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A BILL TO BE ENTITLED
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AN ACT
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relating to a system for assessing the potential risk of harm to |
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children in child protective services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.0529 to read as follows: |
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Sec. 40.0529. RISK OF HARM ASSESSMENT. (a) The department |
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shall establish a system for assessing the risk of harm to a child |
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from abuse or neglect for each child who is the subject of a report |
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of abuse or neglect or of an active child protective services case. |
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The system shall provide a score for each case on a scale from 1 for |
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a child at the lowest risk of harm to 10 for a child at the highest |
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risk of harm. |
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(b) The department, with assistance from the Bush School of |
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Government and Public Service at Texas A&M University, the Lyndon |
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B. Johnson School of Public Affairs at The University of Texas, and |
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the Graduate College of Social Work at the University of Houston, |
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shall study child protective services cases to identify factors |
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that indicate a risk of child abuse or neglect and develop objective |
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criteria to be used in the risk of harm assessment. |
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(c) In assessing the risk of harm to a child from abuse or |
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neglect, the department shall consider: |
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(1) the risk of harm a parent poses to a child who |
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remains in the child's home, including: |
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(A) the likelihood of the child's death or |
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serious injury; and |
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(B) the likelihood of serious psychological harm |
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to the child; |
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(2) the potential psychological harm to a child who |
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remains in the child's home; |
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(3) the potential psychological harm to a child who is |
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removed from the child's home; |
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(4) the risk of harm to a child who is returned to the |
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child's home; and |
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(5) the services required to address the child's |
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needs, including the child's medical and mental health care needs. |
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(d) After the department assigns a risk of harm assessment |
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score to a child's case, the child protective services caseworker |
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for the child's case may adjust the score by one point based on the |
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caseworker's knowledge and experience with the child. |
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(e) The department shall complete a risk of harm assessment |
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for each child protective services case before a court holds a full |
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adversary hearing on the case and shall periodically reassess the |
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risk of harm to the child. |
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(f) The department shall use the risk of harm assessment |
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score when making decisions relating to: |
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(1) caseworker assignments; |
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(2) parental access to the child; |
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(3) attorney assignments; and |
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(4) caseload limits for caseworkers. |
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(g) The department may only assign an experienced |
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caseworker to a child protective services case that has been |
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assigned a high risk of harm assessment score. |
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(h) The risk of harm assessment score is inadmissible in |
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court as evidence. |
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SECTION 2. The change in law made by this Act applies only |
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to a child protective services case started on or after the |
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effective date of this Act. A child protective services case |
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started before that date is governed by the law in effect on the |
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date the case began, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |