By: Wu H.B. No. 39

A BILL TO BE ENTITLED

AN ACT

relating to the child protective service functions of the Department of family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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.

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.

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.

SECTION 4. The heading to Section 552.1175, Government Code, is amended to read as follows:

Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND STATE JUDGES].

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.

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. The department shall designate an office as the nonprofit agency services coordinator to serve as a liaison between the department and nonprofit agencies that provide adoption services and assistance to families in crisis and children in care.

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.

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.

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].

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.

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.

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.

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.

SECTION 13. This Act takes effect September 1, 2017.