Bill Text: TX HB39 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of child protective services and other health and human services by certain state agencies; authorizing a fee.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [HB39 Detail]
Download: Texas-2017-HB39-Introduced.html
Bill Title: Relating to the provision of child protective services and other health and human services by certain state agencies; authorizing a fee.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [HB39 Detail]
Download: Texas-2017-HB39-Introduced.html
By: Wu | H.B. No. 39 |
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relating to the child protective service functions of the | ||
Department of family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.1211 to read as follows: | ||
Sec. 264.1211. CAREER DEVELOPMENT AND EDUCATION PROGRAM. | ||
The department may collaborate with local workforce development | ||
boards, foster care transition centers, community and technical | ||
colleges, schools, and any other appropriate workforce industry | ||
resource to create a program that: | ||
(1) assists foster care youth and former foster care | ||
youth in obtaining: | ||
(A) a high school diploma or a high school | ||
equivalency certificate; and | ||
(B) industry certifications necessary for high | ||
demand occupations; | ||
(2) provides career guidance to foster care youth and | ||
former foster care youth; and | ||
(3) informs foster care youth and former foster care | ||
youth about the tuition and fee waivers for institutions of higher | ||
education that are available under Section 54.366, Education Code. | ||
SECTION 2. Chapter 266, Family Code, is amended by adding | ||
Section 266.0031 to read as follows: | ||
Sec. 266.0031. INITIAL MEDICAL AND PSYCHOLOGICAL | ||
ASSESSMENT; SCHEDULING OF SERVICES. (a) The department shall | ||
conduct an initial medical and psychological assessment of a child | ||
not later than the 14th day after the date the child is removed from | ||
the child's home, or not later than the fifth day after the date of | ||
removal for a child removed from the child's home because of an | ||
immediate risk of abuse or neglect that could have resulted in the | ||
death of or serious harm to the child. | ||
(b) Following the initial assessments of a child under | ||
Subsection (a), the department may, without court approval, | ||
schedule for the child any preventive treatment, acute medical | ||
service, or therapeutic and rehabilitative care to meet the child's | ||
mental and physical needs. In scheduling a treatment, service, or | ||
care under this subsection, the department shall adhere to the | ||
medical services delivery model developed under Section 266.003. | ||
SECTION 3. Section 552.117(a), Government Code, is amended | ||
to read as follows: | ||
(a) Information is excepted from the requirements of | ||
Section 552.021 if it is information that relates to the home | ||
address, home telephone number, emergency contact information, or | ||
social security number of the following person or that reveals | ||
whether the person has family members: | ||
(1) a current or former official or employee of a | ||
governmental body, except as otherwise provided by Section 552.024; | ||
(2) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or a security officer commissioned under | ||
Section 51.212, Education Code, regardless of whether the officer | ||
complies with Section 552.024 or 552.1175, as applicable; | ||
(3) a current or former employee of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department, regardless of | ||
whether the current or former employee complies with Section | ||
552.1175; | ||
(4) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or other law, a reserve law enforcement | ||
officer, a commissioned deputy game warden, or a corrections | ||
officer in a municipal, county, or state penal institution in this | ||
state who was killed in the line of duty, regardless of whether the | ||
deceased complied with Section 552.024 or 552.1175; | ||
(5) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code, regardless of whether the | ||
officer complies with Section 552.024 or 552.1175, as applicable; | ||
(6) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76 who | ||
performs a duty described by Section 76.004(b), regardless of | ||
whether the officer or employee complies with Section 552.024 or | ||
552.1175; | ||
(7) a current or former employee of the office of the | ||
attorney general who is or was assigned to a division of that office | ||
the duties of which involve law enforcement, regardless of whether | ||
the current or former employee complies with Section 552.024 or | ||
552.1175; | ||
(8) a current or former employee of the Texas Juvenile | ||
Justice Department or of the predecessors in function of the | ||
department, regardless of whether the current or former employee | ||
complies with Section 552.024 or 552.1175; | ||
(9) a current or former juvenile probation or | ||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code, regardless of whether the | ||
current or former officer complies with Section 552.024 or | ||
552.1175; | ||
(10) a current or former employee of a juvenile | ||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code, regardless of whether the current or former | ||
employee complies with Section 552.024 or 552.1175; [ |
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(11) a current or former member of the Texas military | ||
forces, as that term is defined by Section 437.001; or | ||
(12) a current or former child protective services | ||
caseworker or investigator for the Department of Family and | ||
Protective Services, regardless of whether the caseworker or | ||
investigator complies with Section 552.024 or 552.1175, or a | ||
current or former employee of a department contractor performing | ||
child protective services caseworker or investigator functions for | ||
the contractor on behalf of the department. | ||
SECTION 4. The heading to Section 552.1175, Government | ||
Code, is amended to read as follows: | ||
Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN | ||
PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER | ||
OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [ |
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SECTION 5. Section 552.1175(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies only to: | ||
(1) peace officers as defined by Article 2.12, Code of | ||
Criminal Procedure; | ||
(2) county jailers as defined by Section 1701.001, | ||
Occupations Code; | ||
(3) current or former employees of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department; | ||
(4) commissioned security officers as defined by | ||
Section 1702.002, Occupations Code; | ||
(5) employees of a district attorney, criminal | ||
district attorney, or county or municipal attorney whose | ||
jurisdiction includes any criminal law or child protective services | ||
matters; | ||
(6) officers and employees of a community supervision | ||
and corrections department established under Chapter 76 who perform | ||
a duty described by Section 76.004(b); | ||
(7) criminal investigators of the United States as | ||
described by Article 2.122(a), Code of Criminal Procedure; | ||
(8) police officers and inspectors of the United | ||
States Federal Protective Service; | ||
(9) current and former employees of the office of the | ||
attorney general who are or were assigned to a division of that | ||
office the duties of which involve law enforcement; | ||
(10) current or former juvenile probation and | ||
detention officers certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; | ||
(11) current or former employees of a juvenile justice | ||
program or facility, as those terms are defined by Section 261.405, | ||
Family Code; | ||
(12) current or former employees of the Texas Juvenile | ||
Justice Department or the predecessors in function of the | ||
department; [ |
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(13) federal judges and state judges as defined by | ||
Section 13.0021, Election Code; and | ||
(14) a current or former child protective services | ||
caseworker or investigator for the Department of Family and | ||
Protective Services or a current or former employee of a department | ||
contractor performing child protective services caseworker or | ||
investigator functions for the contractor on behalf of the | ||
department. | ||
SECTION 6. Subchapter B, Chapter 40, Human Resources Code, | ||
is amended by adding Sections 40.0327, 40.0328, 40.036, and 40.038 | ||
to read as follows: | ||
Sec. 40.0327. NONPROFIT AGENCY SERVICES COORDINATOR. The | ||
department shall designate an office as the nonprofit agency | ||
services coordinator to serve as a liaison between the department | ||
and nonprofit agencies that provide adoption services and | ||
assistance to families in crisis and children in care. | ||
Sec. 40.0328. CASEWORKER CASELOAD MANAGEMENT SYSTEM. The | ||
department shall manage the duties of caseworkers to maintain the | ||
safety of children in child protective services by establishing a | ||
caseload management system that: | ||
(1) assigns a risk score to each child in the | ||
department's care based on an assessment of the current and | ||
potential risk of harm to the child from abuse or neglect as | ||
provided by Section 40.0529; | ||
(2) determines the appropriate number of cases to be | ||
assigned to a caseworker based on the risk scores of the children | ||
assigned to the caseworker; and | ||
(3) proportionally limits the number of children with | ||
higher risk scores that may be assigned to any one caseworker. | ||
Sec. 40.036. TRAUMA-BASED CARE TRAINING REQUIREMENT FOR | ||
CASEWORKERS. The department shall ensure that each child | ||
protective services caseworker who interacts with children on a | ||
daily basis receives training in trauma-based care. | ||
Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a) | ||
In this section, "secondary trauma" means trauma incurred as a | ||
consequence of a person's exposure to acute or chronic trauma. | ||
(b) The department shall develop and make available a | ||
program to provide ongoing support to caseworkers who experience | ||
secondary trauma resulting from exposure to trauma in the course of | ||
the caseworker's employment. The program must include critical | ||
incident stress debriefing. The department may not require that a | ||
caseworker participate in the program. | ||
SECTION 7. Subchapter C, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.0523 to read as follows: | ||
Sec. 40.0523. BEST PRACTICES GUIDE FOR CHILD PROTECTIVE | ||
SERVICES CASES. (a) The University of Houston, The University of | ||
Texas at Austin, and Texas A&M University in collaboration with | ||
children's advocacy centers shall create a work group to develop a | ||
best practices guide to establish uniform practices in child | ||
protective services cases across this state. In developing the | ||
guide, the work group may use any existing guide created by the | ||
department. The guide must: | ||
(1) describe the different stages of a child | ||
protective services case, including intake, initial investigation, | ||
assessment of the child and family, case planning, court | ||
proceedings, case management services, and case closure; | ||
(2) describe the roles and responsibilities of the | ||
persons involved in each stage identified in Subdivision (1); and | ||
(3) include definitions of commonly used terms, | ||
acronyms, model timelines and procedural flowcharts for the most | ||
common child protective services cases, and a list by area of | ||
services available to children and parents. | ||
(b) The department shall design the best practices guide to | ||
assist: | ||
(1) an attorney representing a child in a suit | ||
affecting the parent-child relationship filed by the department; | ||
(2) an attorney representing a parent in a suit | ||
affecting the parent-child relationship filed by the department; | ||
(3) a judge presiding over a case described in | ||
Subdivision (1); | ||
(4) a guardian ad litem representing a child in a case | ||
described by Subdivision (1); | ||
(5) a child protective services caseworker or | ||
investigator or a court-appointed volunteer advocate; | ||
(6) a caregiver or family member associated with the | ||
child's case; and | ||
(7) any other individual involved in a child | ||
protective services case that the department determines would | ||
benefit from the best practices guide. | ||
(c) The department shall include in the best practices | ||
guide: | ||
(1) advice from people experienced in the child | ||
protective services system on best practices in carrying out the | ||
person's particular role in the process; and | ||
(2) other information the department determines could | ||
benefit a person serving in the child protective services system. | ||
(d) The department shall update the best practices guide | ||
biannually. | ||
(e) The department shall make the best practices guide | ||
available on the department's Internet website and may charge a | ||
reasonable fee for a printed copy of the guide. | ||
SECTION 8. Section 40.0528(d), Human Resources Code, is | ||
amended to read as follows: | ||
(d) The department shall measure the [ |
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caseworkers [ |
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department. The standards must include: | ||
(1) the total number of children involved in the case; | ||
(2) the type of placement for each child involved in | ||
the case; | ||
(3) the total number of placements for the case; | ||
(4) the level of care required for each child involved | ||
in the case; | ||
(5) the level of department intervention and parental | ||
or family services required for the case; and | ||
(6) the level of caseworker experience required to | ||
appropriately manage the case [ |
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SECTION 9. Subchapter C, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.0529 to read as follows: | ||
Sec. 40.0529. RISK OF HARM ASSESSMENT. (a) The department | ||
shall establish an evidence-based system for assessing the risk of | ||
harm to a child from abuse or neglect for each child who is the | ||
subject of a report of abuse or neglect or of an active child | ||
protective services case. The system shall provide a score for each | ||
case on a scale from 1 for a child at the lowest risk of harm to 10 | ||
for a child at the highest risk of harm. | ||
(b) The department, with assistance from the Bush School of | ||
Government and Public Service at Texas A&M University, the Lyndon | ||
B. Johnson School of Public Affairs at The University of Texas, and | ||
the Graduate College of Social Work at the University of Houston, | ||
shall study child protective services cases to identify factors | ||
that indicate a risk of child abuse or neglect and develop objective | ||
criteria to be used in the risk of harm assessment. | ||
(c) In assessing the risk of harm to a child from abuse or | ||
neglect, the department shall consider: | ||
(1) the risk of harm a parent poses to a child who | ||
remains in the child's home, including: | ||
(A) the likelihood of the child's death or | ||
serious injury; and | ||
(B) the likelihood of serious psychological harm | ||
to the child; | ||
(2) the potential psychological harm to a child who | ||
remains in the child's home; | ||
(3) the potential psychological harm to a child who is | ||
removed from the child's home; | ||
(4) the risk of harm to a child who is returned to the | ||
child's home; and | ||
(5) the services required to address the child's | ||
needs, including the child's medical and mental health care needs. | ||
(d) After the department assigns a risk of harm assessment | ||
score to a child's case, the child protective services caseworker | ||
for the child's case may adjust the score by up to one point based on | ||
the caseworker's knowledge and experience with the child. | ||
(e) The department shall complete a risk of harm assessment | ||
for each child protective services case before a court holds a full | ||
adversary hearing on the case and shall periodically reassess the | ||
risk of harm to the child. | ||
(f) The department shall use the risk of harm assessment | ||
score when making decisions relating to: | ||
(1) caseworker assignments; | ||
(2) parental access to the child; and | ||
(3) caseload limits for caseworkers. | ||
(g) The department may only assign an experienced | ||
caseworker to a child protective services case that has been | ||
assigned a high risk of harm assessment score. | ||
(h) The risk of harm assessment score is inadmissible in | ||
court as evidence. | ||
SECTION 10. Subchapter C, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.0533 to read as follows: | ||
Sec. 42.0533. EMERGENCY PLACEMENT. (a) In this section, | ||
"emergency placement" means the temporary placement of a child in a | ||
foster home, foster group home, agency foster home, or agency | ||
foster group home for not more than 30 days. | ||
(b) The department shall identify all licensed foster homes | ||
and foster group homes or verified agency foster homes and agency | ||
foster group homes that are able to accept the emergency placement | ||
of a child when a safe and suitable long-term placement is not | ||
available. A licensed foster home and foster group home and a | ||
verified agency foster home and agency foster group home shall take | ||
an emergency placement on request of the department or child | ||
placing agency. | ||
(c) The department shall ensure that a child placed in an | ||
emergency placement continues to attend the school in which the | ||
child was enrolled immediately before the child was removed from | ||
the child's home or another school in that school district if it is | ||
not in the best interest of the child to remain in the same school. | ||
(d) The department shall: | ||
(1) develop procedures for the emergency placement of | ||
children; and | ||
(2) increase the number of foster homes, foster group | ||
homes, agency foster homes, and agency foster group homes that are | ||
able to accept the emergency placement of children. | ||
(e) The executive commissioner shall adopt rules governing | ||
the reimbursement of a foster home, a foster group home, an agency | ||
foster home, or an agency foster group home that accepts the | ||
emergency placement of a child. | ||
SECTION 11. Section 25.025(a), Tax Code, is amended to read | ||
as follows: | ||
(a) This section applies only to: | ||
(1) a current or former peace officer as defined by | ||
Article 2.12, Code of Criminal Procedure; | ||
(2) a county jailer as defined by Section 1701.001, | ||
Occupations Code; | ||
(3) an employee of the Texas Department of Criminal | ||
Justice; | ||
(4) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code; | ||
(5) a victim of family violence as defined by Section | ||
71.004, Family Code, if as a result of the act of family violence | ||
against the victim, the actor is convicted of a felony or a Class A | ||
misdemeanor; | ||
(6) a federal judge, a state judge, or the spouse of a | ||
federal judge or state judge; | ||
(7) a current or former employee of a district | ||
attorney, criminal district attorney, or county or municipal | ||
attorney whose jurisdiction includes any criminal law or child | ||
protective services matters; | ||
(8) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76, | ||
Government Code, who performs a duty described by Section 76.004(b) | ||
of that code; | ||
(9) a criminal investigator of the United States as | ||
described by Article 2.122(a), Code of Criminal Procedure; | ||
(10) a police officer or inspector of the United | ||
States Federal Protective Service; | ||
(11) a current or former United States attorney or | ||
assistant United States attorney and the spouse and child of the | ||
attorney; | ||
(12) a current or former employee of the office of the | ||
attorney general who is or was assigned to a division of that office | ||
the duties of which involve law enforcement; | ||
(13) a medical examiner or person who performs | ||
forensic analysis or testing who is employed by this state or one or | ||
more political subdivisions of this state; | ||
(14) a current or former member of the United States | ||
armed forces who has served in an area that the president of the | ||
United States by executive order designates for purposes of 26 | ||
U.S.C. Section 112 as an area in which armed forces of the United | ||
States are or have engaged in combat; | ||
(15) a current or former employee of the Texas | ||
Juvenile Justice Department or of the predecessors in function of | ||
the department; | ||
(16) a current or former juvenile probation or | ||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; [ |
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(17) a current or former employee of a juvenile | ||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code; and | ||
(18) a current or former child protective services | ||
caseworker or investigator for the Department of Family and | ||
Protective Services or a current or former employee of a department | ||
contractor performing child protective services caseworker or | ||
investigator functions for the contractor on behalf of the | ||
department. | ||
SECTION 12. (a) Section 266.0031, Family Code, as added by | ||
this Act, applies only to a child who enters the conservatorship of | ||
the Department of Family and Protective Services on or after the | ||
effective date of this Act. A child who enters the conservatorship | ||
of the Department of Family and Protective Services before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the child entered foster care, and the former law is continued | ||
in effect for that purpose. | ||
(b) The changes in law made by this Act to Sections 552.117 | ||
and 552.1175, Government Code, and Section 25.025, Tax Code, apply | ||
only to a request for information that is received by a governmental | ||
body or an officer on or after the effective date of this Act. A | ||
request for information that was received before the effective date | ||
of this Act is governed by the law in effect on the date the request | ||
was received, and the former law is continued in effect for that | ||
purpose. | ||
(c) As soon as practicable after the effective date of this | ||
Act, the Department of Family and Protective Services shall | ||
establish and implement the caseload management system as required | ||
under Section 40.0328, Human Resources Code, as added by this Act. | ||
(d) Section 42.0529, Human Resources Code, as added by this | ||
Act applies only to a child protective services case initiated on or | ||
after the effective date of this Act. A child protective services | ||
case initiated before that date is governed by the law in effect on | ||
the date the case began, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 13. This Act takes effect September 1, 2017. |