SRC-CTC S.B. 664 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 664
77R6433 CBH-DBy: Madla
Health & Human Services
2/20/2001
As Filed


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.  As
proposed, 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 6 (Sections 261.407 and 261.408) and SECTION 7
(Section 48.301) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 261E, Family Code, to read as follows:

SUBCHAPTER E.  New heading: INVESTIGATIONS OF ABUSE, NEGLECT, OR
EXPLOITATION IN CERTAIN FACILITIES 

SECTION 2.  Amends Chapter 261E, Family Code, by adding Section 261.4005,
as follows: 

 Sec. 261.4005.  DEFINITIONS.  Defines "abuse," "exploitation," and
"neglect." 

SECTION 3.  Amends Section 261.401, Family Code, to add 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 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 implement those policies in a manner consistent with rules adopted by
state agencies under Subsection (b). 

SECTION 4.  Amends Section 261.402(b), (d), and (e), Family Code, to make
conforming changes. 

SECTION 5.  Amends Section 261.403(b), Family Code, to make conforming
changes. 

SECTION 6.  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 this subchapter of suspected child abuse, neglect, or
exploitation in a facility.  Provides that a rule or policy adopted by a
state agency or institution under this subchapter must be consistent with
the minimum standards adopted by the commission. 

 Sec. 261.408.  INFORMATION COLLECTION.  Requires the commission, by rule,
to adopt uniform procedures for collecting information under this
subchapter, 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. 

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.  Repealer:  Section 261.404(c), Family Code (Investigations in
Facilities Under Department of Mental Health and Mental Retardation). 

SECTION 9.  Effective date: September 1, 2001.