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A BILL TO BE ENTITLED
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AN ACT
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relating to the administrative closure of certain reported cases of |
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child abuse or neglect made to the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3017 to read as follows: |
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Sec. 261.3017. ABBREVIATED INVESTIGATION AND ADMINISTRATIVE |
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CLOSURE OF CERTAIN CASES. (a) A department caseworker may refer a |
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reported case of child abuse or neglect to a department supervisor |
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for abbreviated investigation or administrative closure at any time |
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before the 60th day after the date the report is received if: |
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(1) there is no prior report of abuse or neglect of the |
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child who is the subject of the report; |
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(2) the department has not received an additional |
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report of abuse or neglect of the child following the initial |
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report; and |
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(3) either: |
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(A) after contacting a professional or other |
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credible source, the caseworker determines that the child's safety |
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can be assured without further investigation, response, services, |
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or assistance; or |
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(B) the caseworker determines that no abuse or |
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neglect occurred. |
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(b) A department supervisor shall review each reported case |
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of child abuse or neglect that has remained open for more than 60 |
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days and administratively close the case if the supervisor |
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determines that the circumstances described by Subsections |
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(a)(1)-(3) exist and that closing the case would not expose the |
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child to an undue risk of harm. |
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(c) A department supervisor may reassign a reported case of |
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child abuse or neglect that does not qualify for abbreviated |
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investigation or administrative closure under Subsection (a) or (b) |
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to a different department caseworker if the supervisor determines |
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that reassignment would allow the department to make the most |
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effective use of resources to investigate and respond to reported |
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cases of abuse or neglect. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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(e) In this section, "professional" means an individual who |
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is licensed or certified by the state or who is an employee of a |
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facility licensed, certified, or operated by the state and who, in |
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the normal course of official duties or duties for which a license |
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or certification is required, has direct contact with children. |
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The term includes teachers, nurses, doctors, day-care employees, |
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employees of a clinic or health care facility that provides |
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reproductive services, juvenile probation officers, and juvenile |
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detention or correctional officers. |
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SECTION 2. Not later than December 1, 2017, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement Section 261.3017, Family |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |