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AN ACT
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relating to the provision of services by the Department of Family |
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and Protective Services, including child protective services and |
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prevention and early intervention services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.204(a), Family Code, is amended to |
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read as follows: |
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(a) Not later than March 1 of each year, the [The] |
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department shall publish an [annual] aggregated report using |
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information compiled from each child fatality investigation for |
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which the department made a finding regarding abuse or neglect, |
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including cases in which the department determined the fatality was |
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not the result of abuse or neglect. The report must protect the |
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identity of individuals involved and contain the following |
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information: |
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(1) the age and sex of the child and the county in |
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which the fatality occurred; |
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(2) whether the state was the managing conservator of |
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the child or whether the child resided with the child's parent, |
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managing conservator, guardian, or other person entitled to the |
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possession of the child at the time of the fatality; |
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(3) the relationship to the child of the individual |
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alleged to have abused or neglected the child, if any; |
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(4) the number of any department abuse or neglect |
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investigations involving the child or the individual alleged to |
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have abused or neglected the child during the two years preceding |
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the date of the fatality and the results of the investigations; |
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(5) whether the department offered family-based |
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safety services or conservatorship services to the child or family; |
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(6) the types of abuse and neglect alleged in the |
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reported investigations, if any; and |
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(7) any trends identified in the investigations |
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contained in the report. |
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SECTION 2. Section 261.301, Family Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) In geographic areas with demonstrated need, the |
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department shall designate employees to serve specifically as |
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investigators and responders for after-hours reports of child abuse |
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or neglect. |
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SECTION 3. Section 264.1075, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) As soon as possible after a child is placed in the |
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managing conservatorship of the department [begins receiving
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foster care under this subchapter], the department shall assess |
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whether the child has a developmental or intellectual disability. |
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(c) If the assessment required by Subsection (b) indicates |
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that the child might have an intellectual disability, the |
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department shall ensure that a referral for a determination of |
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intellectual disability is made as soon as possible and that the |
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determination is conducted by an authorized provider before the |
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date of the child's 16th birthday, if practicable. If the child is |
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placed in the managing conservatorship of the department after the |
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child's 16th birthday, the determination of intellectual |
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disability must be conducted as soon as possible after the |
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assessment required by Subsection (b). In this subsection, |
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"authorized provider" has the meaning assigned by Section 593.004, |
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Health and Safety Code. |
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SECTION 4. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1261 to read as follows: |
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Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In |
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this section, "community-based foster care" means the redesigned |
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foster care services system required by Chapter 598 (S.B. 218), |
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Acts of the 82nd Legislature, Regular Session, 2011. |
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(b) Appropriate department management personnel from a |
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child protective services region in which community-based foster |
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care has not been implemented, in collaboration with foster care |
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providers, faith-based entities, and child advocates in that |
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region, shall use data collected by the department on foster care |
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capacity needs and availability of each type of foster care and |
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kinship placement in the region to create a plan to address the |
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substitute care capacity needs in the region. The plan must |
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identify both short-term and long-term goals and strategies for |
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addressing those capacity needs. |
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(c) A foster care capacity needs plan developed under |
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Subsection (b) must be: |
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(1) submitted to and approved by the commissioner; and |
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(2) updated annually. |
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(d) The department shall publish each initial foster care |
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capacity needs plan and each annual update to a plan on the |
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department's Internet website. |
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SECTION 5. Sections 264.502(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) The child fatality review team committee is composed of: |
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(1) a person appointed by and representing the state |
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registrar of vital statistics; |
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(2) a person appointed by and representing the |
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commissioner of the department; |
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(3) a person appointed by and representing the Title V |
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director of the Department of State Health Services; [and] |
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(4) a person appointed by and representing the speaker |
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of the house of representatives; |
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(5) a person appointed by and representing the |
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lieutenant governor; |
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(6) a person appointed by and representing the |
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governor; and |
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(7) individuals selected under Subsection (b). |
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(b) The members of the committee who serve under Subsections |
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(a)(1) through (6) [(3)] shall select the following additional |
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committee members: |
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(1) a criminal prosecutor involved in prosecuting |
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crimes against children; |
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(2) a sheriff; |
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(3) a justice of the peace; |
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(4) a medical examiner; |
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(5) a police chief; |
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(6) a pediatrician experienced in diagnosing and |
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treating child abuse and neglect; |
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(7) a child educator; |
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(8) a child mental health provider; |
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(9) a public health professional; |
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(10) a child protective services specialist; |
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(11) a sudden infant death syndrome family service |
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provider; |
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(12) a neonatologist; |
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(13) a child advocate; |
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(14) a chief juvenile probation officer; |
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(15) a child abuse prevention specialist; |
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(16) a representative of the Department of Public |
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Safety; |
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(17) a representative of the Texas Department of |
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Transportation; |
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(18) an emergency medical services provider; and |
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(19) a provider of services to, or an advocate for, |
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victims of family violence. |
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SECTION 6. Section 264.503, Family Code, is amended by |
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amending Subsections (d) and (e) and adding Subsection (h) to read |
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as follows: |
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(d) The Department of State Health Services shall: |
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(1) recognize the creation and participation of review |
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teams; |
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(2) promote and coordinate training to assist the |
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review teams in carrying out their duties; |
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(3) assist the committee in developing model protocols |
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for: |
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(A) the reporting and investigating of child |
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fatalities for law enforcement agencies, child protective |
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services, justices of the peace and medical examiners, and other |
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professionals involved in the investigations of child deaths; |
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(B) the collection of data regarding child |
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deaths; and |
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(C) the operation of the review teams; |
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(4) develop and implement procedures necessary for the |
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operation of the committee; [and] |
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(5) develop and make available training for justices |
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of the peace and medical examiners regarding inquests in child |
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death cases; and |
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(6) promote education of the public regarding the |
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incidence and causes of child deaths, the public role in preventing |
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child deaths, and specific steps the public can undertake to |
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prevent child deaths. |
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(e) In addition to the duties under Subsection (d), the |
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Department of State Health Services shall: |
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(1) collect data under this subchapter and coordinate |
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the collection of data under this subchapter with other data |
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collection activities; [and] |
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(2) perform annual statistical studies of the |
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incidence and causes of child fatalities using the data collected |
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under this subchapter; and |
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(3) evaluate the available child fatality data and use |
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the data to create public health strategies for the prevention of |
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child fatalities. |
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(h) Each member of the committee must be a member of the |
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child fatality review team in the county where the committee member |
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resides unless the committee member is an appointed representative |
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of a state agency. |
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SECTION 7. Subchapter F, Chapter 264, Family Code, is |
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amended by adding Sections 264.5031 and 264.5032 to read as |
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follows: |
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Sec. 264.5031. COLLECTION OF NEAR FATALITY DATA. (a) In |
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this section, "near fatality" means a case where a physician has |
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certified that a child is in critical or serious condition, and a |
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caseworker determines that the child's condition was caused by the |
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abuse or neglect of the child. |
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(b) The department shall include near fatality child abuse |
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or neglect cases in the child fatality case database, for cases in |
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which child abuse or neglect is determined to have been the cause of |
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the near fatality. The department must also develop a data |
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collection strategy for near fatality child abuse or neglect cases. |
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Sec. 264.5032. REPORT ON CHILD FATALITY AND NEAR FATALITY |
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DATA. (a) The department shall produce an aggregated report |
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relating to child fatality and near fatality cases resulting from |
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child abuse or neglect containing the following information: |
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(1) any prior contact the department had with the |
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child's family and the manner in which the case was disposed, |
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including cases in which the department made the following |
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dispositions: |
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(A) priority none or administrative closure; |
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(B) call screened out; |
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(C) alternative or differential response |
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provided; |
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(D) unable to complete the investigation; |
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(E) unable to determine whether abuse or neglect |
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occurred; |
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(F) reason to believe abuse or neglect occurred; |
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or |
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(G) child removed and placed into substitute |
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care; |
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(2) for any case investigated by the department |
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involving the child or the child's family: |
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(A) the number of caseworkers assigned to the |
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case before the fatality or near fatality occurred; and |
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(B) the caseworker's caseload at the time the |
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case was opened and at the time the case was closed; |
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(3) for any case in which the department investigation |
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concluded that there was reason to believe that abuse or neglect |
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occurred, and the family was referred to family-based safety |
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services: |
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(A) the safety plan provided to the family; |
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(B) the services offered to the family; and |
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(C) the level of compliance with the safety plan |
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or completion of the services by the family; |
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(4) the number of contacts the department made with |
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children and families in family-based safety services cases; and |
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(5) the initial and attempted contacts the department |
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made with child abuse and neglect victims. |
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(b) In preparing the part of the report required by |
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Subsection (a)(1), the department shall include information |
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contained in department records retained in accordance with the |
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department's records retention schedule. |
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(c) The report produced under this section must protect the |
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identity of individuals involved in a case that is included in the |
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report. |
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(d) The department may combine the report required under |
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this section with the annual child fatality report required to be |
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produced under Section 261.204. |
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SECTION 8. Sections 264.505(a) and (c), Family Code, are |
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amended to read as follows: |
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(a) A multidisciplinary and multiagency child fatality |
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review team may be established for a county to review child deaths |
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in that county. A [review team for a] county [with a population of
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less than 50,000] may join with an adjacent county or counties to |
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establish a combined review team. |
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(c) A review team must reflect the diversity of the county's |
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population and may include: |
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(1) a criminal prosecutor involved in prosecuting |
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crimes against children; |
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(2) a sheriff; |
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(3) a justice of the peace or medical examiner; |
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(4) a police chief; |
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(5) a pediatrician experienced in diagnosing and |
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treating child abuse and neglect; |
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(6) a child educator; |
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(7) a child mental health provider; |
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(8) a public health professional; |
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(9) a child protective services specialist; |
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(10) a sudden infant death syndrome family service |
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provider; |
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(11) a neonatologist; |
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(12) a child advocate; |
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(13) a chief juvenile probation officer; and |
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(14) a child abuse prevention specialist. |
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SECTION 9. Section 264.506(b), Family Code, is amended to |
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read as follows: |
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(b) To achieve its purpose, a review team shall: |
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(1) adapt and implement, according to local needs and |
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resources, the model protocols developed by the department and the |
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committee; |
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(2) meet on a regular basis to review child fatality |
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cases and recommend methods to improve coordination of services and |
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investigations between agencies that are represented on the team; |
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(3) collect and maintain data as required by the |
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committee; [and] |
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(4) review and analyze the collected data to identify |
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any demographic trends in child fatality cases, including whether |
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there is a disproportionate number of child fatalities in a |
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particular population group or geographic area; and |
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(5) submit to the vital statistics unit data reports |
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on deaths reviewed as specified by the committee. |
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SECTION 10. Section 264.509, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The Department of State Health Services shall provide |
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a review team with electronic access to the preliminary death |
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certificate for a deceased child. |
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SECTION 11. (a) Section 264.514, Family Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) The commissioners court of a county shall adopt |
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regulations relating to the timeliness for conducting an inquest |
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into the death of a child. The regulations adopted under this |
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subsection must be as stringent as the standards issued by the |
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National Association of Medical Examiners unless the commissioners |
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court determines that it would be cost prohibitive for the county to |
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comply with those standards. |
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(b) The medical examiner or justice of the peace shall |
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immediately notify an appropriate local law enforcement agency if |
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the medical examiner or justice of the peace determines that the |
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death is unexpected or the result of abuse or neglect, and that |
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agency shall investigate the child's death. The medical examiner or |
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justice of the peace shall notify the appropriate county child |
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fatality review team of the child's death not later than the 120th |
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day after the date the death is reported. |
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(b) A county must attempt to implement the timeliness |
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standards for inquests as described by Section 264.514(a-1), Family |
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Code, as added by this Act, as soon as possible after the effective |
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date of this Act. |
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SECTION 12. Section 264.903, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The department shall expedite the evaluation of a |
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potential caregiver under this section to ensure that the child is |
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placed with a caregiver who has the ability to protect the child |
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from the alleged perpetrator of abuse or neglect against the child. |
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SECTION 13. Section 265.005(b), Family Code, is amended to |
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read as follows: |
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(b) A strategic plan required under this section must: |
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(1) identify methods to leverage other sources of |
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funding or provide support for existing community-based prevention |
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efforts; |
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(2) include a needs assessment that identifies |
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programs to best target the needs of the highest risk populations |
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and geographic areas; |
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(3) identify the goals and priorities for the |
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department's overall prevention efforts; |
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(4) report the results of previous prevention efforts |
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using available information in the plan; |
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(5) identify additional methods of measuring program |
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effectiveness and results or outcomes; |
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(6) identify methods to collaborate with other state |
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agencies on prevention efforts; [and] |
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(7) identify specific strategies to implement the plan |
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and to develop measures for reporting on the overall progress |
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toward the plan's goals; and |
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(8) identify strategies and goals for increasing the |
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number of families receiving prevention and early intervention |
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services each year, subject to the availability of funds, to reach |
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targets set by the department for providing services to families |
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that are eligible to receive services through parental education, |
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family support, and community-based programs financed with |
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federal, state, local, or private resources. |
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SECTION 14. Subchapter A, Chapter 265, Family Code, is |
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amended by adding Sections 265.007 and 265.008 to read as follows: |
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Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY |
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INTERVENTION SERVICES. (a) To improve the effectiveness and |
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delivery of prevention and early intervention services, the |
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department shall: |
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(1) identify geographic areas that have a high need |
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for prevention and early intervention services but do not have |
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prevention and early intervention services available in the area or |
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have only unevaluated prevention and early intervention services |
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available in the area; and |
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(2) develop strategies for community partners to: |
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(A) improve the early recognition of child abuse |
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or neglect; |
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(B) improve the reporting of child abuse and |
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neglect; and |
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(C) reduce child fatalities. |
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(b) The department may not use data gathered under this |
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section to identify a specific family or individual. |
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Sec. 265.008. EVALUATION OF PREVENTION AND EARLY |
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INTERVENTION SERVICES. (a) The department may enter into |
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agreements with institutions of higher education to conduct |
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efficacy reviews of any prevention and early intervention services |
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provided under this chapter that have not previously been evaluated |
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for effectiveness in a research evaluation. The efficacy review |
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shall include, when possible, a cost-benefit analysis of the |
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program to the state and, when applicable, the return on investment |
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of the program to the state. |
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(b) The department may not enter into an agreement to |
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conduct a program efficacy evaluation under this section unless: |
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(1) the agreement with the institution of higher |
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education is cost neutral; and |
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(2) the department and institution of higher education |
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conducting the evaluation under this section protect the identity |
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of individuals who are receiving services from the department that |
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are being evaluated. |
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SECTION 15. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.038 to read as follows: |
|
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Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a) |
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In this section, "secondary trauma" means trauma incurred as a |
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consequence of a person's exposure to acute or chronic trauma. |
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(b) The department shall develop and make available a |
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program to provide ongoing support to caseworkers who experience |
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secondary trauma resulting from exposure to trauma in the course of |
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the caseworker's employment. The program must include critical |
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incident stress debriefing. The department may not require that a |
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caseworker participate in the program. |
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SECTION 16. Subchapter C, Chapter 40, Human Resources Code, |
|
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is amended by adding Section 40.0516 to read as follows: |
|
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Sec. 40.0516. COLLECTION OF DATA; ANNUAL REPORT. (a) The |
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department shall collect and compile the following data on the |
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state and county level: |
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(1) the following information for reports of abuse and |
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neglect in residential child-care facilities, as defined by Section |
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42.002: |
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(A) the number of reports of abuse and neglect |
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made to the department hotline; |
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(B) the types of abuse and neglect reported; |
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(C) the investigation priority level assigned to |
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each report; |
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(D) the investigation response times, sorted by |
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investigation priority; |
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(E) the disposition of each investigation; |
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(F) the number of reports of abuse and neglect to |
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which the department assigned a disposition of call screened out or |
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alternative or differential response provided; and |
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(G) the overall safety and risk finding for each |
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investigation; |
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(2) the number of families referred to family |
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preservation services, organized by the risk level assigned to each |
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family through structured decision-making; |
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(3) the number of children removed from the child's |
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home as the result of an investigation of a report of abuse or |
|
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neglect and the primary circumstances that contributed to the |
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removal; |
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(4) the number of children placed in substitute care, |
|
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organized by type of placement; |
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(5) the number of children placed out of the child's |
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home county or region; |
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(6) the number of children in the conservatorship of |
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the department at each service level; |
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(7) the number of children in the conservatorship of |
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the department who are pregnant or who are a parent; |
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(8) the number of children in the managing |
|
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conservatorship of the department who are the parent of a child who |
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is also in the managing conservatorship of the department; |
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(9) the recurrence of child abuse or neglect in a |
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household in which the department investigated a report of abuse or |
|
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neglect within six months and one year of the date the case was |
|
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closed separated by the following type of case: |
|
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(A) cases that were administratively closed |
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without further action; |
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|
(B) cases in which the child was removed and |
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placed in the managing conservatorship of the department; and |
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(C) cases in which the department provided family |
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preservation services; |
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(10) the recurrence of child abuse and neglect in a |
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|
household within five years of the date the case was closed for |
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|
cases described by Subdivisions (9)(B) and (C); and |
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|
(11) workforce turnover data for child protective |
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|
services employees, including the average tenure of caseworkers and |
|
|
supervisors and the average salary of caseworkers and supervisors. |
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|
(b) Not later than February 1 of each year, the department |
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|
shall publish a report containing data collected under this |
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|
section. The report must include the statewide data and the data |
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|
reported by county. |
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|
SECTION 17. Subchapter C, Chapter 40, Human Resources Code, |
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|
is amended by adding Section 40.0529 to read as follows: |
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|
Sec. 40.0529. CASELOAD MANAGEMENT. (a) Subject to a |
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|
specific appropriation for that purpose, the department shall |
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|
develop and implement a caseload management system for child |
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|
protective services caseworkers and managers that: |
|
|
(1) ensures equity in the distribution of workload, |
|
|
based on the complexity of each case; |
|
|
(2) calculates caseloads based on the number of |
|
|
individual caseworkers who are available to handle cases; |
|
|
(3) includes geographic case assignment in areas with |
|
|
concentrated high risk populations, to ensure that an adequate |
|
|
number of caseworkers and managers with expertise and specialized |
|
|
training are available; |
|
|
(4) includes a plan to deploy master investigators in |
|
|
anticipation of emergency shortages of personnel; and |
|
|
(5) anticipates vacancies in caseworker positions in |
|
|
areas of the state with high caseworker turnover to ensure the |
|
|
timely hiring of new caseworkers in those areas. |
|
|
(b) In calculating the caseworker caseload under Subsection |
|
|
(a)(2), the department shall consider at least the following: |
|
|
(1) caseworkers who are on extended leave; |
|
|
(2) caseworkers who worked hours beyond a normal work |
|
|
week; and |
|
|
(3) caseworkers who are on a reduced workload. |
|
|
SECTION 18. Subchapter C, Chapter 40, Human Resources Code, |
|
|
is amended by adding Section 40.078 to read as follows: |
|
|
Sec. 40.078. PREVENTION TASK FORCE. (a) In this section, |
|
|
"task force" means the Prevention Task Force. |
|
|
(b) The commissioner shall establish the Prevention Task |
|
|
Force to make recommendations to the department for changes to law, |
|
|
policy, and practices regarding: |
|
|
(1) the prevention of child abuse and neglect; |
|
|
(2) the implementation of the changes in law made by |
|
|
H.B. 1549, Acts of the 85th Legislature, Regular Session, 2017; and |
|
|
(3) the implementation of the department's five-year |
|
|
strategic plan for prevention and early intervention services |
|
|
developed under Section 265.005, Family Code. |
|
|
(c) The commissioner shall determine the number of members |
|
|
on the task force and shall appoint members to the task force |
|
|
accordingly. Members of the task force may include: |
|
|
(1) a chair of a child fatality review team committee; |
|
|
(2) a pediatrician; |
|
|
(3) a judge; |
|
|
(4) representatives of relevant state agencies; |
|
|
(5) prosecutors who specialize in child abuse and |
|
|
neglect; |
|
|
(6) medical examiners; |
|
|
(7) representatives of service providers to the |
|
|
department; and |
|
|
(8) policy experts in child abuse and neglect |
|
|
prevention, community advocacy, or related fields. |
|
|
(d) The commissioner shall select the chair of the task |
|
|
force. |
|
|
(e) The task force shall meet at times and locations as |
|
|
determined by the chair of the task force. |
|
|
(f) A vacancy on the task force shall be filled in the same |
|
|
manner as the original appointment. |
|
|
(g) A member of the task force is not entitled to |
|
|
compensation or reimbursement of expenses incurred in performing |
|
|
duties related to the task force. |
|
|
(h) The department shall provide reasonably necessary |
|
|
administrative and technical support to the task force. |
|
|
(i) The department may accept on behalf of the task force a |
|
|
gift, grant, or donation from any source to carry out the purposes |
|
|
of the task force. |
|
|
(j) Chapter 2110, Government Code, does not apply to the |
|
|
task force. |
|
|
(k) Not later than August 31, 2018, the task force shall |
|
|
submit a report to the commissioner. The report must include: |
|
|
(1) a description of the activities of the task force; |
|
|
and |
|
|
(2) the findings and recommendations of the task |
|
|
force. |
|
|
(l) The task force is abolished and this section expires |
|
|
August 31, 2019. |
|
|
SECTION 19. As soon as practicable after the effective date |
|
|
of this Act, the commissioner of the Department of Family and |
|
|
Protective Services shall appoint members to the Prevention Task |
|
|
Force created by this Act under Section 40.078, Human Resources |
|
|
Code, as added by this Act. |
|
|
SECTION 20. This Act takes effect September 1, 2017. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1549 was passed by the House on May 6, |
|
|
2017, by the following vote: Yeas 142, Nays 1, 2 present, not |
|
|
voting; that the House refused to concur in Senate amendments to |
|
|
H.B. No. 1549 on May 25, 2017, and requested the appointment of a |
|
|
conference committee to consider the differences between the two |
|
|
houses; and that the House adopted the conference committee report |
|
|
on H.B. No. 1549 on May 28, 2017, by the following vote: Yeas 141 |
|
|
, |
|
|
Nays 1, 2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1549 was passed by the Senate, with |
|
|
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
|
|
0; at the request of the House, the Senate appointed a conference |
|
|
committee to consider the differences between the two houses; and |
|
|
that the Senate adopted the conference committee report on H.B. No. |
|
|
1549 on May 28, 2017, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |