SRC- CTC S.B. 664 77(R)BILL ANALYSIS Senate Research CenterS.B. 664 By: Madla Health & Human Services 5/28/2001 Enrolled DIGEST AND PURPOSE The 76th Legislature passed H.B. 2641 directing the Health and Human Services Commission to create a workgroup to address certain issues. S.B. 664 codifies the recommendations of the task force to standardize the definition of abuse, neglect, and exploitation and clarify that agencies must develop procedures consistent with each other for the investigation of incidents of abuse or neglect. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Health and Human Services Commission in SECTION 5 (Sections 261.407 and 261.408) and SECTION 7 (Section 48.301) of this bill. Rulemaking authority is expressly granted to the board of the Texas Youth Commission in SECTION 6 (Section 261.409, Family Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Chapter 261E, Family Code, to read as follows: SUBCHAPTER E. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION IN CERTAIN FACILITIES SECTION 2. Amends Section 261.401, Family Code, to define "abuse," "exploitation," and "neglect." Adds the exploitation of a child located in a facility operated, licensed, certified, or registered by a state agency to the list of circumstances which must be promptly and thoroughly investigated by the agency. Requires the Health and Human Services Commission to review and approve the rules of agencies other than the Texas Department of Criminal Justice (TDCJ), Texas Youth Commission (TYC), or Texas Juvenile Probation Commission (TJPC) to ensure that those agencies implement certain standards. Requires the Texas School for the Blind and Visually Impaired (TSBVI) and the Texas School for the Deaf (TSD) to adopt policies relating to the investigation and resolution of reports received as provided by this subchapter. Requires the Health and Human Services Commission to review and approve policies to ensure that TSBVI and TSD adopt those policies in a manner consistent with rules adopted by the Health and Human Services Commissioner under Section 261.407. SECTION 3. Amends Sections 261.402(b), (d), and (e), Family Code, to make conforming changes. SECTION 4. Amends Section 261.403(b), Family Code, to make conforming changes. SECTION 5. Amends Chapter 261E, Family Code, by adding Sections 261.407 and 261.408, as follows: Sec. 261.407. MINIMUM STANDARDS. Requires the Health and Human Services Commission (commission), by rule, to adopt minimum standards for the investigation under Section 261.401 of suspected child abuse, neglect, or exploitation in a facility. Provides that a rule or policy adopted by a state agency or institution under Section 261.401 must be consistent with the minimum standards adopted by the commission. Provides that this section does not apply to a facility under the jurisdiction of TDCJ, TYC, or TJPC. Sec. 261.408. INFORMATION COLLECTION. Requires the commission, by rule, to adopt uniform procedures for collecting information under Section 261.401, including procedures for collecting information on deaths that occur in facilities. Requires the Department of Protective and Regulatory Services (department) to receive and compile information on investigations in facilities. Provides that an agency submitting information to the department is responsible for ensuring the timeliness, accuracy, completeness, and retention of the agency's reports. Provides that this section does not apply to a facility under the jurisdiction of TDCJ, TYC, or TJPC. SECTION 6. Amends Chapter 261E, Family Code, by adding Section 261.409, as follows: Sec. 261.409. INVESTIGATIONS IN FACILITIES UNDER TEXAS YOUTH COMMISSION JURISDICTION. Requires the board of TYC by rule to adopt certain standards. SECTION 7. Amends Section 48.301, Human Resources Code, to require, by rule, the commission to adopt minimum standards for the investigation of suspected abuse, neglect, or exploitation of an elderly or disabled person under this section. Provides that a rule or policy adopted by a state agency or institution under Subsection (c) must be consistent with the minimum standards adopted by the commission. SECTION 8. Effective date: September 1, 2001.