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.