|
|
|
|
AN ACT
|
|
relating to the administrative closure of certain reported cases of |
|
child abuse or neglect made to the Department of Family and |
|
Protective Services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter D, Chapter 261, Family Code, is |
|
amended by adding Section 261.3017 to read as follows: |
|
Sec. 261.3017. ABBREVIATED INVESTIGATION AND ADMINISTRATIVE |
|
CLOSURE OF CERTAIN CASES. (a) A department caseworker may refer a |
|
reported case of child abuse or neglect to a department supervisor |
|
for abbreviated investigation or administrative closure at any time |
|
before the 60th day after the date the report is received if: |
|
(1) there is no prior report of abuse or neglect of the |
|
child who is the subject of the report; |
|
(2) the department has not received an additional |
|
report of abuse or neglect of the child following the initial |
|
report; |
|
(3) after contacting a professional or other credible |
|
source, the caseworker determines that the child's safety can be |
|
assured without further investigation, response, services, or |
|
assistance; and |
|
(4) the caseworker determines that no abuse or neglect |
|
occurred. |
|
(b) A department supervisor shall review each reported case |
|
of child abuse or neglect that has remained open for more than 60 |
|
days and administratively close the case if: |
|
(1) the supervisor determines that: |
|
(A) the circumstances described by Subsections |
|
(a)(1)-(4) exist; and |
|
(B) closing the case would not expose the child |
|
to an undue risk of harm; and |
|
(2) the department director grants approval for the |
|
administrative closure of the case. |
|
(c) A department supervisor may reassign a reported case of |
|
child abuse or neglect that does not qualify for abbreviated |
|
investigation or administrative closure under Subsection (a) or (b) |
|
to a different department caseworker if the supervisor determines |
|
that reassignment would allow the department to make the most |
|
effective use of resources to investigate and respond to reported |
|
cases of abuse or neglect. |
|
(d) The executive commissioner shall adopt rules necessary |
|
to implement this section. |
|
(e) In this section, "professional" means an individual who |
|
is licensed or certified by the state or who is an employee of a |
|
facility licensed, certified, or operated by the state and who, in |
|
the normal course of official duties or duties for which a license |
|
or certification is required, has direct contact with children. |
|
The term includes teachers, nurses, doctors, day-care employees, |
|
employees of a clinic or health care facility that provides |
|
reproductive services, juvenile probation officers, and juvenile |
|
detention or correctional officers. |
|
SECTION 2. Not later than December 1, 2017, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt the rules necessary to implement Section 261.3017, Family |
|
Code, as added by this Act. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 190 passed the Senate on |
|
April 20, 2017, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendment on May 25, 2017, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 190 passed the House, with |
|
amendment, on May 19, 2017, by the following vote: Yeas 143, |
|
Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |