79R1984 UM-D

By:  Nelson                                                       S.B. No. 6  


A BILL TO BE ENTITLED
AN ACT
relating to protective services; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHILD PROTECTIVE SERVICES
SECTION 1.01. Subchapter A, Chapter 107, Family Code, is amended by adding Section 107.0045 to read as follows: Sec. 107.0045. DISCIPLINE OF ATTORNEY AD LITEM. An attorney ad litem who fails to perform the duties required by Sections 107.003 and 107.004 is subject to disciplinary action under Subchapter E, Chapter 81, Government Code. SECTION 1.02. Section 261.001, Family Code, is amended by amending Subdivision (2) and adding Subdivision (9) to read as follows: (2) "Department" means the Department of Family and Protective [and Regulatory] Services. (9) "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code. SECTION 1.03. Section 261.002, Family Code, is amended by adding Subsection (c) to read as follows: (c) The department shall enter into agreements with other states to allow for the exchange of reports of child abuse and neglect in other states' central registry systems. The department shall use information obtained under this subsection in performing the background checks required under Section 42.056, Human Resources Code. The department shall cooperate with federal agencies and shall provide information and reports of child abuse and neglect to the appropriate federal agency that maintains the national registry for child abuse and neglect, if a national registry exists. SECTION 1.04. (a) Section 261.107(a), Family Code, is amended to read as follows: (a) A person commits an offense if the person knowingly or intentionally makes a report as provided in this chapter that the person knows is false or lacks factual foundation. An offense under this section is a state jail felony [Class A misdemeanor] unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a [state jail] felony of the third degree. (b) The change in law made by this section to Section 261.107(a), Family Code, applies only to an offense committed on or after the effective date of this section. An offense committed before the effective date of this section is covered by Section 261.107, Family Code, as it existed on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the effective date of this section if any element of the offense occurs before that date. SECTION 1.05. (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 1.06. 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 1.07. (a) Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3031 to read as follows: Sec. 261.3031. FAILURE TO COOPERATE WITH INVESTIGATION; CAPIAS. (a) If a person subject to a court order under Section 261.303 is shown to have failed to comply with the order, the court shall issue a capias for the arrest of the person. (b) Law enforcement officials shall treat the capias in the same manner as an arrest warrant for a criminal offense and shall enter the capias in the computer records for outstanding warrants maintained by the local police, sheriff, and Department of Public Safety. The capias shall be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center. (c) If the person is taken into custody, the law enforcement officer shall: (1) obtain information on the location of the person and the child who is the subject of the investigation of a report of child abuse or neglect; and (2) forward that information to the department or designated agency. (b) The change in law made by Section 261.3031, Family Code, as added by this section, applies only to a person who is the subject of a court order rendered under Section 261.303, Family Code, on or after the effective date of this section. A person who is the subject of an order rendered before that date is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose. SECTION 1.08. 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 1.09. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3126 to read as follows: Sec. 261.3126. COLOCATION OF INVESTIGATORS. (a) In each county with a population of 75,000 or more, 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 colocation 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 with a population of 75,000 or more 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 1.10. Subchapter E, Chapter 261, Family Code, is amended by adding Section 261.410 to read as follows: Sec. 261.410. REPORT OF ABUSE BY OTHER CHILDREN. (a) In this section: (1) "Physical abuse" means: (A) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; or (B) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child. (2) "Sexual abuse" means: (A) sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code; (B) failure to make a reasonable effort to prevent sexual conduct harmful to a child; (C) compelling or encouraging a child to engage in sexual conduct as defined by Section 43.01, Penal Code; (D) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of a child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic; or (E) causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code. (b) The department shall require a residential child-care facility to report each incident of physical or sexual abuse committed by a child against another child. (c) Using information received under Subsection (a), the department shall compile a report that includes information: (1) regarding the number of cases of physical and sexual abuse committed by a child against another child; (2) identifying the residential child-care facility; (3) regarding the date each allegation of abuse was made; (4) regarding the date each investigation was started and concluded; (5) regarding the findings and results of each investigation; and (6) regarding the number of children involved in each incident investigated. SECTION 1.11. Subchapter C, Chapter 262, Family Code, is amended by adding Section 262.206 to read as follows: Sec. 262.206. DESIGNATING PERSON TO CONSENT TO CERTAIN TREATMENT. An order appointing the department as the temporary managing conservator of a child must include the name of the individual who has the right to consent to: (1) medical, dental, and surgical treatment involving invasive procedures for the child; and (2) psychiatric and psychological treatment for the child. SECTION 1.12. (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 1.13. Section 263.202, Family Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows: (b) Except as provided by Subsection (e), a [A] status hearing shall be limited to matters related to the contents and execution of the service plan filed with the court. The court shall review the service plan that the department or other agency filed under this chapter for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether: (1) a plan that has the goal of returning the child to the child's parents adequately ensures that reasonable efforts are made to enable the child's parents to provide a safe environment for the child; and (2) the child's parents have reviewed and understand the service plan and have been advised that unless the parents are willing and able to provide the child with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, the parents' parental and custodial duties and rights may be subject to restriction or to termination under this code or the child may not be returned to the parents. (e) At the status hearing, the court shall make a finding as to whether the court has identified the individual who has the right to consent for the child under Section 262.206. SECTION 1.14. Section 263.401(b), Family Code, is amended to read as follows: (b) The court may not retain jurisdiction of the suit after the time described by Subsection (a) 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. SECTION 1.15. Section 263.502(c), Family Code, is amended to read as follows: (c) The placement review report must: (1) evaluate whether the child's current placement is appropriate for meeting the child's needs; (2) evaluate whether efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care; (3) identify the services that are needed to assist a child who is at least 16 years of age in making the transition from substitute care to independent living if the services are available in the community; (4) evaluate whether the child's current educational placement is appropriate for meeting the child's academic needs; (5) identify other plans or services that are needed to meet the child's special needs or circumstances; and (6) [(5)] describe the efforts of the department or authorized agency to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption. SECTION 1.16. Section 264.001, Family Code, is amended to read as follows: Sec. 264.001. DEFINITIONS [DEFINITION]. In this chapter: (1) "Department"[, "department"] means the Department of Family and Protective [and Regulatory] Services. (2) "Commission" means the Health and Human Services Commission. (3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (4) "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code. SECTION 1.17. Subchapter A, Chapter 264, Family Code, is amended by adding Section 264.013 to read as follows: Sec. 264.013. TRAINING ON MENTAL HEALTH ISSUES. (a) The department shall provide training related to children's mental health issues to: (1) department caseworkers whose clients are children; (2) foster parents; (3) family court judges; and (4) parents in the process of reunification with their children. (b) The training provided under this section must include information regarding: (1) general mental health issues; (2) signs and symptoms of mental health problems; (3) the risks and benefits of different types of treatment, including medications; (4) the availability of mental health services available in the community; (5) Medicaid coverage for mental health services; and (6) how to raise questions or complaints about the mental health treatment that is available to children in foster care or that a foster child is receiving. (c) The department shall work with stakeholder groups to create training programs required by this section. SECTION 1.18. Section 264.101, Family Code, is amended by adding Subsection (d-1) to read as follows: (d-1) The executive commissioner may adopt rules that prescribe the maximum amount of state money that a residential child-care facility may spend on nondirect residential services, including administrative services. The commission shall recover the money that exceeds the maximum amount established under this subsection. SECTION 1.19. (a) Section 264.106, Family Code, is amended to read as follows: Sec. 264.106. REQUIRED CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES. (a) In this section: (1) "Case management services" includes caseworker-child visits. (2) "Substitute care provider" means a child-care institution or child-placing agency, as defined by Section 42.002, Human Resources Code. (3) "Substitute care services" means services provided to or for children in substitute care, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation and processing of adoptions. The term does not include case management services. (b) The department shall: (1) assess the need for substitute care services throughout the state for children for whom the department has been appointed temporary or permanent managing conservator; and (2) contract with substitute care providers [only to the extent necessary to meet the need] for the [those] services described by Subdivision (1). [(b) Before contracting with a substitute care provider, the department shall determine whether: [(1) community resources are available to support children placed under the provider's care; and [(2) the appropriate public school district has sufficient resources to support children placed under the provider's care if the children will attend public school.] (c) In addition to contracts required by Subsection (b), the department shall contract with substitute care providers to provide case management services for children in substitute care for whom the department has been appointed permanent managing conservator. (d) The department shall: (1) monitor the quality of services for which the department contracts under this section; and (2) ensure that the services are provided in accordance with federal law and the laws of this state, including department rules and rules of the Department of State Health Services and the Texas Commission on Environmental Quality. (e) In addition to the requirements of Section 40.058(b), Human Resources Code, a contract with a substitute care provider must include provisions that: (1) enable the department to monitor the effectiveness of the provider's services; [and] (2) specify performance criteria; and (3) authorize the department to terminate the contract or impose sanctions for a violation of a provision of the contract that specifies performance criteria. (f) The department must include caseworker-child visits in the performance criteria under Subsection (e)(2) in a contract required by Subsection (c). The department shall establish guidelines and documentation requirements for those visits. (g) [(d)] In determining whether to contract with a substitute care provider, the department shall consider the provider's performance under any previous contract for substitute care services or case management services between the department and the provider. (h) A contract under this section does not affect the rights and duties of the department in the department's capacity as the temporary or permanent managing conservator of a child. (i) Notwithstanding any other law, on and after September 1, 2008, the department may not directly provide: (1) substitute care services for children for whom the department has been appointed temporary or permanent managing conservator; or (2) case management services for children in substitute care for whom the department has been appointed permanent managing conservator. [(e) In this section, "substitute care provider" means a person who provides residential care for children for 24 hours a day, including: [(1) a child-care institution, as defined by Section 42.002, Human Resources Code; [(2) a child-placing agency, as defined by Section 42.002, Human Resources Code; [(3) a foster group home or foster family home, as defined by Section 42.002, Human Resources Code; and [(4) an agency group home or agency home, as defined by Section 42.002, Human Resources Code, other than an agency group home, agency home, or a foster home verified or certified by the department.] (b) The executive commissioner of the Health and Human Services Commission shall adopt a substitute care and case management services transition plan and rules to implement Section 264.106, Family Code, as amended by this section. The transition plan must provide that: (1) as soon as possible after September 1, 2005, the Department of Family and Protective Services shall begin implementing Section 264.106, Family Code, as amended by this section; and (2) on and after September 1, 2008: (A) all substitute care services, as defined by Section 264.106(a), Family Code, as amended by this Act, for children for whom the department has been appointed temporary or permanent managing conservator and all case management services, including caseworker-child visits, for children for whom the department has been appointed permanent managing conservator must be provided by child-care institutions and child-placing agencies with which the department contracts; and (B) notwithstanding any other law, the department may not directly provide those services. (c) The change in law made by Section 264.106, Family Code, as amended by this section, applies only to a contract for substitute care services or case management services that is entered into or renewed on or after the effective date of this section. A contract that is entered into or renewed before the effective date of this section is governed by the law in effect on the date the contract was entered into or renewed, and the former law is continued in effect for that purpose. SECTION 1.20. SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES TRANSITION TASK FORCE. (a) The substitute care and case management services transition task force shall: (1) review the substitute care and case management services transition plan and rules adopted by the executive commissioner of the Health and Human Services Commission under this Act; (2) monitor the implementation of Section 264.106, Family Code, as amended by this Act, by the Department of Family and Protective Services; and (3) make recommendations to the department to facilitate the implementation of Section 264.106, Family Code, as amended by this Act. (b) The task force is composed of three members, appointed as follows: (1) one member appointed by the lieutenant governor; (2) one member appointed by the speaker of the house of representatives; and (3) one member appointed by the comptroller. (c) The member appointed under Subsection (b)(3) of this section serves as the presiding officer. (d) The task force shall meet at least monthly. (e) Not later than the 31st day after the date the Department of Family and Protective Services receives a recommendation under Subsection (a)(3) of this section, the department shall implement the recommendation or, if necessary, the executive commissioner of the Health and Human Services Commission shall initiate rulemaking procedures to adopt rules to implement the recommendation. (f) At least quarterly, the task force shall submit a report to the lieutenant governor, the speaker of the house of representatives, and the Legislative Budget Board regarding the status of the implementation of Section 264.106, Family Code, as amended by this Act. (g) This section expires and the task force is abolished August 31, 2008. SECTION 1.21. Section 264.1075, Family Code, is amended to read as follows: Sec. 264.1075. ASSESSING THE NEEDS OF A CHILD [USE OF ASSESSMENT SERVICES]. (a) As soon as possible after a child begins receiving foster care under this subchapter, the department shall assess whether the child has a developmental disability or mental retardation. The commission shall establish the procedures that the department must use in making an assessment under this subsection. The procedures may include screening or participation by: (1) a private person experienced in the developmental disabilities or mental retardation of children; or (2) a local mental retardation authority. (b) Before placing a child in substitute care, the department shall use assessment services provided by a child-care facility or child-placing agency in accordance with Section 42.0425, Human Resources Code, to determine the appropriate substitute care for the child. SECTION 1.22. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1076 to read as follows: Sec. 264.1076. FOSTER CARE DEVELOPMENTAL DISABILITIES ADVISORY COMMITTEE. (a) The Foster Care Developmental Disabilities Advisory Committee shall advise the department on issues relating to the care of foster children with developmental disabilities or mental retardation, including effective methods for: (1) minimizing the number of foster children placed in institutions and maximizing the number of foster children receiving community-based care; (2) training and supporting persons who provide foster care in a residential setting on issues relating to the particular needs of children with developmental disabilities or mental retardation; (3) training employees of the department to promptly identify foster children with developmental disabilities or mental retardation; (4) monitoring the care provided in residential settings to foster children with developmental disabilities or mental retardation; (5) recruiting individuals to provide foster care in a residential setting to children with developmental disabilities or mental retardation; and (6) contracting with persons to care for foster children with developmental disabilities or mental retardation. (b) The executive commissioner shall determine the number of persons who serve on the committee. (c) The executive commissioner shall appoint the members of the committee and determine each member's length of service. In making appointments to the committee, the executive commissioner shall attempt to include: (1) representatives of the commission and other relevant state agencies; (2) providers of services to persons with developmental disabilities or mental retardation; (3) persons who formerly received care under this subchapter as foster children; (4) persons with expertise about developmental disabilities or mental retardation; (5) persons who advocate for the rights of children with developmental disabilities or mental retardation; and (6) persons related to children with developmental disabilities or mental retardation. (d) Chapter 2110, Government Code, does not apply to the committee. (e) The commission or the department may pay any expenses incurred by the committee. SECTION 1.23. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1095 to read as follows: Sec. 264.1095. CHILD SUPPORT. Unless the department has been assigned support rights under Section 264.109, the department shall file suit for child support under Section 154.001(b) for a child for whom the department has been named temporary managing conservator. SECTION 1.24. (a) Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.116 to read as follows: Sec. 264.116. TEXAS FOSTER GRANDPARENTS PROGRAM. (a) The department shall work with volunteer and advocacy organizations from the community to develop and implement a statewide foster grandparents program that: (1) recruits volunteers who are senior citizens; and (2) encourages the volunteers to serve as mentors to children who reside in a residential child-care facility. (b) From funds available for that purpose, the department may reimburse volunteers for actual and necessary expenses incurred while participating in the program, including travel expenses. The executive commissioner by rule shall develop guidelines for the reimbursement of expenses under the program. (c) A volunteer who participates in the program is subject to state and national criminal background checks in accordance with Sections 411.087 and 411.114, Government Code. (d) The department shall require foster parents or employees of residential child-care facilities to provide appropriate supervision over volunteers during their participation in the program. (e) The program is subject to Chapter 2109, Government Code. (b) The Department of Family and Protective Services shall implement the statewide foster grandparents program required by Section 264.116, Family Code, as added by this section, not later than June 1, 2006. SECTION 1.25. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.117 to read as follows: Sec. 264.117. MEDICAL PASSPORT. (a) The department shall develop a medical passport for each foster child. The department shall determine the format of the passport. The passport may be maintained in an electronic format. The medical passport must include: (1) the name and addresses of the child's health care and educational providers; (2) the child's grade level performance; (3) an immunization record; (4) a list of the child's known medical problems; (5) information on all medications prescribed to the child; and (6) any other medical or educational history that the department determines is important. (b) The child or the child's caretaker shall present the passport during each physician or therapist visit to ensure that the physician or therapist has a complete record of the child's medical treatment. (c) The passport shall be part of the department's record for the child as long as the child remains in foster care. The passport shall remain with the child as the child changes placements, physicians, or therapists. (d) The department shall develop a procedure for maintaining and updating medical passports. (e) The department shall work with stakeholder groups to create the medical passport. SECTION 1.26. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.118 to read as follows: Sec. 264.118. PREPARATION FOR ADULT LIVING PROGRAM. (a) The department shall enter into cooperative agreements with the Texas Workforce Commission and local workforce development boards to facilitate the effectiveness of the Preparation for Adult Living Program operated by the department. The department, the Texas Workforce Commission, and the local boards shall maintain one-stop centers for foster care children to obtain services under the program. (b) The department may enter into an agreement with any private person to facilitate the effectiveness of the program, including maintenance of the one-stop centers described in Subsection (a). SECTION 1.27. 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 1.28. Chapter 264, Family Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. PRESCRIPTION OF PSYCHOTROPIC DRUGS TO FOSTER CHILDREN
Sec. 264.751. DEFINITION. In this subchapter, "psychotropic drug" means a drug that acts primarily on the central nervous system and that is used primarily or adjunctively in the treatment of mental or neurological disorders. Sec. 264.752. INFORMED CONSENT TO PRESCRIPTION OF PSYCHOTROPIC DRUGS. (a) Except as otherwise provided by this section, a physician may prescribe a psychotropic drug to a child in foster care only if the person designated by the court under Section 262.206 as the person who has authority to consent to medical treatment for the child consents to the prescription. (b) A psychotropic drug may not be prescribed to a child in foster care who is younger than six years of age unless the court approves the use of psychotropic drugs for the child. For the purpose of this section, it is a rebuttable presumption that psychotropic medication is inappropriate for a child in foster care who is younger than six years of age. (c) A psychotropic drug may not be prescribed to a child in foster care who is 16 years of age or older unless the child consents to the use of the psychotropic drug. If the child refuses to consent, a psychotropic drug may be prescribed for the child only if the court approves the use of the psychotropic drug. (d) Before starting any prescribed psychotropic drug, a foster child and the child's caretakers shall be provided information on the drug in accordance with the guidelines of the American Academy of Child and Adolescent Psychiatry, including: (1) the name of the drug and whether it is known by other names; (2) what is known about the drug's helpfulness with other children who have a similar condition; (3) how the drug will help the child; (4) how long it will take before the child's condition begins to improve; (5) how long it will take for the drug to be fully effective; (6) the side effects that commonly occur with the drug; (7) the rare or serious side effects, if any, that may occur with the drug; (8) whether the drug is addictive and whether it can be abused; (9) the drug's recommended dosage and how often it will be taken; (10) whether there are laboratory tests, such as heart tests and blood tests, that need to be administered before the child begins taking the drug or while the child is taking the drug; (11) whether a child or adolescent psychiatrist will be monitoring the child's response to the drug and making dosage changes if necessary; (12) how often the child's progress will be checked and by whom; (13) other medications or foods the child should avoid while taking the medication; (14) whether there are interactions between the drug and other prescription or over-the-counter medications that the child is taking; (15) activities that the child should avoid while taking the drug and precautions recommended for other activities; (16) how long the child will need to take the drug and how the decision to stop administering the drug will be made; (17) what to do if a problem develops, such as the child becoming ill, missing a dose of the drug, or developing side effects; (18) the cost of the drug, including a comparison of the costs of the generic drug and the brand name drug, if applicable; and (19) whether the child's school nurse should be informed about the drug. Sec. 264.753. REVIEW OF PSYCHOTROPIC DRUG PRESCRIPTION PATTERNS. (a) As part of the drug utilization review program under Section 531.302, Government Code, the commission's office of inspector general annually shall review the psychotropic medication prescribing patterns of psychiatrists and other health care providers. The inspector general shall identify those health care providers who annually write more than the average number of psychotropic drug prescriptions for children in foster care. (b) The commission shall determine the average number of psychotropic drug prescriptions written for children in foster care using Medicaid prescription data for the fiscal year preceding the year in which the office conducts the review. Sec. 264.754. PSYCHOTROPIC DRUG REVIEW TEAMS; OFFENSE. (a) The department shall establish review teams to evaluate the administration of psychotropic drugs to children in foster care. The department may create one or more review teams for each region of the department for child protective services. (b) Review team members are appointed by the governor and serve staggered two-year terms. Members of a review team must be individuals from the region for which the team is established, including: (1) pharmacists or pharmacologists; (2) child and adolescent psychiatrists; (3) primary care physicians or neurologists; (4) representatives of the department; and (5) representatives of foster parents' groups. (c) A review team shall review the records of: (1) each child in foster care receiving: (A) three or more psychotropic drugs; or (B) two or more psychotropic drugs in the same class; and (2) children from a random sampling of children in foster care receiving psychotropic drugs. (d) A review team shall report to the department the results of the team's review. The review team's report may not include confidential information. (e) A member of a review team commits an offense if the member discloses confidential information. An offense under this subsection is a Class C misdemeanor. SECTION 1.29. (a) The Department of Family and Protective Services shall study the level of care system the department uses to determine a child's foster care needs to ascertain whether the system creates incentives for prescribing psychotropic medications to children in foster care. (b) 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 proposed changes to the level of care system. (c) This section expires January 1, 2007. SECTION 1.30. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.078 to read as follows: Sec. 531.078. POOLED FUNDING FOR FOSTER CARE PREVENTIVE SERVICES. (a) The commission and the Department of Family and Protective Services shall develop and implement a plan to combine, to the extent and in the manner allowed by Section 51, Article III, Texas Constitution, and other applicable law, funds of those agencies with funds of other appropriate state agencies and local governmental entities to provide services designed to prevent children from being placed in foster care. The preventive services may include: (1) child and family counseling; (2) instruction in parenting and homemaking skills; (3) parental support services; (4) temporary respite care; and (5) crisis services. (b) The plan must provide for: (1) state funding to be distributed to other state agencies, local governmental entities, or private entities only as specifically directed by the terms of a grant or contract to provide preventive services; (2) procedures to ensure that funds received by the commission by gift, grant, or interagency or interlocal contract from another state agency, a local governmental entity, the federal government, or any other public or private source for purposes of this section are disbursed in accordance with the terms under which the commission received the funds; and (3) a reporting mechanism to ensure appropriate use of funds. (c) For the purposes of this section, the commission may request and accept gifts and grants under the terms of a gift, grant, or contract from a local governmental entity, a private entity, or any other public or private source for use in providing services designed to prevent children from being placed in foster care. If required by the terms of a gift, grant, or contract or by applicable law, the commission shall use the amounts received: (1) from a local governmental entity to provide the services in the geographic area of this state in which the entity is located; and (2) from the federal government or a private entity to provide the services statewide or in a particular geographic area of this state. (b) Not later than November 1, 2006, the Health and Human Services Commission shall provide to the governor and the Legislative Budget Board a report on the status and progress of the preventive services funding plan required by Section 531.078, Government Code, as added by this section. SECTION 1.31. (a) Subchapter C, Chapter 2155, Government Code, is amended by adding Section 2155.1442 to read as follows: Sec. 2155.1442. FOSTER CARE RESIDENTIAL CONTRACT MANAGEMENT. (a) The state auditor shall conduct a management review of the residential contract management employees of the Health and Human Services Commission and the Department of Family and Protective Services and make recommendations regarding the organization of, and skills and educational requirements for, those employees. The state auditor shall also make recommendations regarding the implementation of financial accountability provisions and processes to ensure effective and efficient expenditure of state and other contract funds. The state auditor shall report annually to the governor, the lieutenant governor, the speaker of the house of representatives, and the comptroller on the auditor's recommendations and the commission's and department's implementation of each recommendation. (b) The Health and Human Services Commission, in coordination with the state auditor, shall perform complete on-site financial audits of selected residential contractors as necessary. The state auditor shall select the contractors based on the contract's risk assessment rating, allegations of fraud or misuse of state or other contract funds, or other appropriate audit selection criteria. The state auditor shall include findings from the on-site financial audits in the annual report to the governor and other representatives of the state required by Subsection (a). In addition, the state auditor shall immediately report to the governor and each person listed in Subsection (a) any findings of fraud or other misuse of state or other contract funds. (c) The Department of Family and Protective Services may develop an Internet-based system to enable residential contractors to review their reimbursement accounts or other pertinent financial data and reconcile their accounts. (b) Section 2155.1442, Government Code, as added by this section, applies only to a contract that is entered into or renewed on or after the effective date of this section. A contract entered into or renewed before that date is governed by the law in effect on the date the contract is entered into or renewed, and the former law is continued in effect for that purpose. (c) Not later than December 1, 2005, the state auditor shall complete and publish the management review and report required by Sections 2155.1442(a) and (b), Government Code, as added by this section. (d) Not later than October 1, 2005, the Health and Human Services Commission, in coordination with the state auditor, shall begin the on-site financial reviews of selected contractors required by Section 2155.1442(b), Government Code, as added by this section. SECTION 1.32. (a) Section 32.055, Human Resources Code, is amended to read as follows: Sec. 32.055. CATASTROPHIC CASE MANAGEMENT. (a) In this section, "medically fragile child" means a child who: (1) is under 21 years of age; (2) has a serious, chronic illness or condition that: (A) has continued, or is anticipated to continue, at least 12 months; (B) requires daily hospitalization or has required at least one month of hospitalization; (C) requires ongoing medical treatment and monitoring by appropriately trained personnel, including a parent or other family member; and (D) presents an ongoing threat to the child's well-being; and (3) requires the routine use of a medical device or the use of assistive technology to compensate for the loss of a bodily function necessary to participate in an activity of daily life. (b) The department shall develop and implement a catastrophic case management system to be used in providing medical assistance to persons with catastrophic health problems, including medically fragile children under the conservatorship of the Department of Family and Protective Services who are placed in foster care. (c) [(b)] The system must provide for the assignment of a case manager to a recipient of medical assistance with catastrophic health problems that are likely to: (1) require the services of multiple, specialized health care providers; and (2) result in major medical costs. (d) [(c)] The department shall identify the services to be provided by a case manager assigned under the system. The services must include assessment of the recipient's needs and coordination of all available medical services and payment options. The services may include other support services such as: (1) assistance with making arrangements to receive care from medical facilities; (2) assistance with travel and lodging in connection with receipt of medical care; (3) education of the recipient and the recipient's family members or foster parent, as applicable, regarding the nature of the recipient's health problems; (4) referral to appropriate support groups; and (5) any other service likely to result in better care provided in a cost-effective manner. (e) In implementing the system for medically fragile children, the department shall coordinate with the Department of Family and Protective Services and may contract with children's hospitals or other health care providers to provide case management services to foster children. (f) [(d)] Not later than January 15 of each odd-numbered year, the department shall report to the legislature on the implementation of the system. The report must include a statement of: (1) the number of recipients of medical assistance who received catastrophic case management services under the system during the preceding two years; and (2) the estimated savings under the medical assistance program resulting from implementation of the system during the preceding two years. (b) Not later than January 1, 2006, the Health and Human Services Commission shall implement the catastrophic case management system for medically fragile children required by Section 32.055, Human Resources Code, as amended by this section. SECTION 1.33. The heading to Chapter 40, Human Resources Code, is amended to read as follows:
CHAPTER 40. DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
SECTION 1.34. Section 40.001(3), Human Resources Code, is amended to read as follows: (3) "Department" means the Department of Family and Protective [and Regulatory] Services. SECTION 1.35. Subchapter A, Chapter 40, Human Resources Code, is amended by adding Section 40.009 to read as follows: Sec. 40.009. QUALITY ASSURANCE PROGRAM AND QUARTERLY REPORTS. (a) The department shall develop and implement an independent quality assurance program for child protective services provided by or on behalf of the department. (b) The program must include periodic audits of the completeness and accuracy of investigatory and inspection-related reports prepared or required by the department, including: (1) reports of investigations of child abuse and neglect; (2) reports relating to children placed in foster care; and (3) reports relating to the licensing and inspection of residential child-care facilities. (c) An audit must be conducted in accordance with professional standards and generally recognized sampling techniques. (d) The department shall retain the results of an audit conducted under this section until at least the fifth anniversary of the date the audit is completed. (e) Each quarter the department shall file with the governor and the presiding officer of each house of the legislature a detailed written report assessing the delivery of child protective services and examining the outcomes for children and families served by child protective programs, foster care programs, adoption programs, and other related programs in this state. (f) The report required by Subsection (e) must include: (1) a summary of the audits conducted under this section during the preceding quarter; and (2) a summary of the department's performance during the preceding quarter on the most recent standards used by the federal government to evaluate state child and family services programs with regard to child safety, permanency, and well-being. SECTION 1.36. (a) Subchapter A, Chapter 40, Human Resources Code, is amended by adding Section 40.010 to read as follows: Sec. 40.010. PROTECTIVE SERVICES LEGISLATIVE OVERSIGHT COMMITTEE. (a) The Protective Services Legislative Oversight Committee is created to: (1) facilitate the reformation of powers, duties, functions, programs, and activities of the department; and (2) monitor the effectiveness and efficiency of the services provided by the department. (b) The committee is composed of 14 members as follows: (1) four members of the senate, appointed by the lieutenant governor; (2) four members of the house of representatives, appointed by the speaker of the house of representatives; and (3) six members of the public, appointed by the governor as follows: (A) one member with experience in a child–placing agency; (B) one member with experience in a foster family association; (C) one member with experience in a guardianship program; (D) one member with experience in mental health care; and (E) two members with experience in law enforcement. (c) The commissioner serves as an ex officio member of the committee. (d) A member of the committee serves at the pleasure of the appointing official. (e) The lieutenant governor and the speaker of the house of representatives shall alternate designating a presiding officer for a term of one year from among their respective appointments. (f) A member of the committee may not receive compensation for serving on the committee but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act. (g) In addition to performing the duties prescribed by Subsection (a), the committee shall: (1) with assistance from the department and the commission, advise the commissioner concerning the powers, duties, functions, programs, and activities of the department and the funds and obligations that are related to the powers, duties, functions, programs, or activities; (2) meet at the call of the presiding officer; (3) research, take public testimony, and issue reports on other appropriate issues or specific issues requested by the lieutenant governor, speaker, or governor; and (4) review specific recommendations for legislation proposed by the department or commission. (h) The committee may request reports and other information from the commission, the department, and the attorney general relating to protective services in this state and other appropriate issues. (i) The committee shall use existing staff of the senate and house of representatives to assist the committee in performing its duties under this section. (j) Chapter 551, Government Code, applies to the committee. (k) The committee shall report to the governor, the lieutenant governor, and the speaker of the house of representatives not later than November 15 of each even-numbered year. The report must include: (1) identification of significant issues in the protective services system, with recommendations for action; (2) an analysis of the effectiveness and efficiency of the protective services system, with recommendations for any necessary research; and (3) recommendations for legislative action. (b) The speaker, the lieutenant governor, and the governor shall appoint the members of the Protective Services Legislative Oversight Committee created by Section 40.010, Human Resources Code, as added by this section, as soon as possible after the effective date of this section. The lieutenant governor shall designate the initial presiding officer of the committee. The presiding officer shall call the initial meeting of the committee as soon as possible after the committee members are appointed. SECTION 1.37. (a) Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.0322 to read as follows: Sec. 40.0322. CASEWORKER REPLACEMENT PROGRAM. (a) To the extent that funding is available, the department shall develop a program to provide for the timely replacement of caseworkers with trainees hired in anticipation of vacancies. (b) In developing the program, the department shall consider the turnover rate for caseworkers by region. (b) Unless sufficient funds are not available, the Department of Family and Protective Services shall develop the program required under Section 40.0322, Human Resources Code, as added by this section, not later than December 31, 2005. SECTION 1.38. (a) Section 40.058, Human Resources Code, is amended by amending Subsections (b) and (c) and adding Subsections (f)-(i) to read as follows: (b) A contract for the purchase of program-related client services must include: (1) clearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved; (2) clearly defined sanctions or penalties for noncompliance with contract terms; [and] (3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract; and (4) if applicable, clearly defined performance standards that relate directly to the quality of care provided to residents of foster care facilities. (c) The department shall monitor a contractor's performance under a contract for the purchase of program-related client services. In monitoring performance, the department shall: (1) use a risk-assessment methodology to ensure compliance with financial and performance requirements under the contract; [and] (2) obtain and evaluate program cost information to ensure that all costs, including administrative costs, are reasonable and necessary to achieve program objectives; and (3) review each foster care services contract and evaluate the contract for compliance with the performance standards of the contract prescribed by Subsection (b)(4). (f) The department shall terminate a contract with a foster care services provider if the contractor does not meet the performance standards prescribed by Subsection (b)(4). The department may not award or renew a foster care services contract with a contractor if the contractor does not meet those performance standards. (g) The commission shall create a foster care performance team to develop performance criteria for foster care services contracts. The team shall include contracting experts from multiple state agencies, foster care services providers and clients, performance-based contract experts of the state auditor, and other experts in outcome-based contracts. The team shall develop clearly defined and measurable standards for foster care services contracts that directly relate to factors within the control of the providers. The department shall adopt the clearly defined performance standards for inclusion in foster care services contracts as developed and recommended by the team. The team shall also develop performance standards that provide measurable criteria for identification of foster care services providers: (1) that do not provide quality care; (2) that should not receive additional contract awards; and (3) whose contracts should be revoked. (h) The commission shall create an alternative payment plan in all foster care services contracts to encourage the reduction of the period that children are in intensive levels of care. The incentive payment plan must provide several alternative payment mechanisms to encourage foster care services contractors to improve the quality of care, encourage efficient use of funding, or reduce the period of intensive care for children under program-related client services contracts for foster care. (i) A contract for the provision of foster care services must contain a provision requiring the department's contract management employees to make periodic unannounced visits to the contractor's facilities in accordance with commission rules and to report the employees' findings to the commission. (b) Sections 40.058(b)(4), (c)(3), (f), (g), and (i), Human Resources Code, as added by this section, apply only to a contract entered into or renewed on or after the effective date of this section. A contract entered into or renewed before that date is governed by the law in effect on the date the contract is entered into or renewed, and the former law is continued in effect for that purpose. SECTION 1.39. (a) Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.071 to read as follows: Sec. 40.071. MISSING CHILDREN WEBSITE. (a) The department shall develop and implement a program to display on the department's Internet website the name, age, and photograph of, and location information relating to, any child in the foster care system who has been reported missing. The department may also display other relevant information that the department determines will be useful in efforts to locate and ensure the safety of that child. (b) Notwithstanding any other law, information required to be provided under this section is public information. (c) The department shall regularly update the website by adding additional information that becomes available and by deleting the information relating to a child who is no longer missing. (b) Not later than January 1, 2006, the executive commissioner of the Health and Human Services Commission shall adopt rules and establish standards, policies, and procedures to implement and administer Section 40.071, Human Resources Code, as added by this section. SECTION 1.40. Section 42.002, Human Resources Code, is amended by adding Subdivision (18) to read as follows: (18) "Residential child-care facility" means a facility licensed or certified by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. The term includes child-care institutions, foster group homes, foster homes, agency foster group homes, and agency foster homes. SECTION 1.41. (a) Section 42.042, Human Resources Code, is amended by adding Subsection (q) to read as follows: (q) Each residential child-care facility shall notify the department and the appropriate local law enforcement agency immediately on determining that a child is missing from the facility. (b) Not later than January 1, 2006, the executive commissioner of the Health and Human Services Commission shall adopt rules and establish standards, policies, and procedures to implement and administer Section 42.042(q), Human Resources Code, as added by this section. SECTION 1.42. (a) Section 42.056, Human Resources Code, is amended by adding Subsections (a-1) and (d)-(f) and amending Subsection (b) to read as follows: (a-1) In accordance with rules adopted by the executive commissioner, the director, owner, or operator of a residential child-care facility shall submit to the department for use in conducting background and criminal history checks the name of each prospective employee who will provide direct care or have direct access to a child in the residential child-care facility. (b) The department shall conduct background and criminal history checks using: (1) the information provided under Subsections [Subsection] (a) and (a-1); (2) the information made available by the Department of Public Safety under Section 411.114, Government Code, and [or] by the Federal Bureau of Investigation or other criminal justice agency under Section 411.087, Government Code; and (3) the department's records of reported abuse and neglect. (d) A person described by Subsection (a) or (a-1) may not provide direct care or have direct access to a child in a residential child-care facility before completion of the person's background check and criminal history check. (e) The department shall provide the results of a background or criminal history check conducted under this section regarding a prospective employee to a director, owner, or operator of a residential child-care facility. (f) As part of a background check under this section, the department shall provide any relevant information available in the department's records regarding a person's previous employment in a residential child-care facility to the person submitting the request. (b) The director, owner, or operator of a residential child-care facility shall begin providing information to the Department of Family and Protective Services as required by Section 42.056(a-1), Human Resources Code, as added by this section, as soon as possible after the effective date of this section and not later than January 1, 2006. SECTION 1.43. (a) Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.057 to read as follows: Sec. 42.057. DRUG TESTING. (a) Each residential child-care facility shall establish a drug testing policy for employees. A residential child-care facility may adopt the model employee drug testing policy adopted by the executive commissioner under Subsection (b) or may use another employee drug testing policy approved by the executive commissioner. (b) The executive commissioner by rule shall adopt a model employee drug testing policy for use by a residential child-care facility. The policy must be designed to ensure the safety of resident children through appropriate drug testing of employees while protecting the rights of employees. The model policy must require random, unannounced drug testing and at least one scheduled drug test each year of each employee who has direct contact with a resident child in the residential child-care facility. (c) The department shall require a drug test of a person who directly cares for or has access to a child in a residential child-care facility within 24 hours after the department receives notice of an allegation that the person has abused drugs. (d) An employee may not provide direct care or have direct access to a child in a residential child-care facility before completion of the employee's initial drug test. (b) Not later than December 1, 2005, the executive commissioner of the Health and Human Services Commission shall adopt the model drug testing policy required by Section 42.057, Human Resources Code, as added by this section. (c) Not later than January 1, 2006, each residential child-care facility shall adopt a drug testing policy required by Section 42.057, Human Resources Code, as added by this section. SECTION 1.44. (a) Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.061 to read as follows: Sec. 42.061. RISK ASSESSMENT. (a) If an employee or volunteer at a residential child-care facility has been convicted of a crime, the department shall perform a risk assessment of the person before the person is allowed access to a child in the facility. The department shall also perform a similar risk assessment of a person who is at least 14 years of age and who will regularly or frequently be staying at the facility while children are being provided care. (b) The executive commissioner by rule shall develop and maintain risk assessment criteria to ensure the safety and well-being of a child's physical or mental health or welfare. (b) Not later than January 1, 2006, the executive commissioner of the Health and Human Services Commission shall adopt rules required by Section 42.061, Human Resources Code, as added by this section. SECTION 1.45. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.062 to read as follows: Sec. 42.062. CERTAIN EMPLOYMENT PROHIBITED. A residential child-care facility may not employ in any capacity a person who is not eligible to receive a license or certification for the operation of a residential child-care facility under Section 42.072(c-1). SECTION 1.46. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.063 to read as follows: Sec. 42.063. REPORTING OF INCIDENTS AND VIOLATIONS. (a) In this section, "serious incident" means a suspected or actual incident that threatens or impairs the basic health, safety, or well-being of a child. The term includes: (1) the arrest, abuse, neglect, exploitation, running away, attempted suicide, or death of a child; (2) a critical injury of a child; and (3) an illness of a child that requires hospitalization. (b) A person licensed under this chapter shall report to the department: (1) each serious incident involving a child who receives services from the person, regardless of whether the department is the managing conservator of the child; and (2) any potential violation of a requirement of this chapter. (c) An employee of a person described by Subsection (b) shall report suspected abuse or neglect directly to the statewide intake system. (d) An employee or volunteer of a child-care institution, child-placing agency, foster home, or foster group home shall report any serious incident directly to the department if the incident involves a child under the care of the institution, agency, or home. (e) A foster parent shall report any serious incident directly to the department if the incident involves a child under the care of the parent. (f) The executive commissioner by rule shall prescribe: (1) procedures governing reporting required under this section; and (2) the manner in which a report under this section must be provided. SECTION 1.47. (a) Section 42.0705, Human Resources Code, is amended to read as follows: Sec. 42.0705. RANGE OF PENALTIES. (a) The department shall revoke, suspend, or refuse to renew a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a rule of the board. (b) If a license or registration suspension is probated, the department may require the license holder or registration holder to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit services to the areas prescribed by the department; (3) continue or review professional education until the license holder or registration holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation; or (4) take corrective action relating to the violation on which the probation is based. (c) The executive commissioner by rule shall establish gradations of penalties in accordance with the relative seriousness of the violation. The rules shall prescribe the violations or number of violations that will result in the department's automatically revoking a facility's license, certification, or registration under Section 42.072. (d) In determining the penalty to impose, the department shall consider any matter that justice may require, including: (1) the gradations of penalties established under Subsection (c); (2) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act and the hazard or potential hazard created by the act to the health or safety of a resident child; (3) the history of previous violations; (4) deterrence of future violations; and (5) efforts to correct the violation. (b) Not later than December 31, 2005, the executive commissioner of the Health and Human Services Commission shall establish the gradations of penalties required under Section 42.0705, Human Resources Code, as amended by this section. SECTION 1.48. Section 42.072, Human Resources Code, is amended by adding Subsection (c-1) to read as follows: (c-1) Notwithstanding Subsection (c), the department shall refuse to issue a license or certification for the operation of a residential child-care facility to a person who previously held more than a 20 percent ownership interest in or served as an officer, director, board member, or administrator of a residential child-care facility at the time of the occurrence of conduct that resulted in: (1) the license or certification of the facility being revoked by the department or by court order; or (2) the facility being voluntarily closed or its license or certification relinquished after: (A) the department took an action under Subsection (a) in relation to the facility; or (B) the facility received notice that the department intended to take an action under Subsection (a) in relation to the facility. SECTION 1.49. AT-RISK PREVENTION SERVICES TASK FORCE. (a) In this section: (1) "Department" means the Department of Family and Protective Services. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (3) "Prevention service" means a community-based prevention program to alleviate the conditions that lead to child abuse or neglect and juvenile crime. (4) "Task force" means the at-risk prevention services task force established under this section. (b) The at-risk prevention services task force is established to create a strategic plan to improve the availability of prevention services in this state and the manner in which those services are provided. (c) The task force is composed of seven members appointed by the governor. (d) Each member of the task force must have demonstrated experience in the prevention of child abuse or neglect and juvenile crime. (e) The task force shall: (1) examine the provision of prevention services in this state and identify opportunities to coordinate service delivery; (2) identify federal, state, and community sources of funding for prevention services and methods for combining resources for those services; and (3) create a strategic plan that would result in the extension of prevention services to more at-risk families in this state. (f) The department shall provide administrative support and services to the task force. (g) Not later than September 1, 2006, the task force shall present to the department and executive commissioner the strategic plan created under Subsection (e) of this section. (h) Not later than the 90th day after the date on which the task force presents the strategic plan, the executive commissioner shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each house and senate standing committee having jurisdiction over family protective services a written report concerning the strategic plan of the task force. The report shall include: (1) recommendations for implementing the strategic plan of the task force, if appropriate; (2) recommendations for modifications to the strategic plan of the task force; and (3) recommendations for legislation that the task force or executive commissioner considers necessary to implement the strategic plan. (i) This section expires and the task force is abolished June 1, 2007. SECTION 1.50. THINK TANK MEETING ON CHILD ABUSE AND NEGLECT INVESTIGATIONS. Not later than January 1, 2006, the Department of Family and Protective Services shall conduct a meeting with employees of the department and law enforcement professionals who have responsibility for investigating reports of child abuse and neglect to explore standards for: (1) training to be provided for personnel who conduct investigations of child abuse and neglect; (2) protocols for conducting investigations; and (3) the coordination of investigations between the department and law enforcement agencies. SECTION 1.51. CASEWORKER FUNCTION STUDY. (a) The Department of Family and Protective Services shall conduct a study on the merits of revising the functions performed by caseworkers employed by the department. In conducting the study required by this section, the department shall explore the benefits of using one caseworker to coordinate efforts on behalf of the child and the child's parents. (b) The department shall report the results of the study conducted under Subsection (a) of this section to the lieutenant governor and the speaker of the house of representatives not later than January 1, 2006. SECTION 1.52. USE OF LOCAL CASEWORKERS. If the Department of Family and Protective Services places a child in a home in an administrative region other than the region in which the child's caseworker is located, the department shall consider using a caseworker from the region in which the child is placed to conduct home visits for that child.
ARTICLE 2. ADULT PROTECTIVE SERVICES
SECTION 2.01. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.0315 to read as follows: Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE SERVICES. (a) The adult protective services division of the department shall maintain an investigation unit to investigate allegations of abuse, neglect, and exploitation of elderly and disabled persons reported to the division. (b) An investigator in the unit shall determine whether an elderly or disabled person who is the subject of a report made under Section 48.051(a) may have suffered from abuse, neglect, or exploitation as a result of the criminal conduct of another person. If the investigator determines that criminal conduct may have occurred, the investigator shall immediately notify the appropriate law enforcement agency. SECTION 2.02. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.035 to read as follows: Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE SERVICES; CONTINUING EDUCATION. (a) The department shall develop and implement a training program that each newly hired or assigned department employee must complete before: (1) initiating an investigation of a report of alleged abuse, neglect, or exploitation of an elderly or disabled person under Chapter 48; or (2) providing protective services to elderly or disabled persons under that chapter. (b) The training program must: (1) provide the person with appropriate comprehensive information regarding: (A) the incidence and types of reports of abuse, neglect, and exploitation of elderly or disabled persons that are received by the department, including information concerning false reports; and (B) the use and proper implementation of: (i) the risk assessment criteria developed under Section 48.004; and (ii) the legal procedures available under Chapter 48 for the protection of elderly or disabled persons, including the procedures for obtaining a court order for emergency protective services under Section 48.208; (2) include best practices for management of a case from the intake process to the provision of guardianship services, if any, including criteria that specify the circumstances under which an employee should: (A) consult a supervisor regarding a case; or (B) refer an elderly or disabled person to an appropriate public agency or community service provider for guardianship or other long-term services after the delivery of protective services to that person has been completed; (3) provide appropriate specialized training in any necessary topics, including: (A) investigation of suspected financial exploitation and self-neglect; and (B) establishment and maintenance of working relationships with community organizations and other local providers who provide services to elderly and disabled persons; (4) include on-the-job training; (5) provide for the development of individualized training plans; and (6) include training in working with law enforcement agencies and the court system when legal intervention is sought for investigations, emergency orders, or the provision of guardianship services. (c) The department at least annually shall provide comprehensive case management training to supervisors of department employees who conduct investigations under Chapter 48. The training must be designed to enable the supervisors to provide guidance on investigations of reports of alleged abuse, neglect, or exploitation that are complex or present unique problems. (d) The department shall develop and implement appropriate continuing education programs for employees of the adult protective services division who have completed initial training under this section. The continuing education programs must be designed to provide an annual update regarding changes in: (1) adult protective services division policies and procedures; and (2) applicable law, including statutory changes affecting the adult protective services division or elderly or disabled persons served by the division. (e) A department employee required to participate in a continuing education program under this section must complete the program at least once each calendar year. (f) The department shall: (1) make curriculum developed for a training or continuing education program under this section readily available to department employees in written form; and (2) periodically revise a training and continuing education program established under this section as necessary to satisfy training needs identified by the department or department employees. SECTION 2.03. (a) Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0515 to read as follows: Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT PROTECTIVE SERVICES; QUARTERLY REPORTS. (a) The department shall develop and implement a quality assurance program for adult protective services provided by or on behalf of the department. (b) In developing the program, the department shall establish: (1) client-centered outcome measures for each of the following functions of the adult protective services program: (A) intake process; (B) investigations; (C) risk assessment determinations; (D) delivery of protective services; and (E) provision of guardianship services; (2) minimum job performance standards for personnel and each work department of the adult protective services division of the department; and (3) procedures for conducting periodic performance reviews to monitor compliance with the standards established under Subdivision (2). (c) The department shall promptly address a person's or work department's failure to meet minimum job performance standards established under Subsection (b)(2): (1) by issuing to the person or work department, as appropriate, a corrective action plan detailing the actions required to comply with the standards; or (2) if necessary, through disciplinary action, including a person's demotion or discharge, for repeated failure to meet the standards. (d) Each employee of the adult protective services division must receive a performance evaluation required by Section 40.032(c) at least annually. The department shall ensure that disciplinary or other corrective action is taken against a supervisor or other managerial employee who is required to conduct a performance evaluation and fails to complete that evaluation in a timely manner. (e) A summary of the findings of outcome measures established and performance reviews conducted under this section must be reported to regional directors and other senior management employees of the adult protective services division. (f) Each fiscal quarter the department shall file with the governor and the presiding officer of each house of the legislature a report that includes: (1) a comprehensive review of the adult protective services division's overall performance during the preceding quarter; and (2) a summary of the adult protective services division's performance during the preceding quarter on each of the outcome measures established under Subsection (b)(1). (b) The Department of Family and Protective Services shall submit the initial report required under Section 40.010, Human Resources Code, as added by this section, not later than October 1, 2005. SECTION 2.04. Subchapter A, Chapter 48, Human Resources Code, is amended by adding Section 48.004 to read as follows: Sec. 48.004. RISK ASSESSMENT. The executive commissioner of the Health and Human Services Commission by rule shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly or disabled person is in a state of abuse, neglect, or exploitation and needs protective services. The criteria must provide for a comprehensive assessment of the person's: (1) environmental, physical, medical, mental health, and financial condition; and (2) social interaction and support. SECTION 2.05. Section 48.051(a), Human Resources Code, is amended to read as follows: (a) Except as prescribed by Subsection (b), a person having cause to believe that an elderly or disabled person is in the state of abuse, neglect, or exploitation shall report the information required by Subsection (d) immediately to the department. A person may make a report required by this subsection through a person-to-person telephone interview with local department personnel, through a personal appearance at a department office, or by calling a centralized toll-free telephone number. SECTION 2.06. Section 48.101, Human Resources Code, is amended by adding Subsections (g) and (g-1) to read as follows: (g) The department may establish procedures to exchange with a community service provider or local governmental entity confidential information relating to a report made under Section 48.051(a) that is necessary for the department, provider, or entity to provide protective services, health care services, housing services, or social services to the person who is the subject of the report. An exchange of information under this subsection does not affect whether the information is subject to disclosure under Chapter 552, Government Code. (g-1) The executive commissioner of the Health and Human Services Commission by rule shall provide policies and procedures that are designed to guard against the unauthorized release or dissemination of confidential information that is exchanged under Subsection (g). SECTION 2.07. Section 48.151, Human Resources Code, is amended by adding Subsection (c-1) to read as follows: (c-1) The department shall develop and implement a system to ensure that, to the greatest extent possible, investigations conducted by the department that involve especially complex issues of abuse, neglect, or exploitation, such as issues associated with self-neglect, mental health, or financial exploitation, are assigned to personnel who have experience and training in those issues. SECTION 2.08. Subchapter D, Chapter 48, Human Resources Code, is amended by adding Section 48.158 to read as follows: Sec. 48.158. STATUS REPORT OF INVESTIGATION. (a) Notwithstanding any other law, the department, on written request, shall provide to a person who makes a report of alleged abuse, neglect, or exploitation under Section 48.051(a) information on the status of the investigation conducted with respect to the report, unless the department determines that providing the information would: (1) jeopardize the investigation; or (2) endanger the safety or welfare of the person who is the subject of the report. (b) The information provided under Subsection (a) must include information relating to whether the department is providing protective services to the person. SECTION 2.09. Subchapter D, Chapter 48, Human Resources Code, is amended by adding Section 48.159 to read as follows: Sec. 48.159. INTERNAL REVIEW OF DEPARTMENT INVESTIGATION. The department shall establish procedures for conducting an internal review of completed investigations conducted by the department under this chapter to: (1) determine whether information obtained during the intake process was sufficient and accurate; (2) assess whether telephone calls were appropriately routed; (3) assess whether investigations were appropriately classified and prioritized; (4) evaluate the case reports for any special issues or requirements; (5) assess whether appropriate law enforcement agencies were notified of any suspected criminal conduct; and (6) identify other relevant information to enable the department to take any corrective action necessary to improve the process of conducting investigations under this chapter. SECTION 2.10. Subchapter E, Chapter 48, Human Resources Code, is amended by adding Section 48.2055 to read as follows: Sec. 48.2055. TEMPORARY EMERGENCY SHELTERS. (a) The department, in conjunction with the Department of Aging and Disability Services and the Department of State Health Services, shall develop and implement a program to provide temporary emergency shelter to an elderly or disabled person for whom the department obtains an emergency order under Section 48.208 requiring that the person be moved to safer surroundings. (b) The department, the Department of Aging and Disability Services, and the Department of State Health Services shall enter into a memorandum of understanding to clearly define the responsibilities of each agency under this section. (c) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this section. SECTION 2.11. Section 48.208, Human Resources Code, is amended by amending Subsection (c) and adding Subsections (c-1) and (c-2) to read as follows: (c) The petition shall be verified and shall include: (1) the name, age, and address of the elderly or disabled person who needs protective services; (2) the nature of the abuse, neglect, or exploitation; (3) the services needed; and (4) a medical report signed by a physician that contains the information required by Subsection (c-1) or a psychological report signed by a psychologist licensed under Chapter 501, Occupations Code, that contains the information required by Subsection (c-2), [stating that the person is suffering from abuse, neglect, or exploitation presenting a threat to life or physical safety and stating that the person is physically or mentally incapable of consenting to services] unless the court finds that an immediate danger to the health or safety of the elderly or disabled person exists and there is not sufficient time to obtain the medical or psychological report. (c-1) A medical report obtained from a physician under Subsection (c)(4) must state that the person: (1) is suffering from abuse, neglect, or exploitation presenting a threat to life or physical safety; and (2) is physically or mentally incapable of consenting to services. (c-2) A psychological report obtained from a licensed psychologist under Subsection (c)(4) must state that the person: (1) is suffering from abuse, neglect, or exploitation presenting a threat to life or physical safety; and (2) is mentally incapable of consenting to services. SECTION 2.12. Section 48.209(c), Human Resources Code, is amended to read as follows: (c) The [If appropriate, the] department shall [may] contract with [a political subdivision of this state,] a private agency[, or another state agency] for the provision of guardianship services under this section. The department [or a political subdivision of the state or state agency with which the department contracts under this section] is not required to post a bond or pay any cost or fee otherwise required by the Texas Probate Code. SECTION 2.13. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0551 to read as follows: Sec. 531.0551. MEMORANDUM OF UNDERSTANDING ON SERVICES FOR CERTAIN ELDERLY OR DISABLED PERSONS NEEDING MULTIAGENCY SERVICES. (a) In this section, "disabled person," "elderly person," and "protective services" have the meanings assigned by Section 48.002, Human Resources Code. (b) The commission and each health and human services agency shall adopt a joint memorandum of understanding to implement a system of local-level interagency staffing groups to coordinate services for an elderly or disabled person who needs multiagency services in addition to receiving protective services from or on behalf of the Department of Family and Protective Services. (c) The memorandum must: (1) clarify the financial and statutory responsibilities of each agency with respect to elderly or disabled persons needing multiagency services in addition to protective services, including subcategories of funding for different services such as case management, arranging for psychiatric and health evaluation, home care, health care, and investigation services; (2) include a functional definition of "elderly and disabled persons needing multiagency services in addition to protective services"; (3) define procedures for interagency cost sharing; (4) define procedures aimed at eliminating duplication of services relating to assessment and diagnosis, treatment, social services, residential placement and care, and case management of elderly and disabled persons needing multiagency services in addition to protective services; (5) define procedures for addressing disputes between the agencies that relate to the agencies' areas of service responsibilities; (6) provide that each local-level interagency staffing group includes: (A) a local representative of each agency; (B) one or more representatives of local private sector agencies; (C) a representative of a local law enforcement agency; (D) a health care provider; and (E) one or more family members or caregivers of elderly or disabled persons needing multiagency services in addition to protective services; (7) provide that the local representative of each agency has authority to contribute agency resources to solving problems identified by the local-level interagency staffing group; (8) provide that if an elderly or disabled person's needs exceed the resources of an agency or an agency is not able to provide all the services an elderly or disabled person requires, the agency may, with the consent of the person's legal guardian, if applicable, submit a referral on behalf of the person or the person's case history to the local-level interagency staffing group for consideration; (9) provide that a local-level interagency staffing group may be called together by a representative of any member agency; (10) provide that an agency representative may be excused from attending a meeting if the staffing group determines that the age or needs of the person to be considered are clearly not within the agency's service responsibilities, provided that each agency representative is encouraged to attend all meetings to contribute to the collective ability of the staffing group to solve an elderly or disabled person's need for multiagency services in addition to protective services; (11) provide that records that are used or developed by a local-level interagency staffing group or its members and that relate to a particular elderly or disabled person are confidential and may not be released to any other person or agency except as provided by this section or by other law; and (12) provide a procedure that permits the agencies and local-level interagency staffing groups to share confidential information while preserving the confidential nature of the information. (d) The agencies that participate in the formulation of the memorandum of understanding shall consult with and solicit input from advocacy and consumer groups. (e) Each agency shall adopt the memorandum of understanding and all revisions to the memorandum. Not later than the last month of each state fiscal year, each agency shall review and update the memorandum. The agencies shall develop revisions as necessary to reflect major agency reorganizations or statutory changes affecting the agencies. (f) The agencies shall ensure that a state-level interagency staffing group provides to the executive commissioner of the Health and Human Services Commission, the commissioner of each agency, the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of each house and senate standing committee having jurisdiction over adult protective services a biennial report that includes: (1) the number of elderly or disabled persons served through the local-level interagency staffing groups established under this section and the outcomes of the services provided; (2) a description of any barriers identified to the state's ability to provide effective services to elderly or disabled persons needing multiagency services in addition to protective services; and (3) any other information relevant to improving the delivery of services to elderly or disabled persons needing multiagency services in addition to protective services. (b) Not later than March 1, 2006, the Department of Family and Protective Services, the Health and Human Services Commission, the Department of Aging and Disability Services, the Department of State Health Services, and the Department of Assistive and Rehabilitative Services shall adopt a joint memorandum of understanding as prescribed by Section 531.0551, Government Code, as added by this section. SECTION 2.14. The heading of Section 531.055, Government Code, is amended to read as follows: Sec. 531.055. MEMORANDUM OF UNDERSTANDING ON SERVICES FOR CERTAIN PERSONS NEEDING MULTIAGENCY SERVICES. SECTION 2.15. Sections 531.055(a), (b), and (e), Government Code, are amended to read as follows: (a) Each health and human services agency, the Texas Council on Offenders with Mental Impairments, the Texas Department of Criminal Justice, the Texas Department of Housing and Community Affairs, the Texas Education Agency, the Texas Workforce Commission, and the Texas Youth Commission shall adopt a joint memorandum of understanding to promote a system of local-level interagency staffing groups to coordinate services for persons needing multiagency services other than elderly or disabled persons served through the local-level interagency staffing groups established under Section 531.0551. (b) The memorandum must: (1) clarify the statutory responsibilities of each agency in relation to persons needing multiagency services other than elderly or disabled persons served under Section 531.0551, including subcategories for different services such as prevention, family preservation and strengthening, aging in place, emergency shelter, diagnosis and evaluation, residential care, after-care, information and referral, medical care, and investigation services; (2) include a functional definition for purposes of this section of "persons needing multiagency services"; (3) outline membership, officers, and necessary standing committees of local-level interagency staffing groups; (4) define procedures aimed at eliminating duplication of services relating to assessment and diagnosis, treatment, residential placement and care, and case management of persons needing multiagency services; (5) define procedures for addressing disputes between the agencies that relate to the agencies' areas of service responsibilities; (6) provide that each local-level interagency staffing group includes: (A) a local representative of each agency; (B) representatives of local private sector agencies; and (C) family members or caregivers of persons, other than elderly or disabled persons served under Section 531.0551, who need [needing] multiagency services or other current or previous consumers of multiagency services acting as general consumer advocates; (7) provide that the local representative of each agency has authority to contribute agency resources to solving problems identified by the local-level interagency staffing group; (8) provide that if a person's needs exceed the resources of an agency, the agency may, with the consent of the person's legal guardian, if applicable, submit a referral on behalf of the person to the local-level interagency staffing group for consideration; (9) provide that a local-level interagency staffing group may be called together by a representative of any member agency; (10) provide that an agency representative may be excused from attending a meeting if the staffing group determines that the age or needs of the person to be considered are clearly not within the agency's service responsibilities, provided that each agency representative is encouraged to attend all meetings to contribute to the collective ability of the staffing group to solve a person's need for multiagency services; (11) define the relationship between state-level interagency staffing groups and local-level interagency staffing groups in a manner that defines, supports, and maintains local autonomy; (12) provide that records that are used or developed by a local-level interagency staffing group or its members that relate to a particular person are confidential and may not be released to any other person or agency except as provided by this section or by other law; and (13) provide a procedure that permits the agencies to share confidential information while preserving the confidential nature of the information. (e) The agencies shall ensure that a state-level interagency staffing group provides a biennial report to the executive director of each agency, the legislature, and the governor that includes: (1) the number of persons served through the local-level interagency staffing groups established under this section and the outcomes of the services provided; (2) a description of any barriers identified to the state's ability to provide effective services to persons needing multiagency services other than elderly or disabled persons served through the local-level interagency staffing groups established under Section 531.0551; and (3) any other information relevant to improving the delivery of services to persons needing multiagency services other than elderly or disabled persons described by Subdivision (2).
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2005.