79R1416 MCK/CLG/KLA-F

By:  Uresti                                                       H.B. No. 800


A BILL TO BE ENTITLED
AN ACT
relating to protective services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) Subchapter A, Chapter 107, Family Code, is amended by adding Section 107.0041 to read as follows: Sec. 107.0041. DUTIES OF ATTORNEY AD LITEM IN CHILD PROTECTIVE SERVICE CASES. (a) In addition to the duties prescribed by Sections 107.003 and 107.004 and except as provided by Subsection (b), an attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 must meet before each court hearing with: (1) the child, if the child is at least four years of age; or (2) the individual with whom the child ordinarily resides, including the child's parent, conservator, guardian, caretaker, or custodian, if the child is younger than four years of age. (b) An attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 is not required to comply with Subsection (a) before a hearing if the court finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem's compliance with that subsection is not feasible or in the best interest of the child. (c) At any time before the adversary hearing under Section 262.201, an attorney ad litem appointed for a child in a proceeding under Chapter 262 must file a sworn statement with the court stating whether the attorney ad litem has complied with the requirements of Subsection (a). If the attorney ad litem has not complied with those requirements, the attorney ad litem shall state the reason for noncompliance. (d) An attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall complete at least three hours of continuing legal education relating to child advocacy as described by Subsection (e) as soon as practicable after the attorney ad litem's appointment. An attorney ad litem is not required to comply with this subsection if the court finds that the attorney ad litem has experience equivalent to the required education. (e) The continuing legal education required by Subsection (d) must: (1) be low-cost, available on the Internet, and provided through the State Bar of Texas; and (2) focus on the duties of an attorney ad litem in, and the procedures of and best practices for, a proceeding under Chapter 262 or 263. (b) The changes in law made by this section apply only to an attorney ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, on or after the effective date of this Act. An attorney ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, before the effective date of this Act is governed by the law in effect on the date the attorney ad litem was appointed, and the former law is continued in effect for that purpose. (c) The State Bar of Texas shall adopt rules governing the reporting of an attorney ad litem's timely completion of the continuing legal education required by Section 107.0041(d), Family Code, as added by this Act. (d) The Department of Family and Protective Services shall prescribe standard forms to be used by attorneys ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, to comply with the requirements of Section 107.0041(c), Family Code, as added by this Act, and to report and present other information to the court regarding the child's case and the details of the attorney ad litem's visits with the child. SECTION 2. Section 107.013, Family Code, is amended by adding Subsection (c) to read as follows: (c) In a suit filed by a governmental entity requesting temporary managing conservatorship of a child, the court shall appoint an attorney ad litem to represent the interests of an indigent parent of the child who responds in opposition to the suit. SECTION 3. (a) Subchapter C, Chapter 161, Family Code, is amended by adding Section 161.2055 to read as follows: Sec. 161.2055. COURT CONSIDERATION OF VOLUNTARY RELINQUISHMENT. Before the court may order the termination of the parent-child relationship based on an affidavit of voluntary relinquishment of parental rights, the court must consider whether the best interests of the child and of other children of the parent would be better protected by rendering an order of termination for a ground provided by Section 161.001. (b) Section 161.2055, Family Code, as added by this Act, applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 4. Section 261.101, Family Code, is amended by adding Subsection (e) to read as follows: (e) The department shall establish a system to allow a report of abuse or neglect made by a person described by Subsection (b) to be processed more quickly and efficiently. To accomplish that task, the department may establish and publicize a separate telephone number for reports made by those persons, develop a method for routing those telephone calls more quickly to the appropriate personnel, or implement any other improvement to the reporting system. SECTION 5. Subchapter B, Chapter 261, Family Code, is amended by adding Section 261.1056 to read as follows: Sec. 261.1056. COOPERATION BETWEEN DEPARTMENT AND LOCAL PROSECUTORS. (a) The department and the county attorney or criminal district attorney for each county shall develop common guidelines for evaluating and investigating reports of abuse and neglect. The guidelines must promote the principles of child protection, permanency, and prosecutorial discretion. (b) Representatives of the department and the county attorney or criminal district attorney shall review individual cases that may be brought by either entity to clarify the responsibilities of each entity and shall meet periodically to ensure that the guidelines described by Subsection (a) are being followed. SECTION 6. (a) Sections 261.301(a), (d), (f), (g), and (h), Family Code, are amended to read as follows: (a) With assistance from the appropriate state or local law enforcement agency as provided by this section, the department or designated agency shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare. The investigation shall be conducted without regard to any pending suit affecting the parent-child relationship. (d) The department shall [may] by rule assign priorities and prescribe investigative procedures for investigations based on the severity and immediacy of the alleged harm to the child. The rules must require the department to immediately respond to reports of abuse and neglect that are assigned the highest priority. The primary purpose of the investigation shall be the protection of the child. (f) An investigation of a report to the department [that is assigned the highest priority in accordance with department rules adopted under Subsection (d) and] that alleges that a child has been or may be the victim of conduct that constitutes a criminal offense that poses an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child shall be conducted jointly by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, from the appropriate local law enforcement agency and the department or the agency responsible for conducting an investigation under Subchapter E. (g) The inability or unwillingness of a local law enforcement agency to conduct a joint investigation under this section [Subsection (f)] does not constitute grounds to prevent or prohibit the department from performing its duties under this subtitle. The department shall document any instance in which a law enforcement agency is unable or unwilling to conduct a joint investigation under this section [Subsection (f)]. (h) The [department and the] appropriate local law enforcement agency, with assistance from the department, shall conduct an investigation, other than an investigation under Subchapter E, as provided by this section and Article 2.27, Code of Criminal Procedure, if the investigation is of a report [of child abuse or neglect that is assigned the highest priority in accordance with department rules adopted under Subsection (d) and] that alleges that a child has been or may be the victim of conduct that constitutes a criminal offense that poses an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child. Immediately on receipt of a report described by this subsection, the department shall notify the appropriate local law enforcement agency of the report. (b) The change in law made by this section to Section 261.301, Family Code, applies to the investigation of a report of child abuse or neglect made on or after the effective date of this section. The investigation of a report of child abuse or neglect made before the effective date of this section is governed by the law in effect on the date the report was made, and the former law is continued in effect for that purpose. SECTION 7. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3011 to read as follows: Sec. 261.3011. JOINT INVESTIGATION TRAINING. The department shall provide joint training to department investigators and law enforcement officers relating to methods to effectively conduct joint investigations under Section 261.301. SECTION 8. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3016 to read as follows: Sec. 261.3016. TRAINING OF PERSONNEL RECEIVING REPORTS OF ABUSE AND NEGLECT. The department shall develop, in cooperation with local law enforcement officials and the Commission on State Emergency Communications, a training program for department personnel who receive reports of abuse and neglect. The training program must include information on: (1) the proper methods of screening reports of abuse and neglect; (2) ways to determine the seriousness of a report, including determining whether a report alleges circumstances that could result in the death of or serious harm to a child or whether the report is less serious in nature; and (3) procedures for collecting information about the report so as to provide department caseworkers and investigators as much information as possible to investigate the report. SECTION 9. Section 261.310, Family Code, is amended by amending Subsection (c) and adding Subsection (e) to read as follows: (c) The professional training curriculum developed under this section shall include: (1) information concerning: (A) [(1)] physical abuse and neglect, including distinguishing physical abuse from ordinary childhood injuries; (B) [(2)] psychological abuse and neglect; (C) [(3)] available treatment resources; and (D) [(4)] the incidence and types of reports of child abuse and neglect that are received by the investigating agencies, including information concerning false reports; and (2) law-enforcement-style training, including training relating to forensic interviewing and investigatory techniques and the collection of physical evidence. (e) The department, in conjunction with the Department of Public Safety, shall provide to the department's residential child-care facility licensing investigators advanced training in investigative protocols and techniques. SECTION 10. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3126 to read as follows: Sec. 261.3126. COLLOCATION OF INVESTIGATORS. (a) In each county the department and the county and municipal law enforcement agencies that investigate child abuse in the county shall enter into a memorandum of understanding to provide for the collocation of investigators from the department and the law enforcement agencies to improve the efficiency of child abuse investigations. The department shall consider locating investigators from the department and county and municipal law enforcement agencies at a children's advocacy center in the county. (b) If a county does not have a children's advocacy center, the department shall consider establishing a children's advocacy center in the county as provided by Section 264.402 and locating investigators from the department and county and municipal law enforcement agencies at the center. SECTION 11. Subchapter A, Chapter 263, Family Code, is amended by adding Section 263.007 to read as follows: Sec. 263.007. COURT APPROVAL FOR OVERNIGHT VISITS. The department may not permit a child who is in the conservatorship of the department to have an overnight visit with the child's parent or guardian unless the court approves the overnight visit. SECTION 12. (a) Section 263.102(a), Family Code, is amended to read as follows: (a) The service plan must: (1) be specific; (2) be in writing; (3) be prepared by the department or other agency in conference with the child's parents; (4) state appropriate deadlines; (5) state whether the goal of the plan is: (A) return of the child to the child's parents; (B) termination of parental rights and placement of the child for adoption; or (C) because of the child's special needs or exceptional circumstances, continuation of the child's care out of the child's home; (6) state steps that are necessary to: (A) return the child to the child's home if the placement is in foster care; (B) enable the child to remain in the child's home with the assistance of a service plan if the placement is in the home under the department's or other agency's supervision; or (C) otherwise provide a permanent safe placement for the child; (7) state the actions and responsibilities that are necessary for the child's parents to take to achieve the plan goal during the period of the service plan and the assistance to be provided to the parents by the department or other authorized agency toward meeting that goal; (8) state any specific skills or knowledge that the child's parents must acquire or learn to achieve the plan goal; (9) state the name of the person with the department or other agency whom the child's parents may contact for information relating to the child if other than the person preparing the plan; and (10) [(9)] prescribe any other term or condition that the department or other agency determines to be necessary to the service plan's success. (b) Section 263.202(c), Family Code, is amended to read as follows: (c) The court shall advise the parties that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the service plan. (c) The changes in law made by Sections 263.102(a) and 263.202(c), Family Code, as amended by this section, apply only to a child placed in the custody of the Department of Family and Protective Services on or after the effective date of this section. A child placed in the custody of the department before the effective date of this section is governed by the law in effect on the date the child was placed in the department's custody, and the former law is continued in effect for that purpose. SECTION 13. (a) Sections 263.401(a) and (b), Family Code, are amended to read as follows: (a) Unless the court has rendered a final order or granted an extension under Subsection (b), [on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator,] the court shall dismiss the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named conservator of the child on the first Monday after: (1) the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator; or (2) the 180th day after the date the court rendered a temporary order appointing the department as temporary managing conservator, if the court finds that rendering a final order before the 180-day deadline is in the best interest of the child and the court finds that: (A) the parent has been the cause of the child being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by Section 261.001(8); (B) the parent has failed to complete a court-ordered substance abuse treatment program; (C) the parent has continued to abuse a controlled substance after completing a court-ordered substance abuse treatment program; or (D) a court has previously terminated the parental rights of the parent with regard to another child. (b) The court may not retain jurisdiction of the suit after the time described by Subsection (a)(1) or (2), as applicable, unless the court finds that extraordinary circumstances prevent the court from rendering a final order within the time described by Subsection (a) and that continuing the appointment of the department as temporary managing conservator is in the best interest of the child. If the court makes those findings, the court may retain the suit on the court's docket for a period not to exceed 180 days after the time described by Subsection (a)[, if the court finds that continuing the appointment of the department as temporary managing conservator is in the best interest of the child]. If the court retains the suit on the court's docket, the court shall render an order in which the court: (1) schedules the new date for dismissal of the suit not later than the 180th day after the time described by Subsection (a); (2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and (3) sets a final hearing on a date that allows the court to render a final order before the required date for dismissal of the suit under this subsection. (b) The changes in law made by this section to Sections 263.401(a) and (b), Family Code, apply only to a suit affecting the parent-child relationship requesting termination of the parent-child relationship or requesting that the Department of Family and Protective Services be named conservator of the child that is filed by the Department of Family and Protective Services on or after the effective date of this Act. A suit filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 14. Subchapter A, Chapter 264, Family Code, is amended by adding Sections 264.013 and 264.014 to read as follows: Sec. 264.013. EXCHANGE OF INFORMATION WITH OTHER STATES. The department shall enter into agreements with other states to allow for the exchange of information relating to a child for whom the department is or was the managing conservator. The information may include the child's medical or educational passport. Sec. 264.014. DATABASE OF PERSONS WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED. (a) The department shall maintain a computer database of each individual who in a case under this subtitle voluntarily relinquishes the individual's parental rights or whose parental rights are involuntarily terminated. The database must contain for each voluntary relinquishment or involuntary termination occurring on or after January 1, 2000: (1) the person's full name, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, and home address; and (2) any other information required by the department. (b) The information contained in the database is public information, with the exception of any information regarding the person's social security number or driver's license number. (c) The department shall share information in the database with agencies from other states. (d) Not later than the 30th day after the date a court renders an order terminating the parent-child relationship in a suit in which the department is a party, the department shall add the parent whose rights were terminated to the database created under this section. (e) At any time the department discovers that a person who resides in the state has had the person's parental rights terminated in another state, the department shall add the person to the database as soon as the department confirms the termination with the appropriate state agency in the state in which the person's parental rights were terminated. SECTION 15. Section 264.107, Family Code, is amended by adding Subsections (c) and (d) to read as follows: (c) The department shall require the use of real-time technology in the placement system to screen possible placement options for a child and match the child's needs with the most qualified providers with vacancies. (d) The department shall institute a quality assistance system to ensure that placement decisions are reliable and are made in a consistent manner. SECTION 16. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.115 to read as follows: Sec. 264.115. NOTICE TO ATTORNEY AD LITEM. (a) The department shall notify the attorney ad litem for a child in the conservatorship of the department about each event involving the child that the department reports in the child's case file. (b) The department shall give a child's attorney ad litem written notice at least 48 hours before the date the department changes the child's residential care provider. The department may change the child's residential care provider without notice if the department determines that an immediate change is necessary to protect the child. SECTION 17. (a) Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.116 to read as follows: Sec. 264.116. PREPARATION FOR ADULT LIVING PROGRAM. (a) In this section, "program" means the Preparation for Adult Living Program operated by the department to assist older children in foster care in developing the skills necessary to become healthy, productive adults. (b) The department shall seek to expand the availability of program services to all areas of this state by pursuing all potential community partnerships with entities capable of providing relevant services. (c) The department shall develop and implement procedures designed to ensure that older children in foster care receive information about the availability of program services and assistance in obtaining those services. (d) The department shall evaluate the program to determine program effectiveness and identify potential program enhancements. The evaluation must include interviews of youth served by the program conducted at the time that the youth leave the program to determine if the program provided effective assistance. (e) In connection with the program, and to the extent that resources are available, the department shall develop and implement a system to monitor the progress of youth who leave foster care as adults. (b) Not later than January 1, 2007, the Department of Family and Protective Services shall submit a report to the legislature regarding the Preparation for Adult Living Program operated by the department. The report must include the results of the evaluation required by Section 264.116(d), Family Code, as added by this section, and a summary of the department's actions taken under Sections 264.116(b), (c), and (e), Family Code, as added by this section. The report may be combined with any other report required to be provided by the department to the legislature at approximately the same time. SECTION 18. Subchapter C, Chapter 264, Family Code, is amended by adding Section 264.204 to read as follows: Sec. 264.204. COMMUNITY-BASED FAMILY SERVICES. (a) The department shall administer a grant program to provide funding to community organizations, including faith-based organizations, to respond to low-priority, less serious cases of abuse and neglect. (b) The executive commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and the cancellation of grants. (c) To receive a grant, a community organization whose grant request is approved must execute an interagency agreement or a contract with the department. The contract must require the organization receiving the grant to perform the services as stated in the approved grant request. The contract must contain appropriate provisions for program and fiscal monitoring. (d) In areas of the state in which community organizations receive grants under the program, the department shall refer low-priority, less serious cases of abuse and neglect to a community organization receiving a grant under the program. (e) A community organization receiving a referral under Subsection (d) shall make a home visit and offer family social services to enhance the parents' ability to provide a safe and stable home environment for the child. If the family chooses to use the family services, a case manager from the organization shall monitor the case and ensure that the services are delivered. (f) If after the home visit the community organization determines that the case is more serious than the department indicated, the community organization shall refer the case to the department for a full investigation. (g) The department may not award a grant to a community organization in an area of the state in which a similar program is already providing family services in the community. SECTION 19. Subchapter C, Chapter 264, Family Code, is amended by adding Sections 264.209 and 264.210 to read as follows: Sec. 264.209. SAFETY SERVICES. (a) The department's family-based safety services and in-home safety services must include community-based programs designed by the department to increase the safety of children in community care. (b) The department's family-based safety services must include extensive substance abuse treatment programs for parents with substance abuse problems and their children. Sec. 264.210. FEASIBILITY STUDY ON CONSOLIDATION OF FAMILY-BASED AND IN-HOME SAFETY SERVICES. (a) The department shall conduct a study regarding the feasibility of consolidating the family-based safety services and in-home safety services provided by the department. The study must focus on whether consolidating those services would improve the efficient use of the department's resources without negatively impacting child safety. (b) Not later than November 1, 2006, the department shall report the results of the study to the presiding officer of each house of the legislature and to the committees of each house of the legislature that have primary oversight jurisdiction over the department. (c) This section expires September 1, 2007. SECTION 20. Section 264.506, Family Code, is amended by adding Subsection (d) to read as follows: (d) A child fatality review team shall review each child fatality case referred to the review team under Section 264.5145, regardless of whether the deceased child was ever the subject of a report of abuse or neglect under Chapter 261. SECTION 21. Subchapter F, Chapter 264, Family Code, is amended by adding Sections 264.5145 and 264.516 to read as follows: Sec. 264.5145. REFERRAL OF CERTAIN CASES TO REVIEW TEAM REQUIRED. A medical examiner or justice of the peace or any governmental entity that knows of a child fatality case in which the child's death was preventable or unexpected and in which there is a suspicion that the death was caused by abuse or neglect must refer that case to the appropriate child fatality review team. Sec. 264.516. CHILD FATALITY REVIEW DATABASE. The department shall develop and maintain a database composed of information relating to each child fatality review in which the child fatality review team that conducted the review determined that the child's death was caused by abuse or neglect. The database must be accessible to child protective services division caseworkers to allow those caseworkers, in conducting investigations of reports of abuse or neglect under Chapter 261, to identify patterns of abuse or neglect involving the same persons. SECTION 22. Chapter 264, Family Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. FAMILY DRUG COURT PROGRAM
Sec. 264.801. FAMILY DRUG COURT PROGRAM DEFINED. In this subchapter, "family drug court program" means a program that has the following essential characteristics: (1) the integration of substance abuse treatment services in the processing of civil cases in the child welfare system with the goal of family reunification; (2) the use of a comprehensive case management approach involving department caseworkers, court-appointed case managers, and court-appointed special advocates to rehabilitate a parent who has had a child removed from the parent's care by the department because of suspected child abuse or neglect and who is suspected of substance abuse; (3) early identification and prompt placement of eligible parents who volunteer to participate in the program; (4) comprehensive substance abuse needs assessment and referral to an appropriate substance abuse treatment agency; (5) a progressive treatment approach with specific requirements that a parent must meet to advance to the next phase of the program; (6) monitoring of abstinence through periodic alcohol or other drug testing; (7) ongoing judicial interaction with program participants; (8) monitoring and evaluation of program goals and effectiveness; (9) continuing interdisciplinary education to promote effective program planning, implementation, and operations; and (10) development of partnerships with public agencies and community organizations. Sec. 264.802. AUTHORITY TO ESTABLISH PROGRAM. The commissioners court of a county may establish a family drug court program for persons who: (1) have had a child removed from their care by the department; and (2) are suspected by the department or a court of having a substance abuse problem. Sec. 264.803. OVERSIGHT. (a) The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of family drug court programs established under this subchapter. (b) A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a family drug court program established under this subchapter. Sec. 264.804. PARTICIPANT PAYMENT FOR TREATMENT AND SERVICES. A family drug court program may require a participant to pay the cost of all treatment and services received while participating in the program, based on the participant's ability to pay. Sec. 264.805. FUNDING. A county creating a family drug court under this chapter shall explore the possibility of using court improvement project funds to finance the family drug court in the county. The county shall also explore the availability of federal and state matching funds to finance the court. SECTION 23. Subtitle E, Title 5, Family Code, is amended by adding Chapter 266 to read as follows:
CHAPTER 266. ADMINISTRATION OF PSYCHOACTIVE MEDICATION TO FOSTER CHILDREN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 266.001. DEFINITIONS. In this chapter: (1) "Foster child" means a child who resides in a child-care institution, foster group home, foster home, agency foster group home, or agency foster home, as those terms are defined by Section 42.002, Human Resources Code. (2) "Psychoactive medication" has the meaning assigned by Section 574.101, Health and Safety Code.
[Sections 266.002-266.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION OF PSYCHOACTIVE MEDICATION
Sec. 266.051. INFORMED CONSENT TO PRESCRIPTION OF PSYCHOACTIVE MEDICATIONS. (a) A physician may prescribe a psychoactive medication to a foster child only if a person authorized to consent to medical treatment for the child consents to the prescription. (b) Before a person authorized to consent to medical treatment for a foster child may consent to the prescription of a psychoactive medication for the child, the person, the child, and the child's caretakers shall be provided information on the medication, including: (1) the name of the medication; (2) how the medication will help the child; (3) the side effects that commonly occur with the medication; (4) the rare or serious side effects, if any, that may occur with the medication; (5) the medication's recommended dosage and how often it will be taken; (6) how often the child's progress will be checked and by whom; and (7) whether there are any other medications or other therapies or treatments that may serve as an appropriate alternative to the medication. (c) In a manner consistent with any applicable law, the department shall develop and implement procedures for designating one or more specific persons authorized to provide consent to medical treatment, including the prescribing of a psychoactive medication, for a foster child.
[Sections 266.052-266.100 reserved for expansion]
SUBCHAPTER C. TRAINING AND MONITORING
Sec. 266.101. CAREGIVER TRAINING. (a) In this section, "caregiver" means a person who is directly involved in caring for a foster child. The term includes a child's foster parents, caseworkers, social workers, and teachers. (b) The department shall provide comprehensive training about psychoactive medications to each caregiver of a foster child. (c) Training required under this section must: (1) include training on the use, administration, effects, and effectiveness of psychoactive medications; and (2) require caregivers to demonstrate knowledge gained through the training, including knowledge of risks associated with psychoactive medications and the importance of carefully monitoring a child who is taking a psychoactive medication and communicating with medical professionals regarding the child while the child is taking the medication. Sec. 266.102. PSYCHOTROPIC DRUG REVIEW BOARD. (a) The department shall establish a review board to: (1) evaluate the administration of psychotropic drugs to foster children; and (2) identify and promote best practices standards for use in providing mental health care services to foster children. (b) Review board members are appointed by the executive commissioner of the Health and Human Services Commission and must represent a variety of professions involved in the care of foster children, including the medical and psychological professions. SECTION 24. Section 531.0162, Government Code, is amended by adding Subsections (c) and (d) to read as follows: (c) Subject to available appropriations, the commission shall use technology whenever possible in connection with child protection programs, including child abuse prevention programs, to: (1) provide for automated collection of information necessary to evaluate program effectiveness using systems that integrate collection of necessary information with other routine duties of caseworkers and other service providers; and (2) consequently reduce the time that caseworkers and other service providers are required to use in gathering and reporting information necessary for program evaluation. (d) The commission shall include representatives of the private sector in the technology planning process used to determine appropriate technology for child protection programs, including child abuse prevention programs. SECTION 25. Section 531.022(c), Government Code, is amended to read as follows: (c) The plan must include the following goals: (1) the development of a comprehensive, statewide approach to the planning of health and human services; (2) the creation of a continuum of care for families and individuals in need of health and human services; (3) the integration of health and human services to provide for the efficient and timely delivery of those services; (4) the maximization of existing resources through effective funds management and the sharing of administrative functions; (5) the effective use of management information systems to continually improve service delivery; (6) the provision of systemwide accountability through effective monitoring mechanisms; (7) the promotion of teamwork among the health and human services agencies and the provision of incentives for creativity; (8) the fostering of innovation at the local level; [and] (9) the encouragement of full participation of fathers in programs and services relating to children; and (10) the development of a broad-based, interagency approach to prevention of child abuse and neglect. SECTION 26. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.078 to read as follows: Sec. 531.078. PHYSICIAN TRAINING ON USE OF PSYCHOACTIVE MEDICATIONS. The commission shall provide advice and technical assistance to medical professionals and medical schools on improving the training of physicians who may prescribe psychoactive medications, including training on: (1) the use of psychoactive medications generally; (2) disorders that may require treatment with psychoactive medications; (3) recent developments in psychopharmacology that relate to psychoactive medication; (4) issues surrounding the treatment of children who reside in foster care in this state with psychoactive medications, including informed consent requirements; and (5) for physicians who do not specialize in child psychiatry, clinical pathways that use multidisciplinary plans of care to support the implementation of clinical guidelines and protocols in each stage of a child's treatment. (b) The Department of Family and Protective Services shall study the frequency at which prescriptions for psychoactive medications are written for children in foster care and the efficacy, necessity, and safety of those prescriptions. Not later than October 1, 2006, the department shall report the results of the study to the legislature. The report must include the department's recommendations for improved oversight of the prescription of psychoactive medications for foster children. (c) The executive commissioner of the Health and Human Services Commission shall continue efforts by the commission and the Department of State Health Services to: (1) monitor the administration of psychoactive medications to children who reside in foster care in this state; (2) improve procedures that prevent the inappropriate administration of psychoactive medications to foster children; and (3) improve the management, distribution, and handling of psychoactive medications that are administered to foster children through the state Medicaid program. SECTION 27. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.079 to read as follows: Sec. 531.079. PRACTICE STANDARDS FOR PSYCHOACTIVE MEDICATIONS. The Health and Human Services Commission shall work with associations of medical care providers in this state to assist the associations in developing a set of practice standards relating to the administration of psychoactive medications for children in foster care. The practice standards must be designed to: (1) promote best practices among medical care providers; (2) protect children from potential harm associated with the unnecessary administration of psychoactive medications; and (3) increase the potential for disciplinary actions against medical care providers who engage in improper practices. (b) The Texas State Board of Medical Examiners shall conduct a study of current statutory and other protections in this state for physicians who, based on their medical opinions, refuse to prescribe or dispense psychoactive medications for foster children. Not later than October 1, 2006, the board shall report the results of the study to the legislature. The report must include any proposed statutory changes that the board believes are necessary to further protect physicians from inappropriate influence or pressure by the Department of Family and Protective Services, child-placing agencies, or other entities involved in providing care for foster children. SECTION 28. Section 32.0247, Human Resources Code, is amended by adding Subsection (c-1) to read as follows: (c-1) The Department of Family and Protective Services shall provide information about the availability of medical assistance under this section to each individual who is potentially eligible for benefits and, on request of a potentially eligible individual, provide assistance in applying for those benefits. SECTION 29. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.068 to read as follows: Sec. 32.068. MENTAL HEALTH SERVICES FOR FOSTER CHILDREN. (a) The department shall provide appropriate mental health services, including counseling and other psychotherapeutic options, to children in foster care in this state, in accordance with the relevant professionally established standard of care for the child's mental health condition and taking into consideration: (1) whether, due to the child's exposure to trauma, the child requires trauma-sensitive care; (2) the recommendations of medical and mental health professionals who are responsible for treating the child; and (3) whether any informed consent procedures required by law have been satisfied. (b) The department shall require a child-placing agency, as defined by Section 42.002, that contracts with the state for the care of foster children to provide to the department and the Department of Family and Protective Services detailed reports documenting the mental health services, including psychoactive medications, counseling, and other psychotherapeutic options received by each child under the care of the child-placing agency. (c) The department shall verify the appropriateness of the mental health services provided to each foster child under the state Medicaid program. SECTION 30. Section 40.033, Human Resources Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) The department: (1) shall establish a merit system for full-time department employees who are child protective services specialists in the child protective services division; and (2) may establish a merit system for other department [its] employees. (c) The merit system established under Subsection (a)(1) must include a career progression schedule with an associated schedule of compensation increases that reward child protective services specialists based on years of experience, job performance, and education. SECTION 31. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.071 to read as follows: Sec. 40.071. MONETARY ASSISTANCE FOR CERTAIN SUBSTITUTE CARE. (a) In this section, "relative" means a person related to a child by consanguinity as determined under Section 573.022, Government Code. (b) The commission shall apply for any necessary waivers to allow the department to use funds received under Title IV-E of the federal Social Security Act (42 U.S.C. Section 670 et seq.) to offer monetary assistance to a relative who provides substitute care for a child for whom the department has been appointed managing conservator, but who is not licensed or certified to operate a foster home, foster group home, agency foster home, or agency foster group home under Chapter 42. (c) The executive commissioner shall adopt rules for offering monetary assistance to a relative as authorized by a waiver approved under this section. The rules may provide that the department may offer the assistance only in cases of financial need or other hardship. SECTION 32. Chapter 40, Human Resources Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. CHILD PROTECTIVE SERVICES
Sec. 40.151. DEFINITIONS. In this subchapter: (1) "Caseworker" means a full-time division employee who is a child protective services specialist. (2) "Division" means the child protective services division of the department. (3) "Local office" means a local child protective services office. Sec. 40.152. GENERAL STANDARDS RELATING TO CHILD PROTECTIVE SERVICES. In performing its duties relating to protective services for children, the department shall: (1) maintain a commitment to: (A) a culture of openness that stresses cooperation and encourages expression of opposing viewpoints; and (B) a system that ensures accountability of department employees at all levels of the department for failure to follow department procedures; (2) include a focus on the department's commitment to openness and accountability described in Subdivision (1) in training provided to new employees and existing employees; and (3) demonstrate responsiveness to the community by focusing on community integration and community partnerships, with a priority given to partnerships with the private childcare sector. Sec. 40.153. BLUE RIBBON CHILD ABUSE PREVENTION TASK FORCES. (a) The department shall seek to establish a blue ribbon child abuse prevention task force in each county in which a collaborative community approach to prevention of child abuse has not been established. (b) The department shall encourage the participation of the following individuals in each blue ribbon child abuse prevention task force: (1) state and local elected officials who serve the community; (2) county and city law enforcement representatives; (3) health officials; (4) community leaders; (5) local representatives of advocacy organizations with expertise in the area of child abuse prevention; and (6) any other appropriate individuals, as necessary to ensure that the task force can address local child abuse prevention in a comprehensive manner. (c) The primary function of a blue ribbon child abuse prevention task force is to serve as a forum for designing local initiatives regarding child abuse prevention that are appropriate for the specific needs of the community involved. (d) In seeking to establish blue ribbon child abuse prevention task forces under this section, the department shall consider as a model the Blue Ribbon Child Abuse Prevention Task Force established in Bexar County. Sec. 40.154. PERSONNEL: CHILD PROTECTIVE SERVICES. (a) Each local office shall: (1) monitor turnover and vacancy rates with respect to caseworkers in the local office; and (2) periodically determine average caseloads of caseworkers in the local office and address any imbalances among caseworkers with respect to those caseloads. (b) To the extent funds are available, a supervisor in a local office may: (1) notwithstanding any other law, temporarily exceed the maximum number of employees authorized for the local office by hiring trainees in anticipation of vacancies in critical employment positions to avoid: (A) staffing shortages and consequent high average caseloads; and (B) a negative impact on the quality of casework; and (2) address anticipated staffing shortages in critical employment positions using other methods authorized by the department. (c) The department may authorize a local office to address staffing shortages in critical employment positions using methods not otherwise authorized under the office's ordinary operating practices, to the extent funds are available. (d) The department shall review the department's hiring policies and revise the policies as necessary to ensure that they do not conflict with this section. Sec. 40.155. PERSONNEL: CHILD PROTECTIVE SERVICES SPECIAL INVESTIGATORS. (a) The department shall employ persons to serve as special investigators in the division to: (1) assist caseworkers in investigating reports of abuse or neglect under Chapter 261, Family Code, that may lead to prosecution, and in locating children and their family members; and (2) improve cooperation and communication between the division and law enforcement agencies. (b) To serve as a special investigator, a person must have: (1) experience in law enforcement; or (2) other training in law enforcement investigative protocols and techniques. Sec. 40.156. CASEWORKER TRAINING. (a) The division shall develop a program under which the department trains one caseworker from a local office who will serve as the training provider for other caseworkers at that office. The department shall design the program so that, in comparison to the training method used before implementation of the program: (1) caseworkers receive more frequent training at a lower cost; and (2) the amount of time caseworkers spend traveling to attend training sessions is reduced. (b) Each caseworker is required to complete at least 12 hours of continuing education each calendar year. The department shall determine the training and continuing education programs that a caseworker must complete to satisfy the continuing education requirement. (c) The division shall: (1) develop a centralized system to track compliance with training requirements; (2) monitor and document compliance with the training required by Subsection (b) in a caseworker's annual performance evaluation conducted under Section 40.032(c); (3) determine an on-the-job training equivalent for each hour of required classroom training and develop a system for crediting that on-the-job training as classroom training; (4) include in all caseworker training curriculum training on conflict resolution skills; and (5) revise training programs for new caseworkers to include: (A) on-the-job training and mentoring by experienced caseworkers, if possible; and (B) training sessions provided by attorneys ad litem, local prosecutors, and judges regarding the legal system. (d) The department shall develop Internet-based, video, and teleconferencing training modules for caseworkers that facilitate access to training. Sec. 40.157. CASEWORKER CERTIFICATION REQUIREMENTS. (a) The department shall develop a certification program, including certification criteria, for each area of specialization within the division. Department training providers shall operate the certification program. (b) The department shall: (1) require each caseworker to obtain certification in the caseworker's area of specialization; and (2) periodically document the skills and knowledge of each caseworker within the caseworker's area of specialization. Sec. 40.158. CASEWORKER CROSS-TRAINING. The division shall institute training programs that, notwithstanding Section 40.0525, will enable caseworkers to provide multiple types of services in a case, including case management services for both the child and parents, in order to: (1) reduce the need to assign multiple caseworkers to the case; (2) increase efficiency in the case; and (3) improve communication and coordination in the case. Sec. 40.159. SUPERVISOR TRAINING. The division shall design and implement management development activities for new division supervisors and other management staff that are based in part on the needs of caseworkers, as determined through direct, in-person communications with those caseworkers. Sec. 40.160. CASELOAD LIMITATIONS. (a) Notwithstanding Section 531.048(d), Government Code, the department, subject to the availability of funds, shall ensure that the average caseload for a caseworker does not exceed the most recent maximum caseload recommended by the Child Welfare League of America. (b) The department shall ensure that, during the first 12 months of a caseworker's employment in that capacity, the caseworker is assigned fewer than the number of cases that represents the average caseload assignment for caseworkers with more than one year of casework experience. Sec. 40.161. ACCESS TO INVESTIGATION RESOURCES. The department shall develop and implement a process that allows caseworkers to obtain, in a timely manner and subject to availability of funds, all necessary resources to adequately investigate cases. The process must be designed to allow caseworkers to easily make verifiable case-related expenditures and to receive guaranteed reimbursement from the department if the caseworker uses the caseworker's money to make such an expenditure. Sec. 40.162. LIMITING REASSIGNMENT OF SERVICE PROVIDERS. The department shall ensure that, in all aspects of the child protective services system, reasonable efforts are made to limit the reassignment of persons providing services in a case, including caseworkers, supervisors, attorneys, therapists, medical personnel, and members of a multidisciplinary team under Section 40.0524, to maintain consistency in those services. Sec. 40.163. INTRADIVISION COMMUNICATIONS. The division shall implement formal and informal processes by which mid-level division managers increase in-person interactions and other forms of communications with caseworkers and their supervisors to: (1) enable caseworkers and supervisors to communicate problems and issues to those managers; (2) enable those managers to find solutions to caseworkers' and supervisors' problems and issues and become more involved in daily operations; and (3) improve coordination between those managers, caseworkers, and supervisors. Sec. 40.164. DATA COLLECTION AND ANALYSIS; ACTION REQUIRED ON CERTAIN TRENDS IN CASELOADS OR EMPLOYEE TURNOVER. (a) The division shall maintain a system for collecting and analyzing non-investigative case trends, current caseloads, and caseload forecasts to enable the division to more accurately plan for division staffing needs and the need for additional protective services providers. (b) If, at any time, the division determines from the analysis under Subsection (a) that the division's overall caseload substantially exceeds the caseload that was projected for purposes of appropriating state funds for the division, the division shall: (1) report that determination to the commission; and (2) request financial or operational assistance from the commission, as appropriate. (c) The division shall periodically review data regarding employee turnover rates in the division. If that data reveals high turnover rates, the division shall: (1) determine whether the management practices of one or more division supervisors are contributing to high turnover rates; and (2) take action to hold supervisors identified under Subdivision (1) accountable for their management practices. Sec. 40.165. ADMINISTRATIVE AND OTHER SUPPORT FOR LEGAL SERVICES UNIT. In consultation with local prosecutors' offices, division managers shall evaluate the workload of employees in the legal services unit of the division and make any adjustments necessary to ensure that those employees can properly perform their duties and meet their performance goals. Sec. 40.166. LOCAL OFFICE COMPLIANCE WITH STATEWIDE CASEWORK REQUIREMENTS. (a) The department shall examine all requirements and standards applicable to child protective services casework that are imposed in each local office and, except as provided by Subsection (b), ensure that the requirements and standards conform to applicable laws and to the department's rules and policies. (b) If the department discovers a deviation in the requirements and standards imposed in a local office from the department's rules and policies, the department shall ensure that the deviation has been approved by a division manager. Sec. 40.167. OUTREACH TO CERTAIN CONTRACTORS. The department shall promote an effective working relationship between the division and community-based nonprofit agencies providing services to children under contract with the department by: (1) maintaining a current systematic service plan that clearly indicates the department's requirements in a manner that facilitates the ability of those agencies to adjust operations as necessary to comply with department requirements; (2) scheduling periodic meetings of regional and local division personnel and representatives of those agencies for sharing quality improvement information, discussing current trends and future needs, and addressing any particular obstacles in providing services; (3) distributing a newsletter or electronic publication to those agencies with articles relevant to the services provided by those agencies, such as articles relating to licensing violation trends, new interpretations of standards and licensing requirements, and grant opportunities; (4) notifying each of those agencies of all upcoming grant or program opportunities, in contrast to a single source procurement system in which notice of an opportunity is provided only to selected agencies; and (5) supporting joint training opportunities for representatives of those agencies and division caseworkers in appropriate circumstances. Sec. 40.168. PERIODIC EVALUATION OF CHILD PROTECTIVE SERVICES PROVIDERS. The division shall establish a method by which child protective services providers with which the department contracts are periodically evaluated by caseworkers and other persons having knowledge of the quality and usefulness of the providers' services, including local prosecutors, child-advocate volunteers, and attorneys ad litem. The evaluations must include information regarding whether the providers offer services at times and locations that are convenient to persons receiving the services. SECTION 33. COMMUNITY RELATIONS. The Department of Family and Protective Services shall take strong and definite steps to repair the relationship of the department's child protective services division with the community, and shall continue the division's recent efforts to direct the division's focus on achieving community integration, forming community partnerships, and improving responsiveness to the community. The department shall give a priority to developing and using opportunities for new and creative partnerships with the private childcare sector. SECTION 34. RELATIONS WITH CHILD WELFARE BOARDS. The Department of Family and Protective Services, acting through the department's child protective services division, and county child welfare boards created under Section 264.005, Family Code, shall continue their efforts to develop an open and mutually satisfactory and supportive working relationship. In continuing those efforts, department employees should: (1) view the county child welfare boards, the county commissioners courts, and other county offices, as valuable resources and primary links to the community; (2) be proactive in sharing relevant and meaningful information with the county child welfare boards; and (3) develop and foster the understanding that county child welfare boards are partners with the department in the state system for protecting children and have specific statutory responsibilities relating to the protection of children. SECTION 35. PRIVATIZATION OF CHILD PROTECTIVE SERVICES. (a) The Health and Human Services Commission shall conduct a study to identify functions of the child protective services division of the Department of Family and Protective Services that, if performed by a private person or entity under a contract with the department, would result in improving the welfare of children receiving services from the department or in other benefits to the department. (b) If the commission determines that contracting with a private person or entity to perform certain functions described by Subsection (a) of this section would be beneficial, the commission may implement privatization of those functions through pilot programs of limited duration and, if appropriate based on the results of the pilot programs, privatize those functions statewide within reasonable time frames. (c) The commission shall: (1) ensure that the process for privatizing functions under Subsection (b) of this section, regardless of whether through a pilot program or on a statewide basis, and for monitoring that privatization includes rigorous accountability and oversight mechanisms; (2) ensure that any contract entered into under Subsection (b) of this section contains the provisions required under Section 40.058(b), Human Resources Code, and is subject to the performance monitoring standards under Section 40.058(c), Human Resources Code; (3) develop adequate contingency plans that allow for emergency takeovers of privatized functions if there is a disruption in the services provided by the contracted person or entity; and (4) provide opportunities for any interested parties to comment and otherwise have input in all stages of the process for privatizing functions under Subsection (b) of this section. SECTION 36. CENTRALIZATION OF CHILD PLACEMENT FUNCTIONS. The child protective services division of the Department of Family and Protective Services shall review the division's policies with respect to and procedures used in locating and placing children in emergency shelters and substitute care. The division shall determine whether centralizing responsibility for those functions in one entity would result in efficiency gains in the child protective services system. SECTION 37. ASSIGNMENT OF CHILD PROTECTIVE SERVICES UNITS TO GEOGRAPHIC AREA. (a) The child protective services division of the Department of Family and Protective Services shall analyze the potential efficiency gains of assigning child protective services units to serve specific geographic areas. The division shall consider whether assignment of a unit as described by this subsection would: (1) allow caseworkers within the unit to support each other in performing their duties; and (2) create efficiencies in the allocation of scarce resources within the unit without negatively impacting child safety or other aspects of casework. (b) Regardless of whether the division determines that assignment of child protective services units to serve specific geographic areas would result in efficiency gains, the division shall emphasize to caseworkers in the division the importance of assigning a specific caseworker to a specific geographic area to improve the caseworker's: (1) relationships with families and community partners in that area; and (2) knowledge regarding local law enforcement and resources available in that area. SECTION 38. MOBILE CHILD PROTECTIVE SERVICES UNIT. (a) The Department of Family and Protective Services shall study the feasibility and potential benefits of establishing a mobile child protective services unit composed of caseworkers. For each case in which a child is placed in substitute care in a rural area or outside of the county in which the home from which the child was removed is located: (1) the case would be reassigned to a caseworker in the unit; and (2) the caseworker to whom the case is reassigned would conduct child-caseworker visits and other continuing casework in the case. (b) In determining the potential benefits of establishing a mobile child protective services unit, the department shall consider the positive impact the reassignment of cases to the unit would have on the workload and efficiency of caseworkers from whom the cases would be transferred. (c) If the department determines that a mobile child protective services unit is feasible and would be beneficial, the department shall establish the unit as soon as possible. SECTION 39. FACILITATION OF PAYMENT OF CHILD PROTECTIVE SERVICES PROVIDERS. The Department of Family and Protective Services shall study the department's preapproval requirements for payment of child protective services providers and determine whether another process could facilitate the expeditious procurement of those services while maintaining fiscal accountability. Not later than January 1, 2006, the department shall complete the study. If the department determines from the study that another process could accomplish the goals specified by this section, the department shall implement that process as soon as possible. SECTION 40. SALARY REVIEW; EQUALIZATION. (a) The Department of Family and Protective Services shall: (1) conduct a salary review of employees of the legal services unit of the child protective services division for each county; and (2) determine whether, between counties, employment positions that have the same or similar job descriptions, qualifications, and requirements are assigned to different pay grades, resulting in salary differentials for employees who perform the same or similar employment functions. (b) If the department determines that salary differentials described by Subsection (a)(2) of this section exist in one or more counties, the department shall report the results of the study conducted under this section to the executive commissioner of the Health and Human Services Commission. On receipt of the report, the executive commissioner shall review the report and take appropriate action to ensure equitable compensation of employees across the state who perform the same or similar employment functions. SECTION 41. INTERNSHIP PROGRAMS. The Department of Family and Protective Services shall actively explore and, if feasible, seek to establish internship programs with institutions of higher education, as defined by Section 61.003, Education Code, to increase the number of qualified applicants for employment positions as caseworkers with the child protective services division of the department. SECTION 42. TRAINING REGARDING LEGISLATIVE CHANGES. The child protective services division of the Department of Family and Protective Services shall institute training workshops to inform division staff members of changes made to division policies and procedures by the 79th Legislature. SECTION 43. ASSISTANCE FROM COURTS AND COUNTIES. The county attorney or criminal district attorney in each county and each local administrative district judge shall: (1) review the administration of child protective service cases in that person's county; and (2) reallocate resources and take other administrative actions necessary to efficiently and effectively manage the child protective service cases on the docket. SECTION 44. STUDY OF COMMUNITY-BASED PREVENTION AND EARLY INTERVENTION PROGRAMS. The Department of Family and Protective Services shall study the effectiveness of its current community-based prevention and early intervention programs. Not later than December 31, 2006, the department shall report the results of the study to the lieutenant governor, the speaker of the house of representatives, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the department. The report must include recommendations for legislation to improve the effectiveness of community-based prevention and early intervention programs. SECTION 45. ADOPTION OF CERTAIN POLICIES BY DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) The Department of Family and Protective Services shall improve the performance of duties related to child protective services by adopting policies that reflect the following guidelines: (1) the department may not require a caseworker supervisor to attend a court hearing that is also being attended by the appropriate caseworker unless the hearing involves a matter of such complexity that the supervisor's attendance is necessary for the proper and efficient operation of the department's duties; (2) with regard to a child for whom the department has been named temporary managing conservator and who is subject to the deadlines provided by Section 263.401, Family Code, the department may not open a new case with regard to the child or extend the time in which the child is in the care of the department, except as provided by Subchapter E, Chapter 263, Family Code; and (3) with regard to children in emergency shelters, the department shall adopt policies designed to reduce the trauma and disruption experienced by those children, including policies that balance limiting the amount of time a child can stay in an emergency shelter with ensuring that the child does not have to move from shelter to shelter and will not be separated from the child's siblings. (b) The executive commissioner of health and human services shall adopt rules as necessary to implement the guidelines provided by Subsection (a) of this section. SECTION 46. This Act takes effect September 1, 2005.