption.
73-9 SECTION 64. Section 264.009, Family Code, is amended to read
73-10 as follows:
73-11 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) In
73-12 [Except as provided by Subsection (b), in] any action under this
73-13 code [title], the department shall be represented in court by
73-14 [the]:
73-15 (1) the county [prosecuting] attorney [who represents
73-16 the state in criminal cases in the district or county court] of the
73-17 county where the action is brought, unless the district attorney or
73-18 criminal district attorney elects to provide representation; or
73-19 (2) if the case is one in which a conflict of interest
73-20 or special circumstances exist, an attorney employed by the
73-21 department or who has contracted with the department under
73-22 Subsection (c) to provide representation [attorney general].
73-23 (b) In a county with a population of 2,800,000 or more, in
73-24 an action under this code [title], the department shall be
73-25 represented in court by [the]:
74-1 (1) the attorney who represents the state in civil
74-2 cases in the district or county court of the county where the
74-3 action is brought; or
74-4 (2) if the case is one in which a conflict of interest
74-5 or special circumstances exists, an attorney employed by the
74-6 department or who has contracted with the department under
74-7 Subsection (c) to provide representation [attorney general].
74-8 (c) The department may contract with a county attorney, a
74-9 district attorney, a criminal district attorney, the attorney
74-10 general, or a private attorney to provide reimbursement from any
74-11 available state or federal funds of the costs of representing the
74-12 department in an action under this code.
74-13 SECTION 65. Subchapter B, Chapter 264, Family Code, is
74-14 amended by amending Section 264.106 and adding Section 264.1061 to
74-15 read as follows:
74-16 Sec. 264.106. CONTRACTS FOR SUBSTITUTE CARE SERVICES
74-17 [CONTRACT RESIDENTIAL CARE]. (a) The department shall:
74-18 (1) assess the need for substitute care services
74-19 throughout the state; and
74-20 (2) contract with substitute care providers only to
74-21 the extent necessary to meet the need for those services.
74-22 (b) Before contracting with a substitute care provider, the
74-23 department shall determine whether:
74-24 (1) community resources are available to support
74-25 children placed under the provider's care; and
75-1 (2) the appropriate public school district has
75-2 sufficient resources to support children placed under the
75-3 provider's care if the children will attend public school.
75-4 (c) In addition to the requirements of Section 40.058(a),
75-5 Human Resources Code, a contract with a substitute care provider
75-6 must include provisions that:
75-7 (1) enable the department to monitor the effectiveness
75-8 of the provider's services; and
75-9 (2) authorize the department to terminate the contract
75-10 or impose sanctions for a violation of a provision of the contract
75-11 that specifies performance criteria.
75-12 (d) In determining whether to contract with a substitute
75-13 care provider, the department shall consider the provider's
75-14 performance under any previous contract for substitute care
75-15 services between the department and the provider.
75-16 (e) In this section, "substitute care provider" means a
75-17 person who provides residential care for children for 24 hours a
75-18 day, including:
75-19 (1) a child-care institution, as defined by Section
75-20 42.002, Human Resources Code;
75-21 (2) a child-placing agency, as defined by Section
75-22 42.002, Human Resources Code;
75-23 (3) a foster group home or foster family home, as
75-24 defined by Section 42.002, Human Resources Code; and
75-25 (4) an agency group home or agency home, as defined by
76-1 Section 42.002, Human Resources Code, other than an agency group
76-2 home, agency home, or a foster home verified or certified by the
76-3 department [make reasonable efforts to ensure that the expenditure
76-4 of appropriated funds to purchase contract residential care for
76-5 children is allocated to providers on a fixed monthly basis if:]
76-6 [(1) the allocation is cost effective; and]
76-7 [(2) the number, type, needs, and conditions of the
76-8 children served are reasonably constant.]
76-9 [(b) This section does not apply to the purchase of care in
76-10 a foster family home].
76-11 Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department
76-12 shall monitor the performance of a foster parent who does not
76-13 provide substitute care services through an entity under contract
76-14 with or licensed by the department. The method under which
76-15 performance is monitored must include the use of objective criteria
76-16 by which the foster parent's performance may be assessed. The
76-17 department shall include references to the criteria in a written
76-18 agreement between the department and the foster parent concerning
76-19 the foster parent's services.
76-20 SECTION 66. Section 264.107, Family Code, is amended to read
76-21 as follows:
76-22 Sec. 264.107. Placement of Children. (a) In making a
76-23 placement of a child removed from the home of the child's custodial
76-24 parent, the department shall consider placing the child in the home
76-25 of the child's noncustodial parent.
77-1 (b) The department shall use a system for the placement of
77-2 children in contract residential care, including foster care, that
77-3 conforms to the levels of care adopted and maintained by the Health
77-4 and Human Services Commission.
77-5 (c) [(b)] The department shall use the standard application
77-6 for the placement of children in contract residential care as
77-7 adopted and maintained by the Health and Human Services Commission.
77-8 SECTION 67. Subchapter B, Chapter 264, Family Code, is
77-9 amended by adding Section 264.1075 to read as follows:
77-10 Sec. 264.1075. USE OF ASSESSMENT SERVICES. Before placing a
77-11 child in substitute care, the department shall use assessment
77-12 services provided by a child-care facility or child-placing agency
77-13 in accordance with Section 42.0425, Human Resources Code, to
77-14 determine the appropriate substitute care for the child.
77-15 SECTION 68. Subchapter C, Chapter 264, Family Code, is
77-16 amended by adding Sections 264.206 and 264.207 to read as follows:
77-17 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. (a) The
77-18 department shall begin its efforts to locate qualified persons to
77-19 adopt a child, including persons registered with the adoptive
77-20 parent registry under Subchapter B, at the time the department's
77-21 permanency plan for the child becomes the termination of the
77-22 parent-child relationship.
77-23 (b) The department shall report to the court in which the
77-24 department petitions for termination of the parent-child
77-25 relationship on the child's adoptability and the department's
78-1 search for prospective adoptive parents for the child, including
78-2 information relating to the department's efforts to work with
78-3 licensed child-placing agencies.
78-4 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
78-5 (a) The department shall adopt policies that provide for the
78-6 improvement of the department's services for children and families,
78-7 including policies that provide for conducting a home study within
78-8 four months after the date an applicant is approved for an adoption
78-9 and documenting the results of the home study within 30 days after
78-10 the date the study is completed. The policies adopted under this
78-11 section must:
78-12 (1) be designed to increase the accountability of the
78-13 department to individuals who receive services and to the public;
78-14 and
78-15 (2) assure consistency of services provided by the
78-16 department in the different regions of the state.
78-17 (b) To accomplish the goals stated in Subsection (a), the
78-18 department shall:
78-19 (1) establish time frames for the initial screening of
78-20 families seeking to adopt children;
78-21 (2) provide for the evaluation of the effectiveness of
78-22 the department's management-level employees in expeditiously making
78-23 permanent placements for children;
78-24 (3) establish, as feasible, comprehensive assessment
78-25 services in various locations in the state to determine the needs
79-1 of children and families served by the department;
79-2 (4) emphasize and centralize the monitoring and
79-3 promoting of the permanent placement of children receiving
79-4 department services;
79-5 (5) establish goals and performance measures in the
79-6 permanent placement of children;
79-7 (6) seek private licensed child-placing agencies to
79-8 place a child in the department's managing conservatorship who has
79-9 been available for permanent placement for more than 90 days;
79-10 (7) provide information to private licensed
79-11 child-placing agencies concerning children under Subdivision (6);
79-12 (8) provide financial incentives for a private
79-13 licensed child-placing agency that places a child, as defined by
79-14 Section 162.301, under Subdivision (6);
79-15 (9) encourage foster parents to be approved by the
79-16 department as both foster parents and adoptive parents;
79-17 (10) address failures by the department's service
79-18 regions in making permanent placements for children in a reasonable
79-19 time; and
79-20 (11) require the department's service regions to
79-21 participate in the Texas Adoption Resources Exchange.
79-22 SECTION 69. Subchapter B, Chapter 531, Government Code, is
79-23 amended by adding Section 531.047 to read as follows:
79-24 Sec. 531.047. SUBSTITUTE CARE PROVIDER OUTCOME STANDARDS.
79-25 (a) The commission, after consulting with representatives from the
80-1 Department of Protective and Regulatory Services, the Texas
80-2 Juvenile Probation Commission, and the Texas Department of Mental
80-3 Health and Mental Retardation, shall by rule adopt result-oriented
80-4 standards that a provider of substitute care services for children
80-5 under the care of the state must achieve.
80-6 (b) A health and human services agency that purchases
80-7 substitute care services must include the result-oriented standards
80-8 as requirements in each substitute care service provider contract.
80-9 (c) A health and human services agency may provide
80-10 information about a substitute care provider, including rates,
80-11 contracts, outcomes, and client information, to another agency that
80-12 purchases substitute care services.
80-13 SECTION 70. (a) Representatives from each state agency that
80-14 purchases substitute care services for children under the state's
80-15 care shall meet to:
80-16 (1) assess the total need for substitute care services
80-17 in this state; and
80-18 (2) develop and implement a competitive bidding
80-19 process to purchase substitute care services.
80-20 (b) Except as provided by Subsection (c) of this section,
80-21 each state agency must use the competitive bidding process created
80-22 under Subsection (a) of this section to purchase substitute care
80-23 services.
80-24 (c) A state agency is not required to use the competitive
80-25 bidding process to purchase:
81-1 (1) foster family care services;
81-2 (2) substitute care services in a geographic area of
81-3 this state that has a shortage of service providers; or
81-4 (3) specialized substitute care services if there is a
81-5 shortage of providers of the specialized services.
81-6 (d) The state agency representatives shall meet and develop
81-7 the competitive bidding process for purchasing substitute care
81-8 services as soon as possible after the effective date of this Act.
81-9 (e) Not later than September 1, 1998, the Department of
81-10 Protective and Regulatory Services shall develop and implement a
81-11 pilot program under which the department purchases substitute care
81-12 services through a competitive bidding process. The department
81-13 must design the pilot program to produce a substitute care system
81-14 that is outcome-based and that uses the department's outcome
81-15 measures.
81-16 SECTION 71. (a) Sections 263.308 and 263.309, Family Code,
81-17 are repealed.
81-18 (b) Section 42.050, Human Resources Code, as amended by
81-19 Chapter 1052, Acts of the 70th Legislature, Regular Session, 1987,
81-20 is repealed.
81-21 SECTION 72. (a) Except as otherwise provided by this Act,
81-22 this Act takes effect September 1, 1997.
81-23 (b) The Board of Protective and Regulatory Services shall
81-24 adopt rules necessary to administer the changes in law made by this
81-25 Act not later than November 1, 1997.
82-1 (c) The changes in law made by this Act in the
82-2 qualifications of, and the prohibitions applying to, members of the
82-3 Board of Protective and Regulatory Services do not affect the
82-4 entitlement of a member serving on the board immediately before
82-5 September 1, 1997, to continue to carry out the functions of the
82-6 board for the remainder of the member's term. The changes in law
82-7 apply only to a member appointed on or after September 1, 1997.
82-8 This Act does not prohibit a person who is a member of the board on
82-9 September 1, 1997, from being reappointed to the board if the
82-10 person has the qualifications required for a member under Chapter
82-11 40, Human Resources Code, as amended by this Act.
82-12 (d) The executive director of the Department of Protective
82-13 and Regulatory Services shall appoint the members of the strategic
82-14 technology steering committee established by Section 40.0305, Human
82-15 Resources Code, as added by this Act, not later than November 1,
82-16 1997.
82-17 (e) Except as provided by Section 73 of this Act and
82-18 Subsection (f) of this section, the change in law made by this Act
82-19 relating to a disciplinary proceeding or contested case of the
82-20 Department of Protective and Regulatory Services applies only to a
82-21 proceeding initiated on or after the effective date of this Act.
82-22 (f) The change in law made by this Act relating to the
82-23 imposition of a penalty or other disciplinary action on a person or
82-24 entity regulated by the Department of Protective and Regulatory
82-25 Services applies only to a violation that occurs on or after the
83-1 effective date of this Act. A violation that occurs before the
83-2 effective date of this Act is governed by the law in effect on the
83-3 date the violation occurred, and the former law is continued in
83-4 effect for that purpose.
83-5 (g) The change in law made by this Act relating to the
83-6 qualifications for a license issued by the Department of Protective
83-7 and Regulatory Services applies only to an application for a
83-8 license made on or after the effective date of this Act. An
83-9 application made before the effective date of this Act is governed
83-10 by the law in effect on the date the application was made, and the
83-11 former law is continued in effect for that purpose.
83-12 (h) The change in law made by this Act regarding the
83-13 termination of the parent-child relationship applies only to a suit
83-14 affecting the parent-child relationship in which termination of the
83-15 parent-child relationship is sought filed on or after the effective
83-16 date of this Act. A suit affecting the parent-child relationship
83-17 in which termination of the parent-child relationship is sought
83-18 filed before the effective date of this Act is governed by the law
83-19 in effect on the date the suit was filed, and the former law is
83-20 continued in effect for that purpose.
83-21 SECTION 73. (a) The change in law made by this Act relating
83-22 to a contested case hearing conducted by the State Office of
83-23 Administrative Hearings on behalf of the Department of Protective
83-24 and Regulatory Services applies only to a hearing that begins on or
83-25 after January 1, 1998. Notwithstanding any other provision of this
84-1 Act, a hearing that begins before that date is governed by the law
84-2 in effect at the time the hearing begins, and that law is continued
84-3 in effect for that purpose.
84-4 (b) The executive director of the Department of Protective
84-5 and Regulatory Services and the chief administrative law judge of
84-6 the State Office of Administrative Hearings may agree to transfer
84-7 contested cases pending before the Department of Protective and
84-8 Regulatory Services to the State Office of Administrative Hearings
84-9 before January 1, 1998.
84-10 SECTION 74. Section 42.0461, Human Resources Code, as added
84-11 by this Act, applies only to an application for a license or for
84-12 authorization to expand capacity under a license filed on or after
84-13 the effective date of this Act. An application filed before the
84-14 effective date of this Act is governed by the law in effect at the
84-15 time the application was filed, and the former law is continued in
84-16 effect for that purpose.
84-17 SECTION 75. (a) The change in law made by Sections 51
84-18 through 62 of this Act takes effect January 1, 1998.
84-19 (b) Except as provided by Subsection (c) of this section,
84-20 Sections 51 through 62 of this Act apply to a pending suit
84-21 affecting the parent-child relationship regardless of whether the
84-22 suit was commenced before, on, or after the effective date of this
84-23 Act.
84-24 (c) If the Department of Protective and Regulatory Services
84-25 has been appointed temporary managing conservator of a child before
85-1 the effective date of this Act, the court shall establish a date
85-2 for dismissal of the suit not later than the second anniversary of
85-3 the date of the next hearing conducted under Chapter 263, Family
85-4 Code, unless the court has rendered a final order before the
85-5 dismissal date.
85-6 SECTION 76. The Health and Human Services Commission shall
85-7 adopt the rules required by Section 531.047, Government Code, as
85-8 added by this Act, not later than January 1, 1998.
85-9 SECTION 77. An agency that purchases substitute care
85-10 services shall review the effectiveness of the result-oriented
85-11 standards adopted under Section 531.047, Government Code, as added
85-12 by this Act, and report to the governor, lieutenant governor,
85-13 speaker of the house of representatives, comptroller, and
85-14 Legislative Budget Board not later than January 31, 1999.
85-15 SECTION 78. Not later than September 15, 1997, each agency
85-16 or subdivision of the state that inspects child-care facilities
85-17 shall submit a copy of the inspection form used by the agency or
85-18 subdivision to the Department of Protective and Regulatory Services
85-19 for the department's use in implementing Section 42.0441, Human
85-20 Resources Code, as added by this Act.
85-21 SECTION 79. The Department of Protective and Regulatory
85-22 Services shall establish a working group to coordinate the
85-23 processing of child protection cases. The working group shall
85-24 consist of representatives from the Office of Court Administration,
85-25 the Texas Supreme Court, and district and county attorneys'
86-1 offices. The working group shall report its recommendations to the
86-2 Texas Supreme Court not later than September 1, 1998. After
86-3 considering the recommendations of the working group, the Texas
86-4 Supreme Court shall adopt rules regarding the processing of child
86-5 protection cases.
86-6 SECTION 80. If, before implementing any provision of this
86-7 Act, a state agency determines that a waiver or authorization from
86-8 a federal agency is necessary to implement a provision, the state
86-9 agency shall request the waiver or authorization and may delay
86-10 implementing the provision until the waiver or authorization is
86-11 granted.
86-12 SECTION 81. The importance of this legislation and the
86-13 crowded condition of the calendars in both houses create an
86-14 emergency and an imperative public necessity that the
86-15 constitutional rule requiring bills to be read on three several
86-16 days in each house be suspended, and this rule is hereby suspended.