82R6052 MCK-F
By: Farias H.B. No. 1099
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 is an advisory committee to the department. The
council shall advise and make recommendations to the department on
any matter relating to the provision of child protective services
in the department region that includes Bexar County, and the
department shall give due consideration to the council's advice and
recommendations. The council shall support the department's
mission and goals in the department 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; and
(4) the following five individuals designated by the
department from the department region that includes Bexar County:
(A) an individual who has responsibility for and
expertise regarding contract monitoring;
(B) an individual who has responsibility for and
expertise regarding licensing and regulation of child-care
facilities;
(C) an individual who has responsibility for and
expertise regarding investigations;
(D) an individual who has responsibility for and
expertise regarding family-based safety services; and
(E) an individual who has responsibility for and
expertise regarding conservatorship and foster care.
(b) The Bexar County Judges Advisory Council shall elect a
presiding officer from its members.
(c) The Bexar County Judges Advisory Council shall adopt
bylaws under which it shall operate.
Sec. 40.123. BEXAR COUNTY ADVOCATES ADVISORY COUNCIL. (a)
The Bexar County Advocates Advisory Council consists of the
following eight members:
(1) a member of the Bexar County Child Welfare Board;
(2) an advocate for foster care youth and child
welfare in the department region that includes Bexar County;
(3) a former foster child;
(4) a foster care provider;
(5) a member of an organization that provides mental
health, developmental disability, and substance abuse services in
Bexar County;
(6) a member of a research and advocacy organization
on children's issues, including abuse and neglect, basic needs,
early care and education, and health care;
(7) a member of an organization that provides a home to
children who have suffered abuse or neglect and counseling for
families in crisis; and
(8) a member of an organization that provides
court-appointed special advocates for abused or neglected
children.
(b) Members of the advocates advisory council must be
residents of or maintain full-time employment in Bexar County.
(c) The presiding officer of the Bexar County Judges
Advisory Council shall appoint the members of the Bexar County
Advocates Advisory Council on consideration of recommendations
made by advocates for foster care youth and child welfare in the
department region that includes Bexar County.
Sec. 40.124. MEETINGS. (a) The Bexar County Judges
Advisory Council shall meet quarterly at the call of the presiding
officer.
(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 department 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 or foster care providers or other child
protective service providers in the department 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.
(d) The Bexar County Advocates Advisory Council must submit
any concerns, questions, and recommendations it presented to the
judges at the meeting described by Subsection (b) in writing not
later than the seventh day before the date of the next quarterly
meeting of the Bexar County Judges Advisory Council.
(e) The judges on the Bexar County Judges Advisory Council
shall present the judges' questions, concerns, and recommendations
and those of the Bexar County Advocates Advisory Council in writing
to the other members of the Bexar County Judges Advisory Council at
the judges advisory council's next quarterly meeting.
(f) 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 the liaison to the Bexar County Child
Protective Services Advisory Council to assist in scheduling the
quarterly meetings.
(g) 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.
(h) 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.
Sec. 40.125. DEPARTMENT'S DUTIES. (a) The department
employees who serve on the Bexar County Judges Advisory Council
shall report the issues, concerns, and recommendations of the
council to the department personnel who have authority to consider
the issues, concerns, and recommendations and determine whether any
change in department policy or practice is necessary to effectively
address those issues, concerns, or recommendations.
(b) 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 its policies and for any action the
department takes or does not take in response to the council's
issues, concerns, and recommendations.
SECTION 2. Not later than December 1, 2011, the judge with
supervisory authority over the courts in Bexar County having
jurisdiction over child abuse and neglect cases and proceedings
shall call the first meeting of the Bexar County Judges Advisory
Council. The Bexar County Judges Advisory Council members shall
elect a presiding officer at the first meeting.
SECTION 3. This Act takes effect September 1, 2011.