Bill Text: TX HB1549 | 2017-2018 | 85th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the provision of services by the Department of Family and Protective Services, including child protective services and prevention and early intervention services.

Spectrum: Slight Partisan Bill (Republican 14-6)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1549 Detail]

Download: Texas-2017-HB1549-Engrossed.html

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By: Burkett, Raymond, Thompson of Harris, H.B. No. 1549
Price, Zerwas, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the provision of services by the Department of Family
and Protective Services, including child protective services and
prevention and early intervention services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 261, Family Code, is
amended by adding Section 261.2031 to read as follows:
Sec. 261.2031. DESIGNATED CHILD FATALITY INVESTIGATION
CASEWORKERS. The department shall designate current tenured
caseworkers to conduct investigations involving child fatalities.
SECTION 2. Section 261.204(a), Family Code, is amended to
read as follows:
(a) Not later than February 1 of each year, the [The]
department shall publish an [annual] aggregated report using
information compiled from each child fatality investigation for
which the department made a finding regarding abuse or neglect,
including cases in which the department determined the fatality was
not the result of abuse or neglect. The report must protect the
identity of individuals involved and contain the following
information:
(1) the age and sex of the child and the county in
which the fatality occurred;
(2) whether the state was the managing conservator of
the child or whether the child resided with the child's parent,
managing conservator, guardian, or other person entitled to the
possession of the child at the time of the fatality;
(3) the relationship to the child of the individual
alleged to have abused or neglected the child, if any;
(4) the number of any department abuse or neglect
investigations involving the child or the individual alleged to
have abused or neglected the child during the two years preceding
the date of the fatality and the results of the investigations;
(5) whether the department offered family-based
safety services or conservatorship services to the child or family;
(6) the types of abuse and neglect alleged in the
reported investigations, if any; and
(7) any trends identified in the investigations
contained in the report.
SECTION 3. Section 261.301, Family Code, is amended by
adding Subsection (j) to read as follows:
(j) In geographic areas with demonstrated need, the
department shall designate employees to serve specifically as
investigators and responders for after-hours reports of child abuse
or neglect.
SECTION 4. Section 264.107, Family Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) The department shall, subject to the availability of
funds, use a web-based system to assist the department in making the
best placement decision for a child in foster care. The system must:
(1) integrate a level of care for the child;
(2) suggest placements based on the child's needs;
(3) display the proximity of potential providers to
the child's home and school;
(4) incorporate foster care provider preferences;
(5) provide access to the foster care provider's
history in providing safe and stable placements for children; and
(6) include any other provider information the
department determines to be relevant.
SECTION 5. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1131 to read as follows:
Sec. 264.1131. FOSTER CARE PROVIDER RECRUITMENT PLAN. In
addition to foster parent recruitment from faith-based
organizations under Section 264.113, the department shall, subject
to the availability of funds, collaborate with current foster and
adoptive parents to develop and implement a foster care provider
recruitment plan. The plan must:
(1) identify geographic areas in the state where there
is a need for foster care providers using risk stratification
modeling or risk assessments of geographic areas with high
occurrences of child abuse and neglect or child fatalities;
(2) use data analysis, social media, partnerships with
faith-based and volunteer organizations, and other strategies for
recruitment, including targeted and child-focused recruitment;
(3) identify the number of available foster care
providers for children with high needs in order to expand the use of
therapeutic or treatment foster care for children in those
placements;
(4) require the provision of:
(A) quality customer service to prospective and
current foster and adoptive parents; and
(B) assistance to prospective foster parents
with the certification and placement process;
(5) include strategies for increasing the number of
kinship providers;
(6) include strategies to ensure that children in
foster care do not have to transfer schools after entering foster
care, unless transferring is in the child's best interest; and
(7) include programs to support foster and adoptive
families, including programs that provide training, respite care,
and peer assistance.
SECTION 6. Subchapter C, Chapter 264, Family Code, is
amended by adding Section 264.2012 to read as follows:
Sec. 264.2012. FAMILY PRESERVATION SERVICES. Subject to
the appropriation of funds for that purpose, the department shall
implement an evidence-based pilot program that provides frequent
in-home visits to not more than 2,000 families who have a history of
child abuse or neglect and who are receiving family-based safety
services from the department. The program must contain guidelines
for the frequency of monthly contact by the department with the
family, based on the risk factors for child abuse and neglect in
each case.
SECTION 7. Sections 264.502(a) and (b), Family Code, are
amended to read as follows:
(a) The child fatality review team committee is composed of:
(1) a person appointed by and representing the state
registrar of vital statistics;
(2) a person appointed by and representing the
commissioner of the department;
(3) a person appointed by and representing the Title V
director of the Department of State Health Services; [and]
(4) a person appointed by and representing the speaker
of the house of representatives;
(5) a person appointed by and representing the
lieutenant governor;
(6) a person appointed by and representing the
governor; and
(7) individuals selected under Subsection (b).
(b) The members of the committee who serve under Subsections
(a)(1) through (6) [(3)] shall select the following additional
committee members:
(1) a criminal prosecutor involved in prosecuting
crimes against children;
(2) a sheriff;
(3) a justice of the peace;
(4) a medical examiner;
(5) a police chief;
(6) a pediatrician experienced in diagnosing and
treating child abuse and neglect;
(7) a child educator;
(8) a child mental health provider;
(9) a public health professional;
(10) a child protective services specialist;
(11) a sudden infant death syndrome family service
provider;
(12) a neonatologist;
(13) a child advocate;
(14) a chief juvenile probation officer;
(15) a child abuse prevention specialist;
(16) a representative of the Department of Public
Safety;
(17) a representative of the Texas Department of
Transportation;
(18) an emergency medical services provider; and
(19) a provider of services to, or an advocate for,
victims of family violence.
SECTION 8. Section 264.503, Family Code, is amended by
amending Subsections (d) and (e) and adding Subsection (h) to read
as follows:
(d) The Department of State Health Services shall:
(1) recognize the creation and participation of review
teams;
(2) promote and coordinate training to assist the
review teams in carrying out their duties;
(3) assist the committee in developing model protocols
for:
(A) the reporting and investigating of child
fatalities for law enforcement agencies, child protective
services, justices of the peace and medical examiners, and other
professionals involved in the investigations of child deaths;
(B) the collection of data regarding child
deaths; and
(C) the operation of the review teams;
(4) develop and implement procedures necessary for the
operation of the committee; [and]
(5) develop and make available training for justices
of the peace and medical examiners regarding inquests in child
death cases; and
(6) promote education of the public regarding the
incidence and causes of child deaths, the public role in preventing
child deaths, and specific steps the public can undertake to
prevent child deaths.
(e) In addition to the duties under Subsection (d), the
Department of State Health Services shall:
(1) collect data under this subchapter and coordinate
the collection of data under this subchapter with other data
collection activities; [and]
(2) perform annual statistical studies of the
incidence and causes of child fatalities using the data collected
under this subchapter; and
(3) evaluate the available child fatality data and use
the data to create public health strategies for the prevention of
child fatalities.
(h) Each member of the committee must be a member of the
child fatality review team in the county where the committee member
resides.
SECTION 9. Subchapter F, Chapter 264, Family Code, is
amended by adding Sections 264.5031 and 264.5032 to read as
follows:
Sec. 264.5031. COLLECTION OF NEAR FATALITY DATA. (a) In
this section, "near fatality" means a case where a physician has
certified that a child is in critical or serious condition, and a
caseworker determines that the child's condition was caused by the
abuse or neglect of the child.
(b) The Department of State Health Services shall include
near fatality child abuse or neglect cases in the child fatality
case database, for cases in which child abuse or neglect is
determined to have been the cause of the near fatality. The
Department of State Health Services must also develop a data
collection strategy for near fatality child abuse or neglect cases.
Sec. 264.5032. TRACKING OF CHILD FATALITY AND NEAR FATALITY
DATA. (a) The department shall produce a report relating to child
fatality and near fatality cases resulting from child abuse or
neglect containing the following information:
(1) any prior contact the department had with the
child's family and the manner in which the case was disposed,
including cases in which the department made the following
dispositions:
(A) priority none or administrative closure;
(B) call screened out;
(C) alternative or differential response
provided;
(D) unable to complete the investigation;
(E) unable to determine whether abuse or neglect
occurred;
(F) reason to believe abuse or neglect occurred;
or
(G) child removed and placed into substitute
care;
(2) for any case investigated by the department
involving the child or the child's family:
(A) the number of caseworkers assigned to the
case before the fatality or near fatality occurred;
(B) the level of education for each caseworker
assigned to the case and the caseworker's employment tenure; and
(C) the caseworker's caseload at the time the
case was opened and at the time the case was closed;
(3) for any case in which the department investigation
concluded that there was reason to believe that abuse or neglect
occurred, and the family was referred to family-based safety
services:
(A) the safety plan provided to the family;
(B) the services offered to the family; and
(C) the level of compliance with the safety plan
or completion of the services by the family;
(4) the number of contacts the department made with
children and families in family-based safety services cases; and
(5) the initial and attempted contacts the department
made with child abuse and neglect victims.
(b) The department shall make the data collected under
Subsection (a) available to allow research into the determining
factors related to child abuse fatalities, with the purpose of:
(1) reducing child fatalities or near fatalities and
repeated referrals of a child or family to the department; and
(2) predicting future occurrences of child fatalities
and near fatalities to improve prevention and early intervention
strategies.
SECTION 10. Sections 264.505(a) and (c), Family Code, are
amended to read as follows:
(a) A multidisciplinary and multiagency child fatality
review team may be established for a county to review child deaths
in that county. A [review team for a] county [with a population of
less than 50,000] may join with an adjacent county or counties to
establish a combined review team.
(c) A review team must reflect the diversity of the county's
population and may include:
(1) a criminal prosecutor involved in prosecuting
crimes against children;
(2) a sheriff;
(3) a justice of the peace or medical examiner;
(4) a police chief;
(5) a pediatrician experienced in diagnosing and
treating child abuse and neglect;
(6) a child educator;
(7) a child mental health provider;
(8) a public health professional;
(9) a child protective services specialist;
(10) a sudden infant death syndrome family service
provider;
(11) a neonatologist;
(12) a child advocate;
(13) a chief juvenile probation officer; and
(14) a child abuse prevention specialist.
SECTION 11. Section 264.506(b), Family Code, is amended to
read as follows:
(b) To achieve its purpose, a review team shall:
(1) adapt and implement, according to local needs and
resources, the model protocols developed by the department and the
committee;
(2) meet on a regular basis to review child fatality
cases and recommend methods to improve coordination of services and
investigations between agencies that are represented on the team;
(3) collect and maintain data as required by the
committee; [and]
(4) review and analyze the collected data to identify
any demographic trends in child fatality cases, including whether
there is a disproportionate number of child fatalities in a
particular population group or geographic area; and
(5) submit to the vital statistics unit data reports
on deaths reviewed as specified by the committee.
SECTION 12. Section 264.509, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The Department of State Health Services shall provide
a review team with electronic access to the preliminary death
certificate for a deceased child.
SECTION 13. (a) Section 264.514, Family Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) The commissioners court of a county shall adopt
regulations relating to the timeliness for conducting an inquest
into the death of a child. The regulations adopted under this
subsection must be as stringent as the standards issued by the
National Association of Medical Examiners unless the commissioners
court determines that it would be cost prohibitive for the county to
comply with those standards.
(b) The medical examiner or justice of the peace shall
immediately notify an appropriate local law enforcement agency if
the medical examiner or justice of the peace determines that the
death is unexpected or the result of abuse or neglect, and that
agency shall investigate the child's death. The medical examiner or
justice of the peace shall notify the appropriate county child
fatality review team of the child's death not later than the 120th
day after the date the death is reported.
(b) A county must attempt to implement the timeliness
standards for inquests as described by Section 264.514(a-1), Family
Code, as added by this Act, as soon as possible after the effective
date of this Act.
SECTION 14. Section 264.903, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The department shall expedite the evaluation of a
potential caregiver under this section to ensure that the child is
placed with a caregiver who has the ability to protect the child
from the alleged perpetrator of abuse or neglect against the child.
SECTION 15. Section 265.005(b), Family Code, is amended to
read as follows:
(b) A strategic plan required under this section must:
(1) identify methods to leverage other sources of
funding or provide support for existing community-based prevention
efforts;
(2) include a needs assessment that identifies
programs to best target the needs of the highest risk populations
and geographic areas;
(3) identify the goals and priorities for the
department's overall prevention efforts;
(4) report the results of previous prevention efforts
using available information in the plan;
(5) identify additional methods of measuring program
effectiveness and results or outcomes;
(6) identify methods to collaborate with other state
agencies on prevention efforts; [and]
(7) identify specific strategies to implement the plan
and to develop measures for reporting on the overall progress
toward the plan's goals; and
(8) identify strategies
with the goal of increasing
the number of families receiving prevention and early intervention
services each year, subject to the availability of funds, with the
eventual goal of providing services to 50 percent of the highest
risk families, as defined by the department, that are eligible to
receive services through home visiting and community-based
programs financed with federal, state, local, or private resources.
SECTION 16. Subchapter A, Chapter 265, Family Code, is
amended by adding Sections 265.007, 265.008, and 265.009 to read as
follows:
Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY
INTERVENTION SERVICES. (a) To improve the effectiveness and
delivery of prevention and early intervention services, the
department shall:
(1) use a geographic focus to ensure that prevention
and early intervention services are provided to families with the
greatest need;
(2) identify the geographic areas that have the
highest need for prevention and early intervention services;
(3) identify geographic areas that have a high need
for prevention and early intervention services but do not have
prevention and early intervention services available in the area or
have only unevaluated prevention and early intervention services
available in the area; and
(4) develop strategies for community partners to:
(A) improve the early recognition of child abuse
or neglect;
(B) improve the reporting of child abuse and
neglect; and
(C) prevent child fatalities.
(b) The department may not use data gathered under this
section to identify a specific family or individual.
Sec. 265.008. EVALUATION OF PREVENTION AND EARLY
INTERVENTION SERVICES. (a) The department and the Texas Higher
Education Coordinating Board shall enter into agreements with
institutions of higher education to conduct efficacy reviews of any
prevention and early intervention services provided under this
chapter that have not previously been evaluated for effectiveness
in a research evaluation that meets the standards described by
Subsection (b). The efficacy review shall include, when possible,
a cost-benefit analysis of the program to the state.
(b) A prevention and early intervention services program is
considered to have been previously evaluated if it has been
evaluated by at least one rigorous randomized controlled research
trial across heterogeneous populations or communities, the results
of at least one of which has been published in a peer-reviewed
journal.
(c) The department is not required to enter into an
agreement to conduct a program efficacy evaluation under this
section unless:
(1) the department is specifically appropriated money
for the purposes of this section; or
(2) the agreement with the institution of higher
education is cost neutral.
Sec. 265.009. EXPANSION OF HOME VISITING SERVICES. Subject
to an appropriation for that purpose, and not later than August 31,
2019, the department shall expand the capacity of home visiting
services provided by the prevention and early intervention services
division of the department by 20 percent in the six counties of the
state that:
(1) are identified under Section 265.007(a)(2) as
having the highest need for services; and
(2) have the largest disparity between the percentage
of families receiving home visiting services in the county and the
goal developed under Section 265.005(b)(8).
SECTION 17. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.038 to read as follows:
Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a)
In this section, "secondary trauma" means trauma incurred as a
consequence of a person's exposure to acute or chronic trauma.
(b) The department shall develop and make available a
program to provide ongoing support to caseworkers who experience
secondary trauma resulting from exposure to trauma in the course of
the caseworker's employment. The program must include critical
incident stress debriefing. The department may not require that a
caseworker participate in the program.
SECTION 18. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0516 to read as follows:
Sec. 40.0516. COLLECTION OF DATA; ANNUAL REPORT. (a) The
department shall collect and compile the following data on the
state and county level:
(1) the following information for reports of abuse and
neglect in residential child-care facilities, as defined by Section
42.002:
(A) the number of reports of abuse and neglect
made to the department hotline;
(B) the types of abuse and neglect reported;
(C) the investigation priority level assigned to
each report;
(D) the investigation response times, sorted by
investigation priority;
(E) the disposition of each investigation;
(F) the number of reports of abuse and neglect to
which the department assigned a disposition of call screened out or
alternative or differential response provided; and
(G) the overall safety and risk finding for each
investigation;
(2) the number of families referred to family
preservation services, organized by the risk level assigned to each
family through structured decision-making;
(3) the number of children removed from the child's
home as the result of an investigation of a report of abuse or
neglect and the primary circumstances that contributed to the
removal;
(4) the number of children placed in substitute care,
organized by type of placement;
(5) the number of children placed out of the child's
home county or region;
(6) the number of children in the conservatorship of
the department at each service level;
(7) the number of children in the conservatorship of
the department who are pregnant or who are a parent;
(8) the number of children in the managing
conservatorship of the department who are the parent of a child who
is also in the managing conservatorship of the department;
(9) the recurrence of child abuse or neglect in a
household in which the department investigated a report of abuse or
neglect within six months and one year of the date the case was
closed separated by the following type of case:
(A) cases that were administratively closed
without further action;
(B) cases in which the child was removed and
placed in the managing conservatorship of the department; and
(C) cases in which the department provided family
preservation services;
(10) the recurrence of child abuse and neglect in a
household within five years of the date the case was closed for
cases described by Subdivisions (9)(B) and (C); and
(11) workforce turnover data for child protective
services employees, including the average tenure of caseworkers and
supervisors and the average salary of caseworkers and supervisors.
(b) Not later than February 1 of each year, the department
shall publish a report containing data collected under this
section. The report must include the statewide data and the data
reported by county.
SECTION 19. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0529 to read as follows:
Sec. 40.0529. CASELOAD MANAGEMENT. (a) Subject to a
specific appropriation for that purpose, the department shall
develop and implement a caseload management system for child
protective services caseworkers and managers that:
(1) ensures equity in the distribution of workload,
based on the complexity of each case;
(2) calculates caseloads based on the number of
individual caseworkers who are available to handle cases;
(3) includes geographic case assignment in areas with
concentrated high risk populations, to ensure that an adequate
number of caseworkers and managers with expertise and specialized
training are available;
(4) includes a plan to deploy master investigators in
anticipation of emergency shortages of personnel; and
(5) anticipates vacancies in caseworker positions in
areas of the state with high caseworker turnover to ensure the
timely hiring of new caseworkers in those areas.
(b) In calculating the caseworker caseload under Subsection
(a)(2), the department:
(1) may not count caseworkers who are on leave for four
weeks or more as available caseworkers;
(2) may not create fictive caseworkers to compensate
for overtime hours worked by caseworkers; and
(3) shall only count caseworkers who are on reduced
caseloads at a value of .3 or less.
SECTION 20. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.078 to read as follows:
Sec. 40.078. PREVENTION ADVISORY BOARD. (a) In this
section, "board" means the Prevention Advisory Board.
(b) The board is established in the department to promote
public awareness and make recommendations to the Health and Human
Services Commission, the Department of State Health Services, the
department, the governor, and the legislature for changes to law,
policy, and practices regarding:
(1) the prevention of child abuse and neglect;
(2) the development of a state strategy to promote
child safety and well-being using enhanced data collection and
analysis; and
(3) the expansion of evidence-based and promising
practice programs, as those terms are described by Sections
531.983(b) and (c), Government Code.
(c) The board is composed of not more than 25 members,
appointed as follows:
(1) one member appointed by the governor from the
governor's staff;
(2) one member appointed by the lieutenant governor
from the lieutenant governor's staff;
(3) one member appointed by the speaker of the house of
representatives from the speaker's staff;
(4) one staff member from the office of the chair of
the Senate Health and Human Services Committee;
(5) one staff member from the office of the chair of
the House Public Health Committee; and
(6) any remaining members appointed by the
commissioner.
(d) The members appointed under Subsections (c)(1) through
(5) serve as ex officio nonvoting members of the board.
(e) In appointing members to the board, the commissioner
shall attempt to select individuals whose qualifications are not
already represented by existing members of the board. Board
members may include:
(1) a chair of a child fatality review team committee;
(2) a pediatrician;
(3) a judge;
(4) representatives of relevant state agencies;
(5) prosecutors who specialize in child abuse and
neglect;
(6) medical examiners;
(7) representatives of service providers to the
department; and
(8) policy experts in child abuse and neglect
prevention, community advocacy, or related fields.
(f) The board shall select a chair from among its members
and shall meet at least quarterly, with additional meetings called
by the chair as necessary.
(g) A vacancy on the board shall be filled in the same manner
as the original appointment.
(h) A member of the board is not entitled to compensation or
reimbursement of expenses incurred in performing board duties.
(i) The board may take testimony and receive evidence that
the board considers necessary to carry out the duties of the board.
(j) In developing the recommendations under Subsection (b),
the board shall collaborate with the prevention and early
intervention services division of the department to:
(1) use a public health approach by applying
population-based, universal, and targeted strategies for
prevention;
(2) consider the evidence-based and promising
practice programs for home visiting under Section 531.983,
Government Code, and parent education under Section 265.101, Family
Code, as added by Chapter 1257 (H.B. 2630), Acts of the 84th
Legislature, Regular Session, 2015, in structuring accountability
and evidence-based measures for child abuse fatality prevention
programming;
(3) maximize funding sources to expand prevention
programs, including federal and local government funds and private
funds; and
(4) research and make recommendations regarding the
training of external stakeholders, including the expansion of
mandated training for medical professionals, child care workers,
educators, and higher education professionals with access to
minors, to improve the identification, recognition, reporting, and
prevention of child abuse and neglect.
(k) The board shall collaborate with the department and the
Department of State Health Services to develop and maintain a
database of the most effective state and national evidence-based or
promising practice programs that address child abuse and neglect
and the prevention of child abuse and neglect fatalities. The
database shall include the cost per family and a cost-benefit
analysis for each program.
SECTION 21. This Act takes effect September 1, 2017.