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Amend CSSB 6 by striking SECTION 1.43 of the bill (committee
printing page ___, lines ___-___), and substituting the following:
SECTION 1.43. (a) Subchapter C, Chapter 264, Family Code,
is amended by adding Section 264.2041 to read as follows:
Sec. 264.2041. CULTURAL AWARENESS. The department shall:
(1) develop and deliver cultural competency training
to all service delivery staff;
(2) increase targeted recruitment efforts for foster
and adoptive families who can meet the needs of children and youth
who are waiting for permanent homes;
(3) target recruitment efforts to ensure diversity
among department staff; and
(4) develop collaborative partnerships with community
groups, agencies, faith-based organizations, and other community
organizations to provide culturally competent services to children
and families of every race and ethnicity.
(b) The Health and Human Services Commission and the
Department of Family and Protective Services shall analyze data
regarding child removals and other enforcement actions taken by the
department during state fiscal years 2004 and 2005. Based on the
analysis, the commission and the department shall determine whether
enforcement actions were disproportionately initiated against any
racial or ethnic group, in any area of the state, taking into
account other relevant factors, including poverty, single-parent
families, young-parent families, and any additional factor
determined by other research to be statistically correlated with
child abuse or child neglect.
(c) The rate of enforcement actions shall be deemed
disproportionate for a given racial or ethnic group if it is
significantly different from the rate of enforcement actions
against the population as a whole, taking into account other
relevant factors.
(d) Not later than January 1, 2006, the Health and Human
Services Commission shall report the results of the analysis to the
lieutenant governor, the speaker of the house of representatives,
and the presiding officer of each house and senate standing
committee having jurisdiction over child protective services.
(e) If the results of the analysis indicate that enforcement
actions are initiated disproportionately against any racial or
ethnic group, in any area of the state, taking into account other
relevant factors, the Health and Human Services Commission and
Department of Family and Protective Services shall:
(1) evaluate the policies and procedures the
department uses in deciding to take enforcement actions to
determine why racial or ethnic disparities exist;
(2) develop and implement a remediation plan to
prevent racial or ethnic disparities not justified by other
external factors from affecting the decision to initiate
enforcement actions; and
(3) not later than July 1, 2006, submit a report to the
lieutenant governor, the speaker of the house of representatives,
and the presiding officer of each house and senate standing
committee having jurisdiction over child protective services that
explains:
(A) the evaluation of policies and procedures;
and
(B) the remediation plan.