By: Van de Putte S.B. No. 1229
A BILL TO BE ENTITLED
AN ACT
relating to creating an advisory committee on child protective
services in the region that includes Bexar County for the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 40, Human Resources Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. BEXAR COUNTY CHILD PROTECTIVE SERVICES ADVISORY
COUNCIL
Sec. 40.121. BEXAR COUNTY CHILD PROTECTIVE SERVICES
ADVISORY COUNCIL. (a) The Bexar County Child Protective Services
Advisory Council shall be an advisory committee to the department
that advises the department on child protective services issues
impacting the region that includes Bexar County. The purpose of the
Council is to support the realization of the department's mission
and goals in the region that includes Bexar County by providing a
regular forum for the discussion and resolution of region-specific
issues, concerns and recommendations.
(b) The Bexar County Child Protective Services Advisory
Council consists of:
(1) the Bexar County Judges Advisory Council; and
(2) the Bexar County Advocates Advisory Council.
Sec. 40.122. BEXAR COUNTY JUDGES ADVISORY COUNCIL.
(a) The Bexar County Judges Advisory Council consists of:
(1) the judge of each court in the county having
jurisdiction over child abuse and neglect cases and proceedings;
(2) the judge with supervisory authority over the
courts in the county having jurisdiction over child abuse and
neglect cases and proceedings;
(3) the department's director for the region that
includes Bexar County;
(4) a person or persons designated by the department
as having responsibility over and expertise regarding each of the
following program areas within the region that includes Bexar
county:
a) contract monitoring;
b) licensing and regulation of child
care operations;
c) investigations;
d) family based safety services; and
e)conservatorship and foster care.
Sec. 40.123. BEXAR COUNTY ADVOCATES ADVISORY COUNCIL.
(a) The Bexar County Advocates Advisory Council consists of seven
members residing in Bexar County who are:
1)a member of the Bexar County Child Welfare Board;
2)actively advocating for foster care youth and child welfare
within the region that includes Bexar County;
3)a foster care alumnus; or
4)a foster care parent.
(b) The presiding officer of the Bexar County Judges
Advisory Council shall appoint the members of the Bexar County
Advocates Advisory Council upon consideration of recommendations
made by advocates for foster care youth and child welfare in the
region that includes Bexar County.
Sec. 40.124. MEETINGS.
(a) The first meeting of the Bexar County Judges Advisory
Council shall be called no later than December 1, 2009 by the judge
with supervisory authority over the courts in the county having
jurisdiction over child abuse and neglect cases and proceedings.
At the first meeting, the Bexar County Judges Advisory Council
members shall elect a presiding officer from its members.
(1) The Bexar County Judges Advisory Council shall:
(a) meet quarterly at the call of the presiding
officer; and
(b) adopt bylaws.
(b) The Bexar County Advocates Advisory Council shall meet
quarterly with the judges on the Bexar County Judges Advisory
Council. The purpose of the quarterly meetings is to provide the
child protective services advocates in the region that includes
Bexar County the opportunity to bring to the attention of the judges
on the Bexar County Judges Advisory Council any concerns, questions
and recommendations the advocates have regarding the department's
policies and procedures that impact foster care youth, foster care
providers or other child protective service providers in the region
that includes Bexar County.
(c) The quarterly meeting between the judges on the Bexar
County Judges Advisory Council and the Bexar County Advocates
Advisory Council must occur not more than 21 days or less than 14
days before the date of the next quarterly meeting of the Bexar
County Judges Advisory Council. The information presented to the
judges at the meeting must be submitted in writing at least 7 days
before the meeting of the Bexar County Judges Advisory Council.
(d) The judges on the Bexar County Judges Advisory Council
shall present their questions, concerns and recommendations in
writing to the other members of the Bexar County Judges Advisory
Council at the Bexar County Judges Advisory Council quarterly
meeting. The questions, concerns and recommendations shall include
those raised by the Bexar County Advocates Advisory Council.
(e) The presiding officer of the Bexar County Judges
Advisory Council shall coordinate and facilitate all quarterly
meetings under this section. The department shall designate a
staff person to serve as a liaison to the Council to assist in
scheduling the quarterly meetings.
(f) The members of the Bexar County Judges Advisory Council
shall attend the quarterly meetings of the Judges Advisory Council.
Judges serving on the Judges Advisory Council shall also attend the
quarterly meetings with the advocates advisory council.
(g) The members of the Bexar County Advocates Advisory
Council shall attend each quarterly meeting of the advocates
advisory council. A member of the Bexar County Advocates Advisory
Council who fails to attend a quarterly meeting of the advocates
advisory council is considered to have resigned the member's
position on the council effective on the date of the meeting unless
the member receives prior approval for the member's absence from
the presiding officer of the Bexar County Judges Advisory Council.
A vacancy created by a resignation under this subsection shall be
filled as provided by Section 40.123.
(h) Both Councils are subject to any confidentiality
requirements imposed by federal or state law.
Sec. 40.125. DEPARTMENT'S DUTIES. The department shall
consider the issues, concerns and recommendations presented to the
department by the Bexar County Judges Advisory Council and respond
to those issues, concerns and recommendations not later than the
30th day after the date the issue, concern or recommendation is
raised in a quarterly meeting of the Council. The department's
written response must include the department's rationale for any
policy or action taken or not taken by the department. Staff of the
department who serve on the Bexar County Judges Advisory Council
shall ensure that the concerns and recommendations of the Council
are communicated to the appropriate staff within the department
with authority to consider these recommendations and determine
whether any change in department policy or practices is warranted
to effectively address these concerns.
SECTION 2. This Act takes effect September 1, 2009.