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AN ACT
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relating to the establishment of a task force to address the |
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relationship between domestic violence and child abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter W to read as follows: |
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SUBCHAPTER W. TASK FORCE TO ADDRESS THE RELATIONSHIP BETWEEN |
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DOMESTIC VIOLENCE AND CHILD ABUSE AND NEGLECT |
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Sec. 531.951. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Family and |
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Protective Services. |
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(2) "Task force" means the Task Force to Address the |
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Relationship Between Domestic Violence and Child Abuse and Neglect. |
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Sec. 531.952. ESTABLISHMENT OF TASK FORCE; COMPOSITION. |
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(a) The task force is established to examine the relationship |
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between family violence and child abuse and neglect, develop policy |
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recommendations, if needed, to address issues and effects resulting |
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from that relationship, and develop comprehensive statewide best |
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practices guidelines for both child protective services and family |
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violence shelter centers. |
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(b) The task force is composed of: |
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(1) one member from the commission's Family Violence |
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Program, appointed by the executive commissioner; and |
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(2) at least 17 members appointed by the presiding |
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officer of the task force as follows: |
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(A) one member from the department; |
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(B) one member from a statewide family violence |
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advocacy organization; |
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(C) one member from a statewide sexual assault |
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advocacy organization; |
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(D) one member from a statewide advocacy |
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organization that serves abused and neglected children in the |
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foster care system; |
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(E) one member from a statewide child abuse |
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advocacy organization; |
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(F) one member from a statewide organization with |
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expertise in the establishment and operation of a children's |
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advocacy center program; |
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(G) one member who is a mental health |
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professional with experience working with clients affected by child |
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abuse and domestic violence; |
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(H) one member who is a judge with experience |
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working with cases involving child protective services; |
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(I) one member from The University of Texas |
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School of Law domestic violence clinic; |
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(J) one member from The University of Texas |
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School of Law children's rights clinic; |
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(K) one member from each of four different family |
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violence centers as defined by Section 51.002, Human Resources |
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Code, reflecting the geographic diversity of the state; |
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(L) one member from a legal assistance |
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organization involved with child protection and family violence |
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issues; |
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(M) one member from the law enforcement |
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community; |
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(N) one member who is a licensed physician who |
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specializes in child abuse pediatrics; and |
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(O) any other member that the presiding officer |
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determines to be appropriate. |
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Sec. 531.953. VACANCY. A vacancy on the task force shall be |
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filled in the same manner as the original appointment. |
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Sec. 531.954. PRESIDING OFFICER. The member representing |
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the commission's Family Violence Program serves as the presiding |
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officer of the task force. |
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Sec. 531.955. MEETINGS. The task force shall meet at the |
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call of the presiding officer. |
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Sec. 531.956. COMPENSATION; REIMBURSEMENT. Members of the |
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task force serve without compensation or reimbursement for |
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expenses. |
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Sec. 531.957. DUTIES. (a) The task force shall: |
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(1) receive reports and testimony from individuals, |
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state and local agencies, community-based organizations, and other |
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public and private organizations, including: |
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(A) adult survivors of family violence that have |
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been impacted by child protective services investigations; and |
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(B) young adults who as children were impacted by |
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both family violence and child protective services intervention; |
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and |
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(2) develop policy recommendations for addressing the |
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relationship between family violence and child abuse and neglect |
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and develop comprehensive statewide best practices guidelines for |
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both child protective services and family violence shelter centers. |
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(b) In developing policy recommendations and best practices |
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guidelines under Subsection (a)(2), the task force shall: |
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(1) examine the findings and recommendations of the |
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National Council of Juvenile and Family Court Judges Family |
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Violence Department's report "Effective Intervention in Domestic |
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Violence & Child Maltreatment Cases: Guidelines for Policy and |
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Practice"; and |
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(2) examine the key concepts regarding child safety |
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plans and decision making found in the 2009 edition of the American |
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Bar Association's "Child Safety: A Guide for Judges and |
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Attorneys." |
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(c) The task force shall prepare a report that includes: |
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(1) a description of the activities of the task force; |
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(2) the findings and recommendations of the task |
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force, including the proposed policy recommendations and |
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guidelines required by Subsection (a)(2); and |
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(3) any legislation or other matter that the task |
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force considers appropriate. |
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(d) Not later than September 1, 2012, the task force shall |
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submit to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the appropriate committees of the |
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senate and the house of representatives the report required by |
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Subsection (c). |
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Sec. 531.958. ADMINISTRATIVE SUPPORT. The commission shall |
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provide reasonably necessary administrative and technical support |
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for task force activities. |
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Sec. 531.959. RULEMAKING ASSISTANCE. The department shall |
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seek the assistance of the task force if the department proposes to |
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adopt or amend a rule as the result of the work done by the task |
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force. |
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Sec. 531.960. APPLICABILITY OF ADVISORY COMMITTEE LAW. |
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Chapter 2110 does not apply to the task force. |
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Sec. 531.961. ABOLITION OF TASK FORCE; EXPIRATION OF |
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SUBCHAPTER. The task force is abolished and this subchapter |
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expires September 1, 2013. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the appropriate persons shall appoint the members of |
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the Task Force to Address the Relationship Between Domestic |
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Violence and Child Abuse and Neglect created by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 434 passed the Senate on |
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April 20, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 434 passed the House on |
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May 19, 2011, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |