By: Nelson S.B. No. 423
 
  (Raymond)
 
   
 
 
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.