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.