AN ACT
1-1 relating to the continuation and operation of the Department of
1-2 Protective and Regulatory Services, the provision of services to
1-3 children and families, and suits affecting the parent-child
1-4 relationship; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 40.001, Human Resources Code, is amended
1-7 by adding Subdivision (5) to read as follows:
1-8 (5) "Family preservation" includes the protection of
1-9 parents and their children from needless family disruption because
1-10 of unfounded accusations of child abuse or neglect. It does not
1-11 include the provision of state social services for the
1-12 rehabilitation of parents convicted of abusing or neglecting their
1-13 children.
1-14 SECTION 2. Subsection (b), Section 40.002, Human Resources
1-15 Code, is amended to read as follows:
1-16 (b) The department is the state agency with primary
1-17 responsibility for:
1-18 (1) providing protective services for children and
1-19 elderly and disabled persons, including investigations of alleged
1-20 abuse, neglect, or exploitation in facilities of the Texas
1-21 Department of Mental Health and Mental Retardation;
1-22 (2) providing family support and family preservation
1-23 services which respect the fundamental right of parents to control
2-1 the education and upbringing of their children; and
2-2 (3) regulating child-care facilities and child-care
2-3 administrators.
2-4 SECTION 3. Section 40.003, Human Resources Code, is amended
2-5 to read as follows:
2-6 Sec. 40.003. SUNSET PROVISION. The Department of Protective
2-7 and Regulatory Services is subject to Chapter 325, Government Code
2-8 (Texas Sunset Act). Unless continued in existence as provided by
2-9 that chapter, the department is abolished and this chapter expires
2-10 September 1, 2009 [1997].
2-11 SECTION 4. Subchapter A, Chapter 40, Human Resources Code,
2-12 is amended by amending Section 40.004 and adding Section 40.0041 to
2-13 read as follows:
2-14 Sec. 40.004. PUBLIC INTEREST INFORMATION [AND COMPLAINTS].
2-15 (a) The board [department] shall develop and implement policies
2-16 that provide the public with a reasonable opportunity to appear
2-17 before the board [department] and to speak on any issue under the
2-18 jurisdiction of the department.
2-19 (b) The department shall prepare information of public
2-20 interest describing the functions of the department [and the
2-21 department's procedures by which complaints are filed with and
2-22 resolved by the department]. The department shall make the
2-23 information available to the public and appropriate state agencies.
2-24 [(c) The department by rule shall establish methods by which
2-25 the public, consumers, and service recipients can be notified of
3-1 the mailing addresses and telephone numbers of appropriate
3-2 departmental personnel for the purpose of directing complaints to
3-3 the department. The department may provide for that notification:]
3-4 [(1) on each registration form, application, or
3-5 written contract for services of a person regulated by the
3-6 department;]
3-7 [(2) on a sign prominently displayed in the place of
3-8 business of each person regulated by the department; or]
3-9 [(3) in a bill for a service provided by a person
3-10 regulated by the department.]
3-11 [(d) The department shall keep an information file about
3-12 each complaint filed with the department relating to:]
3-13 [(1) a license holder or entity regulated by the
3-14 department; or]
3-15 [(2) a service delivered by the department.]
3-16 [(e) If a written complaint is filed with the department
3-17 relating to a license holder or entity regulated by the department
3-18 or a service delivered by the department, the department, at least
3-19 quarterly and until final disposition of the complaint, shall
3-20 notify the parties to the complaint of the status of the complaint
3-21 unless notice would jeopardize an undercover investigation.]
3-22 Sec. 40.0041. COMPLAINT PROCESS. (a) The department shall
3-23 develop and implement a uniform process for receiving and resolving
3-24 complaints against the department throughout the state. The
3-25 process shall include:
4-1 (1) statewide procedures through which the public,
4-2 consumers, and service recipients are informed:
4-3 (A) of the right to make a complaint against the
4-4 department, including the mailing addresses and telephone numbers
4-5 of appropriate department personnel responsible for receiving
4-6 complaints and providing related assistance; and
4-7 (B) of the department's procedures for resolving
4-8 a complaint, including the right to appeal a decision made at the
4-9 local level;
4-10 (2) development and statewide distribution of a form
4-11 or telephone system that may be used to make a complaint;
4-12 (3) a requirement that the department provide
4-13 information by mail or telephone regarding the department's
4-14 procedures for investigating and resolving a complaint to each
4-15 person who makes a complaint; and
4-16 (4) a requirement that the department provide status
4-17 information at least quarterly to a person with a pending complaint
4-18 against the department, unless the information would jeopardize an
4-19 undercover investigation.
4-20 (b) In addition to other appropriate methods, the department
4-21 may provide the information specified by Subsection (a)(1):
4-22 (1) on each registration form, application, or written
4-23 contract for services of a person regulated by the department;
4-24 (2) on a sign prominently displayed in the place of
4-25 business of each person regulated by the department; or
5-1 (3) in a bill for service provided by a person
5-2 regulated by the department.
5-3 (c) The department shall keep an information file about each
5-4 complaint made against the department that the department has
5-5 authority to resolve.
5-6 (d) The executive director shall develop a consistent,
5-7 statewide process for addressing an appeal by a person dissatisfied
5-8 with the resolution of a complaint at the regional level. The
5-9 process shall include an opportunity for appeal of a complaint
5-10 without the participation of the department's ombudsman office.
5-11 (e) The department shall develop and maintain a centralized
5-12 tracking system to gather information concerning all complaints
5-13 made against the department throughout the state. The department
5-14 shall require its personnel to provide information regarding each
5-15 complaint for inclusion in records maintained under the tracking
5-16 system at the department's state headquarters, regardless of the
5-17 location or level at which the complaint is initiated or resolved.
5-18 The department shall require at least the following information to
5-19 be maintained for each complaint:
5-20 (1) the date the complaint is received;
5-21 (2) the name of the person making the complaint;
5-22 (3) the subject matter of the complaint;
5-23 (4) a record of all persons contacted by the
5-24 department in relation to the complaint;
5-25 (5) a summary of the results of the review or
6-1 investigation of the complaint; and
6-2 (6) for each complaint determined by the department to
6-3 require no corrective action, an explanation of the reason that the
6-4 complaint was closed without action.
6-5 (f) The department shall periodically prepare and deliver
6-6 reports to the board and the executive director regarding the
6-7 number, type, and resolution of complaints made in the state
6-8 against the department.
6-9 SECTION 5. Subchapter A, Chapter 40, Human Resources Code,
6-10 is amended by adding Section 40.008 to read as follows:
6-11 Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall
6-12 comply with federal and state laws related to program and facility
6-13 accessibility. The department shall also prepare and maintain a
6-14 written plan that describes how a person who does not speak English
6-15 can be provided reasonable access to the department's programs and
6-16 services.
6-17 SECTION 6. Subsection (a), Section 40.021, Human Resources
6-18 Code, is amended to read as follows:
6-19 (a) The board is composed of six members appointed by the
6-20 governor with the advice and consent of the senate. The governor
6-21 shall [annually] designate one member to be the presiding officer
6-22 of the board to serve in that capacity at the pleasure of the
6-23 governor.
6-24 SECTION 7. Section 40.022, Human Resources Code, is amended
6-25 to read as follows:
7-1 Sec. 40.022. RESTRICTIONS ON BOARD APPOINTMENT OR
7-2 MEMBERSHIP. (a) A person is not eligible for appointment as a
7-3 member of the board if the person or the person's spouse:
7-4 (1) is a person who is employed by or participates in
7-5 the management of a business entity or other organization regulated
7-6 by the department or receiving funds [a substantial amount of
7-7 money] from the department;
7-8 (2) owns or controls, directly or indirectly, more
7-9 than a 10 percent interest in a business entity or other
7-10 organization that is regulated by the department or that receives
7-11 funds [money] from the department;
7-12 (3) uses or receives a substantial amount of tangible
7-13 goods, services, or money from the department, other than
7-14 compensation or reimbursement authorized by law for board
7-15 membership, attendance, or expenses [incurred as a board member],
7-16 or as a client or a parent or guardian of a client receiving
7-17 services from the department; or
7-18 (4) is an employee, officer, or paid consultant of a
7-19 trade association in a field under the jurisdiction of the
7-20 department.
7-21 (b) In addition to the requirements of Subsection (a), a
7-22 person is not eligible for appointment as a public member of the
7-23 board if the person or the person's spouse is registered,
7-24 certified, or licensed by an occupational regulatory agency in a
7-25 field under the jurisdiction of the department. [A person who is
8-1 required to register as a lobbyist under Chapter 305, Government
8-2 Code, because of the person's activities for compensation in or for
8-3 a profession related to the operation of the department may not
8-4 serve as a member of the board.]
8-5 SECTION 8. Subchapter B, Chapter 40, Human Resources Code,
8-6 is amended by adding Section 40.0225 to read as follows:
8-7 Sec. 40.0225. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.
8-8 (a) An officer, employee, or paid consultant of a Texas trade
8-9 association in a field under the jurisdiction of the department may
8-10 not be a member of the board or an employee of the department who
8-11 is exempt from the state's position classification plan or is
8-12 compensated at or above the amount prescribed by the General
8-13 Appropriations Act for step 1, salary group 17, of the position
8-14 classification salary schedule.
8-15 (b) A person who is the spouse of an officer, manager, or
8-16 paid consultant of a Texas trade association in a field under the
8-17 jurisdiction of the department may not be a member of the board and
8-18 may not be an employee of the department who is exempt from the
8-19 state's position classification plan or is compensated at or above
8-20 the amount prescribed by the General Appropriations Act for step 1,
8-21 salary group 17, of the position classification salary schedule.
8-22 (c) A person may not serve as a member of the board or act
8-23 as the general counsel to the board or the department if the person
8-24 is required to register as a lobbyist under Chapter 305, Government
8-25 Code, because of the person's activities for compensation on behalf
9-1 of a profession related to the operation of the department.
9-2 (d) For the purposes of this section, a Texas trade
9-3 association is a nonprofit, cooperative, and voluntarily joined
9-4 association of business or professional competitors in this state
9-5 designed to assist its members and its industry or profession in
9-6 dealing with mutual business or professional problems and in
9-7 promoting their common interest.
9-8 SECTION 9. Subchapter B, Chapter 40, Human Resources Code,
9-9 is amended by adding Section 40.0226 to read as follows:
9-10 Sec. 40.0226. BOARD MEMBER TRAINING. (a) Before a member
9-11 of the board may assume the member's duties and before the member
9-12 may be confirmed by the senate, the member must complete at least
9-13 one course of the training program established under this section.
9-14 (b) A training program established under this section shall
9-15 provide information to the member regarding:
9-16 (1) the enabling legislation that created the
9-17 department and the board;
9-18 (2) the programs operated by the department;
9-19 (3) the role and functions of the department;
9-20 (4) the rules of the department, with an emphasis on
9-21 the rules that relate to disciplinary and investigatory authority;
9-22 (5) the current budget for the department;
9-23 (6) the results of the most recent formal audit of the
9-24 department;
9-25 (7) the requirements of the:
10-1 (A) open meetings law, Chapter 551, Government
10-2 Code;
10-3 (B) open records law, Chapter 552, Government
10-4 Code; and
10-5 (C) administrative procedure law, Chapter 2001,
10-6 Government Code;
10-7 (8) the requirements of the conflict-of-interest laws
10-8 and other laws relating to public officials; and
10-9 (9) any applicable ethics policies adopted by the
10-10 board or the Texas Ethics Commission.
10-11 SECTION 10. Subsection (b), Section 40.028, Human Resources
10-12 Code, is amended to read as follows:
10-13 (b) The board shall:
10-14 (1) supervise the executive director's administration
10-15 and enforcement of the laws of this state that impose duties on the
10-16 department or board; and
10-17 (2) develop and implement policies that clearly
10-18 separate the policymaking [respective] responsibilities of the
10-19 board and the management responsibilities of the executive director
10-20 and the staff of the department.
10-21 SECTION 11. Section 40.029, Human Resources Code, is amended
10-22 to read as follows:
10-23 Sec. 40.029. RULES. (a) The board shall propose and adopt
10-24 rules to:
10-25 (1) ensure the department's compliance with state and
11-1 federal law; and
11-2 (2) facilitate the implementation of departmental
11-3 programs.
11-4 (b) The board shall propose and adopt rules that further the
11-5 policy of family preservation.
11-6 SECTION 12. Subchapter B, Chapter 40, Human Resources Code,
11-7 is amended by adding Section 40.0305 to read as follows:
11-8 Sec. 40.0305. STRATEGIC TECHNOLOGY STEERING COMMITTEE.
11-9 (a) The department shall establish a strategic technology steering
11-10 committee within the department to evaluate major information
11-11 technology project proposals.
11-12 (b) The steering committee shall consist of the department's
11-13 information resources manager and other department employees
11-14 designated by the executive director from senior management,
11-15 information technology staff, and employees who are primary users
11-16 of information resources. The information resources manager shall
11-17 serve as presiding officer of the committee.
11-18 (c) The steering committee shall prioritize the department's
11-19 major information technology project proposals and provide
11-20 oversight and coordination of the projects.
11-21 (d) In evaluating major information technology project
11-22 proposals, the steering committee shall:
11-23 (1) assess the major information needs of the
11-24 department;
11-25 (2) define standard criteria for setting priorities
12-1 for the department's information needs;
12-2 (3) forecast the returns to the department on project
12-3 investments;
12-4 (4) evaluate the department's available information
12-5 resources; and
12-6 (5) review, approve, and evaluate the status of
12-7 projected costs and benefits related to project proposals.
12-8 (e) The steering committee shall make recommendations to the
12-9 executive director based on the committee's performance of its
12-10 duties.
12-11 SECTION 13. Section 40.032, Human Resources Code, is amended
12-12 to read as follows:
12-13 Sec. 40.032. PERSONNEL. (a) The executive director may
12-14 employ personnel necessary to administer the department's duties.
12-15 (b) The executive director or the executive director's
12-16 designated representative shall develop an intradepartmental career
12-17 ladder program that addresses opportunities for mobility and
12-18 advancement for employees within the department. The program[, one
12-19 part of which] shall require the intradepartmental posting of all
12-20 [non-entry-level] positions concurrently with any public posting.
12-21 (c) The executive director or the executive director's
12-22 designated representative shall develop a system of annual
12-23 performance evaluations based on measurable job tasks. All merit
12-24 pay for department employees must be based on the system
12-25 established under this subsection.
13-1 (d) The executive director or the executive director's
13-2 designated representative shall provide to members of the board and
13-3 to the department's employees, as often as is necessary,
13-4 information regarding their qualifications for office or employment
13-5 under this chapter and their responsibilities under applicable laws
13-6 relating to standards of conduct for state officers or employees.
13-7 (e) The executive director or the executive director's
13-8 designated representative shall prepare and maintain a written
13-9 policy statement to ensure implementation of a program of equal
13-10 employment opportunity under which all personnel transactions are
13-11 made without regard to race, color, disability, sex, religion, age,
13-12 or national origin. The policy statement must include:
13-13 (1) personnel policies, including policies relating to
13-14 recruitment, evaluation, selection, appointment, training, and
13-15 promotion of personnel, that comply with Chapter 21, Labor Code;
13-16 (2) a comprehensive analysis of the department's
13-17 workforce that meets federal and state laws, rules, and regulations
13-18 and instructions adopted under those laws, rules, and regulations
13-19 [guidelines];
13-20 (3) procedures by which a determination can be made
13-21 about the extent of [significant] underuse in the department's
13-22 workforce of all persons for whom federal or state laws, rules, and
13-23 regulations and instructions adopted under those laws, rules, and
13-24 regulations [guidelines] encourage a more equitable balance; and
13-25 (4) reasonable methods to appropriately address those
14-1 areas of [significant] underuse [in the department's workforce of
14-2 all persons for whom federal or state guidelines encourage a more
14-3 equitable balance].
14-4 (f) The policy statement required under Subsection (e)
14-5 shall:
14-6 (1) be filed with the governor's office;
14-7 (2) [,] cover an annual period;
14-8 (3) [, and] be updated at least annually; and
14-9 (4) be reviewed by the Commission on Human Rights for
14-10 compliance with Subsection (e)(1).
14-11 (g) The governor's office shall develop and deliver a
14-12 biennial report to the legislature based on the information
14-13 submitted under Subsection (f). The report may be made separately
14-14 or as a part of other biennial reports made to the legislature.
14-15 SECTION 14. Section 40.051, Human Resources Code, is amended
14-16 to read as follows:
14-17 Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department
14-18 shall develop a departmental strategic plan based on the goals and
14-19 priorities stated in the commission's coordinated strategic plan
14-20 for health and human services. The department shall also develop
14-21 its plan based on furthering the policy of family preservation.
14-22 SECTION 15. Section 40.052, Human Resources Code, is amended
14-23 to read as follows:
14-24 Sec. 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
14-25 department shall:
15-1 (1) propose and implement service delivery standards
15-2 for departmental programs;
15-3 (2) provide training and technical assistance to
15-4 regional and local service providers;
15-5 (3) provide joint training on the investigation of
15-6 reports of child abuse or neglect to department personnel and law
15-7 enforcement personnel in appropriate state and local law
15-8 enforcement agencies;
15-9 (4) develop and implement systems for monitoring
15-10 departmental program performance and service delivery;
15-11 (5) [(4)] promote innovative service delivery at the
15-12 local level; and
15-13 (6) [(5)] cooperate and coordinate as appropriate with
15-14 other governmental entities in the delivery of services.
15-15 SECTION 16. Subchapter C, Chapter 40, Human Resources Code,
15-16 is amended by adding Sections 40.0522 and 40.0523 to read as
15-17 follows:
15-18 Sec. 40.0522. COMMUNITY EDUCATION AND TRAINING RELATING TO
15-19 CHILD ABUSE OR NEGLECT. (a) The department shall assure the
15-20 availability of community education programs designed to improve
15-21 participation of the general public in preventing, identifying, and
15-22 treating cases of child abuse or neglect, including parent
15-23 education programs.
15-24 (b) The department shall assure that training concerning
15-25 child abuse or neglect is available to professionals who are
16-1 required by law to report, investigate, or litigate those cases.
16-2 Sec. 40.0523. MULTIDISCIPLINARY TEAMS. (a) To the extent
16-3 possible, the department shall establish multidisciplinary teams to
16-4 provide services relating to a report of child abuse or neglect. A
16-5 multidisciplinary team shall include professionals in parent
16-6 education and in each professional discipline necessary to provide
16-7 comprehensive medical and psychological services to a child who is
16-8 the subject of a report and to members of the child's household.
16-9 (b) Members of a multidisciplinary team may exchange
16-10 information relating to a report of child abuse or neglect as
16-11 necessary to facilitate a thorough investigation of the report.
16-12 The department may adopt rules governing the exchange of
16-13 information between team members.
16-14 (c) A multidisciplinary team established under this section
16-15 shall coordinate services provided by the department to a child and
16-16 to members of the child's household with services available from
16-17 other sources, including public and private agencies in the
16-18 community. The goal of the multidisciplinary team is to provide
16-19 the greatest range of services possible without duplication of
16-20 effort.
16-21 (d) The department shall establish a process by which
16-22 members of a multidisciplinary team are involved in the
16-23 department's development and implementation of procedures relating
16-24 to coordination of the department's child abuse or neglect services
16-25 with services provided by other public and private agencies.
17-1 SECTION 17. Subchapter C, Chapter 40, Human Resources Code,
17-2 is amended by adding Section 40.0525 to read as follows:
17-3 Sec. 40.0525. SEPARATION OF INVESTIGATORY AND SERVICE
17-4 DELIVERY FUNCTIONS. (a) To the extent feasible, the department
17-5 shall separate the performance of investigations by department
17-6 employees from the delivery of services to clients and their
17-7 families. The department may take into consideration the needs and
17-8 caseloads in the different programs and regions of the state in
17-9 developing policies for the separation of the department's
17-10 investigatory and service delivery functions.
17-11 (b) The department shall develop policies and procedures for
17-12 the exchange of information between employees who are responsible
17-13 for performing investigations and employees who are responsible for
17-14 the delivery of services to clients and families.
17-15 (c) This section does not require the department to
17-16 establish separate departments for investigations and service
17-17 delivery.
17-18 SECTION 18. Subchapter C, Chapter 40, Human Resources Code,
17-19 is amended by adding Sections 40.0563, 40.0564, and 40.0565 to read
17-20 as follows:
17-21 Sec. 40.0563. COUNTY OUTREACH PROGRAM. (a) The department
17-22 shall develop and implement a standard statewide outreach program
17-23 under which the department:
17-24 (1) informs each county of the availability of federal
17-25 funds to pay costs of providing child protective services within
18-1 the county; and
18-2 (2) provides technical assistance on request to a
18-3 county seeking federal funds.
18-4 (b) In implementing the program, the department shall:
18-5 (1) designate local department personnel responsible
18-6 for performing the functions specified in Subsection (a);
18-7 (2) designate a statewide coordinator responsible for
18-8 coordinating the activities of local department personnel and
18-9 developing methods of providing information to counties; and
18-10 (3) develop a database that:
18-11 (A) identifies department and county personnel
18-12 involved with the outreach program; and
18-13 (B) contains information regarding the date and
18-14 type of assistance provided by the department to each county.
18-15 (c) The department, in consultation with the Legislative
18-16 Budget Board, shall ensure that a record is maintained of the
18-17 amount of funding for child protective services that each county
18-18 receives directly from the federal government.
18-19 Sec. 40.0564. DEPARTMENT FUNDS. All money paid to the
18-20 department under this chapter is subject to Subchapter F, Chapter
18-21 404, Government Code.
18-22 Sec. 40.0565. REPORT. The department shall file with the
18-23 governor and the presiding officer of each house of the legislature
18-24 a complete and detailed written report accounting for all funds
18-25 received and disbursed by the department during the preceding
19-1 fiscal year. The annual report must meet the reporting
19-2 requirements, including reporting deadlines, applicable to
19-3 financial reporting in the General Appropriations Act.
19-4 SECTION 19. Section 40.058, Human Resources Code, is amended
19-5 to read as follows:
19-6 Sec. 40.058. CONTRACTS AND AGREEMENTS. (a) The department
19-7 may enter into contracts or agreements with any person, including a
19-8 federal, state, or other public or private agency, as necessary to
19-9 perform any of the department's powers or duties.
19-10 (b) A contract for the purchase of program-related client
19-11 services must include:
19-12 (1) clearly defined goals and outcomes that can be
19-13 measured to determine whether the objectives of the program are
19-14 being achieved;
19-15 (2) clearly defined sanctions or penalties for
19-16 noncompliance with contract terms; and
19-17 (3) clearly specified accounting, reporting, and
19-18 auditing requirements applicable to money received under the
19-19 contract.
19-20 (c) The department shall monitor a contractor's performance
19-21 under a contract for the purchase of program-related client
19-22 services. In monitoring performance, the department shall:
19-23 (1) use a risk-assessment methodology to ensure
19-24 compliance with financial and performance requirements under the
19-25 contract; and
20-1 (2) obtain and evaluate program cost information to
20-2 ensure that all costs, including administrative costs, are
20-3 reasonable and necessary to achieve program objectives.
20-4 (d) An agreement made under this section is not subject to
20-5 Chapter 771 or 791, Government Code.
20-6 (e) This section does not prohibit the department from
20-7 entering into a contract or agreement subject to Chapter 771 or
20-8 791, Government Code, for a purpose authorized in the applicable
20-9 chapter.
20-10 SECTION 20. Section 40.061, Human Resources Code, is amended
20-11 by amending Subsection (a) and adding Subsection (c) to read as
20-12 follows:
20-13 (a) A department employee, a member of a multidisciplinary
20-14 team established under Section 40.0523, or an authorized department
20-15 volunteer who performs a departmental duty or responsibility is
20-16 immune from civil or criminal liability for any act or omission
20-17 that relates to the duty or responsibility if the person acted in
20-18 good faith and within the scope of the person's authority.
20-19 (c) This section does not provide immunity to a department
20-20 employee who, in a suit affecting the parent-child relationship in
20-21 which child abuse is alleged or that arises out of a child abuse
20-22 investigation, in a criminal prosecution for an offense in which
20-23 child abuse is an element, or in the preparation of the suit or
20-24 prosecution:
20-25 (1) commits or attempts to commit perjury;
21-1 (2) fabricates or attempts to fabricate evidence;
21-2 (3) knowingly conceals or intentionally withholds
21-3 information that would establish that a person alleged to have
21-4 committed child abuse did not commit child abuse; or
21-5 (4) violates state or federal law in the investigation
21-6 or prosecution of the suit.
21-7 SECTION 21. Section 40.062, Human Resources Code, is amended
21-8 to read as follows:
21-9 Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The
21-10 department is not required to pay any cost or fee otherwise imposed
21-11 for court proceedings, including a:
21-12 (1) filing fee or fee for issuance or service of
21-13 process imposed by Section 110.002 [14.13], Family Code, or by
21-14 Section 51.317, 51.318(b)(2), or 51.319, Government Code;
21-15 (2) transfer fee imposed by Section 110.002 [11.06(l)]
21-16 or 110.005 [14.13], Family Code;
21-17 (3) court reporter fee imposed by Section 51.601,
21-18 Government Code;
21-19 (4) judicial fund fee imposed by Sections 51.701 and
21-20 51.702, Government Code;
21-21 (5) judge's fee imposed by Section 25.0008, 25.00263,
21-22 or 25.0029, Government Code; or
21-23 (6) cost or security fee imposed by Section 12 or 622,
21-24 Probate Code.
21-25 SECTION 22. Subchapter C, Chapter 40, Human Resources Code,
22-1 is amended by adding Sections 40.066 through 40.069 to read as
22-2 follows:
22-3 Sec. 40.066. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
22-4 HEARINGS. (a) Except as provided by Subsection (e), the
22-5 department and the chief administrative law judge of the State
22-6 Office of Administrative Hearings shall adopt a memorandum of
22-7 understanding under which the State Office of Administrative
22-8 Hearings, on behalf of the department, conducts all contested case
22-9 hearings authorized or required by law to be conducted by the
22-10 department under the administrative procedure law, Chapter 2001,
22-11 Government Code.
22-12 (b) The memorandum of understanding shall require the chief
22-13 administrative law judge, the department, and the executive
22-14 director to cooperate in connection with a contested case hearing
22-15 and may authorize the State Office of Administrative Hearings to
22-16 perform any administrative act, including giving of notice, that is
22-17 required to be performed by the department or executive director.
22-18 (c) The administrative law judge who conducts a contested
22-19 case hearing for the State Office of Administrative Hearings on
22-20 behalf of the department shall enter the final decision in the case
22-21 after completion of the hearing.
22-22 (d) The department by interagency contract shall reimburse
22-23 the State Office of Administrative Hearings for the costs incurred
22-24 in conducting contested case hearings for the department. The
22-25 department may pay an hourly fee for the costs of conducting those
23-1 hearings or a fixed annual fee negotiated biennially by the
23-2 department and the State Office of Administrative Hearings to
23-3 coincide with the department's legislative appropriations request.
23-4 (e) This section does not apply to a personnel grievance
23-5 hearing involving a department employee.
23-6 Sec. 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED
23-7 MEXICAN STATES. The department shall:
23-8 (1) study issues related to providing child and adult
23-9 protective services in areas bordering the United Mexican States;
23-10 (2) develop a plan for providing those services in the
23-11 most efficient manner; and
23-12 (3) pursue and enter into agreements for coordinated
23-13 services, to the extent permissible under federal law, with the
23-14 United Mexican States or any of its political subdivisions.
23-15 Sec. 40.068. LOCAL ACCOUNTS. (a) The department may
23-16 establish and maintain local bank or savings accounts for a client
23-17 of the department as necessary to administer funds belonging to the
23-18 client or received in trust for or on behalf of the client.
23-19 (b) Funds maintained in an account for the benefit of a
23-20 child who is under the managing conservatorship of the department
23-21 may be used by the department for the support of the child,
23-22 including the payment of foster care expenses, or may be paid to a
23-23 person providing care for the child.
23-24 (c) The department shall spend funds in a guardianship of a
23-25 client's estate in compliance with Chapter XIII, Texas Probate
24-1 Code.
24-2 (d) Except as provided by Subsection (c), funds maintained
24-3 in an account for the benefit of a client of the department may
24-4 be used to provide care, including medical care, for the
24-5 client.
24-6 Sec. 40.069. REQUIRED AFFIDAVIT FOR APPLICANTS FOR
24-7 EMPLOYMENT. (a) An applicant for temporary or permanent
24-8 employment with the department whose employment or potential
24-9 employment with the department involves direct interactions with or
24-10 the opportunity to interact and associate with children must
24-11 execute and submit the following affidavit with the application for
24-12 employment:
24-13 STATE OF ____________
24-14 COUNTY OF ____________
24-15 I swear or affirm under penalty of perjury that I do not now
24-16 and I have not at any time, either as an adult or as a juvenile:
24-17 1. Been convicted of;
24-18 2. Pleaded guilty to (whether or not resulting in a
24-19 conviction);
24-20 3. Pleaded nolo contendere or no contest to;
24-21 4. Admitted;
24-22 5. Had any judgment or order rendered against me (whether by
24-23 default or otherwise);
24-24 6. Entered into any settlement of an action or claim of;
24-25 7. Had any license, certification, employment, or volunteer
25-1 position suspended, revoked, terminated, or adversely affected
25-2 because of;
25-3 8. Been diagnosed as having or have been treated for any
25-4 mental or emotional condition arising from;
25-5 9. Resigned under threat of termination of employment or
25-6 volunteerism for;
25-7 10. Had a report of child abuse or neglect made and
25-8 substantiated against me for; or
25-9 11. Have any pending criminal charges against me in this or
25-10 any other jurisdiction for;
25-11 Any conduct, matter, or thing (irrespective of formal name
25-12 thereof) constituting or involving (whether under criminal or civil
25-13 law of any jurisdiction):
25-14 1. Any felony;
25-15 2. Rape or other sexual assault;
25-16 3. Physical, sexual, emotional abuse and/or neglect of a
25-17 minor;
25-18 4. Incest;
25-19 5. Exploitation, including sexual, of a minor;
25-20 6. Sexual misconduct with a minor;
25-21 7. Molestation of a child;
25-22 8. Lewdness or indecent exposure;
25-23 9. Lewd and lascivious behavior;
25-24 10. Obscene or pornographic literature, photographs, or
25-25 videos;
26-1 11. Assault, battery, or any violent offense involving a
26-2 minor;
26-3 12. Endangerment of a child;
26-4 13. Any misdemeanor or other offense classification
26-5 involving a minor or to which a minor was a witness;
26-6 14. Unfitness as a parent or custodian;
26-7 15. Removing children from a state or concealing children in
26-8 violation of a court order;
26-9 16. Restrictions or limitations on contact or visitation
26-10 with children or minors;
26-11 17. Any type of child abduction; or,
26-12 18. Similar or related conduct, matters, or things.
26-13 Except the following (list all incidents, location,
26-14 description, and date) (if none, write NONE):
26-15 Signed________________________
26-16 Date_______________.
26-17 Subscribed and sworn to (or affirmed) before me this ______ day of
26-18 _________________,_________.
26-19 Signature of notarial officer ______________________________.
26-20 (seal, if any, of notarial officer)
26-21 My commission expires: ___________
26-22 (b) The failure or refusal of the applicant to sign or
26-23 provide the affidavit constitutes good cause for refusal to hire
26-24 the applicant.
26-25 SECTION 23. Section 42.002, Human Resources Code, is amended
27-1 by amending Subdivisions (3) and (9) and adding Subdivisions (16)
27-2 and (17) to read as follows:
27-3 (3) "Child-care facility" means a facility licensed or
27-4 certified by the department to provide assessment, [that provides]
27-5 care, training, education, custody, treatment, or supervision for a
27-6 child who is not related by blood, marriage, or adoption to the
27-7 owner or operator of the facility, for all or part of the 24-hour
27-8 day, whether or not the facility is operated for profit or charges
27-9 for the services it offers.
27-10 (9) "Family home" means a home that [regularly]
27-11 provides regular care in the caretaker's own residence for not more
27-12 than six children under 14 years of age, excluding [the caretaker's
27-13 own] children who are related to the caretaker, and that provides
27-14 care after school hours for not more than six additional elementary
27-15 school children, but the total number of children, including
27-16 children who are related to the caretaker [the caretaker's own],
27-17 does not exceed 12 at any given time. The term does not include a
27-18 home that provides care exclusively for any number of children who
27-19 are related to the caretaker.
27-20 (16) "Children who are related to the caretaker" means
27-21 children who are the children, grandchildren, siblings,
27-22 great-grandchildren, nieces, or nephews of the caretaker, whether
27-23 by affinity or consanguinity or as the result of a relationship
27-24 created by court decree.
27-25 (17) "Regular care" means care that is provided at
28-1 least four hours a day, three or more days a week, for more than
28-2 nine consecutive weeks.
28-3 SECTION 24. Section 42.042, Human Resources Code, is amended
28-4 by adding Subsection (p) to read as follows:
28-5 (p) The department by rule shall prescribe minimum training
28-6 standards for an employee of a regulated child-care facility,
28-7 including the time required for completing the training. The
28-8 department may not require an employee to repeat required training
28-9 if the employee has completed the training within the time
28-10 prescribed by department rule. The department's local offices
28-11 shall make available at the local office locations a copy of the
28-12 rules regarding minimum training standards, information enabling
28-13 the owner or operator of a regulated facility to apply for training
28-14 funds from other agencies to lower facility costs, and any other
28-15 materials the department may develop to assist the owner or
28-16 operator or other entity in providing the training.
28-17 SECTION 25. Subchapter C, Chapter 42, Human Resources Code,
28-18 is amended by adding Sections 42.0425, 42.0426, and 42.0427 to read
28-19 as follows:
28-20 Sec. 42.0425. ASSESSMENT SERVICES. (a) The department by
28-21 rule shall regulate assessment services provided by child-care
28-22 facilities or child-placing agencies. A child-care facility or
28-23 child-placing agency may not provide assessment services unless
28-24 specifically authorized by the department.
28-25 (b) The department by rule shall establish minimum standards
29-1 for assessment services. The standards must provide that
29-2 consideration is given to the individual needs of a child, the
29-3 appropriate place for provision of services, and the factors listed
29-4 in Section 42.042(e).
29-5 (c) In this section, "assessment services" means the
29-6 determination of the placement needs of a child who requires
29-7 substitute care.
29-8 Sec. 42.0426. TRAINING OF PERSONNEL. A licensed facility
29-9 shall provide training for staff members in:
29-10 (1) the recognition of symptoms of child abuse,
29-11 neglect, and sexual molestation and the responsibility and
29-12 procedure of reporting suspected occurrences of child abuse,
29-13 neglect, and sexual molestation to the department or other
29-14 appropriate entity;
29-15 (2) the application of first aid; and
29-16 (3) the prevention and spread of communicable
29-17 diseases.
29-18 Sec. 42.0427. PARENTAL VISITATION. All areas of a licensed
29-19 facility must be accessible to a parent of a child who is receiving
29-20 care at the facility if the parent visits the child during the
29-21 facility's hours of operation.
29-22 SECTION 26. Subchapter C, Chapter 42, Human Resources Code,
29-23 is amended by adding Section 42.0505 to read as follows:
29-24 Sec. 42.0505. RENEWAL OF LICENSE. (a) A person who is
29-25 otherwise eligible to renew a license may renew an unexpired
30-1 license by paying the required annual fee to the department before
30-2 the expiration date of the license. A person whose license has
30-3 expired may not engage in activities that require a license until
30-4 the license has been renewed under the provisions of this section.
30-5 (b) If the person's license has been expired for 90 days or
30-6 less, the person may renew the license by paying to the department
30-7 1-1/2 times the required annual fee.
30-8 (c) If the person's license has been expired for longer than
30-9 90 days but less than one year, the person may renew the license by
30-10 paying to the department two times the required annual fee.
30-11 (d) If the person's license has been expired for one year or
30-12 longer, the person may not renew the license. The person may
30-13 obtain a new license by complying with the requirements and
30-14 procedures for obtaining an original license.
30-15 (e) At least 30 days before the expiration of a person's
30-16 license, the department shall send written notice of the impending
30-17 license expiration to the person at the license holder's last known
30-18 address according to the records of the department.
30-19 SECTION 27. Subsections (a), (b), and (c), Section 42.044,
30-20 Human Resources Code, are amended to read as follows:
30-21 (a) An authorized representative of the department
30-22 [division] may visit a facility or registered family home during
30-23 operating hours to investigate, inspect, and evaluate.
30-24 (b) The department [division] shall inspect all licensed or
30-25 certified facilities at least once a year and may inspect other
31-1 facilities or registered family homes as necessary. At least one
31-2 of the annual visits must be unannounced and all may be
31-3 unannounced.
31-4 (c) The department [division] must investigate a facility
31-5 when a complaint is received. The department shall investigate a
31-6 registered family home when the department receives a complaint of
31-7 abuse or neglect, as defined by Section 261.001, Family Code, of a
31-8 child at the home. The department [division] representative must
31-9 notify the facility's director or authorized representative when a
31-10 complaint is being investigated and report in writing the results
31-11 of the investigation to the director or the director's authorized
31-12 representative.
31-13 SECTION 28. Subchapter C, Chapter 42, Human Resources Code,
31-14 is amended by adding Sections 42.0441, 42.0442, and 42.0443 to read
31-15 as follows:
31-16 Sec. 42.0441. INSPECTION RESULTS. Immediately after
31-17 completing a monitoring inspection under Section 42.044 of a
31-18 licensed day-care center, licensed group day-care home, or
31-19 registered family home, the authorized representative of the
31-20 department shall review the results of the monitoring inspection
31-21 with a representative of the facility and give the facility an
31-22 opportunity to respond to the inspection results.
31-23 Sec. 42.0442. COORDINATION OF INSPECTIONS; ELIMINATION OF
31-24 DUPLICATIVE INSPECTIONS. (a) The department shall coordinate
31-25 monitoring inspections of licensed day-care centers, licensed group
32-1 day-care homes, and registered family homes performed by another
32-2 state agency to eliminate redundant inspections.
32-3 (b) The department shall form an interagency task force with
32-4 the Texas Department of Health, the Texas Department of Human
32-5 Services, and the Texas Workforce Commission to develop an
32-6 inspection protocol that will coordinate inspections by those
32-7 agencies. The protocol must assign the required items for
32-8 inspection by each agency and facilitate the sharing of inspection
32-9 data and compliance history.
32-10 Sec. 42.0443. INSPECTION INFORMATION DATABASE. (a) If
32-11 feasible using available information systems, the department shall
32-12 establish a computerized database containing relevant inspection
32-13 information on licensed day-care centers, licensed group day-care
32-14 homes, and registered family homes from other state agencies and
32-15 political subdivisions of the state.
32-16 (b) The department shall make the data collected by the
32-17 department available to another state agency or political
32-18 subdivision of the state for the purpose of administering programs
32-19 or enforcing laws within the jurisdiction of that agency or
32-20 subdivision. If feasible using available information systems, the
32-21 department shall make the data directly available to the Texas
32-22 Department of Health, the Texas Department of Human Services, and
32-23 the Texas Workforce Commission through electronic information
32-24 systems. The department, the Texas Department of Health, the Texas
32-25 Department of Human Services, and the Texas Workforce Commission
33-1 shall jointly plan the development of child-care inspection
33-2 databases that, to the extent feasible, are similar in their design
33-3 and architecture to promote the sharing of data.
33-4 (c) The department may provide inspection data on licensed
33-5 day-care centers, licensed group day-care homes, or registered
33-6 family homes to the public if the department determines that
33-7 providing inspection data enhances consumer choice with respect to
33-8 those facilities.
33-9 SECTION 29. Subchapter C, Chapter 42, Human Resources Code,
33-10 is amended by adding Section 42.0445 to read as follows:
33-11 Sec. 42.0445. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY
33-12 OF REPORTED CASES OF CHILD ABUSE OR NEGLECT. (a) Before the
33-13 department issues or renews a license, registration, or
33-14 certification under this subchapter, the department shall search
33-15 the central registry of reported cases of child abuse or neglect
33-16 established under Section 261.002, Family Code, to determine
33-17 whether the applicant or the owner or an employee of the facility
33-18 or family home is listed in the registry as a person who abused or
33-19 neglected a child.
33-20 (b) The department may adopt rules to implement this
33-21 section.
33-22 SECTION 30. Section 42.046, Human Resources Code, is amended
33-23 by amending Subsection (a) and the section heading to read as
33-24 follows:
33-25 Sec. 42.046. [LICENSE] APPLICATION FOR LICENSE OR
34-1 REGISTRATION. (a) An applicant for a license to operate a
34-2 child-care facility or child-placing agency or for a registration
34-3 to operate a family home shall submit to the department [division]
34-4 the appropriate fee prescribed by Section 42.054 [of this code] and
34-5 a completed application on a form provided by the department
34-6 [division].
34-7 SECTION 31. Subchapter C, Chapter 42, Human Resources Code,
34-8 is amended by adding Section 42.0461 to read as follows:
34-9 Sec. 42.0461. PUBLIC NOTICE AND HEARING IN CERTAIN COUNTIES:
34-10 RESIDENTIAL CHILD CARE. (a) Before the department may issue a
34-11 license, other than a renewal license, or certificate to operate
34-12 under Subchapter E for the operation or the expansion of the
34-13 capacity of a foster group home or foster family home that is
34-14 located in a county with a population of less than 300,000 and that
34-15 provides child care for 24 hours a day at a location other than the
34-16 actual residence of a child's primary caretaker or of a child care
34-17 institution, the applicant for the license, certificate, or
34-18 expansion shall, at the applicant's expense:
34-19 (1) conduct a public hearing on the application in
34-20 accordance with department rules after notifying the department of
34-21 the date, time, and location of the hearing; and
34-22 (2) publish notice of the application in a newspaper
34-23 of general circulation in the community in which the child-care
34-24 services are proposed to be provided.
34-25 (b) The notice required by Subsection (a)(2) must be
35-1 published at least 10 days before the date of the public hearing
35-2 required by Subsection (a)(1) and must include:
35-3 (1) the name and address of the applicant;
35-4 (2) the address at which the child-care services are
35-5 proposed to be provided;
35-6 (3) the date, time, and location of the public
35-7 hearing;
35-8 (4) the name, address, and telephone number of the
35-9 department as the licensing authority; and
35-10 (5) a statement informing the public that a person may
35-11 submit written comments to the department concerning the
35-12 application instead of or in addition to appearing at the public
35-13 hearing.
35-14 (c) The department shall require a representative of the
35-15 department to attend the public hearing in an official capacity for
35-16 the purpose of receiving public comments on the application.
35-17 (d) Before issuing a license or certificate described by
35-18 Subsection (a), the department shall consider:
35-19 (1) the amount of local resources available to support
35-20 children proposed to be served by the applicant;
35-21 (2) the impact of the proposed child-care services on
35-22 the ratio in the local school district of students enrolled in a
35-23 special education program to students enrolled in a regular
35-24 education program and the effect, if any, on the children proposed
35-25 to be served by the applicant; and
36-1 (3) the impact of the proposed child-care services on
36-2 the community and the effect on opportunities for social
36-3 interaction for the children proposed to be served by the
36-4 applicant.
36-5 (e) The department may deny the application if the
36-6 department determines that:
36-7 (1) the community has insufficient resources to
36-8 support children proposed to be served by the applicant;
36-9 (2) granting the application would significantly
36-10 increase the ratio in the local school district of students
36-11 enrolled in a special education program to students enrolled in a
36-12 regular education program and the increase would adversely affect
36-13 the children proposed to be served by the applicant; or
36-14 (3) granting the application would have a significant
36-15 adverse impact on the community and would limit opportunities for
36-16 social interaction for the children proposed to be served by the
36-17 applicant.
36-18 (f) A child-placing agency that proposes to verify an agency
36-19 home or agency group home that is located in a county with a
36-20 population of less than 300,000 that provides child care for 24
36-21 hours a day at a location other than the actual residence of a
36-22 child's primary caretaker shall:
36-23 (1) comply with the notice and hearing requirements
36-24 imposed by Subsections (a) and (b); and
36-25 (2) after conducting the required public hearing,
37-1 provide the department with information relating to the
37-2 considerations specified in Subsection (d).
37-3 (g) The department may prohibit the child-placing agency
37-4 from verifying the proposed agency home or agency group home on the
37-5 same grounds that the department may deny an application under
37-6 Subsection (e).
37-7 SECTION 32. Subsections (c) and (f), Section 42.052, Human
37-8 Resources Code, are amended to read as follows:
37-9 (c) A family home that provides care for three or fewer
37-10 children, excluding [the caretaker's own] children who are related
37-11 to the caretaker, may register with the department [division]. A
37-12 family home that provides care for four or more children, excluding
37-13 [the caretaker's own] children who are related to the caretaker,
37-14 shall [must] register with the department [division]. A
37-15 registration remains valid until revoked or surrendered. The
37-16 operator of a registered home must display the registration in a
37-17 prominent place at the home.
37-18 (f) A family home may not place a public advertisement that
37-19 uses the title "registered family home" or any variation of the
37-20 phrase unless the home is registered with the department [division]
37-21 under this chapter. Any public advertisement for a registered
37-22 family home which uses the title "registered family home" must
37-23 contain a provision in bold type stating: "THIS HOME IS REGISTERED
37-24 WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS
37-25 NOT LICENSED OR REGULARLY INSPECTED."
38-1 SECTION 33. Subchapter C, Chapter 42, Human Resources Code,
38-2 is amended by adding Sections 42.057, 42.058, and 42.059 to read as
38-3 follows:
38-4 Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY
38-5 CHECKS. (a) In accordance with rules adopted by the department,
38-6 the director, owner, or operator of a child-care facility or family
38-7 home shall, when applying to operate a child-care facility or when
38-8 registering a family home and at least once during each 24 months
38-9 after receiving a license, registration, or certification of
38-10 approval, submit to the department for use in conducting background
38-11 and criminal history checks:
38-12 (1) the name of the director, owner, and operator of
38-13 the facility or home and the name of each person employed at the
38-14 facility or home; and
38-15 (2) the name of each resident of the home and any
38-16 other person who will regularly or frequently be staying or working
38-17 at the facility or home while children are being provided care.
38-18 (b) The department shall conduct background and criminal
38-19 history checks using:
38-20 (1) the information provided under Subsection (a);
38-21 (2) the information made available by the Department
38-22 of Public Safety under Section 411.114, Government Code, or by the
38-23 Federal Bureau of Investigation or other criminal justice agency
38-24 under Section 411.087, Government Code; and
38-25 (3) the department's records of reported abuse and
39-1 neglect.
39-2 (c) The department by rule shall require a child-care
39-3 facility or family home to pay to the department a fee in an amount
39-4 not to exceed the administrative costs the department incurs in
39-5 conducting a background and criminal history check under this
39-6 section.
39-7 Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES.
39-8 (a) The board may not adopt rules restricting competitive bidding
39-9 or advertising by a license holder or registration holder except to
39-10 prohibit false, misleading, or deceptive practices or to prevent a
39-11 violation of this chapter.
39-12 (b) In its rules to prohibit false, misleading, or deceptive
39-13 practices, the board may not include a rule that:
39-14 (1) restricts the use of any medium for advertising;
39-15 (2) restricts the use of a license holder's or
39-16 registration holder's personal appearance or voice in an
39-17 advertisement;
39-18 (3) relates to the size or duration of an
39-19 advertisement by the license holder or registration holder; or
39-20 (4) restricts the license holder's or registration
39-21 holder's advertisement under a trade name.
39-22 Sec. 42.059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR
39-23 EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME. (a) An
39-24 applicant for temporary or permanent employment with a licensed
39-25 facility or registered family home whose employment or potential
40-1 employment with the facility or home involves direct interactions
40-2 with or the opportunity to interact and associate with children
40-3 must execute and submit the following affidavit with the
40-4 application for employment:
40-5 STATE OF ____________
40-6 COUNTY OF ____________
40-7 I swear or affirm under penalty of perjury that I do not now
40-8 and I have not at any time, either as an adult or as a juvenile:
40-9 1. Been convicted of;
40-10 2. Pleaded guilty to (whether or not resulting in a
40-11 conviction);
40-12 3. Pleaded nolo contendere or no contest to;
40-13 4. Admitted;
40-14 5. Had any judgment or order rendered against me (whether by
40-15 default or otherwise);
40-16 6. Entered into any settlement of an action or claim of;
40-17 7. Had any license, certification, employment, or volunteer
40-18 position suspended, revoked, terminated, or adversely affected
40-19 because of;
40-20 8. Been diagnosed as having or have been treated for any
40-21 mental or emotional condition arising from;
40-22 9. Resigned under threat of termination of employment or
40-23 volunteerism for;
40-24 10. Had a report of child abuse or neglect made and
40-25 substantiated against me for; or
41-1 11. Have any pending criminal charges against me in this or
41-2 any other jurisdiction for;
41-3 Any conduct, matter, or thing (irrespective of formal name
41-4 thereof) constituting or involving (whether under criminal or civil
41-5 law of any jurisdiction):
41-6 1. Any felony;
41-7 2. Rape or other sexual assault;
41-8 3. Physical, sexual, emotional abuse and/or neglect of a
41-9 minor;
41-10 4. Incest;
41-11 5. Exploitation, including sexual, of a minor;
41-12 6. Sexual misconduct with a minor;
41-13 7. Molestation of a child;
41-14 8. Lewdness or indecent exposure;
41-15 9. Lewd and lascivious behavior;
41-16 10. Obscene or pornographic literature, photographs, or
41-17 videos;
41-18 11. Assault, battery, or any violent offense involving a
41-19 minor;
41-20 12. Endangerment of a child;
41-21 13. Any misdemeanor or other offense classification
41-22 involving a minor or to which a minor was a witness;
41-23 14. Unfitness as a parent or custodian;
41-24 15. Removing children from a state or concealing children in
41-25 violation of a court order;
42-1 16. Restrictions or limitations on contact or visitation
42-2 with children or minors;
42-3 17. Any type of child abduction; or,
42-4 18. Similar or related conduct, matters, or things.
42-5 Except the following (list all incidents, location,
42-6 description, and date) (if none, write NONE)
42-7 Signed ________________________
42-8 Date _______________.
42-9 Subscribed and sworn to (or affirmed) before me this ________ day
42-10 of ________________,____________.
42-11 Signature of notarial officer ____________________________________.
42-12 (seal, if any, of notarial officer)
42-13 My commission expires: ____________
42-14 (b) The failure or refusal of the applicant to sign or
42-15 provide the affidavit constitutes good cause for refusal to hire
42-16 the applicant.
42-17 SECTION 34. Subchapter D, Chapter 42, Human Resources Code,
42-18 is amended by adding Section 42.0705 to read as follows:
42-19 Sec. 42.0705. RANGE OF PENALTIES. The department shall
42-20 revoke, suspend, or refuse to renew a license or registration,
42-21 place on probation a person whose license or registration has been
42-22 suspended, or reprimand a license holder or registration holder for
42-23 a violation of this chapter or a rule of the board. If a license
42-24 or registration suspension is probated, the department may require
42-25 the license holder or registration holder to:
43-1 (1) report regularly to the department on matters that
43-2 are the basis of the probation;
43-3 (2) limit services to the areas prescribed by the
43-4 department;
43-5 (3) continue or review professional education until
43-6 the license holder or registration holder attains a degree of skill
43-7 satisfactory to the department in those areas that are the basis of
43-8 the probation; or
43-9 (4) take corrective action relating to the violation
43-10 on which the probation is based.
43-11 SECTION 35. Section 42.071, Human Resources Code, is amended
43-12 to read as follows:
43-13 Sec. 42.071. [LICENSE] SUSPENSION, EVALUATION, OR PROBATION
43-14 OF LICENSE OR REGISTRATION. (a) The department [division] may
43-15 suspend the license of a facility or the registration of a family
43-16 home that has temporarily ceased operation but has definite plans
43-17 for starting operations again within the time limits of the issued
43-18 license or registration.
43-19 (b) The department [division] may suspend a facility's
43-20 license or a family home's registration for a definite period
43-21 rather than deny or revoke the license or registration if the
43-22 department [division] finds repeated noncompliance with standards
43-23 that do not endanger the health and safety of children. To qualify
43-24 for license or registration suspension under this subsection, a
43-25 facility or family home must suspend its operations and show that
44-1 standards can be met within the suspension period.
44-2 (c) If the department [division] finds a facility or family
44-3 home is in repeated noncompliance with standards that do not
44-4 endanger the health and safety of children, the department
44-5 [division] may schedule the facility or family home for evaluation
44-6 or probation rather than suspend or revoke the facility's license
44-7 or the family home's registration. The department [division] shall
44-8 provide notice to the facility or family home of the evaluation or
44-9 probation and of the items of noncompliance not later than the 10th
44-10 day before the evaluation or probation period begins. The
44-11 department [division] shall designate a period of not less than 30
44-12 days during which the facility or family home will remain under
44-13 evaluation. During the evaluation or probation period, the
44-14 facility or family home must correct the items that were in
44-15 noncompliance and report the corrections to the department
44-16 [division] for approval.
44-17 (d) The department [division] shall revoke the license of a
44-18 facility or the registration of a family home that does not comply
44-19 with standards at the end of a license or registration suspension.
44-20 (e) The department [division] may suspend or revoke the
44-21 license of a facility or the registration of a family home that
44-22 does not correct items that were in noncompliance or that does not
44-23 comply with required standards within the applicable evaluation or
44-24 probation period.
44-25 SECTION 36. Subchapter D, Chapter 42, Human Resources Code,
45-1 is amended by adding Section 42.0715 to read as follows:
45-2 Sec. 42.0715. COSTS CHARGED TO FACILITY OR FAMILY HOME. The
45-3 department may charge a facility or family home for reimbursement
45-4 of the reasonable cost of services provided by the department in
45-5 formulating, monitoring, and implementing a corrective action plan
45-6 for the facility or family home.
45-7 SECTION 37. Section 42.072, Human Resources Code, is amended
45-8 to read as follows:
45-9 Sec. 42.072. LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR
45-10 REVOCATION. (a) The department [division] may suspend, deny, [or]
45-11 revoke, or refuse to renew the license, registration, or
45-12 certification of approval of a facility or family home that does
45-13 not comply with the requirements of this chapter, the standards and
45-14 rules of the department, or the specific terms of the license,
45-15 registration, or certification. The department may revoke the
45-16 probation of a person whose license or registration is suspended if
45-17 the person violates a term of the conditions of probation.
45-18 (b) If the department proposes to take an action under
45-19 Subsection (a), the person is entitled to a hearing conducted by
45-20 the State Office of Administrative Hearings. Proceedings for a
45-21 disciplinary action are governed by the administrative procedure
45-22 law, Chapter 2001, Government Code. Rules of practice adopted by
45-23 the board under Section 2001.004, Government Code, applicable to
45-24 the proceedings for a disciplinary action may not conflict with
45-25 rules adopted by the State Office of Administrative Hearings. [The
46-1 division shall notify the person operating or proposing to operate
46-2 a facility of the reasons for the denial or revocation and of the
46-3 person's right to appeal the decision within 30 days after
46-4 receiving the notice.]
46-5 (c) [A person who wishes to appeal a license denial or
46-6 revocation shall notify the director by certified mail within 30
46-7 days after receiving the notice required in Subsection (b) of this
46-8 section. The person shall send a copy of the notice of appeal to
46-9 the assigned division representative.]
46-10 [(d) The denial or revocation of a license or certification
46-11 and the appeal from that action are governed by the procedure for a
46-12 contested case hearing under Chapter 2001, Government Code.]
46-13 [(e) A person whose license has been denied or revoked may
46-14 challenge the decision by filing a suit in a district court of
46-15 Travis County or the county in which the person's facility is
46-16 located within 30 days after receiving the decision. The trial
46-17 shall be de novo.]
46-18 [(f) Records of the hearing shall be kept for two years
46-19 after a decision is rendered. On request, and at the person's own
46-20 expense, the division shall supply a copy of the verbatim
46-21 transcript of the hearing to a person appealing a license denial or
46-22 revocation in district court.]
46-23 [(g) A person may continue to operate a facility during an
46-24 appeal of a license denial or revocation unless the division has
46-25 obtained injunctive relief under Section 42.074 or civil penalties
47-1 under Section 42.075 or the facility has been closed under Section
47-2 42.073.]
47-3 [(h)] A person whose license, registration, or certification
47-4 is revoked may not apply for any license, registration, or
47-5 certification under this chapter before the second anniversary of
47-6 the date on which the revocation takes effect by department or
47-7 court order.
47-8 (d) The department by rule may provide for denial of an
47-9 application or renewal for a licensed facility, for certification
47-10 of approval of a facility, or for registering a family home or may
47-11 revoke a facility's license or certification or a family home's
47-12 registration based on findings of criminal history as a result of a
47-13 background or criminal history check.
47-14 SECTION 38. Section 42.073, Human Resources Code, is amended
47-15 to read as follows:
47-16 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY
47-17 OR FAMILY HOME. (a) The department [division] shall suspend a
47-18 facility's license or a family home's registration and[,] order the
47-19 immediate closing of the facility or family home[, and place the
47-20 children attending or residing in the facility elsewhere] if:
47-21 (1) the department [division] finds the facility or
47-22 family home is operating in violation of the applicable standards
47-23 prescribed by this chapter; and
47-24 (2) the violation creates an immediate threat to the
47-25 health and safety of the children attending or residing in the
48-1 facility or family home.
48-2 (b) An order suspending a license or registration and an
48-3 order closing a facility or family home under this section is
48-4 immediately effective on the date on which the [license] holder of
48-5 the license or registration receives written notice or on a later
48-6 date specified in the order.
48-7 (c) An order is valid for 10 days after the effective date
48-8 of the order.
48-9 [(d) The suspension of a license and the closure of the
48-10 facility and the appeal from that action are governed by the
48-11 procedures for a contested case hearing under Chapter 2001,
48-12 Government Code.]
48-13 SECTION 39. Subsections (a) and (c), Section 42.074, Human
48-14 Resources Code, are amended to read as follows:
48-15 (a) When it appears that a person has violated, is
48-16 violating, or is threatening to violate the licensing,
48-17 certification, or registration requirements of this chapter or the
48-18 department's licensing, certification, or registration rules and
48-19 standards, the department [division] may file a suit in a district
48-20 court in Travis County or in the county where the facility or
48-21 family home is located for assessment and recovery of civil
48-22 penalties under Section 42.075 [of this code], for injunctive
48-23 relief, including a temporary restraining order, or for both
48-24 injunctive relief and civil penalties.
48-25 (c) At the department's [division's] request, the attorney
49-1 general or the county or district attorney of the county in which
49-2 the facility or family home is located shall conduct a suit in the
49-3 name of the State of Texas for injunctive relief, to recover the
49-4 civil penalty, or for both injunctive relief and civil penalties as
49-5 authorized by Subsection (a) [of this section].
49-6 SECTION 40. Subsection (a), Section 42.075, Human Resources
49-7 Code, is amended to read as follows:
49-8 (a) A person is subject to a civil penalty of not less than
49-9 $50 nor more than $100 for each day of violation and for each act
49-10 of violation if the person:
49-11 (1) threatens serious harm to a child in a facility or
49-12 family home by violating a provision of this chapter or a
49-13 department rule or standard;
49-14 (2) violates a provision of this chapter or a
49-15 department rule or standard three or more times within a 12-month
49-16 period; or
49-17 (3) places a public advertisement for an unlicensed
49-18 facility or unregistered family home.
49-19 SECTION 41. Section 42.076, Human Resources Code, is amended
49-20 to read as follows:
49-21 Sec. 42.076. CRIMINAL PENALTIES. (a) A person who operates
49-22 a child-care facility or child-placing agency without a license
49-23 commits a Class B misdemeanor.
49-24 (b) A person who operates a family home without a
49-25 registration commits a Class B misdemeanor.
50-1 (c) A person who places a public advertisement for an
50-2 unlicensed facility or an unregistered family home commits a Class
50-3 C misdemeanor.
50-4 [(c) A person who places an advertisement for a registered
50-5 family home in violation of Section 42.052(f) of this code commits
50-6 a Class C misdemeanor.]
50-7 (d) It is not an offense under this section if a
50-8 professional provides legal or medical services to:
50-9 (1) a parent who identifies the prospective adoptive
50-10 parent and places the child for adoption without the assistance of
50-11 the professional; or
50-12 (2) a prospective adoptive parent who identifies a
50-13 parent and receives placement of a child for adoption without
50-14 assistance of the professional.
50-15 SECTION 42. Section 42.077, Human Resources Code, is amended
50-16 to read as follows:
50-17 Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY
50-18 HOME. (a) If the department revokes or suspends a facility's
50-19 license or a family home's registration, the department shall
50-20 publish notice of this action in a newspaper of general circulation
50-21 in the county in which the facility or family home is located. The
50-22 newspaper shall place the notice in the section in which
50-23 advertisements for day-care services are normally published.
50-24 (b) If a person who operates a facility or family home that
50-25 has had its license or registration revoked or suspended later
51-1 applies for a new license or registration to operate the same
51-2 facility or family home, the department shall charge the person an
51-3 application fee in an amount necessary to reimburse the department
51-4 for the cost of the notice relating to that facility or family
51-5 home.
51-6 (c) The department shall pay for publication of the notice
51-7 from funds appropriated to the department for licensing and
51-8 regulating child-care facilities and for registering and regulating
51-9 family homes and from appeal and application fees collected under
51-10 Subsection (b) [of this section] and appropriated to the
51-11 department.
51-12 (d) A facility or family home that has its license or
51-13 registration revoked or suspended shall mail notification of this
51-14 action by certified mail to the parents or guardian of the child
51-15 served by the facility or family home. The facility or family home
51-16 shall mail the notification within five days of the effective date
51-17 of the [license] revocation or suspension of the license or
51-18 registration.
51-19 SECTION 43. Subchapter D, Chapter 42, Human Resources Code,
51-20 is amended by adding Section 42.078 to read as follows:
51-21 Sec. 42.078. ADMINISTRATIVE PENALTY. (a) The department
51-22 may impose an administrative penalty against a facility or family
51-23 home licensed or registered under this chapter that violates this
51-24 chapter or a rule or order adopted under this chapter.
51-25 Nonmonetary, administrative penalties or remedies including but not
52-1 limited to corrective action plans, probation, and evaluation
52-2 periods shall be imposed when appropriate before monetary
52-3 penalties.
52-4 (b) Each day a violation continues or occurs is a separate
52-5 violation for purposes of imposing a penalty. The penalty for a
52-6 violation may be in an amount not to exceed the following limits,
52-7 based on the number of children receiving care at the facility or
52-8 family home at the time of the violation:
52-9 Number of children Maximum amount of penalty
52-10 20 or less $20
52-11 21-40 $30
52-12 41-60 $40
52-13 61-80 $50
52-14 81-100 $75
52-15 More than 100 $100
52-16 (c) The amount of the penalty shall be based on:
52-17 (1) the seriousness of the violation, including the
52-18 nature, circumstances, extent, and gravity of any prohibited acts,
52-19 and the hazard or potential hazard created to the health, safety,
52-20 or economic welfare of the public;
52-21 (2) the economic harm to property or the environment
52-22 caused by the violation;
52-23 (3) the history of previous violations;
52-24 (4) the amount necessary to deter future violations;
52-25 (5) efforts to correct the violation; and
53-1 (6) any other matter that justice may require.
53-2 (d) Monetary penalties shall not be assessed for violations
53-3 of clerical errors or standards which do not clearly apprise the
53-4 facility or family home of the action required by the standard.
53-5 (e) If the executive director determines that a violation
53-6 has occurred, the director may issue a recommendation on the
53-7 imposition of a penalty, including a recommendation on the amount
53-8 of the penalty.
53-9 (f) Within 14 days after the date the recommendation is
53-10 issued, the executive director shall give written notice of the
53-11 recommendation to the person owning or operating the facility. The
53-12 notice may be given by certified mail. The notice must include a
53-13 brief summary of the alleged violation and a statement of the
53-14 amount of the recommended penalty and must inform the person that
53-15 the person has a right to a hearing on the occurrence of the
53-16 violation, the amount of the penalty, or both the occurrence of the
53-17 violation and the amount of the penalty.
53-18 (g) Within 20 days after the date the person receives the
53-19 notice, the person in writing may accept the determination and
53-20 recommended penalty of the executive director or may make a written
53-21 request for a hearing on the occurrence of the violation, the
53-22 amount of the penalty, or both the occurrence of the violation and
53-23 the amount of the penalty.
53-24 (h) If the person accepts the determination and recommended
53-25 penalty of the executive director or fails to respond to the notice
54-1 in a timely manner, the executive director shall issue an order and
54-2 impose the recommended penalty.
54-3 (i) If the person requests a hearing, the executive director
54-4 shall set a hearing and give notice of the hearing to the person.
54-5 The hearing shall be held by an administrative law judge of the
54-6 State Office of Administrative Hearings. The administrative law
54-7 judge shall make findings of fact and conclusions of law and issue
54-8 a final decision finding that a violation has occurred and imposing
54-9 a penalty or finding that no violation occurred.
54-10 (j) The notice of the administrative law judge's order given
54-11 to the person under Chapter 2001, Government Code, must include a
54-12 statement of the right of the person to judicial review of the
54-13 order.
54-14 (k) Within 30 days after the date the administrative law
54-15 judge's order becomes final as provided by Section 2001.144,
54-16 Government Code, the person shall:
54-17 (1) pay the amount of the penalty;
54-18 (2) pay the amount of the penalty and file a petition
54-19 for judicial review contesting the occurrence of the violation, the
54-20 amount of the penalty, or both the occurrence of the violation and
54-21 the amount of the penalty; or
54-22 (3) without paying the amount of the penalty, file a
54-23 petition for judicial review contesting the occurrence of the
54-24 violation, the amount of the penalty, or both the occurrence of the
54-25 violation and the amount of the penalty.
55-1 (l) Within the 30-day period, a person who acts under
55-2 Subsection (k)(3) may:
55-3 (1) stay enforcement of the penalty by:
55-4 (A) paying the amount of the penalty to the
55-5 court for placement in an escrow account; or
55-6 (B) giving to the court a supersedeas bond that
55-7 is approved by the court for the amount of the penalty and that is
55-8 effective until all judicial review of the order is final; or
55-9 (2) request the court to stay enforcement of the
55-10 penalty by:
55-11 (A) filing with the court a sworn affidavit of
55-12 the person stating that the person is financially unable to pay the
55-13 amount of the penalty and is financially unable to give the
55-14 supersedeas bond; and
55-15 (B) giving a copy of the affidavit to the
55-16 executive director by certified mail.
55-17 (m) On receipt of a copy of an affidavit under Subsection
55-18 (l)(2), the executive director may file with the court, within five
55-19 days after the date the copy is received, a contest to the
55-20 affidavit. The court shall hold a hearing on the facts alleged in
55-21 the affidavit as soon as practicable and shall stay the enforcement
55-22 of the penalty on finding that the alleged facts are true. The
55-23 person who files an affidavit has the burden of proving that the
55-24 person is financially unable to pay the amount of the penalty and
55-25 to give a supersedeas bond.
56-1 (n) If the person does not pay the amount of the penalty and
56-2 the enforcement of the penalty is not stayed, the executive
56-3 director may refer the matter to the attorney general for
56-4 collection of the amount of the penalty.
56-5 (o) Judicial review of the order:
56-6 (1) is instituted by filing a petition as provided by
56-7 Subchapter G, Chapter 2001, Government Code; and
56-8 (2) is under the substantial evidence rule.
56-9 (p) If the court sustains the occurrence of the violation,
56-10 the court may uphold or reduce the amount of the penalty and order
56-11 the person to pay the full or reduced amount of the penalty. If
56-12 the court does not sustain the occurrence of the violation, the
56-13 court shall order that no penalty is owed.
56-14 (q) When the judgment of the court becomes final, the court
56-15 shall proceed under this subsection. If the person paid the amount
56-16 of the penalty and if that amount is reduced or is not upheld by
56-17 the court, the court shall order that the appropriate amount plus
56-18 accrued interest be remitted to the person. The rate of the
56-19 interest is the rate charged on loans to depository institutions by
56-20 the New York Federal Reserve Bank, and the interest shall be paid
56-21 for the period beginning on the date the penalty was paid and
56-22 ending on the date the penalty is remitted. If the person gave a
56-23 supersedeas bond and if the amount of the penalty is not upheld by
56-24 the court, the court shall order the release of the bond. If the
56-25 person gave a supersedeas bond and if the amount of the penalty is
57-1 reduced, the court shall order the release of the bond after the
57-2 person pays the amount.
57-3 (r) A penalty collected under this section shall be sent to
57-4 the comptroller for deposit in the general revenue fund.
57-5 (s) All proceedings under this section are subject to
57-6 Chapter 2001, Government Code.
57-7 SECTION 44. Chapter 43, Human Resources Code, is amended by
57-8 adding Section 43.0042 to read as follows:
57-9 Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER
57-10 STATE. (a) The department may waive any prerequisite to obtaining
57-11 a license for an applicant:
57-12 (1) after reviewing the applicant's credentials and
57-13 determining that the applicant holds a valid license from another
57-14 state that has license requirements substantially equivalent to
57-15 those of this state; or
57-16 (2) after determining the applicant has a valid
57-17 license from another state with which this state has a reciprocity
57-18 agreement.
57-19 (b) The department may enter into an agreement with another
57-20 state to permit licensing by reciprocity.
57-21 SECTION 45. Chapter 43, Human Resources Code, is amended by
57-22 adding Section 43.0055 to read as follows:
57-23 Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES.
57-24 (a) The department may not adopt rules restricting competitive
57-25 bidding or advertising by a license holder except to prohibit
58-1 false, misleading, or deceptive practices.
58-2 (b) In its rules to prohibit false, misleading, or deceptive
58-3 practices, the department may not include a rule that:
58-4 (1) restricts the use of any medium for advertising;
58-5 (2) restricts the use of a license holder's personal
58-6 appearance or voice in an advertisement;
58-7 (3) relates to the size or duration of an
58-8 advertisement by the license holder; or
58-9 (4) restricts the license holder's advertisement under
58-10 a trade name.
58-11 SECTION 46. Section 43.006, Human Resources Code, is amended
58-12 to read as follows:
58-13 Sec. 43.006. FEES. The board may set and charge fees for
58-14 administering an examination and issuing an initial license, [or]
58-15 renewal license, or provisional license in amounts necessary to
58-16 cover the costs of administering this chapter.
58-17 SECTION 47. Chapter 43, Human Resources Code, is amended by
58-18 adding Section 43.0081 to read as follows:
58-19 Sec. 43.0081. PROVISIONAL LICENSE. (a) The department may
58-20 issue a provisional license to an applicant licensed in another
58-21 state who applies for a license in this state. An applicant for a
58-22 provisional license under this section must:
58-23 (1) be licensed in good standing as a child-care
58-24 administrator for at least two years in another state, the District
58-25 of Columbia, a foreign country, or a territory of the United States
59-1 that has licensing requirements that are substantially equivalent
59-2 to the requirements of this chapter;
59-3 (2) have passed a national or other examination
59-4 recognized by the department that demonstrates competence in the
59-5 field of child-care administration; and
59-6 (3) be sponsored by a person licensed by the
59-7 department under this chapter with whom the provisional license
59-8 holder may practice under this section.
59-9 (b) The department may waive the requirement of Subsection
59-10 (a)(3) for an applicant if the department determines that
59-11 compliance with that subsection constitutes a hardship to the
59-12 applicant.
59-13 (c) A provisional license is valid until the date the
59-14 department approves or denies the provisional license holder's
59-15 application for a license. The department shall issue a license
59-16 under this chapter to the provisional license holder if:
59-17 (1) the provisional license holder passes the
59-18 examination required by Section 43.004;
59-19 (2) the department verifies that the provisional
59-20 license holder has the academic and experience requirements for a
59-21 license under this chapter; and
59-22 (3) the provisional license holder satisfies any other
59-23 license requirements under this chapter.
59-24 (d) The department must complete the processing of a
59-25 provisional license holder's application for a license not later
60-1 than the 180th day after the date the provisional license is
60-2 issued. The department may extend the 180-day limit if the results
60-3 of the license holder's examination have not been received by the
60-4 department.
60-5 SECTION 48. Subsections (b) through (f), Section 43.009,
60-6 Human Resources Code, are amended to read as follows:
60-7 (b) The board shall recognize, prepare, or administer
60-8 continuing education programs for license holders. The continuing
60-9 education requirement may be fulfilled by studies in the areas of
60-10 legal aspects of child care, concepts related to the field of
60-11 social work, or other subjects approved by the department.
60-12 (c) A person who is otherwise eligible to renew a license
60-13 may renew an unexpired license by paying to the department before
60-14 the expiration date of the license the required renewal fee. A
60-15 person whose license has expired may not engage in the activities
60-16 that require a license until the license has been renewed under the
60-17 provisions of this section.
60-18 (d) If a person's license has been expired for 90 days or
60-19 less, the person may renew the license by paying to the department
60-20 one and [the required renewal fee and a fee that is] one-half times
60-21 the required renewal [of the examination] fee [for the license].
60-22 (e) If a person's license has been expired for longer than
60-23 90 days but less than one year [two years], the person may renew
60-24 the license by paying to the department two times the required [all
60-25 unpaid] renewal [fees and a] fee [that is equal to the examination
61-1 fee for the license].
61-2 (f) If a person's license has been expired for one year [two
61-3 years] or longer, the person may not renew the license. The person
61-4 may obtain a new license by submitting to reexamination and
61-5 complying with the requirements and procedures for obtaining an
61-6 original license. If the [However, the department may renew
61-7 without reexamination an expired license of a] person [who] was
61-8 licensed in this state, moved to another state, and is currently
61-9 licensed and has been in practice in the other state for the two
61-10 years preceding application, the person may renew an expired
61-11 license without reexamination. The person must pay to the
61-12 department a fee that is equal to two times the required renewal
61-13 [the examination] fee for the license.
61-14 SECTION 49. Section 43.010, Human Resources Code, is amended
61-15 to read as follows:
61-16 Sec. 43.010. LICENSE REVOCATION, [OR] SUSPENSION, OR
61-17 REFUSAL; REPRIMAND OR PROBATION. (a) The department shall revoke,
61-18 suspend, or refuse to renew a license, place on probation a person
61-19 whose license has been suspended, or reprimand a license holder for
61-20 a violation by the license holder of this chapter or a rule of the
61-21 board.
61-22 (b) The department may revoke a license if the license
61-23 holder is:
61-24 (1) convicted of a felony;
61-25 (2) convicted of a misdemeanor involving fraud or
62-1 deceit;
62-2 (3) addicted to a dangerous drug or intemperate in the
62-3 use of alcohol; or
62-4 (4) grossly negligent in performing duties as a
62-5 child-care administrator.
62-6 (c) [(b)] The department shall suspend a license, place on
62-7 probation a person whose license has been suspended, or reprimand a
62-8 license holder for a violation of this chapter or a rule of the
62-9 board.
62-10 (d) If a license suspension is probated, the department may
62-11 require the license holder:
62-12 (1) to report regularly to the department on the
62-13 conditions [matters that are the basis] of the probation;
62-14 (2) to limit practice to the areas prescribed by the
62-15 department; or
62-16 (3) to continue or renew professional education until
62-17 the practitioner attains a degree of skill satisfactory to the
62-18 department in those areas in which improvement is a condition [that
62-19 are the basis] of the probation.
62-20 SECTION 50. Chapter 43, Human Resources Code, is amended by
62-21 adding Sections 43.0105 and 43.0106 to read as follows:
62-22 Sec. 43.0105. REVOCATION OF PROBATION. The department may
62-23 revoke the probation of a license holder whose license is suspended
62-24 if the license holder violates a term of the conditions of
62-25 probation.
63-1 Sec. 43.0106. DISCIPLINARY HEARING. If the department
63-2 proposes to suspend, revoke, or refuse to renew a person's license,
63-3 the person is entitled to a hearing conducted by the State Office
63-4 of Administrative Hearings. Proceedings for a disciplinary action
63-5 are governed by the administrative procedure law, Chapter 2001,
63-6 Government Code. Rules of practice adopted by the board under
63-7 Section 2001.004, Government Code, applicable to the proceedings
63-8 for a disciplinary action may not conflict with rules adopted by
63-9 the State Office of Administrative Hearings.
63-10 SECTION 51. Subdivision (2), Section 48.002, Human Resources
63-11 Code, is amended to read as follows:
63-12 (2) "Abuse" means:
63-13 (A) the negligent or wilful infliction of
63-14 injury, unreasonable confinement, intimidation, or cruel punishment
63-15 with resulting physical or emotional harm or pain to an elderly or
63-16 disabled person by the person's caretaker, family member, or other
63-17 individual who has an ongoing relationship with the person; or
63-18 (B) sexual abuse of an elderly or disabled
63-19 person, including any involuntary or nonconsensual sexual conduct
63-20 that would constitute an offense under[:]
63-21 [(i)] Section 21.08, Penal Code (indecent
63-22 exposure)[;] or
63-23 [(ii)] Chapter 22, Penal Code (assaultive
63-24 offenses), committed by the person's caretaker, family member, or
63-25 other individual who has an ongoing relationship with the person.
64-1 SECTION 52. Subsection (a), Section 48.0215, Human Resources
64-2 Code, as amended by Chapters 76, 303, and 1039, Acts of the 74th
64-3 Legislature, 1995, is amended to read as follows:
64-4 (a) The department shall file an application under Section
64-5 682 or 875 [Chapter XIII], [of the] Texas Probate Code, to be
64-6 appointed guardian of the person or [and] estate or both of an
64-7 individual who is a minor, is a conservatee of the department, and,
64-8 because of a physical or mental condition, will be substantially
64-9 unable to provide food, clothing, or shelter for himself or
64-10 herself, to care for the individual's own physical health, or to
64-11 manage the individual's own financial affairs when the individual
64-12 becomes an adult. If a less restrictive alternative to
64-13 guardianship is available for an individual, the department shall
64-14 pursue the alternative instead of applying for appointment as a
64-15 guardian.
64-16 SECTION 53. Section 48.0215, Human Resources Code, is
64-17 amended by amending Subsection (b) and adding Subsection (e) to
64-18 read as follows:
64-19 (b) As a last resort, the department may apply to be
64-20 appointed guardian of the person or estate of an elderly or
64-21 disabled person who is found by the department to be in a state of
64-22 abuse, neglect, or exploitation, and who, because of a physical or
64-23 mental condition, will be substantially unable to provide food,
64-24 clothing, or shelter for himself or herself, to care for the
64-25 individual's own physical health, or to manage the individual's own
65-1 financial affairs. A representative of the department shall take
65-2 the oath required by the Texas Probate Code on behalf of the
65-3 department if the department is appointed guardian. If the
65-4 department knows that an individual is willing and able to serve as
65-5 the guardian, the department may inform the court of that
65-6 individual's willingness and ability.
65-7 (e) The department may not be required to pay fees
65-8 associated with the appointment of a guardian ad litem or attorney
65-9 ad litem.
65-10 SECTION 54. Section 48.036, Human Resources Code, is amended
65-11 by amending Subsection (a) and adding Subsection (c) to read as
65-12 follows:
65-13 (a) Except as prescribed by Section 48.082, a person having
65-14 [reasonable] cause to believe that an elderly or disabled person is
65-15 in the state of abuse, exploitation, or neglect shall report the
65-16 information required by Subsection (b) immediately to the
65-17 department.
65-18 (c) The duty imposed by Subsection (a) applies without
65-19 exception to a person whose professional communications are
65-20 generally confidential, including an attorney, clergy member,
65-21 medical practitioner, social worker, and mental health
65-22 professional.
65-23 SECTION 55. Subchapter C, Chapter 48, Human Resources Code,
65-24 is amended by adding Section 48.0362 to read as follows:
65-25 Sec. 48.0362. FALSE REPORT; PENALTY. A person commits an
66-1 offense if the person knowingly or intentionally reports
66-2 information as provided in this chapter that the person knows is
66-3 false or lacks factual foundation. An offense under this section
66-4 is a Class B misdemeanor.
66-5 SECTION 56. Section 48.037, Human Resources Code, is amended
66-6 by adding Subsection (c) to read as follows:
66-7 (c) The department by rule may assign priorities and
66-8 prescribe investigative procedures for conducting investigations
66-9 according to the degree of severity and immediacy of the alleged
66-10 harm to the individual. Notwithstanding Subsection (a), the
66-11 department's priorities and procedures may provide that an
66-12 investigation is not required to be initiated within 24 hours in
66-13 all cases. This subsection does not apply to investigations
66-14 conducted under Subchapter E.
66-15 SECTION 57. Section 48.081, Human Resources Code, is amended
66-16 to read as follows:
66-17 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
66-18 IN COMMUNITY CENTERS. (a) The department shall receive and
66-19 investigate reports of the abuse, neglect, or exploitation of an
66-20 individual:
66-21 (1) receiving services in a facility operated by the
66-22 Texas Department of Mental Health and Mental Retardation; or
66-23 (2) being provided services through a program under
66-24 contract with a facility operated by the Texas Department of Mental
66-25 Health and Mental Retardation.
67-1 (b) The department and the Texas Department of Mental Health
67-2 and Mental Retardation shall develop joint rules to facilitate
67-3 investigations in state mental health and mental retardation
67-4 facilities.
67-5 (c) The department shall receive and investigate a report of
67-6 the alleged abuse, neglect, or exploitation of an individual
67-7 receiving services in a community center or from a program
67-8 providing services under contract with a community center.
67-9 (d) The department shall forward to a state mental health or
67-10 mental retardation facility, a community center, or a program
67-11 providing mental health or mental retardation services under
67-12 contract with such a facility or community center:
67-13 (1) a copy of any report the department receives
67-14 relating to alleged or suspected abuse, neglect, or exploitation of
67-15 an individual receiving services from that facility, community
67-16 center, or program; and
67-17 (2) a copy of the department's investigation findings
67-18 and report.
67-19 (e) The department and the Texas Department of Mental Health
67-20 and Mental Retardation by joint rules shall establish procedures
67-21 for resolving disagreements between the department and the Texas
67-22 Department of Mental Health and Mental Retardation concerning the
67-23 department's investigation findings. A confirmed investigation
67-24 finding by the department may not be changed by a superintendent of
67-25 a state mental health or mental retardation facility or a director
68-1 of a community center.
68-2 (f) After completion of the appeals process, the department
68-3 shall refer a complaint relating to an investigation conducted by
68-4 the department under this section to the department's ombudsman
68-5 office for appropriate action.
68-6 (g) [(f)] If the department's investigation under this
68-7 section reveals that an elderly or disabled person has been abused
68-8 by another person in a manner that constitutes a criminal offense
68-9 under any law, including Section 22.04, Penal Code, a copy of the
68-10 investigation shall be submitted to the appropriate law enforcement
68-11 agency.
68-12 (h) The department by rule may assign priorities to an
68-13 investigation conducted by the department under this section. The
68-14 primary criterion used by the department in assigning a priority
68-15 must be the risk that a delay in the investigation will impede the
68-16 collection of evidence.
68-17 (i) The department and the Texas Department of Mental Health
68-18 and Mental Retardation shall jointly develop and implement a single
68-19 system to track reports and investigations under this section. To
68-20 facilitate implementation of the system, the department and the
68-21 Texas Department of Mental Health and Mental Retardation shall use
68-22 appropriate methods of measuring the number and outcome of reports
68-23 and investigations under this section.
68-24 (j) [(g)] In this section, "community center" has the
68-25 meaning assigned by Section 531.002, Health and Safety Code.
69-1 SECTION 58. Subsections (b) through (f), Section 48.101,
69-2 Human Resources Code, are amended to read as follows:
69-3 (b) Confidential information may be disclosed only for a
69-4 purpose consistent with this chapter and as provided by department
69-5 or investigating state agency rule and applicable federal law.
69-6 (c) A court may order disclosure of confidential information
69-7 only if:
69-8 (1) a motion is filed with the court requesting
69-9 release of the information and a hearing on that request;
69-10 (2) notice of that hearing is served on the department
69-11 or investigating state agency and each interested party; and
69-12 (3) the court determines after the hearing and an in
69-13 camera review of the information that disclosure is essential to
69-14 the administration of justice and will not endanger the life or
69-15 safety of any individual who:
69-16 (A) is the subject of a report of abuse,
69-17 neglect, or exploitation;
69-18 (B) makes a report of abuse, neglect, or
69-19 exploitation; or
69-20 (C) participates in an investigation of reported
69-21 abuse, neglect, or exploitation.
69-22 (d) The department or investigating state agency by rule
69-23 shall provide for the release on request to a person who is the
69-24 subject of a report of abuse, neglect, or exploitation or to that
69-25 person's legal representative of otherwise confidential information
70-1 relating to that report. The department or investigating state
70-2 agency shall edit the information before release to protect the
70-3 confidentiality of information relating to the reporter's identity
70-4 and to protect any other individual whose safety or welfare may be
70-5 endangered by disclosure.
70-6 (e) The department or investigating state agency may adopt
70-7 rules relating to the release of information contained in the
70-8 record of a deceased individual who was the subject of an
70-9 investigation conducted by [to whom] the department or
70-10 investigating state agency [has provided protective services]. The
70-11 rules must be consistent with the purposes of this chapter and any
70-12 applicable state or federal law.
70-13 (f) The department or investigating state agency may
70-14 establish procedures to exchange with another state agency or
70-15 governmental entity information that is necessary for the
70-16 department, state [or the] agency, or entity to properly execute
70-17 its respective duties and responsibilities to provide services to
70-18 elderly or disabled persons under this chapter or other law. An
70-19 exchange of information under this subsection does not affect
70-20 whether the information is subject to disclosure under Chapter 552,
70-21 Government Code.
70-22 SECTION 59. Subsection (a), Section 48.103, Human Resources
70-23 Code, is amended to read as follows:
70-24 (a) A person, including a guardian and notwithstanding
70-25 Section 675, Texas Probate Code, may not interfere with:
71-1 (1) an investigation by the department or by a
71-2 protective services agency of alleged abuse, neglect, or
71-3 exploitation of an elderly or disabled person; or
71-4 (2) the provision of protective services to an elderly
71-5 or disabled person.
71-6 SECTION 60. Section 161.001, Family Code, is amended to read
71-7 as follows:
71-8 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
71-9 RELATIONSHIP. The court may order termination of the parent-child
71-10 relationship if the court finds by clear and convincing evidence:
71-11 (1) that the parent has:
71-12 (A) voluntarily left the child alone or in the
71-13 possession of another not the parent and expressed an intent not to
71-14 return;
71-15 (B) voluntarily left the child alone or in the
71-16 possession of another not the parent without expressing an intent
71-17 to return, without providing for the adequate support of the child,
71-18 and remained away for a period of at least three months;
71-19 (C) voluntarily left the child alone or in the
71-20 possession of another without providing adequate support of the
71-21 child and remained away for a period of at least six months;
71-22 (D) knowingly placed or knowingly allowed the
71-23 child to remain in conditions or surroundings which endanger the
71-24 physical or emotional well-being of the child;
71-25 (E) engaged in conduct or knowingly placed the
72-1 child with persons who engaged in conduct which endangers the
72-2 physical or emotional well-being of the child;
72-3 (F) failed to support the child in accordance
72-4 with his ability during a period of one year ending within six
72-5 months of the date of the filing of the petition;
72-6 (G) abandoned the child without identifying the
72-7 child or furnishing means of identification, and the child's
72-8 identity cannot be ascertained by the exercise of reasonable
72-9 diligence;
72-10 (H) voluntarily, and with knowledge of the
72-11 pregnancy, abandoned the mother of the child beginning at a time
72-12 during her pregnancy with the child and continuing through the
72-13 birth, failed to provide adequate support or medical care for the
72-14 mother during the period of abandonment before the birth of the
72-15 child, and remained apart from the child or failed to support the
72-16 child since the birth;
72-17 (I) contumaciously refused to submit to a
72-18 reasonable and lawful order of a court under Chapter 264;
72-19 (J) been the major cause of:
72-20 (i) the failure of the child to be
72-21 enrolled in school as required by the Education Code; or
72-22 (ii) the child's absence from the child's
72-23 home without the consent of the parents or guardian for a
72-24 substantial length of time or without the intent to return;
72-25 (K) executed before or after the suit is filed
73-1 an unrevoked or irrevocable affidavit of relinquishment of parental
73-2 rights as provided by this chapter;
73-3 (L) been adjudicated to be criminally
73-4 responsible for the death or serious injury of a child;
73-5 (M) had his or her parent-child relationship
73-6 terminated with respect to another child based on a finding that
73-7 the parent's conduct was in violation of Paragraph (D) or (E) or
73-8 substantially equivalent provisions of the law of another state;
73-9 [or]
73-10 (N) constructively abandoned the child who has
73-11 been in the permanent or temporary managing conservatorship of the
73-12 Department of Protective and Regulatory Services or an authorized
73-13 agency for not less than six months [one year], and:
73-14 (i) the department or authorized agency
73-15 has made reasonable efforts to return the child to the parent;
73-16 (ii) the parent has not regularly visited
73-17 or maintained significant contact with the child; and
73-18 (iii) the parent has demonstrated an
73-19 inability to provide the child with a safe environment; or
73-20 (O) failed to comply with the provisions of a
73-21 court order that specifically established the actions necessary for
73-22 the parent to obtain the return of the child who has been in the
73-23 permanent or temporary managing conservatorship of the Department
73-24 of Protective and Regulatory Services for not less than nine months
73-25 as a result of the child's removal from the parent under Chapter
74-1 262 for the abuse or neglect of the child; and
74-2 (2) that termination is in the best interest of the
74-3 child.
74-4 SECTION 61. Subchapter C, Chapter 161, Family Code, is
74-5 amended by adding Section 161.2011 to read as follows:
74-6 Sec. 161.2011. CONTINUANCE; ACCESS TO CHILD. (a) The court
74-7 shall not proceed to final trial in a suit to terminate the
74-8 parent-child relationship during the time that any criminal charges
74-9 filed against a parent whose rights are subject to termination in
74-10 the suit are pending if the criminal charges are directly related
74-11 to the grounds for which termination of the parent's rights are
74-12 sought unless it determines that it is in the best interest of the
74-13 child.
74-14 (b) Nothing in this section precludes the court from issuing
74-15 appropriate temporary orders as authorized in this code.
74-16 (c) The court in which a suit to terminate the parent-child
74-17 relationship is pending may render an order denying a parent access
74-18 to a child if the parent is indicted for criminal activity that
74-19 constitutes a ground for terminating the parent-child relationship
74-20 under Section 161.001. The denial of access under this section
74-21 shall continue until the date the criminal charges for which the
74-22 parent was indicted are resolved and the court renders an order
74-23 providing for access to the child by the parent.
74-24 SECTION 62. Subchapter B, Chapter 201, Family Code, is
74-25 amended by adding Section 201.1085 to read as follows:
75-1 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
75-2 PROTECTION CASES. The presiding judge may appoint a master for a
75-3 court handling child protection cases if the court needs assistance
75-4 in order to process the cases in a reasonable time.
75-5 SECTION 63. Section 261.001, Family Code, is amended by
75-6 adding Subdivision (7) to read as follows:
75-7 (7) "Board" means the Board of Protective and
75-8 Regulatory Services.
75-9 SECTION 64. Subchapter A, Chapter 261, Family Code, is
75-10 amended by adding Section 261.004 to read as follows:
75-11 Sec. 261.004. STATISTICS OF ABUSE AND NEGLECT OF CHILDREN.
75-12 (a) The department shall prepare and disseminate statistics by
75-13 county relating to the department's activities under this subtitle
75-14 and include the information specified in Subsection (b) in an
75-15 annual report available to the public.
75-16 (b) The department shall report the following information:
75-17 (1) the number of initial phone calls received by the
75-18 department alleging abuse and neglect;
75-19 (2) the number of children reported to the department
75-20 as having been abused and neglected;
75-21 (3) the number of reports received by the department
75-22 alleging abuse or neglect and assigned by the department for
75-23 investigation;
75-24 (4) of the children to whom Subdivision (2) applies:
75-25 (A) the number for whom the report was
76-1 substantiated;
76-2 (B) the number for whom the report was
76-3 unsubstantiated;
76-4 (C) the number for whom the report was
76-5 determined to be false;
76-6 (D) the number who did not receive services from
76-7 the department under a state or federal program;
76-8 (E) the number who received services, including
76-9 preventative services, from the department under a state or federal
76-10 program; and
76-11 (F) the number who were removed from the child's
76-12 home during the preceding year;
76-13 (5) the number of families in which the child was not
76-14 removed, but the child or family received services from the
76-15 department;
76-16 (6) the number of children who died during the
76-17 preceding year as a result of child abuse or neglect;
76-18 (7) of the children to whom Subdivision (6) applies,
76-19 the number who were in foster care at the time of death;
76-20 (8) the number of child protective services workers
76-21 responsible for report intake, assessment, or investigation;
76-22 (9) the response time by the department with respect
76-23 to conducting an initial investigation of a report of child abuse
76-24 or neglect;
76-25 (10) the response time by the department with respect
77-1 to commencing services to families and children for whom an
77-2 allegation of abuse or neglect has been made;
77-3 (11) the number of children who were returned to their
77-4 families or who received family preservation services and who,
77-5 before the fifth anniversary of the date of return or receipt, were
77-6 the victims of substantiated reports of child abuse or neglect,
77-7 including abuse or neglect resulting in the death of the child;
77-8 (12) the number of cases pursued by the department in
77-9 each stage of the judicial process, including civil and criminal
77-10 proceedings and the results of each proceeding; and
77-11 (13) the number of children for whom a person was
77-12 appointed by the court to represent the best interests of the child
77-13 and the average number of out-of-court contacts between the person
77-14 and the child.
77-15 (c) The department shall compile the information specified
77-16 in Subsection (b) for the preceding year in a report to be
77-17 submitted to the legislature and the general public not later than
77-18 February 1 of each year.
77-19 SECTION 65. Subsections (a), (b), and (c), Section 261.101,
77-20 Family Code, are amended to read as follows:
77-21 (a) A person having cause to believe that a child's physical
77-22 or mental health or welfare has been [or may be] adversely affected
77-23 by abuse or neglect by any person shall immediately make a report
77-24 as provided by this subchapter.
77-25 (b) If a professional has cause to believe that a child has
78-1 been [or may be] abused or neglected or that a child is a victim of
78-2 an offense under Section 21.11, Penal Code, and that the
78-3 professional has cause to believe that the child has been abused as
78-4 defined by Section 261.001, the professional shall make a report
78-5 not later than the 48th hour after the hour the professional first
78-6 suspects that the child has been or may be abused or neglected or
78-7 is a victim of an offense under Section 21.11, Penal Code. A
78-8 professional may not delegate to or rely on another person to make
78-9 the report. In this subsection, "professional" means an individual
78-10 who is licensed or certified by the state or who is an employee of
78-11 a facility licensed, certified, or operated by the state and who,
78-12 in the normal course of official duties or duties for which a
78-13 license or certification is required, has direct contact with
78-14 children. The term includes teachers, nurses, doctors, [and]
78-15 day-care employees, and employees of a clinic or health care
78-16 facility that provides reproductive services.
78-17 (c) The requirement to report under this section applies
78-18 without exception to an individual whose personal communications
78-19 may otherwise be privileged, including an attorney, a member of the
78-20 clergy, a medical practitioner, a social worker, [and] a mental
78-21 health professional, and an employee of a clinic or health care
78-22 facility that provides reproductive services.
78-23 SECTION 66. Subsection (a), Section 261.105, Family Code, is
78-24 amended to read as follows:
78-25 (a) All reports received by a local or state law enforcement
79-1 agency that allege abuse or neglect by a person responsible for a
79-2 child's care, custody, or welfare shall be referred immediately to
79-3 the department or the designated agency.
79-4 SECTION 67. Subchapter B, Chapter 261, Family Code, is
79-5 amended by adding Section 261.1055 to read as follows:
79-6 Sec. 261.1055. NOTIFICATION OF DISTRICT ATTORNEYS. (a) A
79-7 district attorney may inform the department or designated agency
79-8 that the district attorney wishes to receive notification of some
79-9 or all reports of suspected abuse or neglect of children who were
79-10 in the county at the time the report was made or who were in the
79-11 county at the time of the alleged abuse or neglect.
79-12 (b) If the district attorney makes the notification under
79-13 this section, the department or designated agency shall, on receipt
79-14 of a report of suspected abuse or neglect, immediately notify the
79-15 district attorney as requested and the department or designated
79-16 agency shall forward a copy of the reports to the district attorney
79-17 on request.
79-18 SECTION 68. Section 261.107, Family Code, is amended to read
79-19 as follows:
79-20 Sec. 261.107. FALSE REPORT; PENALTY. (a) A person commits
79-21 an offense if the person knowingly or intentionally makes a report
79-22 as provided in this chapter that the person knows is false or lacks
79-23 factual foundation. An offense under this section [subsection] is
79-24 a Class A [B] misdemeanor unless it is shown on the trial of the
79-25 offense that the person has previously been convicted under this
80-1 section, in which case the offense is a state jail felony.
80-2 (b) A finding by a court in a suit affecting the
80-3 parent-child relationship that a report made under this chapter
80-4 before or during the suit was false or lacking factual foundation
80-5 may be grounds for the court to modify an order providing for
80-6 possession of or access to the child who was the subject of the
80-7 report by restricting further access to the child by the person who
80-8 made the report.
80-9 (c) The appropriate county prosecuting attorney shall be
80-10 responsible for the prosecution of an offense under this section.
80-11 SECTION 69. Subsection (a), Section 261.201, Family Code, is
80-12 amended to read as follows:
80-13 (a) The following information is confidential, is not
80-14 subject to public release under Chapter 552, Government Code, and
80-15 may be disclosed only for purposes consistent with this code and
80-16 applicable federal or state law or under rules adopted by an
80-17 investigating agency:
80-18 (1) a report of alleged or suspected abuse or neglect
80-19 made under this chapter and the identity of the person making the
80-20 report; and
80-21 (2) except as otherwise provided in this section, the
80-22 files, reports, records, communications, audiotapes, videotapes,
80-23 and working papers used or developed in an investigation under this
80-24 chapter or in providing services as a result of an investigation.
80-25 SECTION 70. Subsection (a), Section 261.301, Family Code, is
81-1 amended to read as follows:
81-2 (a) With assistance from the appropriate state or local law
81-3 enforcement agency, the [The] department or designated agency shall
81-4 make a prompt and thorough investigation of a report of child abuse
81-5 or neglect allegedly committed by a person responsible for a
81-6 child's care, custody, or welfare.
81-7 SECTION 71. Subchapter D, Chapter 261, Family Code, is
81-8 amended by adding Section 261.3015 to read as follows:
81-9 Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning
81-10 priorities and prescribing investigative procedures based on the
81-11 severity and immediacy of the alleged harm to a child under Section
81-12 261.301(d), the board by rule shall establish a flexible response
81-13 system to allow the department to allocate resources by
81-14 investigating serious cases of abuse and neglect and providing
81-15 assessment and family preservation services in less serious cases.
81-16 (b) The classification under the flexible response system of
81-17 a case may be changed as warranted by the circumstances.
81-18 (c) The department may implement the flexible response
81-19 system by establishing a pilot program in a single department
81-20 service region. The department shall study the results of the
81-21 system in the region in determining the method by which to
81-22 implement the system statewide.
81-23 SECTION 72. Subchapter D, Chapter 261, Family Code, is
81-24 amended by adding Section 261.3019 to read as follows:
81-25 Sec. 261.3019. PILOT PROGRAMS FOR INVESTIGATIONS OF CHILD
82-1 ABUSE. (a) On or after September 1, 1997, but not later than
82-2 March 1, 1998, the department shall enter into two agreements, one
82-3 with a sheriff of a county with a population of not less than
82-4 500,000 and if necessary for jurisdictional purposes any other law
82-5 enforcement agency, and one with a sheriff of a county with a
82-6 population of 25,000 or less and if necessary for jurisdictional
82-7 purposes any other law enforcement agency, under which the sheriff
82-8 or law enforcement agency shall conduct investigations of reports
82-9 of abuse. The commissioners court of a county that is eligible to
82-10 establish a pilot program and that intends to do so shall inform
82-11 the department of the county's interest.
82-12 (b) An agreement under this section shall:
82-13 (1) specify the respective roles of law enforcement
82-14 and department staff in the investigative process;
82-15 (2) provide for the department to assist in the
82-16 removal of a child under Chapter 262 as necessary for the
82-17 protection of the child;
82-18 (3) provide for the use of any available children's
82-19 advocacy center or multidisciplinary team under Subchapter E,
82-20 Chapter 264;
82-21 (4) include provisions for the reimbursement by the
82-22 department from available state and federal funds of the costs
82-23 incurred by the sheriff or law enforcement agency in conducting an
82-24 investigation of a report of abuse;
82-25 (5) develop a plan for the transfer of calls received
83-1 by the state child abuse hotline to the local law enforcement
83-2 agency;
83-3 (6) develop a plan to be submitted to the department
83-4 that specifies the manner in which the county's law enforcement
83-5 agency shall handle investigations, investigator training, and the
83-6 processing of reports made to the local agency;
83-7 (7) permit an additional contract with other
83-8 appropriate local law enforcement agencies, if necessary for
83-9 jurisdictional purposes, to implement the pilot program; and
83-10 (8) contain provisions the department and the sheriff
83-11 and law enforcement determine to be necessary and appropriate.
83-12 (c) The department may provide advice and technical
83-13 assistance to the county to ensure that the county complies with
83-14 state and federal law in implementing and operating the pilot
83-15 program.
83-16 (d) Under each pilot program, the department shall provide
83-17 to a participating county law enforcement agency:
83-18 (A) information regarding:
83-19 (i) the average number of child abuse
83-20 cases that are typically investigated; and
83-21 (ii) staff and investigator training; and
83-22 (B) other assistance necessary to adequately
83-23 implement and fund the pilot program.
83-24 (e) Under the pilot program, the commissioners court shall
83-25 establish an independent local citizens review board composed of
84-1 seven volunteers who represent the community, including members who
84-2 have experience in matters relating to child abuse and including
84-3 one member who is licensed as a psychologist, one member licensed
84-4 as a medical or health professional, and one member who is a
84-5 licensed or ordained priest, rabbi, or officer of a religious
84-6 organization. A member of a review board may not be an employee of
84-7 or contract with any participating law enforcement agency or the
84-8 department. The citizens review board shall prepare and make
84-9 available to the public on an annual basis a report containing a
84-10 summary of the activities of the board.
84-11 (f) The commissioners court may apply for any grants and
84-12 research other sources of funding for the county's participation in
84-13 the pilot program.
84-14 (g) An agreement under Subsection (a) is not required to
84-15 provide for:
84-16 (1) the investigation of abuse alleged to have
84-17 occurred in a facility or home regulated by the department under
84-18 Chapter 42, Human Resources Code; or
84-19 (2) an investigation conducted under Section 48.081,
84-20 Human Resources Code, or Section 261.404.
84-21 (h) The state auditor shall perform an audit and evaluation
84-22 of the pilot program under this section. In preparing the
84-23 evaluation, the auditor shall consider any report prepared by a
84-24 citizens review board established under Subsection (e). The
84-25 auditor shall report, not later than March 1, 2001, the results of
85-1 the audit and evaluation to the presiding officers of both houses
85-2 of the 77th Legislature and to the governor. The report must
85-3 include an evaluation of the strengths and weaknesses of the pilot
85-4 program and a recommendation about the feasibility of expanding the
85-5 pilot program statewide.
85-6 (i) The department shall adopt rules necessary to perform
85-7 the department's duties under this section.
85-8 (j) This section expires September 1, 2001.
85-9 SECTION 73. Section 261.302, Family Code, is amended by
85-10 adding Subsection (e) to read as follows:
85-11 (e) An interview with a child alleged to be a victim of
85-12 physical abuse or sexual abuse shall be audiotaped or videotaped
85-13 unless the investigating agency determines that good cause exists
85-14 for not audiotaping or videotaping the interview in accordance with
85-15 rules of the agency. Good cause may include, but is not limited
85-16 to, such considerations as the age of the child and the nature and
85-17 seriousness of the allegations under investigation. Nothing in
85-18 this subsection shall be construed as prohibiting the investigating
85-19 agency from audiotaping or videotaping an interview of a child on
85-20 any case for which such audiotaping or videotaping is not required
85-21 under this subsection. The fact that the investigating agency
85-22 failed to audiotape or videotape an interview is admissible at the
85-23 trial of the offense that is the subject of the interview.
85-24 SECTION 74. Section 261.311, Family Code, is amended to read
85-25 as follows:
86-1 Sec. 261.311. NOTICE OF REPORT [INTERVIEW OR EXAMINATION].
86-2 (a) When [If,] during an investigation of a report of suspected
86-3 child abuse or neglect[,] a representative of the department or the
86-4 designated agency conducts an interview with or an examination of a
86-5 child, the department or designated agency shall make a reasonable
86-6 effort before 24 hours after the time of the interview or
86-7 examination to notify each parent of the child and the child's
86-8 legal guardian, if one has been appointed, of the nature of the
86-9 allegation and of the fact that the interview or examination was
86-10 conducted.
86-11 (b) If a report of suspected child abuse or neglect is
86-12 administratively closed by the department or designated agency as a
86-13 result of a preliminary investigation that did not include an
86-14 interview or examination of the child, the department or designated
86-15 agency shall make a reasonable effort before the expiration of 24
86-16 hours after the time the investigation is closed to notify each
86-17 parent and legal guardian of the child of the disposition of the
86-18 investigation.
86-19 (c) The notice required by Subsection (a) or (b) is not
86-20 required if the department or agency determines that the notice is
86-21 likely to endanger the safety of the child who is the subject of
86-22 the report, the person who made the report, or any other person who
86-23 participates in the investigation of the report.
86-24 (d) The notice required by Subsection (a) or (b) may be
86-25 delayed at the request of a law enforcement agency if notification
87-1 during the required time would interfere with an ongoing criminal
87-2 investigation.
87-3 SECTION 75. Subchapter D, Chapter 261, Family Code, is
87-4 amended by adding Section 261.315 to read as follows:
87-5 Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
87-6 FROM RECORDS. (a) At the conclusion of an investigation in which
87-7 the department determines that the person alleged to have abused or
87-8 neglected a child did not commit abuse or neglect, the department
87-9 shall notify the person of the person's right to request the
87-10 department to remove information about the person's alleged role in
87-11 the abuse or neglect report from the department's records.
87-12 (b) On request under Subsection (a) by a person whom the
87-13 department has determined did not commit abuse or neglect, the
87-14 department shall remove information from the department's records
87-15 concerning the person's alleged role in the abuse or neglect
87-16 report.
87-17 (c) The board shall adopt rules necessary to administer this
87-18 section.
87-19 SECTION 76. Subsection (a), Section 262.109, Family Code, is
87-20 amended to read as follows:
87-21 (a) The department or other agency must give written notice
87-22 as prescribed by this section to each parent of the child or to the
87-23 child's [parent,] conservator[,] or legal guardian when a
87-24 representative of the Department of Protective and Regulatory
87-25 Services or other agency takes possession of a child under this
88-1 chapter.
88-2 SECTION 77. Subsection (c), Section 262.201, Family Code, is
88-3 amended to read as follows:
88-4 (c) If the court finds sufficient evidence to satisfy a
88-5 person of ordinary prudence and caution that there is a continuing
88-6 danger to the physical health or safety of the child and for the
88-7 child to remain in the home is contrary to the welfare of the
88-8 child, the court shall:
88-9 (1) issue an appropriate temporary order under Chapter
88-10 105; and
88-11 (2) inform each parent in open court that parental and
88-12 custodial rights and duties may be subject to restriction or to
88-13 termination unless the parent or parents are willing and able to
88-14 provide the child with a safe environment.
88-15 SECTION 78. Section 262.201, Family Code, is amended by
88-16 adding Subsection (e) to read as follows:
88-17 (e) The court shall place a child removed from the child's
88-18 custodial parent with the child's noncustodial parent or with a
88-19 relative of the child if placement with the noncustodial parent is
88-20 inappropriate, unless placement with the noncustodial parent or a
88-21 relative is not in the best interest of the child.
88-22 SECTION 79. Subchapter C, Chapter 262, Family Code, is
88-23 amended by adding Section 262.2015 to read as follows:
88-24 Sec. 262.2015. ACCELERATED TRIAL ON THE MERITS. The court
88-25 may accelerate the trial schedule to result in a final order for a
89-1 child under the care of the department at an earlier date than
89-2 provided by Subchapter D, Chapter 263, if the court:
89-3 (1) orders at the conclusion of the full adversary
89-4 hearing that the child may not be placed in the child's home;
89-5 (2) finds that the child is a victim of serious bodily
89-6 injury or sexual abuse; and
89-7 (3) finds that there is probable cause to believe that
89-8 a party to the suit has engaged in conduct against the child that
89-9 would constitute an offense under the following provisions of the
89-10 Penal Code:
89-11 (A) Section 21.11 (indecency with a child);
89-12 (B) Section 22.011 (sexual assault);
89-13 (C) Section 22.02 (aggravated assault);
89-14 (D) Section 22.021 (aggravated sexual assault);
89-15 (E) Section 22.04 (injury to a child, elderly
89-16 individual, or disabled individual);
89-17 (F) Section 22.041 (abandoning or endangering
89-18 child);
89-19 (G) Section 25.02 (prohibited sexual conduct);
89-20 (H) Section 43.25 (sexual performance by a
89-21 child); or
89-22 (I) Section 43.26 (possession or promotion of
89-23 child pornography).
89-24 SECTION 80. Subchapter A, Chapter 263, Family Code, is
89-25 amended by adding Section 263.006 to read as follows:
90-1 Sec. 263.006. WARNING TO PARENTS. At the status hearing
90-2 under Subchapter C and at each permanency hearing under Subchapter
90-3 D held after the court has rendered a temporary order appointing
90-4 the department as temporary managing conservator, the court shall
90-5 inform each parent in open court that parental and custodial rights
90-6 and duties may be subject to restriction or to termination unless
90-7 the parent or parents are willing and able to provide the child
90-8 with a safe environment.
90-9 SECTION 81. Section 263.201, Family Code, is amended to read
90-10 as follows:
90-11 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
90-12 day after the date the court renders a temporary order appointing
90-13 the department as temporary managing conservator of a child [of a
90-14 full adversary hearing under Chapter 262], the court shall hold a
90-15 status hearing to review the child's status and the permanency plan
90-16 developed for the child.
90-17 SECTION 82. The heading to Subchapter D, Chapter 263, Family
90-18 Code, is amended to read as follows:
90-19 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
90-20 SECTION 83. Subsections (a) and (b), Section 263.301, Family
90-21 Code, are amended to read as follows:
90-22 (a) Notice of a permanency [review] hearing shall be given
90-23 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
90-24 persons entitled to notice of the hearing.
90-25 (b) The following persons are entitled to at least 10 days'
91-1 notice of a permanency hearing [to review a child's placement] and
91-2 are entitled to present evidence and be heard at the hearing:
91-3 (1) the department;
91-4 (2) the foster parent or director of the group home or
91-5 institution where the child is residing;
91-6 (3) each parent of the child;
91-7 (4) the managing conservator or guardian of the child;
91-8 [and]
91-9 (5) an attorney ad litem appointed for the child under
91-10 Chapter 107;
91-11 (6) a volunteer advocate appointed for the child under
91-12 Chapter 107; and
91-13 (7) any other person or agency named by the court to
91-14 have an interest in the child's welfare.
91-15 SECTION 84. Section 263.302, Family Code, is amended to read
91-16 as follows:
91-17 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
91-18 dispense with the attendance of the] child shall attend each
91-19 permanency hearing unless the court specifically excuses the
91-20 child's attendance. Failure by the child to attend a hearing does
91-21 not affect the validity of an order rendered at the [at a placement
91-22 review] hearing.
91-23 SECTION 85. Subchapter D, Chapter 263, Family Code, is
91-24 amended by adding Section 263.3025 to read as follows:
91-25 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
92-1 prepare a permanency plan for a child for whom the department has
92-2 been appointed temporary managing conservator. The department
92-3 shall give a copy of the plan to each person entitled to notice
92-4 under Section 263.301(b) not later than the 10th day before the
92-5 date of the child's first permanency hearing.
92-6 (b) In addition to the requirements of the department rules
92-7 governing permanency planning, the permanency plan must contain the
92-8 information required to be included in a permanency progress report
92-9 under Section 263.303.
92-10 (c) The department shall modify the permanency plan for a
92-11 child as required by the circumstances and needs of the child.
92-12 SECTION 86. Section 263.303, Family Code, is amended to read
92-13 as follows:
92-14 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
92-15 later than the 10th day before the date set for each permanency
92-16 hearing other than the first permanency [review] hearing, the
92-17 department or other authorized agency shall file with the court and
92-18 provide to each party, the child's attorney ad litem, and the
92-19 child's volunteer advocate a permanency progress [status] report
92-20 unless the court orders a different period for providing the report
92-21 [or orders that a report is not required for a specific hearing].
92-22 (b) The permanency progress [status] report must:
92-23 (1) recommend that the suit be dismissed; or
92-24 (2) recommend that the suit continue, and:
92-25 (A) identify the date for dismissal of the suit
93-1 under this chapter;
93-2 (B) provide:
93-3 (i) the name of any person entitled to
93-4 notice under Chapter 102 who has not been served;
93-5 (ii) a description of the efforts by the
93-6 department or another agency to locate and request service of
93-7 citation; and
93-8 (iii) a description of each parent's
93-9 assistance in providing information necessary to locate an unserved
93-10 party;
93-11 (C) evaluate [all relevant information
93-12 concerning each of the guidelines under this chapter and] the
93-13 parties' compliance with temporary orders and with the service
93-14 plan;
93-15 (D) evaluate whether the child's placement in
93-16 substitute care meets the child's needs and recommend other plans
93-17 or services to meet the child's special needs or circumstances;
93-18 (E) describe the permanency plan for the child
93-19 and recommend actions necessary to ensure that a final order
93-20 consistent with that permanency plan is rendered before the date
93-21 for dismissal of the suit under this chapter; and
93-22 (F) [(2) recommend one of the following actions:]
93-23 [(A) that the child be returned to the child's
93-24 home and that the suit be dismissed;]
93-25 [(B) that the child be returned to the child's
94-1 home with the department or other agency retaining conservatorship;]
94-2 [(C) that the child remain in substitute care
94-3 for a specified period and that the child's parents continue to
94-4 work toward providing the child with a safe environment;]
94-5 [(D) that the child remain in substitute care
94-6 for a specified period and that termination of parental rights be
94-7 sought under this code;]
94-8 [(E) that a child who has resided in substitute
94-9 care for at least 18 months be placed or remain in permanent or
94-10 long-term substitute care because of the child's special needs or
94-11 circumstances; or]
94-12 [(F) that other plans be made or other services
94-13 provided in accordance with the child's special needs or
94-14 circumstances; and]
94-15 [(3)] with respect to a child 16 years of age or
94-16 older, identify the services needed to assist the child in the
94-17 transition to adult life.
94-18 (c) A parent whose parental rights are the subject of a suit
94-19 affecting the parent-child relationship, the attorney for that
94-20 parent, or the child's attorney ad litem or guardian ad litem may
94-21 file a response to the department's or other agency's report filed
94-22 under Subsection (b). A response must be filed not later than the
94-23 third day before the date of the hearing.
94-24 SECTION 87. Section 263.304, Family Code, is amended to read
94-25 as follows:
95-1 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
95-2 Not later than the 180th day after the date the court renders a
95-3 temporary order appointing the department as temporary managing
95-4 conservator of a child [of the conclusion of the full adversary
95-5 hearing under Chapter 262], the court shall hold a permanency
95-6 hearing to review the status of, and permanency plan for, the [a]
95-7 child to ensure that a final order consistent with that permanency
95-8 plan is rendered before the date for dismissal of the suit under
95-9 this chapter [in substitute care in the court's jurisdiction,
95-10 including the time for the completion of the plan and the projected
95-11 date for the achievement of the child's permanency plan].
95-12 SECTION 88. Section 263.305, Family Code, is amended to read
95-13 as follows:
95-14 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
95-15 subsequent permanency hearing before entry of a final order
95-16 [Subsequent review hearings] shall be held [not earlier than 5 1/2
95-17 months and] not later than the 120th day [seven months] after the
95-18 date of the last permanency hearing in the suit. For [unless,
95-19 for] good cause shown or on the court's own motion [by a party],
95-20 the court may order more frequent hearings [an earlier hearing is
95-21 approved by the court].
95-22 SECTION 89. Section 263.306, Family Code, is amended to read
95-23 as follows:
95-24 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
95-25 each permanency [review] hearing the court shall [determine]:
96-1 (1) identify [the identity of] all persons or parties
96-2 present at the hearing or those given notice but failing to appear;
96-3 (2) review the efforts of the department or another
96-4 agency in:
96-5 (A) attempting to locate all necessary persons;
96-6 (B) requesting service of citation; and
96-7 (C) obtaining the assistance of a parent in
96-8 providing information necessary to locate an absent parent;
96-9 (3) return the child to the parent or parents if
96-10 [whether] the child's parent or parents are willing and able to
96-11 provide the child with a safe environment and the return of the
96-12 child is in the child's best interest;
96-13 (4) place the child with a person or entity, other
96-14 than a parent, entitled to service under Chapter 102 if the person
96-15 or entity is willing and able to provide the child with a safe
96-16 environment and the return of the child is in the child's best
96-17 interest;
96-18 (5) evaluate the department's efforts to identify
96-19 relatives who could provide the child with a safe environment, if
96-20 the child is not returned to a parent or another person or entity
96-21 entitled to service under Chapter 102;
96-22 (6) evaluate the parties' compliance with temporary
96-23 orders and
96-24 [(3) the extent to which the child's parents have
96-25 taken the necessary actions or responsibilities toward achieving
97-1 the plan goal during the period of the service plan and the extent
97-2 to which the department or other authorized agency has provided
97-3 assistance to the parents as provided in] the service plan;
97-4 (7) determine [(4)] whether:
97-5 (A) the child continues to need substitute care;
97-6 (B) [and whether] the child's current placement
97-7 is appropriate for meeting the child's needs; and
97-8 (C) other plans or services are needed to meet
97-9 the child's special needs or circumstances;
97-10 (8) if the child is placed in institutional care,
97-11 determine whether efforts have been made to ensure placement of the
97-12 child in the least restrictive environment consistent with the best
97-13 interest and special needs of the child;
97-14 (9) if the child is 16 years of age or older, order
97-15 services that are needed to assist the child in making the
97-16 transition from substitute care to independent living if the
97-17 services are available in the community;
97-18 (10) determine plans, services, and further temporary
97-19 orders necessary to ensure that a final order is rendered before
97-20 the date for dismissal of the suit under this chapter; and
97-21 (11) determine the date for dismissal of the suit
97-22 under this chapter and give notice in open court to all parties of:
97-23 (A) the dismissal date;
97-24 (B) the date of the next permanency hearing; and
97-25 (C) the date the suit is set for trial.
98-1 [(5) a date for achieving the child's permanency plan;]
98-2 [(6) if the child has been in substitute care for not
98-3 less than 18 months, the future status of the child and the
98-4 appropriateness of the date by which the child may return home and
98-5 whether to render further appropriate orders;]
98-6 [(7) if the child is in substitute care outside the
98-7 state, whether the out-of-state placement continues to be
98-8 appropriate and in the best interest of the child;]
98-9 [(8) whether the child's parents are willing and able
98-10 to provide the child with a safe environment without the assistance
98-11 of a service plan and, if so, return the child to the parents;]
98-12 [(9) whether the child's parents are willing and able
98-13 to provide the child with a safe environment with the assistance of
98-14 a service plan and, if so, return the child or continue the
98-15 placement of the child in the child's home under the department's
98-16 or other agency's supervision;]
98-17 [(10) whether the child's parents are presently
98-18 unwilling or unable to provide the child with a safe environment,
98-19 even with the assistance of a service plan, and, if so, order the
98-20 child to remain under the department's or other agency's managing
98-21 conservatorship for a period of time specified by the court;]
98-22 [(11) whether a long-term substitute care placement is
98-23 in the child's best interest because of the child's special needs
98-24 or circumstances and, if so, begin a long-term substitute care
98-25 placement and if the child is placed in institutional care, whether
99-1 efforts have been made to ensure placement of the child in the
99-2 least restrictive environment consistent with the best interest and
99-3 special needs of the child;]
99-4 [(12) whether a child is 16 years of age or older and,
99-5 if so, order the services that are needed to assist the child in
99-6 making the transition from substitute care to independent living if
99-7 the services are available in the community;]
99-8 [(13) whether the child has been placed with the
99-9 department under a voluntary placement agreement and, if so, order
99-10 that the department will institute further proceedings or return
99-11 the child to the parents;]
99-12 [(14) whether the department or authorized agency has
99-13 custody, care, and control of the child under an affidavit of
99-14 relinquishment of parental rights naming the department managing
99-15 conservator and, if so, direct the department or authorized agency
99-16 to institute further proceedings; and]
99-17 [(15) whether parental rights to the child have been
99-18 terminated and, if so, determine whether the department or
99-19 authorized agency will attempt to place the child for adoption.]
99-20 SECTION 90. Chapter 263, Family Code, is amended by adding
99-21 Subchapters E and F to read as follows:
99-22 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
99-23 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
99-24 (a) Unless the court has rendered a final order or granted an
99-25 extension under Subsection (b), on the first Monday after the first
100-1 anniversary of the date the court rendered a temporary order
100-2 appointing the department as temporary managing conservator, the
100-3 court shall dismiss the suit affecting the parent-child
100-4 relationship filed by the department that requests termination of
100-5 the parent-child relationship or requests that the department be
100-6 named conservator of the child.
100-7 (b) On or before the time described by Subsection (a) for
100-8 the dismissal of the suit, the court may extend the court's
100-9 jurisdiction of the suit for a period stated in the extension
100-10 order, but not longer than 180 days after the time described by
100-11 Subsection (a), if the court has continuing jurisdiction of the
100-12 suit and the appointment of the department as temporary managing
100-13 conservator is in the best interest of the child. If the court
100-14 grants an extension, the extension order must also:
100-15 (1) schedule the new date for dismissal of the suit;
100-16 and
100-17 (2) make further temporary orders for the safety and
100-18 welfare of the child as necessary to avoid further delay in
100-19 resolving the suit.
100-20 (c) If the court grants an extension, the court shall render
100-21 a final order or dismiss the suit on or before the date specified
100-22 in the extension order and may not grant an additional extension.
100-23 (d) For purposes of this section, a final order is an order
100-24 that:
100-25 (1) requires that a child be returned to the child's
101-1 parent;
101-2 (2) names a relative of the child or another person as
101-3 the child's managing conservator;
101-4 (3) without terminating the parent-child relationship,
101-5 appoints the department as the managing conservator of the child;
101-6 or
101-7 (4) terminates the parent-child relationship and
101-8 appoints a relative of the child, another suitable person, or the
101-9 department as managing conservator of the child.
101-10 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
101-11 RELATIVE. (a) Notwithstanding Section 263.401, the court may
101-12 retain jurisdiction and not dismiss the suit or render a final
101-13 order as required by that section if the court renders a temporary
101-14 order that:
101-15 (1) finds that retaining jurisdiction under this
101-16 section is in the best interest of the child;
101-17 (2) orders the department to return the child to the
101-18 child's parent or to place the child with a relative of the child;
101-19 (3) orders the department to continue to serve as
101-20 temporary managing conservator of the child; and
101-21 (4) orders the department to monitor the child's
101-22 placement to ensure that the child is in a safe environment.
101-23 (b) If the court renders an order under this section, the
101-24 court shall:
101-25 (1) include in the order specific findings regarding
102-1 the grounds for the order; and
102-2 (2) schedule a new date, not later than the 180th day
102-3 after the date the temporary order is rendered, for dismissal of
102-4 the suit.
102-5 (c) If a child placed with a parent or relative under this
102-6 section must be moved from that home by the department before the
102-7 dismissal of the suit or the rendering of a final order, the court
102-8 shall, at the time of the move, schedule a new date for dismissal
102-9 of the suit. The new dismissal date may not be later than the
102-10 original dismissal date established under Section 263.401 or the
102-11 180th day after the date the child is moved under this subsection,
102-12 whichever date is later.
102-13 (d) If the court renders an order under this section, the
102-14 court must include in the order specific findings regarding the
102-15 grounds for the order.
102-16 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
102-17 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
102-18 may render a final order appointing the department as managing
102-19 conservator of the child without terminating the rights of the
102-20 parent of the child if the court finds that:
102-21 (1) appointment of a parent as managing conservator
102-22 would not be in the best interest of the child because the
102-23 appointment would significantly impair the child's physical health
102-24 or emotional development; and
102-25 (2) it would not be in the best interest of the child
103-1 to appoint a relative of the child or another person as managing
103-2 conservator.
103-3 (b) In determining whether the department should be
103-4 appointed as managing conservator of the child without terminating
103-5 the rights of a parent of the child, the court shall take the
103-6 following factors into consideration:
103-7 (1) that the child will reach 18 years of age in not
103-8 less than three years;
103-9 (2) that the child is 12 years of age or older and has
103-10 expressed a strong desire against termination or being adopted;
103-11 (3) that the child has special medical or behavioral
103-12 needs that make adoption of the child unlikely; and
103-13 (4) the needs and desires of the child.
103-14 (Sections 263.404-263.500 reserved for expansion
103-15 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
103-16 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
103-17 the department has been named as a child's managing conservator in
103-18 a final order that does not include termination of parental rights,
103-19 the court shall conduct a placement review hearing at least once
103-20 every six months until the child becomes an adult.
103-21 (b) If the department has been named as a child's managing
103-22 conservator in a final order that terminates a parent's parental
103-23 rights, the court shall conduct a placement review hearing at least
103-24 once every six months until the date the child is adopted or the
103-25 child becomes an adult.
104-1 (c) Notice of a placement review hearing shall be given as
104-2 provided by Rule 21a, Texas Rules of Civil Procedure, to each
104-3 person entitled to notice of the hearing.
104-4 (d) The following are entitled to not less than 10 days'
104-5 notice of a placement review hearing:
104-6 (1) the department;
104-7 (2) the foster parent or director of the group home or
104-8 institution in which the child is residing;
104-9 (3) each parent of the child;
104-10 (4) each possessory conservator or guardian of the
104-11 child;
104-12 (5) the child's attorney ad litem and volunteer
104-13 advocate, if the appointments were not dismissed in the final
104-14 order; and
104-15 (6) any other person or agency named by the court as
104-16 having an interest in the child's welfare.
104-17 (e) The court may dispense with the requirement that the
104-18 child attend a placement review hearing.
104-19 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
104-20 the 10th day before the date set for a placement review hearing,
104-21 the department or other authorized agency shall file a placement
104-22 review report with the court and provide a copy to each person
104-23 entitled to notice under Section 263.501(d).
104-24 (b) For good cause shown, the court may order a different
104-25 time for filing the placement review report or may order that a
105-1 report is not required for a specific hearing.
105-2 (c) The placement review report must:
105-3 (1) evaluate whether the child's current placement is
105-4 appropriate for meeting the child's needs;
105-5 (2) evaluate whether efforts have been made to ensure
105-6 placement of the child in the least restrictive environment
105-7 consistent with the best interest and special needs of the child if
105-8 the child is placed in institutional care;
105-9 (3) identify the services that are needed to assist a
105-10 child who is at least 16 years of age in making the transition from
105-11 substitute care to independent living if the services are available
105-12 in the community;
105-13 (4) identify other plans or services that are needed
105-14 to meet the child's special needs or circumstances; and
105-15 (5) describe the efforts of the department or
105-16 authorized agency to place the child for adoption if parental
105-17 rights to the child have been terminated and the child is eligible
105-18 for adoption.
105-19 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
105-20 placement review hearing, the court shall determine whether:
105-21 (1) the child's current placement is appropriate for
105-22 meeting the child's needs;
105-23 (2) efforts have been made to ensure placement of the
105-24 child in the least restrictive environment consistent with the best
105-25 interest and special needs of the child if the child is placed in
106-1 institutional care;
106-2 (3) the services that are needed to assist a child who
106-3 is at least 16 years of age in making the transition from
106-4 substitute care to independent living are available in the
106-5 community;
106-6 (4) other plans or services are needed to meet the
106-7 child's special needs or circumstances; and
106-8 (5) the department or authorized agency has exercised
106-9 due diligence in attempting to place the child for adoption if
106-10 parental rights to the child have been terminated and the child is
106-11 eligible for adoption.
106-12 SECTION 91. Section 264.009, Family Code, is amended to read
106-13 as follows:
106-14 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT.
106-15 (a) Except as provided by Subsection (b), (c), or (f), in any
106-16 action under this code [title], the department shall be represented
106-17 in court by the county[:]
106-18 [(1) prosecuting] attorney [who represents the state
106-19 in criminal cases in the district or county court] of the county
106-20 where the action is brought, unless the district attorney or
106-21 criminal district attorney of the county elects to provide
106-22 representation[; or]
106-23 [(2) attorney general].
106-24 (b) If the county attorney, district attorney, or criminal
106-25 district attorney is unable to represent the department in an
107-1 action under this code because of a conflict of interest or because
107-2 special circumstances exist, the attorney general shall represent
107-3 the department in the action.
107-4 (c) If the attorney general is unable to represent the
107-5 department in an action under this code, the attorney general shall
107-6 deputize an attorney who has contracted with the department under
107-7 Subsection (d) or an attorney employed by the department under
107-8 Subsection (e) to represent the department in the action.
107-9 (d) Subject to the approval of the attorney general, the
107-10 department may contract with a private attorney to represent the
107-11 department in an action under this code.
107-12 (e) The department may employ attorneys to represent the
107-13 department in an action under this code.
107-14 (f) In a county with a population of 2.8 million or more, in
107-15 an action under this code, the department shall be represented in
107-16 court by the attorney who represents the state in civil cases in
107-17 the district or county court of the county where the action is
107-18 brought. If such attorney is unable to represent the department in
107-19 an action under this code because of a conflict of interest or
107-20 because special circumstances exist, the attorney general shall
107-21 represent the department in the action [In a county with a
107-22 population of 2,800,000 or more, in an action under this title, the
107-23 department shall be represented in court by the:]
107-24 [(1) attorney who represents the state in civil cases
107-25 in the district or county court of the county where the action is
108-1 brought; or]
108-2 [(2) attorney general].
108-3 SECTION 92. Subchapter B, Chapter 264, Family Code, is
108-4 amended by amending Section 264.106 and adding Section 264.1061 to
108-5 read as follows:
108-6 Sec. 264.106. CONTRACTS FOR SUBSTITUTE CARE SERVICES
108-7 [CONTRACT RESIDENTIAL CARE]. (a) The department shall:
108-8 (1) assess the need for substitute care services
108-9 throughout the state; and
108-10 (2) contract with substitute care providers only to
108-11 the extent necessary to meet the need for those services.
108-12 (b) Before contracting with a substitute care provider, the
108-13 department shall determine whether:
108-14 (1) community resources are available to support
108-15 children placed under the provider's care; and
108-16 (2) the appropriate public school district has
108-17 sufficient resources to support children placed under the
108-18 provider's care if the children will attend public school.
108-19 (c) In addition to the requirements of Section 40.058(b),
108-20 Human Resources Code, a contract with a substitute care provider
108-21 must include provisions that:
108-22 (1) enable the department to monitor the effectiveness
108-23 of the provider's services; and
108-24 (2) authorize the department to terminate the contract
108-25 or impose sanctions for a violation of a provision of the contract
109-1 that specifies performance criteria.
109-2 (d) In determining whether to contract with a substitute
109-3 care provider, the department shall consider the provider's
109-4 performance under any previous contract for substitute care
109-5 services between the department and the provider.
109-6 (e) In this section, "substitute care provider" means a
109-7 person who provides residential care for children for 24 hours a
109-8 day, including:
109-9 (1) a child-care institution, as defined by Section
109-10 42.002, Human Resources Code;
109-11 (2) a child-placing agency, as defined by Section
109-12 42.002, Human Resources Code;
109-13 (3) a foster group home or foster family home, as
109-14 defined by Section 42.002, Human Resources Code; and
109-15 (4) an agency group home or agency home, as defined by
109-16 Section 42.002, Human Resources Code, other than an agency group
109-17 home, agency home, or a foster home verified or certified by the
109-18 department [make reasonable efforts to ensure that the expenditure
109-19 of appropriated funds to purchase contract residential care for
109-20 children is allocated to providers on a fixed monthly basis if:]
109-21 [(1) the allocation is cost effective; and]
109-22 [(2) the number, type, needs, and conditions of the
109-23 children served are reasonably constant.]
109-24 [(b) This section does not apply to the purchase of care in
109-25 a foster family home].
110-1 Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department
110-2 shall monitor the performance of a foster parent who has been
110-3 verified by the department in the department's capacity as a
110-4 child-placing agency. The method under which performance is
110-5 monitored must include the use of objective criteria by which the
110-6 foster parent's performance may be assessed. The department shall
110-7 include references to the criteria in a written agreement between
110-8 the department and the foster parent concerning the foster parent's
110-9 services.
110-10 SECTION 93. Subchapter B, Chapter 264, Family Code, is
110-11 amended by adding Section 264.1075 to read as follows:
110-12 Sec. 264.1075. USE OF ASSESSMENT SERVICES. Before placing a
110-13 child in substitute care, the department shall use assessment
110-14 services provided by a child-care facility or child-placing agency
110-15 in accordance with Section 42.0425, Human Resources Code, to
110-16 determine the appropriate substitute care for the child.
110-17 SECTION 94. Subchapter C, Chapter 264, Family Code, is
110-18 amended by adding Sections 264.206 and 264.207 to read as follows:
110-19 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. (a) The
110-20 department shall begin its efforts to locate qualified persons to
110-21 adopt a child, including persons registered with the adoptive
110-22 parent registry under Subchapter B, at the time the department's
110-23 permanency plan for the child becomes the termination of the
110-24 parent-child relationship and adoption of the child.
110-25 (b) The department shall report to the court in which the
111-1 department petitions for termination of the parent-child
111-2 relationship on the child's adoptability and the department's
111-3 search for prospective adoptive parents for the child, including
111-4 information relating to the department's efforts to work with
111-5 licensed child-placing agencies.
111-6 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
111-7 (a) The department shall adopt policies that provide for the
111-8 improvement of the department's services for children and families,
111-9 including policies that provide for conducting a home study within
111-10 four months after the date an applicant is approved for an adoption
111-11 and documenting the results of the home study within 30 days after
111-12 the date the study is completed. The policies adopted under this
111-13 section must:
111-14 (1) be designed to increase the accountability of the
111-15 department to individuals who receive services and to the public;
111-16 and
111-17 (2) assure consistency of services provided by the
111-18 department in the different regions of the state.
111-19 (b) To accomplish the goals stated in Subsection (a), the
111-20 department shall:
111-21 (1) establish time frames for the initial screening of
111-22 families seeking to adopt children;
111-23 (2) provide for the evaluation of the effectiveness of
111-24 the department's management-level employees in expeditiously making
111-25 permanent placements for children;
112-1 (3) establish, as feasible, comprehensive assessment
112-2 services in various locations in the state to determine the needs
112-3 of children and families served by the department;
112-4 (4) emphasize and centralize the monitoring and
112-5 promoting of the permanent placement of children receiving
112-6 department services;
112-7 (5) establish goals and performance measures in the
112-8 permanent placement of children;
112-9 (6) seek private licensed child-placing agencies to
112-10 place a child in the department's managing conservatorship who has
112-11 been available for permanent placement for more than 90 days;
112-12 (7) provide information to private licensed
112-13 child-placing agencies concerning children under Subdivision (6);
112-14 (8) provide incentives for a private licensed
112-15 child-placing agency that places a child, as defined by Section
112-16 162.301, under Subdivision (6);
112-17 (9) encourage foster parents to be approved by the
112-18 department as both foster parents and adoptive parents;
112-19 (10) address failures by the department's service
112-20 regions in making permanent placements for children in a reasonable
112-21 time; and
112-22 (11) require the department's service regions to
112-23 participate in the Texas Adoption Resource Exchange.
112-24 SECTION 95. Section 264.514, Family Code, is amended by
112-25 amending Subsection (a) and adding Subsection (c) to read as
113-1 follows:
113-2 (a) A medical examiner or justice of the peace notified of a
113-3 death of a child under Section 264.513 shall hold an inquest under
113-4 Chapter 49, Code of Criminal Procedure, to determine whether the
113-5 death is unexpected or the result of abuse or neglect. An inquest
113-6 is not required under this subchapter if the child's death is
113-7 expected and is due to a congenital or neoplastic disease. A death
113-8 caused by an infectious disease may be considered an expected death
113-9 if:
113-10 (1) the disease was not acquired as a result of trauma
113-11 or poisoning;
113-12 (2) the infectious organism is identified using
113-13 standard medical procedures; and
113-14 (3) the death is not reportable to the Texas
113-15 Department of Health under Chapter 81, Health and Safety Code.
113-16 (c) In this section, the terms "abuse" and "neglect" have
113-17 the meaning assigned those terms by Section 261.001.
113-18 SECTION 96. Section 411.114, Government Code, is amended to
113-19 read as follows:
113-20 Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
113-21 DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. (a)(1) In this
113-22 subsection the terms "child," "child-care facility," and "family
113-23 home" have the meanings assigned by Section 42.002, Human Resources
113-24 Code.
113-25 (2) The Department of Protective and Regulatory
114-1 Services shall [is entitled to] obtain from the department criminal
114-2 history record information maintained by the department that
114-3 relates to a person who is:
114-4 (A) an applicant for a license, registration, or
114-5 certification under Chapter 42, Human Resources Code;
114-6 (B) an owner or employee of or an applicant for
114-7 employment by a child-care facility or family home licensed,
114-8 registered, or certified under that chapter;
114-9 (C) a resident of a registered family home, but
114-10 not a child in the home's care or a parent of the child;
114-11 (D) an applicant for a position with the
114-12 Department of Protective and Regulatory Services, the duties of
114-13 which include direct delivery of protective services to children,
114-14 elderly persons, or persons with a disability;
114-15 (E) [a volunteer or applicant volunteer with a
114-16 local affiliate in this state of Big Brothers/Big Sisters of
114-17 America;]
114-18 [(F) a volunteer or applicant volunteer with the
114-19 "I Have a Dream/Houston" program;]
114-20 [(G)] an employee of, an applicant for
114-21 employment with, or a volunteer or an applicant volunteer with a
114-22 business entity or person that contracts with the Department of
114-23 Protective and Regulatory Services to provide direct delivery of
114-24 protective services to children, elderly persons, or persons with a
114-25 disability, if the person's duties or responsibilities include
115-1 direct contact with children, elderly persons, or persons with a
115-2 disability;
115-3 (F) [(H)] a volunteer or applicant volunteer
115-4 with the Department of Protective and Regulatory Services;
115-5 (G) [(I) a volunteer or applicant volunteer with
115-6 an organization that provides court-appointed special advocates for
115-7 abused or neglected children;]
115-8 [(J)] a person providing or applying to provide
115-9 adoptive or foster care for children in the care of the Department
115-10 of Protective and Regulatory Services and other adults living with
115-11 that person in the residence in which the child will reside;
115-12 (H) [(K)] a Department of Protective and
115-13 Regulatory Services employee who is engaged in the direct delivery
115-14 of protective services to children, elderly persons, or persons
115-15 with a disability;
115-16 (I) [(L)] a person who is the subject of a
115-17 report the department receives alleging that the person has abused
115-18 or neglected a child, an elderly person, or a person with a
115-19 disability, provided that report has proven to have merit;
115-20 (J) [(M)] a relative providing or applying to
115-21 provide in-home care for a child in the care of the Department of
115-22 Protective and Regulatory Services and other adults living with
115-23 that relative in the residence in which the child will reside; or
115-24 (K) [(N)] a person providing child care for a
115-25 child who is in the care of the Department of Protective and
116-1 Regulatory Services and who is or will be receiving adoptive,
116-2 foster, or in-home care[;]
116-3 [(O) a person providing, at the request of the
116-4 child's parent, in-home care for a child who is the subject of a
116-5 report alleging the child has been abused or neglected; or]
116-6 [(P) a volunteer or applicant volunteer with a
116-7 Texas chapter of the Make-a-Wish Foundation of America].
116-8 (3) The Department of Protective and Regulatory
116-9 Services is entitled to obtain from the department criminal history
116-10 record information maintained by the department that relates to a
116-11 person who is:
116-12 (A) a volunteer or applicant volunteer with a
116-13 local affiliate in this state of Big Brothers/Big Sisters of
116-14 America;
116-15 (B) a volunteer or applicant volunteer with the
116-16 "I Have a Dream/Houston" program;
116-17 (C) a volunteer or applicant volunteer with an
116-18 organization that provides court-appointed special advocates for
116-19 abused or neglected children;
116-20 (D) a person providing, at the request of the
116-21 child's parent, in-home care for a child who is the subject of a
116-22 report alleging the child has been abused or neglected;
116-23 (E) a volunteer or applicant volunteer with a
116-24 Texas chapter of the Make-a-Wish Foundation of America; or
116-25 (F) a person providing, at the request of the
117-1 child's parent, in-home care for a child only if the person gives
117-2 written consent to the release and disclosure of the information.
117-3 (4) Subject to Section 411.087, the department shall:
117-4 (A) obtain through the Federal Bureau of
117-5 Investigation criminal history record information maintained or
117-6 indexed by that bureau that pertains to a person described by
117-7 Subdivision (2); or
117-8 (B) obtain from any other criminal justice
117-9 agency in this state criminal history record information maintained
117-10 by that criminal justice agency that relates to a person described
117-11 by Subdivision (2).
117-12 (5) The Department of Protective and Regulatory
117-13 Services may not use the authority granted under this section to
117-14 harass an employee or volunteer. The Board of Protective and
117-15 Regulatory Services shall adopt rules to prevent the harassment of
117-16 an employee or volunteer through the request and use of criminal
117-17 records.
117-18 (6) [(4)] Criminal history record information obtained
117-19 by the Department of Protective and Regulatory Services under this
117-20 subsection may not be released to any person except:
117-21 (A) on court order;
117-22 (B) with the consent of the person who is the
117-23 subject of the criminal history record information;
117-24 (C) for purposes of an administrative hearing
117-25 held by the Department of Protective and Regulatory Services
118-1 concerning the person who is the subject of the criminal history
118-2 record information; or
118-3 (D) as provided by Subdivision (7) [(5)].
118-4 (7) [(5)] The Department of Protective and Regulatory
118-5 Services is not prohibited from releasing criminal history record
118-6 information obtained under this subsection to:
118-7 (A) the person who is the subject of the
118-8 criminal history record information;
118-9 (B) a child-care facility that employs or is
118-10 considering employing the person who is the subject of the criminal
118-11 history record information;
118-12 (C) a person or business entity described by
118-13 Subsection (a)(2)(E) [(a)(2)(G)] who uses or intends to use the
118-14 services of the volunteer or employs or is considering employing
118-15 the person who is the subject of the criminal history record
118-16 information; or
118-17 (D) an adult residing with a child and the
118-18 person who is the subject of the criminal history record
118-19 information, if the Department of Protective and Regulatory
118-20 Services determines that the release of information to the adult is
118-21 necessary to ensure the safety or welfare of the child or adult.
118-22 (b) The failure or refusal to provide a complete set of
118-23 fingerprints or a complete name on request constitutes good cause
118-24 for dismissal or refusal to hire, as applicable, with regard to a
118-25 volunteer of or an employee or applicant for permanent or temporary
119-1 employment with the department, or a facility, home, business, or
119-2 other entity, if the volunteer position, employment, or potential
119-3 employment involves direct interaction with or the opportunity to
119-4 interact and associate with children.
119-5 (c) The Department of Protective and Regulatory Services may
119-6 charge an organization or person that requests criminal history
119-7 record information under Subsection (a)(3) [(a)(2)] a fee in an
119-8 amount necessary to cover the costs of obtaining the information on
119-9 the organization's or person's behalf.
119-10 SECTION 97. Section 531.001, Government Code, is amended to
119-11 read as follows:
119-12 Sec. 531.001. DEFINITIONS. In this chapter:
119-13 (1) "Caseload standards" means the minimum and maximum
119-14 number of cases that an employee can reasonably be expected to
119-15 perform in a normal work month based on the number of cases handled
119-16 by or the number of different job functions performed by the
119-17 employee.
119-18 (2) "Commission" means the Health and Human Services
119-19 Commission.
119-20 (3) [(2)] "Commissioner" means the commissioner of
119-21 health and human services.
119-22 (4) [(3)] "Health and human services agencies"
119-23 includes the:
119-24 (A) Interagency Council on Early Childhood
119-25 Intervention Services;
120-1 (B) Texas Department on Aging;
120-2 (C) Texas Commission on Alcohol and Drug Abuse;
120-3 (D) Texas Commission for the Blind;
120-4 (E) Texas Commission for the Deaf and Hard of
120-5 Hearing [Impaired];
120-6 (F) Texas Department of Health;
120-7 (G) Texas Department of Human Services;
120-8 (H) Texas Juvenile Probation Commission;
120-9 (I) Texas Department of Mental Health and Mental
120-10 Retardation;
120-11 (J) Texas Rehabilitation Commission; and
120-12 (K) Department of Protective and Regulatory
120-13 Services.
120-14 (5) "Professional caseload standards" means caseload
120-15 standards that are established or are recommended for establishment
120-16 for employees of health and human services agencies by management
120-17 studies conducted for health and human services agencies or by an
120-18 authority or association, including the Child Welfare League of
120-19 America, the National Eligibility Workers Association, the National
120-20 Association of Social Workers, and associations of state health and
120-21 human services agencies.
120-22 SECTION 98. Subchapter B, Chapter 531, Government Code, is
120-23 amended by adding Section 531.047 to read as follows:
120-24 Sec. 531.047. SUBSTITUTE CARE PROVIDER OUTCOME STANDARDS.
120-25 (a) The commission, after consulting with representatives from the
121-1 Department of Protective and Regulatory Services, the Texas
121-2 Juvenile Probation Commission, and the Texas Department of Mental
121-3 Health and Mental Retardation, shall by rule adopt result-oriented
121-4 standards that a provider of substitute care services for children
121-5 under the care of the state must achieve.
121-6 (b) A health and human services agency that purchases
121-7 substitute care services must include the result-oriented standards
121-8 as requirements in each substitute care service provider contract.
121-9 (c) A health and human services agency may provide
121-10 information about a substitute care provider, including rates,
121-11 contracts, outcomes, and client information, to another agency that
121-12 purchases substitute care services.
121-13 SECTION 99. Subchapter B, Chapter 531, Government Code, is
121-14 amended by adding Section 531.048 to read as follows:
121-15 Sec. 531.048. CASELOAD STANDARDS. (a) After considering
121-16 the recommendations of the caseload standards advisory committees
121-17 under Section 531.049(e), the commissioner may establish caseload
121-18 standards and other standards relating to caseloads for each
121-19 category of caseworker employed by the Texas Department of Human
121-20 Services or the Department of Protective and Regulatory Services.
121-21 (b) In establishing standards under this section, the
121-22 commissioner shall:
121-23 (1) ensure the standards are based on the actual
121-24 duties of the caseworker;
121-25 (2) ensure the caseload standards are reasonable and
122-1 achievable;
122-2 (3) ensure the standards are consistent with existing
122-3 professional caseload standards;
122-4 (4) consider standards developed by other states for
122-5 caseworkers in similar positions of employment; and
122-6 (5) ensure the standards are consistent with existing
122-7 caseload standards of other state agencies.
122-8 (c) Subject to the availability of funds appropriated by the
122-9 legislature, the commissioner of human services and the executive
122-10 director of the Department of Protective and Regulatory Services
122-11 shall use the standards established by the commissioner under this
122-12 section to determine the number of personnel to assign as
122-13 caseworkers for their respective agencies.
122-14 (d) Subject to the availability of funds appropriated by the
122-15 legislature, the Texas Department of Human Services and the
122-16 Department of Protective and Regulatory Services shall use the
122-17 standards established by the commissioner to assign caseloads to
122-18 individual caseworkers employed by those agencies.
122-19 (e) The commissioner shall include a recommendation made to
122-20 the commissioner by a caseload standards advisory committee under
122-21 Section 531.049(e) in the strategic plan of the agency that is the
122-22 subject of the recommendation.
122-23 (f) Nothing in this section may be construed to create a
122-24 cause of action.
122-25 SECTION 100. Subchapter B, Chapter 531, Government Code, is
123-1 amended by adding Section 531.049 to read as follows:
123-2 Sec. 531.049. CASELOAD STANDARDS ADVISORY COMMITTEES.
123-3 (a) A caseload standards advisory committee is established in the
123-4 Department of Protective and Regulatory Services, and a caseload
123-5 standards advisory committee is established in the Texas Department
123-6 of Human Services.
123-7 (b) A caseload standards advisory committee is composed of
123-8 10 employees appointed by the commissioner who are unit supervisors
123-9 or caseworkers in the agency in which the committee is established.
123-10 To the extent practicable, a caseload standards advisory committee
123-11 must include a unit supervisor or caseworker from each program area
123-12 of the agency in which the committee is established.
123-13 (c) The commissioner shall make appointments to a caseload
123-14 standards advisory committee from a list submitted by the
123-15 commissioner or the executive director of the agency in which the
123-16 committee is established.
123-17 (d) Members of a caseload standards advisory committee serve
123-18 at the pleasure of the commissioner.
123-19 (e) Each caseload standards advisory committee shall:
123-20 (1) review professional caseload standards and other
123-21 caseload standards and recommendations the committee considers
123-22 appropriate and recommend to the commissioner minimum and maximum
123-23 caseloads for each category of caseworker employed by the agency in
123-24 which the advisory committee is established; and
123-25 (2) advise and make recommendations to the
124-1 commissioner on granting the agency in which the advisory committee
124-2 has been established the authority to waive certain reporting
124-3 standards when the caseload of a caseworker employed by the agency
124-4 exceeds the maximum number established by the commissioner under
124-5 Section 531.048(a).
124-6 (f) The commissioner shall dissolve a caseload standards
124-7 advisory committee if the commissioner determines that the caseload
124-8 standards advisory committee is no longer necessary to develop and
124-9 implement the standards required under Section 531.048(a).
124-10 (g) Except as otherwise provided by this section, a caseload
124-11 standards advisory committee is subject to Article 6252-33, Revised
124-12 Statutes.
124-13 (h) Nothing in this section may be construed to create a
124-14 cause of action.
124-15 SECTION 101. Section 700, Texas Probate Code, is amended to
124-16 read as follows:
124-17 Sec. 700. OATH OF GUARDIAN. (a) The guardian shall take an
124-18 oath to discharge faithfully the duties of guardian for the person
124-19 or estate, or both, of a ward.
124-20 (b) A representative of the Department of Protective and
124-21 Regulatory Services shall take the oath required by Subsection (a)
124-22 of this section if the department is appointed guardian.
124-23 SECTION 102. Subsection (e), Article 49.10, Code of Criminal
124-24 Procedure, is amended to read as follows:
124-25 (e) A justice of the peace shall order an autopsy performed
125-1 on a body if:
125-2 (1) the justice determines that an autopsy is
125-3 necessary to determine or confirm the nature and cause of death;
125-4 (2) the deceased was a child younger than six years of
125-5 age and the death is determined [was reported] under Section
125-6 264.514 [Chapter 264], Family Code, to be unexpected or the result
125-7 of abuse or neglect; or
125-8 (3) directed to do so by the district attorney,
125-9 criminal district attorney, or, if there is no district or criminal
125-10 district attorney, the county attorney.
125-11 SECTION 103. (a) Representatives from each state agency
125-12 that purchases substitute care services for children under the
125-13 state's care shall meet to:
125-14 (1) assess the total need for substitute care services
125-15 in this state; and
125-16 (2) develop and implement a competitive bidding
125-17 process to purchase substitute care services.
125-18 (b) Except as provided by Subsection (c) of this section,
125-19 each state agency must use the competitive bidding process created
125-20 under Subsection (a) of this section to purchase substitute care
125-21 services.
125-22 (c) A state agency is not required to use the competitive
125-23 bidding process to purchase:
125-24 (1) foster family care services;
125-25 (2) substitute care services in a geographic area of
126-1 this state that has a shortage of service providers; or
126-2 (3) specialized substitute care services if there is a
126-3 shortage of providers of the specialized services.
126-4 (d) The state agency representatives shall meet and develop
126-5 the competitive bidding process for purchasing substitute care
126-6 services as soon as possible after the effective date of this Act.
126-7 (e) Not later than September 1, 1998, the Department of
126-8 Protective and Regulatory Services shall develop and implement a
126-9 pilot program under which the department purchases substitute care
126-10 services through a competitive bidding process. The department
126-11 must design the pilot program to produce a substitute care system
126-12 that is outcome-based and that uses the department's outcome
126-13 measures.
126-14 SECTION 104. (a) Sections 263.308 and 263.309, Family Code,
126-15 are repealed.
126-16 (b) Section 42.050, Human Resources Code, as amended by
126-17 Chapter 1052, Acts of the 70th Legislature, Regular Session, 1987,
126-18 is repealed.
126-19 SECTION 105. (a) Except as otherwise provided by this Act,
126-20 this Act takes effect September 1, 1997.
126-21 (b) The Board of Protective and Regulatory Services shall
126-22 adopt rules necessary to administer the changes in law made by this
126-23 Act not later than November 1, 1997.
126-24 (c) The changes in law made by this Act in the
126-25 qualifications of, and the prohibitions applying to, members of the
127-1 Board of Protective and Regulatory Services do not affect the
127-2 entitlement of a member serving on the board immediately before
127-3 September 1, 1997, to continue to carry out the functions of the
127-4 board for the remainder of the member's term. The changes in law
127-5 apply only to a member appointed on or after September 1, 1997.
127-6 This Act does not prohibit a person who is a member of the board on
127-7 September 1, 1997, from being reappointed to the board if the
127-8 person has the qualifications required for a member under Chapter
127-9 40, Human Resources Code, as amended by this Act.
127-10 (d) The executive director of the Department of Protective
127-11 and Regulatory Services shall appoint the members of the strategic
127-12 technology steering committee established by Section 40.0305, Human
127-13 Resources Code, as added by this Act, not later than November 1,
127-14 1997.
127-15 (e) Except as provided by Section 106 of this Act and
127-16 Subsection (f) of this section, the change in law made by this Act
127-17 relating to a disciplinary proceeding or contested case of the
127-18 Department of Protective and Regulatory Services applies only to a
127-19 proceeding initiated on or after the effective date of this Act.
127-20 (f) The change in law made by this Act relating to the
127-21 imposition of a penalty or other disciplinary action on a person or
127-22 entity regulated by the Department of Protective and Regulatory
127-23 Services applies only to a violation that occurs on or after the
127-24 effective date of this Act. A violation that occurs before the
127-25 effective date of this Act is governed by the law in effect on the
128-1 date the violation occurred, and the former law is continued in
128-2 effect for that purpose.
128-3 (g) The change in law made by this Act relating to the
128-4 qualifications for a license issued by the Department of Protective
128-5 and Regulatory Services applies only to an application for a
128-6 license made on or after the effective date of this Act. An
128-7 application made before the effective date of this Act is governed
128-8 by the law in effect on the date the application was made, and the
128-9 former law is continued in effect for that purpose.
128-10 (h) The change in law made by this Act regarding the
128-11 termination of the parent-child relationship applies only to a suit
128-12 affecting the parent-child relationship in which termination of the
128-13 parent-child relationship is sought filed on or after the effective
128-14 date of this Act. A suit affecting the parent-child relationship
128-15 in which termination of the parent-child relationship is sought
128-16 filed before the effective date of this Act is governed by the law
128-17 in effect on the date the suit was filed, and the former law is
128-18 continued in effect for that purpose.
128-19 SECTION 106. (a) The change in law made by this Act
128-20 relating to a contested case hearing conducted by the State Office
128-21 of Administrative Hearings on behalf of the Department of
128-22 Protective and Regulatory Services applies only to a hearing that
128-23 begins on or after January 1, 1998. Notwithstanding any other
128-24 provision of this Act, a hearing that begins before that date is
128-25 governed by the law in effect at the time the hearing begins, and
129-1 that law is continued in effect for that purpose.
129-2 (b) The executive director of the Department of Protective
129-3 and Regulatory Services and the chief administrative law judge of
129-4 the State Office of Administrative Hearings may agree to transfer
129-5 contested cases pending before the Department of Protective and
129-6 Regulatory Services to the State Office of Administrative Hearings
129-7 before January 1, 1998.
129-8 SECTION 107. Section 42.0461, Human Resources Code, as added
129-9 by this Act, applies only to an application for a license or for
129-10 authorization to expand capacity under a license filed on or after
129-11 the effective date of this Act. An application filed before the
129-12 effective date of this Act is governed by the law in effect at the
129-13 time the application was filed, and the former law is continued in
129-14 effect for that purpose.
129-15 SECTION 108. (a) The change in law made by Sections 76 and
129-16 77 and Sections 80 through 90 of this Act takes effect January 1,
129-17 1998.
129-18 (b) Except as provided by Subsection (c) of this section,
129-19 Sections 76 and 77 and Sections 80 through 90 of this Act apply to
129-20 a pending suit affecting the parent-child relationship regardless
129-21 of whether the suit was commenced before, on, or after the
129-22 effective date of this Act.
129-23 (c) If the Department of Protective and Regulatory Services
129-24 has been appointed temporary managing conservator of a child before
129-25 January 1, 1998, the court shall at the first hearing conducted on
130-1 or after that date under Chapter 263, Family Code, establish a date
130-2 for dismissal of the suit not later than the second anniversary of
130-3 the date of the hearing, unless the court has rendered a final
130-4 order before the dismissal date.
130-5 SECTION 109. The change in law made by this Act to Section
130-6 261.101, Family Code, applies only to a report of child abuse or
130-7 neglect made on or after the effective date of this Act. A report
130-8 made before that date is governed by the law in effect on the date
130-9 the report was made, and the former law is continued in effect for
130-10 that purpose.
130-11 SECTION 110. The changes in law made by this Act to Article
130-12 49.10, Code of Criminal Procedure, and Section 264.514, Family
130-13 Code, take effect September 1, 1997, and apply only to a death of a
130-14 child younger than six years of age that occurs on or after
130-15 September 1, 1997. A death of a child that occurs before
130-16 September 1, 1997, is governed by the law as it existed immediately
130-17 before the effective date of this Act, and that law is continued in
130-18 effect for that purpose.
130-19 SECTION 111. The Health and Human Services Commission shall
130-20 adopt the rules required by Section 531.047, Government Code, as
130-21 added by this Act, not later than January 1, 1998.
130-22 SECTION 112. An agency that purchases substitute care
130-23 services shall review the effectiveness of the result-oriented
130-24 standards adopted under Section 531.047, Government Code, as added
130-25 by this Act, and report to the governor, lieutenant governor,
131-1 speaker of the house of representatives, comptroller, and
131-2 Legislative Budget Board not later than January 31, 1999.
131-3 SECTION 113. (a) A caseload standards advisory committee
131-4 shall make its recommendations under Subsection (e), Section
131-5 531.049, Government Code, as added by this Act, not later than
131-6 March 1, 1998.
131-7 (b) The commissioner of health and human services shall
131-8 adopt rules prescribing the standards required by Subsection (a),
131-9 Section 531.048, Government Code, as added by this Act, not later
131-10 than September 1, 1999.
131-11 SECTION 114. Not later than September 15, 1997, each agency
131-12 or subdivision of the state that inspects child-care facilities
131-13 shall submit a copy of the inspection form used by the agency or
131-14 subdivision to the Department of Protective and Regulatory Services
131-15 for the department's use in implementing Section 42.0441, Human
131-16 Resources Code, as added by this Act.
131-17 SECTION 115. Not later than February 1, 1998, the Department
131-18 of Protective and Regulatory Services, the Texas Department of
131-19 Human Services, the Texas Department of Health, and the Texas
131-20 Workforce Commission shall report the recommendations for the
131-21 protocol for coordinated inspections provided by Section 42.0442,
131-22 Human Resources Code, as added by this Act, to their respective
131-23 governing boards or commissions. The implementation of the
131-24 protocol shall begin not later than June 1, 1998.
131-25 SECTION 116. The Department of Protective and Regulatory
132-1 Services shall establish a working group to coordinate the
132-2 processing of child protection cases. The working group shall
132-3 consist of representatives from the Office of Court Administration,
132-4 the Texas Supreme Court, and district and county attorneys'
132-5 offices. The working group shall report its recommendations to the
132-6 Texas Supreme Court not later than September 1, 1998. After
132-7 considering the recommendations of the working group, the Texas
132-8 Supreme Court shall adopt rules regarding the processing of child
132-9 protection cases.
132-10 SECTION 117. If, before implementing any provision of this
132-11 Act, a state agency determines that a waiver or authorization from
132-12 a federal agency is necessary to implement a provision, the state
132-13 agency shall request the waiver or authorization and may delay
132-14 implementing the provision until the waiver or authorization is
132-15 granted.
132-16 SECTION 118. The importance of this legislation and the
132-17 crowded condition of the calendars in both houses create an
132-18 emergency and an imperative public necessity that the
132-19 constitutional rule requiring bills to be read on three several
132-20 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 359
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 359 passed the Senate on
April 8, 1997, by a viva-voce vote; May 26, 1997, Senate refused to
concur in House amendments and requested appointment of Conference
Committee; May 29, 1997, House granted request of the Senate;
May 31, 1997, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 359 passed the House, with
amendments, on May 22, 1997, by a non-record vote; May 29, 1997,
House granted request of the Senate for appointment of Conference
Committee; May 31, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor