S.B. No. 190
 
 
 
 
AN ACT
  relating to the administrative closure of certain reported cases of
  child abuse or neglect made to the Department of Family and
  Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 261, Family Code, is
  amended by adding Section 261.3017 to read as follows:
         Sec. 261.3017.  ABBREVIATED INVESTIGATION AND ADMINISTRATIVE
  CLOSURE OF CERTAIN CASES.  (a)  A department caseworker may refer a
  reported case of child abuse or neglect to a department supervisor
  for abbreviated investigation or administrative closure at any time
  before the 60th day after the date the report is received if:
               (1)  there is no prior report of abuse or neglect of the
  child who is the subject of the report;
               (2)  the department has not received an additional
  report of abuse or neglect of the child following the initial
  report;
               (3)  after contacting a professional or other credible
  source, the caseworker determines that the child's safety can be
  assured without further investigation, response, services, or
  assistance; and
               (4)  the caseworker determines that no abuse or neglect
  occurred.
         (b)  A department supervisor shall review each reported case
  of child abuse or neglect that has remained open for more than 60
  days and administratively close the case if:
               (1)  the supervisor determines that:
                     (A)  the circumstances described by Subsections
  (a)(1)-(4) exist; and
                     (B)  closing the case would not expose the child
  to an undue risk of harm; and
               (2)  the department director grants approval for the
  administrative closure of the case.
         (c)  A department supervisor may reassign a reported case of
  child abuse or neglect that does not qualify for abbreviated
  investigation or administrative closure under Subsection (a) or (b)
  to a different department caseworker if the supervisor determines
  that reassignment would allow the department to make the most
  effective use of resources to investigate and respond to reported
  cases of abuse or neglect.
         (d)  The executive commissioner shall adopt rules necessary
  to implement this section.
         (e)  In this section, "professional" means an individual who
  is licensed or certified by the state or who is an employee of a
  facility licensed, certified, or operated by the state and who, in
  the normal course of official duties or duties for which a license
  or certification is required, has direct contact with children.  
  The term includes teachers, nurses, doctors, day-care employees,
  employees of a clinic or health care facility that provides
  reproductive services, juvenile probation officers, and juvenile
  detention or correctional officers.
         SECTION 2.  Not later than December 1, 2017, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to implement Section 261.3017, Family
  Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 190 passed the Senate on
  April 20, 2017, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 190 passed the House, with
  amendment, on May 19, 2017, by the following vote: Yeas 143,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor