By: Nelson, Uresti S.B. No. 434
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a task force to address the
relationship between domestic violence and child abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. TASK FORCE TO ADDRESS THE RELATIONSHIP BETWEEN
DOMESTIC VIOLENCE AND CHILD ABUSE AND NEGLECT
Sec. 531.951. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Task force" means the Task Force to Address the
Relationship Between Domestic Violence and Child Abuse and Neglect.
Sec. 531.952. ESTABLISHMENT OF TASK FORCE; COMPOSITION.
(a) The task force is established to examine the relationship
between family violence and child abuse and neglect, develop policy
recommendations, if needed, to address issues and effects resulting
from that relationship, and develop comprehensive statewide best
practices guidelines for both child protective services and family
violence shelter centers.
(b) The task force is composed of:
(1) one member from the commission's Family Violence
Program, appointed by the executive commissioner; and
(2) at least 17 members appointed by the presiding
officer of the task force as follows:
(A) one member from the department;
(B) one member from a statewide family violence
advocacy organization;
(C) one member from a statewide sexual assault
advocacy organization;
(D) one member from a statewide advocacy
organization that serves abused and neglected children in the
foster care system;
(E) one member from a statewide child abuse
advocacy organization;
(F) one member from a statewide organization with
expertise in the establishment and operation of a children's
advocacy center program;
(G) one member who is a mental health
professional with experience working with clients affected by child
abuse and domestic violence;
(H) one member who is a judge with experience
working with cases involving child protective services;
(I) one member from The University of Texas
School of Law domestic violence clinic;
(J) one member from The University of Texas
School of Law children's rights clinic;
(K) one member from each of four different family
violence centers as defined by Section 51.002, Human Resources
Code, reflecting the geographic diversity of the state;
(L) one member from a legal assistance
organization involved with child protection and family violence
issues;
(M) one member from the law enforcement
community;
(N) one member who is a licensed physician who
specializes in child abuse pediatrics; and
(O) any other member that the presiding officer
determines to be appropriate.
Sec. 531.953. VACANCY. A vacancy on the task force shall be
filled in the same manner as the original appointment.
Sec. 531.954. PRESIDING OFFICER. The member representing
the commission's Family Violence Program serves as the presiding
officer of the task force.
Sec. 531.955. MEETINGS. The task force shall meet at the
call of the presiding officer.
Sec. 531.956. COMPENSATION; REIMBURSEMENT. Members of the
task force serve without compensation or reimbursement for
expenses.
Sec. 531.957. DUTIES. (a) The task force shall:
(1) receive reports and testimony from individuals,
state and local agencies, community-based organizations, and other
public and private organizations, including:
(A) adult survivors of family violence that have
been impacted by child protective services investigations; and
(B) young adults who as children were impacted by
both family violence and child protective services intervention;
and
(2) develop policy recommendations for addressing the
relationship between family violence and child abuse and neglect
and develop comprehensive statewide best practices guidelines for
both child protective services and family violence shelter centers.
(b) In developing policy recommendations and best practices
guidelines under Subsection (a)(2), the task force shall:
(1) examine the findings and recommendations of the
National Council of Juvenile and Family Court Judges Family
Violence Department's report "Effective Intervention in Domestic
Violence & Child Maltreatment Cases: Guidelines for Policy and
Practice"; and
(2) examine the key concepts regarding child safety
plans and decision making found in the 2009 edition of the American
Bar Association's "Child Safety: A Guide for Judges and
Attorneys."
(c) The task force shall prepare a report that includes:
(1) a description of the activities of the task force;
(2) the findings and recommendations of the task
force, including the proposed policy recommendations and
guidelines required by Subsection (a)(2); and
(3) any legislation or other matter that the task
force considers appropriate.
(d) Not later than September 1, 2012, the task force shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the appropriate committees of the
senate and the house of representatives the report required by
Subsection (c).
Sec. 531.958. ADMINISTRATIVE SUPPORT. The commission shall
provide reasonably necessary administrative and technical support
for task force activities.
Sec. 531.959. RULEMAKING ASSISTANCE. The department shall
seek the assistance of the task force if the department proposes to
adopt or amend a rule as the result of the work done by the task
force.
Sec. 531.960. APPLICABILITY OF ADVISORY COMMITTEE LAW.
Chapter 2110 does not apply to the task force.
Sec. 531.961. ABOLITION OF TASK FORCE; EXPIRATION OF
SUBCHAPTER. The task force is abolished and this subchapter
expires September 1, 2013.
SECTION 2. As soon as practicable after the effective date
of this Act, the appropriate persons shall appoint the members of
the Task Force to Address the Relationship Between Domestic
Violence and Child Abuse and Neglect created by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.