1 | 1 | | By: Van de Putte S.B. No. 1229 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to creating an advisory committee on child protective |
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7 | 7 | | services in the region that includes Bexar County for the |
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8 | 8 | | Department of Family and Protective Services. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 40, Human Resources Code, is amended by |
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11 | 11 | | adding Subchapter E to read as follows: |
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12 | 12 | | SUBCHAPTER E. BEXAR COUNTY CHILD PROTECTIVE SERVICES ADVISORY |
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13 | 13 | | COUNCIL |
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14 | 14 | | Sec. 40.121. BEXAR COUNTY CHILD PROTECTIVE SERVICES |
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15 | 15 | | ADVISORY COUNCIL. (a) The Bexar County Child Protective Services |
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16 | 16 | | Advisory Council shall be an advisory committee to the department |
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17 | 17 | | that advises the department on child protective services issues |
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18 | 18 | | impacting the region that includes Bexar County. The purpose of the |
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19 | 19 | | Council is to support the realization of the department's mission |
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20 | 20 | | and goals in the region that includes Bexar County by providing a |
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21 | 21 | | regular forum for the discussion and resolution of region-specific |
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22 | 22 | | issues, concerns and recommendations. |
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23 | 23 | | (b) The Bexar County Child Protective Services Advisory |
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24 | 24 | | Council consists of: |
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25 | 25 | | (1) the Bexar County Judges Advisory Council; and |
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26 | 26 | | (2) the Bexar County Advocates Advisory Council. |
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27 | 27 | | Sec. 40.122. BEXAR COUNTY JUDGES ADVISORY COUNCIL. |
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28 | 28 | | (a) The Bexar County Judges Advisory Council consists of: |
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29 | 29 | | (1) the judge of each court in the county having |
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30 | 30 | | jurisdiction over child abuse and neglect cases and proceedings; |
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31 | 31 | | (2) the judge with supervisory authority over the |
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32 | 32 | | courts in the county having jurisdiction over child abuse and |
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33 | 33 | | neglect cases and proceedings; |
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34 | 34 | | (3) the department's director for the region that |
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35 | 35 | | includes Bexar County; |
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36 | 36 | | (4) a person or persons designated by the department |
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37 | 37 | | as having responsibility over and expertise regarding each of the |
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38 | 38 | | following program areas within the region that includes Bexar |
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39 | 39 | | county: |
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40 | 40 | | a) contract monitoring; |
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41 | 41 | | b) licensing and regulation of child |
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42 | 42 | | care operations; |
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43 | 43 | | c) investigations; |
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44 | 44 | | d) family based safety services; and |
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45 | 45 | | e)conservatorship and foster care. |
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46 | 46 | | Sec. 40.123. BEXAR COUNTY ADVOCATES ADVISORY COUNCIL. |
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47 | 47 | | (a) The Bexar County Advocates Advisory Council consists of seven |
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48 | 48 | | members residing in Bexar County who are: |
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49 | 49 | | 1)a member of the Bexar County Child Welfare Board; |
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50 | 50 | | 2)actively advocating for foster care youth and child welfare |
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51 | 51 | | within the region that includes Bexar County; |
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52 | 52 | | 3)a foster care alumnus; or |
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53 | 53 | | 4)a foster care parent. |
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54 | 54 | | (b) The presiding officer of the Bexar County Judges |
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55 | 55 | | Advisory Council shall appoint the members of the Bexar County |
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56 | 56 | | Advocates Advisory Council upon consideration of recommendations |
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57 | 57 | | made by advocates for foster care youth and child welfare in the |
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58 | 58 | | region that includes Bexar County. |
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59 | 59 | | Sec. 40.124. MEETINGS. |
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60 | 60 | | (a) The first meeting of the Bexar County Judges Advisory |
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61 | 61 | | Council shall be called no later than December 1, 2009 by the judge |
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62 | 62 | | with supervisory authority over the courts in the county having |
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63 | 63 | | jurisdiction over child abuse and neglect cases and proceedings. |
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64 | 64 | | At the first meeting, the Bexar County Judges Advisory Council |
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65 | 65 | | members shall elect a presiding officer from its members. |
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66 | 66 | | (1) The Bexar County Judges Advisory Council shall: |
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67 | 67 | | (a) meet quarterly at the call of the presiding |
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68 | 68 | | officer; and |
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69 | 69 | | (b) adopt bylaws. |
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70 | 70 | | (b) The Bexar County Advocates Advisory Council shall meet |
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71 | 71 | | quarterly with the judges on the Bexar County Judges Advisory |
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72 | 72 | | Council. The purpose of the quarterly meetings is to provide the |
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73 | 73 | | child protective services advocates in the region that includes |
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74 | 74 | | Bexar County the opportunity to bring to the attention of the judges |
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75 | 75 | | on the Bexar County Judges Advisory Council any concerns, questions |
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76 | 76 | | and recommendations the advocates have regarding the department's |
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77 | 77 | | policies and procedures that impact foster care youth, foster care |
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78 | 78 | | providers or other child protective service providers in the region |
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79 | 79 | | that includes Bexar County. |
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80 | 80 | | (c) The quarterly meeting between the judges on the Bexar |
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81 | 81 | | County Judges Advisory Council and the Bexar County Advocates |
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82 | 82 | | Advisory Council must occur not more than 21 days or less than 14 |
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83 | 83 | | days before the date of the next quarterly meeting of the Bexar |
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84 | 84 | | County Judges Advisory Council. The information presented to the |
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85 | 85 | | judges at the meeting must be submitted in writing at least 7 days |
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86 | 86 | | before the meeting of the Bexar County Judges Advisory Council. |
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87 | 87 | | (d) The judges on the Bexar County Judges Advisory Council |
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88 | 88 | | shall present their questions, concerns and recommendations in |
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89 | 89 | | writing to the other members of the Bexar County Judges Advisory |
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90 | 90 | | Council at the Bexar County Judges Advisory Council quarterly |
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91 | 91 | | meeting. The questions, concerns and recommendations shall include |
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92 | 92 | | those raised by the Bexar County Advocates Advisory Council. |
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93 | 93 | | (e) The presiding officer of the Bexar County Judges |
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94 | 94 | | Advisory Council shall coordinate and facilitate all quarterly |
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95 | 95 | | meetings under this section. The department shall designate a |
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96 | 96 | | staff person to serve as a liaison to the Council to assist in |
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97 | 97 | | scheduling the quarterly meetings. |
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98 | 98 | | (f) The members of the Bexar County Judges Advisory Council |
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99 | 99 | | shall attend the quarterly meetings of the Judges Advisory Council. |
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100 | 100 | | Judges serving on the Judges Advisory Council shall also attend the |
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101 | 101 | | quarterly meetings with the advocates advisory council. |
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102 | 102 | | (g) The members of the Bexar County Advocates Advisory |
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103 | 103 | | Council shall attend each quarterly meeting of the advocates |
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104 | 104 | | advisory council. A member of the Bexar County Advocates Advisory |
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105 | 105 | | Council who fails to attend a quarterly meeting of the advocates |
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106 | 106 | | advisory council is considered to have resigned the member's |
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107 | 107 | | position on the council effective on the date of the meeting unless |
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108 | 108 | | the member receives prior approval for the member's absence from |
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109 | 109 | | the presiding officer of the Bexar County Judges Advisory Council. |
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110 | 110 | | A vacancy created by a resignation under this subsection shall be |
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111 | 111 | | filled as provided by Section 40.123. |
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112 | 112 | | (h) Both Councils are subject to any confidentiality |
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113 | 113 | | requirements imposed by federal or state law. |
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114 | 114 | | Sec. 40.125. DEPARTMENT'S DUTIES. The department shall |
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115 | 115 | | consider the issues, concerns and recommendations presented to the |
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116 | 116 | | department by the Bexar County Judges Advisory Council and respond |
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117 | 117 | | to those issues, concerns and recommendations not later than the |
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118 | 118 | | 30th day after the date the issue, concern or recommendation is |
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119 | 119 | | raised in a quarterly meeting of the Council. The department's |
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120 | 120 | | written response must include the department's rationale for any |
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121 | 121 | | policy or action taken or not taken by the department. Staff of the |
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122 | 122 | | department who serve on the Bexar County Judges Advisory Council |
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123 | 123 | | shall ensure that the concerns and recommendations of the Council |
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124 | 124 | | are communicated to the appropriate staff within the department |
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125 | 125 | | with authority to consider these recommendations and determine |
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126 | 126 | | whether any change in department policy or practices is warranted |
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127 | 127 | | to effectively address these concerns. |
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128 | 128 | | SECTION 2. This Act takes effect September 1, 2009. |
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