|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the collection and use of certain information relating |
|
to child abuse and neglect and the provision of prevention and early |
|
intervention services; creating an offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 265, Family Code, is |
|
amended by adding Sections 265.0041, 265.0042, 265.0043, 265.0044, |
|
and 265.0045 to read as follows: |
|
Sec. 265.0041. RISK MAPPING FOR PREVENTION AND EARLY |
|
INTERVENTION SERVICES. (a) The department may use risk mapping, |
|
including risk terrain modeling systems, predictive analytic |
|
systems, or geographic risk assessments, and may develop a system |
|
or assessment under Subsection (c) to: |
|
(1) identify geographic areas of the state that have a |
|
high incidence of child maltreatment and child fatalities resulting |
|
from abuse or neglect; |
|
(2) identify family dynamics and other factors that |
|
indicate a high risk of child maltreatment and child fatalities |
|
resulting from abuse or neglect; |
|
(3) offer opportunities to provide prevention |
|
services through voluntary services to individuals living in areas |
|
identified under Subdivision (1) and individuals who exhibit |
|
factors identified under Subdivision (2); and |
|
(4) guide decisions about the allocation of resources |
|
for prevention and early intervention programs and services. |
|
(b) The department may use data gathered or received under |
|
this section only as authorized by Section 265.0044. |
|
(c) The Health and Human Services Commission, on behalf of |
|
the department, may enter into agreements with institutions of |
|
higher education to develop or adapt, in coordination with the |
|
department, a risk terrain modeling system, a predictive analytic |
|
system, or a geographic risk assessment to be used for purposes of |
|
this section. |
|
Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER |
|
EDUCATION. (a) Subject to the availability of funds, the Health |
|
and Human Services Commission, on behalf of the department, shall |
|
enter into agreements with institutions of higher education to |
|
conduct efficacy reviews of any prevention and early intervention |
|
programs that have not previously been evaluated for effectiveness |
|
through a scientific research evaluation process. |
|
(b) Subject to the availability of funds, the department |
|
shall collaborate with an institution of higher education to create |
|
and track indicators of child well-being to determine the |
|
effectiveness of prevention and early intervention services. |
|
Sec. 265.0043. INTERAGENCY SHARING OF DATA FOR RISK |
|
MAPPING. Notwithstanding any other provision of law, state |
|
agencies, including the Texas Education Agency, the Texas Juvenile |
|
Justice Department, the Health and Human Services Commission, the |
|
Department of State Health Services, and the Department of Public |
|
Safety, shall disclose information relevant to preventing or |
|
reducing the risk factors for child abuse, neglect, or juvenile |
|
delinquency only to the division for the purpose of implementing |
|
Section 265.0041. |
|
Sec. 265.0044. RESTRICTIONS ON USE AND ACCESS. (a) A |
|
governmental entity may not use information gathered or received |
|
for the purposes of Section 265.0041 or 265.0042 that identifies or |
|
that could reasonably identify an individual or family to target |
|
the individual or family to provide involuntary intervention |
|
services or for any other purpose other than as authorized by |
|
Section 265.0041 or 265.0042, unless the governmental entity |
|
gathered or received the information under other authority. |
|
(b) A governmental entity that gathers or receives |
|
information for the purposes of Section 265.0041 or 265.0042 that |
|
identifies or that could reasonably identify an individual or |
|
family shall adopt rules to provide safeguards to ensure that: |
|
(1) the use or disclosure of the information is |
|
restricted to the purposes of Section 265.0041 or 265.0042; |
|
(2) only the minimum amount of information necessary |
|
to carry out the purposes of Section 265.0041 or 265.0042 is used or |
|
disclosed; and |
|
(3) only individuals with a justified and documented |
|
business need are authorized to access the information. |
|
(c) Except as provided by Subsection (d), information |
|
gathered or received for the purposes of Section 265.0041 or |
|
265.0042 is subject to all applicable state and federal laws and |
|
rules relating to privacy and access to the information. |
|
(d) Information collected for the purposes of Section |
|
265.0041 or 265.0042 is confidential and not subject to disclosure |
|
under Chapter 552, Government Code, or to disclosure in response to |
|
a subpoena and may not be released or made public except as provided |
|
by the rules adopted under this section. |
|
(e) The executive commissioner of the Health and Human |
|
Services Commission shall adopt rules relating to the use and |
|
disclosure of information gathered or received for the purposes of |
|
Section 265.0041 or 265.0042, including rules: |
|
(1) identifying persons who may receive the |
|
information; |
|
(2) creating security procedures to protect the |
|
information, including requiring the use of nondisclosure |
|
agreements; and |
|
(3) enacting any other restriction the executive |
|
commissioner determines is appropriate. |
|
Sec. 265.0045. CRIMINAL PENALTY. (a) A person commits an |
|
offense if the person uses or discloses information in violation of |
|
Section 265.0044 or a rule relating to the use or disclosure of |
|
information adopted under that section. |
|
(b) An offense under Subsection (a) is a state jail felony |
|
unless it is shown on the trial of the offense that the person has |
|
previously been convicted under this section, in which case the |
|
offense is a felony of the third degree. |
|
SECTION 2. This Act takes effect September 1, 2017. |