| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the flexible response system for investigations of |
|
|
child abuse or neglect reports by the Department of Family and |
|
|
Protective Services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 261.3015, Family Code, is amended to |
|
|
read as follows: |
|
|
Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning |
|
|
priorities and prescribing investigative procedures based on the |
|
|
severity and immediacy of the alleged harm to a child under Section |
|
|
261.301(d), the department shall establish a flexible response |
|
|
system to allow the department to make the most effective use of |
|
|
resources to investigate and respond to reported [by investigating
|
|
|
serious] cases of abuse and neglect. |
|
|
(b) Notwithstanding Section 261.301, the department may, in |
|
|
accordance with this section and department rules, conduct an |
|
|
alternative response to a report of abuse or neglect if the report |
|
|
does not: |
|
|
(1) allege sexual abuse of a child; |
|
|
(2) allege abuse or neglect that caused the death of a |
|
|
child; or |
|
|
(3) indicate a risk of serious physical injury or |
|
|
immediate serious harm to a child. |
|
|
(c) The department may administratively close a reported |
|
|
case of abuse or neglect without completing the investigation or |
|
|
alternative response and without providing services or making a |
|
|
referral to another entity for assistance [and by screening out
|
|
|
less serious cases of abuse and neglect] if the department |
|
|
determines, after contacting a professional or other credible |
|
|
source, that the child's safety can be assured without further |
|
|
investigation, response, services, or assistance. |
|
|
(d) In determining how to classify a reported case of abuse |
|
|
or neglect under the flexible response system, the child's safety |
|
|
is the primary concern. [The department may administratively close
|
|
|
the less serious cases without providing services or making a
|
|
|
referral to another entity for assistance.
|
|
|
[(a-1)
For purposes of Subsection (a), a case is considered
|
|
|
to be a less serious case of abuse or neglect if the circumstances
|
|
|
of the case do not indicate an immediate risk of abuse or neglect
|
|
|
that could result in the death of or serious harm to the child who is
|
|
|
the subject of the case.
|
|
|
[(b)] The classification [under the flexible response
|
|
|
system] of a case may be changed as warranted by the circumstances. |
|
|
(e) An alternative response to a report of abuse or neglect |
|
|
must include: |
|
|
(1) a safety assessment of the child who is the subject |
|
|
of the report; |
|
|
(2) an assessment of the child's family; and |
|
|
(3) in collaboration with the child's family, |
|
|
identification of any necessary and appropriate service or support |
|
|
to reduce the risk of future harm to the child. |
|
|
(f) An alternative response to a report of abuse or neglect |
|
|
may not include a formal determination of whether the alleged abuse |
|
|
or neglect occurred. |
|
|
(g) [(c)] The department may implement the alternative |
|
|
[flexible] response in one or more of the department's |
|
|
administrative regions before implementing the system statewide |
|
|
[system by establishing a pilot program in a single department
|
|
|
service region]. The department shall study the results of the |
|
|
system in the regions where the system has been implemented |
|
|
[region] in determining the method by which to implement the system |
|
|
statewide. |
|
|
SECTION 2. Not later than December 1, 2013, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt the rules necessary to implement Section 261.3015, Family |
|
|
Code, as amended by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |