Texas 2013 - 83rd Regular

Texas Senate Bill SB423 Compare Versions

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Old	New	Differences
1	1	By: Nelson S.B. No. 423
2	2	(Raymond)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the flexible response system for investigations of
8	8	child abuse or neglect reports by the Department of Family and
9	9	Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 261.3015, Family Code, is amended to
12	12	read as follows:
13	13	Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning
14	14	priorities and prescribing investigative procedures based on the
15	15	severity and immediacy of the alleged harm to a child under Section
16	16	261.301(d), the department shall establish a flexible response
17	17	system to allow the department to make the most effective use of
18	18	resources to investigate and respond to reported [by investigating
19	19	serious] cases of abuse and neglect.
20	20	(b) Notwithstanding Section 261.301, the department may, in
21	21	accordance with this section and department rules, conduct an
22	22	alternative response to a report of abuse or neglect if the report
23	23	does not:
24	24	(1) allege sexual abuse of a child;
25	25	(2) allege abuse or neglect that caused the death of a
26	26	child; or
27	27	(3) indicate a risk of serious physical injury or
28	28	immediate serious harm to a child.
29	29	(c) The department may administratively close a reported
30	30	case of abuse or neglect without completing the investigation or
31	31	alternative response and without providing services or making a
32	32	referral to another entity for assistance [and by screening out
33	33	less serious cases of abuse and neglect] if the department
34	34	determines, after contacting a professional or other credible
35	35	source, that the child's safety can be assured without further
36	36	investigation, response, services, or assistance.
37	37	(d) In determining how to classify a reported case of abuse
38	38	or neglect under the flexible response system, the child's safety
39	39	is the primary concern [The department may administratively close
40	40	the less serious cases without providing services or making a
41	41	referral to another entity for assistance.
42	42	[(a-1) For purposes of Subsection (a), a case is considered
43	43	to be a less serious case of abuse or neglect if the circumstances
44	44	of the case do not indicate an immediate risk of abuse or neglect
45	45	that could result in the death of or serious harm to the child who is
46	46	the subject of the case].
47	47	[(b)] The classification [under the flexible response
48	48	system] of a case may be changed as warranted by the circumstances.
49	49	(e) An alternative response to a report of abuse or neglect
50	50	must include:
51	51	(1) a safety assessment of the child who is the subject
52	52	of the report;
53	53	(2) an assessment of the child's family; and
54	54	(3) in collaboration with the child's family,
55	55	identification of any necessary and appropriate service or support
56	56	to reduce the risk of future harm to the child.
57	57	(f) An alternative response to a report of abuse or neglect
58	58	may not include a formal determination of whether the alleged abuse
59	59	or neglect occurred.
60	60	(g) [(c)] The department may implement the alternative
61	61	[flexible] response in one or more of the department's
62	62	administrative regions before implementing the system statewide
63	63	[system by establishing a pilot program in a single department
64	64	service region]. The department shall study the results of the
65	65	system in the regions where the system has been implemented
66	66	[region] in determining the method by which to implement the system
67	67	statewide.
68	68	SECTION 2. Not later than December 1, 2013, the executive
69	69	commissioner of the Health and Human Services Commission shall
70	70	adopt the rules necessary to implement Section 261.3015, Family
71	71	Code, as amended by this Act.
72	72	SECTION 3. This Act takes effect September 1, 2013.