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AN ACT
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relating to the flexible response system for investigations of |
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child abuse or neglect reports by the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.3015, Family Code, is amended to |
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read as follows: |
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Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning |
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priorities and prescribing investigative procedures based on the |
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severity and immediacy of the alleged harm to a child under Section |
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261.301(d), the department shall establish a flexible response |
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system to allow the department to make the most effective use of |
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resources to investigate and respond to reported [by investigating
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serious] cases of abuse and neglect. |
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(b) Notwithstanding Section 261.301, the department may, in |
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accordance with this section and department rules, conduct an |
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alternative response to a report of abuse or neglect if the report |
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does not: |
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(1) allege sexual abuse of a child; |
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(2) allege abuse or neglect that caused the death of a |
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child; or |
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(3) indicate a risk of serious physical injury or |
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immediate serious harm to a child. |
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(c) The department may administratively close a reported |
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case of abuse or neglect without completing the investigation or |
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alternative response and without providing services or making a |
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referral to another entity for assistance [and by screening out
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less serious cases of abuse and neglect] if the department |
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determines, after contacting a professional or other credible |
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source, that the child's safety can be assured without further |
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investigation, response, services, or assistance. |
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(d) In determining how to classify a reported case of abuse |
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or neglect under the flexible response system, the child's safety |
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is the primary concern [The department may administratively close
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the less serious cases without providing services or making a
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referral to another entity for assistance.
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[(a-1)
For purposes of Subsection (a), a case is considered
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to be a less serious case of abuse or neglect if the circumstances
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of the case do not indicate an immediate risk of abuse or neglect
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that could result in the death of or serious harm to the child who is
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the subject of the case]. |
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[(b)] The classification [under the flexible response
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system] of a case may be changed as warranted by the circumstances. |
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(e) An alternative response to a report of abuse or neglect |
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must include: |
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(1) a safety assessment of the child who is the subject |
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of the report; |
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(2) an assessment of the child's family; and |
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(3) in collaboration with the child's family, |
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identification of any necessary and appropriate service or support |
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to reduce the risk of future harm to the child. |
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(f) An alternative response to a report of abuse or neglect |
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may not include a formal determination of whether the alleged abuse |
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or neglect occurred. |
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(g) [(c)] The department may implement the alternative |
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[flexible] response in one or more of the department's |
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administrative regions before implementing the system statewide |
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[system by establishing a pilot program in a single department
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service region]. The department shall study the results of the |
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system in the regions where the system has been implemented |
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[region] in determining the method by which to implement the system |
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statewide. |
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SECTION 2. Not later than December 1, 2013, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement Section 261.3015, Family |
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Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 423 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 423 passed the House on |
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May 15, 2013, by the following vote: Yeas 145, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |