| |
| |
| |
|
|
AN ACT
|
|
|
relating to requiring that the Department of Family and Protective |
|
|
Services maintain and report certain information in connection with |
|
|
the placement of children and to the use of the information |
|
|
provided. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter I, Chapter 264, Family Code, is |
|
|
amended by adding Section 264.759 to read as follows: |
|
|
Sec. 264.759. RECORDS OF PLACEMENTS THAT FAIL FOR FINANCIAL |
|
|
REASONS. (a) The department shall record each instance in which a |
|
|
placement under this subchapter is not able to be made solely |
|
|
because the relative or designated caregiver cannot afford to care |
|
|
for the child. The department shall document, if possible, the |
|
|
amount of monetary assistance and reimbursement to which the |
|
|
caregiver would be entitled and the amount of assistance that would |
|
|
have made the placement affordable for the caregiver. |
|
|
(b) The department shall compile statistics based on the |
|
|
information recorded under this section and shall report annually |
|
|
to the legislature regarding proposed placements that are not made |
|
|
in the preceding year due to financial reasons. The report required |
|
|
under this subsection may be made in conjunction with other reports |
|
|
the department is required to submit to the legislature. |
|
|
SECTION 2. Article 5.04, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) A peace officer who investigates a family violence |
|
|
allegation or who responds to a disturbance call that may involve |
|
|
family violence shall determine whether the address of the persons |
|
|
involved in the allegation or call matches the address of a current |
|
|
licensed foster home or verified agency foster home listed in the |
|
|
Texas Crime Information Center. |
|
|
SECTION 3. Article 5.05, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (a-1) and amending Subsection (b) to |
|
|
read as follows: |
|
|
(a-1) In addition to the written report required under |
|
|
Subsection (a), a peace officer who investigates a family violence |
|
|
incident or who responds to a disturbance call that may involve |
|
|
family violence shall make a report to the Department of Family and |
|
|
Protective Services if the location of the incident or call, or the |
|
|
known address of a person involved in the incident or call, matches |
|
|
the address of a current licensed foster home or a verified agency |
|
|
foster home as listed in the Texas Crime Information Center. The |
|
|
report under this subsection may be made orally or electronically |
|
|
and must: |
|
|
(1) include the information required by Subsection |
|
|
(a); and |
|
|
(2) be filed with the Department of Family and |
|
|
Protective Services within 24 hours of the beginning of the |
|
|
investigation or receipt of the disturbance call. |
|
|
(b) Each local law enforcement agency shall establish a |
|
|
departmental code for identifying and retrieving family violence |
|
|
reports as outlined in Subsection (a) of this section. A district |
|
|
or county attorney or an assistant district or county attorney |
|
|
exercising authority in the county where the law enforcement agency |
|
|
maintains records under this section is entitled to access to the |
|
|
records. The Department of Family and Protective Services is |
|
|
entitled to access the records relating to any person who is 14 |
|
|
years of age or older and who resides in a licensed foster home or a |
|
|
verified agency foster home. |
|
|
SECTION 4. Subchapter C, Chapter 42, Human Resources Code, |
|
|
is amended by adding Sections 42.0448 and 42.0449 to read as |
|
|
follows: |
|
|
Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The |
|
|
department shall notify a child-placing agency of each family |
|
|
violence report the department receives under Article 5.05, Code of |
|
|
Criminal Procedure, that: |
|
|
(1) occurred at an agency foster home verified by the |
|
|
child-placing agency; or |
|
|
(2) involves a person who resides at an agency foster |
|
|
home verified by the child-placing agency. |
|
|
Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY |
|
|
VIOLENCE CALL. The executive commissioner shall adopt rules |
|
|
specifying the actions that the department, an independent foster |
|
|
home, and a child-placing agency shall take after receiving notice |
|
|
of a family violence report under Article 5.05, Code of Criminal |
|
|
Procedure, or Section 42.0448 to ensure the health, safety, and |
|
|
welfare of each child residing in the licensed foster home or |
|
|
verified agency foster home. |
|
|
SECTION 5. Section 42.045, Human Resources Code, is amended |
|
|
by adding Subsection (d) to read as follows: |
|
|
(d) An independent foster home and a child-placing agency |
|
|
shall notify the department of any change of address for a licensed |
|
|
foster home or a verified agency foster home. The independent |
|
|
foster home and child-placing agency shall notify the department of |
|
|
the address change within the earlier of two business days or 72 |
|
|
hours of the date the foster home changes its address. |
|
|
SECTION 6. Subchapter C, Chapter 42, Human Resources Code, |
|
|
is amended by adding Section 42.0451 to read as follows: |
|
|
Sec. 42.0451. DATABASE OF FOSTER HOMES; INFORMATION |
|
|
PROVIDED TO DEPARTMENT OF PUBLIC SAFETY. (a) The department shall |
|
|
maintain a database of licensed foster homes and verified agency |
|
|
foster homes including the current address for each licensed or |
|
|
verified home as reported to the department. The database must be |
|
|
updated on a regular basis. |
|
|
(b) The department shall make the database available to the |
|
|
Department of Public Safety for the purposes of Subsection (c). |
|
|
(c) The Department of Public Safety shall include the |
|
|
information provided under Subsection (b) in the Texas Crime |
|
|
Information Center database and establish a procedure by which a |
|
|
peace officer or employee of a law enforcement agency who provides |
|
|
the department with a street address is automatically provided |
|
|
information as to whether the address is licensed as a foster home |
|
|
or verified as an agency foster home under this chapter. |
|
|
(d) Information provided to the Department of Public Safety |
|
|
under this section is confidential and not subject to disclosure |
|
|
under Chapter 552, Government Code. |
|
|
SECTION 7. Subchapter C, Chapter 42, Human Resources Code, |
|
|
is amended by adding Section 42.0561 to read as follows: |
|
|
Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE |
|
|
REPORTS. Before the department may issue a license or registration |
|
|
for a foster home or a child-placing agency may issue a verification |
|
|
certificate for an agency foster home, the department or |
|
|
child-placing agency must obtain information relating to each |
|
|
family violence report at the applicant's residence to which a law |
|
|
enforcement agency responded during the 12 months preceding the |
|
|
date of the application. The applicant shall provide the |
|
|
information on a form prescribed by the department. |
|
|
SECTION 8. The change in law made by this Act by adding |
|
|
Section 264.759, Family Code, applies only to a placement under |
|
|
Subchapter I, Chapter 264, Family Code, that is proposed on or after |
|
|
the effective date of this Act. |
|
|
SECTION 9. The Department of Family and Protective Services |
|
|
shall establish the database and a method for exchanging |
|
|
information required by Section 42.0451, Human Resources Code, as |
|
|
added by this Act, not later than September 1, 2008. |
|
|
SECTION 10. Section 42.0561, Human Resources Code, as added |
|
|
by this Act, applies to an application for a license, registration, |
|
|
or certificate made on or after the effective date of this Act. An |
|
|
application made before the effective date of this Act is governed |
|
|
by the law in effect on the date the application was made, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 11. This Act takes effect immediately if it |
|
|
receives a vote of two-thirds of all the members elected to each |
|
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
|
If this Act does not receive the vote necessary for immediate |
|
|
effect, this Act takes effect September 1, 2007. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 723 passed the Senate on |
|
|
April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 21, 2007, by the |
|
|
following vote: Yeas 30, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 723 passed the House, with |
|
|
amendment, on May 17, 2007, by the following vote: Yeas 145, |
|
|
Nays 0, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |