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AN ACT
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relating to the training program required for certain employees of |
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the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.035, Human Resources Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) The department shall develop and implement a training |
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program that, except as provided by Subsection (a-1), each newly |
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hired or assigned department employee must successfully complete |
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before: |
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(1) initiating an investigation of a report of alleged |
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abuse, neglect, or exploitation of an elderly person or person with |
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a disability under Chapter 48; or |
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(2) providing protective services to elderly persons |
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or persons with disabilities under that chapter. |
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(a-1) A newly hired or assigned department employee may |
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initiate an investigation of a report of alleged abuse, neglect, or |
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exploitation of an elderly person or a person with a disability |
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under Chapter 48 or provide protective services to an elderly |
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person or a person with a disability under that chapter only if the |
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employee: |
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(1) is in the process of receiving the training |
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required by Subsection (a); and |
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(2) initiates the investigation or provides |
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protective services under the direct supervision of the person who |
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is providing the training to the employee. |
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(b) The training program must: |
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(1) provide the employee [person] with appropriate |
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comprehensive information regarding: |
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(A) the incidence and types of reports of abuse, |
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neglect, and exploitation of elderly persons or persons with |
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disabilities that are received by the department, including |
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information concerning false reports; and |
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(B) the use and proper implementation of: |
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(i) the risk assessment criteria developed |
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under Section 48.004; |
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(ii) the criteria used by caseworkers to |
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determine whether elderly persons or persons with disabilities lack |
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capacity to consent to receive protective services; and |
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(iii) the legal procedures available under |
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Chapter 48 for the protection of elderly persons or persons with |
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disabilities, including the procedures for obtaining a court order |
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for emergency protective services under Section 48.208; |
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(2) include best practices for management of a case |
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from the intake process to the provision of protective services, |
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including criteria that specify the circumstances under which an |
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employee should: |
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(A) consult a supervisor regarding a case; or |
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(B) refer an elderly person or person with a |
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disability to an appropriate public agency or community service |
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provider for guardianship or other long-term services after the |
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delivery of protective services to that person has been completed; |
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(3) provide appropriate specialized training in any |
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necessary topics, including: |
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(A) investigation of suspected identity theft |
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and other forms of financial exploitation and suspected |
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self-neglect; and |
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(B) establishment and maintenance of working |
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relationships with community organizations and other local |
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providers who provide services to elderly persons and persons with |
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disabilities; |
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(4) include on-the-job training, which must require |
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another department caseworker with more experience to accompany and |
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train the caseworker in the field; |
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(5) provide for the development of individualized |
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training plans; |
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(6) include training in working with law enforcement |
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agencies and the court system when legal intervention is sought for |
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investigations or emergency orders; |
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(7) to the maximum extent possible, include nationally |
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recognized best practices in addition to the best practices |
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required under Subdivision (2); and |
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(8) include testing, progress reports, or other |
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evaluations to assess the performance of trainees. |
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SECTION 2. Section 40.035, Human Resources Code, as amended |
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by this Act, applies to an employee who is enrolled in the training |
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program on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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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. 2261 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 31, 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. 2261 passed the House on |
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May 12, 2023, by the following vote: Yeas 138, Nays 2, |
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two 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 |