1-1 By: Brown S.B. No. 359
1-2 (In the Senate - Filed February 26, 1997; March 3, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 2, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 2, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 359 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and operation of the Department of
1-11 Protective and Regulatory Services, the provision of services to
1-12 children and families, and suits affecting the parent-child
1-13 relationship; providing penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 40.003, Human Resources Code, is amended
1-16 to read as follows:
1-17 Sec. 40.003. SUNSET PROVISION. The Department of Protective
1-18 and Regulatory Services is subject to Chapter 325, Government Code
1-19 (Texas Sunset Act). Unless continued in existence as provided by
1-20 that chapter, the department is abolished and this chapter expires
1-21 September 1, 2009 [1997].
1-22 SECTION 2. Subchapter A, Chapter 40, Human Resources Code,
1-23 is amended by amending Section 40.004 and adding Section 40.0041 to
1-24 read as follows:
1-25 Sec. 40.004. PUBLIC INTEREST INFORMATION [AND COMPLAINTS].
1-26 (a) The board [department] shall develop and implement policies
1-27 that provide the public with a reasonable opportunity to appear
1-28 before the board [department] and to speak on any issue under the
1-29 jurisdiction of the department.
1-30 (b) The department shall prepare information of public
1-31 interest describing the functions of the department [and the
1-32 department's procedures by which complaints are filed with and
1-33 resolved by the department]. The department shall make the
1-34 information available to the public and appropriate state agencies.
1-35 [(c) The department by rule shall establish methods by which
1-36 the public, consumers, and service recipients can be notified of
1-37 the mailing addresses and telephone numbers of appropriate
1-38 departmental personnel for the purpose of directing complaints to
1-39 the department. The department may provide for that notification:]
1-40 [(1) on each registration form, application, or
1-41 written contract for services of a person regulated by the
1-42 department;]
1-43 [(2) on a sign prominently displayed in the place of
1-44 business of each person regulated by the department; or]
1-45 [(3) in a bill for a service provided by a person
1-46 regulated by the department.]
1-47 [(d) The department shall keep an information file about
1-48 each complaint filed with the department relating to:]
1-49 [(1) a license holder or entity regulated by the
1-50 department; or]
1-51 [(2) a service delivered by the department.]
1-52 [(e) If a written complaint is filed with the department
1-53 relating to a license holder or entity regulated by the department
1-54 or a service delivered by the department, the department, at least
1-55 quarterly and until final disposition of the complaint, shall
1-56 notify the parties to the complaint of the status of the complaint
1-57 unless notice would jeopardize an undercover investigation.]
1-58 Sec. 40.0041. COMPLAINT PROCESS. (a) The department shall
1-59 develop and implement a uniform process for receiving and resolving
1-60 complaints against the department throughout the state. The
1-61 process shall include:
1-62 (1) statewide procedures through which the public,
1-63 consumers, and service recipients are informed:
1-64 (A) of the right to make a complaint against the
2-1 department, including the mailing addresses and telephone numbers
2-2 of appropriate department personnel responsible for receiving
2-3 complaints and providing related assistance; and
2-4 (B) of the department's procedures for resolving
2-5 a complaint, including the right to appeal a decision made at the
2-6 local level;
2-7 (2) development and statewide distribution of a form
2-8 or telephone system that may be used to make a complaint;
2-9 (3) a requirement that the department provide
2-10 information by mail or telephone regarding the department's
2-11 procedures for investigating and resolving a complaint to each
2-12 person who makes a complaint; and
2-13 (4) a requirement that the department provide status
2-14 information at least quarterly to a person with a pending complaint
2-15 against the department, unless the information would jeopardize an
2-16 undercover investigation.
2-17 (b) In addition to other appropriate methods, the department
2-18 may provide the information specified by Subsection (a)(1):
2-19 (1) on each registration form, application, or written
2-20 contract for services of a person regulated by the department;
2-21 (2) on a sign prominently displayed in the place of
2-22 business of each person regulated by the department; or
2-23 (3) in a bill for service provided by a person
2-24 regulated by the department.
2-25 (c) The department shall keep an information file about each
2-26 complaint made against the department that the department has
2-27 authority to resolve.
2-28 (d) The executive director shall develop a consistent,
2-29 statewide process for addressing an appeal by a person dissatisfied
2-30 with the resolution of a complaint at the regional level. The
2-31 process may not include the ruling on an appeal of a complaint by
2-32 the department's ombudsman office.
2-33 (e) The department shall develop and maintain a centralized
2-34 tracking system to gather information concerning all complaints
2-35 made against the department throughout the state. The department
2-36 shall require its personnel to provide information regarding each
2-37 complaint for inclusion in records maintained under the tracking
2-38 system at the department's state headquarters, regardless of the
2-39 location or level at which the complaint is initiated or resolved.
2-40 The department shall require at least the following information to
2-41 be maintained for each complaint:
2-42 (1) the date the complaint is received;
2-43 (2) the name of the person making the complaint;
2-44 (3) the subject matter of the complaint;
2-45 (4) a record of all persons contacted by the
2-46 department in relation to the complaint;
2-47 (5) a summary of the results of the review or
2-48 investigation of the complaint; and
2-49 (6) for each complaint determined by the department to
2-50 require no corrective action, an explanation of the reason that the
2-51 complaint was closed without action.
2-52 (f) The department shall periodically prepare and deliver
2-53 reports to the board and the executive director regarding the
2-54 number, type, and resolution of complaints made in the state
2-55 against the department.
2-56 SECTION 3. Subchapter A, Chapter 40, Human Resources Code,
2-57 is amended by adding Section 40.008 to read as follows:
2-58 Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall
2-59 comply with federal and state laws related to program and facility
2-60 accessibility. The department shall also prepare and maintain a
2-61 written plan that describes how a person who does not speak English
2-62 can be provided reasonable access to the department's programs and
2-63 services.
2-64 SECTION 4. Subsection (a), Section 40.021, Human Resources
2-65 Code, is amended to read as follows:
2-66 (a) The board is composed of six members appointed by the
2-67 governor with the advice and consent of the senate. The governor
2-68 shall [annually] designate one member to be the presiding officer
2-69 of the board to serve in that capacity at the pleasure of the
3-1 governor.
3-2 SECTION 5. Section 40.022, Human Resources Code, is amended
3-3 to read as follows:
3-4 Sec. 40.022. Restrictions on Board Appointment or
3-5 Membership. (a) A person is not eligible for appointment as a
3-6 member of the board if the person or the person's spouse:
3-7 (1) is a person who is employed by or participates in
3-8 the management of a business entity or other organization regulated
3-9 by the department or receiving funds [a substantial amount of
3-10 money] from the department;
3-11 (2) owns or controls, directly or indirectly, more
3-12 than a 10 percent interest in a business entity or other
3-13 organization that is regulated by the department or that receives
3-14 funds [money] from the department;
3-15 (3) uses or receives a substantial amount of tangible
3-16 goods, services, or money from the department, other than
3-17 compensation or reimbursement authorized by law for board
3-18 membership, attendance, or expenses [incurred as a board member],
3-19 or as a client or a parent or guardian of a client receiving
3-20 services from the department; or
3-21 (4) is an employee, officer, or paid consultant of a
3-22 trade association in a field under the jurisdiction of the
3-23 department.
3-24 (b) In addition to the requirements of Subsection (a), a
3-25 person is not eligible for appointment as a public member of the
3-26 board if the person or the person's spouse is registered,
3-27 certified, or licensed by an occupational regulatory agency in a
3-28 field under the jurisdiction of the department. [A person who is
3-29 required to register as a lobbyist under Chapter 305, Government
3-30 Code, because of the person's activities for compensation in or for
3-31 a profession related to the operation of the department may not
3-32 serve as a member of the board.]
3-33 SECTION 6. Subchapter B, Chapter 40, Human Resources Code,
3-34 is amended by adding Section 40.0225 to read as follows:
3-35 Sec. 40.0225. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
3-36 (a) An officer, employee, or paid consultant of a Texas trade
3-37 association in a field under the jurisdiction of the department may
3-38 not be a member of the board or an employee of the department who
3-39 is exempt from the state's position classification plan or is
3-40 compensated at or above the amount prescribed by the General
3-41 Appropriations Act for step 1, salary group 17, of the position
3-42 classification salary schedule.
3-43 (b) A person who is the spouse of an officer, manager, or
3-44 paid consultant of a Texas trade association in a field under the
3-45 jurisdiction of the department may not be a member of the board and
3-46 may not be an employee of the department who is exempt from the
3-47 state's position classification plan or is compensated at or above
3-48 the amount prescribed by the General Appropriations Act for step 1,
3-49 salary group 17, of the position classification salary schedule.
3-50 (c) A person may not serve as a member of the board or act
3-51 as the general counsel to the board or the department if the person
3-52 is required to register as a lobbyist under Chapter 305, Government
3-53 Code, because of the person's activities for compensation on behalf
3-54 of a profession related to the operation of the department.
3-55 (d) For the purposes of this section, a Texas trade
3-56 association is a nonprofit, cooperative, and voluntarily joined
3-57 association of business or professional competitors in this state
3-58 designed to assist its members and its industry or profession in
3-59 dealing with mutual business or professional problems and in
3-60 promoting their common interest.
3-61 SECTION 7. Subchapter B, Chapter 40, Human Resources Code,
3-62 is amended by adding Section 40.0226 to read as follows:
3-63 Sec. 40.0226. BOARD MEMBER TRAINING. (a) Before a member
3-64 of the board may assume the member's duties and before the member
3-65 may be confirmed by the senate, the member must complete at least
3-66 one course of the training program established under this section.
3-67 (b) A training program established under this section shall
3-68 provide information to the member regarding:
3-69 (1) the enabling legislation that created the
4-1 department and the board;
4-2 (2) the programs operated by the department;
4-3 (3) the role and functions of the department;
4-4 (4) the rules of the department, with an emphasis on
4-5 the rules that relate to disciplinary and investigatory authority;
4-6 (5) the current budget for the department;
4-7 (6) the results of the most recent formal audit of the
4-8 department;
4-9 (7) the requirements of the:
4-10 (A) open meetings law, Chapter 551, Government
4-11 Code;
4-12 (B) open records law, Chapter 552, Government
4-13 Code; and
4-14 (C) administrative procedure law, Chapter 2001,
4-15 Government Code;
4-16 (8) the requirements of the conflict-of-interest laws
4-17 and other laws relating to public officials; and
4-18 (9) any applicable ethics policies adopted by the
4-19 board or the Texas Ethics Commission.
4-20 SECTION 8. Subsection (b), Section 40.028, Human Resources
4-21 Code, is amended to read as follows:
4-22 (b) The board shall:
4-23 (1) supervise the executive director's administration
4-24 and enforcement of the laws of this state that impose duties on the
4-25 department or board; and
4-26 (2) develop and implement policies that clearly
4-27 separate the policymaking [respective] responsibilities of the
4-28 board and the management responsibilities of the executive director
4-29 and the staff of the department.
4-30 SECTION 9. Subchapter B, Chapter 40, Human Resources Code,
4-31 is amended by adding Section 40.0305 to read as follows:
4-32 Sec. 40.0305. STRATEGIC TECHNOLOGY STEERING COMMITTEE.
4-33 (a) The department shall establish a strategic technology steering
4-34 committee within the department to evaluate major information
4-35 technology project proposals.
4-36 (b) The steering committee shall consist of the department's
4-37 information resources manager and other department employees
4-38 designated by the executive director from senior management,
4-39 information technology staff, and employees who are primary users
4-40 of information resources. The information resources manager shall
4-41 serve as presiding officer of the committee.
4-42 (c) The steering committee shall prioritize the department's
4-43 major information technology project proposals and provide
4-44 oversight and coordination of the projects.
4-45 (d) In evaluating major information technology project
4-46 proposals, the steering committee shall:
4-47 (1) assess the major information needs of the
4-48 department;
4-49 (2) define standard criteria for setting priorities
4-50 for the department's information needs;
4-51 (3) forecast the returns to the department on project
4-52 investments;
4-53 (4) evaluate the department's available information
4-54 resources; and
4-55 (5) review, approve, and evaluate the status of
4-56 projected costs and benefits related to project proposals.
4-57 (e) The steering committee shall make recommendations to the
4-58 executive director based on the committee's performance of its
4-59 duties.
4-60 SECTION 10. Section 40.032, Human Resources Code, is amended
4-61 to read as follows:
4-62 Sec. 40.032. PERSONNEL. (a) The executive director may
4-63 employ personnel necessary to administer the department's duties.
4-64 (b) The executive director or the executive director's
4-65 designated representative shall develop an intradepartmental career
4-66 ladder program that addresses opportunities for mobility and
4-67 advancement for employees within the department. The program[, one
4-68 part of which] shall require the intradepartmental posting of all
4-69 [non-entry-level] positions concurrently with any public posting.
5-1 (c) The executive director or the executive director's
5-2 designated representative shall develop a system of annual
5-3 performance evaluations based on measurable job tasks. All merit
5-4 pay for department employees must be based on the system
5-5 established under this subsection.
5-6 (d) The executive director or the executive director's
5-7 designated representative shall provide to members of the board and
5-8 to the department's employees, as often as is necessary,
5-9 information regarding their qualifications for office or employment
5-10 under this chapter and their responsibilities under applicable laws
5-11 relating to standards of conduct for state officers or employees.
5-12 (e) The executive director or the executive director's
5-13 designated representative shall prepare and maintain a written
5-14 policy statement to ensure implementation of a program of equal
5-15 employment opportunity under which all personnel transactions are
5-16 made without regard to race, color, disability, sex, religion, age,
5-17 or national origin. The policy statement must include:
5-18 (1) personnel policies, including policies relating to
5-19 recruitment, evaluation, selection, appointment, training, and
5-20 promotion of personnel, that comply with Chapter 21, Labor Code;
5-21 (2) a comprehensive analysis of the department's
5-22 workforce that meets federal and state guidelines;
5-23 (3) procedures by which a determination can be made
5-24 about the extent of [significant] underuse in the department's
5-25 workforce of all persons for whom federal or state guidelines
5-26 encourage a more equitable balance; and
5-27 (4) reasonable methods to appropriately address those
5-28 areas of [significant] underuse [in the department's workforce of
5-29 all persons for whom federal or state guidelines encourage a more
5-30 equitable balance].
5-31 (f) The policy statement required under Subsection (e)
5-32 shall:
5-33 (1) be filed with the governor's office;
5-34 (2) [,] cover an annual period;
5-35 (3) [, and] be updated at least annually; and
5-36 (4) be reviewed by the Commission on Human Rights for
5-37 compliance with Subsection (e)(1).
5-38 (g) The governor's office shall develop and deliver a
5-39 biennial report to the legislature based on the information
5-40 submitted under Subsection (f). The report may be made separately
5-41 or as a part of other biennial reports made to the legislature.
5-42 SECTION 11. Subchapter C, Chapter 40, Human Resources Code,
5-43 is amended by adding Section 40.0525 to read as follows:
5-44 Sec. 40.0525. SEPARATION OF INVESTIGATORY AND SERVICE
5-45 DELIVERY FUNCTIONS. (a) To the extent feasible, the department
5-46 shall separate the performance of investigations by department
5-47 employees from the delivery of services to clients and their
5-48 families. The department may take into consideration the needs and
5-49 caseloads in the different programs and regions of the state in
5-50 developing policies for the separation of the department's
5-51 investigatory and service delivery functions.
5-52 (b) The department shall develop policies and procedures for
5-53 the exchange of information between employees who are responsible
5-54 for performing investigations and employees who are responsible for
5-55 the delivery of services to clients and families.
5-56 (c) This section does not require the department to
5-57 establish separate departments for investigations and service
5-58 delivery.
5-59 SECTION 12. Subchapter C, Chapter 40, Human Resources Code,
5-60 is amended by adding Sections 40.0563, 40.0564, and 40.0565 to read
5-61 as follows:
5-62 Sec. 40.0563. COUNTY OUTREACH PROGRAM. (a) The department
5-63 shall develop and implement a standard statewide outreach program
5-64 under which the department:
5-65 (1) informs each county of the availability of federal
5-66 funds to pay costs of providing child protective services within
5-67 the county; and
5-68 (2) provides technical assistance on request to a
5-69 county seeking federal funds.
6-1 (b) In implementing the program, the department shall:
6-2 (1) designate local department personnel responsible
6-3 for performing the functions specified in Subsection (a);
6-4 (2) designate a statewide coordinator responsible for
6-5 coordinating the activities of local department personnel and
6-6 developing methods of providing information to counties; and
6-7 (3) develop a database that:
6-8 (A) identifies department and county personnel
6-9 involved with the outreach program; and
6-10 (B) contains information regarding the date and
6-11 type of assistance provided by the department to each county.
6-12 (c) The department, in consultation with the Legislative
6-13 Budget Board, shall ensure that a record is maintained of the
6-14 amount of funding for child protective services that each county
6-15 receives directly from the federal government.
6-16 Sec. 40.0564. DEPARTMENT FUNDS. All money paid to the
6-17 department under this chapter is subject to Subchapter F, Chapter
6-18 404, Government Code.
6-19 Sec. 40.0565. REPORT. The department shall file with the
6-20 governor and the presiding officer of each house of the legislature
6-21 a complete and detailed written report accounting for all funds
6-22 received and disbursed by the department during the preceding
6-23 fiscal year. The annual report must meet the reporting
6-24 requirements, including reporting deadlines, applicable to
6-25 financial reporting in the General Appropriations Act.
6-26 SECTION 13. Section 40.058, Human Resources Code, is amended
6-27 to read as follows:
6-28 Sec. 40.058. Contracts and Agreements. (a) The department
6-29 may enter into contracts or agreements with any person, including a
6-30 federal, state, or other public or private agency, as necessary to
6-31 perform any of the department's powers or duties.
6-32 (b) A contract for the purchase of program-related client
6-33 services must include:
6-34 (1) clearly defined goals and outcomes that can be
6-35 measured to determine whether the objectives of the program are
6-36 being achieved;
6-37 (2) clearly defined sanctions or penalties for
6-38 noncompliance with contract terms; and
6-39 (3) clearly specified accounting, reporting, and
6-40 auditing requirements applicable to money received under the
6-41 contract.
6-42 (c) The department shall monitor a contractor's performance
6-43 under a contract for the purchase of program-related client
6-44 services. In monitoring performance, the department shall:
6-45 (1) use a risk-assessment methodology to ensure
6-46 compliance with financial and performance requirements under the
6-47 contract; and
6-48 (2) obtain and evaluate program cost information to
6-49 ensure that all costs, including administrative costs, are
6-50 reasonable and necessary to achieve program objectives.
6-51 (d) An agreement made under this section is not subject to
6-52 Chapter 771, Government Code.
6-53 SECTION 14. Section 40.061, Human Resources Code, is amended
6-54 by adding Subsection (c) to read as follows:
6-55 (c) This section does not provide immunity to a department
6-56 employee who, in a suit affecting the parent-child relationship in
6-57 which child abuse is alleged or that arises out of a child abuse
6-58 investigation or in a criminal prosecution for an offense in which
6-59 child abuse is an element, commits or attempts to commit perjury,
6-60 fabricates or attempts to fabricate evidence, or knowingly conceals
6-61 information that would establish that a person alleged to have
6-62 committed an act of child abuse did not commit child abuse.
6-63 SECTION 15. Subchapter C, Chapter 40, Human Resources Code,
6-64 is amended by adding Sections 40.066 and 40.067 to read as follows:
6-65 Sec. 40.066. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
6-66 HEARINGS. (a) Except as provided by Subsection (e), the
6-67 department and the chief administrative law judge of the State
6-68 Office of Administrative Hearings shall adopt a memorandum of
6-69 understanding under which the State Office of Administrative
7-1 Hearings, on behalf of the department, conducts all contested case
7-2 hearings authorized or required by law to be conducted by the
7-3 department under the administrative procedure law, Chapter 2001,
7-4 Government Code.
7-5 (b) The memorandum of understanding shall require the chief
7-6 administrative law judge, the department, and the executive
7-7 director to cooperate in connection with a contested case hearing
7-8 and may authorize the State Office of Administrative Hearings to
7-9 perform any administrative act, including giving of notice, that is
7-10 required to be performed by the department or executive director.
7-11 (c) The administrative law judge who conducts a contested
7-12 case hearing for the State Office of Administrative Hearings on
7-13 behalf of the department shall enter the final decision in the case
7-14 after completion of the hearing.
7-15 (d) The department by interagency contract shall reimburse
7-16 the State Office of Administrative Hearings for the costs incurred
7-17 in conducting contested case hearings for the department. The
7-18 department may pay an hourly fee for the costs of conducting those
7-19 hearings or a fixed annual fee negotiated biennially by the
7-20 department and the State Office of Administrative Hearings to
7-21 coincide with the department's legislative appropriations request.
7-22 (e) This section does not apply to a personnel grievance
7-23 hearing involving a department employee.
7-24 Sec. 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED
7-25 MEXICAN STATES. The department shall:
7-26 (1) study issues related to providing child and adult
7-27 protective services in areas bordering the United Mexican States;
7-28 (2) develop a plan for providing those services in the
7-29 most efficient manner; and
7-30 (3) pursue and enter into agreements for coordinated
7-31 services, to the extent permissible under federal law, with the
7-32 United Mexican States or any of its political subdivisions.
7-33 SECTION 16. Section 42.002, Human Resources Code, is amended
7-34 by amending Subdivisions (3) and (9) and adding Subdivisions (16)
7-35 and (17) to read as follows:
7-36 (3) "Child-care facility" means a facility licensed,
7-37 certified, or registered by the department to provide assessment,
7-38 [that provides] care, training, education, custody, treatment, or
7-39 supervision for a child who is not related by blood, marriage, or
7-40 adoption to the owner or operator of the facility, for all or part
7-41 of the 24-hour day, whether or not the facility is operated for
7-42 profit or charges for the services it offers.
7-43 (9) "Family home" means a home that [regularly]
7-44 provides regular care in the caretaker's own residence for not more
7-45 than six children under 14 years of age, excluding [the caretaker's
7-46 own] children who are related to the caretaker, and that provides
7-47 care after school hours for not more than six additional elementary
7-48 school children, but the total number of children, including
7-49 children who are related to the caretaker [the caretaker's own],
7-50 does not exceed 12 at any given time. The term does not include a
7-51 home that provides care exclusively for any number of children who
7-52 are related to the caretaker.
7-53 (16) "Children who are related to the caretaker" means
7-54 children who are the children, grandchildren, siblings,
7-55 great-grandchildren, nieces, or nephews of the caretaker, whether
7-56 by affinity or consanguinity or as the result of a relationship
7-57 created by court decree.
7-58 (17) "Regular care" means care that is provided at
7-59 least four hours a day, three or more days a week, for more than
7-60 nine consecutive weeks.
7-61 SECTION 17. Subsections (e) and (l), Section 42.042, Human
7-62 Resources Code, are amended to read as follows:
7-63 (e) The department shall promulgate minimum standards that
7-64 apply to licensed child-care facilities and to registered family
7-65 homes covered by this chapter and that will:
7-66 (1) promote the health, safety, and welfare of
7-67 children attending a facility or registered family home;
7-68 (2) promote safe, comfortable, and healthy physical
7-69 facilities and registered family homes for children;
8-1 (3) ensure adequate supervision of children by
8-2 capable, qualified, and healthy personnel;
8-3 (4) ensure adequate and healthy food service where
8-4 food service is offered;
8-5 (5) prohibit racial discrimination by child-care
8-6 facilities and registered family homes; and
8-7 (6) require procedures for parental and guardian
8-8 consultation in the formulation of children's educational and
8-9 therapeutic programs.
8-10 (l) In promulgating [The department shall adopt] minimum
8-11 standards for the regulation of [regulating] family homes that
8-12 register with the division, the department[. The rules] must
8-13 address the minimum qualifications, education, and training
8-14 required of a person who operates a family home registered with the
8-15 division.
8-16 SECTION 18. Subchapter C, Chapter 42, Human Resources Code,
8-17 is amended by adding Section 42.0425 to read as follows:
8-18 Sec. 42.0425. ASSESSMENT SERVICES. (a) The department by
8-19 rule shall regulate assessment services provided by child-care
8-20 facilities or child-placing agencies. A child-care facility or
8-21 child-placing agency may not provide assessment services unless
8-22 specifically authorized by the department.
8-23 (b) The department by rule shall establish minimum standards
8-24 for assessment services. The standards must provide that
8-25 consideration is given to the individual needs of a child, the
8-26 appropriate place for provision of services, and the factors listed
8-27 in Section 42.042(e).
8-28 (c) In this section, "assessment services" means the
8-29 determination of the placement needs of a child who requires
8-30 substitute care.
8-31 SECTION 19. Subchapter C, Chapter 42, Human Resources Code,
8-32 is amended by adding Section 42.0505 to read as follows:
8-33 Sec. 42.0505. RENEWAL OF LICENSE. (a) A person who is
8-34 otherwise eligible to renew a license may renew an unexpired
8-35 license by paying the required annual fee to the department before
8-36 the expiration date of the license. A person whose license has
8-37 expired may not engage in activities that require a license until
8-38 the license has been renewed under the provisions of this section.
8-39 (b) If the person's license has been expired for 90 days or
8-40 less, the person may renew the license by paying to the department
8-41 1-1/2 times the required annual fee.
8-42 (c) If the person's license has been expired for longer than
8-43 90 days but less than one year, the person may renew the license by
8-44 paying to the department two times the required annual fee.
8-45 (d) If the person's license has been expired for one year or
8-46 longer, the person may not renew the license. The person may
8-47 obtain a new license by complying with the requirements and
8-48 procedures for obtaining an original license.
8-49 (e) If the person was licensed in this state, moved to
8-50 another state, and is currently licensed and has been in practice
8-51 in the other state for the two years preceding application, the
8-52 person may renew an expired license without reexamination. The
8-53 person must pay to the department a fee that is equal to two times
8-54 the required annual fee for the license.
8-55 (f) At least 30 days before the expiration of a person's
8-56 license, the department shall send written notice of the impending
8-57 license expiration to the person at the license holder's last known
8-58 address according to the records of the department.
8-59 SECTION 20. Subsection (b), Section 42.044, Human Resources
8-60 Code, is amended to read as follows:
8-61 (b) The department [division] shall inspect all licensed or
8-62 certified facilities at least once a year and may inspect other
8-63 facilities or registered family homes as necessary. At least one
8-64 of the annual visits must be unannounced and all may be
8-65 unannounced.
8-66 SECTION 21. Subchapter C, Chapter 42, Human Resources Code,
8-67 is amended by adding Sections 42.0441 and 42.0442 to read as
8-68 follows:
8-69 Sec. 42.0441. COORDINATION OF INSPECTIONS; ELIMINATION OF
9-1 DUPLICATIVE INSPECTIONS. (a) The department shall coordinate
9-2 child-care facility inspections performed by an agency or
9-3 subdivision of the state to eliminate redundant inspections.
9-4 (b) An inspection of a child-care facility conducted by an
9-5 agency or subdivision of the state may not duplicate an inspection
9-6 conducted by another agency or subdivision. The department shall
9-7 assign items that may be inspected by more than one agency or
9-8 subdivision of the state to only one agency or subdivision.
9-9 (c) The department, with the assistance of the comptroller,
9-10 by rule shall adopt each inspection form used in inspecting a
9-11 child-care facility by an agency or subdivision of the state. The
9-12 forms must be designed to eliminate redundant inspections.
9-13 Sec. 42.0442. INSPECTION INFORMATION DATABASE. (a) The
9-14 department shall establish a computerized database containing the
9-15 information from each inspection of a child-care facility.
9-16 (b) After an agency or subdivision of the state inspects a
9-17 child-care facility, the agency or subdivision shall submit the
9-18 completed inspection form to the department. The department shall
9-19 add the information from the inspection to the computerized
9-20 database.
9-21 SECTION 22. Section 42.046, Human Resources Code, is amended
9-22 by amending Subsection (a) and the section heading to read as
9-23 follows:
9-24 Sec. 42.046. [LICENSE] APPLICATION FOR LICENSE OR
9-25 REGISTRATION. (a) An applicant for a license to operate a
9-26 child-care facility or child-placing agency or for a registration
9-27 to operate a family home shall submit to the department [division]
9-28 the appropriate fee prescribed by Section 42.054 of this code and a
9-29 completed application on a form provided by the department
9-30 [division].
9-31 SECTION 23. Subchapter C, Chapter 42, Human Resources Code,
9-32 is amended by adding Section 42.0461 to read as follows:
9-33 Sec. 42.0461. LICENSES RELATING TO SUBSTITUTE CARE.
9-34 (a) Before issuing a license to an entity that provides substitute
9-35 care services, including a child-care institution, child-placing
9-36 agency, foster group home, foster family home, agency group home,
9-37 and agency home or expanding the entity's capacity under a license,
9-38 the department shall:
9-39 (1) require the applicant or license holder to publish
9-40 notice in compliance with Subsection (b);
9-41 (2) conduct a public hearing on whether the proposed
9-42 action should be taken; and
9-43 (3) determine:
9-44 (A) the degree of community support for the
9-45 proposed action;
9-46 (B) the amount of local resources available to
9-47 support children proposed to be served by the entity;
9-48 (C) the impact of the proposed action on the
9-49 ratio in the local school district of students enrolled in a
9-50 special education program to students enrolled in a regular
9-51 education program; and
9-52 (D) the impact of the proposed action on the
9-53 local community.
9-54 (b) An applicant for a license to provide substitute care
9-55 services or a license holder seeking expansion of capacity under
9-56 the license shall publish notice of the proposed action in a
9-57 newspaper of general circulation in the community in which the
9-58 substitute care services are proposed to be provided. The notice
9-59 must be published at least one week before the date of the public
9-60 hearing required by Subsection (a) and must include:
9-61 (1) the name and address of the applicant or license
9-62 holder;
9-63 (2) the address at which the substitute care services
9-64 are proposed to be provided;
9-65 (3) the date and location of the public hearing; and
9-66 (4) the name, address, and telephone number of the
9-67 department as the state agency with authority to approve or deny
9-68 the proposed action.
9-69 (c) The department may deny a license to an entity seeking
10-1 to provide substitute care services or deny a request to expand
10-2 such an entity's capacity under a license if the department
10-3 determines that:
10-4 (1) the community in which the substitute care
10-5 services are proposed to be provided does not predominately support
10-6 the issuance of the license or expansion of capacity;
10-7 (2) sufficient local resources are not available in
10-8 that community to support children proposed to be served by the
10-9 entity;
10-10 (3) the issuance of the license or expansion of
10-11 capacity would significantly increase the ratio in the local school
10-12 district serving that community of students enrolled in a special
10-13 education program to students enrolled in a regular education
10-14 program; or
10-15 (4) the issuance of the license or expansion of
10-16 capacity would have a significant adverse impact on that community.
10-17 (d) This section does not require the department to conduct
10-18 a public hearing or make the determinations required by Subsection
10-19 (a)(3) in connection with the verification or certification of an
10-20 agency group home, agency home, or any foster home verified or
10-21 certified by the department.
10-22 SECTION 24. Section 42.052, Human Resources Code, is amended
10-23 by amending Subsection (c) and adding Subsection (h) to read as
10-24 follows:
10-25 (c) A family home that provides care for three or fewer
10-26 children, excluding [the caretaker's own] children who are related
10-27 to the caretaker, may register with the department [division]. A
10-28 family home that provides care for four or more children, excluding
10-29 [the caretaker's own] children who are related to the caretaker,
10-30 shall [must] register with the department [division]. A
10-31 registration remains valid until revoked or surrendered. The
10-32 operator of a registered home must display the registration in a
10-33 prominent place at the home.
10-34 (h) The department by rule may provide for denial of an
10-35 application for registering a family home or may revoke a family
10-36 home's registration based on the results of a background or
10-37 criminal history check.
10-38 SECTION 25. Subchapter C, Chapter 42, Human Resources Code,
10-39 is amended by adding Sections 42.057 and 42.058 to read as follows:
10-40 Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY
10-41 CHECKS. (a) In accordance with rules adopted by the department,
10-42 the operator of a family home shall, when the operator applies for
10-43 registration and at least once during each 24 months after
10-44 registration, submit to the department for use in conducting
10-45 background and criminal history checks:
10-46 (1) the name of the owner and each person employed at
10-47 the family home; and
10-48 (2) the name of each resident of the home and any
10-49 other person who will regularly or frequently be staying or working
10-50 at the home while children are being provided care.
10-51 (b) The department shall conduct background and criminal
10-52 history checks using:
10-53 (1) the information provided under Subsection (a);
10-54 (2) the information made available by the Department
10-55 of Public Safety under Section 411.114, Government Code; and
10-56 (3) the department's records of reported abuse and
10-57 neglect.
10-58 (c) The department by rule shall require a family home to
10-59 pay to the department a fee in an amount not to exceed the
10-60 administrative costs the department incurs in conducting a
10-61 background and criminal history check under this section.
10-62 Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES.
10-63 (a) The board may not adopt rules restricting competitive bidding
10-64 or advertising by a license holder or registration holder except to
10-65 prohibit false, misleading, or deceptive practices or to prevent a
10-66 violation of this chapter.
10-67 (b) In its rules to prohibit false, misleading, or deceptive
10-68 practices, the board may not include a rule that:
10-69 (1) restricts the use of any medium for advertising;
11-1 (2) restricts the use of a license holder's or
11-2 registration holder's personal appearance or voice in an
11-3 advertisement;
11-4 (3) relates to the size or duration of an
11-5 advertisement by the license holder or registration holder; or
11-6 (4) restricts the license holder's or registration
11-7 holder's advertisement under a trade name.
11-8 SECTION 26. Subchapter D, Chapter 42, Human Resources Code,
11-9 is amended by adding Section 42.0705 to read as follows:
11-10 Sec. 42.0705. RANGE OF PENALTIES. The department shall
11-11 revoke, suspend, or refuse to renew a license or certificate of
11-12 registration, place on probation a person whose license or
11-13 certificate of registration has been suspended, or reprimand a
11-14 license holder or registration holder for a violation of this
11-15 chapter or a rule of the board. If a license or certificate of
11-16 registration suspension is probated, the department may require the
11-17 license holder or registration holder to:
11-18 (1) report regularly to the department on matters that
11-19 are the basis of the probation;
11-20 (2) limit practice to the areas prescribed by the
11-21 department;
11-22 (3) continue or review professional education until
11-23 the license holder or registration holder attains a degree of skill
11-24 satisfactory to the department in those areas that are the basis of
11-25 the probation; or
11-26 (4) take corrective action relating to the violation
11-27 on which the probation is based.
11-28 SECTION 27. Section 42.071, Human Resources Code, is amended
11-29 to read as follows:
11-30 Sec. 42.071. [LICENSE] SUSPENSION, EVALUATION, OR PROBATION
11-31 OF LICENSE OR REGISTRATION. (a) The department [division] may
11-32 suspend the license of a facility or the registration of a family
11-33 home that has temporarily ceased operation but has definite plans
11-34 for starting operations again within the time limits of the issued
11-35 license or registration.
11-36 (b) The department [division] may suspend a facility's
11-37 license or a family home's registration for a definite period
11-38 rather than deny or revoke the license or registration if the
11-39 department [division] finds repeated noncompliance with standards
11-40 that do not endanger the health and safety of children. To qualify
11-41 for license or registration suspension under this subsection, a
11-42 facility or family home must suspend its operations and show that
11-43 standards can be met within the suspension period.
11-44 (c) If the department [division] finds a facility or family
11-45 home is in repeated noncompliance with standards that do not
11-46 endanger the health and safety of children, the department
11-47 [division] may schedule the facility or family home for evaluation
11-48 or probation rather than suspend or revoke the facility's license
11-49 or the family home's registration. The department [division] shall
11-50 provide notice to the facility or family home of the evaluation or
11-51 probation and of the items of noncompliance not later than the 10th
11-52 day before the evaluation or probation period begins. The
11-53 department [division] shall designate a period of not less than 30
11-54 days during which the facility or family home will remain under
11-55 evaluation. During the evaluation or probation period, the
11-56 facility or family home must correct the items that were in
11-57 noncompliance and report the corrections to the department
11-58 [division] for approval.
11-59 (d) The department [division] shall revoke the license of a
11-60 facility or the registration of a family home that does not comply
11-61 with standards at the end of a license or registration suspension.
11-62 (e) The department [division] may suspend or revoke the
11-63 license of a facility or the registration of a family home that
11-64 does not correct items that were in noncompliance or that does not
11-65 comply with required standards within the applicable evaluation or
11-66 probation period.
11-67 SECTION 28. Subchapter D, Chapter 42, Human Resources Code,
11-68 is amended by adding Section 42.0715 to read as follows:
11-69 Sec. 42.0715. COSTS CHARGED TO FACILITY. The department
12-1 shall charge a facility for reimbursement of the reasonable cost of
12-2 services provided by the department in formulating, monitoring, and
12-3 implementing a corrective action plan for the facility.
12-4 SECTION 29. Section 42.072, Human Resources Code, is amended
12-5 to read as follows:
12-6 Sec. 42.072. LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR
12-7 REVOCATION. (a) The department [division] may suspend, deny, [or]
12-8 revoke, or refuse to renew the license, registration, or
12-9 certification of approval of a facility or family home that does
12-10 not comply with the requirements of this chapter, the standards and
12-11 rules of the department, or the specific terms of the license,
12-12 registration, or certification. The department may revoke the
12-13 probation of a person whose license or registration is suspended if
12-14 the person violates a term of the conditions of probation.
12-15 (b) If the department proposes to take an action under
12-16 Subsection (a), the person is entitled to a hearing conducted by
12-17 the State Office of Administrative Hearings. Proceedings for a
12-18 disciplinary action are governed by the administrative procedure
12-19 law, Chapter 2001, Government Code. Rules of practice adopted by
12-20 the board under Section 2001.004, Government Code, applicable to
12-21 the proceedings for a disciplinary action may not conflict with
12-22 rules adopted by the State Office of Administrative Hearings.
12-23 (c) [The division shall notify the person operating or
12-24 proposing to operate a facility of the reasons for the denial or
12-25 revocation and of the person's right to appeal the decision within
12-26 30 days after receiving the notice.]
12-27 [(c) A person who wishes to appeal a license denial or
12-28 revocation shall notify the director by certified mail within 30
12-29 days after receiving the notice required in Subsection (b) of this
12-30 section. The person shall send a copy of the notice of appeal to
12-31 the assigned division representative.]
12-32 [(d) The denial or revocation of a license or certification
12-33 and the appeal from that action are governed by the procedure for a
12-34 contested case hearing under Chapter 2001, Government Code.]
12-35 [(e) A person whose license has been denied or revoked may
12-36 challenge the decision by filing a suit in a district court of
12-37 Travis County or the county in which the person's facility is
12-38 located within 30 days after receiving the decision. The trial
12-39 shall be de novo.]
12-40 [(f) Records of the hearing shall be kept for two years
12-41 after a decision is rendered. On request, and at the person's own
12-42 expense, the division shall supply a copy of the verbatim
12-43 transcript of the hearing to a person appealing a license denial or
12-44 revocation in district court.]
12-45 [(g) A person may continue to operate a facility during an
12-46 appeal of a license denial or revocation unless the division has
12-47 obtained injunctive relief under Section 42.074 or civil penalties
12-48 under Section 42.075 or the facility has been closed under Section
12-49 42.073.]
12-50 [(h)] A person whose license, registration, or certification
12-51 is revoked may not apply for any license, registration, or
12-52 certification under this chapter before the second anniversary of
12-53 the date on which the revocation takes effect by department or
12-54 court order.
12-55 SECTION 30. Section 42.073, Human Resources Code, is amended
12-56 to read as follows:
12-57 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY
12-58 OR FAMILY HOME. (a) The department [division] shall suspend a
12-59 facility's license or a family home's registration and[,] order the
12-60 immediate closing of the facility or family home[, and place the
12-61 children attending or residing in the facility elsewhere] if:
12-62 (1) the department [division] finds the facility or
12-63 family home is operating in violation of the applicable standards
12-64 prescribed by this chapter; and
12-65 (2) the violation creates an immediate threat to the
12-66 health and safety of the children attending or residing in the
12-67 facility or family home.
12-68 (b) An order suspending a license or registration and an
12-69 order closing a facility or family home under this section is
13-1 immediately effective on the date on which the [license] holder of
13-2 the license or registration receives written notice or on a later
13-3 date specified in the order.
13-4 (c) An order is valid for 10 days after the effective date
13-5 of the order.
13-6 (d) The suspension of a license or registration and the
13-7 closure of a [the] facility or family home and the appeal from that
13-8 action are governed by the procedures for a contested case hearing
13-9 under Chapter 2001, Government Code.
13-10 SECTION 31. Subsections (a) and (c), Section 42.074, Human
13-11 Resources Code, are amended to read as follows:
13-12 (a) When it appears that a person has violated, is
13-13 violating, or is threatening to violate the licensing,
13-14 certification, or registration requirements of this chapter or the
13-15 department's licensing, certification, or registration rules and
13-16 standards, the department [division] may file a suit in a district
13-17 court in Travis County or in the county where the facility or
13-18 family home is located for assessment and recovery of civil
13-19 penalties under Section 42.075 [of this code], for injunctive
13-20 relief, including a temporary restraining order, or for both
13-21 injunctive relief and civil penalties.
13-22 (c) At the department's [division's] request, the attorney
13-23 general or the county or district attorney of the county in which
13-24 the facility or family home is located shall conduct a suit in the
13-25 name of the State of Texas for injunctive relief, to recover the
13-26 civil penalty, or for both injunctive relief and civil penalties as
13-27 authorized by Subsection (a) [of this section].
13-28 SECTION 32. Subsection (a), Section 42.075, Human Resources
13-29 Code, is amended to read as follows:
13-30 (a) A person is subject to a civil penalty of not less than
13-31 $50 nor more than $100 for each day of violation and for each act
13-32 of violation if the person:
13-33 (1) threatens serious harm to a child in a facility or
13-34 family home by violating a provision of this chapter or a
13-35 department rule or standard;
13-36 (2) violates a provision of this chapter or a
13-37 department rule or standard three or more times within a 12-month
13-38 period; or
13-39 (3) places a public advertisement for an unlicensed
13-40 facility or unregistered family home.
13-41 SECTION 33. Section 42.076, Human Resources Code, is amended
13-42 to read as follows:
13-43 Sec. 42.076. CRIMINAL PENALTIES. (a) A person who operates
13-44 a child-care facility or child-placing agency without a license
13-45 commits a Class B misdemeanor.
13-46 (b) A person who operates a family home without a
13-47 registration commits a Class B misdemeanor.
13-48 (c) A person who places a public advertisement for an
13-49 unlicensed facility or an unregistered family home commits a Class
13-50 C misdemeanor.
13-51 [(c) A person who places an advertisement for a registered
13-52 family home in violation of Section 42.052(f) of this code commits
13-53 a Class C misdemeanor.]
13-54 (d) It is not an offense under this section if a
13-55 professional provides legal or medical services to:
13-56 (1) a parent who identifies the prospective adoptive
13-57 parent and places the child for adoption without the assistance of
13-58 the professional; or
13-59 (2) a prospective adoptive parent who identifies a
13-60 parent and receives placement of a child for adoption without
13-61 assistance of the professional.
13-62 SECTION 34. Section 42.077, Human Resources Code, is amended
13-63 to read as follows:
13-64 Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY
13-65 HOME. (a) If the department revokes or suspends a facility's
13-66 license or a family home's registration, the department shall
13-67 publish notice of this action in a newspaper of general circulation
13-68 in the county in which the facility or family home is located. The
13-69 newspaper shall place the notice in the section in which
14-1 advertisements for day-care services are normally published.
14-2 (b) If a person who operates a facility or family home that
14-3 has had its license or registration revoked or suspended later
14-4 applies for a new license or registration to operate the same
14-5 facility or family home, the department shall charge the person an
14-6 application fee in an amount necessary to reimburse the department
14-7 for the cost of the notice relating to that facility or family
14-8 home.
14-9 (c) The department shall pay for publication of the notice
14-10 from funds appropriated to the department for licensing and
14-11 regulating child-care facilities and for registering and regulating
14-12 family homes and from appeal and application fees collected under
14-13 Subsection (b) [of this section] and appropriated to the
14-14 department.
14-15 (d) A facility or family home that has its license or
14-16 registration revoked or suspended shall mail notification of this
14-17 action by certified mail to the parents or guardian of the child
14-18 served by the facility or family home. The facility shall mail the
14-19 notification within five days of the effective date of the
14-20 [license] revocation or suspension of the license or registration.
14-21 SECTION 35. Subchapter D, Chapter 42, Human Resources Code,
14-22 is amended by adding Section 42.078 to read as follows:
14-23 Sec. 42.078. ADMINISTRATIVE PENALTY. (a) The department
14-24 may impose an administrative penalty against a facility or family
14-25 home licensed or registered under this chapter that violates this
14-26 chapter or a rule or order adopted under this chapter.
14-27 (b) The penalty for a violation may be in an amount not to
14-28 exceed $100. Each day a violation continues or occurs is a
14-29 separate violation for purposes of imposing a penalty.
14-30 (c) The amount of the penalty shall be based on:
14-31 (1) the seriousness of the violation, including the
14-32 nature, circumstances, extent, and gravity of any prohibited acts,
14-33 and the hazard or potential hazard created to the health, safety,
14-34 or economic welfare of the public;
14-35 (2) the economic harm to property or the environment
14-36 caused by the violation;
14-37 (3) the history of previous violations;
14-38 (4) the amount necessary to deter future violations;
14-39 (5) efforts to correct the violation; and
14-40 (6) any other matter that justice may require.
14-41 (d) If the executive director determines that a violation
14-42 has occurred, the director may issue a recommendation on the
14-43 imposition of a penalty, including a recommendation on the amount
14-44 of the penalty.
14-45 (e) Within 14 days after the date the recommendation is
14-46 issued, the executive director shall give written notice of the
14-47 recommendation to the person owning or operating the facility. The
14-48 notice may be given by certified mail. The notice must include a
14-49 brief summary of the alleged violation and a statement of the
14-50 amount of the recommended penalty and must inform the person that
14-51 the person has a right to a hearing on the occurrence of the
14-52 violation, the amount of the penalty, or both the occurrence of the
14-53 violation and the amount of the penalty.
14-54 (f) Within 20 days after the date the person receives the
14-55 notice, the person in writing may accept the determination and
14-56 recommended penalty of the executive director or may make a written
14-57 request for a hearing on the occurrence of the violation, the
14-58 amount of the penalty, or both the occurrence of the violation and
14-59 the amount of the penalty.
14-60 (g) If the person accepts the determination and recommended
14-61 penalty of the executive director or fails to respond to the notice
14-62 in a timely manner, the executive director shall issue an order and
14-63 impose the recommended penalty.
14-64 (h) If the person requests a hearing, the executive director
14-65 shall set a hearing and give notice of the hearing to the person.
14-66 The hearing shall be held by an administrative law judge of the
14-67 State Office of Administrative Hearings. The administrative law
14-68 judge shall make findings of fact and conclusions of law and issue
14-69 a final decision finding that a violation has occurred and imposing
15-1 a penalty or finding that no violation occurred.
15-2 (i) The notice of the administrative law judge's order given
15-3 to the person under Chapter 2001, Government Code, must include a
15-4 statement of the right of the person to judicial review of the
15-5 order.
15-6 (j) Within 30 days after the date the administrative law
15-7 judge's order becomes final as provided by Section 2001.144,
15-8 Government Code, the person shall:
15-9 (1) pay the amount of the penalty;
15-10 (2) pay the amount of the penalty and file a petition
15-11 for judicial review contesting the occurrence of the violation, the
15-12 amount of the penalty, or both the occurrence of the violation and
15-13 the amount of the penalty; or
15-14 (3) without paying the amount of the penalty, file a
15-15 petition for judicial review contesting the occurrence of the
15-16 violation, the amount of the penalty, or both the occurrence of the
15-17 violation and the amount of the penalty.
15-18 (k) Within the 30-day period, a person who acts under
15-19 Subsection (j)(3) may:
15-20 (1) stay enforcement of the penalty by:
15-21 (A) paying the amount of the penalty to the
15-22 court for placement in an escrow account; or
15-23 (B) giving to the court a supersedeas bond that
15-24 is approved by the court for the amount of the penalty and that is
15-25 effective until all judicial review of the order is final; or
15-26 (2) request the court to stay enforcement of the
15-27 penalty by:
15-28 (A) filing with the court a sworn affidavit of
15-29 the person stating that the person is financially unable to pay the
15-30 amount of the penalty and is financially unable to give the
15-31 supersedeas bond; and
15-32 (B) giving a copy of the affidavit to the
15-33 executive director by certified mail.
15-34 (l) On receipt of a copy of an affidavit under Subsection
15-35 (k)(2), the executive director may file with the court, within five
15-36 days after the date the copy is received, a contest to the
15-37 affidavit. The court shall hold a hearing on the facts alleged in
15-38 the affidavit as soon as practicable and shall stay the enforcement
15-39 of the penalty on finding that the alleged facts are true. The
15-40 person who files an affidavit has the burden of proving that the
15-41 person is financially unable to pay the amount of the penalty and
15-42 to give a supersedeas bond.
15-43 (m) If the person does not pay the amount of the penalty and
15-44 the enforcement of the penalty is not stayed, the executive
15-45 director may refer the matter to the attorney general for
15-46 collection of the amount of the penalty.
15-47 (n) Judicial review of the order:
15-48 (1) is instituted by filing a petition as provided by
15-49 Subchapter G, Chapter 2001, Government Code; and
15-50 (2) is under the substantial evidence rule.
15-51 (o) If the court sustains the occurrence of the violation,
15-52 the court may uphold or reduce the amount of the penalty and order
15-53 the person to pay the full or reduced amount of the penalty. If
15-54 the court does not sustain the occurrence of the violation, the
15-55 court shall order that no penalty is owed.
15-56 (p) When the judgment of the court becomes final, the court
15-57 shall proceed under this subsection. If the person paid the amount
15-58 of the penalty and if that amount is reduced or is not upheld by
15-59 the court, the court shall order that the appropriate amount plus
15-60 accrued interest be remitted to the person. The rate of the
15-61 interest is the rate charged on loans to depository institutions by
15-62 the New York Federal Reserve Bank, and the interest shall be paid
15-63 for the period beginning on the date the penalty was paid and
15-64 ending on the date the penalty is remitted. If the person gave a
15-65 supersedeas bond and if the amount of the penalty is not upheld by
15-66 the court, the court shall order the release of the bond. If the
15-67 person gave a supersedeas bond and if the amount of the penalty is
15-68 reduced, the court shall order the release of the bond after the
15-69 person pays the amount.
16-1 (q) A penalty collected under this section shall be sent to
16-2 the comptroller for deposit in the general revenue fund.
16-3 (r) All proceedings under this section are subject to
16-4 Chapter 2001, Government Code.
16-5 SECTION 36. Chapter 43, Human Resources Code, is amended by
16-6 adding Section 43.0042 to read as follows:
16-7 Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER
16-8 STATE. (a) The department may waive any prerequisite to obtaining
16-9 a license for an applicant:
16-10 (1) after reviewing the applicant's credentials and
16-11 determining that the applicant holds a valid license from another
16-12 state that has license requirements substantially equivalent to
16-13 those of this state; or
16-14 (2) after determining the applicant has a valid
16-15 license from another state with which this state has a reciprocity
16-16 agreement.
16-17 (b) The department may enter into an agreement with another
16-18 state to permit licensing by reciprocity.
16-19 SECTION 37. Chapter 43, Human Resources Code, is amended by
16-20 adding Section 43.0055 to read as follows:
16-21 Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES.
16-22 (a) The department may not adopt rules restricting competitive
16-23 bidding or advertising by a license holder except to prohibit
16-24 false, misleading, or deceptive practices.
16-25 (b) In its rules to prohibit false, misleading, or deceptive
16-26 practices, the department may not include a rule that:
16-27 (1) restricts the use of any medium for advertising;
16-28 (2) restricts the use of a license holder's personal
16-29 appearance or voice in an advertisement;
16-30 (3) relates to the size or duration of an
16-31 advertisement by the license holder; or
16-32 (4) restricts the license holder's advertisement under
16-33 a trade name.
16-34 SECTION 38. Section 43.006, Human Resources Code, is amended
16-35 to read as follows:
16-36 Sec. 43.006. Fees. The board may set and charge fees for
16-37 administering an examination and issuing an initial license, [or]
16-38 renewal license, or provisional license in amounts necessary to
16-39 cover the costs of administering this chapter.
16-40 SECTION 39. Chapter 43, Human Resources Code, is amended by
16-41 adding Section 43.0081 to read as follows:
16-42 Sec. 43.0081. PROVISIONAL LICENSE. (a) The department may
16-43 issue a provisional license to an applicant licensed in another
16-44 state who applies for a license in this state. An applicant for a
16-45 provisional license under this section must:
16-46 (1) be licensed in good standing as a child-care
16-47 administrator for at least two years in another state, the District
16-48 of Columbia, a foreign country, or a territory of the United States
16-49 that has licensing requirements that are substantially equivalent
16-50 to the requirements of this chapter;
16-51 (2) have passed a national or other examination
16-52 recognized by the department that demonstrates competence in the
16-53 field of child-care administration; and
16-54 (3) be sponsored by a person licensed by the
16-55 department under this chapter with whom the provisional license
16-56 holder may practice under this section.
16-57 (b) The department may waive the requirement of Subsection
16-58 (a)(3) for an applicant if the department determines that
16-59 compliance with that subsection constitutes a hardship to the
16-60 applicant.
16-61 (c) A provisional license is valid until the date the
16-62 department approves or denies the provisional license holder's
16-63 application for a license. The department shall issue a license
16-64 under this chapter to the provisional license holder if:
16-65 (1) the provisional license holder passes the
16-66 examination required by Section 43.004;
16-67 (2) the department verifies that the provisional
16-68 license holder has the academic and experience requirements for a
16-69 license under this chapter; and
17-1 (3) the provisional license holder satisfies any other
17-2 license requirements under this chapter.
17-3 (d) The department must complete the processing of a
17-4 provisional license holder's application for a license not later
17-5 than the 180th day after the date the provisional license is
17-6 issued. The department may extend the 180-day limit if the results
17-7 of the license holder's examination have not been received by the
17-8 department.
17-9 SECTION 40. Subsections (b) through (f), Section 43.009,
17-10 Human Resources Code, are amended to read as follows:
17-11 (b) The board shall recognize, prepare, or administer
17-12 continuing education programs for license holders. The continuing
17-13 education requirement may be fulfilled by studies in the areas of
17-14 legal aspects of child care, concepts related to the field of
17-15 social work, or other subjects approved by the department.
17-16 (c) A person who is otherwise eligible to renew a license
17-17 may renew an unexpired license by paying to the department before
17-18 the expiration date of the license the required renewal fee. A
17-19 person whose license has expired may not engage in the activities
17-20 that require a license until the license has been renewed under the
17-21 provisions of this section.
17-22 (d) If a person's license has been expired for 90 days or
17-23 less, the person may renew the license by paying to the department
17-24 one and [the required renewal fee and a fee that is] one-half times
17-25 the required renewal [of the examination] fee [for the license].
17-26 (e) If a person's license has been expired for longer than
17-27 90 days but less than one year [two years], the person may renew
17-28 the license by paying to the department two times the required [all
17-29 unpaid] renewal [fees and a] fee [that is equal to the examination
17-30 fee for the license].
17-31 (f) If a person's license has been expired for one year [two
17-32 years] or longer, the person may not renew the license. The person
17-33 may obtain a new license by submitting to reexamination and
17-34 complying with the requirements and procedures for obtaining an
17-35 original license. If the [However, the department may renew
17-36 without reexamination an expired license of a] person [who] was
17-37 licensed in this state, moved to another state, and is currently
17-38 licensed and has been in practice in the other state for the two
17-39 years preceding application, the person may renew an expired
17-40 license without reexamination. The person must pay to the
17-41 department a fee that is equal to two times the required renewal
17-42 [the examination] fee for the license.
17-43 SECTION 41. Section 43.010, Human Resources Code, is amended
17-44 to read as follows:
17-45 Sec. 43.010. LICENSE REVOCATION, [OR] SUSPENSION, OR
17-46 REFUSAL; REPRIMAND OR PROBATION. (a) The department shall revoke,
17-47 suspend, or refuse to renew a license, place on probation a person
17-48 whose license has been suspended, or reprimand a license holder for
17-49 a violation by the license holder of this chapter or a rule of the
17-50 board.
17-51 (b) The department may revoke a license if the license
17-52 holder is:
17-53 (1) convicted of a felony;
17-54 (2) convicted of a misdemeanor involving fraud or
17-55 deceit;
17-56 (3) addicted to a dangerous drug or intemperate in the
17-57 use of alcohol; or
17-58 (4) grossly negligent in performing duties as a
17-59 child-care administrator.
17-60 (c) [(b)] The department shall suspend a license, place on
17-61 probation a person whose license has been suspended, or reprimand a
17-62 license holder for a violation of this chapter or a rule of the
17-63 board.
17-64 (d) If a license suspension is probated, the department may
17-65 require the license holder:
17-66 (1) to report regularly to the department on the
17-67 conditions [matters that are the basis] of the probation;
17-68 (2) to limit practice to the areas prescribed by the
17-69 department; or
18-1 (3) to continue or renew professional education until
18-2 the practitioner attains a degree of skill satisfactory to the
18-3 department in those areas in which improvement is a condition [that
18-4 are the basis] of the probation.
18-5 SECTION 42. Chapter 43, Human Resources Code, is amended by
18-6 adding Sections 43.0105 and 43.0106 to read as follows:
18-7 Sec. 43.0105. REVOCATION OF PROBATION. The department may
18-8 revoke the probation of a license holder whose license is suspended
18-9 if the license holder violates a term of the conditions of
18-10 probation.
18-11 Sec. 43.0106. DISCIPLINARY HEARING. If the department
18-12 proposes to suspend, revoke, or refuse to renew a person's license,
18-13 the person is entitled to a hearing conducted by the State Office
18-14 of Administrative Hearings. Proceedings for a disciplinary action
18-15 are governed by the administrative procedure law, Chapter 2001,
18-16 Government Code. Rules of practice adopted by the board under
18-17 Section 2001.004, Government Code, applicable to the proceedings
18-18 for a disciplinary action may not conflict with rules adopted by
18-19 the State Office of Administrative Hearings.
18-20 SECTION 43. Section 48.081, Human Resources Code, is amended
18-21 to read as follows:
18-22 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
18-23 IN COMMUNITY CENTERS. (a) The department shall receive and
18-24 investigate reports of the abuse, neglect, or exploitation of an
18-25 individual:
18-26 (1) receiving services in a facility operated by the
18-27 Texas Department of Mental Health and Mental Retardation; or
18-28 (2) being provided services through a program under
18-29 contract with a facility operated by the Texas Department of Mental
18-30 Health and Mental Retardation.
18-31 (b) The department and the Texas Department of Mental Health
18-32 and Mental Retardation shall develop joint rules to facilitate
18-33 investigations in state mental health and mental retardation
18-34 facilities.
18-35 (c) The department shall receive and investigate a report of
18-36 the alleged abuse, neglect, or exploitation of an individual
18-37 receiving services in a community center or from a program
18-38 providing services under contract with a community center.
18-39 (d) The department shall forward to a state mental health or
18-40 mental retardation facility, a community center, or a program
18-41 providing mental health or mental retardation services under
18-42 contract with such a facility or community center:
18-43 (1) a copy of any report the department receives
18-44 relating to alleged or suspected abuse, neglect, or exploitation of
18-45 an individual receiving services from that facility, community
18-46 center, or program; and
18-47 (2) a copy of the department's investigation findings
18-48 and report.
18-49 (e) The department's confirmed investigation findings may
18-50 not be changed by a superintendent of a state mental health or
18-51 mental retardation facility or a director of a community center.
18-52 The commissioner of mental health and mental retardation or the
18-53 commissioner's designee may change the department's confirmed
18-54 investigation findings for good cause. The commissioner or
18-55 designated representative shall inform the department in writing
18-56 of:
18-57 (1) each case in which the commissioner or designee
18-58 changes the department's findings; and
18-59 (2) the reasons supporting the decision to change the
18-60 findings.
18-61 (f) After completion of the appeals process, the department
18-62 shall refer a complaint relating to an investigation conducted by
18-63 the department under this section to the department's ombudsman
18-64 office for appropriate action.
18-65 (g) [(f)] If the department's investigation under this
18-66 section reveals that an elderly or disabled person has been abused
18-67 by another person in a manner that constitutes a criminal offense
18-68 under any law, including Section 22.04, Penal Code, a copy of the
18-69 investigation shall be submitted to the appropriate law enforcement
19-1 agency.
19-2 (h) The department by rule may assign priorities to an
19-3 investigation conducted by the department under this section. The
19-4 primary criterion used by the department in assigning a priority
19-5 must be the risk that a delay in the investigation will impede the
19-6 collection of evidence.
19-7 (i) The department and the Texas Department of Mental Health
19-8 and Mental Retardation shall jointly develop and implement a single
19-9 system to track reports and investigations under this section. To
19-10 facilitate implementation of the system, the department and the
19-11 Texas Department of Mental Health and Mental Retardation shall use
19-12 appropriate methods of measuring the number and outcome of reports
19-13 and investigations under this section.
19-14 (j) [(g)] In this section, "community center" has the
19-15 meaning assigned by Section 531.002, Health and Safety Code.
19-16 SECTION 44. Section 161.001, Family Code, is amended to read
19-17 as follows:
19-18 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
19-19 RELATIONSHIP. The court may order termination of the parent-child
19-20 relationship if the court finds by clear and convincing evidence:
19-21 (1) that the parent has:
19-22 (A) voluntarily left the child alone or in the
19-23 possession of another not the parent and expressed an intent not to
19-24 return;
19-25 (B) voluntarily left the child alone or in the
19-26 possession of another not the parent without expressing an intent
19-27 to return, without providing for the adequate support of the child,
19-28 and remained away for a period of at least three months;
19-29 (C) voluntarily left the child alone or in the
19-30 possession of another without providing adequate support of the
19-31 child and remained away for a period of at least six months;
19-32 (D) knowingly placed or knowingly allowed the
19-33 child to remain in conditions or surroundings which endanger the
19-34 physical or emotional well-being of the child;
19-35 (E) engaged in conduct or knowingly placed the
19-36 child with persons who engaged in conduct which endangers the
19-37 physical or emotional well-being of the child;
19-38 (F) failed to support the child in accordance
19-39 with his ability during a period of one year ending within six
19-40 months of the date of the filing of the petition;
19-41 (G) abandoned the child without identifying the
19-42 child or furnishing means of identification, and the child's
19-43 identity cannot be ascertained by the exercise of reasonable
19-44 diligence;
19-45 (H) voluntarily, and with knowledge of the
19-46 pregnancy, abandoned the mother of the child beginning at a time
19-47 during her pregnancy with the child and continuing through the
19-48 birth, failed to provide adequate support or medical care for the
19-49 mother during the period of abandonment before the birth of the
19-50 child, and remained apart from the child or failed to support the
19-51 child since the birth;
19-52 (I) contumaciously refused to submit to a
19-53 reasonable and lawful order of a court under Chapter 264;
19-54 (J) been the major cause of:
19-55 (i) the failure of the child to be
19-56 enrolled in school as required by the Education Code; or
19-57 (ii) the child's absence from the child's
19-58 home without the consent of the parents or guardian for a
19-59 substantial length of time or without the intent to return;
19-60 (K) executed before or after the suit is filed
19-61 an unrevoked or irrevocable affidavit of relinquishment of parental
19-62 rights as provided by this chapter;
19-63 (L) been adjudicated to be criminally
19-64 responsible for the death or serious injury of a child;
19-65 (M) had his or her parent-child relationship
19-66 terminated with respect to another child based on a finding that
19-67 the parent's conduct was in violation of Paragraph (D) or (E) or
19-68 substantially equivalent provisions of the law of another state;
19-69 [or]
20-1 (N) constructively abandoned the child who has
20-2 been in the permanent or temporary managing conservatorship of the
20-3 Department of Protective and Regulatory Services or an authorized
20-4 agency for not less than six months [one year], and:
20-5 (i) the department or authorized agency
20-6 has made reasonable efforts to return the child to the parent;
20-7 (ii) the parent has not regularly visited
20-8 or maintained significant contact with the child; and
20-9 (iii) the parent has demonstrated an
20-10 inability to provide the child with a safe environment; or
20-11 (O) failed to comply with the provisions of a
20-12 court order that specifically established the actions necessary for
20-13 the parent to obtain the return of the child who has been in the
20-14 permanent or temporary managing conservatorship of the Department
20-15 of Protective and Regulatory Services for not less than nine months
20-16 as a result of the child's removal from the parent under Chapter
20-17 262 for the abuse or neglect of the child; and
20-18 (2) that termination is in the best interest of the
20-19 child.
20-20 SECTION 45. Subchapter B, Chapter 201, Family Code, is
20-21 amended by adding Section 201.1085 to read as follows:
20-22 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
20-23 PROTECTION CASES. The presiding judge may appoint a master for a
20-24 court handling child protection cases if the court needs assistance
20-25 in order to process the cases in a reasonable time.
20-26 SECTION 46. Section 261.001, Family Code, is amended by
20-27 adding Subdivision (7) to read as follows:
20-28 (7) "Board" means the Board of Protective and
20-29 Regulatory Services.
20-30 SECTION 47. Section 261.107, Family Code, is amended to read
20-31 as follows:
20-32 Sec. 261.107. False Report; Penalty. A person commits an
20-33 offense if the person knowingly or intentionally makes a report as
20-34 provided in this chapter that the person knows is false or lacks
20-35 factual foundation. An offense under this section [subsection] is
20-36 a Class A [B] misdemeanor.
20-37 SECTION 48. Subchapter D, Chapter 261, Family Code, is
20-38 amended by adding Section 261.3015 to read as follows:
20-39 Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning
20-40 priorities and prescribing investigative procedures based on the
20-41 severity and immediacy of the alleged harm to a child under Section
20-42 261.301(d), the board by rule shall establish a flexible response
20-43 system to allow the department to allocate resources by
20-44 investigating serious cases of abuse and neglect and providing
20-45 assessment and family preservation services in less serious cases.
20-46 (b) The classification under the flexible response system of
20-47 a case may be changed as warranted by the circumstances.
20-48 (c) The department may implement the flexible response
20-49 system by establishing a pilot program in a single department
20-50 service region. The department shall study the results of the
20-51 system in the region in determining the method by which to
20-52 implement the system statewide.
20-53 SECTION 49. Section 261.311, Family Code, is amended to read
20-54 as follows:
20-55 Sec. 261.311. [NOTICE OF] INTERVIEW OR EXAMINATION OF CHILD.
20-56 (a) The department or the designated agency shall interview or
20-57 examine a child who is the subject of a report of suspected child
20-58 abuse or neglect.
20-59 (b) When [If,] during an investigation[,] a representative
20-60 of the department or the designated agency conducts an interview
20-61 with or an examination of a child, the department or designated
20-62 agency shall make a reasonable effort before 24 hours after the
20-63 time of the interview or examination to notify each parent of the
20-64 child and the child's legal guardian, if one has been appointed, of
20-65 the nature of the allegation and of the fact that the interview or
20-66 examination was conducted.
20-67 (c) The notice required by Subsection (b) is not required if
20-68 the department or agency determines that the notice is likely to
20-69 endanger the safety of the child who is the subject of the report,
21-1 the person who made the report, or any other person who
21-2 participates in the investigation of the report.
21-3 (d) The notice required by Subsection (b) may be delayed at
21-4 the request of a law enforcement agency if notification during the
21-5 required time would interfere with an ongoing criminal
21-6 investigation.
21-7 SECTION 50. Subchapter D, Chapter 261, Family Code, is
21-8 amended by adding Section 261.315 to read as follows:
21-9 Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
21-10 FROM RECORDS. (a) At the conclusion of an investigation in which
21-11 the department determines that the person alleged to have abused or
21-12 neglected a child did not commit abuse or neglect, the department
21-13 shall notify the person of the person's right to request the
21-14 department to remove information about the person's alleged role in
21-15 the abuse or neglect report from the department's records.
21-16 (b) On request under Subsection (a) by a person whom the
21-17 department has determined did not commit abuse or neglect, the
21-18 department shall remove information from the department's records
21-19 concerning the person's alleged role in the abuse or neglect
21-20 report.
21-21 (c) The board shall adopt rules necessary to administer this
21-22 section.
21-23 SECTION 51. Subsection (a), Section 262.109, Family Code, is
21-24 amended to read as follows:
21-25 (a) The department or other agency must give written notice
21-26 as prescribed by this section to each parent of the child or to the
21-27 child's [parent,] conservator[,] or legal guardian when a
21-28 representative of the Department of Protective and Regulatory
21-29 Services or other agency takes possession of a child under this
21-30 chapter.
21-31 SECTION 52. Subsection (c), Section 262.201, Family Code, is
21-32 amended to read as follows:
21-33 (c) If the court finds sufficient evidence to satisfy a
21-34 person of ordinary prudence and caution that there is a continuing
21-35 danger to the physical health or safety of the child and for the
21-36 child to remain in the home is contrary to the welfare of the
21-37 child, the court shall:
21-38 (1) issue an appropriate temporary order under Chapter
21-39 105; and
21-40 (2) inform each parent in open court that parental and
21-41 custodial rights and duties may be subject to restriction or to
21-42 termination unless the parent or parents are willing and able to
21-43 provide the child with a safe environment.
21-44 SECTION 53. Subchapter A, Chapter 263, Family Code, is
21-45 amended by adding Section 263.006 to read as follows:
21-46 Sec. 263.006. WARNING TO PARENTS. At the status hearing
21-47 under Subchapter C and at each permanency hearing under Subchapter
21-48 D held after the court has rendered a temporary order appointing
21-49 the department as temporary managing conservator, the court shall
21-50 inform each parent in open court that parental and custodial rights
21-51 and duties may be subject to restriction or to termination unless
21-52 the parent or parents are willing and able to provide the child
21-53 with a safe environment.
21-54 SECTION 54. Section 263.201, Family Code, is amended to read
21-55 as follows:
21-56 Sec. 263.201. STATUS HEARING; TIME. Not later than the
21-57 60th day after the date the court renders a temporary order
21-58 appointing the department as temporary managing conservator of a
21-59 child [of a full adversary hearing under Chapter 262], the court
21-60 shall hold a status hearing to review the child's status and the
21-61 permanency plan developed for the child.
21-62 SECTION 55. The heading to Subchapter D, Chapter 263, Family
21-63 Code, is amended to read as follows:
21-64 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
21-65 SECTION 56. Subsections (a) and (b), Section 263.301, Family
21-66 Code, are amended to read as follows:
21-67 (a) Notice of a permanency [review] hearing shall be given
21-68 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
21-69 persons entitled to notice of the hearing.
22-1 (b) The following persons are entitled to at least 10 days'
22-2 notice of a permanency hearing [to review a child's placement] and
22-3 are entitled to present evidence and be heard at the hearing:
22-4 (1) the department;
22-5 (2) the foster parent or director of the group home or
22-6 institution where the child is residing;
22-7 (3) each parent of the child;
22-8 (4) the managing conservator or guardian of the child;
22-9 [and]
22-10 (5) an attorney ad litem appointed for the child under
22-11 Chapter 107;
22-12 (6) a volunteer advocate appointed for the child under
22-13 Chapter 107; and
22-14 (7) any other person or agency named by the court to
22-15 have an interest in the child's welfare.
22-16 SECTION 57. Section 263.302, Family Code, is amended to read
22-17 as follows:
22-18 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
22-19 dispense with the attendance of the] child shall attend each
22-20 permanency hearing unless the court specifically excuses the
22-21 child's attendance. Failure by the child to attend a hearing does
22-22 not affect the validity of an order rendered at the [at a placement
22-23 review] hearing.
22-24 SECTION 58. Subchapter D, Chapter 263, Family Code, is
22-25 amended by adding Section 263.3025 to read as follows:
22-26 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
22-27 prepare a permanency plan for a child for whom the department has
22-28 been appointed temporary managing conservator. The department
22-29 shall give a copy of the plan to each person entitled to notice
22-30 under Section 263.301(b) not later than the 10th day before the
22-31 date of the child's first permanency hearing.
22-32 (b) In addition to the requirements of the department rules
22-33 governing permanency planning, the permanency plan must contain the
22-34 information required to be included in a permanency progress report
22-35 under Section 263.303.
22-36 (c) The department shall modify the permanency plan for a
22-37 child as required by the circumstances and needs of the child.
22-38 SECTION 59. Section 263.303, Family Code, is amended to read
22-39 as follows:
22-40 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
22-41 later than the 10th day before the date set for each permanency
22-42 hearing other than the first permanency [review] hearing, the
22-43 department or other authorized agency shall file with the court and
22-44 provide to each party, the child's attorney ad litem, and the
22-45 child's volunteer advocate a permanency progress [status] report
22-46 unless the court orders a different period for providing the report
22-47 [or orders that a report is not required for a specific hearing].
22-48 (b) The permanency progress [status] report must:
22-49 (1) recommend that the suit be dismissed; or
22-50 (2) recommend that the suit continue, and:
22-51 (A) identify the date for dismissal of the suit
22-52 under this chapter;
22-53 (B) provide:
22-54 (i) the name of any person entitled to
22-55 notice under Chapter 102 who has not been served;
22-56 (ii) a description of the efforts by the
22-57 department or another agency to locate and request service of
22-58 citation; and
22-59 (iii) a description of each parent's
22-60 assistance in providing information necessary to locate an unserved
22-61 party;
22-62 (C) evaluate [all relevant information
22-63 concerning each of the guidelines under this chapter and] the
22-64 parties' compliance with temporary orders and with the service
22-65 plan;
22-66 (D) evaluate whether the child's placement in
22-67 substitute care meets the child's needs and recommend other plans
22-68 or services to meet the child's special needs or circumstances;
22-69 (E) describe the permanency plan for the child
23-1 and recommend actions necessary to ensure that a final order
23-2 consistent with that permanency plan is rendered before the date
23-3 for dismissal of the suit under this chapter; and
23-4 (F) [(2) recommend one of the following actions:]
23-5 [(A) that the child be returned to the child's
23-6 home and that the suit be dismissed;]
23-7 [(B) that the child be returned to the child's
23-8 home with the department or other agency retaining conservatorship;]
23-9 [(C) that the child remain in substitute care
23-10 for a specified period and that the child's parents continue to
23-11 work toward providing the child with a safe environment;]
23-12 [(D) that the child remain in substitute care
23-13 for a specified period and that termination of parental rights be
23-14 sought under this code;]
23-15 [(E) that a child who has resided in substitute
23-16 care for at least 18 months be placed or remain in permanent or
23-17 long-term substitute care because of the child's special needs or
23-18 circumstances; or]
23-19 [(F) that other plans be made or other services
23-20 provided in accordance with the child's special needs or
23-21 circumstances; and]
23-22 [(3)] with respect to a child 16 years of age or
23-23 older, identify the services needed to assist the child in the
23-24 transition to adult life.
23-25 (c) A parent whose parental rights are the subject of a suit
23-26 affecting the parent-child relationship, the attorney for that
23-27 parent, or the child's attorney ad litem or guardian ad litem may
23-28 file a response to the department's or other agency's report filed
23-29 under Subsection (b). A response must be filed not later than the
23-30 third day before the date of the hearing.
23-31 SECTION 60. Section 263.304, Family Code, is amended to read
23-32 as follows:
23-33 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
23-34 Not later than the 180th day after the date the court renders a
23-35 temporary order appointing the department as temporary managing
23-36 conservator of a child [of the conclusion of the full adversary
23-37 hearing under Chapter 262], the court shall hold a permanency
23-38 hearing to review the status of, and permanency plan for, the [a]
23-39 child to ensure that a final order consistent with that permanency
23-40 plan is rendered before the date for dismissal of the suit under
23-41 this chapter [in substitute care in the court's jurisdiction,
23-42 including the time for the completion of the plan and the projected
23-43 date for the achievement of the child's permanency plan].
23-44 SECTION 61. Section 263.305, Family Code, is amended to read
23-45 as follows:
23-46 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
23-47 subsequent permanency hearing before entry of a final order
23-48 [Subsequent review hearings] shall be held [not earlier than 5 1/2
23-49 months and] not later than the 120th day [seven months] after the
23-50 date of the last permanency hearing in the suit. For [unless,
23-51 for] good cause shown or on the court's own motion [by a party],
23-52 the court may order more frequent hearings [an earlier hearing is
23-53 approved by the court].
23-54 SECTION 62. Section 263.306, Family Code, is amended to read
23-55 as follows:
23-56 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
23-57 each permanency [review] hearing the court shall [determine]:
23-58 (1) identify [the identity of] all persons or parties
23-59 present at the hearing or those given notice but failing to appear;
23-60 (2) review the efforts of the department or another
23-61 agency in:
23-62 (A) attempting to locate all necessary persons;
23-63 (B) requesting service of citation; and
23-64 (C) obtaining the assistance of a parent in
23-65 providing information necessary to locate an absent parent;
23-66 (3) return the child to the parent or parents if
23-67 [whether] the child's parent or parents are willing and able to
23-68 provide the child with a safe environment and the return of the
23-69 child is in the child's best interest;
24-1 (4) return the child to a person or entity, other than
24-2 a parent, entitled to service under Chapter 102 if the person or
24-3 entity is willing and able to provide the child with a safe
24-4 environment and the return of the child is in the child's best
24-5 interest;
24-6 (5) evaluate the department's efforts to identify
24-7 relatives who could provide the child with a safe environment, if
24-8 the child is not returned to a parent or another person or entity
24-9 entitled to service under Chapter 102;
24-10 (6) evaluate the parties' compliance with temporary
24-11 orders and
24-12 [(3) the extent to which the child's parents have
24-13 taken the necessary actions or responsibilities toward achieving
24-14 the plan goal during the period of the service plan and the extent
24-15 to which the department or other authorized agency has provided
24-16 assistance to the parents as provided in] the service plan;
24-17 (7) determine [(4)] whether:
24-18 (A) the child continues to need substitute care;
24-19 (B) [and whether] the child's current placement
24-20 is appropriate for meeting the child's needs; and
24-21 (C) other plans or services are needed to meet
24-22 the child's special needs or circumstances;
24-23 (8) if the child is placed in institutional care,
24-24 determine whether efforts have been made to ensure placement of the
24-25 child in the least restrictive environment consistent with the best
24-26 interest and special needs of the child;
24-27 (9) if the child is 16 years of age or older, order
24-28 services that are needed to assist the child in making the
24-29 transition from substitute care to independent living if the
24-30 services are available in the community;
24-31 (10) determine plans, services, and further temporary
24-32 orders necessary to ensure that a final order is rendered before
24-33 the date for dismissal of the suit under this chapter; and
24-34 (11) determine the date for dismissal of the suit
24-35 under this chapter and give notice in open court to all parties of:
24-36 (A) the dismissal date;
24-37 (B) the date of the next permanency hearing; and
24-38 (C) the date the suit is set for trial.
24-39 [(5) a date for achieving the child's permanency plan;]
24-40 [(6) if the child has been in substitute care for not
24-41 less than 18 months, the future status of the child and the
24-42 appropriateness of the date by which the child may return home and
24-43 whether to render further appropriate orders;]
24-44 [(7) if the child is in substitute care outside the
24-45 state, whether the out-of-state placement continues to be
24-46 appropriate and in the best interest of the child;]
24-47 [(8) whether the child's parents are willing and able
24-48 to provide the child with a safe environment without the assistance
24-49 of a service plan and, if so, return the child to the parents;]
24-50 [(9) whether the child's parents are willing and able
24-51 to provide the child with a safe environment with the assistance of
24-52 a service plan and, if so, return the child or continue the
24-53 placement of the child in the child's home under the department's
24-54 or other agency's supervision;]
24-55 [(10) whether the child's parents are presently
24-56 unwilling or unable to provide the child with a safe environment,
24-57 even with the assistance of a service plan, and, if so, order the
24-58 child to remain under the department's or other agency's managing
24-59 conservatorship for a period of time specified by the court;]
24-60 [(11) whether a long-term substitute care placement is
24-61 in the child's best interest because of the child's special needs
24-62 or circumstances and, if so, begin a long-term substitute care
24-63 placement and if the child is placed in institutional care, whether
24-64 efforts have been made to ensure placement of the child in the
24-65 least restrictive environment consistent with the best interest and
24-66 special needs of the child;]
24-67 [(12) whether a child is 16 years of age or older and,
24-68 if so, order the services that are needed to assist the child in
24-69 making the transition from substitute care to independent living if
25-1 the services are available in the community;]
25-2 [(13) whether the child has been placed with the
25-3 department under a voluntary placement agreement and, if so, order
25-4 that the department will institute further proceedings or return
25-5 the child to the parents;]
25-6 [(14) whether the department or authorized agency has
25-7 custody, care, and control of the child under an affidavit of
25-8 relinquishment of parental rights naming the department managing
25-9 conservator and, if so, direct the department or authorized agency
25-10 to institute further proceedings; and]
25-11 [(15) whether parental rights to the child have been
25-12 terminated and, if so, determine whether the department or
25-13 authorized agency will attempt to place the child for adoption.]
25-14 SECTION 63. Chapter 263, Family Code, is amended by adding
25-15 Subchapters E and F to read as follows:
25-16 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
25-17 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
25-18 (a) Unless the court has rendered a final order or granted an
25-19 extension under Subsection (b), on the first Monday after the first
25-20 anniversary of the date the court rendered a temporary order
25-21 appointing the department as temporary managing conservator, the
25-22 court shall dismiss the suit affecting the parent-child
25-23 relationship filed by the department that requests termination of
25-24 the parent-child relationship or requests that the department be
25-25 named conservator of the child.
25-26 (b) On or before the time described by Subsection (a) for
25-27 the dismissal of the suit, the court may extend the court's
25-28 jurisdiction of the suit for a period stated in the extension
25-29 order, but not longer than 180 days after the time described by
25-30 Subsection (a), if the court has continuing jurisdiction of the
25-31 suit and the appointment of the department as temporary managing
25-32 conservator is in the best interest of the child. If the court
25-33 grants an extension, the extension order must also:
25-34 (1) schedule the new date for dismissal of the suit;
25-35 and
25-36 (2) make further temporary orders for the safety and
25-37 welfare of the child as necessary to avoid further delay in
25-38 resolving the suit.
25-39 (c) If the court grants an extension, the court shall render
25-40 a final order or dismiss the suit on or before the date specified
25-41 in the extension order and may not grant an additional extension.
25-42 (d) For purposes of this section, a final order is an order
25-43 that:
25-44 (1) requires that a child be returned to the child's
25-45 parent;
25-46 (2) names a relative of the child or another person as
25-47 the child's managing conservator;
25-48 (3) without terminating the parent-child relationship,
25-49 appoints the department as the managing conservator of the child;
25-50 or
25-51 (4) terminates the parent-child relationship and
25-52 appoints a relative of the child, another suitable person, or the
25-53 department as managing conservator of the child.
25-54 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
25-55 RELATIVE. (a) Notwithstanding Section 263.401, the court may
25-56 retain jurisdiction and not dismiss the suit or render a final
25-57 order as required by that section if the court:
25-58 (1) finds that retaining jurisdiction under this
25-59 section is in the best interest of the child;
25-60 (2) orders the department to return the child to the
25-61 child's parent or to place the child with a relative of the child;
25-62 (3) requires that the department continue to serve as
25-63 temporary managing conservator of the child; and
25-64 (4) orders the department to monitor the child's
25-65 placement to ensure that the child is in a safe environment.
25-66 (b) If the court renders an order under this section, the
25-67 court must include in the order specific findings regarding the
25-68 grounds for the order.
25-69 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
26-1 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
26-2 may render a final order appointing the department as managing
26-3 conservator of the child without terminating the rights of the
26-4 parent of the child if the court finds that:
26-5 (1) appointment of a parent as managing conservator
26-6 would not be in the best interest of the child because the
26-7 appointment would significantly impair the child's physical health
26-8 or emotional development; and
26-9 (2) it would not be in the best interest of the child
26-10 to appoint a relative of the child or another person as managing
26-11 conservator.
26-12 (b) In determining whether the department should be
26-13 appointed as managing conservator of the child without terminating
26-14 the rights of a parent of the child, the court shall take the
26-15 following factors into consideration:
26-16 (1) that the child will reach 18 years of age in not
26-17 less than three years;
26-18 (2) that the child is 12 years of age or older and has
26-19 expressed a strong desire against termination or being adopted;
26-20 (3) that the child has special medical or behavioral
26-21 needs that make adoption of the child unlikely; and
26-22 (4) the needs and desires of the child.
26-23 (Sections 263.404-263.500 reserved for expansion
26-24 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
26-25 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
26-26 the department has been named as a child's managing conservator in
26-27 a final order that does not include termination of parental rights,
26-28 the court shall conduct a placement review hearing at least once
26-29 every six months until the child becomes an adult.
26-30 (b) If the department has been named as a child's managing
26-31 conservator in a final order that terminates a parent's parental
26-32 rights, the court shall conduct a placement review hearing at least
26-33 once every six months until the date the child is adopted or the
26-34 child becomes an adult.
26-35 (c) Notice of a placement review hearing shall be given as
26-36 provided by Rule 21a, Texas Rules of Civil Procedure, to each
26-37 person entitled to notice of the hearing.
26-38 (d) The following are entitled to not less than 10 days'
26-39 notice of a placement review hearing:
26-40 (1) the department;
26-41 (2) the foster parent or director of the group home or
26-42 institution in which the child is residing;
26-43 (3) each parent of the child;
26-44 (4) each possessory conservator or guardian of the
26-45 child;
26-46 (5) the child's attorney ad litem and volunteer
26-47 advocate, if the appointments were not dismissed in the final
26-48 order; and
26-49 (6) any other person or agency named by the court as
26-50 having an interest in the child's welfare.
26-51 (e) The court may dispense with the requirement that the
26-52 child attend a placement review hearing.
26-53 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
26-54 the 10th day before the date set for a placement review hearing,
26-55 the department or other authorized agency shall file a placement
26-56 review report with the court and provide a copy to each person
26-57 entitled to notice under Section 263.501(d).
26-58 (b) For good cause shown, the court may order a different
26-59 time for filing the placement review report or may order that a
26-60 report is not required for a specific hearing.
26-61 (c) The placement review report must:
26-62 (1) evaluate whether the child's current placement is
26-63 appropriate for meeting the child's needs;
26-64 (2) evaluate whether efforts have been made to ensure
26-65 placement of the child in the least restrictive environment
26-66 consistent with the best interest and special needs of the child if
26-67 the child is placed in institutional care;
26-68 (3) identify the services that are needed to assist a
26-69 child who is at least 16 years of age in making the transition from
27-1 substitute care to independent living if the services are available
27-2 in the community;
27-3 (4) identify other plans or services that are needed
27-4 to meet the child's special needs or circumstances; and
27-5 (5) describe the efforts of the department or
27-6 authorized agency to place the child for adoption if parental
27-7 rights to the child have been terminated and the child is eligible
27-8 for adoption.
27-9 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
27-10 placement review hearing, the court shall determine whether:
27-11 (1) the child's current placement is appropriate for
27-12 meeting the child's needs;
27-13 (2) efforts have been made to ensure placement of the
27-14 child in the least restrictive environment consistent with the best
27-15 interest and special needs of the child if the child is placed in
27-16 institutional care;
27-17 (3) the services that are needed to assist a child who
27-18 is at least 16 years of age in making the transition from
27-19 substitute care to independent living are available in the
27-20 community;
27-21 (4) other plans or services are needed to meet the
27-22 child's special needs or circumstances; and
27-23 (5) the department or authorized agency has exercised
27-24 due diligence in attempting to place the child for adoption if
27-25 parental rights to the child have been terminated and the child is
27-26 eligible for adoption.
27-27 SECTION 64. Section 264.009, Family Code, is amended to read
27-28 as follows:
27-29 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) In
27-30 [Except as provided by Subsection (b), in] any action under this
27-31 code [title], the department shall be represented in court by
27-32 [the]:
27-33 (1) the county [prosecuting] attorney [who represents
27-34 the state in criminal cases in the district or county court] of the
27-35 county where the action is brought, unless the district attorney or
27-36 criminal district attorney elects to provide representation; or
27-37 (2) if the case is one in which a conflict of interest
27-38 or special circumstances exist, an attorney employed by the
27-39 department or who has contracted with the department under
27-40 Subsection (c) to provide representation [attorney general].
27-41 (b) In a county with a population of 2,800,000 or more, in
27-42 an action under this code [title], the department shall be
27-43 represented in court by [the]:
27-44 (1) the attorney who represents the state in civil
27-45 cases in the district or county court of the county where the
27-46 action is brought; or
27-47 (2) if the case is one in which a conflict of interest
27-48 or special circumstances exists, an attorney employed by the
27-49 department or who has contracted with the department under
27-50 Subsection (c) to provide representation [attorney general].
27-51 (c) The department may contract with a county attorney, a
27-52 district attorney, a criminal district attorney, the attorney
27-53 general, or a private attorney to provide reimbursement from any
27-54 available state or federal funds of the costs of representing the
27-55 department in an action under this code.
27-56 SECTION 65. Subchapter B, Chapter 264, Family Code, is
27-57 amended by amending Section 264.106 and adding Section 264.1061 to
27-58 read as follows:
27-59 Sec. 264.106. CONTRACTS FOR SUBSTITUTE CARE SERVICES
27-60 [CONTRACT RESIDENTIAL CARE]. (a) The department shall:
27-61 (1) assess the need for substitute care services
27-62 throughout the state; and
27-63 (2) contract with substitute care providers only to
27-64 the extent necessary to meet the need for those services.
27-65 (b) Before contracting with a substitute care provider, the
27-66 department shall determine whether:
27-67 (1) community resources are available to support
27-68 children placed under the provider's care; and
27-69 (2) the appropriate public school district has
28-1 sufficient resources to support children placed under the
28-2 provider's care if the children will attend public school.
28-3 (c) In addition to the requirements of Section 40.058(a),
28-4 Human Resources Code, a contract with a substitute care provider
28-5 must include provisions that:
28-6 (1) enable the department to monitor the effectiveness
28-7 of the provider's services; and
28-8 (2) authorize the department to terminate the contract
28-9 or impose sanctions for a violation of a provision of the contract
28-10 that specifies performance criteria.
28-11 (d) In determining whether to contract with a substitute
28-12 care provider, the department shall consider the provider's
28-13 performance under any previous contract for substitute care
28-14 services between the department and the provider.
28-15 (e) In this section, "substitute care provider" means a
28-16 person who provides residential care for children for 24 hours a
28-17 day, including:
28-18 (1) a child-care institution, as defined by Section
28-19 42.002, Human Resources Code;
28-20 (2) a child-placing agency, as defined by Section
28-21 42.002, Human Resources Code;
28-22 (3) a foster group home or foster family home, as
28-23 defined by Section 42.002, Human Resources Code; and
28-24 (4) an agency group home or agency home, as defined by
28-25 Section 42.002, Human Resources Code, other than an agency group
28-26 home, agency home, or a foster home verified or certified by the
28-27 department [make reasonable efforts to ensure that the expenditure
28-28 of appropriated funds to purchase contract residential care for
28-29 children is allocated to providers on a fixed monthly basis if:]
28-30 [(1) the allocation is cost effective; and]
28-31 [(2) the number, type, needs, and conditions of the
28-32 children served are reasonably constant.]
28-33 [(b) This section does not apply to the purchase of care in
28-34 a foster family home].
28-35 Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department
28-36 shall monitor the performance of a foster parent who does not
28-37 provide substitute care services through an entity under contract
28-38 with or licensed by the department. The method under which
28-39 performance is monitored must include the use of objective criteria
28-40 by which the foster parent's performance may be assessed. The
28-41 department shall include references to the criteria in a written
28-42 agreement between the department and the foster parent concerning
28-43 the foster parent's services.
28-44 SECTION 66. Section 264.107, Family Code, is amended to read
28-45 as follows:
28-46 Sec. 264.107. Placement of Children. (a) In making a
28-47 placement of a child removed from the home of the child's custodial
28-48 parent, the department shall consider placing the child in the home
28-49 of the child's noncustodial parent.
28-50 (b) The department shall use a system for the placement of
28-51 children in contract residential care, including foster care, that
28-52 conforms to the levels of care adopted and maintained by the Health
28-53 and Human Services Commission.
28-54 (c) [(b)] The department shall use the standard application
28-55 for the placement of children in contract residential care as
28-56 adopted and maintained by the Health and Human Services Commission.
28-57 SECTION 67. Subchapter B, Chapter 264, Family Code, is
28-58 amended by adding Section 264.1075 to read as follows:
28-59 Sec. 264.1075. USE OF ASSESSMENT SERVICES. Before placing a
28-60 child in substitute care, the department shall use assessment
28-61 services provided by a child-care facility or child-placing agency
28-62 in accordance with Section 42.0425, Human Resources Code, to
28-63 determine the appropriate substitute care for the child.
28-64 SECTION 68. Subchapter C, Chapter 264, Family Code, is
28-65 amended by adding Sections 264.206 and 264.207 to read as follows:
28-66 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. (a) The
28-67 department shall begin its efforts to locate qualified persons to
28-68 adopt a child, including persons registered with the adoptive
28-69 parent registry under Subchapter B, at the time the department's
29-1 permanency plan for the child becomes the termination of the
29-2 parent-child relationship.
29-3 (b) The department shall report to the court in which the
29-4 department petitions for termination of the parent-child
29-5 relationship on the child's adoptability and the department's
29-6 search for prospective adoptive parents for the child, including
29-7 information relating to the department's efforts to work with
29-8 licensed child-placing agencies.
29-9 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
29-10 (a) The department shall adopt policies that provide for the
29-11 improvement of the department's services for children and families,
29-12 including policies that provide for conducting a home study within
29-13 four months after the date an applicant is approved for an adoption
29-14 and documenting the results of the home study within 30 days after
29-15 the date the study is completed. The policies adopted under this
29-16 section must:
29-17 (1) be designed to increase the accountability of the
29-18 department to individuals who receive services and to the public;
29-19 and
29-20 (2) assure consistency of services provided by the
29-21 department in the different regions of the state.
29-22 (b) To accomplish the goals stated in Subsection (a), the
29-23 department shall:
29-24 (1) establish time frames for the initial screening of
29-25 families seeking to adopt children;
29-26 (2) provide for the evaluation of the effectiveness of
29-27 the department's management-level employees in expeditiously making
29-28 permanent placements for children;
29-29 (3) establish, as feasible, comprehensive assessment
29-30 services in various locations in the state to determine the needs
29-31 of children and families served by the department;
29-32 (4) emphasize and centralize the monitoring and
29-33 promoting of the permanent placement of children receiving
29-34 department services;
29-35 (5) establish goals and performance measures in the
29-36 permanent placement of children;
29-37 (6) seek private licensed child-placing agencies to
29-38 place a child in the department's managing conservatorship who has
29-39 been available for permanent placement for more than 90 days;
29-40 (7) provide information to private licensed
29-41 child-placing agencies concerning children under Subdivision (6);
29-42 (8) provide financial incentives for a private
29-43 licensed child-placing agency that places a child, as defined by
29-44 Section 162.301, under Subdivision (6);
29-45 (9) encourage foster parents to be approved by the
29-46 department as both foster parents and adoptive parents;
29-47 (10) address failures by the department's service
29-48 regions in making permanent placements for children in a reasonable
29-49 time; and
29-50 (11) require the department's service regions to
29-51 participate in the Texas Adoption Resources Exchange.
29-52 SECTION 69. Subchapter B, Chapter 531, Government Code, is
29-53 amended by adding Section 531.047 to read as follows:
29-54 Sec. 531.047. SUBSTITUTE CARE PROVIDER OUTCOME STANDARDS.
29-55 (a) The commission, after consulting with representatives from the
29-56 Department of Protective and Regulatory Services, the Texas
29-57 Juvenile Probation Commission, and the Texas Department of Mental
29-58 Health and Mental Retardation, shall by rule adopt result-oriented
29-59 standards that a provider of substitute care services for children
29-60 under the care of the state must achieve.
29-61 (b) A health and human services agency that purchases
29-62 substitute care services must include the result-oriented standards
29-63 as requirements in each substitute care service provider contract.
29-64 (c) A health and human services agency may provide
29-65 information about a substitute care provider, including rates,
29-66 contracts, outcomes, and client information, to another agency that
29-67 purchases substitute care services.
29-68 SECTION 70. (a) Representatives from each state agency that
29-69 purchases substitute care services for children under the state's
30-1 care shall meet to:
30-2 (1) assess the total need for substitute care services
30-3 in this state; and
30-4 (2) develop and implement a competitive bidding
30-5 process to purchase substitute care services.
30-6 (b) Except as provided by Subsection (c) of this section,
30-7 each state agency must use the competitive bidding process created
30-8 under Subsection (a) of this section to purchase substitute care
30-9 services.
30-10 (c) A state agency is not required to use the competitive
30-11 bidding process to purchase:
30-12 (1) foster family care services;
30-13 (2) substitute care services in a geographic area of
30-14 this state that has a shortage of service providers; or
30-15 (3) specialized substitute care services if there is a
30-16 shortage of providers of the specialized services.
30-17 (d) The state agency representatives shall meet and develop
30-18 the competitive bidding process for purchasing substitute care
30-19 services as soon as possible after the effective date of this Act.
30-20 (e) Not later than September 1, 1998, the Department of
30-21 Protective and Regulatory Services shall develop and implement a
30-22 pilot program under which the department purchases substitute care
30-23 services through a competitive bidding process. The department
30-24 must design the pilot program to produce a substitute care system
30-25 that is outcome-based and that uses the department's outcome
30-26 measures.
30-27 SECTION 71. (a) Sections 263.308 and 263.309, Family Code,
30-28 are repealed.
30-29 (b) Section 42.050, Human Resources Code, as amended by
30-30 Chapter 1052, Acts of the 70th Legislature, Regular Session, 1987,
30-31 is repealed.
30-32 SECTION 72. (a) Except as otherwise provided by this Act,
30-33 this Act takes effect September 1, 1997.
30-34 (b) The Board of Protective and Regulatory Services shall
30-35 adopt rules necessary to administer the changes in law made by this
30-36 Act not later than November 1, 1997.
30-37 (c) The changes in law made by this Act in the
30-38 qualifications of, and the prohibitions applying to, members of the
30-39 Board of Protective and Regulatory Services do not affect the
30-40 entitlement of a member serving on the board immediately before
30-41 September 1, 1997, to continue to carry out the functions of the
30-42 board for the remainder of the member's term. The changes in law
30-43 apply only to a member appointed on or after September 1, 1997.
30-44 This Act does not prohibit a person who is a member of the board on
30-45 September 1, 1997, from being reappointed to the board if the
30-46 person has the qualifications required for a member under Chapter
30-47 40, Human Resources Code, as amended by this Act.
30-48 (d) The executive director of the Department of Protective
30-49 and Regulatory Services shall appoint the members of the strategic
30-50 technology steering committee established by Section 40.0305, Human
30-51 Resources Code, as added by this Act, not later than November 1,
30-52 1997.
30-53 (e) Except as provided by Section 73 of this Act and
30-54 Subsection (f) of this section, the change in law made by this Act
30-55 relating to a disciplinary proceeding or contested case of the
30-56 Department of Protective and Regulatory Services applies only to a
30-57 proceeding initiated on or after the effective date of this Act.
30-58 (f) The change in law made by this Act relating to the
30-59 imposition of a penalty or other disciplinary action on a person or
30-60 entity regulated by the Department of Protective and Regulatory
30-61 Services applies only to a violation that occurs on or after the
30-62 effective date of this Act. A violation that occurs before the
30-63 effective date of this Act is governed by the law in effect on the
30-64 date the violation occurred, and the former law is continued in
30-65 effect for that purpose.
30-66 (g) The change in law made by this Act relating to the
30-67 qualifications for a license issued by the Department of Protective
30-68 and Regulatory Services applies only to an application for a
30-69 license made on or after the effective date of this Act. An
31-1 application made before the effective date of this Act is governed
31-2 by the law in effect on the date the application was made, and the
31-3 former law is continued in effect for that purpose.
31-4 (h) The change in law made by this Act regarding the
31-5 termination of the parent-child relationship applies only to a suit
31-6 affecting the parent-child relationship in which termination of the
31-7 parent-child relationship is sought filed on or after the effective
31-8 date of this Act. A suit affecting the parent-child relationship
31-9 in which termination of the parent-child relationship is sought
31-10 filed before the effective date of this Act is governed by the law
31-11 in effect on the date the suit was filed, and the former law is
31-12 continued in effect for that purpose.
31-13 SECTION 73. (a) The change in law made by this Act relating
31-14 to a contested case hearing conducted by the State Office of
31-15 Administrative Hearings on behalf of the Department of Protective
31-16 and Regulatory Services applies only to a hearing that begins on or
31-17 after January 1, 1998. Notwithstanding any other provision of this
31-18 Act, a hearing that begins before that date is governed by the law
31-19 in effect at the time the hearing begins, and that law is continued
31-20 in effect for that purpose.
31-21 (b) The executive director of the Department of Protective
31-22 and Regulatory Services and the chief administrative law judge of
31-23 the State Office of Administrative Hearings may agree to transfer
31-24 contested cases pending before the Department of Protective and
31-25 Regulatory Services to the State Office of Administrative Hearings
31-26 before January 1, 1998.
31-27 SECTION 74. Section 42.0461, Human Resources Code, as added
31-28 by this Act, applies only to an application for a license or for
31-29 authorization to expand capacity under a license filed on or after
31-30 the effective date of this Act. An application filed before the
31-31 effective date of this Act is governed by the law in effect at the
31-32 time the application was filed, and the former law is continued in
31-33 effect for that purpose.
31-34 SECTION 75. (a) The change in law made by Sections 51
31-35 through 62 of this Act takes effect January 1, 1998.
31-36 (b) Except as provided by Subsection (c) of this section,
31-37 Sections 51 through 62 of this Act apply to a pending suit
31-38 affecting the parent-child relationship regardless of whether the
31-39 suit was commenced before, on, or after the effective date of this
31-40 Act.
31-41 (c) If the Department of Protective and Regulatory Services
31-42 has been appointed temporary managing conservator of a child before
31-43 the effective date of this Act, the court shall establish a date
31-44 for dismissal of the suit not later than the second anniversary of
31-45 the date of the next hearing conducted under Chapter 263, Family
31-46 Code, unless the court has rendered a final order before the
31-47 dismissal date.
31-48 SECTION 76. The Health and Human Services Commission shall
31-49 adopt the rules required by Section 531.047, Government Code, as
31-50 added by this Act, not later than January 1, 1998.
31-51 SECTION 77. An agency that purchases substitute care
31-52 services shall review the effectiveness of the result-oriented
31-53 standards adopted under Section 531.047, Government Code, as added
31-54 by this Act, and report to the governor, lieutenant governor,
31-55 speaker of the house of representatives, comptroller, and
31-56 Legislative Budget Board not later than January 31, 1999.
31-57 SECTION 78. Not later than September 15, 1997, each agency
31-58 or subdivision of the state that inspects child-care facilities
31-59 shall submit a copy of the inspection form used by the agency or
31-60 subdivision to the Department of Protective and Regulatory Services
31-61 for the department's use in implementing Section 42.0441, Human
31-62 Resources Code, as added by this Act.
31-63 SECTION 79. The Department of Protective and Regulatory
31-64 Services shall establish a working group to coordinate the
31-65 processing of child protection cases. The working group shall
31-66 consist of representatives from the Office of Court Administration,
31-67 the Texas Supreme Court, and district and county attorneys'
31-68 offices. The working group shall report its recommendations to the
31-69 Texas Supreme Court not later than September 1, 1998. After
32-1 considering the recommendations of the working group, the Texas
32-2 Supreme Court shall adopt rules regarding the processing of child
32-3 protection cases.
32-4 SECTION 80. If before implementing any provision of this
32-5 Act, a state agency determines that a waiver or authorization from
32-6 a federal agency is necessary to implement a provision, the state
32-7 agency shall request the waiver or authorization and may delay
32-8 implementing the provision until the waiver or authorization is
32-9 granted.
32-10 SECTION 81. The importance of this legislation and the
32-11 crowded condition of the calendars in both houses create an
32-12 emergency and an imperative public necessity that the
32-13 constitutional rule requiring bills to be read on three several
32-14 days in each house be suspended, and this rule is hereby suspended.
32-15 * * * * *