By: Wu 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.  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 may collaborate with 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 the tuition and fee waivers for institutions of higher   education that are available under Section 54.366, Education Code.          SECTION 2.  Chapter 266, Family Code, is amended by adding   Section 266.0031 to read as follows:          Sec. 266.0031.  INITIAL MEDICAL AND PSYCHOLOGICAL   ASSESSMENT; SCHEDULING OF SERVICES. (a) The department shall   conduct an initial medical and psychological assessment of a child   not later than the 14th day after the date the child is removed from   the child's home, or not later than the fifth day after the date of   removal for a child removed from the child's home because of an   immediate risk of abuse or neglect that could have resulted in the   death of or serious harm to the child.          (b)  Following the initial assessments of a child under   Subsection (a), the department may, without court approval,   schedule for the child any preventive treatment, acute medical   service, or therapeutic and rehabilitative care to meet the child's   mental and physical needs. In scheduling a treatment, service, or   care under this subsection, the department shall adhere to the   medical services delivery model developed under Section 266.003.          SECTION 3.  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 child protective services   caseworker or investigator for the Department of Family and   Protective Services, regardless of whether the caseworker or   investigator complies with Section 552.024 or 552.1175, or a   current or former employee of a department contractor performing   child protective services caseworker or investigator functions for   the contractor on behalf of the department.          SECTION 4.  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 5.  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 child protective services   caseworker or investigator for the Department of Family and   Protective Services or a current or former employee of a department   contractor performing child protective services caseworker or   investigator functions for the contractor on behalf of the   department.          SECTION 6.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Sections 40.0327, 40.0328, 40.036, and 40.038   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. 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)  assigns a risk score to each child in the   department's care based on an assessment of the current and   potential risk of harm to the child from abuse or neglect as   provided by Section 40.0529;                (2)  determines the appropriate number of cases to be   assigned to a caseworker based on the risk scores of the children   assigned to the caseworker; and                (3)  proportionally limits the number of children with   higher risk scores that may be assigned to any one caseworker.          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 training in trauma-based care.          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 7.  Subchapter C, Chapter 40, Human Resources Code,   is amended by adding Section 40.0523 to read as follows:          Sec. 40.0523.  BEST PRACTICES GUIDE FOR CHILD PROTECTIVE   SERVICES CASES. (a) The University of Houston, The University of   Texas at Austin, and Texas A&M University in collaboration with   children's advocacy centers shall create a work group to develop a   best practices guide to establish uniform practices in child   protective services cases across this state. In developing the   guide, the work group may use any existing guide created by the   department. The guide must:                (1)  describe the different stages of a child   protective services case, including intake, initial investigation,   assessment of the child and family, case planning, court   proceedings, case management services, and case closure;                (2)  describe the roles and responsibilities of the   persons involved in each stage identified in Subdivision (1); and                (3)  include definitions of commonly used terms,   acronyms, model timelines and procedural flowcharts for the most   common child protective services cases, and a list by area of   services available to children and parents.          (b)  The department shall design the best practices guide to   assist:                (1)  an attorney representing a child in a suit   affecting the parent-child relationship filed by the department;                (2)  an attorney representing a parent in a suit   affecting the parent-child relationship filed by the department;                (3)  a judge presiding over a case described in   Subdivision (1);                (4)  a guardian ad litem representing a child in a case   described by Subdivision (1);                (5)  a child protective services caseworker or   investigator or a court-appointed volunteer advocate;                 (6)  a caregiver or family member associated with the   child's case; and                (7)  any other individual involved in a child   protective services case that the department determines would   benefit from the best practices guide.          (c)  The department shall include in the best practices   guide:                (1)  advice from people experienced in the child   protective services system on best practices in carrying out the   person's particular role in the process; and                (2)  other information the department determines could   benefit a person serving in the child protective services system.          (d)  The department shall update the best practices guide   biannually.          (e)  The department shall make the best practices guide   available on the department's Internet website and may charge a   reasonable fee for a printed copy of the guide.          SECTION 8.  Section 40.0528(d), Human Resources Code, is   amended to read as follows:          (d)  The department shall measure the [In reporting   information relating to] caseloads of child protective services   caseworkers [,] in accordance with standards developed by [addition   to reporting caseload by each individual affected by the case,] the   department. The standards must include:                (1)  the total number of children involved in the case;                (2)  the type of placement for each child involved in   the case;                (3)  the total number of placements for the case;                (4)  the level of care required for each child involved   in the case;                (5)  the level of department intervention and parental   or family services required for the case; and                (6)  the level of caseworker experience required to   appropriately manage the case [shall report the number of cases for   each caseworker on the basis of family unit].          SECTION 9.  Subchapter C, Chapter 40, Human Resources Code,   is amended by adding Section 40.0529 to read as follows:          Sec. 40.0529.  RISK OF HARM ASSESSMENT. (a) The department   shall establish an evidence-based system for assessing the risk of   harm to a child from abuse or neglect for each child who is the   subject of a report of abuse or neglect or of an active child   protective services case. The system shall provide a score for each   case on a scale from 1 for a child at the lowest risk of harm to 10   for a child at the highest risk of harm.          (b)  The department, with assistance from the Bush School of   Government and Public Service at Texas A&M University, the Lyndon   B. Johnson School of Public Affairs at The University of Texas, and   the Graduate College of Social Work at the University of Houston,   shall study child protective services cases to identify factors   that indicate a risk of child abuse or neglect and develop objective   criteria to be used in the risk of harm assessment.          (c)  In assessing the risk of harm to a child from abuse or   neglect, the department shall consider:                (1)  the risk of harm a parent poses to a child who   remains in the child's home, including:                      (A)  the likelihood of the child's death or   serious injury; and                      (B)  the likelihood of serious psychological harm   to the child;                (2)  the potential psychological harm to a child who   remains in the child's home;                (3)  the potential psychological harm to a child who is   removed from the child's home;                (4)  the risk of harm to a child who is returned to the   child's home; and                (5)  the services required to address the child's   needs, including the child's medical and mental health care needs.          (d)  After the department assigns a risk of harm assessment   score to a child's case, the child protective services caseworker   for the child's case may adjust the score by up to one point based on   the caseworker's knowledge and experience with the child.          (e)  The department shall complete a risk of harm assessment   for each child protective services case before a court holds a full   adversary hearing on the case and shall periodically reassess the   risk of harm to the child.          (f)  The department shall use the risk of harm assessment   score when making decisions relating to:                (1)  caseworker assignments;                (2)  parental access to the child; and                (3)  caseload limits for caseworkers.          (g)  The department may only assign an experienced   caseworker to a child protective services case that has been   assigned a high risk of harm assessment score.          (h)  The risk of harm assessment score is inadmissible in   court as evidence.          SECTION 10.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0533 to read as follows:          Sec. 42.0533.  EMERGENCY PLACEMENT. (a) In this section,   "emergency placement" means the temporary placement of a child in a   foster home, foster group home, agency foster home, or agency   foster group home for not more than 30 days.          (b)  The department shall identify all licensed foster homes   and foster group homes or verified agency foster homes and agency   foster group homes that are able to accept the emergency placement   of a child when a safe and suitable long-term placement is not   available. A licensed foster home and foster group home and a   verified agency foster home and agency foster group home shall take   an emergency placement on request of the department or child   placing agency.          (c)  The department shall ensure that a child placed in an   emergency placement continues to attend the school in which the   child was enrolled immediately before the child was removed from   the child's home or another school in that school district if it is   not in the best interest of the child to remain in the same school.          (d)  The department shall:                (1)  develop procedures for the emergency placement of   children; and                (2)  increase the number of foster homes, foster group   homes, agency foster homes, and agency foster group homes that are   able to accept the emergency placement of children.          (e)  The executive commissioner shall adopt rules governing   the reimbursement of a foster home, a foster group home, an agency   foster home, or an agency foster group home that accepts the   emergency placement of a child.          SECTION 11.  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 child protective services   caseworker or investigator for the Department of Family and   Protective Services or a current or former employee of a department   contractor performing child protective services caseworker or   investigator functions for the contractor on behalf of the   department.          SECTION 12.  (a)  Section 266.0031, 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 foster care, and the former law is continued   in effect for that purpose.            (b)  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.          (c)  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.          (d)  Section 42.0529, Human Resources Code, as added by this   Act applies only to a child protective services case initiated on or   after the effective date of this Act. A child protective services   case initiated before that date is governed by the law in effect on   the date the case began, and the former law is continued in effect   for that purpose.          SECTION 13.  This Act takes effect September 1, 2017.