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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of county boards to oversee the |
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provision of child protective services in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Human Resources Code, is amended by |
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adding Subtitle F to read as follows: |
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SUBTITLE F. COUNTY OVERSIGHT OF CHILD PROTECTIVE SERVICES |
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CHAPTER 57. COUNTY CHILD PROTECTIVE SERVICES BOARDS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 57.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the child protective services board |
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for a county. |
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(2) "Department" means the Department of Family and |
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Protective Services. |
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SUBCHAPTER B. BOARD |
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Sec. 57.051. ESTABLISHMENT OF CHILD PROTECTIVE SERVICES |
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BOARD. (a) The commissioners court of a county with a population |
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of 300,000 or more shall establish a child protective services |
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board to oversee the child protective services provided in the |
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county. |
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(b) The commissioners court of a county with a population of |
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less than 300,000 may establish a child protective services board |
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to oversee the child protective services provided in the county. |
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(c) The commissioners courts of two or more counties may |
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agree to operate a combined board to oversee child protective |
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services in each county. |
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Sec. 57.052. COMPOSITION OF BOARD. (a) The commissioners |
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court of a county shall coordinate the appointment of members to the |
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board. The board is composed of the following members: |
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(1) except as provided by Subsection (b), each judge |
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of a district court in the county with jurisdiction over child |
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protective services cases, or the judge's appointed associate judge |
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who is assigned those cases; |
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(2) a representative from the office of the attorney |
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who represents the state in child protective services cases brought |
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in the county, selected by that office; |
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(3) the county judge of the county or a commissioners |
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court representative, selected by the commissioners court; |
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(4) one department employee in the regional office |
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located in the county, selected by the department; |
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(5) one court-appointed special advocate, selected by |
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a county child advocate organization designated by the |
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commissioners court; and |
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(6) except as provided by Subsection (c), one attorney |
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in the county who has experience as an attorney ad litem in child |
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protective services cases, selected by the board. |
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(b) If a county has more than six judges described by |
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Subsection (a)(1), the local administrative judge shall appoint |
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three of the described judges to serve on the board. |
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(c) The commissioners court of a county shall make the |
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initial appointment of the member described by Subsection (a)(6). |
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(d) The members who are selected for appointment under |
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Subsection (a) serve two-year terms and may be reappointed by the |
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selecting entity subject to the approval of the board or |
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commissioners court, as appropriate. |
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Sec. 57.053. PRESIDING OFFICER. The board shall elect one |
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of its members as presiding officer at the first regular board |
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meeting each calendar year. The presiding officer shall perform |
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the duties required by the board to accomplish the purposes of this |
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chapter. |
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Sec. 57.054. MEETINGS; PUBLIC INTEREST INFORMATION AND |
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PUBLIC ACCESS. (a) The board shall hold regular meetings each year |
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on dates set by the board and special meetings at the call of the |
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presiding officer. |
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(b) The board shall develop and implement policies that |
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provide the public with a reasonable opportunity to appear before |
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the board and to speak on any issue under the jurisdiction of the |
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board. |
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(c) The board shall prepare information of public interest |
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describing the functions of the board. The board shall make the |
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information available to the public and appropriate state agencies. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 57.101. DUTIES. (a) The board shall oversee, review, |
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and make recommendations related to the department's child |
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protective services program in the county, including: |
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(1) the protective services provided to children; |
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(2) the investigations of alleged abuse or neglect of |
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children; |
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(3) the family support and family preservation |
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services; |
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(4) the programs for early intervention or prevention |
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of at-risk behaviors that lead to child abuse, delinquency, running |
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away, truancy, and dropping out of school; and |
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(5) the policies, including financial policies, for |
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the provision of child protective services. |
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(b) The recommendations provided under Subsection (a) |
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should include procedures the department can implement to: |
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(1) reduce the number of abused and neglected children |
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in the county; |
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(2) increase the number of foster care placements in |
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the county for children residing in the county at the time of |
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initial placement in child protective services; |
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(3) increase foster parent recruiting in the county; |
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(4) reduce the time a child is placed in foster care; |
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(5) facilitate adoptions in the county for children |
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residing in the county at the time of initial placement in the |
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department's managing conservatorship; |
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(6) provide additional assistance to children aging |
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out of foster care and to children with special needs; and |
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(7) increase the treatment options and services |
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available to children in the managing conservatorship of the |
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department and to the children's families. |
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Sec. 57.102. CONFIDENTIALITY OF INFORMATION. (a) The |
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board shall establish and enforce policies governing the custody, |
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use, and preservation of the board's records and communications. |
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(b) The board shall prescribe safeguards to govern the use |
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or disclosure of privileged or confidential information relating to |
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the board's duties or to an investigation the board conducts in |
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performing its duties. The safeguards must be consistent with the |
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purposes of the board's duties and comply with applicable state and |
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federal law. |
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Sec. 57.103. REPORTS; APPROPRIATION REQUESTS. (a) A board |
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described by Section 57.051(a) shall and a board described by |
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Section 57.051(b) or (c) may annually prepare and submit to the |
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lieutenant governor, the speaker of the house of representatives, |
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and each member of the legislature a report on: |
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(1) the provision of child protective services in the |
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county; |
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(2) recommendations for changes in the provision of |
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child protective services in the county; and |
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(3) any other information required by the legislature. |
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(b) The board may submit any legislative appropriation |
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request related to the operations of the board to the department for |
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incorporation in the department's budget. |
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Sec. 57.104. IMMUNITY FROM LIABILITY. (a) A board member |
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is not liable for damages arising from an act or omission committed |
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while performing duties as a board member. |
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(b) This section does not apply if the act or omission is: |
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(1) reckless or intentional; |
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(2) done wilfully, wantonly, or with gross negligence; |
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or |
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(3) done with conscious indifference or reckless |
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disregard for the safety of others. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, each county with a population of 300,000 or more shall |
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establish a child protective services board for the county in |
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accordance with Chapter 57, Human Resources Code, as added by this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2017. |