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AN ACT
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relating to studying the causes of and making recommendations for |
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reducing child fatalities, including fatalities from the abuse and |
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neglect of children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (c), Section 264.502, Family |
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Code, are amended to read as follows: |
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(b) The members of the committee who serve under Subsections |
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(a)(1) through (3) shall select the following additional committee |
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members: |
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(1) a criminal prosecutor involved in prosecuting |
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crimes against children; |
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(2) a sheriff; |
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(3) a justice of the peace; |
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(4) a medical examiner; |
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(5) a police chief; |
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(6) a pediatrician experienced in diagnosing and |
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treating child abuse and neglect; |
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(7) a child educator; |
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(8) a child mental health provider; |
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(9) a public health professional; |
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(10) a child protective services specialist; |
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(11) a sudden infant death syndrome family service |
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provider; |
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(12) a neonatologist; |
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(13) a child advocate; |
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(14) a chief juvenile probation officer; |
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(15) a child abuse prevention specialist; |
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(16) a representative of the Department of Public |
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Safety; [and] |
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(17) a representative of the Texas Department of |
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Transportation; |
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(18) an emergency medical services provider; and |
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(19) a provider of services to, or an advocate for, |
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victims of family violence. |
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(c) Members of the committee selected under Subsection (b) |
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serve three-year terms with the terms of [five or] six or seven |
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members, as appropriate, expiring February 1 each year. |
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SECTION 2. Subsection (f), Section 264.503, Family Code, is |
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amended to read as follows: |
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(f) [The committee shall issue a report for each preventable
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child death.
The report must include findings related to the
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child's death, recommendations on how to prevent similar deaths,
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and details surrounding the department's involvement with the child
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prior to the child's death.] Not later than April 1 of each |
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even-numbered year, the committee shall publish a report that |
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contains aggregate child fatality data collected by local child |
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fatality review teams, recommendations to prevent child fatalities |
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and injuries, and recommendations to the department on child |
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protective services operations based on input from the child safety |
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review subcommittee. The committee shall [compilation of the
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reports published under this subsection during the year,] submit a |
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copy of the report [compilation] to the governor, lieutenant |
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governor, speaker of the house of representatives, Department of |
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State Health Services, and department[,] and make the report |
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[compilation] available to the public. Not later than October 1 of |
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each even-numbered year, the department shall submit a written |
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response to [on] the committee's recommendations [compilation from
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the previous year] to the committee, governor, lieutenant governor, |
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[and] speaker of the house of representatives, and Department of |
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State Health Services describing which of the committee's |
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recommendations regarding the operation of the child protective |
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services system the department will implement and the methods of |
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implementation. |
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SECTION 3. (a) The Protect Our Kids Commission is composed |
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of six members appointed by the governor, one of whom shall be |
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designated as presiding officer, three members appointed by the |
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lieutenant governor, three members appointed by the speaker of the |
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house of representatives, one member with experience in behavioral |
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health and substance abuse appointed by the commissioner of the |
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Department of State Health Services, one member who represents the |
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Department of Family and Protective Services appointed by the |
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commissioner of the department, and one member who represents the |
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Office of Title V and Family Health of the Department of State |
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Health Services appointed by the office director. |
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(b) Each member appointed to the commission must have |
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experience relating to the study of the relationship between child |
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protective services and child welfare services and child abuse and |
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neglect fatalities. |
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(c) In making appointments to the commission, each |
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appointing authority shall make every effort to select individuals |
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whose expertise is not already represented by other members of the |
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commission and who reflect the geographical, cultural, racial, and |
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ethnic diversity of the state. |
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(d) Members of the commission serve without compensation |
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and are not entitled to reimbursement for expenses. |
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(e) The commission shall study the relationship between |
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child protective services and child welfare services and the rate |
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of child abuse and neglect fatalities. |
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(f) The commission shall: |
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(1) identify promising practices and evidence-based |
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strategies to address and reduce fatalities from child abuse and |
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neglect; |
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(2) develop recommendations and identify resources |
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necessary to reduce fatalities from child abuse and neglect for |
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implementation by state and local agencies and private sector and |
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nonprofit organizations, including recommendations to implement a |
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comprehensive statewide strategy for reducing those fatalities; |
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and |
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(3) develop guidelines for the types of information |
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that should be tracked to improve interventions to prevent |
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fatalities from child abuse and neglect. |
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(g) The commission may accept gifts and grants of money, |
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property, and services from any source to be used to conduct a |
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function of the commission. |
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(h) Not later than December 1, 2015, the commission shall |
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submit to the governor, lieutenant governor, and speaker of the |
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house of representatives a report containing: |
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(1) the commission's findings and a complete |
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explanation of each of the commission's recommendations; |
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(2) proposed legislation necessary to implement the |
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recommendations made in the report; and |
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(3) any administrative recommendations proposed by |
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the commission. |
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(i) The commission is not subject to Chapter 2110, |
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Government Code. |
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(j) The Protect Our Kids Commission is abolished and this |
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section expires December 31, 2015. |
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SECTION 4. The members of the child fatality review team |
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committee under Subsection (a), Section 264.502, Family Code, |
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responsible for selecting the additional members of the committee |
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required by Subsection (b), Section 264.502, Family Code, as |
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amended by this Act, shall make those appointments not later than |
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November 1, 2013. |
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SECTION 5. This Act takes effect September 1, 2013. |
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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. 66 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2013, by the |
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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. 66 passed the House, with |
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amendment, on May 20, 2013, by the following vote: Yeas 147, |
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Nays 0, two 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 |