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SECTION 1. Subsection (b),
Section 261.004, Family Code, is amended to read as follows:
(b) The department shall
report the following information:
(1) the number of initial
phone calls received by the department alleging abuse and neglect;
(2) the number of children
reported to the department as having been abused and neglected;
(3) the number of reports
received by the department alleging abuse or neglect and assigned by the
department for investigation;
(4) of the children to whom
Subdivision (2) applies:
(A) the number for whom the
report was substantiated;
(B) the number for whom the
report was unsubstantiated;
(C) the number for whom the
report was determined to be false;
(D) the number who did not
receive services from the department under a state or federal program;
(E) the number who received
services, including preventative services, from the department under a
state or federal program; and
(F) the number who were
removed from the child's home during the preceding year;
(5) the number of families in
which the child was not removed, but the child or family received services
from the department;
(6) the number of children
who died during the preceding year as a result of child abuse or neglect;
(7) of the children to whom
Subdivision (6) applies, the number who were in foster care at the time of
death;
(8) the number of child
protective services workers responsible for report intake, assessment, or
investigation;
(9) the response time by the
department with respect to conducting an initial investigation of a report
of child abuse or neglect;
(10) the response time by the
department with respect to commencing services to families and children for
whom an allegation of abuse or neglect has been made;
(11) the number of children
who were returned to their families or who received family preservation
services and who, before the fifth anniversary of the date of return or
receipt, were the victims of substantiated reports of child abuse or
neglect, including abuse or neglect resulting in the death of the child;
(12) the number of cases
pursued by the department in each stage of the judicial process, including
civil and criminal proceedings and the results of each proceeding; [and]
(13) the number of children
for whom a person was appointed by the court to represent the best
interests of the child and the average number of out-of-court contacts
between the person and the child; and
(14) the number of
children who suffer from a mental illness, as
defined by Section 571.003, Health and Safety Code, and for whom the
department is appointed managing conservator because a person voluntarily
relinquished possession of the child
solely to obtain mental health services for the child.
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SECTION 2. Subsection (b),
Section 261.004, Family Code, is amended to read as follows:
(b) The department shall
report the following information:
(1) the number of initial
phone calls received by the department alleging abuse and neglect;
(2) the number of children
reported to the department as having been abused and neglected;
(3) the number of reports
received by the department alleging abuse or neglect and assigned by the
department for investigation;
(4) of the children to whom
Subdivision (2) applies:
(A) the number for whom the
report was substantiated;
(B) the number for whom the
report was unsubstantiated;
(C) the number for whom the
report was determined to be false;
(D) the number who did not
receive services from the department under a state or federal program;
(E) the number who received
services, including preventative services, from the department under a
state or federal program; and
(F) the number who were
removed from the child's home during the preceding year;
(5) the number of families in
which the child was not removed, but the child or family received services
from the department;
(6) the number of children
who died during the preceding year as a result of child abuse or neglect;
(7) of the children to whom
Subdivision (6) applies, the number who were in foster care at the time of
death;
(8) the number of child
protective services workers responsible for report intake, assessment, or
investigation;
(9) the response time by the
department with respect to conducting an initial investigation of a report
of child abuse or neglect;
(10) the response time by the
department with respect to commencing services to families and children for
whom an allegation of abuse or neglect has been made;
(11) the number of children
who were returned to their families or who received family preservation
services and who, before the fifth anniversary of the date of return or
receipt, were the victims of substantiated reports of child abuse or
neglect, including abuse or neglect resulting in the death of the child;
(12) the number of cases
pursued by the department in each stage of the judicial process, including
civil and criminal proceedings and the results of each proceeding; [and]
(13) the number of children
for whom a person was appointed by the court to represent the best
interests of the child and the average number of out-of-court contacts
between the person and the child; and
(14) the number of
children who suffer from a severe emotional
disturbance and for whom the department is appointed managing
conservator because a person voluntarily relinquished custody of the child solely to obtain mental
health services for the child.
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SECTION 2. Chapter 262,
Family Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. RELINQUISHING
CHILD TO OBTAIN CERTAIN SERVICES
Sec. 262.351. JOINT
MANAGING CONSERVATORSHIP OF CHILD. Before a person relinquishes possession of a child who suffers from a serious mental illness in order to obtain
mental health services for the child, the Department of Family and
Protective Services must notify the
person relinquishing possession of the
child of the option of seeking a court order for joint managing
conservatorship of the child with the department if that arrangement is in
the best interest of the child.
Sec. 262.352. STUDY TO
DEVELOP ALTERNATIVES TO RELINQUISHMENT OF PARENTAL
RIGHTS TO OBTAIN MENTAL HEALTH SERVICES. (a) The Department of
Family and Protective Services and the Department of State Health Services
shall jointly study, develop, and implement
changes necessary to prevent the practice of parents relinquishing parental rights of children with serious mental illness and placement in the
conservatorship of the Department of Family and Protective Services solely
to obtain mental health services for the child.
(b) As part of the study
under Subsection (a), the Department of Family and Protective Services and
the Department of State Health Services shall consider the advantages of
providing mental health services using temporary residential treatment and
intensive community-based services options, including:
(1) joint managing
conservatorship of the child by the Department of Family and Protective
Services and the child's parent;
(2) the Youth Empowerment
Services waiver program;
(3) systems of care
services;
(4) emergency respite
services; and
(5) diversion residential
treatment center services.
(c) Not later than
September 30, 2014, the Department of Family and Protective Services and
the Department of State Health Services shall file a report with the
legislature and the Council on Children and Families on the results of the
study required by Subsection (b). The report must include:
(1) any statutory changes needed to prevent the relinquishment of
parental rights;
(2) each option to prevent
relinquishment of parental rights
that was considered during the study;
(3) each option that was selected for implementation;
(4) the implementation status of each option; and
(5) the number of children
and families that are affected by the
implementation of each option.
(d) Not later than
September 30 of each even-numbered year after the date the report is filed
under Subsection (c), the Department of Family and Protective Services and
the Department of State Health Services shall update the report.
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SECTION 3. Chapter 262,
Family Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. RELINQUISHING
CHILD TO OBTAIN CERTAIN SERVICES
Sec. 262.351. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Severe emotional disturbance" has the meaning assigned
by Section 261.001.
Sec. 262.352. JOINT
MANAGING CONSERVATORSHIP OF CHILD. Before a person relinquishes custody of a child who suffers from a severe emotional disturbance in order to
obtain mental health services for the child, the department must, if it is
in the best interest of the child, discuss
with the person relinquishing custody
of the child the option of seeking a court order for joint managing
conservatorship of the child with the department.
Sec. 262.353. STUDY TO
DEVELOP ALTERNATIVES TO RELINQUISHMENT OF CUSTODY
TO OBTAIN MENTAL HEALTH SERVICES. (a) The department and the Department of
State Health Services shall jointly study and
develop recommendations to prevent the
practice of parents relinquishing custody
of children with a severe emotional
disturbance and placement of children
in the conservatorship of the department solely to obtain mental health
services for the child.
(b) As part of the study
under Subsection (a), the department and the Department of State Health
Services shall consider the advantages of providing mental health services
using temporary residential treatment and intensive community-based
services options, including:
(1) joint managing
conservatorship of the child by the department and the child's parent;
(2) the Youth Empowerment
Services waiver program;
(3) systems of care
services;
(4) emergency respite
services; and
(5) diversion residential
treatment center services.
(c) The executive commissioner of the Health and Human Services
Commission shall review the recommendations developed under Subsection (a)
and may direct the implementation of any recommendation that can be
implemented with the department's current resources.
(d) Not later than
September 30, 2014, the department and the Department of State Health
Services shall file a report with the legislature and the Council on
Children and Families on the results of the study required by Subsection
(a). The report must include:
(1) each option to prevent
relinquishment of parental custody
that was considered during the study;
(2) each option recommended for implementation, if any;
(3) each option that is implemented using existing resources;
(4) any policy or statutory change needed to implement a recommended
option;
(5) the fiscal impact of implementing each option, if any;
(6) the estimated number of children and families
that may be affected by the
implementation of each option; and
(7) any other significant information relating to the study.
(e) Not later than
September 30 of each even-numbered year after the date the initial report is filed under Subsection
(d), the department and the Department of State Health Services shall
update the report. The updated report must
include the implementation status of each recommended option under
Subsection (d).
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SECTION 3. Section 531.803,
Government Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) The council shall:
(1) analyze the biennial
legislative appropriations requests of members of the council for services
provided to children and their families and identify appropriations that,
through the coordination of members of the council, could be modified in
the next legislative appropriation request to eliminate waste or increase
available services and, not later than May 1 of each even-numbered year,
prepare a report recommending those modifications for consideration during
the development of the next biennial legislative appropriations request;
(2) investigate opportunities
to increase flexible funding for health, education, and human services provided
to children and their families;
(3) identify methods to
remove barriers to local coordination of health, education, and human
services provided to children and their families;
(4) identify methods to
ensure that children and youth receive appropriate assessment, diagnoses,
and intervention services;
(5) develop methods to
prevent unnecessary parental relinquishment of custody of children;
(6) prioritize assisting
children in family settings rather than institutional settings;
(7) make recommendations
to the executive commissioner to eliminate
the practice of including in the central registry of reported cases
of child abuse or neglect the name of a
person who relinquishes possession of the person's child to the
state solely for the purpose of obtaining mental health services for the
child;
(8) make
recommendations about family involvement in the provision and planning of
health, education, and human services for a child, including family partner
and liaison models; and
(9) [(8)] identify
technological methods to ensure the efficient and timely transfer of
information among state agencies providing health, education, and human
services to children and their families.
(a-1) The executive
commissioner shall review the council's recommendations under Subsection
(a)(7) and implement any changes necessary to
ensure that the central registry of reported cases of child abuse or
neglect does not include the name of a person who relinquishes possession
of the person's child to the state solely for the purpose of obtaining
mental health services for the child.
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SECTION 4. Section 531.803,
Government Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) The council shall:
(1) analyze the biennial
legislative appropriations requests of members of the council for services
provided to children and their families and identify appropriations that,
through the coordination of members of the council, could be modified in
the next legislative appropriation request to eliminate waste or increase
available services and, not later than May 1 of each even-numbered year,
prepare a report recommending those modifications for consideration during
the development of the next biennial legislative appropriations request;
(2) investigate opportunities
to increase flexible funding for health, education, and human services
provided to children and their families;
(3) identify methods to
remove barriers to local coordination of health, education, and human
services provided to children and their families;
(4) identify methods to
ensure that children and youth receive appropriate assessment, diagnoses,
and intervention services;
(5)
identify and develop methods and strategies to coordinate and enhance
prevention services for children and their families;
(6) develop methods to
prevent unnecessary parental relinquishment of custody of children and
make recommendations to the executive commissioner regarding options for improving the system for serving families who
relinquish, or are at risk of relinquishing,
custody of a child solely to obtain mental health services for the
child, after considering whether it would be
appropriate to serve those families without a finding of abuse or neglect
or without including the finding of abuse or neglect in the central
registry of reported cases of child abuse or neglect;
(7) [(6)] prioritize
assisting children in family settings rather than institutional settings;
(8) [(7)] make
recommendations about family involvement in the provision and planning of
health, education, and human services for a child, including family partner
and liaison models; and
(9) [(8)] identify
technological methods to ensure the efficient and timely transfer of
information among state agencies providing health, education, and human
services to children and their families.
(a-1) The executive
commissioner shall review the council's recommendations under Subsection
(a)(6) and direct the implementation of any
policy changes the executive commissioner determines necessary that can be
implemented using existing resources.
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