Bill Text: TX HB600 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to child protective services and employees of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Human Services [HB600 Detail]
Download: Texas-2015-HB600-Introduced.html
84R10118 YDB-D | ||
By: Dukes | H.B. No. 600 |
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relating to child protective services and employees of the | ||
Department of Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 61, Education Code, is amended by adding | ||
Subchapter N to read as follows: | ||
SUBCHAPTER N. REPAYMENT ASSISTANCE FOR CERTAIN DEPARTMENT OF | ||
FAMILY AND PROTECTIVE SERVICES EMPLOYEES | ||
Sec. 61.731. REPAYMENT ASSISTANCE AUTHORIZED. The board | ||
shall establish a program to provide, using funds appropriated for | ||
that purpose and in accordance with this subchapter and rules of the | ||
board, assistance in the repayment of student loans for employees | ||
of the Department of Family and Protective Services who apply and | ||
qualify for the assistance. | ||
Sec. 61.732. ELIGIBILITY. (a) To be eligible to receive | ||
repayment assistance, a person must: | ||
(1) apply to the board; and | ||
(2) have been employed for at least one year as, and be | ||
currently employed full-time at the Department of Family and | ||
Protective Services as: | ||
(A) a child protective services family-based | ||
safety services caseworker; | ||
(B) a child protective services investigator; | ||
(C) a child-care licensing investigator or | ||
inspector; or | ||
(D) a residential child-care licensing | ||
investigator or inspector. | ||
(b) In awarding repayment assistance to first-time | ||
applicants, the board shall give priority to applicants who | ||
demonstrate financial need. | ||
Sec. 61.733. AMOUNT OF REPAYMENT ASSISTANCE; LIMITATION. | ||
(a) For each year that a person meets the eligibility requirements | ||
provided by Section 61.732, the person may receive repayment | ||
assistance under this subchapter in an amount determined by board | ||
rule, not to exceed $2,500. | ||
(b) A person may not receive repayment assistance under this | ||
subchapter for more than four years. | ||
(c) If the money available for repayment assistance in a | ||
period for which assistance is awarded is insufficient to provide | ||
assistance to all eligible applicants described by Section | ||
61.732(b), the board shall award repayment assistance to eligible | ||
applicants by prioritizing awards to applicants employed in regions | ||
of this state experiencing the highest turnover. | ||
Sec. 61.734. ELIGIBLE LOANS. (a) The board may provide | ||
repayment assistance for the repayment of any student loan for | ||
education at a public or private institution of higher education, | ||
including loans for undergraduate education and graduate | ||
education, issued through any lender. | ||
(b) The board may not provide repayment assistance for a | ||
student loan that is in default at the time of the person's | ||
application. | ||
Sec. 61.735. REPAYMENT. (a) The board shall deliver any | ||
repayment assistance made under this subchapter in a lump sum | ||
directly to the lender or other holder of the loan on the person's | ||
behalf and in accordance with any applicable federal law. | ||
(b) Repayment assistance received under this subchapter may | ||
be applied to the principal amount of the loan and to interest that | ||
accrues. | ||
Sec. 61.736. FUNDING. (a) The repayment assistance | ||
program established by this subchapter is funded only from | ||
appropriations made specifically to fund the program and from | ||
gifts, grants, and donations. The board shall attempt to provide | ||
repayment assistance in each state fiscal biennium in amounts | ||
sufficient to use all amounts appropriated for the program in that | ||
biennium. | ||
(b) The board may solicit and accept gifts, grants, and | ||
donations from any public or private source for the purposes of this | ||
subchapter. | ||
Sec. 61.737. RULES. (a) The board shall adopt rules | ||
necessary for the administration of this subchapter, including a | ||
rule that establishes the amount of repayment assistance awarded to | ||
eligible persons each year. | ||
(b) The board shall distribute to each institution of higher | ||
education, the Department of Family and Protective Services, and | ||
appropriate professional associations copies of the rules adopted | ||
under this section and pertinent information in this subchapter. | ||
SECTION 2. Chapter 101, Family Code, is amended by adding | ||
Section 101.0013 to read as follows: | ||
Sec. 101.0013. AGE-APPROPRIATE ACTIVITY. "Age-appropriate | ||
activity" means an activity or experience that is generally | ||
accepted as suitable for a child of the same chronological age or | ||
level of maturity or that is determined to be developmentally | ||
appropriate for a child based on the development of cognitive, | ||
emotional, physical, and behavioral capacities that are typical for | ||
an age or age group. | ||
SECTION 3. Chapter 101, Family Code, is amended by amending | ||
Section 101.0201 and adding Section 101.0202 to read as follows: | ||
Sec. 101.0201. NORMALCY ACTIVITY. "Normalcy activity" | ||
means an activity or experience in which a child who is not in the | ||
conservatorship of the state is allowed to participate, including | ||
extracurricular activities, in-school and out-of-school social | ||
activities, enrichment activities, and employment opportunities. | ||
Sec. 101.0202. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF | ||
WITHHOLDING. "Notice of application for judicial writ of | ||
withholding" means the document delivered to an obligor and filed | ||
with the court as required by Chapter 158 for the nonjudicial | ||
determination of arrears and initiation of withholding. | ||
SECTION 4. Chapter 101, Family Code, is amended by adding | ||
Section 101.0253 to read as follows: | ||
Sec. 101.0253. REASONABLE AND PRUDENT PARENT STANDARD. | ||
"Reasonable and prudent parent standard" means the standard | ||
characterized by careful and sensible parental decisions that | ||
maintain the child's health, safety, and best interests. | ||
SECTION 5. Section 261.3021, Family Code, is amended to | ||
read as follows: | ||
Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT. | ||
Subject to the appropriation of money for these purposes, the | ||
department shall: | ||
(1) identify critical investigation actions that | ||
impact child safety and require department caseworkers to document | ||
those actions in a child's case file not later than the day after | ||
the action occurs; | ||
(2) identify and develop a comprehensive set of | ||
casework quality indicators that must be reported in real time to | ||
support timely management oversight; | ||
(3) provide department supervisors with access to | ||
casework quality indicators and train department supervisors on the | ||
use of that information in the daily supervision of caseworkers; | ||
(4) develop a case tracking system that: | ||
(A) uses the latest technology to easily link | ||
cases involving individuals in the same household by identifying | ||
siblings, relatives, and other non-related adults living in the | ||
home; | ||
(B) includes expanded read-only access for | ||
caseworkers and case coordinators; | ||
(C) tracks subsequent investigations of child | ||
protective services provided to children for whom caseworkers are | ||
unable to determine whether abuse or neglect occurred; and | ||
(D) notifies department supervisors and | ||
management when a case is not progressing in a timely manner; | ||
(5) use current data reporting systems to provide | ||
department supervisors and management with easier access to | ||
information; and | ||
(6) train department supervisors and management on the | ||
use of data to monitor cases and make decisions. | ||
SECTION 6. Section 261.3022, Family Code, is amended to | ||
read as follows: | ||
Sec. 261.3022. CHILD SAFETY CHECK ALERT LIST. (a) Subject | ||
to the availability of funds, the Department of Public Safety of the | ||
State of Texas shall create a child safety check alert list as part | ||
of the Texas Crime Information Center to help locate a child or the | ||
child's family for purposes of: | ||
(1) investigating a report of child abuse or neglect; | ||
(2) providing protective services to a child whose | ||
life may be at risk and whose family is receiving in-home support | ||
services; or | ||
(3) providing protective services to a child in the | ||
managing conservatorship of the department who has run away and | ||
whose life may be at risk. | ||
(b) If the child safety check alert list is established and | ||
the department is unable to locate a child or the child's family for | ||
a purpose stated in Subsection (a) [ |
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exhausted all means available to the department for locating the | ||
child or the child's family, the department may seek assistance | ||
under this section from the appropriate [ |
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representing the department as provided by Section 264.009. | ||
(c) If the department requests assistance, the county | ||
attorney, district attorney, or criminal district attorney, as | ||
applicable, may file an application with the court requesting the | ||
issuance of an ex parte order requiring the Texas Crime Information | ||
Center to place the child or the members of the child's family whom | ||
the department is attempting to locate on a child safety check alert | ||
list. The application must include a summary of: | ||
(1) either: | ||
(A) the report of child abuse or neglect the | ||
department is attempting to investigate; or | ||
(B) the circumstances in a case described by | ||
Subsection (a)(2) or (3) that cause a child to be at a substantial | ||
risk of harm because the child or family cannot be located; and | ||
(2) the department's efforts to locate the child or the | ||
child's family. | ||
(d) If the court determines after a hearing that the family | ||
cannot be located to investigate a report of child abuse or neglect | ||
or that a child is at risk of substantial harm because the child or | ||
family cannot be located and that the department has exhausted all | ||
means available to the department for locating the child or the | ||
child's family, as applicable, the court shall approve the | ||
application and order the appropriate law enforcement agency to | ||
notify the Texas Crime Information Center to place the child or the | ||
child's family, as applicable, on a child safety check alert list. | ||
The alert list must include: | ||
(1) if applicable, the name of the family member | ||
alleged to have abused or neglected a child according to the report | ||
the department is attempting to investigate; | ||
(2) the name of the child who is the subject of the | ||
report or an ongoing department case; | ||
(3) if applicable, a code identifying the type of | ||
child abuse or neglect alleged to have been committed against the | ||
child; | ||
(4) the family's last known address; and | ||
(5) the minimum criteria for an entry as established | ||
by the center. | ||
SECTION 7. Section 261.3023(a), Family Code, is amended to | ||
read as follows: | ||
(a) If a law enforcement officer encounters a person, | ||
including a child, listed on the Texas Crime Information Center's | ||
child safety check alert list [ |
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information from the person or the child regarding the child's | ||
well-being and current residence. The officer shall immediately | ||
report that the person or child has been located and the location of | ||
the person or child by calling the toll-free telephone number | ||
operated by the department to receive reports of child abuse or | ||
neglect. | ||
SECTION 8. Section 261.3024(a), Family Code, is amended to | ||
read as follows: | ||
(a) A law enforcement officer who locates a child listed on | ||
the Texas Crime Information Center's child safety check alert list | ||
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child's current address and other relevant information to the | ||
department under Section 261.3023 shall report to the Texas Crime | ||
Information Center that the child has been located. | ||
SECTION 9. Section 261.3126(a), Family Code, is amended to | ||
read as follows: | ||
(a) In each county, to the extent possible, the department | ||
and the local law enforcement agencies that investigate child abuse | ||
in the county shall colocate in the same offices investigators from | ||
the department and the law enforcement agencies to improve the | ||
efficiency of child abuse investigations. With approval of the | ||
local children's advocacy center and its partner agencies, in each | ||
county in which a children's advocacy center established under | ||
Section 264.402 is located, the department shall attempt to locate | ||
investigators from the department and county and municipal law | ||
enforcement agencies at the center and to increase the number of | ||
department investigators located at a center if the rate of | ||
retention for investigators at that center exceeds the retention | ||
rate of investigators located in other offices. | ||
SECTION 10. Section 263.102(a), Family Code, is amended to | ||
read as follows: | ||
(a) The service plan must: | ||
(1) be specific; | ||
(2) be in writing in a language that the parents | ||
understand, or made otherwise available; | ||
(3) be prepared by the department or other agency in | ||
conference with the child's parents; | ||
(4) state appropriate deadlines; | ||
(5) state whether the goal of the plan is: | ||
(A) return of the child to the child's parents; | ||
(B) termination of parental rights and placement | ||
of the child for adoption; or | ||
(C) because of the child's special needs or | ||
exceptional circumstances, continuation of the child's care out of | ||
the child's home; | ||
(6) state steps that are necessary to: | ||
(A) return the child to the child's home if the | ||
placement is in foster care; | ||
(B) enable the child to remain in the child's | ||
home with the assistance of a service plan if the placement is in | ||
the home under the department's or other agency's supervision; or | ||
(C) otherwise provide a permanent safe placement | ||
for the child; | ||
(7) state the actions and responsibilities that are | ||
necessary for the child's parents to take to achieve the plan goal | ||
during the period of the service plan and the assistance to be | ||
provided to the parents by the department or other authorized | ||
agency toward meeting that goal; | ||
(8) state any specific skills or knowledge that the | ||
child's parents must acquire or learn, as well as any behavioral | ||
changes the parents must exhibit, to achieve the plan goal; | ||
(9) state the actions and responsibilities that are | ||
necessary for the child's parents to take to ensure that the child | ||
attends school and maintains or improves the child's academic | ||
compliance; | ||
(10) state the name of the person with the department | ||
or other agency whom the child's parents may contact for | ||
information relating to the child if other than the person | ||
preparing the plan; [ |
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(11) provide for the elimination of impediments to the | ||
child's participation in age-appropriate normalcy activities; and | ||
(12) prescribe any other term or condition that the | ||
department or other agency determines to be necessary to the | ||
service plan's success. | ||
SECTION 11. Section 263.105, Family Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) As part of the review under Subsection (b), the court | ||
shall ensure that the child's caregiver under the plan understands: | ||
(1) the importance of the child's participation in | ||
age-appropriate normalcy activities; and | ||
(2) the flexibility the reasonable and prudent parent | ||
standard provides the caregiver in approving the child's | ||
participation in normalcy activities. | ||
SECTION 12. Section 263.306, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) At each permanency hearing, the court shall review the | ||
efforts of the department in ensuring that: | ||
(1) the child's caregiver is following the reasonable | ||
and prudent parent standard; and | ||
(2) the child has regular, ongoing opportunities to | ||
engage in age-appropriate normalcy activities, including | ||
activities not listed in the child's service plan. | ||
SECTION 13. Section 263.503, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) At each placement review hearing, the court shall review | ||
the efforts of the department in ensuring that: | ||
(1) the child's caregiver is following the reasonable | ||
and prudent parent standard; and | ||
(2) the child has regular, ongoing opportunities to | ||
engage in age-appropriate normalcy activities, including | ||
activities not listed in the child's service plan. | ||
SECTION 14. Section 264.015, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) In the training for prospective foster parents and in | ||
the annual training for foster parents, the department shall | ||
include programs to address the potential impact on the family of | ||
providing foster care and to recommend methods for maintaining | ||
household stability, including respite care and stress relief | ||
techniques. | ||
SECTION 15. Section 264.114, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A foster parent, relative or other designated | ||
caregiver, or other substitute caregiver caring for a child in the | ||
department's managing conservatorship is not liable for harm caused | ||
to the child that results from the child's participation in an | ||
age-appropriate activity approved by the caregiver if the caregiver | ||
acted in the same manner as a reasonable and prudent parent would in | ||
approving the child's participation in the activity. | ||
SECTION 16. Section 264.121(f), Family Code, as amended by | ||
Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
(f) The department shall require a person with whom the | ||
department contracts for transitional living services for foster | ||
youth to provide or assist youth in obtaining: | ||
(1) housing services; | ||
(2) job training and employment services; | ||
(3) college preparation services beginning at age 14; | ||
(4) services that will assist youth in obtaining a | ||
general education development certificate; | ||
(5) services that will assist youth in developing | ||
skills in food preparation; | ||
(6) nutrition education that promotes healthy food | ||
choices; [ |
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(7) [ |
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is at least 18 years of age and has a source of income; and | ||
(8) [ |
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service identified by the department. | ||
SECTION 17. Sections 264.123(a) and (d), Family Code, are | ||
amended to read as follows: | ||
(a) If a child in the department's managing conservatorship | ||
is missing from the child's substitute care provider, including a | ||
child who is abducted or is a runaway, the department shall notify | ||
the following persons and entities that the child is missing: | ||
(1) the appropriate law enforcement agencies; | ||
(2) the court with jurisdiction over the department's | ||
managing conservatorship of the child; | ||
(3) the child's attorney ad litem; | ||
(4) the child's guardian ad litem; [ |
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(5) the child's parent unless the parent: | ||
(A) cannot be located or contacted; | ||
(B) has had the parent's parental rights | ||
terminated; or | ||
(C) has executed an affidavit of relinquishment | ||
of parental rights; and | ||
(6) the National Center for Missing and Exploited | ||
Children. | ||
(d) The department shall make continuing efforts to | ||
determine the location of a missing child until the child returns to | ||
substitute care, including: | ||
(1) contacting on a monthly basis: | ||
(A) the appropriate law enforcement agencies; | ||
(B) the child's relatives; | ||
(C) the child's former caregivers; and | ||
(D) any state or local social service agency that | ||
may be providing services to the child; [ |
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(2) conducting a supervisory-level review of the case | ||
on a quarterly basis if the child is 15 years of age or younger to | ||
determine whether sufficient efforts have been made to locate the | ||
child and whether other action is needed; and | ||
(3) appointing a special investigator to assist in | ||
locating the child and in investigating the events affecting the | ||
child that occurred while the child was missing. | ||
SECTION 18. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.126 to read as follows: | ||
Sec. 264.126. NORMALCY ACTIVITIES; REASONABLE AND PRUDENT | ||
PARENT STANDARD. (a) The department shall use its best efforts to | ||
normalize the lives of children in the managing conservatorship of | ||
the department and to allow substitute caregivers to make | ||
decisions, similar to the decisions that a parent is entitled to | ||
make, regarding the child's participation in age-appropriate | ||
normalcy activities without the department's prior approval. | ||
(b) A substitute caregiver shall use a reasonable and | ||
prudent parent standard in determining whether to permit a child in | ||
the conservatorship of the department to participate in an | ||
activity. When making a decision according to the reasonable and | ||
prudent parent standard, the caregiver must consider: | ||
(1) the overall health and safety of the child and the | ||
child's age, maturity, and development level; | ||
(2) any potential risk factors and the appropriateness | ||
of the activity; | ||
(3) the best interest of the child based on the | ||
caregiver's knowledge of the child; | ||
(4) the importance of encouraging the child's social, | ||
emotional, and developmental growth; | ||
(5) the importance of providing the child with the | ||
most family-like living experience possible; and | ||
(6) the behavioral history of the child and the child's | ||
ability to safely participate in the proposed activity. | ||
(c) The department shall verify that substitute caregivers | ||
providing substitute care services under contract with the | ||
department: | ||
(1) promote and protect the ability of a child to | ||
participate in age-appropriate normalcy activities; and | ||
(2) implement policies consistent with this section. | ||
(d) The department shall review its policies and procedures | ||
to identify policies and procedures that impede a substitute | ||
caregiver's ability to make reasonable and prudent parenting | ||
decisions and shall adopt new policies that promote a substitute | ||
caregiver's ability to make reasonable and prudent parenting | ||
decisions. | ||
(e) The department shall require a child's substitute | ||
caregiver to complete training on: | ||
(1) decision-making as a reasonable and prudent | ||
parent; | ||
(2) appropriate and trauma-informed procedures for | ||
addressing a child's misbehavior; and | ||
(3) the importance of a child's participation in | ||
age-appropriate normalcy activities and the benefits of | ||
participation to a child's social, emotional, and developmental | ||
growth, well-being, and mental health. | ||
SECTION 19. Section 264.408(c), Family Code, is amended to | ||
read as follows: | ||
(c) The department, a law enforcement agency, and a | ||
prosecuting attorney may share with a center or a statewide child | ||
advocacy center organization information that is confidential | ||
under Section 261.201 as needed to provide services under this | ||
chapter. Confidential information shared with or provided to a | ||
center or organization remains the property of the agency that | ||
shared or provided the information to the center or organization. | ||
SECTION 20. Section 264.503, Family Code, is amended by | ||
adding Subsection (f-1) to read as follows: | ||
(f-1) The Department of State Health Services shall | ||
identify opportunities for improving the information provided in | ||
the report under Subsection (f) and, in areas of this state where a | ||
review team is not established, shall monitor the impact on that | ||
area of inadequate services. | ||
SECTION 21. Section 264.852, Family Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The department shall provide to a foster child's | ||
relative, or other adult with whom that child has a longstanding and | ||
significant relationship, with whom the child is residing | ||
information about qualifying and becoming licensed or verified by | ||
the department as a kinship provider. | ||
SECTION 22. Chapter 265, Family Code, is amended by adding | ||
Sections 265.005, 265.006, and 265.007 to read as follows: | ||
Sec. 265.005. EVALUATION OF SERVICES. (a) The department | ||
shall establish a process to identify each child or family member | ||
who receives prevention and early intervention services and | ||
subsequent child protective services and evaluate the success of | ||
the prevention and early intervention services initially provided. | ||
(b) The department shall use the information obtained | ||
through the evaluation process to determine and provide the most | ||
intensive prevention and early intervention services to children | ||
and families who are determined most at risk for abuse and neglect | ||
and most in need of the services. | ||
Sec. 265.006. HEALTHY OUTCOMES THROUGH PREVENTION AND EARLY | ||
SUPPORT (HOPES) AND HELP THROUGH INTERVENTION AND PREVENTION (HIP) | ||
PROJECTS. (a) The department shall establish: | ||
(1) a healthy outcomes through prevention and early | ||
support (HOPES) project to provide, in communities selected by the | ||
department, flexible, community-based child abuse and neglect | ||
prevention programs to families of children under five years of age | ||
who are at risk of abuse and neglect; and | ||
(2) a help through intervention and prevention (HIP) | ||
project to provide voluntary extensive family assessment, home | ||
visitation, and education services to families at risk for abuse | ||
and neglect to increase protection of the child and prevent child | ||
abuse. | ||
(b) Not later than December 1 of each even-numbered year, | ||
the department shall submit electronically to each legislative | ||
committee with jurisdiction over child protective services a report | ||
on the department's efforts and strategies to expand the services | ||
provided under Subsection (a) to additional areas in this state and | ||
to populations identified as being at higher risk for abuse and | ||
neglect. | ||
Sec. 265.007. IDENTIFICATION OF FUNDING OPPORTUNITIES. The | ||
department shall collaborate with the Department of State Health | ||
Services to identify additional funding opportunities for children | ||
and families receiving prevention and early intervention services | ||
to address individual and community factors that contribute to | ||
parental substance abuse and domestic violence in those families. | ||
SECTION 23. Section 40.032(c), Human Resources Code, is | ||
amended to read as follows: | ||
(c) The executive director or the executive director's | ||
designated representative shall develop a system of annual | ||
performance evaluations based on measurable job tasks. All merit | ||
pay for department employees must be based on the system | ||
established under this subsection. The department's retention | ||
strategies for child protective services caseworkers may include | ||
merit-based advancement opportunities for caseworkers and coaching | ||
or corrective action procedures to address deficient performance | ||
evaluations without negatively impacting merit eligibility. | ||
SECTION 24. Subchapter B, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.03211 to read as follows: | ||
Sec. 40.03211. SALARY SUPPLEMENT PILOT PROJECT FOR CHILD | ||
PROTECTIVE SERVICES CASEWORKERS. (a) The department may establish | ||
a pilot project to supplement the salary of a child protective | ||
services caseworker based on the average salary for similar | ||
positions in the area of the employee's assigned place of | ||
employment, the extent to which the caseworker's salary meets | ||
cost-of-living expenses in that area, and other location factors. | ||
(b) Section 659.020, Government Code, does not apply to the | ||
supplement authorized by this section. | ||
SECTION 25. Subchapter B, Chapter 40, Human Resources Code, | ||
is amended by adding Sections 40.0328 and 40.0329 to read as | ||
follows: | ||
Sec. 40.0328. CHILD PROTECTIVE SERVICES CASEWORKERS. (a) | ||
The department shall periodically restructure the duties of | ||
caseworkers as necessary to maintain the safety of children in | ||
child protective services, increase the time a caseworker spends | ||
with children, prioritize the time required to effectively address | ||
cases above caseload, and successfully manage child protective | ||
services caseloads. | ||
(b) The department shall: | ||
(1) create a streamlined child protective services | ||
policy handbook to assist caseworkers in understanding their | ||
duties; | ||
(2) establish caseworker support centers to provide | ||
administrative support to the caseworkers; | ||
(3) increase the number of support staff for | ||
investigation units to be separately located from other | ||
investigation units; | ||
(4) develop information resources to assist | ||
caseworkers and their supervisors in prioritizing caseworker time; | ||
and | ||
(5) assign master caseworkers to areas with high | ||
caseworker vacancy numbers or case numbers. | ||
(c) The department shall require a caseworker each month to | ||
report a face-to-face visit with each foster child assigned to the | ||
caseworker. | ||
Sec. 40.0329. DISRUPTION SPECIALISTS. The department shall | ||
designate as disruption specialists a sufficient number of | ||
personnel to provide family group conference services, support | ||
timely intervention efforts that reduce preventable placement | ||
disruptions, and more frequently use family team meetings to engage | ||
the family and community in making critical child-placing | ||
decisions. | ||
SECTION 26. Subchapter C, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.0565 to read as follows: | ||
Sec. 40.0565. REGIONAL YOUTH LEADERSHIP COUNCILS. The | ||
department shall establish and fund regional youth leadership | ||
councils. The department shall include the councils in making | ||
decisions related to creating stable environments for foster | ||
children. | ||
SECTION 27. Section 40.058(c), Human Resources Code, is | ||
amended to read as follows: | ||
(c) The department shall monitor a contractor's performance | ||
under a contract for the purchase of program-related client | ||
services. In monitoring performance, the department shall: | ||
(1) use a risk-assessment methodology that employs | ||
empirically driven predictive analytics to monitor the contracts | ||
and ensure compliance with financial and performance requirements | ||
under the contract; and | ||
(2) obtain and evaluate program cost information to | ||
ensure that all costs, including administrative costs, are | ||
reasonable and necessary to achieve program objectives. | ||
SECTION 28. Subchapter C, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.075 to read as follows: | ||
Sec. 40.075. RECORDS RETENTION. The department shall | ||
retain child protective services records as follows: | ||
(1) for cases in which the department has reason to | ||
believe a child was abused or neglected and the child was removed | ||
from the child's home, 50 years; | ||
(2) for cases in which the department has reason to | ||
believe a child was abused or neglected, the designated perpetrator | ||
of the abuse or neglect appeals the department's findings, and the | ||
findings are substantiated, 20 years; | ||
(3) for cases in which the department has reason to | ||
believe a child was abused or neglected, the department is unable to | ||
determine whether the abuse or neglect happened or is unable to | ||
complete the investigation, and the child remains in the child's | ||
home, 20 years; and | ||
(4) for cases in which the department rules out abuse | ||
or neglect and the department's risk assessment indicates a | ||
significant level of risk remains with the family, no significant | ||
risks exist within the family, or the risk factors within the family | ||
are controlled, five years. | ||
SECTION 29. Section 42.053, Human Resources Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) A licensed child-placing agency shall conduct an annual | ||
home study for each agency foster home or agency foster group home | ||
operated by the agency. | ||
SECTION 30. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt the necessary rules and policies | ||
and the Department of Family and Protective Services shall develop | ||
the procedures and take the steps necessary to implement the | ||
changes in law made by this Act. | ||
SECTION 31. The Texas Higher Education Coordinating Board | ||
shall adopt the rules for the repayment assistance program under | ||
Subchapter N, Chapter 61, Education Code, as added by this Act, not | ||
later than December 1, 2015. | ||
SECTION 32. To the extent of any conflict, this Act prevails | ||
over another Act of the 84th Legislature, Regular Session, 2015, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 33. This Act takes effect September 1, 2015. |