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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. COMMISSION TO
ELIMINATE CHILD ABUSE AND NEGLECT FATALITIES.
(a) The Commission to
Eliminate Child Abuse and Neglect Fatalities consists of the following 12 members:
(1) six members appointed by
the governor;
(2) three members appointed
by the lieutenant governor; and
(3) three members appointed
by the speaker of the house of representatives.
(b) The governor, lieutenant
governor, and speaker of the house of representatives shall appoint members
to the commission not later than December 31, 2013.
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SECTION 1. PROTECT OUR KIDS
COMMISSION.
(a) The Protect Our Kids
Commission is composed of the following members:
(1) six members appointed by
the governor;
(2) three members appointed
by the lieutenant governor;
(3) three members appointed
by the speaker of the house of representatives;
(4)
one member with experience in behavioral health and substance abuse
appointed by the Commissioner of the Department of State Health Services;
(5)
one member who represents the Department of Family and Protective Services
appointed by the commissioner of the department; and
(6)
one member who represents the Office of Title V and Family Health of the
Department of State Health Services appointed by the office director.
(b) The appropriate
appointing authority shall appoint the members to the commission not later
than December 31, 2013.
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SECTION 2. QUALIFICATIONS.
Each member appointed to the commission must have experience in one or more
of the following areas:
(1) child welfare
administration;
(2) child welfare research;
(3) child development;
(4) legislation, including
legislation involving child welfare matters;
(5) trauma and crisis
intervention;
(6) pediatrics;
(7) psychology and mental
health;
(8) emergency medicine;
(9) forensic pathology or
medical investigation of injury and fatality;
(10) social work, with field
experience;
(11) law enforcement, with
experience handling child abuse and neglect matters;
(12) civil law, with
experience handling child abuse and neglect matters;
(13) criminal law, with
experience handling child abuse and neglect matters;
(14) substance abuse
treatment;
(15) education at an
elementary school or secondary school;
(16) education at an
institution of higher education;
(17) epidemiology; or
(18) computer science or
software engineering, with a background in interoperability standards.
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SECTION 2. QUALIFICATIONS.
Each member appointed to the commission must have experience in one or more
of the following areas:
(1) child welfare
administration;
(2) child welfare research;
(3) child development;
(4) legislation, including
legislation involving child welfare matters;
(5) trauma and crisis
intervention;
(6) pediatrics;
(7) psychology and mental
health;
(8) emergency medicine;
(9) neonatology;
(10) forensic pathology or medical
investigation of injury and fatality;
(11) social work, with field
experience;
(12)
child protective services, with field experience;
(13) law enforcement, with
experience handling child abuse and neglect matters;
(14) civil law, with
experience handling child abuse and neglect matters;
(15) criminal law, with
experience handling child abuse and neglect matters;
(16) substance abuse
treatment;
(17)
provision of services to families who had a child die of sudden infant
death syndrome;
(18)
provision of services to or advocacy for victims of family violence;
(19)
service on a task force for reducing child abuse and neglect and improving
child welfare;
(20) education at an
elementary school or secondary school;
(21) education at an
institution of higher education;
(22) epidemiology; or
(23) computer science or
software engineering, with a background in interoperability standards.
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SECTION 3. DIVERSITY OF
QUALIFICATIONS. In making appointments to the commission, the governor,
lieutenant governor, and speaker of the house of representatives shall make
every effort to select individuals whose qualifications are not already
represented by other members of the commission.
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SECTION 3. DIVERSITY OF
QUALIFICATIONS. In making appointments to the commission, each appointing
authority shall make every effort to select individuals:
(1) whose qualifications are
not already represented by other members of the commission; and
(2)
who reflect the geographical, cultural, racial, and ethnic diversity of the
state.
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SECTION 4. PRESIDING
OFFICER. The governor shall designate one of the governor's appointees as
presiding officer of the commission.
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SECTION 4. Same as introduced
version.
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SECTION 5. VACANCY. A
vacancy on the commission shall be filled in the same manner as the
original appointment.
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SECTION 5. Same as introduced
version.
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SECTION 6. MEETINGS. (a)
Not later than the 30th day after the date on which a majority of the
members of the commission have been appointed, the commission shall hold
its first meeting.
(b) The commission shall
meet regularly as necessary at the
call of the presiding officer.
(c) The commission may take
testimony and receive evidence the commission considers advisable to carry
out its duties.
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SECTION 6. MEETINGS. (a)
Not later than the 30th day after the date on which a majority of the
members of the commission have been appointed, the commission shall hold
its first meeting.
(b) The commission shall meet at least once each calendar quarter and at
other times as necessary at the call of the presiding officer.
(c) The commission may take
testimony and receive evidence the commission considers advisable to carry
out its duties.
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SECTION 7. COMPENSATION.
Members of the commission serve without compensation and are not entitled
to reimbursement for expenses.
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SECTION 7. Same as introduced
version.
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SECTION 8. DUTIES OF
COMMISSION. The commission shall study the relationship between child
protective services and child welfare services and the rate of child abuse
and neglect fatalities. The commission shall review:
(1) the effectiveness of
child protective services and child welfare services in preventing child
fatalities that are intentionally caused or that occur due to negligence,
neglect, or a failure to exercise proper care;
(2) the effectiveness of the
Department of Family and Protective Services' policies and systems aimed at
collecting accurate, uniform data on child fatalities in a coordinated
fashion, including the identification of the most and least effective
policies and systems in practice;
(3) any existing barriers to
preventing fatalities from child abuse and neglect, and how to improve
child welfare outcomes;
(4) trends in demographic
and other risk factors that may predict or that are related to child abuse,
including age of the child, child behavior, family structure, parental
stress, and poverty;
(5) methods of prioritizing
child abuse and neglect prevention for families with the highest need; and
(6) methods of improving
data collection and use, including increasing interoperability among state,
local, and other data systems.
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SECTION 8. DUTIES OF
COMMISSION. The commission shall study the relationship between child
protective services and child welfare services and the rate of child abuse
and neglect fatalities. As part of the study,
the commission shall:
(1)
evaluate current programs and prevention efforts, and recommend a
comprehensive statewide strategy to reduce and prevent fatalities from
child abuse and neglect; and
(2) review:
(A)
current research, including the National Survey of Child and Adolescent
Well-Being and research and recommendations from the United States
Government Accountability Office, to identify lessons, solutions, and
needed improvements related to reducing fatalities from child abuse and
neglect;
(B) the effectiveness of
child protective services and child welfare services in preventing child
fatalities that are intentionally caused or that occur due to negligence,
neglect, or a failure to exercise proper care;
(C) the effectiveness of the
Department of Family and Protective Services' policies and systems aimed at
collecting accurate, uniform data on child fatalities in a coordinated
fashion, including the identification of the most and least effective
policies and systems in practice;
(D) any existing barriers to
preventing fatalities from child abuse and neglect, and how to improve
child welfare outcomes;
(E) trends in demographic
and other risk factors that may predict or that are related to child abuse,
including age of the child, child behavior, family structure, parental
stress, and poverty;
(F) methods of prioritizing
child abuse and neglect prevention for families with the highest need; and
(G) methods of improving
data collection and use, including increasing interoperability among state,
local, and other data systems.
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SECTION 9. RECOMMENDATIONS.
The commission shall:
(1) develop recommendations
to reduce fatalities from child abuse and neglect for implementation by
state and local agencies and private sector and nonprofit organizations,
including recommendations to implement a comprehensive statewide strategy
for reducing those fatalities; and
(2) develop guidelines for
the types of information that should be tracked to improve interventions to
prevent fatalities from child abuse and neglect.
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SECTION 9. RECOMMENDATIONS.
The commission shall:
(1)
identify promising practices and evidence-based strategies to address and
reduce fatalities from child abuse and neglect;
(2) develop recommendations and identify resources necessary to reduce
fatalities from child abuse and neglect for implementation by state and
local agencies and private sector and nonprofit organizations, including
recommendations to implement a comprehensive statewide strategy for
reducing those fatalities;
(3)
develop guidelines for ensuring that each county in the state is covered by
a child fatality review team created under Subchapter F, Chapter 264,
Family Code, and provide specific recommendations for a child fatality
review team investigating a child fatality that is caused by abuse or
neglect; and
(4) develop guidelines for
the types of information that should be tracked to improve interventions to
prevent fatalities from child abuse and neglect.
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SECTION 10. GIFTS. The
commission may accept gifts and grants of money, property, and services
from any source to be used to conduct a function of the commission.
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SECTION 10. Same as
introduced version.
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SECTION 11. REPORT. Not
later than December 1, 2014, the
commission shall submit to the governor, lieutenant governor, and speaker
of the house of representatives a report containing:
(1) the commission's
findings and recommendations;
(2) a complete explanation
of each of the commission's recommendations;
(3) proposed legislation
necessary to implement the recommendations made in the report; and
(4) any administrative
recommendations proposed by the commission.
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SECTION 11. REPORT. Not
later than December 1, 2015, the
commission shall submit to the governor, lieutenant governor, and speaker
of the house of representatives a report containing:
(1) the commission's
findings and recommendations;
(2) a complete explanation
of each of the commission's recommendations;
(3) proposed legislation necessary
to implement the recommendations made in the report; and
(4) any administrative
recommendations proposed by the commission.
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SECTION 12. APPLICATION OF
LAW GOVERNING ADVISORY COMMITTEES. The commission is not subject to
Chapter 2110, Government Code.
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SECTION 12. Same as
introduced version.
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SECTION 13. EXPIRATION
DATE. The Commission to Eliminate Child Abuse and Neglect Fatalities is
abolished and this Act expires September 1,
2015.
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SECTION 13. EXPIRATION
DATE. The Protect Our Kids Commission is abolished and this Act expires December 31, 2015.
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SECTION 14. EFFECTIVE DATE.
This Act takes effect September 1, 2013.
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SECTION 14. Same as
introduced version.
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