HBA-MSH S.B. 664 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 664
By: Madla
Human Services
3/25/2001
Engrossed



BACKGROUND AND PURPOSE 

The 76th Legislature directed the Health and Human Services Commission to
create a workgroup to study issues related to abuse, neglect, and
exploitation of children in state facilities.  The report of the working
group made a series of recommendations concerning the exploitation of
children in state facilities including, definitions of abuse, exploitation,
and neglect, and the investigation of reports of such activities in state
facilities.  Senate Bill 664 implements the recommendations of the working
group. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 5 (Sections 261.407 and 261.408, Family Code) and
SECTION 7 (Sec. 48.301, Human Resources Code) and to the board of the Texas
Youth Commission in SECTION 6 (Sec. 261.409, Family Code) of this bill. 

ANALYSIS

Senate Bill 664 amends the Family and Human Resources codes to define
abuse, exploitation, and neglect as they relate to investigations of
facilities in which children are located (investigation).  The bill adds
exploitation of children to abuse and neglect in provisions relating to
investigations.  The bill requires HHSC to adopt by rule minimum standards
for investigations of suspected abuse, neglect, or exploitation of a child
or an elderly or disabled person.  The bill provides that a rule or policy
adopted by a state agency relating to investigations must be consistent
with the minimum standards, not including a facility under the jurisdiction
of the Texas Youth Commission (TYC). 

The bill requires the Texas School for the Blind and Visually Impaired and
the Texas School for the Deaf to adopt policies relating to the
investigation and resolution of reports that a child has been abused,
neglected, or exploited in one of their facilities.  The bill requires the
Health and Human Services Commission (HHSC) to review and approve the
policies to ensure that the schools adopt policies in a manner consistent
with the minimum standards adopted by HHSC.   

The bill requires HHSC to adopt by rule uniform procedures for collecting
information relating to an investigation, including procedures for
collecting information on deaths that occur in facilities where children
reside, not including a facility under the jurisdiction of TYC.  The bill
requires the board of TYC to adopt by rule standards for an investigation
of a facility under the jurisdiction of the Texas Youth Commission and
compiling information on those investigations. 

EFFECTIVE DATE

September 1, 2001.