By: Coleman H.B. No. 4041       A BILL TO BE ENTITLED   AN ACT   relating to establishing family drug courts in counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  FINDINGS. The House Committee on County Affairs   held several hearings across Texas in 2016 where the Committee   heard testimony from many CPS stakeholders around Texas. The   Committee found that substance abuse is a major factor in the   removal of many children from their homes by CPS. The Committee   found that substance abuse by a parent was a factor in nearly two   thirds of removals. To properly address the CPS crisis in Texas the   Legislature needs to address the root causes of child removals,   such as substance abuse. The Committee also found that family drug   courts such as the Parenting in Recovery/Family Drug Treatment   program in Travis County has contributed successfully in reducing   the number of children needing to be removed from their homes by   CPS. Family drug courts are able to do this by working with the   parents to help treat their substance abuse and improve their   parenting skills, all while the children remain in the home.          SECTION 2.  Chapter 122, Government Code, is amended by   adding Section 122.005 and 122.0051 to read as follows:          Sec. 122.005.  FAMILY DRUG COURT STUDY. (a) Not later than   September 1, 2018, the commissioners court of each county that has   not established a family drug court program shall study the effect   the creation of a family drug court would have in the county. The   sheriff and, as applicable, the county attorney, district attorney,   or criminal district attorney shall assist in conducting the study.   Input from the following persons located in the county as   applicable shall be requested: judges, CPS caseworkers and   supervisors, attorney ad litems, guardian ad litems, treatment   providers, child/family therapists, treatment providers, peer   recovery coach providers, domestic violence advocates, housing   partners, drug court coordinators, drug court services managers,   drug court case managers. The study must analyze the effectiveness   of:                (1)  creating a court that specializes in cases in   which a parent or person standing in parental relation suffers from   drug addiction; and                (2)  case management used by a family drug court   program, including the involvement of Department of Family and   Protective Services caseworkers, court-appointed case managers,   and court-appointed special advocates, to rehabilitate a parent or   person standing in parental relation who has had a child removed   from the parent's or person's care by the department, or under   investigation to determine if a child should be removed from the   parent's or person's care by the department.          (b)  This section expires January 1, 2019.          Sec. 122.0051.  GRANT FUNDING FOR FAMILY DRUG COURTS. (a)     The county family drug court fund is a dedicated account in the   general revenue fund.          (b)  The county family drug court fund consists of:                (1)  appropriations of money to the fund by the   legislature; and                (2)  gifts, grants, including grants from the federal   government, and other donations received for the fund.          (c)  The Health and Human Service Commission may provide   counties who submit their study conducted under subsection 122.005   for consideration with funds to set up and administer a family drug   court in their          SECTION 3.  The Health and Human Services Commission shall   adopt rules regarding the criteria for awarding grants described   under subsection 122.0051 by January 1, 2018.          SECTION 4.  This Act takes effect September 1, 2017.