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A BILL TO BE ENTITLED
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AN ACT
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relating to maintaining and reporting certain information |
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regarding certain child abuse or neglect cases and the provision of |
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mental health services for children in those cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 261.004, Family Code, is |
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amended to read as follows: |
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(b) The department shall report the following information: |
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(1) the number of initial phone calls received by the |
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department alleging abuse and neglect; |
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(2) the number of children reported to the department |
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as having been abused and neglected; |
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(3) the number of reports received by the department |
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alleging abuse or neglect and assigned by the department for |
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investigation; |
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(4) of the children to whom Subdivision (2) applies: |
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(A) the number for whom the report was |
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substantiated; |
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(B) the number for whom the report was |
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unsubstantiated; |
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(C) the number for whom the report was determined |
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to be false; |
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(D) the number who did not receive services from |
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the department under a state or federal program; |
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(E) the number who received services, including |
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preventative services, from the department under a state or federal |
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program; and |
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(F) the number who were removed from the child's |
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home during the preceding year; |
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(5) the number of families in which the child was not |
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removed, but the child or family received services from the |
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department; |
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(6) the number of children who died during the |
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preceding year as a result of child abuse or neglect; |
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(7) of the children to whom Subdivision (6) applies, |
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the number who were in foster care at the time of death; |
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(8) the number of child protective services workers |
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responsible for report intake, assessment, or investigation; |
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(9) the response time by the department with respect |
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to conducting an initial investigation of a report of child abuse or |
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neglect; |
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(10) the response time by the department with respect |
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to commencing services to families and children for whom an |
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allegation of abuse or neglect has been made; |
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(11) the number of children who were returned to their |
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families or who received family preservation services and who, |
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before the fifth anniversary of the date of return or receipt, were |
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the victims of substantiated reports of child abuse or neglect, |
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including abuse or neglect resulting in the death of the child; |
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(12) the number of cases pursued by the department in |
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each stage of the judicial process, including civil and criminal |
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proceedings and the results of each proceeding; [and] |
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(13) the number of children for whom a person was |
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appointed by the court to represent the best interests of the child |
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and the average number of out-of-court contacts between the person |
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and the child; and |
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(14) the number of children who suffer from a mental |
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illness, as defined by Section 571.003, Health and Safety Code, and |
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for whom the department is appointed managing conservator because a |
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person voluntarily relinquished possession of the child solely to |
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obtain mental health services for the child. |
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SECTION 2. Chapter 262, Family Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES |
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Sec. 262.351. JOINT MANAGING CONSERVATORSHIP OF CHILD. |
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Before a person relinquishes possession of a child who suffers from |
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a serious mental illness in order to obtain mental health services |
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for the child, the Department of Family and Protective Services |
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must notify the person relinquishing possession of the child of the |
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option of seeking a court order for joint managing conservatorship |
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of the child with the department if that arrangement is in the best |
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interest of the child. |
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Sec. 262.352. STUDY TO DEVELOP ALTERNATIVES TO |
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RELINQUISHMENT OF PARENTAL RIGHTS TO OBTAIN MENTAL HEALTH SERVICES. |
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(a) The Department of Family and Protective Services and the |
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Department of State Health Services shall jointly study, develop, |
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and implement changes necessary to prevent the practice of parents |
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relinquishing parental rights of children with serious mental |
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illness and placement in the conservatorship of the Department of |
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Family and Protective Services solely to obtain mental health |
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services for the child. |
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(b) As part of the study under Subsection (a), the |
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Department of Family and Protective Services and the Department of |
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State Health Services shall consider the advantages of providing |
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mental health services using temporary residential treatment and |
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intensive community-based services options, including: |
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(1) joint managing conservatorship of the child by the |
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Department of Family and Protective Services and the child's |
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parent; |
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(2) the Youth Empowerment Services waiver program; |
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(3) systems of care services; |
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(4) emergency respite services; and |
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(5) diversion residential treatment center services. |
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(c) Not later than September 30, 2014, the Department of |
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Family and Protective Services and the Department of State Health |
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Services shall file a report with the legislature and the Council on |
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Children and Families on the results of the study required by |
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Subsection (b). The report must include: |
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(1) any statutory changes needed to prevent the |
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relinquishment of parental rights; |
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(2) each option to prevent relinquishment of parental |
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rights that was considered during the study; |
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(3) each option that was selected for implementation; |
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(4) the implementation status of each option; and |
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(5) the number of children and families that are |
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affected by the implementation of each option. |
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(d) Not later than September 30 of each even-numbered year |
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after the date the report is filed under Subsection (c), the |
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Department of Family and Protective Services and the Department of |
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State Health Services shall update the report. |
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SECTION 3. Section 531.803, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The council shall: |
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(1) analyze the biennial legislative appropriations |
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requests of members of the council for services provided to |
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children and their families and identify appropriations that, |
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through the coordination of members of the council, could be |
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modified in the next legislative appropriation request to eliminate |
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waste or increase available services and, not later than May 1 of |
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each even-numbered year, prepare a report recommending those |
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modifications for consideration during the development of the next |
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biennial legislative appropriations request; |
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(2) investigate opportunities to increase flexible |
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funding for health, education, and human services provided to |
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children and their families; |
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(3) identify methods to remove barriers to local |
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coordination of health, education, and human services provided to |
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children and their families; |
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(4) identify methods to ensure that children and youth |
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receive appropriate assessment, diagnoses, and intervention |
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services; |
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(5) develop methods to prevent unnecessary parental |
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relinquishment of custody of children; |
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(6) prioritize assisting children in family settings |
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rather than institutional settings; |
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(7) make recommendations to the executive |
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commissioner to eliminate the practice of including in the central |
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registry of reported cases of child abuse or neglect the name of a |
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person who relinquishes possession of the person's child to the |
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state solely for the purpose of obtaining mental health services |
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for the child; |
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(8) make recommendations about family involvement in |
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the provision and planning of health, education, and human services |
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for a child, including family partner and liaison models; and |
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(9) [(8)] identify technological methods to ensure |
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the efficient and timely transfer of information among state |
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agencies providing health, education, and human services to |
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children and their families. |
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(a-1) The executive commissioner shall review the council's |
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recommendations under Subsection (a)(7) and implement any changes |
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necessary to ensure that the central registry of reported cases of |
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child abuse or neglect does not include the name of a person who |
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relinquishes possession of the person's child to the state solely |
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for the purpose of obtaining mental health services for the child. |
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SECTION 4. This Act takes effect September 1, 2013. |
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