82R6052 MCK-F

By: Farias H.B. No. 1099

A BILL TO BE ENTITLED

AN ACT

relating to creating an advisory committee on child protective services in the region that includes Bexar County for the Department of Family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 40, Human Resources Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. BEXAR COUNTY CHILD PROTECTIVE SERVICES ADVISORY

COUNCIL

Sec. 40.121. BEXAR COUNTY CHILD PROTECTIVE SERVICES ADVISORY COUNCIL. (a) The Bexar County Child Protective Services Advisory Council is an advisory committee to the department. The council shall advise and make recommendations to the department on any matter relating to the provision of child protective services in the department region that includes Bexar County, and the department shall give due consideration to the council's advice and recommendations. The council shall support the department's mission and goals in the department region that includes Bexar County by providing a regular forum for the discussion and resolution of region-specific issues, concerns, and recommendations.

(b) The Bexar County Child Protective Services Advisory Council consists of:

(1) the Bexar County Judges Advisory Council; and

(2) the Bexar County Advocates Advisory Council.

Sec. 40.122. BEXAR COUNTY JUDGES ADVISORY COUNCIL. (a) The Bexar County Judges Advisory Council consists of:

(1) the judge of each court in the county having jurisdiction over child abuse and neglect cases and proceedings;

(2) the judge with supervisory authority over the courts in the county having jurisdiction over child abuse and neglect cases and proceedings;

(3) the department's director for the region that includes Bexar County; and

(4) the following five individuals designated by the department from the department region that includes Bexar County:

(A) an individual who has responsibility for and expertise regarding contract monitoring;

(B) an individual who has responsibility for and expertise regarding licensing and regulation of child-care facilities;

(C) an individual who has responsibility for and expertise regarding investigations;

(D) an individual who has responsibility for and expertise regarding family-based safety services; and

(E) an individual who has responsibility for and expertise regarding conservatorship and foster care.

(b) The Bexar County Judges Advisory Council shall elect a presiding officer from its members.

(c) The Bexar County Judges Advisory Council shall adopt bylaws under which it shall operate.

Sec. 40.123. BEXAR COUNTY ADVOCATES ADVISORY COUNCIL. (a) The Bexar County Advocates Advisory Council consists of the following eight members:

(1) a member of the Bexar County Child Welfare Board;

(2) an advocate for foster care youth and child welfare in the department region that includes Bexar County;

(3) a former foster child;

(4) a foster care provider;

(5) a member of an organization that provides mental health, developmental disability, and substance abuse services in Bexar County;

(6) a member of a research and advocacy organization on children's issues, including abuse and neglect, basic needs, early care and education, and health care;

(7) a member of an organization that provides a home to children who have suffered abuse or neglect and counseling for families in crisis; and

(8) a member of an organization that provides court-appointed special advocates for abused or neglected children.

(b) Members of the advocates advisory council must be residents of or maintain full-time employment in Bexar County.

(c) The presiding officer of the Bexar County Judges Advisory Council shall appoint the members of the Bexar County Advocates Advisory Council on consideration of recommendations made by advocates for foster care youth and child welfare in the department region that includes Bexar County.

Sec. 40.124. MEETINGS. (a) The Bexar County Judges Advisory Council shall meet quarterly at the call of the presiding officer.

(b) The Bexar County Advocates Advisory Council shall meet quarterly with the judges on the Bexar County Judges Advisory Council. The purpose of the quarterly meetings is to provide the child protective services advocates in the department region that includes Bexar County the opportunity to bring to the attention of the judges on the Bexar County Judges Advisory Council any concerns, questions, and recommendations the advocates have regarding the department's policies and procedures that impact foster care youth or foster care providers or other child protective service providers in the department region that includes Bexar County.

(c) The quarterly meeting between the judges on the Bexar County Judges Advisory Council and the Bexar County Advocates Advisory Council must occur not more than 21 days or less than 14 days before the date of the next quarterly meeting of the Bexar County Judges Advisory Council.

(d) The Bexar County Advocates Advisory Council must submit any concerns, questions, and recommendations it presented to the judges at the meeting described by Subsection (b) in writing not later than the seventh day before the date of the next quarterly meeting of the Bexar County Judges Advisory Council.

(e) The judges on the Bexar County Judges Advisory Council shall present the judges' questions, concerns, and recommendations and those of the Bexar County Advocates Advisory Council in writing to the other members of the Bexar County Judges Advisory Council at the judges advisory council's next quarterly meeting.

(f) The presiding officer of the Bexar County Judges Advisory Council shall coordinate and facilitate all quarterly meetings under this section. The department shall designate a staff person to serve as the liaison to the Bexar County Child Protective Services Advisory Council to assist in scheduling the quarterly meetings.

(g) The members of the Bexar County Judges Advisory Council shall attend the quarterly meetings of the judges advisory council. Judges serving on the judges advisory council shall also attend the quarterly meetings with the advocates advisory council.

(h) The members of the Bexar County Advocates Advisory Council shall attend each quarterly meeting of the advocates advisory council. A member of the Bexar County Advocates Advisory Council who fails to attend a quarterly meeting of the advocates advisory council is considered to have resigned the member's position on the council effective on the date of the meeting unless the member receives prior approval for the member's absence from the presiding officer of the Bexar County Judges Advisory Council. A vacancy created by a resignation under this subsection shall be filled as provided by Section 40.123.

Sec. 40.125. DEPARTMENT'S DUTIES. (a) The department employees who serve on the Bexar County Judges Advisory Council shall report the issues, concerns, and recommendations of the council to the department personnel who have authority to consider the issues, concerns, and recommendations and determine whether any change in department policy or practice is necessary to effectively address those issues, concerns, or recommendations.

(b) The department shall consider the issues, concerns, and recommendations presented to the department by the Bexar County Judges Advisory Council and respond to those issues, concerns, and recommendations not later than the 30th day after the date the issue, concern, or recommendation is raised in a quarterly meeting of the council. The department's written response must include the department's rationale for its policies and for any action the department takes or does not take in response to the council's issues, concerns, and recommendations.

SECTION 2. Not later than December 1, 2011, the judge with supervisory authority over the courts in Bexar County having jurisdiction over child abuse and neglect cases and proceedings shall call the first meeting of the Bexar County Judges Advisory Council. The Bexar County Judges Advisory Council members shall elect a presiding officer at the first meeting.

SECTION 3. This Act takes effect September 1, 2011.