By: Nelson S.B. No. 218
(In the Senate - Filed November 18, 2010; January 31, 2011,
read first time and referred to Committee on Jurisprudence;
April 11, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 11, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 218 By: Rodriguez
A BILL TO BE ENTITLED
AN ACT
relating to procedures in certain suits affecting the parent-child
relationship and the operation of the child protective services and
foster care systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3013 to read as follows:
Sec. 261.3013. CASE CLOSURE AGREEMENTS PROHIBITED.
(a) Except as provided by Subsection (b), on closing a case, the
department may not enter into a written agreement with a child's
parent or another adult with whom the child resides that requires
the parent or other adult to take certain actions after the case is
closed to ensure the child's safety.
(b) This section does not apply to an agreement that is
entered into by a parent or other adult:
(1) following the removal of a child and that is
subject to the approval of a court with continuing jurisdiction
over the child;
(2) as a result of the person's participation in family
group conferencing; or
(3) as part of a formal case closure plan agreed to by
the person who will continue to care for a child as a result of a
parental child safety placement.
(c) The department shall develop policies to guide
caseworkers in the development of case closure agreements
authorized under Subsections (b)(2) and (3).
SECTION 2. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.010 to read as follows:
Sec. 262.010. CHILD WITH SEXUALLY TRANSMITTED DISEASE.
(a) If during an investigation by the Department of Family and
Protective Services the department discovers that a child younger
than 11 years of age has a sexually transmitted disease, the
department shall:
(1) appoint a special investigator to assist in the
investigation of the case; and
(2) file an original suit requesting an emergency
order under this chapter for possession of the child unless the
department determines, after taking the following actions, that
removing the child from the child's home is not necessary for the
protection of the child:
(A) reviewing the medical evidence to determine
whether the medical evidence supports a finding that abuse likely
occurred;
(B) interviewing the child and other persons
residing in the child's home;
(C) conferring with law enforcement;
(D) determining whether any other child in the
home has a sexually transmitted disease and, if so, referring the
child for a sexual abuse examination;
(E) ensuring that each child alleged to have been
abused undergoes a forensic interview by a children's advocacy
center established under Section 264.402 or another professional
with specialized training in conducting forensic interviews if a
children's advocacy center is not available in the county in which
the child resides;
(F) consulting with a department staff nurse or
other medical expert to obtain additional information regarding the
nature of the sexually transmitted disease and the ways the disease
is transmitted and an opinion as to whether abuse occurred based on
the facts of the case;
(G) contacting any additional witness who may
have information relevant to the investigation, including other
individuals who had access to the child; and
(H) if the department determines after taking the
actions described by Paragraphs (A)-(G) that a finding of sexual
abuse is not supported, obtaining an opinion from the Forensic
Assessment Center Network as to whether the evidence in the case
supports a finding that abuse likely occurred.
(b) If the department determines that abuse likely
occurred, the department shall work with law enforcement to obtain
a search warrant to require an individual the department reasonably
believes may have sexually abused the child to undergo medically
appropriate diagnostic testing for sexually transmitted diseases.
SECTION 3. Section 262.1015, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), if the Department of
Family and Protective Services determines that a protective order
issued under Title 4 provides a reasonable alternative to obtaining
an order under that subsection, the department may:
(1) file an application for a protective order on
behalf of the child instead of or in addition to obtaining a
temporary restraining order under this section; or
(2) assist a parent or other adult with whom a child
resides in obtaining a protective order.
SECTION 4. Subsection (a), Section 264.118, Family Code, is
amended to read as follows:
(a) The department shall collect and report service and
outcome information for certain current and former foster care
youth for use in the National Youth in Transition Database as
required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80
et seq [conduct an annual random survey of a sample of children from
each region of the state who are at least 14 years of age and who
receive substitute care services. The survey must include
questions regarding:
[(1) the quality of the substitute care services
provided to the child;
[(2) any improvements that could be made to better
support the child; and
[(3) any other factor that the department considers
relevant to enable the department to identify potential program
enhancements].
SECTION 5. Subdivision (3), Subsection (a), Section
411.114, Government Code, is amended to read as follows:
(3) The Department of Family and Protective [and
Regulatory] Services is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who is:
(A) a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers/Big Sisters of
America;
(B) a volunteer or applicant volunteer with the
"I Have a Dream/Houston" program;
(C) a volunteer or applicant volunteer with an
organization that provides court-appointed special advocates for
abused or neglected children;
(D) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected;
(E) a volunteer or applicant volunteer with a
Texas chapter of the Make-a-Wish Foundation of America;
(F) a person providing, at the request of the
child's parent, in-home care for a child only if the person gives
written consent to the release and disclosure of the information;
(G) a child who is related to the caretaker, as
determined under Section 42.002, Human Resources Code, and who
resides in or is present in a child-care facility, family home, or
maternity home, other than a child described by Subdivision (2)(C),
or any other person who has unsupervised access to a child in the
care of a child-care facility, family home, or maternity home;
(H) an applicant for a position with the
Department of Family and Protective [and Regulatory] Services,
other than a position described by Subdivision (2)(D), regardless
of the duties of the position;
(I) a volunteer or applicant volunteer with the
Department of Family and Protective [and Regulatory] Services,
other than a registered volunteer, regardless of the duties to be
performed;
(J) a person providing or applying to provide
in-home, adoptive, or foster care for children to the extent
necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a Department of Family and Protective [and
Regulatory] Services employee, other than an employee described by
Subdivision (2)(H), regardless of the duties of the employee's
position;
(L) a relative of a child in the care of the
Department of Family and Protective [and Regulatory] Services, to
the extent necessary to comply with Section 162.007, Family Code;
(M) a person, other than the subject of a report
described in Subdivision (2)(I), living in the residence in which
the alleged victim of the report resides;
(N) a contractor or an employee of a contractor
who delivers services to a ward of the Department of Family and
Protective [and Regulatory] Services under a contract with the
estate of the ward;
(O) a person who seeks unsupervised visits with a
ward of the Department of Family and Protective [and Regulatory]
Services, including a relative of the ward; [or]
(P) an employee, volunteer, or applicant
volunteer of a children's advocacy center under Subchapter E,
Chapter 264, Family Code, including a member of the governing board
of a center;
(Q) an employee of or volunteer at, or an
applicant for employment with or to be a volunteer at, an entity
that provides supervised independent living services to a young
adult receiving extended foster care services from the Department
of Family and Protective Services; or
(R) a person 14 years of age or older who will be
regularly or frequently working or staying in a host home that is
providing supervised independent living services to a young adult
receiving extended foster care services from the Department of
Family and Protective Services.
SECTION 6. Section 40.036, Human Resources Code, is amended
to read as follows:
Sec. 40.036. ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES
CASEWORKERS. To improve the quality and consistency of training
provided to child protective services caseworkers, the department
shall:
(1) augment classroom-based training with a blended
learning environment using computer-based modules, structured
field experience, and simulation for skills development;
(2) use a core curriculum for all new department
caseworkers and specialized training for specific jobs;
(3) require that department caseworkers transferring
from one specialty to another must complete the core curriculum and
advanced training for the new specialty before assuming their new
responsibilities; [and]
(4) centralize accountability and oversight of all
department training in order to ensure statewide consistency; and
(5) require department caseworkers to receive
training relating to the benefits of using a protective order under
Title 4, Family Code, to protect a child as an alternative to
removing the child from the child's home.
SECTION 7. Subchapter I, Chapter 521, Transportation Code,
is amended by adding Section 521.1811 to read as follows:
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CARE YOUTH. A
person is exempt from the payment of any fee for the issuance of a
driver's license, as provided under this chapter, if that person
is:
(1) younger than 18 years of age and in the managing
conservatorship of the Department of Family and Protective
Services; or
(2) at least 18 years of age, but younger than 21 years
of age, and resides in a foster care placement, the cost of which is
paid by the Department of Family and Protective Services.
SECTION 8. (a) The Department of Family and Protective
Services shall implement a redesign of the foster care system in
accordance with the recommendations contained in the department's
December 2010 Foster Care Redesign report submitted to the
legislature.
(b) The redesign of the foster care system shall be
implemented with the understanding that the individual needs of a
child are paramount and that not all indicators are appropriate for
every child and shall include as goals for the redesign a system
that ensures:
(1) children are safe in their placements;
(2) children are placed in their home communities;
(3) children are appropriately served in the least
restrictive environment that supports minimal moves for the child;
(4) connections to family and other persons important
to the child are maintained;
(5) children are placed with siblings;
(6) services respect the child's culture;
(7) children and youth are fully prepared for
successful adulthood through being provided opportunities,
experiences, and activities similar to those experienced by
children and youth who are not in foster care; and
(8) children and youth are provided opportunities to
participate in decisions that impact their lives.
(c) The Health and Human Services Commission may use payment
rates for foster care under the redesigned system that are
different from those used on the effective date of this Act for
24-hour residential child care. Payment rates for foster care
under the redesigned system may include incentive payments for
superior performance, as well as funding for additional services
provided to families historically included in 24-hour residential
child-care rates. Final implementation of the foster care redesign
must include a payment system based on performance targets.
Payment rates under foster care redesign may not result in total
expenditures for any fiscal year during the 2012-2013 fiscal
biennium that exceed the amounts appropriated by the 82nd
Legislature for foster care and other purchased services, except to
the extent that any increase in total foster care expenditures is
the direct result of caseload growth.
SECTION 9. This Act takes effect September 1, 2011.
* * * * *