Texas 2011 - 82nd Regular

Texas Senate Bill SB434 Compare Versions

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1	1	By: Nelson, Uresti S.B. No. 434
2	2	(Raymond)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a task force to address the
8	8	relationship between domestic violence and child abuse and neglect.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 531, Government Code, is amended by
11	11	adding Subchapter W to read as follows:
12	12	SUBCHAPTER W. TASK FORCE TO ADDRESS THE RELATIONSHIP BETWEEN
13	13	DOMESTIC VIOLENCE AND CHILD ABUSE AND NEGLECT
14	14	Sec. 531.951. DEFINITIONS. In this subchapter:
15	15	(1) "Department" means the Department of Family and
16	16	Protective Services.
17	17	(2) "Task force" means the Task Force to Address the
18	18	Relationship Between Domestic Violence and Child Abuse and Neglect.
19	19	Sec. 531.952. ESTABLISHMENT OF TASK FORCE; COMPOSITION.
20	20	(a) The task force is established to examine the relationship
21	21	between family violence and child abuse and neglect, develop policy
22	22	recommendations, if needed, to address issues and effects resulting
23	23	from that relationship, and develop comprehensive statewide best
24	24	practices guidelines for both child protective services and family
25	25	violence shelter centers.
26	26	(b) The task force is composed of:
27	27	(1) one member from the commission's Family Violence
28	28	Program, appointed by the executive commissioner; and
29	29	(2) at least 17 members appointed by the presiding
30	30	officer of the task force as follows:
31	31	(A) one member from the department;
32	32	(B) one member from a statewide family violence
33	33	advocacy organization;
34	34	(C) one member from a statewide sexual assault
35	35	advocacy organization;
36	36	(D) one member from a statewide advocacy
37	37	organization that serves abused and neglected children in the
38	38	foster care system;
39	39	(E) one member from a statewide child abuse
40	40	advocacy organization;
41	41	(F) one member from a statewide organization with
42	42	expertise in the establishment and operation of a children's
43	43	advocacy center program;
44	44	(G) one member who is a mental health
45	45	professional with experience working with clients affected by child
46	46	abuse and domestic violence;
47	47	(H) one member who is a judge with experience
48	48	working with cases involving child protective services;
49	49	(I) one member from The University of Texas
50	50	School of Law domestic violence clinic;
51	51	(J) one member from The University of Texas
52	52	School of Law children's rights clinic;
53	53	(K) one member from each of four different family
54	54	violence centers as defined by Section 51.002, Human Resources
55	55	Code, reflecting the geographic diversity of the state;
56	56	(L) one member from a legal assistance
57	57	organization involved with child protection and family violence
58	58	issues;
59	59	(M) one member from the law enforcement
60	60	community;
61	61	(N) one member who is a licensed physician who
62	62	specializes in child abuse pediatrics; and
63	63	(O) any other member that the presiding officer
64	64	determines to be appropriate.
65	65	Sec. 531.953. VACANCY. A vacancy on the task force shall be
66	66	filled in the same manner as the original appointment.
67	67	Sec. 531.954. PRESIDING OFFICER. The member representing
68	68	the commission's Family Violence Program serves as the presiding
69	69	officer of the task force.
70	70	Sec. 531.955. MEETINGS. The task force shall meet at the
71	71	call of the presiding officer.
72	72	Sec. 531.956. COMPENSATION; REIMBURSEMENT. Members of the
73	73	task force serve without compensation or reimbursement for
74	74	expenses.
75	75	Sec. 531.957. DUTIES. (a) The task force shall:
76	76	(1) receive reports and testimony from individuals,
77	77	state and local agencies, community-based organizations, and other
78	78	public and private organizations, including:
79	79	(A) adult survivors of family violence that have
80	80	been impacted by child protective services investigations; and
81	81	(B) young adults who as children were impacted by
82	82	both family violence and child protective services intervention;
83	83	and
84	84	(2) develop policy recommendations for addressing the
85	85	relationship between family violence and child abuse and neglect
86	86	and develop comprehensive statewide best practices guidelines for
87	87	both child protective services and family violence shelter centers.
88	88	(b) In developing policy recommendations and best practices
89	89	guidelines under Subsection (a)(2), the task force shall:
90	90	(1) examine the findings and recommendations of the
91	91	National Council of Juvenile and Family Court Judges Family
92	92	Violence Department's report "Effective Intervention in Domestic
93	93	Violence & Child Maltreatment Cases: Guidelines for Policy and
94	94	Practice"; and
95	95	(2) examine the key concepts regarding child safety
96	96	plans and decision making found in the 2009 edition of the American
97	97	Bar Association's "Child Safety: A Guide for Judges and
98	98	Attorneys."
99	99	(c) The task force shall prepare a report that includes:
100	100	(1) a description of the activities of the task force;
101	101	(2) the findings and recommendations of the task
102	102	force, including the proposed policy recommendations and
103	103	guidelines required by Subsection (a)(2); and
104	104	(3) any legislation or other matter that the task
105	105	force considers appropriate.
106	106	(d) Not later than September 1, 2012, the task force shall
107	107	submit to the governor, the lieutenant governor, the speaker of the
108	108	house of representatives, and the appropriate committees of the
109	109	senate and the house of representatives the report required by
110	110	Subsection (c).
111	111	Sec. 531.958. ADMINISTRATIVE SUPPORT. The commission shall
112	112	provide reasonably necessary administrative and technical support
113	113	for task force activities.
114	114	Sec. 531.959. RULEMAKING ASSISTANCE. The department shall
115	115	seek the assistance of the task force if the department proposes to
116	116	adopt or amend a rule as the result of the work done by the task
117	117	force.
118	118	Sec. 531.960. APPLICABILITY OF ADVISORY COMMITTEE LAW.
119	119	Chapter 2110 does not apply to the task force.
120	120	Sec. 531.961. ABOLITION OF TASK FORCE; EXPIRATION OF
121	121	SUBCHAPTER. The task force is abolished and this subchapter
122	122	expires September 1, 2013.
123	123	SECTION 2. As soon as practicable after the effective date
124	124	of this Act, the appropriate persons shall appoint the members of
125	125	the Task Force to Address the Relationship Between Domestic
126	126	Violence and Child Abuse and Neglect created by this Act.
127	127	SECTION 3. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2011.