By Brown S.B. No. 359
75R1800 JMM/KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and operation of the Department of
1-3 Protective and Regulatory Services, the provision of services to
1-4 children and families, and suits affecting the parent-child
1-5 relationship; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 40.003, Human Resources Code, is amended
1-8 to read as follows:
1-9 Sec. 40.003. SUNSET PROVISION. The Department of Protective
1-10 and Regulatory Services is subject to Chapter 325, Government Code
1-11 (Texas Sunset Act). Unless continued in existence as provided by
1-12 that chapter, the department is abolished and this chapter expires
1-13 September 1, 2009 [1997].
1-14 SECTION 2. Subchapter A, Chapter 40, Human Resources Code,
1-15 is amended by amending Section 40.004 and adding Section 40.0041 to
1-16 read as follows:
1-17 Sec. 40.004. PUBLIC INTEREST INFORMATION [AND COMPLAINTS].
1-18 (a) The board [department] shall develop and implement policies
1-19 that provide the public with a reasonable opportunity to appear
1-20 before the board [department] and to speak on any issue under the
1-21 jurisdiction of the department.
1-22 (b) The department shall prepare information of public
1-23 interest describing the functions of the department [and the
1-24 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.]
2-26 Sec. 40.0041. COMPLAINT PROCESS. (a) The department shall
2-27 develop and implement a uniform process for receiving and resolving
3-1 complaints against the department throughout the state. The
3-2 process shall include:
3-3 (1) statewide procedures through which the public,
3-4 consumers, and service recipients are informed:
3-5 (A) of the right to make a complaint against the
3-6 department, including the mailing addresses and telephone numbers
3-7 of appropriate department personnel responsible for receiving
3-8 complaints and providing related assistance; and
3-9 (B) of the department's procedures for resolving
3-10 a complaint, including the right to appeal a decision made at the
3-11 local level;
3-12 (2) development and statewide distribution of a form
3-13 that may be used to make a complaint;
3-14 (3) a requirement that the department provide
3-15 information by mail regarding the department's procedures for
3-16 investigating and resolving a complaint to each person who:
3-17 (A) makes a complaint; or
3-18 (B) is named in a complaint; and
3-19 (4) a requirement that the department provide status
3-20 information at least quarterly to a person with a pending written
3-21 complaint against the department and to each person named in the
3-22 complaint, unless the information would jeopardize an undercover
3-23 investigation.
3-24 (b) In addition to other appropriate methods, the department
3-25 may provide the information specified by Subsection (a)(1):
3-26 (1) on each registration form, application, or written
3-27 contract for services of a person regulated by the department;
4-1 (2) on a sign prominently displayed in the place of
4-2 business of each person regulated by the department; or
4-3 (3) in a bill for service provided by a person
4-4 regulated by the department.
4-5 (c) The department shall keep an information file about each
4-6 complaint made against the department that the department has
4-7 authority to resolve.
4-8 (d) The executive director shall develop a consistent,
4-9 statewide process for addressing an appeal by a person dissatisfied
4-10 with the resolution of a complaint at the regional level. The
4-11 process may not include the hearing of an appeal by the
4-12 department's ombudsman office.
4-13 (e) The department shall develop and maintain a centralized
4-14 tracking system to gather information concerning all complaints
4-15 made against the department throughout the state. The department
4-16 shall require its personnel to provide information regarding each
4-17 complaint for inclusion in records maintained under the tracking
4-18 system at the department's state headquarters, regardless of the
4-19 location or level at which the complaint is initiated or resolved.
4-20 The department shall require at least the following information to
4-21 be maintained for each complaint:
4-22 (1) the date the complaint is received;
4-23 (2) the name of the person making the complaint;
4-24 (3) the subject matter of the complaint;
4-25 (4) a record of all persons contacted by the
4-26 department in relation to the complaint;
4-27 (5) a summary of the results of the review or
5-1 investigation of the complaint; and
5-2 (6) for each complaint determined by the department to
5-3 require no corrective action, an explanation of the reason that the
5-4 complaint was closed without action.
5-5 (f) The department shall periodically prepare and deliver
5-6 reports to the board and the executive director regarding the
5-7 number, type, and resolution of complaints made in the state
5-8 against the department.
5-9 SECTION 3. Subchapter A, Chapter 40, Human Resources Code,
5-10 is amended by adding Section 40.008 to read as follows:
5-11 Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall
5-12 comply with federal and state laws related to program and facility
5-13 accessibility. The department shall also prepare and maintain a
5-14 written plan that describes how a person who does not speak English
5-15 can be provided reasonable access to the department's programs and
5-16 services.
5-17 SECTION 4. Section 40.021(a), Human Resources Code, is
5-18 amended to read as follows:
5-19 (a) The board is composed of six members appointed by the
5-20 governor with the advice and consent of the senate. The governor
5-21 shall [annually] designate one member to be the presiding officer
5-22 of the board to serve in that capacity at the pleasure of the
5-23 governor.
5-24 SECTION 5. Section 40.022, Human Resources Code, is amended
5-25 to read as follows:
5-26 Sec. 40.022. Restrictions on Board Appointment or
5-27 Membership. (a) A person is not eligible for appointment as a
6-1 member of the board if the person or the person's spouse:
6-2 (1) is a person who is employed by or participates in
6-3 the management of a business entity or other organization regulated
6-4 by the department or receiving funds [a substantial amount of
6-5 money] from the department;
6-6 (2) owns or controls, directly or indirectly, more
6-7 than a 10 percent interest in a business entity or other
6-8 organization that is regulated by the department or that receives
6-9 funds [money] from the department;
6-10 (3) uses or receives a substantial amount of tangible
6-11 goods, services, or money from the department, other than
6-12 compensation or reimbursement authorized by law for board
6-13 membership, attendance, or expenses [incurred as a board member],
6-14 or as a client or a parent or guardian of a client receiving
6-15 services from the department; or
6-16 (4) is an employee, officer, or paid consultant of a
6-17 trade association in a field under the jurisdiction of the
6-18 department.
6-19 (b) In addition to the requirements of Subsection (a), a
6-20 person is not eligible for appointment as a public member of the
6-21 board if the person or the person's spouse is registered,
6-22 certified, or licensed by an occupational regulatory agency in a
6-23 field under the jurisdiction of the department. [A person who is
6-24 required to register as a lobbyist under Chapter 305, Government
6-25 Code, because of the person's activities for compensation in or for
6-26 a profession related to the operation of the department may not
6-27 serve as a member of the board.]
7-1 SECTION 6. Subchapter B, Chapter 40, Human Resources Code,
7-2 is amended by adding Section 40.0225 to read as follows:
7-3 Sec. 40.0225. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
7-4 (a) An officer, employee, or paid consultant of a Texas trade
7-5 association in a field under the jurisdiction of the department may
7-6 not be a member of the board or an employee of the department who
7-7 is exempt from the state's position classification plan or is
7-8 compensated at or above the amount prescribed by the General
7-9 Appropriations Act for step 1, salary group 17, of the position
7-10 classification salary schedule.
7-11 (b) A person who is the spouse of an officer, manager, or
7-12 paid consultant of a Texas trade association in a field under the
7-13 jurisdiction of the department may not be a member of the board and
7-14 may not be an employee of the department who is exempt from the
7-15 state's position classification plan or is compensated at or above
7-16 the amount prescribed by the General Appropriations Act for step 1,
7-17 salary group 17, of the position classification salary schedule.
7-18 (c) A person may not serve as a member of the board or act
7-19 as the general counsel to the board or the department if the person
7-20 is required to register as a lobbyist under Chapter 305, Government
7-21 Code, because of the person's activities for compensation on behalf
7-22 of a profession related to the operation of the department.
7-23 (d) For the purposes of this section, a Texas trade
7-24 association is a nonprofit, cooperative, and voluntarily joined
7-25 association of business or professional competitors in this state
7-26 designed to assist its members and its industry or profession in
7-27 dealing with mutual business or professional problems and in
8-1 promoting their common interest.
8-2 SECTION 7. Subchapter B, Chapter 40, Human Resources Code,
8-3 is amended by adding Section 40.0226 to read as follows:
8-4 Sec. 40.0226. BOARD MEMBER TRAINING. (a) Before a member
8-5 of the board may assume the member's duties and before the member
8-6 may be confirmed by the senate, the member must complete at least
8-7 one course of the training program established under this section.
8-8 (b) A training program established under this section shall
8-9 provide information to the member regarding:
8-10 (1) the enabling legislation that created the
8-11 department and the board;
8-12 (2) the programs operated by the department;
8-13 (3) the role and functions of the department;
8-14 (4) the rules of the department, with an emphasis on
8-15 the rules that relate to disciplinary and investigatory authority;
8-16 (5) the current budget for the department;
8-17 (6) the results of the most recent formal audit of the
8-18 department;
8-19 (7) the requirements of the:
8-20 (A) open meetings law, Chapter 551, Government
8-21 Code;
8-22 (B) open records law, Chapter 552, Government
8-23 Code; and
8-24 (C) administrative procedure law, Chapter 2001,
8-25 Government Code;
8-26 (8) the requirements of the conflict-of-interest laws
8-27 and other laws relating to public officials; and
9-1 (9) any applicable ethics policies adopted by the
9-2 board or the Texas Ethics Commission.
9-3 SECTION 8. Section 40.028(b), Human Resources Code, is
9-4 amended to read as follows:
9-5 (b) The board shall:
9-6 (1) supervise the executive director's administration
9-7 and enforcement of the laws of this state that impose duties on the
9-8 department or board; and
9-9 (2) develop and implement policies that clearly
9-10 separate the policymaking [respective] responsibilities of the
9-11 board and the management responsibilities of the executive director
9-12 and the staff of the department.
9-13 SECTION 9. Subchapter B, Chapter 40, Human Resources Code,
9-14 is amended by adding Section 40.0305 to read as follows:
9-15 Sec. 40.0305. STRATEGIC TECHNOLOGY STEERING COMMITTEE. (a)
9-16 The department shall establish a strategic technology steering
9-17 committee within the department to evaluate major information
9-18 technology project proposals.
9-19 (b) The steering committee shall consist of the department's
9-20 information resources manager and other department employees
9-21 designated by the executive director from senior management,
9-22 information resources technology staff, and employees who are
9-23 primary users of information resources. The information resources
9-24 manager shall serve as presiding officer of the committee.
9-25 (c) In evaluating major information technology project
9-26 proposals, the steering committee shall:
9-27 (1) assess the major information needs of the
10-1 department;
10-2 (2) define standard criteria for setting priorities
10-3 for the department's information needs;
10-4 (3) forecast the returns to the department on project
10-5 investments; and
10-6 (4) investigate the department's available information
10-7 resources.
10-8 (d) The steering committee shall make recommendations to the
10-9 executive director based on the committee's performance of its
10-10 duties.
10-11 SECTION 10. Section 40.032, Human Resources Code, is amended
10-12 to read as follows:
10-13 Sec. 40.032. PERSONNEL. (a) The executive director may
10-14 employ personnel necessary to administer the department's duties.
10-15 (b) The executive director or the executive director's
10-16 designated representative shall develop an intradepartmental career
10-17 ladder program that addresses opportunities for mobility and
10-18 advancement for employees within the department. The program[, one
10-19 part of which] shall require the intradepartmental posting of all
10-20 [non-entry-level] positions concurrently with any public posting.
10-21 (c) The executive director or the executive director's
10-22 designated representative shall develop a system of annual
10-23 performance evaluations based on measurable job tasks. All merit
10-24 pay for department employees must be based on the system
10-25 established under this subsection.
10-26 (d) The executive director or the executive director's
10-27 designated representative shall provide to members of the board and
11-1 to the department's employees, as often as is necessary,
11-2 information regarding their qualifications for office or employment
11-3 under this chapter and their responsibilities under applicable laws
11-4 relating to standards of conduct for state officers or employees.
11-5 (e) The executive director or the executive director's
11-6 designated representative shall prepare and maintain a written
11-7 policy statement to ensure implementation of a program of equal
11-8 employment opportunity under which all personnel transactions are
11-9 made without regard to race, color, disability, sex, religion, age,
11-10 or national origin. The policy statement must include:
11-11 (1) personnel policies, including policies relating to
11-12 recruitment, evaluation, selection, appointment, training, and
11-13 promotion of personnel that comply with Chapter 21, Labor Code;
11-14 (2) a comprehensive analysis of the department's
11-15 workforce that meets federal and state guidelines;
11-16 (3) procedures by which a determination can be made
11-17 about the extent of [significant] underuse in the department's
11-18 workforce of all persons for whom federal or state guidelines
11-19 encourage a more equitable balance; and
11-20 (4) reasonable methods to appropriately address those
11-21 areas of [significant] underuse [in the department's workforce of
11-22 all persons for whom federal or state guidelines encourage a more
11-23 equitable balance].
11-24 (f) The policy statement required under Subsection (e)
11-25 shall:
11-26 (1) be filed with the governor's office;
11-27 (2) [,] cover an annual period;
12-1 (3) [, and] be updated at least annually; and
12-2 (4) be reviewed by the Commission on Human Rights for
12-3 compliance with Subsection (e)(1).
12-4 (g) The governor's office shall develop and deliver a
12-5 biennial report to the legislature based on the information
12-6 submitted under Subsection (f). The report may be made separately
12-7 or as a part of other biennial reports made to the legislature.
12-8 SECTION 11. Subchapter C, Chapter 40, Human Resources Code,
12-9 is amended by adding Section 40.0525 to read as follows:
12-10 Sec. 40.0525. SEPARATION OF INVESTIGATORY AND SERVICE
12-11 DELIVERY FUNCTIONS. (a) To the extent feasible, the department
12-12 shall separate the performance of investigations by department
12-13 employees from the delivery of services to clients and their
12-14 families. The department may take into consideration the needs and
12-15 caseloads in the different regions of the state in developing
12-16 policies for the separation of the department's investigatory and
12-17 service delivery functions.
12-18 (b) The department shall develop policies and procedures for
12-19 the exchange of information between employees who are responsible
12-20 for performing investigations and employees who are responsible for
12-21 the delivery of services to clients and families.
12-22 (c) This section does not require the department to
12-23 establish separate departments for investigations and service
12-24 delivery.
12-25 SECTION 12. Subchapter C, Chapter 40, Human Resources Code,
12-26 is amended by adding Sections 40.0563-40.0565 to read as follows:
12-27 Sec. 40.0563. COUNTY OUTREACH PROGRAM. (a) The department
13-1 shall develop and implement a standard statewide outreach program
13-2 under which the department:
13-3 (1) informs each county of the availability of federal
13-4 funds to pay costs of providing child and adult protective services
13-5 within the county; and
13-6 (2) provides technical assistance on request to a
13-7 county seeking federal funds.
13-8 (b) In implementing the program, the department shall:
13-9 (1) designate local department personnel responsible
13-10 for performing the functions specified in Subsection (a);
13-11 (2) designate a statewide coordinator responsible for
13-12 coordinating the activities of local department personnel and
13-13 developing methods of providing information to counties; and
13-14 (3) develop a database that:
13-15 (A) identifies department and county personnel
13-16 involved with the outreach program; and
13-17 (B) contains information regarding the date and
13-18 type of assistance provided by the department to each county.
13-19 (c) The department, in consultation with the Legislative
13-20 Budget Board, shall ensure that a record is maintained of the
13-21 amount of funding for child and adult protective services that each
13-22 county receives directly from the federal government.
13-23 Sec. 40.0564. DEPARTMENT FUNDS. All money paid to the
13-24 department under this chapter is subject to Subchapter F, Chapter
13-25 404, Government Code.
13-26 Sec. 40.0565. REPORT. On or before November 1 of each year,
13-27 the department shall file with the governor and the presiding
14-1 officer of each house of the legislature a complete and detailed
14-2 written report accounting for all funds received and disbursed by
14-3 the department during the preceding fiscal year. The annual report
14-4 must meet the reporting requirements applicable to financial
14-5 reporting in the General Appropriations Act.
14-6 SECTION 13. Section 40.058, Human Resources Code, is amended
14-7 to read as follows:
14-8 Sec. 40.058. Contracts and Agreements. (a) The department
14-9 may enter into contracts or agreements with any person, including a
14-10 federal, state, or other public or private agency, as necessary to
14-11 perform any of the department's powers or duties.
14-12 (b) A contract for the purchase of program-related client
14-13 services must include:
14-14 (1) clearly defined goals and outcomes that can be
14-15 measured to determine whether the objectives of the program are
14-16 being achieved;
14-17 (2) clearly defined sanctions or penalties for
14-18 noncompliance with contract terms; and
14-19 (3) clearly specified accounting, reporting, and
14-20 auditing requirements applicable to money received under the
14-21 contract.
14-22 (c) The department shall monitor a contractor's performance
14-23 under a contract for the purchase of program-related client
14-24 services. In monitoring performance, the department shall:
14-25 (1) use a risk-assessment methodology to ensure
14-26 compliance with financial and performance requirements under the
14-27 contract; and
15-1 (2) obtain and evaluate program cost information to
15-2 ensure that all costs, including administrative costs, are
15-3 reasonable and necessary to achieve program objectives.
15-4 (d) An agreement made under this section is not subject to
15-5 Chapter 771, Government Code.
15-6 SECTION 14. Subchapter C, Chapter 40, Human Resources Code,
15-7 is amended by adding Sections 40.066 and 40.067 to read as follows:
15-8 Sec. 40.066. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
15-9 HEARINGS. (a) Except as provided by Subsection (e), the
15-10 department and the chief administrative law judge of the State
15-11 Office of Administrative Hearings by rule shall adopt a memorandum
15-12 of understanding under which the State Office of Administrative
15-13 Hearings, on behalf of the department, conducts all contested case
15-14 hearings under the administrative procedure law, Chapter 2001,
15-15 Government Code, authorized or required by law to be conducted by
15-16 the department.
15-17 (b) The memorandum of understanding shall require the chief
15-18 administrative law judge, the department, and the executive
15-19 director to cooperate in connection with a contested case hearing
15-20 and may authorize the State Office of Administrative Hearings to
15-21 perform any administrative act, including giving of notice, that is
15-22 required to be performed by the department or executive director.
15-23 (c) The administrative law judge who conducts a contested
15-24 case hearing for the State Office of Administrative Hearings on
15-25 behalf of the department shall enter the final decision in the case
15-26 after completion of the hearing.
15-27 (d) The department by interagency contract shall reimburse
16-1 the State Office of Administrative Hearings for the costs incurred
16-2 in conducting contested case hearings for the department. The
16-3 department may pay an hourly fee for the costs of conducting those
16-4 hearings or a fixed annual fee negotiated biennially by the
16-5 department and the State Office of Administrative Hearings to
16-6 coincide with the department's legislative appropriations request.
16-7 (e) This section does not apply to a personnel grievance
16-8 hearing involving a department employee.
16-9 Sec. 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED
16-10 MEXICAN STATES. The department shall:
16-11 (1) study issues related to providing child and adult
16-12 protective services in areas bordering the United Mexican States;
16-13 (2) develop a plan for providing those services in the
16-14 most efficient manner; and
16-15 (3) pursue and enter into agreements for coordinated
16-16 services, to the extent permissible under federal law, with the
16-17 United Mexican States or any of its political subdivisions.
16-18 SECTION 15. Subchapter C, Chapter 42, Human Resources Code,
16-19 is amended by adding Section 42.0461 to read as follows:
16-20 Sec. 42.0461. LICENSES RELATING TO FOSTER CARE. (a) Before
16-21 issuing a license to an entity that provides foster care services,
16-22 including a child-care institution, child-placing agency, foster
16-23 group home, and foster family home, or expanding the entity's
16-24 capacity under a license, the department shall:
16-25 (1) require the applicant or license holder to publish
16-26 notice in compliance with Subsection (b);
16-27 (2) conduct a public hearing on whether the proposed
17-1 action should be taken; and
17-2 (3) determine:
17-3 (A) the degree of community support for the
17-4 proposed action;
17-5 (B) the amount of local resources available to
17-6 support children proposed to be served by the entity;
17-7 (C) the impact of the proposed action on the
17-8 ratio in the local school district of students enrolled in a
17-9 special education program to students enrolled in a regular
17-10 education program; and
17-11 (D) the impact of the proposed action on the
17-12 local community.
17-13 (b) An applicant for a license to provide foster care
17-14 services or a license holder seeking expansion of capacity under
17-15 the license shall publish notice of the proposed action in a
17-16 newspaper of general circulation in the community in which the
17-17 foster care services are proposed to be provided. The notice must
17-18 be published at least one week before the date of the public
17-19 hearing required by Subsection (a) and must include:
17-20 (1) the name and address of the applicant or license
17-21 holder;
17-22 (2) the address at which the foster care services are
17-23 proposed to be provided;
17-24 (3) the date and location of the public hearing; and
17-25 (4) the name, address, and telephone number of the
17-26 department as the state agency with authority to approve or deny
17-27 the proposed action.
18-1 (c) The department may deny a license to an entity seeking
18-2 to provide foster care services or deny a request to expand such an
18-3 entity's capacity under a license if the department determines
18-4 that:
18-5 (1) the community in which the foster care services
18-6 are proposed to be provided does not predominately support the
18-7 issuance of the license or expansion of capacity;
18-8 (2) sufficient local resources are not available in
18-9 that community to support children proposed to be served by the
18-10 entity;
18-11 (3) the issuance of the license or expansion of
18-12 capacity would significantly increase the ratio in the local school
18-13 district serving that community of students enrolled in a special
18-14 education program to students enrolled in a regular education
18-15 program; or
18-16 (4) the issuance of the license or expansion of
18-17 capacity would have a significant adverse impact on that community.
18-18 (d) This section does not require:
18-19 (1) the department to conduct a public hearing or make
18-20 the determinations required by Subsection (a)(3) in connection with
18-21 the renewal of a license that does not involve expanding an
18-22 entity's authorization to provide foster care services; or
18-23 (2) an applicant for renewal of a license to publish
18-24 notice of the proposed renewal in a newspaper if the application
18-25 does not involve expansion of the applicant's capacity to provide
18-26 foster care services.
18-27 SECTION 16. Section 42.049(f), Human Resources Code, is
19-1 amended to read as follows:
19-2 (f) A license must be issued if the division determines that
19-3 a facility meets all requirements. The evaluation shall be based
19-4 on one or more visits to the facility and a review of required
19-5 forms and records. [A license is valid until revoked or
19-6 surrendered.]
19-7 SECTION 17. Subchapter C, Chapter 42, Human Resources Code,
19-8 is amended by adding Section 42.0495 to read as follows:
19-9 Sec. 42.0495. STAGGERED RENEWAL DATE OF LICENSE. The board
19-10 by rule may adopt a system under which licenses expire on various
19-11 dates during the year. For the year in which the license
19-12 expiration date is changed, license fees shall be prorated on a
19-13 monthly basis so that each license holder pays only that portion of
19-14 the license fee that is allocable to the number of months during
19-15 which the license is valid. On renewal of the license on the new
19-16 expiration date, the total license renewal fee is payable.
19-17 SECTION 18. Subchapter C, Chapter 42, Human Resources Code,
19-18 is amended by adding Section 42.0505 to read as follows:
19-19 Sec. 42.0505. RENEWAL OF LICENSE. (a) A person who is
19-20 otherwise eligible to renew a license may renew an unexpired
19-21 license by paying the required annual fee to the department before
19-22 the expiration date of the license. A person whose license has
19-23 expired may not engage in activities that require a license until
19-24 the license has been renewed under the provisions of this section.
19-25 (b) If the person's license has been expired for 90 days or
19-26 less, the person may renew the license by paying to the department
19-27 1-1/2 times the required annual fee.
20-1 (c) If the person's license has been expired for longer than
20-2 90 days but less than one year, the person may renew the license by
20-3 paying to the department two times the required annual fee.
20-4 (d) If the person's license has been expired for one year or
20-5 longer, the person may not renew the license. The person may
20-6 obtain a new license by complying with the requirements and
20-7 procedures for obtaining an original license.
20-8 (e) If the person was licensed in this state, moved to
20-9 another state, and is currently licensed and has been in practice
20-10 in the other state for the two years preceding application, the
20-11 person may renew an expired license without reexamination. The
20-12 person must pay to the department a fee that is equal to two times
20-13 the required annual fee for the license.
20-14 (f) At least 30 days before the expiration of a person's
20-15 license, the department shall send written notice of the impending
20-16 license expiration to the person at the license holder's last known
20-17 address according to the records of the department.
20-18 SECTION 19. Subchapter C, Chapter 42, Human Resources Code,
20-19 is amended by adding Section 42.057 to read as follows:
20-20 Sec. 42.057. COMPETITIVE BIDDING OR ADVERTISING RULES. (a)
20-21 The board may not adopt rules restricting competitive bidding or
20-22 advertising by a license holder except to prohibit false,
20-23 misleading, or deceptive practices.
20-24 (b) In its rules to prohibit false, misleading, or deceptive
20-25 practices, the board may not include a rule that:
20-26 (1) restricts the use of any medium for advertising;
20-27 (2) restricts the use of a license holder's personal
21-1 appearance or voice in an advertisement;
21-2 (3) relates to the size or duration of an
21-3 advertisement by the license holder; or
21-4 (4) restricts the license holder's advertisement under
21-5 a trade name.
21-6 SECTION 20. Subchapter D, Chapter 42, Human Resources Code,
21-7 is amended by adding Section 42.0705 to read as follows:
21-8 Sec. 42.0705. RANGE OF PENALTIES. The division shall
21-9 revoke, suspend, or refuse to renew a license, place on probation a
21-10 person whose license has been suspended, or reprimand a license
21-11 holder for a violation of this chapter or a rule of the board. If
21-12 a license suspension is probated, the division may require the
21-13 license holder to:
21-14 (1) report regularly to the division on matters that
21-15 are the basis of the probation;
21-16 (2) limit practice to the areas prescribed by the
21-17 division; or
21-18 (3) continue or review professional education until
21-19 the license holder attains a degree of skill satisfactory to the
21-20 division in those areas that are the basis of the probation.
21-21 SECTION 21. Subchapter D, Chapter 42, Human Resources Code,
21-22 is amended by adding Section 42.0715 to read as follows:
21-23 Sec. 42.0715. COSTS CHARGED TO FACILITY. The division shall
21-24 charge a facility for reimbursement of the reasonable cost of
21-25 services provided by the division in formulating, monitoring, and
21-26 implementing a corrective action plan for the facility.
21-27 SECTION 22. Section 42.072, Human Resources Code, is amended
22-1 to read as follows:
22-2 Sec. 42.072. LICENSE DENIAL, SUSPENSION, OR REVOCATION. (a)
22-3 The division may suspend, deny, [or] revoke, or refuse to renew the
22-4 license or certification of approval of a facility that does not
22-5 comply with the requirements of this chapter, the standards and
22-6 rules of the department, or the specific terms of the license or
22-7 certification. The division may revoke the probation of a license
22-8 holder whose license is suspended if the license holder violates a
22-9 term of the conditions of probation.
22-10 (b) If the division proposes to take an action under
22-11 Subsection (a), the person is entitled to a hearing conducted by
22-12 the State Office of Administrative Hearings. Proceedings for a
22-13 disciplinary action are governed by the administrative procedure
22-14 law, Chapter 2001, Government Code. Rules of practice adopted by
22-15 the board under Section 2001.004, Government Code, applicable to
22-16 the proceedings for a disciplinary action may not conflict with
22-17 rules adopted by the State Office of Administrative Hearings.
22-18 (c) [The division shall notify the person operating or
22-19 proposing to operate a facility of the reasons for the denial or
22-20 revocation and of the person's right to appeal the decision within
22-21 30 days after receiving the notice.]
22-22 [(c) A person who wishes to appeal a license denial or
22-23 revocation shall notify the director by certified mail within 30
22-24 days after receiving the notice required in Subsection (b) of this
22-25 section. The person shall send a copy of the notice of appeal to
22-26 the assigned division representative.]
22-27 [(d) The denial or revocation of a license or certification
23-1 and the appeal from that action are governed by the procedure for a
23-2 contested case hearing under Chapter 2001, Government Code.]
23-3 [(e) A person whose license has been denied or revoked may
23-4 challenge the decision by filing a suit in a district court of
23-5 Travis County or the county in which the person's facility is
23-6 located within 30 days after receiving the decision. The trial
23-7 shall be de novo.]
23-8 [(f) Records of the hearing shall be kept for two years
23-9 after a decision is rendered. On request, and at the person's own
23-10 expense, the division shall supply a copy of the verbatim
23-11 transcript of the hearing to a person appealing a license denial or
23-12 revocation in district court.]
23-13 [(g)] A person may continue to operate a facility during an
23-14 appeal of a disciplinary action [license denial or revocation]
23-15 unless the division has obtained injunctive relief under Section
23-16 42.074 or civil penalties under Section 42.075 or the facility has
23-17 been closed under Section 42.073.
23-18 (d) [(h)] A person whose license or certification is revoked
23-19 may not apply for any license or certification under this chapter
23-20 before the second anniversary of the date on which the revocation
23-21 takes effect by department or court order.
23-22 SECTION 23. Subchapter D, Chapter 42, Human Resources Code,
23-23 is amended by adding Section 42.078 to read as follows:
23-24 Sec. 42.078. ADMINISTRATIVE PENALTY. (a) The board may
23-25 impose an administrative penalty against a facility licensed or
23-26 registered under this chapter that violates this chapter or a rule
23-27 or order adopted under this chapter.
24-1 (b) The penalty for a violation may be in an amount not to
24-2 exceed $100. Each day a violation continues or occurs is a
24-3 separate violation for purposes of imposing a penalty.
24-4 (c) The amount of the penalty shall be based on:
24-5 (1) the seriousness of the violation, including the
24-6 nature, circumstances, extent, and gravity of any prohibited acts,
24-7 and the hazard or potential hazard created to the health, safety,
24-8 or economic welfare of the public;
24-9 (2) the economic harm to property or the environment
24-10 caused by the violation;
24-11 (3) the history of previous violations;
24-12 (4) the amount necessary to deter future violations;
24-13 (5) efforts to correct the violation; and
24-14 (6) any other matter that justice may require.
24-15 (d) If the executive director determines that a violation
24-16 has occurred, the director may issue to the board a report that
24-17 states the facts on which the determination is based and the
24-18 director's recommendation on the imposition of a penalty, including
24-19 a recommendation on the amount of the penalty.
24-20 (e) Within 14 days after the date the report is issued, the
24-21 executive director shall give written notice of the report to the
24-22 person. The notice may be given by certified mail. The notice
24-23 must include a brief summary of the alleged violation and a
24-24 statement of the amount of the recommended penalty and must inform
24-25 the person that the person has a right to a hearing on the
24-26 occurrence of the violation, the amount of the penalty, or both the
24-27 occurrence of the violation and the amount of the penalty.
25-1 (f) Within 20 days after the date the person receives the
25-2 notice, the person in writing may accept the determination and
25-3 recommended penalty of the executive director or may make a written
25-4 request for a hearing on the occurrence of the violation, the
25-5 amount of the penalty, or both the occurrence of the violation and
25-6 the amount of the penalty.
25-7 (g) If the person accepts the determination and recommended
25-8 penalty of the executive director, the board by order shall approve
25-9 the determination and impose the recommended penalty.
25-10 (h) If the person requests a hearing or fails to respond
25-11 timely to the notice, the executive director shall set a hearing
25-12 and give notice of the hearing to the person. The hearing shall be
25-13 held by an administrative law judge of the State Office of
25-14 Administrative Hearings. The administrative law judge shall make
25-15 findings of fact and conclusions of law and issue a final decision
25-16 finding that a violation has occurred and imposing a penalty or
25-17 finding that no violation occurred.
25-18 (i) The notice of the administrative law judge's order given
25-19 to the person under Chapter 2001, Government Code, must include a
25-20 statement of the right of the person to judicial review of the
25-21 order.
25-22 (j) Within 30 days after the date the administrative law
25-23 judge's order becomes final as provided by Section 2001.144,
25-24 Government Code, the person shall:
25-25 (1) pay the amount of the penalty;
25-26 (2) pay the amount of the penalty and file a petition
25-27 for judicial review contesting the occurrence of the violation, the
26-1 amount of the penalty, or both the occurrence of the violation and
26-2 the amount of the penalty; or
26-3 (3) without paying the amount of the penalty, file a
26-4 petition for judicial review contesting the occurrence of the
26-5 violation, the amount of the penalty, or both the occurrence of the
26-6 violation and the amount of the penalty.
26-7 (k) Within the 30-day period, a person who acts under
26-8 Subsection (j)(3) may:
26-9 (1) stay enforcement of the penalty by:
26-10 (A) paying the amount of the penalty to the
26-11 court for placement in an escrow account; or
26-12 (B) giving to the court a supersedeas bond that
26-13 is approved by the court for the amount of the penalty and that is
26-14 effective until all judicial review of the board's order is final;
26-15 or
26-16 (2) request the court to stay enforcement of the
26-17 penalty by:
26-18 (A) filing with the court a sworn affidavit of
26-19 the person stating that the person is financially unable to pay the
26-20 amount of the penalty and is financially unable to give the
26-21 supersedeas bond; and
26-22 (B) giving a copy of the affidavit to the
26-23 executive director by certified mail.
26-24 (l) On receipt of a copy of an affidavit under Subsection
26-25 (k)(2), the executive director may file with the court, within five
26-26 days after the date the copy is received, a contest to the
26-27 affidavit. The court shall hold a hearing on the facts alleged in
27-1 the affidavit as soon as practicable and shall stay the enforcement
27-2 of the penalty on finding that the alleged facts are true. The
27-3 person who files an affidavit has the burden of proving that the
27-4 person is financially unable to pay the amount of the penalty and
27-5 to give a supersedeas bond.
27-6 (m) If the person does not pay the amount of the penalty and
27-7 the enforcement of the penalty is not stayed, the executive
27-8 director may refer the matter to the attorney general for
27-9 collection of the amount of the penalty.
27-10 (n) Judicial review of the order of the board:
27-11 (1) is instituted by filing a petition as provided by
27-12 Subchapter G, Chapter 2001, Government Code; and
27-13 (2) is under the substantial evidence rule.
27-14 (o) If the court sustains the occurrence of the violation,
27-15 the court may uphold or reduce the amount of the penalty and order
27-16 the person to pay the full or reduced amount of the penalty. If
27-17 the court does not sustain the occurrence of the violation, the
27-18 court shall order that no penalty is owed.
27-19 (p) When the judgment of the court becomes final, the court
27-20 shall proceed under this subsection. If the person paid the amount
27-21 of the penalty and if that amount is reduced or is not upheld by
27-22 the court, the court shall order that the appropriate amount plus
27-23 accrued interest be remitted to the person. The rate of the
27-24 interest is the rate charged on loans to depository institutions by
27-25 the New York Federal Reserve Bank, and the interest shall be paid
27-26 for the period beginning on the date the penalty was paid and
27-27 ending on the date the penalty is remitted. If the person gave a
28-1 supersedeas bond and if the amount of the penalty is not upheld by
28-2 the court, the court shall order the release of the bond. If the
28-3 person gave a supersedeas bond and if the amount of the penalty is
28-4 reduced, the court shall order the release of the bond after the
28-5 person pays the amount.
28-6 (q) A penalty collected under this section shall be sent to
28-7 the comptroller for deposit in the general revenue fund.
28-8 (r) All proceedings under this section are subject to
28-9 Chapter 2001, Government Code.
28-10 SECTION 24. Chapter 43, Human Resources Code, is amended by
28-11 adding Section 43.0042 to read as follows:
28-12 Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER
28-13 STATE. (a) The department may waive any prerequisite to obtaining
28-14 a license for an applicant:
28-15 (1) after reviewing the applicant's credentials and
28-16 determining that the applicant holds a valid license from another
28-17 state that has license requirements substantially equivalent to
28-18 those of this state; or
28-19 (2) after determining the applicant has a valid
28-20 license from another state with which this state has a reciprocity
28-21 agreement.
28-22 (b) The department may enter into an agreement with another
28-23 state to permit licensing by reciprocity.
28-24 SECTION 25. Chapter 43, Human Resources Code, is amended by
28-25 adding Section 43.0055 to read as follows:
28-26 Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES. (a)
28-27 The department may not adopt rules restricting competitive bidding
29-1 or advertising by a license holder except to prohibit false,
29-2 misleading, or deceptive practices.
29-3 (b) In its rules to prohibit false, misleading, or deceptive
29-4 practices, the department may not include a rule that:
29-5 (1) restricts the use of any medium for advertising;
29-6 (2) restricts the use of a license holder's personal
29-7 appearance or voice in an advertisement;
29-8 (3) relates to the size or duration of an
29-9 advertisement by the license holder; or
29-10 (4) restricts the license holder's advertisement under
29-11 a trade name.
29-12 SECTION 26. Section 43.006, Human Resources Code, is amended
29-13 to read as follows:
29-14 Sec. 43.006. Fees. The board may set and charge fees for
29-15 administering an examination and issuing an initial license, [or]
29-16 renewal license, or provisional license in amounts necessary to
29-17 cover the costs of administering this chapter.
29-18 SECTION 27. Chapter 43, Human Resources Code, is amended by
29-19 adding Section 43.0081 to read as follows:
29-20 Sec. 43.0081. PROVISIONAL LICENSE. (a) The department may
29-21 issue a provisional license to an applicant licensed in another
29-22 state who applies for a license in this state. An applicant for a
29-23 provisional license under this section must:
29-24 (1) be licensed in good standing as a child-care
29-25 administrator for at least two years in another state, the District
29-26 of Columbia, a foreign country, or a territory of the United States
29-27 that has licensing requirements that are substantially equivalent
30-1 to the requirements of this chapter;
30-2 (2) have passed a national or other examination
30-3 recognized by the department that demonstrates competence in the
30-4 field of child-care administration; and
30-5 (3) be sponsored by a person licensed by the
30-6 department under this chapter with whom the provisional license
30-7 holder may practice under this section.
30-8 (b) The department may waive the requirement of Subsection
30-9 (a)(3) for an applicant if the department determines that
30-10 compliance with that subsection constitutes a hardship to the
30-11 applicant.
30-12 (c) A provisional license is valid until the date the
30-13 department approves or denies the provisional license holder's
30-14 application for a license. The department shall issue a license
30-15 under this chapter to the provisional license holder if:
30-16 (1) the provisional license holder passes the
30-17 examination required by Section 43.004;
30-18 (2) the department verifies that the provisional
30-19 license holder has the academic and experience requirements for a
30-20 license under this chapter; and
30-21 (3) the provisional license holder satisfies any other
30-22 license requirements under this chapter.
30-23 (d) The department must complete the processing of a
30-24 provisional license holder's application for a license not later
30-25 than the 180th day after the date the provisional license is
30-26 issued. The department may extend the 180-day limit if the results
30-27 of the license holder's examination have not been received by the
31-1 department.
31-2 SECTION 28. Chapter 43, Human Resources Code, is amended by
31-3 adding Section 43.0082 to read as follows:
31-4 Sec. 43.0082. STAGGERED RENEWAL DATE OF LICENSE. The board
31-5 by rule may adopt a system under which licenses expire on various
31-6 dates during the year. For the year in which the license
31-7 expiration date is changed, license fees shall be prorated on a
31-8 monthly basis so that each license holder pays only that portion of
31-9 the license fee that is allocable to the number of months during
31-10 which the license is valid. On renewal of the license on the new
31-11 expiration date, the total license renewal fee is payable.
31-12 SECTION 29. Sections 43.009(b)-(f), Human Resources Code,
31-13 are amended to read as follows:
31-14 (b) The board shall recognize, prepare, or administer
31-15 continuing education programs for license holders. The continuing
31-16 education requirement may be fulfilled by studies in the areas of
31-17 legal aspects of child care, concepts related to the field of
31-18 social work, or other subjects approved by the department.
31-19 (c) A person who is otherwise eligible to renew a license
31-20 may renew an unexpired license by paying to the department before
31-21 the expiration date of the license the required renewal fee. A
31-22 person whose license has expired may not engage in the activities
31-23 that require a license until the license has been renewed under the
31-24 provisions of this section.
31-25 (d) If a person's license has been expired for 90 days or
31-26 less, the person may renew the license by paying to the department
31-27 one and [the required renewal fee and a fee that is] one-half times
32-1 the required renewal [of the examination] fee [for the license].
32-2 (e) If a person's license has been expired for longer than
32-3 90 days but less than one year [two years], the person may renew
32-4 the license by paying to the department two times the required [all
32-5 unpaid] renewal [fees and a] fee [that is equal to the examination
32-6 fee for the license].
32-7 (f) If a person's license has been expired for one year [two
32-8 years] or longer, the person may not renew the license. The person
32-9 may obtain a new license by submitting to reexamination and
32-10 complying with the requirements and procedures for obtaining an
32-11 original license. If the [However, the department may renew
32-12 without reexamination an expired license of a] person [who] was
32-13 licensed in this state, moved to another state, and is currently
32-14 licensed and has been in practice in the other state for the two
32-15 years preceding application, the person may renew an expired
32-16 license without reexamination. The person must pay to the
32-17 department a fee that is equal to two times the required renewal
32-18 [the examination] fee for the license.
32-19 SECTION 30. Section 43.010, Human Resources Code, is amended
32-20 to read as follows:
32-21 Sec. 43.010. LICENSE REVOCATION, [OR] SUSPENSION, OR
32-22 REFUSAL; REPRIMAND OR PROBATION. (a) The department shall
32-23 revoke, suspend, or refuse to renew a license, place on probation a
32-24 person whose license has been suspended, or reprimand a license
32-25 holder for a violation by the license holder of this chapter or a
32-26 rule of the board.
32-27 (b) The department may revoke a license if the license
33-1 holder is:
33-2 (1) convicted of a felony;
33-3 (2) convicted of a misdemeanor involving fraud or
33-4 deceit;
33-5 (3) addicted to a dangerous drug or intemperate in the
33-6 use of alcohol; or
33-7 (4) grossly negligent in performing duties as a
33-8 child-care administrator.
33-9 (c) [(b)] The department shall suspend a license, place on
33-10 probation a person whose license has been suspended, or reprimand a
33-11 license holder for a violation of this chapter or a rule of the
33-12 board.
33-13 (d) If a license suspension is probated, the department may
33-14 require the license holder:
33-15 (1) to report regularly to the department on the
33-16 conditions [matters that are the basis] of the probation;
33-17 (2) to limit practice to the areas prescribed by the
33-18 department; or
33-19 (3) to continue or renew professional education until
33-20 the practitioner attains a degree of skill satisfactory to the
33-21 department in those areas in which improvement is a condition [that
33-22 are the basis] of the probation.
33-23 SECTION 31. Chapter 43, Human Resources Code, is amended by
33-24 adding Sections 43.0105 and 43.0106 to read as follows:
33-25 Sec. 43.0105. REVOCATION OF PROBATION. The department may
33-26 revoke the probation of a license holder whose license is suspended
33-27 if the license holder violates a term of the conditions of
34-1 probation.
34-2 Sec. 43.0106. DISCIPLINARY HEARING. If the department
34-3 proposes to suspend, revoke, or refuse to renew a person's license,
34-4 the person is entitled to a hearing conducted by the State Office
34-5 of Administrative Hearings. Proceedings for a disciplinary action
34-6 are governed by the administrative procedure law, Chapter 2001,
34-7 Government Code. Rules of practice adopted by the board under
34-8 Section 2001.004, Government Code, applicable to the proceedings
34-9 for a disciplinary action may not conflict with rules adopted by
34-10 the State Office of Administrative Hearings.
34-11 SECTION 32. Section 48.081, Human Resources Code, is amended
34-12 to read as follows:
34-13 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
34-14 IN COMMUNITY CENTERS. (a) The department shall receive and
34-15 investigate reports of the abuse, neglect, or exploitation of an
34-16 individual:
34-17 (1) receiving services in a facility operated by the
34-18 Texas Department of Mental Health and Mental Retardation; or
34-19 (2) being provided services through a program under
34-20 contract with a facility operated by the Texas Department of Mental
34-21 Health and Mental Retardation.
34-22 (b) The department and the Texas Department of Mental Health
34-23 and Mental Retardation shall develop joint rules to facilitate
34-24 investigations in state mental health and mental retardation
34-25 facilities.
34-26 (c) The department shall receive and investigate a report of
34-27 the alleged abuse, neglect, or exploitation of an individual
35-1 receiving services in a community center or from a program
35-2 providing services under contract with a community center.
35-3 (d) The department shall forward to a state mental health or
35-4 mental retardation facility, a community center, or a program
35-5 providing mental health or mental retardation services under
35-6 contract with such a facility or community center:
35-7 (1) a copy of any report the department receives
35-8 relating to alleged or suspected abuse, neglect, or exploitation of
35-9 an individual receiving services from that facility, community
35-10 center, or program; and
35-11 (2) a copy of the department's investigation findings
35-12 and report.
35-13 (e) The department's investigation findings may not be
35-14 changed by a superintendent of a state mental health or mental
35-15 retardation facility or a director of a community center. The
35-16 commissioner of the Texas Department of Mental Health and Mental
35-17 Retardation or the commissioner's designee may change the
35-18 department's investigation findings for good cause. The
35-19 commissioner or designated representative shall inform the
35-20 department in writing of:
35-21 (1) each case in which the commissioner or designee
35-22 changes the department's findings; and
35-23 (2) the reasons supporting the decision to change the
35-24 findings.
35-25 (f) After completion of the appeals process, the department
35-26 shall refer a complaint relating to an investigation conducted by
35-27 the department under this section to the department's ombudsman
36-1 office for appropriate action.
36-2 (g) [(f)] If the department's investigation under this
36-3 section reveals that an elderly or disabled person has been abused
36-4 by another person in a manner that constitutes a criminal offense
36-5 under any law, including Section 22.04, Penal Code, a copy of the
36-6 investigation shall be submitted to the appropriate law enforcement
36-7 agency.
36-8 (h) The department by rule may assign priorities and
36-9 prescribe investigative procedures for investigations conducted by
36-10 the department under this section according to the degree of
36-11 severity and immediacy of the alleged harm to the individual.
36-12 Notwithstanding Section 48.037(a), the department's priorities and
36-13 procedures may provide that an investigation of a report is not
36-14 required to be initiated within 24 hours in all cases.
36-15 (i) The department and the Texas Department of Mental Health
36-16 and Mental Retardation shall jointly develop and implement a single
36-17 system to track reports and investigations under this section. To
36-18 facilitate implementation of the system, the department and the
36-19 Texas Department of Mental Health and Mental Retardation shall use
36-20 comparable methods of measuring the number and outcome of reports
36-21 and investigations under this section.
36-22 (j) [(g)] In this section, "community center" has the
36-23 meaning assigned by Section 531.002, Health and Safety Code.
36-24 SECTION 33. Section 161.001, Family Code, is amended to read
36-25 as follows:
36-26 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
36-27 RELATIONSHIP. The court may order termination of the parent-child
37-1 relationship if the court finds by clear and convincing evidence:
37-2 (1) that the parent has:
37-3 (A) voluntarily left the child alone or in the
37-4 possession of another not the parent and expressed an intent not to
37-5 return;
37-6 (B) voluntarily left the child alone or in the
37-7 possession of another not the parent without expressing an intent
37-8 to return, without providing for the adequate support of the child,
37-9 and remained away for a period of at least three months;
37-10 (C) voluntarily left the child alone or in the
37-11 possession of another without providing adequate support of the
37-12 child and remained away for a period of at least six months;
37-13 (D) knowingly placed or knowingly allowed the
37-14 child to remain in conditions or surroundings which endanger the
37-15 physical or emotional well-being of the child;
37-16 (E) engaged in conduct or knowingly placed the
37-17 child with persons who engaged in conduct which endangers the
37-18 physical or emotional well-being of the child;
37-19 (F) failed to support the child in accordance
37-20 with his ability during a period of one year ending within six
37-21 months of the date of the filing of the petition;
37-22 (G) abandoned the child without identifying the
37-23 child or furnishing means of identification, and the child's
37-24 identity cannot be ascertained by the exercise of reasonable
37-25 diligence;
37-26 (H) voluntarily, and with knowledge of the
37-27 pregnancy, abandoned the mother of the child beginning at a time
38-1 during her pregnancy with the child and continuing through the
38-2 birth, failed to provide adequate support or medical care for the
38-3 mother during the period of abandonment before the birth of the
38-4 child, and remained apart from the child or failed to support the
38-5 child since the birth;
38-6 (I) contumaciously refused to submit to a
38-7 reasonable and lawful order of a court under Chapter 264;
38-8 (J) been the major cause of:
38-9 (i) the failure of the child to be
38-10 enrolled in school as required by the Education Code; or
38-11 (ii) the child's absence from the child's
38-12 home without the consent of the parents or guardian for a
38-13 substantial length of time or without the intent to return;
38-14 (K) executed before or after the suit is filed
38-15 an unrevoked or irrevocable affidavit of relinquishment of parental
38-16 rights as provided by this chapter;
38-17 (L) been adjudicated to be criminally
38-18 responsible for the death or serious injury of a child;
38-19 (M) had his or her parent-child relationship
38-20 terminated with respect to another child based on a finding that
38-21 the parent's conduct was in violation of Paragraph (D) or (E) or
38-22 substantially equivalent provisions of the law of another state;
38-23 [or]
38-24 (N) constructively abandoned the child who has
38-25 been in the permanent or temporary managing conservatorship of the
38-26 Department of Protective and Regulatory Services or an authorized
38-27 agency for not less than six months [one year], and:
39-1 (i) the department or authorized agency
39-2 has made reasonable efforts to return the child to the parent;
39-3 (ii) the parent has not regularly visited
39-4 or maintained significant contact with the child; and
39-5 (iii) the parent has demonstrated an
39-6 inability to provide the child with a safe environment; or
39-7 (O) failed to comply with the provisions of a
39-8 court order that specifically established the actions necessary for
39-9 the parent to obtain the return of the child who has been in the
39-10 permanent or temporary managing conservatorship of the Department
39-11 of Protective and Regulatory Services for not less than nine months
39-12 as a result of the child's removal from the parent under Chapter
39-13 262 for the abuse or neglect of the child; and
39-14 (2) that termination is in the best interest of the
39-15 child.
39-16 SECTION 34. Section 261.001, Family Code, is amended by
39-17 adding Subdivision (7) to read as follows:
39-18 (7) "Board" means the Board of Protective and
39-19 Regulatory Services.
39-20 SECTION 35. Subchapter D, Chapter 261, Family Code, is
39-21 amended by adding Section 261.3015 to read as follows:
39-22 Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning
39-23 priorities and prescribing investigative procedures based on the
39-24 severity and immediacy of the alleged harm to a child under Section
39-25 261.301(d), the board by rule shall establish a flexible response
39-26 system to allow the department to allocate resources by
39-27 investigating serious cases of abuse and neglect and providing
40-1 assessment and family preservation services in less serious cases.
40-2 (b) The classification under the flexible response system of
40-3 a case may be changed as warranted by the circumstances.
40-4 (c) The department may implement the flexible response
40-5 system by establishing a pilot program in a single department
40-6 service region. The department shall study the results of the
40-7 system in the region in determining the method by which to
40-8 implement the system statewide.
40-9 SECTION 36. Section 261.311, Family Code, is amended to read
40-10 as follows:
40-11 Sec. 261.311. [NOTICE OF] INTERVIEW OR EXAMINATION OF CHILD.
40-12 (a) The department or the designated agency shall interview or
40-13 examine a child who is the subject of a report of suspected child
40-14 abuse or neglect.
40-15 (b) When [If] during an investigation[,] a representative of
40-16 the department or the designated agency conducts an interview with
40-17 or an examination of a child, the department or designated agency
40-18 shall make a reasonable effort before 24 hours after the time of
40-19 the interview or examination to notify each parent of the child and
40-20 the child's legal guardian, if one has been appointed, of the
40-21 nature of the allegation and of the fact that the interview or
40-22 examination was conducted.
40-23 (c) The notice required by Subsection (b) is not required if
40-24 the department or agency determines that the notice is likely to
40-25 endanger the safety of the child who is the subject of the report,
40-26 the person who made the report, or any other person who
40-27 participates in the investigation of the report.
41-1 (d) The notice required by Subsection (b) may be delayed at
41-2 the request of a law enforcement agency if notification during the
41-3 required time would interfere with an ongoing criminal
41-4 investigation.
41-5 SECTION 37. Subchapter D, Chapter 261, Family Code, is
41-6 amended by adding Section 261.315 to read as follows:
41-7 Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
41-8 FROM RECORDS. (a) The department shall remove from the
41-9 department's records information about a person who is alleged in a
41-10 report to have abused or neglected a child and who the department
41-11 determines after an investigation under this subchapter did not
41-12 commit abuse or neglect.
41-13 (b) The board shall adopt rules necessary to administer this
41-14 section.
41-15 SECTION 38. Section 262.109(a), Family Code, is amended to
41-16 read as follows:
41-17 (a) The department or other agency must give written notice
41-18 as prescribed by this section to each parent of the child or to the
41-19 child's [parent,] conservator[,] or legal guardian when a
41-20 representative of the Department of Protective and Regulatory
41-21 Services or other agency takes possession of a child under this
41-22 chapter.
41-23 SECTION 39. Section 262.201(c), Family Code, is amended to
41-24 read as follows:
41-25 (c) If the court finds sufficient evidence to satisfy a
41-26 person of ordinary prudence and caution that there is a continuing
41-27 danger to the physical health or safety of the child and for the
42-1 child to remain in the home is contrary to the welfare of the
42-2 child, the court shall:
42-3 (1) issue an appropriate temporary order under Chapter
42-4 105; and
42-5 (2) inform each parent in open court that parental and
42-6 custodial rights and duties may be subject to restriction or to
42-7 termination unless the parent or parents are willing and able to
42-8 provide the child with a safe environment.
42-9 SECTION 40. Subchapter A, Chapter 263, Family Code, is
42-10 amended by adding Sections 263.006 and 263.007 to read as follows:
42-11 Sec. 263.006. WARNING TO PARENTS. At the status hearing
42-12 under Subchapter C and at each permanency hearing under Subchapter
42-13 D held after the court has rendered a temporary order appointing
42-14 the department as temporary managing conservator, the court shall
42-15 inform each parent in open court that parental and custodial
42-16 rights and duties may be subject to restriction or to termination
42-17 unless the parent or parents are willing and able to provide the
42-18 child with a safe environment.
42-19 Sec. 263.007. DISMISSAL AFTER ONE YEAR. (a) Unless the
42-20 court has rendered a final order or granted an extension under
42-21 Subsection (b), on the first Monday after the first anniversary of
42-22 the date the court rendered a temporary order appointing the
42-23 department as temporary managing conservator, the court shall
42-24 dismiss the suit affecting the parent-child relationship filed by
42-25 the department that requests termination of the parent-child
42-26 relationship or requests that the department be named conservator
42-27 of the child.
43-1 (b) On or before the time described by Subsection (a) for
43-2 the dismissal of the suit, the court may extend the court's
43-3 jurisdiction of the suit for a period stated in the extension
43-4 order, but not longer than 180 days after the time described by
43-5 Subsection (a), if the court has continuing jurisdiction of the
43-6 suit and the appointment of the department as temporary managing
43-7 conservator is in the best interest of the child. If the court
43-8 grants an extension, the extension order must also:
43-9 (1) schedule the new date for dismissal of the suit;
43-10 and
43-11 (2) make further temporary orders for the safety and
43-12 welfare of the child as necessary to avoid further delay in
43-13 resolving the suit.
43-14 (c) If the court grants an extension, the court shall render
43-15 a final order or dismiss the suit on the date specified in the
43-16 extension order and may not grant an additional extension.
43-17 SECTION 41. Section 263.201, Family Code, is amended to read
43-18 as follows:
43-19 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
43-20 day after the date the court renders a temporary order appointing
43-21 the department as temporary managing conservator of a child [of a
43-22 full adversary hearing under Chapter 262], the court shall hold a
43-23 status hearing to review the child's status and the permanency plan
43-24 developed for the child.
43-25 SECTION 42. The heading of Subchapter D, Chapter 263, Family
43-26 Code, is amended to read as follows:
43-27 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
44-1 SECTION 43. Sections 263.301(a) and (b), Family Code, are
44-2 amended to read as follows:
44-3 (a) Notice of a permanency [review] hearing shall be given
44-4 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
44-5 persons entitled to notice of the hearing.
44-6 (b) The following persons are entitled to at least 10 days'
44-7 notice of a permanency hearing [to review a child's placement] and
44-8 are entitled to present evidence and be heard at the hearing:
44-9 (1) the department;
44-10 (2) the foster parent or director of the group home or
44-11 institution where the child is residing;
44-12 (3) each parent of the child;
44-13 (4) the managing conservator or guardian of the child;
44-14 [and]
44-15 (5) an attorney ad litem appointed for the child under
44-16 Chapter 107;
44-17 (6) a volunteer advocate appointed for the child under
44-18 Chapter 107; and
44-19 (7) any other person or agency named by the court to
44-20 have an interest in the child's welfare.
44-21 SECTION 44. Section 263.302, Family Code, is amended to read
44-22 as follows:
44-23 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
44-24 dispense with the attendance of the] child shall attend each
44-25 permanency hearing unless the court specifically excuses the
44-26 child's attendance. Failure by the child to attend a hearing does
44-27 not affect the validity of an order rendered at the [at a placement
45-1 review] hearing.
45-2 SECTION 45. Subchapter D, Chapter 263, Family Code, is
45-3 amended by adding Section 263.3025 to read as follows:
45-4 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
45-5 prepare a permanency plan for a child for whom the department has
45-6 been appointed temporary managing conservator. The department
45-7 shall give a copy of the plan to each person entitled to notice
45-8 under Section 263.301(b) not later than the 10th day before the
45-9 date of the child's first permanency hearing.
45-10 (b) In addition to the requirements of the department rules
45-11 governing permanency planning, the permanency plan must contain the
45-12 information required to be included in a permanency progress report
45-13 under Section 263.303.
45-14 (c) The department shall modify the permanency plan for a
45-15 child as required by the circumstances and needs of the child.
45-16 SECTION 46. Section 263.303, Family Code, is amended to read
45-17 as follows:
45-18 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
45-19 later than the 10th day before the date set for each permanency
45-20 [review] hearing other than the first permanency hearing, the
45-21 department or other authorized agency shall file with the court and
45-22 provide to each party, the child's attorney ad litem, and the
45-23 child's volunteer advocate a permanency progress [status] report
45-24 unless the court orders a different period for providing the report
45-25 [or orders that a report is not required for a specific hearing].
45-26 (b) The permanency progress [status] report must:
45-27 (1) recommend that the suit be dismissed; or
46-1 (2) recommend that the suit continue and:
46-2 (A) identify the date for dismissal of the suit
46-3 under this chapter;
46-4 (B) provide:
46-5 (i) the name of any person entitled to
46-6 notice under Chapter 102 who has not been served;
46-7 (ii) a description of the efforts by the
46-8 department or another agency to locate and request service of
46-9 citation; and
46-10 (iii) a description of each parent's
46-11 assistance in providing information necessary to locate an unserved
46-12 party;
46-13 (C) evaluate [all relevant information
46-14 concerning each of the guidelines under this chapter and] the
46-15 parties' compliance with temporary orders and with the service
46-16 plan;
46-17 (D) evaluate whether the child's placement in
46-18 substitute care meets the child's needs and recommend other plans
46-19 or services to meet the child's special needs or circumstances;
46-20 (E) describe the permanency plan for the child
46-21 and recommend actions necessary to ensure that a final order
46-22 consistent with that permanency plan is rendered before the date
46-23 for dismissal of the suit under Section 263.007; and
46-24 (F) [(2) recommend one of the following actions:]
46-25 [(A) that the child be returned to the child's
46-26 home and that the suit be dismissed;]
46-27 [(B) that the child be returned to the child's
47-1 home with the department or other agency retaining conservatorship;]
47-2 [(C) that the child remain in substitute care
47-3 for a specified period and that the child's parents continue to
47-4 work toward providing the child with a safe environment;]
47-5 [(D) that the child remain in substitute care
47-6 for a specified period and that termination of parental rights be
47-7 sought under this code;]
47-8 [(E) that a child who has resided in substitute
47-9 care for at least 18 months be placed or remain in permanent or
47-10 long-term substitute care because of the child's special needs or
47-11 circumstances; or]
47-12 [(F) that other plans be made or other services
47-13 provided in accordance with the child's special needs or
47-14 circumstances; and]
47-15 [(3)] with respect to a child 16 years of age or
47-16 older, identify the services needed to assist the child in the
47-17 transition to adult life.
47-18 (c) A parent whose parental rights are the subject of a suit
47-19 affecting the parent-child relationship, the attorney for that
47-20 parent, or the child's attorney ad litem or guardian ad litem may
47-21 file a response to the department's or other agency's report filed
47-22 under Subsection (b). A response must be filed not later than the
47-23 third day before the date of the hearing.
47-24 SECTION 47. Section 263.304, Family Code, is amended to read
47-25 as follows:
47-26 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
47-27 Not later than the 180th day after the date the court renders a
48-1 temporary order appointing the department as temporary managing
48-2 conservator of a child [of the conclusion of the full adversary
48-3 hearing under Chapter 262], the court shall hold a permanency
48-4 hearing to review the status of, and permanency plan for, the [a]
48-5 child to ensure that a final order consistent with that permanency
48-6 plan is rendered before the date for dismissal of the suit under
48-7 Section 263.007 [in substitute care in the court's jurisdiction,
48-8 including the time for the completion of the plan and the projected
48-9 date for the achievement of the child's permanency plan].
48-10 SECTION 48. Section 263.305, Family Code, is amended to read
48-11 as follows:
48-12 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
48-13 subsequent permanency hearing [Subsequent review hearings] shall be
48-14 held [not earlier than 5 1/2 months and] not later than the 120th
48-15 day [seven months] after the date of the last permanency hearing
48-16 in the suit. For [unless, for] good cause shown or on the court's
48-17 own motion [by a party], the court may order more frequent hearings
48-18 [an earlier hearing is approved by the court].
48-19 SECTION 49. Section 263.306, Family Code, is amended to read
48-20 as follows:
48-21 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
48-22 each permanency [review] hearing the court shall [determine]:
48-23 (1) identify [the identity of] all persons or parties
48-24 present at the hearing or those given notice but failing to appear;
48-25 (2) review the efforts of the department or another
48-26 agency in:
48-27 (A) attempting to locate all necessary persons;
49-1 (B) requesting service of citation; and
49-2 (C) obtaining the assistance of a parent in
49-3 providing information necessary to locate an absent parent;
49-4 (3) return the child to the parent or parents if
49-5 [whether] the child's parent or parents are willing and able to
49-6 provide the child with a safe environment and return of the child
49-7 is in the child's best interest;
49-8 (4) return the child to a person or entity, other than
49-9 a parent, entitled to service under Chapter 102 if the person or
49-10 entity is willing and able to provide the child with a safe
49-11 environment and the return of the child is in the child's best
49-12 interest;
49-13 (5) evaluate the department's efforts to identify
49-14 relatives who could provide the child with a safe environment, if
49-15 the child is not returned to a parent or a person or entity, other
49-16 than a parent, entitled to service under Chapter 102;
49-17 (6) evaluate the parties' compliance with temporary
49-18 orders and the service plan;
49-19 (7) [(3) the extent to which the child's parents have
49-20 taken the necessary actions or responsibilities toward achieving
49-21 the plan goal during the period of the service plan and the extent
49-22 to which the department or other authorized agency has provided
49-23 assistance to the parents as provided in the service plan;]
49-24 [(4)] determine whether:
49-25 (A) the child continues to need substitute care;
49-26 (B) [and whether] the child's current placement
49-27 is appropriate for meeting the child's needs; and
50-1 (C) other plans or services are needed to meet
50-2 the child's special needs or circumstances;
50-3 (8) if the child is placed in institutional care,
50-4 determine whether efforts have been made to ensure placement of the
50-5 child in the least restrictive environment consistent with the best
50-6 interest and special needs of the child;
50-7 (9) if the child is 16 years of age or older, order
50-8 the services that are needed to assist the child in making the
50-9 transition from substitute care to independent living if the
50-10 services are available in the community;
50-11 (10) determine plans, services, and further temporary
50-12 orders necessary to ensure that a final order is rendered before
50-13 the date for dismissal of the suit under Section 263.007; and
50-14 (11) determine the date for dismissal of the suit
50-15 under Section 263.007 and give notice in open court to all parties
50-16 of:
50-17 (A) the dismissal date;
50-18 (B) the date of the next permanency hearing; and
50-19 (C) the date the suit is set for trial.
50-20 [(5) a date for achieving the child's permanency plan;]
50-21 [(6) if the child has been in substitute care for not
50-22 less than 18 months, the future status of the child and the
50-23 appropriateness of the date by which the child may return home and
50-24 whether to render further appropriate orders;]
50-25 [(7) if the child is in substitute care outside the
50-26 state, whether the out-of-state placement continues to be
50-27 appropriate and in the best interest of the child;]
51-1 [(8) whether the child's parents are willing and able
51-2 to provide the child with a safe environment without the assistance
51-3 of a service plan and, if so, return the child to the parents;]
51-4 [(9) whether the child's parents are willing and able
51-5 to provide the child with a safe environment with the assistance of
51-6 a service plan and, if so, return the child or continue the
51-7 placement of the child in the child's home under the department's
51-8 or other agency's supervision;]
51-9 [(10) whether the child's parents are presently
51-10 unwilling or unable to provide the child with a safe environment,
51-11 even with the assistance of a service plan, and, if so, order the
51-12 child to remain under the department's or other agency's managing
51-13 conservatorship for a period of time specified by the court;]
51-14 [(11) whether a long-term substitute care placement is
51-15 in the child's best interest because of the child's special needs
51-16 or circumstances and, if so, begin a long-term substitute care
51-17 placement and if the child is placed in institutional care, whether
51-18 efforts have been made to ensure placement of the child in the
51-19 least restrictive environment consistent with the best interest and
51-20 special needs of the child;]
51-21 [(12) whether a child is 16 years of age or older and,
51-22 if so, order the services that are needed to assist the child in
51-23 making the transition from substitute care to independent living if
51-24 the services are available in the community;]
51-25 [(13) whether the child has been placed with the
51-26 department under a voluntary placement agreement and, if so, order
51-27 that the department will institute further proceedings or return
52-1 the child to the parents;]
52-2 [(14) whether the department or authorized agency has
52-3 custody, care, and control of the child under an affidavit of
52-4 relinquishment of parental rights naming the department managing
52-5 conservator and, if so, direct the department or authorized agency
52-6 to institute further proceedings; and]
52-7 [(15) whether parental rights to the child have been
52-8 terminated and, if so, determine whether the department or
52-9 authorized agency will attempt to place the child for adoption.]
52-10 SECTION 50. Chapter 263, Family Code, is amended by adding
52-11 Subchapter E to read as follows:
52-12 SUBCHAPTER E. PLACEMENT REVIEW HEARINGS
52-13 Sec. 263.401. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
52-14 the department has been named as a child's managing conservator in
52-15 a final order that does not include termination of parental rights,
52-16 the court shall conduct a placement review hearing at least once
52-17 every six months until the child becomes an adult.
52-18 (b) If the department has been named as a child's managing
52-19 conservator in a final order that terminates a parent's parental
52-20 rights, the court shall conduct a placement review hearing at least
52-21 once every six months until the date the child is adopted or the
52-22 child becomes an adult.
52-23 (c) Notice of a placement review hearing shall be given as
52-24 provided by Rule 21a, Texas Rules of Civil Procedure, to each
52-25 person entitled to notice of the hearing.
52-26 (d) The following are entitled to at least 10 days' notice
52-27 of a placement review hearing:
53-1 (1) the department;
53-2 (2) the foster parent of the child or the director of
53-3 the group home or institution in which the child is residing;
53-4 (3) each parent of the child;
53-5 (4) each possessory conservator or guardian of the
53-6 child;
53-7 (5) the attorney ad litem and the volunteer advocate
53-8 appointed for the child, if the appointments were not dismissed in
53-9 the final order; and
53-10 (6) any other person or agency named by the court as
53-11 having an interest in the child's welfare.
53-12 (e) The court may dispense with the requirement that the
53-13 child attend a placement review hearing.
53-14 Sec. 263.402. PLACEMENT REVIEW REPORT. (a) Not later than
53-15 the 10th day before the date set for a placement review hearing,
53-16 the department or other authorized agency shall file a placement
53-17 review report with the court and provide a copy to each person
53-18 entitled to notice under Section 263.401(d).
53-19 (b) For good cause shown, the court may order a different
53-20 time for filing the placement review report or may order that a
53-21 report is not required for a specific hearing.
53-22 (c) The placement review report must:
53-23 (1) evaluate whether the child's placement is
53-24 appropriate for meeting the child's needs;
53-25 (2) evaluate whether efforts have been made to ensure
53-26 placement of the child in the least restrictive environment
53-27 consistent with the best interest and special needs of the child if
54-1 the child is placed in institutional care;
54-2 (3) identify the services that are needed to assist a
54-3 child who is at least 16 years of age in making the transition from
54-4 substitute care to independent living if the services are available
54-5 in the community;
54-6 (4) identify other plans or services that are needed
54-7 to meet the child's special needs or circumstances; and
54-8 (5) describe the efforts of the department or
54-9 authorized agency to place the child for adoption if parental
54-10 rights to the child have been terminated and the child is eligible
54-11 for adoption.
54-12 Sec. 263.403. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
54-13 placement review hearing, the court shall determine whether:
54-14 (1) the child's current placement is appropriate for
54-15 meeting the child's needs;
54-16 (2) efforts have been made to ensure placement of the
54-17 child in the least restrictive environment consistent with the best
54-18 interest and special needs of the child if the child is placed in
54-19 institutional care;
54-20 (3) the services that are needed to assist a child who
54-21 is at least 16 years of age in making the transition from
54-22 substitute care to independent living are available in the
54-23 community;
54-24 (4) other plans or services are needed to meet the
54-25 child's special needs or circumstances; and
54-26 (5) the department or authorized agency has exercised
54-27 due diligence in attempting to place the child for adoption if
55-1 parental rights to the child have been terminated and the child is
55-2 eligible for adoption.
55-3 SECTION 51. Subchapter B, Chapter 264, Family Code, is
55-4 amended by amending Section 264.106 and adding Section 264.1061 to
55-5 read as follows:
55-6 Sec. 264.106. CONTRACTS FOR FOSTER CARE SERVICES [CONTRACT
55-7 RESIDENTIAL CARE]. (a) The department shall:
55-8 (1) assess the need for foster care services
55-9 throughout the state; and
55-10 (2) contract with foster care providers only to the
55-11 extent necessary to meet the need for those services.
55-12 (b) Before contracting with a foster care provider, the
55-13 department shall determine whether:
55-14 (1) community resources are available to support
55-15 children placed under the provider's care; and
55-16 (2) the appropriate public school district has
55-17 sufficient resources to support children placed under the
55-18 provider's care if the children will attend public school.
55-19 (c) In addition to the requirements of Section 40.058(a),
55-20 Human Resources Code, a contract with a foster care provider must
55-21 include provisions that:
55-22 (1) enable the department to monitor the effectiveness
55-23 of the provider's services; and
55-24 (2) authorize the department to terminate the contract
55-25 or impose sanctions for a violation of a provision of the contract
55-26 that specifies performance criteria.
55-27 (d) In determining whether to contract with a foster care
56-1 provider, the department shall consider the provider's performance
56-2 under any previous contract for foster care services between the
56-3 department and the provider.
56-4 (e) In this section, "foster care provider" means a person
56-5 who provides residential care for children for 24 hours a day,
56-6 including:
56-7 (1) a child-care institution, as defined by Section
56-8 42.002, Human Resources Code;
56-9 (2) a child-placing agency, as defined by Section
56-10 42.002, Human Resources Code; and
56-11 (3) a foster group home or foster family home, as
56-12 defined by Section 42.002, Human Resources Code [make reasonable
56-13 efforts to ensure that the expenditure of appropriated funds to
56-14 purchase contract residential care for children is allocated to
56-15 providers on a fixed monthly basis if:]
56-16 [(1) the allocation is cost-effective; and]
56-17 [(2) the number, type, needs, and conditions of the
56-18 children served are reasonably constant.]
56-19 [(b) This section does not apply to the purchase of care in
56-20 a foster family home].
56-21 Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department
56-22 shall monitor the performance of a foster parent who does not
56-23 provide foster care services through an entity under contract with
56-24 or licensed by the department. The method under which performance
56-25 is monitored must include the use of objective criteria by which
56-26 the foster parent's performance may be assessed. The department
56-27 shall include references to the criteria in a written agreement
57-1 between the department and the foster parent concerning the foster
57-2 parent's services.
57-3 SECTION 52. Section 264.107, Family Code, is amended to read
57-4 as follows:
57-5 Sec. 264.107. Placement of Children. (a) In making a
57-6 placement of a child removed from the home of the child's custodial
57-7 parent, the department shall consider placing the child in the home
57-8 of the child's noncustodial parent.
57-9 (b) The department shall use a system for the placement of
57-10 children in contract residential care, including foster care, that
57-11 conforms to the levels of care adopted and maintained by the Health
57-12 and Human Services Commission.
57-13 (c) [(b)] The department shall use the standard application
57-14 for the placement of children in contract residential care as
57-15 adopted and maintained by the Health and Human Services Commission.
57-16 SECTION 53. Subchapter C, Chapter 264, Family Code, is
57-17 amended by adding Sections 264.206 and 264.207 to read as follows:
57-18 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. (a) The
57-19 department shall begin its efforts to locate qualified persons to
57-20 adopt a child, including persons registered with the adoptive
57-21 parent registry under Subchapter B, at the time the department
57-22 decides to petition for the termination of the parent-child
57-23 relationship with regard to the child.
57-24 (b) The department shall report to the court in which the
57-25 department petitions for termination of the parent-child
57-26 relationship on the child's adoptability and any prospective
57-27 adoptive parents for the child.
58-1 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY. (a)
58-2 The department shall adopt policies that provide for the
58-3 improvement of the department's services for children and families.
58-4 The policies adopted under this section must:
58-5 (1) be designed to increase the accountability of the
58-6 department to individuals who receive services and to the public;
58-7 and
58-8 (2) assure consistency of services provided by the
58-9 department in the different regions of the state.
58-10 (b) To accomplish the goals stated in Subsection (a), the
58-11 department shall:
58-12 (1) emphasize and centralize the monitoring and
58-13 promoting of the permanent placement of children receiving
58-14 department services;
58-15 (2) establish time frames for the initial screening of
58-16 families seeking to adopt children;
58-17 (3) establish goals and performance measures in the
58-18 permanent placement of children;
58-19 (4) seek private licensed child-placing agencies to
58-20 place a child receiving department services who has been available
58-21 for permanent placement for more than 90 days;
58-22 (5) provide information to private licensed
58-23 child-placing agencies concerning children under Subdivision (4);
58-24 (6) provide financial incentives for a private
58-25 licensed child-placing agency that places children under
58-26 Subdivision (4) based on the ability of the agency to place the
58-27 child in a short time;
59-1 (7) encourage foster parents to be approved by the
59-2 department as both foster parents and adoptive parents;
59-3 (8) provide for evaluating the effectiveness of the
59-4 department's management-level employees in expeditiously making
59-5 permanent placements for children;
59-6 (9) address failures by the department's service
59-7 regions in making permanent placements for children in a reasonable
59-8 time and provide incentives to regions that meet or exceed
59-9 department goals concerning permanent placements;
59-10 (10) require the department's service regions to
59-11 participate in the Texas Adoption Resources Exchange; and
59-12 (11) establish, as feasible, a comprehensive
59-13 assessment center to determine the needs of children and families
59-14 served by the department.
59-15 SECTION 54. (a) Sections 263.308 and 263.309, Family Code,
59-16 are repealed.
59-17 (b) Section 42.050, Human Resources Code, as amended by
59-18 Chapter 1052, Acts of the 70th Legislature, Regular Session, 1987,
59-19 is repealed.
59-20 SECTION 55. (a) This Act takes effect September 1, 1997.
59-21 (b) The Board of Protective and Regulatory Services shall
59-22 adopt rules necessary to administer the changes in law made by this
59-23 Act not later than November 1, 1997.
59-24 (c) The changes in law made by this Act in the
59-25 qualifications of, and the prohibitions applying to, members of the
59-26 Board of Protective and Regulatory Services do not affect the
59-27 entitlement of a member serving on the board immediately before
60-1 September 1, 1997, to continue to carry out the functions of the
60-2 board for the remainder of the member's term. The changes in law
60-3 apply only to a member appointed on or after September 1, 1997.
60-4 This Act does not prohibit a person who is a member of the board on
60-5 September 1, 1997, from being reappointed to the board if the
60-6 person has the qualifications required for a member under Chapter
60-7 40, Human Resources Code, as amended by this Act.
60-8 (d) The executive director of the Department of Protective
60-9 and Regulatory Services shall appoint the members of the strategic
60-10 technology steering committee established by Section 40.0305, Human
60-11 Resources Code, as added by this Act, not later than November 1,
60-12 1997.
60-13 (e) Except as provided by Section 56 of this Act and
60-14 Subsection (f) of this section, the change in law made by this Act
60-15 relating to a disciplinary proceeding or contested case of the
60-16 Department of Protective and Regulatory Services applies only to a
60-17 proceeding initiated on or after the effective date of this Act.
60-18 (f) The change in law made by this Act relating to the
60-19 imposition of a penalty or other disciplinary action on a person or
60-20 entity regulated by the Department of Protective and Regulatory
60-21 Services applies only to a violation that occurs on or after the
60-22 effective date of this Act. A violation that occurs before the
60-23 effective date of this Act is governed by the law in effect on the
60-24 date the violation occurred, and the former law is continued in
60-25 effect for that purpose.
60-26 (g) The change in law made by this Act relating to the
60-27 qualifications for a license issued by the Department of Protective
61-1 and Regulatory Services applies only to an application for a
61-2 license made on or after the effective date of this Act. An
61-3 application made before the effective date of this Act is governed
61-4 by the law in effect on the date the application was made, and the
61-5 former law is continued in effect for that purpose.
61-6 (h) The change in law made by this Act regarding the
61-7 termination of the parent-child relationship applies only to a suit
61-8 affecting the parent-child relationship in which termination of the
61-9 parent-child relationship is sought filed on or after the effective
61-10 date of this Act. A suit affecting the parent-child relationship
61-11 in which termination of the parent-child relationship is sought
61-12 filed before the effective date of this Act is governed by the law
61-13 in effect on the date the suit was filed, and the former law is
61-14 continued in effect for that purpose.
61-15 SECTION 56. (a) The change in law made by this Act relating
61-16 to a contested case hearing conducted by the State Office of
61-17 Administrative Hearings on behalf of the Department of Protective
61-18 and Regulatory Services applies only to a hearing that begins on or
61-19 after January 1, 1998. Notwithstanding any other provision of this
61-20 Act, a hearing that begins before that date is governed by the law
61-21 in effect at the time the hearing begins, and that law is continued
61-22 in effect for that purpose.
61-23 (b) The executive director of the Department of Protective
61-24 and Regulatory Services and the chief administrative law judge of
61-25 the State Office of Administrative Hearings may agree to transfer
61-26 contested cases pending before the Department of Protective and
61-27 Regulatory Services to the State Office of Administrative Hearings
62-1 before January 1, 1998.
62-2 SECTION 57. Section 42.0461, Human Resources Code, as added
62-3 by this Act, applies only to an application for a license or for
62-4 authorization to expand capacity under a license filed on or after
62-5 the effective date of this Act. An application filed before the
62-6 effective date of this Act is governed by the law in effect at the
62-7 time the application was filed, and the former law is continued in
62-8 effect for that purpose.
62-9 SECTION 58. The importance of this legislation and the
62-10 crowded condition of the calendars in both houses create an
62-11 emergency and an imperative public necessity that the
62-12 constitutional rule requiring bills to be read on three several
62-13 days in each house be suspended, and this rule is hereby suspended.