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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Section 264.1075,
Family Code, is amended by amending Subsection (b) and adding Subsection
(c) to read as follows:
(b) As soon as possible
after a child is placed in the managing conservatorship of the
department [begins receiving foster care under this subchapter],
the department shall assess whether the child has a developmental or
intellectual disability.
(c) If the assessment
required by Subsection (b) indicates that the child might have an
intellectual disability, the department shall ensure that a referral for a
determination of intellectual disability is made as soon as possible and
that the determination is conducted by an authorized provider before the
date of the child's 16th birthday, if practicable. If the child is placed
in the managing conservatorship of the department after the child's 16th
birthday, the determination of intellectual disability must be conducted as
soon as possible after the assessment required by Subsection (b). In this
subsection, "authorized provider" has the meaning assigned by
Section 593.004, Health and Safety Code.
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No
equivalent provision.
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SECTION 2. Subchapter B,
Chapter 264, Family Code, is amended by adding Section 264.1076 to read as
follows:
Sec. 264.1076. MEDICAL
EXAMINATION REQUIRED. (a) This section applies only to a child who has
been taken into the conservatorship of the department and remains in the
conservatorship of the department for more than three business days other
than a child admitted to an inpatient medical facility.
(b) The department shall
ensure that each child described by Subsection (a) is examined by and
receives an initial medical examination and a mental health screening from
a physician or other health care provider authorized under state law to
conduct medical examinations not later than the end of the third business
day after the date the child enters the conservatorship of the department
or not later than the seventh business day after the date the child enters
the conservatorship of the department, if the child is located in a rural
area, as that term is defined by Section 845.002, Insurance Code.
(c) The department shall
collaborate with the commission and relevant medical practitioners to
develop guidelines for the medical examination conducted under this
section, including guidelines on the components to be included in the
examination.
(d) Not later than
December 31, 2019, the department shall submit a report to the standing
committees of the house of representatives and the senate with primary
jurisdiction over child protective services and foster care evaluating the
statewide implementation of the medical examination required by this
section. The report must include the level of compliance with the
requirements of this section in each region of the state. This subsection
expires September 1, 2021.
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No
equivalent provision.
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SECTION 3. Subchapter B,
Chapter 264, Family Code, is amended by adding Section 264.1131 to read as
follows:
Sec. 264.1131. FOSTER
CARE PROVIDER RECRUITMENT PLAN. In addition to foster parent recruitment
from nonprofit organizations and from organizations under Section 264.113,
the department shall, subject to the availability of funds, collaborate
with current foster and adoptive parents to develop and implement a foster
care provider recruitment plan. The plan must:
(1) use data analysis,
social media, partnerships with faith-based and volunteer organizations,
and other strategies for recruitment, including targeted and child-focused
recruitment;
(2) identify the number
of available foster care providers for children with high needs in order to
expand the use of therapeutic or treatment foster care for children in
those placements;
(3) require the provision
of:
(A) quality customer
service to prospective and current foster and adoptive parents; and
(B) assistance to
prospective foster parents with the certification and placement process;
(4) include strategies
for increasing the number of kinship providers;
(5) include strategies to
ensure that children in foster care do not have to transfer schools after
entering foster care, unless transferring is in the child's best interest;
and
(6) include programs to
support foster and adoptive families, including programs that provide
training, respite care, and peer assistance.
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SECTION 1. Subchapter B,
Chapter 264, Family Code, is amended by adding Section 264.1211 to read as
follows:
Sec. 264.1211. CAREER
DEVELOPMENT AND EDUCATION PROGRAM. The department may collaborate with local workforce development boards,
foster care transition centers, community and technical colleges, schools,
and any other appropriate workforce industry resource to create a program
that:
(1) assists foster care
youth and former foster care youth in obtaining:
(A) a high school diploma
or a high school equivalency certificate; and
(B) industry
certifications necessary for high demand occupations;
(2) provides career
guidance to foster care youth and former foster care youth; and
(3) informs foster care
youth and former foster care youth about
the tuition and fee
waivers for institutions of higher education that are available under
Section 54.366, Education Code.
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SECTION 4. Subchapter B,
Chapter 264, Family Code, is amended by adding Section 264.1211 to read as
follows:
Sec. 264.1211. CAREER
DEVELOPMENT AND EDUCATION PROGRAM. The department shall collaborate with foster
care youth and local workforce development boards, foster care
transition centers, community and technical colleges, schools, and any
other appropriate workforce industry resource to create a program that:
(1) assists foster care
youth and former foster care youth in obtaining:
(A) a high school diploma
or a high school equivalency certificate; and
(B) industry
certifications necessary for high demand occupations;
(2) provides career
guidance to foster care youth and former foster care youth; and
(3) informs foster care
youth and former foster care youth about:
(A) the tuition and fee
waivers for institutions of higher education that are available under
Section 54.366, Education Code; and
(B) available programs that provide housing assistance,
educational assistance, and any other service to assist foster care youth
and former foster care youth with transitioning to independent living.
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No
equivalent provision.
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SECTION 5. Section 264.903,
Family Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) The department
shall expedite the evaluation of a potential caregiver under this section
to ensure that the child is placed with a caregiver who has the ability to
protect the child from the alleged perpetrator of abuse or neglect against
the child.
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SECTION 2. Chapter 266,
Family Code, is amended by adding Section 266.0031 to read as follows:
Sec. 266.0031. INITIAL
MEDICAL AND PSYCHOLOGICAL ASSESSMENT; SCHEDULING OF SERVICES. (a) The
department shall conduct an initial medical and psychological assessment of
a child not later than the 14th day after the date the child is removed
from the child's home, or not later than the fifth day after the date of
removal for a child removed from the child's home because of an immediate
risk of abuse or neglect that could have resulted in the death of or
serious harm to the child.
(b) Following the initial
assessments of a child under Subsection (a), the department may, without
court approval, schedule for the child any preventive treatment, acute
medical service, or therapeutic and rehabilitative care to meet the child's
mental and physical needs. In scheduling a treatment, service, or care
under this subsection, the department shall adhere to the medical services
delivery model developed under Section 266.003.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 6. Subchapter B,
Chapter 402, Government Code, is amended by adding Section 402.040 to read
as follows:
Sec. 402.040. CHILD
PROTECTIVE SERVICES LIAISON. For each regional office of the Department of
Family and Protective Services that provides child protective services, the
attorney general shall appoint an employee to serve as a liaison to the
department for that regional office. The department is not required to
provide the liaison with an office in the department's regional office.
The liaison shall:
(1) serve as a point of
contact for the attorney general's office to increase communication between
the regional office and the attorney general's office;
(2) provide assistance to
the regional office in locating absent parents of children in the managing
conservatorship of the department; and
(3) provide to the
regional office information in the attorney general's child support
database that will enable the regional office to locate absent parents of
children in the managing conservatorship of the department.
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No
equivalent provision.
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SECTION 7. Sections
531.055(a), (b), and (e), Government Code, are amended to read as follows:
(a) The Health and Human
Services Commission, the Department of Family and Protective Services, the
Department of State Health Services, the Texas Education Agency [Each
health and human services agency], the Texas Correctional Office on
Offenders with Medical or Mental Impairments, the Texas Department of
Criminal Justice, the Texas Department of Housing and Community Affairs,
the Texas Workforce Commission, and the Texas Juvenile Justice Department
shall enter into a joint memorandum of understanding to promote a system of
local-level interagency staffing groups to identify and coordinate
services for persons needing multiagency services. The division within
the Health and Human Services Commission that coordinates the policy and
delivery of mental health services shall oversee the development and
implementation of the joint memorandum of understanding.
(b) The memorandum must:
(1) clarify the statutory
responsibilities of each agency in relation to persons needing multiagency services,
including subcategories for different services such as:
(A) [prevention,]
family preservation and strengthening;
(B) physical and
behavioral health care;
(C) prevention and early
intervention services, including services designed to prevent:
(i) child abuse;
(ii) neglect; or
(iii) delinquency,
truancy, or school dropout;
(D) diversion from
juvenile or criminal justice involvement;
(E) housing;
(F) [,] aging
in place;
(G) [,]
emergency shelter;
(H) [, diagnosis
and evaluation,] residential care;
(I) [,]
after-care;
(J) [,]
information and referral;[, medical care,] and
(K) investigation
services;
(2) include a functional
definition of "persons needing multiagency services";
(3) outline membership,
officers, and necessary standing committees of local-level interagency
staffing groups;
(4) define procedures aimed
at eliminating duplication of services relating to assessment and
diagnosis, treatment, residential placement and care, and case management
of persons needing multiagency services;
(5) define procedures for
addressing disputes between the agencies that relate to the agencies' areas
of service responsibilities;
(6) provide that each
local-level interagency staffing group includes:
(A) a local representative
of each agency;
(B) representatives of local
private sector agencies; and
(C) family members or
caregivers of persons needing multiagency services or other current or
previous consumers of multiagency services acting as general consumer
advocates;
(7) provide that the local
representative of each agency has authority to contribute agency resources
to solving problems identified by the local-level interagency staffing
group;
(8) provide that if a
person's needs exceed the resources of an agency, the agency may, with the consent
of the person's legal guardian, if applicable, submit a referral on behalf
of the person to the local-level interagency staffing group for
consideration;
(9) provide that a
local-level interagency staffing group may be called together by a representative
of any member agency;
(10) provide that an agency
representative may be excused from attending a meeting if the staffing
group determines that the age or needs of the person to be considered are
clearly not within the agency's service responsibilities, provided that
each agency representative is encouraged to attend all meetings to
contribute to the collective ability of the staffing group to solve a
person's need for multiagency services;
(11) define the relationship
between state-level interagency staffing groups and local-level interagency
staffing groups in a manner that defines, supports, and maintains local
autonomy;
(12) provide that records
that are used or developed by a local-level interagency staffing group or
its members that relate to a particular person are confidential and may not
be released to any other person or agency except as provided by this
section or by other law; and
(13) provide a procedure
that permits the agencies to share confidential information while
preserving the confidential nature of the information.
(e) The agencies shall
ensure that a state-level interagency staffing group provides:
(1) information and
guidance to local-level interagency staffing groups regarding:
(A) the availability of
programs and resources in the community; and
(B) best practices for
addressing the needs of persons with complex needs; and
(2) a biennial report
to the administrative head of each agency, the legislature, and the
governor that includes:
(A) [(1)] the
number of persons served through the local-level interagency staffing
groups and the outcomes of the services provided;
(B) [(2)] a
description of any barriers identified to the state's ability to provide
effective services to persons needing multiagency services; and
(C) [(3)] any
other information relevant to improving the delivery of services to persons
needing multiagency services.
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SECTION 3. Section
552.117(a), Government Code, is amended to read as follows:
(a) Information is excepted
from the requirements of Section 552.021 if it is information that relates
to the home address, home telephone number, emergency contact information,
or social security number of the following person or that reveals whether
the person has family members:
(1) a current or former
official or employee of a governmental body, except as otherwise provided
by Section 552.024;
(2) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or a security officer
commissioned under Section 51.212, Education Code, regardless of whether
the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former
employee of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department, regardless
of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or other law, a
reserve law enforcement officer, a commissioned deputy game warden, or a
corrections officer in a municipal, county, or state penal institution in
this state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security
officer as defined by Section 1702.002, Occupations Code, regardless of
whether the officer complies with Section 552.024 or 552.1175, as
applicable;
(6) an officer or employee
of a community supervision and corrections department established under
Chapter 76 who performs a duty described by Section 76.004(b), regardless
of whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former
employee of the office of the attorney general who is or was assigned to a
division of that office the duties of which involve law enforcement,
regardless of whether the current or former employee complies with Section
552.024 or 552.1175;
(8) a current or former
employee of the Texas Juvenile Justice Department or of the predecessors in
function of the department, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(9) a current or former
juvenile probation or supervision officer certified by the Texas Juvenile
Justice Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the current or
former officer complies with Section 552.024 or 552.1175;
(10) a current or former
employee of a juvenile justice program or facility, as those terms are
defined by Section 261.405, Family Code, regardless of whether the current
or former employee complies with Section 552.024 or 552.1175; [or]
(11) a current or former
member of the Texas military forces, as that term is defined by Section
437.001; or
(12) a current or former child protective services caseworker or
investigator for the Department of Family and Protective Services,
regardless of whether the caseworker or
investigator complies with Section 552.024 or 552.1175, or a current
or former employee of a department contractor performing child protective services caseworker or
investigator functions for the contractor on behalf of the
department.
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SECTION 8. Section
552.117(a), Government Code, is amended to read as follows:
(a) Information is excepted
from the requirements of Section 552.021 if it is information that relates
to the home address, home telephone number, emergency contact information,
or social security number of the following person or that reveals whether
the person has family members:
(1) a current or former
official or employee of a governmental body, except as otherwise provided
by Section 552.024;
(2) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or a security officer
commissioned under Section 51.212, Education Code, regardless of whether
the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former
employee of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department, regardless
of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as
defined by Article 2.12, Code of Criminal Procedure, or other law, a
reserve law enforcement officer, a commissioned deputy game warden, or a
corrections officer in a municipal, county, or state penal institution in
this state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security
officer as defined by Section 1702.002, Occupations Code, regardless of
whether the officer complies with Section 552.024 or 552.1175, as
applicable;
(6) an officer or employee
of a community supervision and corrections department established under
Chapter 76 who performs a duty described by Section 76.004(b), regardless
of whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former
employee of the office of the attorney general who is or was assigned to a
division of that office the duties of which involve law enforcement,
regardless of whether the current or former employee complies with Section
552.024 or 552.1175;
(8) a current or former
employee of the Texas Juvenile Justice Department or of the predecessors in
function of the department, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(9) a current or former
juvenile probation or supervision officer certified by the Texas Juvenile
Justice Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the current or
former officer complies with Section 552.024 or 552.1175;
(10) a current or former
employee of a juvenile justice program or facility, as those terms are
defined by Section 261.405, Family Code, regardless of whether the current
or former employee complies with Section 552.024 or 552.1175; [or]
(11) a current or former
member of the Texas military forces, as that term is defined by Section
437.001; or
(12) a current or former employee of the Department of Family
and Protective Services, regardless of whether the employee complies with Section 552.024 or 552.1175, or a
current or former employee of a department contractor performing services for the contractor on behalf
of the department.
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SECTION 4. The heading to
Section 552.1175, Government Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 5. Section
552.1175(a), Government Code, is amended to read as follows:
(a) This section applies
only to:
(1) peace officers as
defined by Article 2.12, Code of Criminal Procedure;
(2) county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former
employees of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department;
(4) commissioned security
officers as defined by Section 1702.002, Occupations Code;
(5) employees of a district
attorney, criminal district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees
of a community supervision and corrections department established under
Chapter 76 who perform a duty described by Section 76.004(b);
(7) criminal investigators
of the United States as described by Article 2.122(a), Code of Criminal
Procedure;
(8) police officers and
inspectors of the United States Federal Protective Service;
(9) current and former
employees of the office of the attorney general who are or were assigned to
a division of that office the duties of which involve law enforcement;
(10) current or former
juvenile probation and detention officers certified by the Texas Juvenile
Justice Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former
employees of a juvenile justice program or facility, as those terms are
defined by Section 261.405, Family Code;
(12) current or former
employees of the Texas Juvenile Justice Department or the predecessors in
function of the department; [and]
(13) federal judges and
state judges as defined by Section 13.0021, Election Code; and
(14) a current or former child protective services caseworker or
investigator for the Department of Family and Protective Services or
a current or former employee of a department contractor performing child protective services caseworker or
investigator functions for the contractor on behalf of the
department.
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SECTION 10. Section
552.1175(a), Government Code, is amended to read as follows:
(a) This section applies
only to:
(1) peace officers as
defined by Article 2.12, Code of Criminal Procedure;
(2) county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former
employees of the Texas Department of Criminal Justice or of the predecessor
in function of the department or any division of the department;
(4) commissioned security
officers as defined by Section 1702.002, Occupations Code;
(5) employees of a district
attorney, criminal district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees
of a community supervision and corrections department established under
Chapter 76 who perform a duty described by Section 76.004(b);
(7) criminal investigators
of the United States as described by Article 2.122(a), Code of Criminal
Procedure;
(8) police officers and
inspectors of the United States Federal Protective Service;
(9) current and former
employees of the office of the attorney general who are or were assigned to
a division of that office the duties of which involve law enforcement;
(10) current or former
juvenile probation and detention officers certified by the Texas Juvenile
Justice Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former
employees of a juvenile justice program or facility, as those terms are
defined by Section 261.405, Family Code;
(12) current or former
employees of the Texas Juvenile Justice Department or the predecessors in
function of the department; [and]
(13) federal judges and
state judges as defined by Section 13.0021, Election Code; and
(14) a current or former employee of the Department of Family
and Protective Services or a current or former employee of a department
contractor performing services
for the contractor on behalf of the department.
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SECTION 6. Subchapter B,
Chapter 40, Human Resources Code, is amended by adding Sections 40.0327,
40.0328, 40.036, and 40.038 to read as follows:
Sec. 40.0327. NONPROFIT
AGENCY SERVICES COORDINATOR.
Sec. 40.0328. CASEWORKER
CASELOAD MANAGEMENT SYSTEM. The department shall manage the duties of
caseworkers to maintain the safety of children in child protective services
by establishing a caseload management system that:
(1) assigns a risk score to each child in the
department's care based on an assessment of the current and
potential risk of harm to the child from abuse or neglect as provided by Section 40.0529;
(2) determines the appropriate
number of cases to be assigned to a caseworker based on the risk scores of the children assigned to the
caseworker; and
(3) proportionally limits the number of
children with higher risk scores
that may be assigned to any one caseworker.
Sec. 40.036. TRAUMA-BASED
CARE TRAINING REQUIREMENT FOR CASEWORKERS. The department shall ensure
that each child protective services caseworker who interacts with children
on a daily basis receives training in trauma-based care.
Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a) In
this section, "secondary trauma" means trauma incurred as a
consequence of a person's exposure to acute or chronic trauma.
(b) The department shall develop and make available a program
to provide ongoing support to caseworkers who experience secondary trauma
resulting from exposure to trauma in the course of the caseworker's
employment. The program must include critical incident stress debriefing.
The department may not require that a caseworker participate in the
program.
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SECTION 11. Subchapter B,
Chapter 40, Human Resources Code, is amended by adding Sections 40.0327,
40.0328, and 40.036 to read as follows:
Sec. 40.0327. NONPROFIT
AGENCY SERVICES COORDINATOR.
Sec. 40.0328. CASEWORKER
CASELOAD MANAGEMENT SYSTEM. (a) The department shall manage the duties of
caseworkers to maintain the safety of children in child protective services
by establishing a caseload management system that:
(1) assesses the current and potential risk
of harm from abuse or neglect to each child in the department's care;
(2) determines the
appropriate number of cases to be assigned to a caseworker based on the
risk assessment described by Subdivision
(1) for the children assigned to the caseworker; and
(3) limits the number of
children with a higher risk assessment
that may be assigned to any one caseworker.
(b) The department shall:
(1) make risk assessment guidelines available to the public and
accessible on the department's Internet website; and
(2) disclose the results of the assessment for a child to the
court and each party to the case before the date the full adversary hearing
is held under Section 262.201, Family Code.
(c) Information relating to the assessment performed under this
section is inadmissible as evidence in a court.
Sec. 40.036. TRAUMA-BASED
CARE TRAINING REQUIREMENT FOR CASEWORKERS. The department shall ensure
that each child protective services caseworker who interacts with children
on a daily basis receives evidence-based
training in trauma-based care.
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SECTION 7. Subchapter C,
Chapter 40, Human Resources Code, is amended by adding Section 40.0523 to
read as follows:
Sec. 40.0523. BEST
PRACTICES GUIDE FOR CHILD PROTECTIVE SERVICES CASES. (a) The University
of Houston, The University of Texas at Austin, and Texas A&M University
in collaboration with children's advocacy centers shall create a work group
to develop a best practices guide to establish uniform practices in child
protective services cases across this state. In developing the guide, the
work group may use any existing guide created by the department. The guide
must:
(1) describe the
different stages of a child protective services case, including intake,
initial investigation, assessment of the child and family, case planning,
court proceedings, case management services, and case closure;
(2) describe the roles
and responsibilities of the persons involved in each stage identified in
Subdivision (1); and
(3) include definitions
of commonly used terms, acronyms, model timelines and procedural flowcharts
for the most common child protective services cases, and a list by area of
services available to children and parents.
(b) The department shall
design the best practices guide to assist:
(1) an attorney representing
a child in a suit affecting the parent-child relationship filed by the
department;
(2) an attorney
representing a parent in a suit affecting the parent-child relationship
filed by the department;
(3) a judge presiding
over a case described in Subdivision (1);
(4) a guardian ad litem
representing a child in a case described by Subdivision (1);
(5) a child protective
services caseworker or investigator or a court-appointed volunteer
advocate;
(6) a caregiver or family
member associated with the child's case; and
(7) any other individual
involved in a child protective services case that the department determines
would benefit from the best practices guide.
(c) The department shall
include in the best practices guide:
(1) advice from people experienced
in the child protective services system on best practices in carrying out
the person's particular role in the process; and
(2) other information the
department determines could benefit a person serving in the child
protective services system.
(d) The department shall
update the best practices guide biannually.
(e) The department shall
make the best practices guide available on the department's Internet
website and may charge a reasonable fee for a printed copy of the guide.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 12. Subchapter C,
Chapter 40, Human Resources Code, is amended by adding Section 40.0523 to
read as follows:
Sec. 40.0523. RESOURCES
FOR CHILD PROTECTIVE SERVICES CASES.
The department shall
collaborate with the Office of Court Administration of the Texas Judicial
System, the Supreme Court of Texas Children's Commission, and any other
appropriate interested parties to compile and publish on the department's
Internet website resources, including links to other websites, for judges,
attorneys, and other persons involved in the child welfare system to
support consistent practices statewide.
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SECTION 8. Section
40.0528(d), Human Resources Code, is amended to read as follows:
(d) The department shall
measure the [In reporting information relating to] caseloads of
child protective services caseworkers [,] in accordance with
standards developed by [addition to reporting caseload by each
individual affected by the case,] the department. The standards
must include:
(1) the total number of
children involved in the case;
(2) the type of placement
for each child involved in the case;
(3) the total number of
placements for the case;
(4) the level of care
required for each child involved in the case;
(5) the level of department
intervention and parental or family services required for the case; and
(6) the level of
caseworker experience required to appropriately manage the case [shall
report the number of cases for each caseworker on the basis of family unit].
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No
equivalent provision.
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SECTION 9. Subchapter C,
Chapter 40, Human Resources Code, is amended by adding Section 40.0529 to
read as follows:
Sec. 40.0529. RISK OF
HARM ASSESSMENT. (a) The department shall establish an evidence-based
system for assessing the risk of harm to a child from abuse or neglect for
each child who is the subject of a report of abuse or neglect or of an
active child protective services case. The system shall provide a score
for each case on a scale from 1 for a child at the lowest risk of harm to
10 for a child at the highest risk of harm.
(b) The department, with
assistance from the Bush School of Government and Public Service at Texas
A&M University, the Lyndon B. Johnson School of Public Affairs at The
University of Texas, and the Graduate College of Social Work at the
University of Houston, shall study child protective services cases to
identify factors that indicate a risk of child abuse or neglect and develop
objective criteria to be used in the risk of harm assessment.
(c) In assessing the risk
of harm to a child from abuse or neglect, the department shall consider:
(1) the risk of harm a
parent poses to a child who remains in the child's home, including:
(A) the likelihood of the
child's death or serious injury; and
(B) the likelihood of
serious psychological harm to the child;
(2) the potential
psychological harm to a child who remains in the child's home;
(3) the potential
psychological harm to a child who is removed from the child's home;
(4) the risk of harm to a
child who is returned to the child's home; and
(5) the services required
to address the child's needs, including the child's medical and mental
health care needs.
(d) After the department
assigns a risk of harm assessment score to a child's case, the child protective
services caseworker for the child's case may adjust the score by up to one
point based on the caseworker's knowledge and experience with the child.
(e) The department shall
complete a risk of harm assessment for each child protective services case
before a court holds a full adversary hearing on the case and shall
periodically reassess the risk of harm to the child.
(f) The department shall
use the risk of harm assessment score when making decisions relating to:
(1) caseworker
assignments;
(2) parental access to
the child; and
(3) caseload limits for
caseworkers.
(g) The department may
only assign an experienced caseworker to a child protective services case
that has been assigned a high risk of harm assessment score.
(h) The risk of harm assessment
score is inadmissible in court as evidence.
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No
equivalent provision.
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SECTION 10. Subchapter C,
Chapter 42, Human Resources Code, is amended by adding Section 42.0533 to
read as follows:
Sec. 42.0533. EMERGENCY
PLACEMENT. (a) In this section, "emergency
placement" means
the temporary placement of
a child in a foster home, foster group home, agency foster home, or agency
foster group home for not more than 30 days.
(b) The department shall identify all licensed foster homes and
foster group homes or verified agency foster homes and agency foster group
homes that are able to accept the emergency placement of a child when a
safe and suitable long-term placement is not available. A licensed foster
home and foster group home and a verified agency foster home and agency
foster group home shall take an emergency placement on request of the
department or child placing agency.
(c) The department shall ensure that a child placed in an
emergency placement continues to attend the school in which the child was
enrolled immediately before the child was removed from the child's home or
another school in that school district if it is not in the best interest of
the child to remain in the same school.
(d) The department shall:
(1) develop procedures for the emergency placement of children;
and
(2) increase the number of foster homes, foster group homes,
agency foster homes, and agency foster group homes that are able to accept
the emergency placement of children.
(e) The executive commissioner shall adopt rules governing the
reimbursement of a foster home, a foster group home, an agency foster home,
or an agency foster group home that accepts the emergency placement of a
child.
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SECTION 13. Subchapter C,
Chapter 42, Human Resources Code, is amended by adding Section 42.0533 to
read as follows:
Sec. 42.0533. EMERGENCY
PLACEMENT. The department, in
consultation with affected providers and other interested parties, shall
evaluate the need for and develop any necessary protocols and any
associated best practice standards for the temporary placement of a child
for not more than 30 days in a foster home, foster group home, agency
foster home, agency foster group home,
or cottage home to allow the child to remain in the child's community while
the department secures a safe and suitable long-term placement for the
child.
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SECTION 11. Section
25.025(a), Tax Code, is amended to read as follows:
(a) This section applies
only to:
(1) a current or former
peace officer as defined by Article 2.12, Code of Criminal Procedure;
(2) a county jailer as
defined by Section 1701.001, Occupations Code;
(3) an employee of the Texas
Department of Criminal Justice;
(4) a commissioned security
officer as defined by Section 1702.002, Occupations Code;
(5) a victim of family violence
as defined by Section 71.004, Family Code, if as a result of the act of
family violence against the victim, the actor is convicted of a felony or a
Class A misdemeanor;
(6) a federal judge, a state
judge, or the spouse of a federal judge or state judge;
(7) a current or former
employee of a district attorney, criminal district attorney, or county or
municipal attorney whose jurisdiction includes any criminal law or child
protective services matters;
(8) an officer or employee
of a community supervision and corrections department established under
Chapter 76, Government Code, who performs a duty described by Section
76.004(b) of that code;
(9) a criminal investigator
of the United States as described by Article 2.122(a), Code of Criminal
Procedure;
(10) a police officer or
inspector of the United States Federal Protective Service;
(11) a current or former
United States attorney or assistant United States attorney and the spouse
and child of the attorney;
(12) a current or former
employee of the office of the attorney general who is or was assigned to a
division of that office the duties of which involve law enforcement;
(13) a medical examiner or
person who performs forensic analysis or testing who is employed by this
state or one or more political subdivisions of this state;
(14) a current or former
member of the United States armed forces who has served in an area that the
president of the United States by executive order designates for purposes
of 26 U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(15) a current or former
employee of the Texas Juvenile Justice Department or of the predecessors in
function of the department;
(16) a current or former
juvenile probation or supervision officer certified by the Texas Juvenile
Justice Department, or the predecessors in function of the department,
under Title 12, Human Resources Code; [and]
(17) a current or former
employee of a juvenile justice program or facility, as those terms are defined
by Section 261.405, Family Code; and
(18) a current or former child protective services caseworker or
investigator for the Department of Family and Protective Services or
a current or former employee of a department contractor performing child protective services caseworker or
investigator functions for the contractor on behalf of the
department.
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SECTION 14. Section
25.025(a), Tax Code, is amended to read as follows:
(a) This section applies
only to:
(1) a current or former
peace officer as defined by Article 2.12, Code of Criminal Procedure;
(2) a county jailer as
defined by Section 1701.001, Occupations Code;
(3) an employee of the Texas
Department of Criminal Justice;
(4) a commissioned security
officer as defined by Section 1702.002, Occupations Code;
(5) a victim of family
violence as defined by Section 71.004, Family Code, if as a result of the
act of family violence against the victim, the actor is convicted of a
felony or a Class A misdemeanor;
(6) a federal judge, a state
judge, or the spouse of a federal judge or state judge;
(7) a current or former
employee of a district attorney, criminal district attorney, or county or
municipal attorney whose jurisdiction includes any criminal law or child
protective services matters;
(8) an officer or employee
of a community supervision and corrections department established under
Chapter 76, Government Code, who performs a duty described by Section
76.004(b) of that code;
(9) a criminal investigator
of the United States as described by Article 2.122(a), Code of Criminal
Procedure;
(10) a police officer or
inspector of the United States Federal Protective Service;
(11) a current or former
United States attorney or assistant United States attorney and the spouse
and child of the attorney;
(12) a current or former
employee of the office of the attorney general who is or was assigned to a
division of that office the duties of which involve law enforcement;
(13) a medical examiner or
person who performs forensic analysis or testing who is employed by this
state or one or more political subdivisions of this state;
(14) a current or former
member of the United States armed forces who has served in an area that the
president of the United States by executive order designates for purposes
of 26 U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(15) a current or former
employee of the Texas Juvenile Justice Department or of the predecessors in
function of the department;
(16) a current or former
juvenile probation or supervision officer certified by the Texas Juvenile
Justice Department, or the predecessors in function of the department,
under Title 12, Human Resources Code; [and]
(17) a current or former
employee of a juvenile justice program or facility, as those terms are
defined by Section 261.405, Family Code; and
(18) a current or former employee of the Department of Family
and Protective Services or a current or former employee of a department
contractor performing services
for the contractor on behalf of the department.
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SECTION 12.
(a) Section 266.0031, Family Code, as added by this Act,
applies only to a child who enters the conservatorship of the Department of
Family and Protective Services on or after the effective date of this Act.
A child who enters the conservatorship of the Department of Family and
Protective Services before the effective date of this Act is governed by
the law in effect on the date the child entered foster care, and the former law is continued in effect
for that purpose.
(b) The changes in law made
by this Act to Sections 552.117 and 552.1175, Government Code, and Section
25.025, Tax Code, apply only to a request for information that is received
by a governmental body or an officer on or after the effective date of this
Act. A request for information that was received before the effective date
of this Act is governed by the law in effect on the date the request was
received, and the former law is continued in effect for that purpose.
(c) As soon as practicable
after the effective date of this Act, the Department of Family and
Protective Services shall establish and implement the caseload management
system as required under Section 40.0328, Human Resources Code, as added by
this Act.
(d)
Section 42.0529, Human Resources Code, as added by this Act applies only to
a child protective services case initiated on or after the effective date
of this Act. A child protective services case initiated before that date is
governed by the law in effect on the date the case began, and the former
law is continued in effect for that purpose.
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SECTION 15. (a) The changes in law made by this Act apply
to a suit affecting the parent-child relationship filed on or after the
effective date of this Act. A suit affecting the parent-child relationship
filed before the effective date of this Act is governed by the law in
effect on the date the suit was filed, and the former law is continued in
effect for that purpose.
(b)
Section 264.1076, Family Code, as added by this Act, applies only to
a child who enters the conservatorship of the Department of Family and
Protective Services on or after the effective date of this Act. A child
who enters the conservatorship of the Department of Family and Protective
Services before the effective date of this Act is governed by the law in
effect on the date the child entered the
conservatorship of the department, and the former law is continued
in effect for that purpose.
(c)
The Department of Family and Protective Services shall implement Section
264.1076, Family Code, as added by this Act, not later than December 31,
2018.
(d)
As soon as practicable after the effective date of this Act, but not later
than December 1, 2017, the Health and Human Services Commission, the
Department of Family and Protective Services, the Department of State
Health Services, the Texas Education Agency, the Texas Correctional Office
on Offenders with Medical or Mental Impairments, the Texas Department of
Criminal Justice, the Texas Department of Housing and Community Affairs,
the Texas Workforce Commission, and the Texas Juvenile Justice Department
shall update the joint memorandum of understanding required under Section
531.055, Government Code, as amended by this Act.
(e) The changes in law made
by this Act to Sections 552.117 and 552.1175, Government Code, and Section 25.025,
Tax Code, apply only to a request for information that is received by a
governmental body or an officer on or after the effective date of this Act.
A request for information that was received before the effective date of
this Act is governed by the law in effect on the date the request was
received, and the former law is continued in effect for that purpose.
(f) As soon as practicable
after the effective date of this Act, the Department of Family and
Protective Services shall establish and implement the caseload management
system as required under Section 40.0328, Human Resources Code, as added by
this Act.
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SECTION 13. This Act takes
effect September 1, 2017.
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SECTION 16. Same as
introduced version.
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