88R22225 BDP-F
 
  By: Noble H.B. No. 4351
 
  Substitute the following for H.B. No. 4351:
 
  By:  Klick C.S.H.B. No. 4351
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the training program required for certain employees of
  the Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 40.035, Human Resources Code, is amended
  by amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  The department shall develop and implement a training
  program that, except as provided by Subsection (a-1), each newly
  hired or assigned department employee must successfully complete
  before:
               (1)  initiating an investigation of a report of alleged
  abuse, neglect, or exploitation of an elderly person or person with
  a disability under Chapter 48; or
               (2)  providing protective services to elderly persons
  or persons with disabilities under that chapter.
         (a-1)  A newly hired or assigned department employee may
  initiate an investigation of a report of alleged abuse, neglect, or
  exploitation of an elderly person or a person with a disability
  under Chapter 48 or provide protective services to an elderly
  person or a person with a disability under that chapter only if the
  employee:
               (1)  is in the process of receiving the training
  required by Subsection (a); and
               (2)  initiates the investigation or provides
  protective services under the direct supervision of the person who
  is providing the training to the employee.
         (b)  The training program must:
               (1)  provide the employee [person] with appropriate
  comprehensive information regarding:
                     (A)  the incidence and types of reports of abuse,
  neglect, and exploitation of elderly persons or persons with
  disabilities that are received by the department, including
  information concerning false reports; and
                     (B)  the use and proper implementation of:
                           (i)  the risk assessment criteria developed
  under Section 48.004;
                           (ii)  the criteria used by caseworkers to
  determine whether elderly persons or persons with disabilities lack
  capacity to consent to receive protective services; and
                           (iii)  the legal procedures available under
  Chapter 48 for the protection of elderly persons or persons with
  disabilities, including the procedures for obtaining a court order
  for emergency protective services under Section 48.208;
               (2)  include best practices for management of a case
  from the intake process to the provision of protective services,
  including criteria that specify the circumstances under which an
  employee should:
                     (A)  consult a supervisor regarding a case; or
                     (B)  refer an elderly person or person with a
  disability to an appropriate public agency or community service
  provider for guardianship or other long-term services after the
  delivery of protective services to that person has been completed;
               (3)  provide appropriate specialized training in any
  necessary topics, including:
                     (A)  investigation of suspected identity theft
  and other forms of financial exploitation and suspected
  self-neglect; and
                     (B)  establishment and maintenance of working
  relationships with community organizations and other local
  providers who provide services to elderly persons and persons with
  disabilities;
               (4)  include on-the-job training, which must require
  another department caseworker with more experience to accompany and
  train the caseworker in the field;
               (5)  provide for the development of individualized
  training plans;
               (6)  include training in working with law enforcement
  agencies and the court system when legal intervention is sought for
  investigations or emergency orders;
               (7)  to the maximum extent possible, include nationally
  recognized best practices in addition to the best practices
  required under Subdivision (2); and
               (8)  include testing, progress reports, or other
  evaluations to assess the performance of trainees.
         SECTION 2.  Section 40.035, Human Resources Code, as amended
  by this Act, applies to an employee who is enrolled in the training
  program on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.