85R25856 MCK-D     By: Wu H.B. No. 39     Substitute the following for H.B. No. 39:     By:  Minjarez C.S.H.B. No. 39       A BILL TO BE ENTITLED   AN ACT   relating to the child protective service functions of the   Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 264.1075, Family Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  As soon as possible after a child is placed in the   managing conservatorship of the department [begins receiving   foster care under this subchapter], the department shall assess   whether the child has a developmental or intellectual disability.          (c)  If the assessment required by Subsection (b) indicates   that the child might have an intellectual disability, the   department shall ensure that a referral for a determination of   intellectual disability is made as soon as possible and that the   determination is conducted by an authorized provider before the   date of the child's 16th birthday, if practicable.  If the child is   placed in the managing conservatorship of the department after the   child's 16th birthday, the determination of intellectual   disability must be conducted as soon as possible after the   assessment required by Subsection (b).  In this subsection,   "authorized provider" has the meaning assigned by Section 593.004,   Health and Safety Code.          SECTION 2.  Subchapter B, Chapter 264, Family Code, is   amended by adding Section 264.1076 to read as follows:          Sec. 264.1076.  MEDICAL EXAMINATION REQUIRED. (a)  This   section applies only to a child who has been taken into the   conservatorship of the department and remains in the   conservatorship of the department for more than three business days   other than a child admitted to an inpatient medical facility.          (b)  The department shall ensure that each child described by   Subsection (a) is examined by and receives an initial medical   examination and a mental health screening from a physician or other   health care provider authorized under state law to conduct medical   examinations not later than the end of the third business day after   the date the child enters the conservatorship of the department or   not later than the seventh business day after the date the child   enters the conservatorship of the department, if the child is   located in a rural area, as that term is defined by Section 845.002,   Insurance Code.          (c)  The department shall collaborate with the commission   and relevant medical practitioners to develop guidelines for the   medical examination conducted under this section, including   guidelines on the components to be included in the examination.          (d)  Not later than December 31, 2019, the department shall   submit a report to the standing committees of the house of   representatives and the senate with primary jurisdiction over child   protective services and foster care evaluating the statewide   implementation of the medical examination required by this section.     The report must include the level of compliance with the   requirements of this section in each region of the state.  This   subsection expires September 1, 2021.          SECTION 3.  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 nonprofit organizations   and from 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)  use data analysis, social media, partnerships with   faith-based and volunteer organizations, and other strategies for   recruitment, including targeted and child-focused recruitment;                (2)  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;                (3)  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;                (4)  include strategies for increasing the number of   kinship providers;                (5)  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                (6)  include programs to support foster and adoptive   families, including programs that provide training, respite care,   and peer assistance.          SECTION 4.  Subchapter B, Chapter 264, Family Code, is   amended by adding Section 264.1211 to read as follows:          Sec. 264.1211.  CAREER DEVELOPMENT AND EDUCATION PROGRAM.   The department shall collaborate with foster care youth and local   workforce development boards, foster care transition centers,   community and technical colleges, schools, and any other   appropriate workforce industry resource to create a program that:                (1)  assists foster care youth and former foster care   youth in obtaining:                      (A)  a high school diploma or a high school   equivalency certificate; and                      (B)  industry certifications necessary for high   demand occupations;                (2)  provides career guidance to foster care youth and   former foster care youth; and                (3)  informs foster care youth and former foster care   youth about:                      (A)  the tuition and fee waivers for institutions   of higher education that are available under Section 54.366,   Education Code; and                      (B)  available programs that provide housing   assistance, educational assistance, and any other service to assist   foster care youth and former foster care youth with transitioning   to independent living.          SECTION 5.  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 6.  Subchapter B, Chapter 402, Government Code, is   amended by adding Section 402.040 to read as follows:          Sec. 402.040.  CHILD PROTECTIVE SERVICES LIAISON. For each   regional office of the Department of Family and Protective Services   that provides child protective services, the attorney general shall   appoint an employee to serve as a liaison to the department for that   regional office. The department is not required to provide the   liaison with an office in the department's regional office.  The   liaison shall:                (1)  serve as a point of contact for the attorney   general's office to increase communication between the regional   office and the attorney general's office;                (2)  provide assistance to the regional office in   locating absent parents of children in the managing conservatorship   of the department; and                (3)  provide to the regional office information in the   attorney general's child support database that will enable the   regional office to locate absent parents of children in the   managing conservatorship of the department.          SECTION 7.  Sections 531.055(a), (b), and (e), Government   Code, are amended to read as follows:          (a)  The Health and Human Services Commission, the   Department of Family and Protective Services, the Department of   State Health Services, the Texas Education Agency [Each health and   human services agency], the Texas Correctional Office on Offenders   with Medical or Mental Impairments, the Texas Department of   Criminal Justice, the Texas Department of Housing and Community   Affairs, the Texas Workforce Commission, and the Texas Juvenile   Justice Department shall enter into a joint memorandum of   understanding to promote a system of local-level interagency   staffing groups to identify and coordinate services for persons   needing multiagency services.  The division within the Health and   Human Services Commission that coordinates the policy and delivery   of mental health services shall oversee the development and   implementation of the joint memorandum of understanding.          (b)  The memorandum must:                (1)  clarify the statutory responsibilities of each   agency in relation to persons needing multiagency services,   including subcategories for different services such as:                      (A)  [prevention,] family preservation and   strengthening;                      (B)  physical and behavioral health care;                      (C)  prevention and early intervention services,   including services designed to prevent:                            (i)  child abuse;                            (ii)  neglect; or                            (iii)  delinquency, truancy, or school   dropout;                      (D)  diversion from juvenile or criminal justice   involvement;                      (E)  housing;                      (F)  [,] aging in place;                      (G)  [,] emergency shelter;                      (H)  [, diagnosis and evaluation,] residential   care;                      (I)  [,] after-care;                      (J)  [,] information and referral;[, medical   care,] and                      (K)  investigation services;                (2)  include a functional definition of "persons   needing multiagency services";                (3)  outline membership, officers, and necessary   standing committees of local-level interagency staffing groups;                (4)  define procedures aimed at eliminating   duplication of services relating to assessment and diagnosis,   treatment, residential placement and care, and case management of   persons needing multiagency services;                (5)  define procedures for addressing disputes between   the agencies that relate to the agencies' areas of service   responsibilities;                (6)  provide that each local-level interagency   staffing group includes:                      (A)  a local representative of each agency;                      (B)  representatives of local private sector   agencies; and                      (C)  family members or caregivers of persons   needing multiagency services or other current or previous consumers   of multiagency services acting as general consumer advocates;                (7)  provide that the local representative of each   agency has authority to contribute agency resources to solving   problems identified by the local-level interagency staffing group;                (8)  provide that if a person's needs exceed the   resources of an agency, the agency may, with the consent of the   person's legal guardian, if applicable, submit a referral on behalf   of the person to the local-level interagency staffing group for   consideration;                (9)  provide that a local-level interagency staffing   group may be called together by a representative of any member   agency;                (10)  provide that an agency representative may be   excused from attending a meeting if the staffing group determines   that the age or needs of the person to be considered are clearly not   within the agency's service responsibilities, provided that each   agency representative is encouraged to attend all meetings to   contribute to the collective ability of the staffing group to solve   a person's need for multiagency services;                (11)  define the relationship between state-level   interagency staffing groups and local-level interagency staffing   groups in a manner that defines, supports, and maintains local   autonomy;                (12)  provide that records that are used or developed   by a local-level interagency staffing group or its members that   relate to a particular person are confidential and may not be   released to any other person or agency except as provided by this   section or by other law; and                (13)  provide a procedure that permits the agencies to   share confidential information while preserving the confidential   nature of the information.          (e)  The agencies shall ensure that a state-level   interagency staffing group provides:                (1)  information and guidance to local-level   interagency staffing groups regarding:                      (A)  the availability of programs and resources in   the community; and                      (B)  best practices for addressing the needs of   persons with complex needs; and                (2)  a biennial report to the administrative head of   each agency, the legislature, and the governor that includes:                      (A) [(1)]  the number of persons served through   the local-level interagency staffing groups and the outcomes of the   services provided;                      (B) [(2)]  a description of any barriers   identified to the state's ability to provide effective services to   persons needing multiagency services; and                      (C) [(3)]  any other information relevant to   improving the delivery of services to persons needing multiagency   services.          SECTION 8.  Section 552.117(a), Government Code, is amended   to read as follows:          (a)  Information is excepted from the requirements of   Section 552.021 if it is information that relates to the home   address, home telephone number, emergency contact information, or   social security number of the following person or that reveals   whether the person has family members:                (1)  a current or former official or employee of a   governmental body, except as otherwise provided by Section 552.024;                (2)  a peace officer as defined by Article 2.12, Code of   Criminal Procedure, or a security officer commissioned under   Section 51.212, Education Code, regardless of whether the officer   complies with Section 552.024 or 552.1175, as applicable;                (3)  a current or former employee of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department, regardless of   whether the current or former employee complies with Section   552.1175;                (4)  a peace officer as defined by Article 2.12, Code of   Criminal Procedure, or other law, a reserve law enforcement   officer, a commissioned deputy game warden, or a corrections   officer in a municipal, county, or state penal institution in this   state who was killed in the line of duty, regardless of whether the   deceased complied with Section 552.024 or 552.1175;                (5)  a commissioned security officer as defined by   Section 1702.002, Occupations Code, regardless of whether the   officer complies with Section 552.024 or 552.1175, as applicable;                (6)  an officer or employee of a community supervision   and corrections department established under Chapter 76 who   performs a duty described by Section 76.004(b), regardless of   whether the officer or employee complies with Section 552.024 or   552.1175;                (7)  a current or former employee of the office of the   attorney general who is or was assigned to a division of that office   the duties of which involve law enforcement, regardless of whether   the current or former employee complies with Section 552.024 or   552.1175;                (8)  a current or former employee of the Texas Juvenile   Justice Department or of the predecessors in function of the   department, regardless of whether the current or former employee   complies with Section 552.024 or 552.1175;                (9)  a current or former juvenile probation or   supervision officer certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code, regardless of whether the   current or former officer complies with Section 552.024 or   552.1175;                (10)  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code, regardless of whether the current or former   employee complies with Section 552.024 or 552.1175; [or]                (11)  a current or former member of the Texas military   forces, as that term is defined by Section 437.001; or                (12)  a current or former employee of the Department of   Family and Protective Services, regardless of whether the employee   complies with Section 552.024 or 552.1175, or a current or former   employee of a department contractor performing services for the   contractor on behalf of the department.          SECTION 9.  The heading to Section 552.1175, Government   Code, is amended to read as follows:          Sec. 552.1175.  EXCEPTION: CONFIDENTIALITY OF CERTAIN   PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER   OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY   JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR   JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND STATE   JUDGES].          SECTION 10.  Section 552.1175(a), Government Code, is   amended to read as follows:          (a)  This section applies only to:                (1)  peace officers as defined by Article 2.12, Code of   Criminal Procedure;                (2)  county jailers as defined by Section 1701.001,   Occupations Code;                (3)  current or former employees of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department;                (4)  commissioned security officers as defined by   Section 1702.002, Occupations Code;                (5)  employees of a district attorney, criminal   district attorney, or county or municipal attorney whose   jurisdiction includes any criminal law or child protective services   matters;                (6)  officers and employees of a community supervision   and corrections department established under Chapter 76 who perform   a duty described by Section 76.004(b);                (7)  criminal investigators of the United States as   described by Article 2.122(a), Code of Criminal Procedure;                (8)  police officers and inspectors of the United   States Federal Protective Service;                (9)  current and former employees of the office of the   attorney general who are or were assigned to a division of that   office the duties of which involve law enforcement;                (10)  current or former juvenile probation and   detention officers certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code;                (11)  current or former employees of a juvenile justice   program or facility, as those terms are defined by Section 261.405,   Family Code;                (12)  current or former employees of the Texas Juvenile   Justice Department or the predecessors in function of the   department; [and]                (13)  federal judges and state judges as defined by   Section 13.0021, Election Code; and                (14)  a current or former employee of the Department of   Family and Protective Services or a current or former employee of a   department contractor performing services for the contractor on   behalf of the department.          SECTION 11.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Sections 40.0327, 40.0328, and 40.036 to read   as follows:          Sec. 40.0327.  NONPROFIT AGENCY SERVICES COORDINATOR. The   department shall designate an office as the nonprofit agency   services coordinator to serve as a liaison between the department   and nonprofit agencies that provide adoption services and   assistance to families in crisis and children in care.          Sec. 40.0328.  CASEWORKER CASELOAD MANAGEMENT SYSTEM. (a)     The department shall manage the duties of caseworkers to maintain   the safety of children in child protective services by establishing   a caseload management system that:                (1)  assesses the current and potential risk of harm   from abuse or neglect to each child in the department's care;                (2)  determines the appropriate number of cases to be   assigned to a caseworker based on the risk assessment described by   Subdivision (1) for the children assigned to the caseworker; and                (3)  limits the number of children with a higher risk   assessment that may be assigned to any one caseworker.          (b)  The department shall:                (1)  make risk assessment guidelines available to the   public and accessible on the department's Internet website; and                (2)  disclose the results of the assessment for a child   to the court and each party to the case before the date the full   adversary hearing is held under Section 262.201, Family Code.          (c)  Information relating to the assessment performed under   this section is inadmissible as evidence in a court.          Sec. 40.036.  TRAUMA-BASED CARE TRAINING REQUIREMENT FOR   CASEWORKERS. The department shall ensure that each child   protective services caseworker who interacts with children on a   daily basis receives evidence-based training in trauma-based care.          SECTION 12.  Subchapter C, Chapter 40, Human Resources Code,   is amended by adding Section 40.0523 to read as follows:          Sec. 40.0523.  RESOURCES FOR CHILD PROTECTIVE SERVICES   CASES. The department shall collaborate with the Office of Court   Administration of the Texas Judicial System, the Supreme Court of   Texas Children's Commission, and any other appropriate interested   parties to compile and publish on the department's Internet website   resources, including links to other websites, for judges,   attorneys, and other persons involved in the child welfare system   to support consistent practices statewide.          SECTION 13.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0533 to read as follows:          Sec. 42.0533.  EMERGENCY PLACEMENT. The department, in   consultation with affected providers and other interested parties,   shall evaluate the need for and develop any necessary protocols and   any associated best practice standards for the temporary placement   of a child for not more than 30 days in a foster home, foster group   home, agency foster home, agency foster group home, or cottage home   to allow the child to remain in the child's community while the   department secures a safe and suitable long-term placement for the   child.          SECTION 14.  Section 25.025(a), Tax Code, is amended to read   as follows:          (a)  This section applies only to:                (1)  a current or former peace officer as defined by   Article 2.12, Code of Criminal Procedure;                (2)  a county jailer as defined by Section 1701.001,   Occupations Code;                (3)  an employee of the Texas Department of Criminal   Justice;                (4)  a commissioned security officer as defined by   Section 1702.002, Occupations Code;                (5)  a victim of family violence as defined by Section   71.004, Family Code, if as a result of the act of family violence   against the victim, the actor is convicted of a felony or a Class A   misdemeanor;                (6)  a federal judge, a state judge, or the spouse of a   federal judge or state judge;                (7)  a current or former employee of a district   attorney, criminal district attorney, or county or municipal   attorney whose jurisdiction includes any criminal law or child   protective services matters;                (8)  an officer or employee of a community supervision   and corrections department established under Chapter 76,   Government Code, who performs a duty described by Section 76.004(b)   of that code;                (9)  a criminal investigator of the United States as   described by Article 2.122(a), Code of Criminal Procedure;                (10)  a police officer or inspector of the United   States Federal Protective Service;                (11)  a current or former United States attorney or   assistant United States attorney and the spouse and child of the   attorney;                (12)  a current or former employee of the office of the   attorney general who is or was assigned to a division of that office   the duties of which involve law enforcement;                (13)  a medical examiner or person who performs   forensic analysis or testing who is employed by this state or one or   more political subdivisions of this state;                (14)  a current or former member of the United States   armed forces who has served in an area that the president of the   United States by executive order designates for purposes of 26   U.S.C. Section 112 as an area in which armed forces of the United   States are or have engaged in combat;                (15)  a current or former employee of the Texas   Juvenile Justice Department or of the predecessors in function of   the department;                (16)  a current or former juvenile probation or   supervision officer certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code; [and]                (17)  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code; and                (18)  a current or former employee of the Department of   Family and Protective Services or a current or former employee of a   department contractor performing services for the contractor on   behalf of the department.          SECTION 15.  (a)  The changes in law made by this Act apply to   a suit affecting the parent-child relationship filed on or after   the effective date of this Act. A suit affecting the parent-child   relationship filed before the effective date of this Act is   governed by the law in effect on the date the suit was filed, and the   former law is continued in effect for that purpose.          (b)  Section 264.1076, Family Code, as added by this Act,   applies only to a child who enters the conservatorship of the   Department of Family and Protective Services on or after the   effective date of this Act.  A child who enters the conservatorship   of the Department of Family and Protective Services before the   effective date of this Act is governed by the law in effect on the   date the child entered the conservatorship of the department, and   the former law is continued in effect for that purpose.          (c)  The Department of Family and Protective Services shall   implement Section 264.1076, Family Code, as added by this Act, not   later than December 31, 2018.          (d)  As soon as practicable after the effective date of this   Act, but not later than December 1, 2017, the Health and Human   Services Commission, the Department of Family and Protective   Services, the Department of State Health Services, the Texas   Education Agency, the Texas Correctional Office on Offenders with   Medical or Mental Impairments, the Texas Department of Criminal   Justice, the Texas Department of Housing and Community Affairs, the   Texas Workforce Commission, and the Texas Juvenile Justice   Department shall update the joint memorandum of understanding   required under Section 531.055, Government Code, as amended by this   Act.          (e)  The changes in law made by this Act to Sections 552.117   and 552.1175, Government Code, and Section 25.025, Tax Code, apply   only to a request for information that is received by a governmental   body or an officer on or after the effective date of this Act. A   request for information that was received before the effective date   of this Act is governed by the law in effect on the date the request   was received, and the former law is continued in effect for that   purpose.          (f)  As soon as practicable after the effective date of this   Act, the Department of Family and Protective Services shall   establish and implement the caseload management system as required   under Section 40.0328, Human Resources Code, as added by this Act.          SECTION 16.  This Act takes effect September 1, 2017.