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A BILL TO BE ENTITLED
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AN ACT
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relating to developing and maintaining risk assessment criteria for |
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use by department personnel in determining whether an elderly or |
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disabled person is in imminent risk of abuse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 48.004, Human Resources Code, is |
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amended to read as follows: |
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Sec. 48.004. RISK ASSESSMENT. (a) The executive |
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commissioner by rule shall develop and maintain risk assessment |
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criteria for use by department personnel in determining whether an |
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elderly or disabled person is in imminent risk of abuse, neglect, or |
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exploitation or in a state of abuse, neglect, or exploitation and |
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needs protective services. The criteria must: |
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(1) provide for a comprehensive assessment of the |
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person's: |
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(A) environmental, physical, medical, mental |
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health, and financial condition; |
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(B) social interaction and support; and |
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(C) need for legal intervention; and |
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(2) specify the circumstances under which a caseworker |
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must consult with a supervisor regarding a case. |
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(b) Notwithstanding section 48.002(a)(5), the department |
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shall, out of funds appropriated, implement a pilot program to |
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evaluate the feasibility and any associated benefits of providing |
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protective services when an elderly or disabled person has been |
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determined to be at risk of future harm from abuse, neglect, or |
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exploitation using the risk assessment criteria described in |
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subsection (a). The provision of protective services in an area in |
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which the pilot has been implemented does not require that an |
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elderly or disabled person be in a state of abuse, neglect, or |
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exploitation. |
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Section 2. The department shall implement the pilot program |
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described in section 48.004(b), Human Resources Code, not later |
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than January 1, 2016 and may be conducted through August 31, 2017. |
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DFPS shall submit a report of preliminary findings from the program |
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to the Governor, Lieutenant Governor, and appropriate legislative |
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committees having oversight over the Adult Protective Services |
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division not later than December 15, 2016 and on any additional |
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findings not later than December 15, 2017. |
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Section 3. Subsection (b), section 48.004, Human Resources |
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Code, expires August 31, 2017. |
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Section 4. This Act takes effect September 1, 2015. |