83R27372 MCK-D
By: Zaffirini, et al. S.B. No. 44
(Burkett)
Substitute the following for S.B. No. 44: No.
A BILL TO BE ENTITLED
AN ACT
relating to maintaining and reporting certain information
regarding certain child abuse or neglect cases and the provision of
mental health services for children in those cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.001, Family Code, is amended by
adding Subdivision (9) to read as follows:
(9) "Severe emotional disturbance" means a mental,
behavioral, or emotional disorder of sufficient duration to result
in functional impairment that substantially interferes with or
limits a person's role or ability to function in family, school, or
community activities.
SECTION 2. Subsection (b), Section 261.004, Family Code, is
amended to read as follows:
(b) The department shall report the following information:
(1) the number of initial phone calls received by the
department alleging abuse and neglect;
(2) the number of children reported to the department
as having been abused and neglected;
(3) the number of reports received by the department
alleging abuse or neglect and assigned by the department for
investigation;
(4) of the children to whom Subdivision (2) applies:
(A) the number for whom the report was
substantiated;
(B) the number for whom the report was
unsubstantiated;
(C) the number for whom the report was determined
to be false;
(D) the number who did not receive services from
the department under a state or federal program;
(E) the number who received services, including
preventative services, from the department under a state or federal
program; and
(F) the number who were removed from the child's
home during the preceding year;
(5) the number of families in which the child was not
removed, but the child or family received services from the
department;
(6) the number of children who died during the
preceding year as a result of child abuse or neglect;
(7) of the children to whom Subdivision (6) applies,
the number who were in foster care at the time of death;
(8) the number of child protective services workers
responsible for report intake, assessment, or investigation;
(9) the response time by the department with respect
to conducting an initial investigation of a report of child abuse or
neglect;
(10) the response time by the department with respect
to commencing services to families and children for whom an
allegation of abuse or neglect has been made;
(11) the number of children who were returned to their
families or who received family preservation services and who,
before the fifth anniversary of the date of return or receipt, were
the victims of substantiated reports of child abuse or neglect,
including abuse or neglect resulting in the death of the child;
(12) the number of cases pursued by the department in
each stage of the judicial process, including civil and criminal
proceedings and the results of each proceeding; [and]
(13) the number of children for whom a person was
appointed by the court to represent the best interests of the child
and the average number of out-of-court contacts between the person
and the child; and
(14) the number of children who suffer from a severe
emotional disturbance and for whom the department is appointed
managing conservator because a person voluntarily relinquished
custody of the child solely to obtain mental health services for the
child.
SECTION 3. Chapter 262, Family Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES
Sec. 262.351. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Severe emotional disturbance" has the meaning
assigned by Section 261.001.
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD.
Before a person relinquishes custody of a child who suffers from a
severe emotional disturbance in order to obtain mental health
services for the child, the department must, if it is in the best
interest of the child, discuss with the person relinquishing
custody of the child the option of seeking a court order for joint
managing conservatorship of the child with the department.
Sec. 262.353. STUDY TO DEVELOP ALTERNATIVES TO
RELINQUISHMENT OF CUSTODY TO OBTAIN MENTAL HEALTH SERVICES.
(a) The department and the Department of State Health Services
shall jointly study and develop recommendations to prevent the
practice of parents relinquishing custody of children with a severe
emotional disturbance and placement of children in the
conservatorship of the department solely to obtain mental health
services for the child.
(b) As part of the study under Subsection (a), the
department and the Department of State Health Services shall
consider the advantages of providing mental health services using
temporary residential treatment and intensive community-based
services options, including:
(1) joint managing conservatorship of the child by the
department and the child's parent;
(2) the Youth Empowerment Services waiver program;
(3) systems of care services;
(4) emergency respite services; and
(5) diversion residential treatment center services.
(c) The executive commissioner of the Health and Human
Services Commission shall review the recommendations developed
under Subsection (a) and may direct the implementation of any
recommendation that can be implemented with the department's
current resources.
(d) Not later than September 30, 2014, the department and
the Department of State Health Services shall file a report with the
legislature and the Council on Children and Families on the results
of the study required by Subsection (a). The report must include:
(1) each option to prevent relinquishment of parental
custody that was considered during the study;
(2) each option recommended for implementation, if
any;
(3) each option that is implemented using existing
resources;
(4) any policy or statutory change needed to implement
a recommended option;
(5) the fiscal impact of implementing each option, if
any;
(6) the estimated number of children and families that
may be affected by the implementation of each option; and
(7) any other significant information relating to the
study.
(e) Not later than September 30 of each even-numbered year
after the date the initial report is filed under Subsection (d), the
department and the Department of State Health Services shall update
the report. The updated report must include the implementation
status of each recommended option under Subsection (d).
SECTION 4. Section 531.803, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The council shall:
(1) analyze the biennial legislative appropriations
requests of members of the council for services provided to
children and their families and identify appropriations that,
through the coordination of members of the council, could be
modified in the next legislative appropriation request to eliminate
waste or increase available services and, not later than May 1 of
each even-numbered year, prepare a report recommending those
modifications for consideration during the development of the next
biennial legislative appropriations request;
(2) investigate opportunities to increase flexible
funding for health, education, and human services provided to
children and their families;
(3) identify methods to remove barriers to local
coordination of health, education, and human services provided to
children and their families;
(4) identify methods to ensure that children and youth
receive appropriate assessment, diagnoses, and intervention
services;
(5) identify and develop methods and strategies to
coordinate and enhance prevention services for children and their
families;
(6) develop methods to prevent unnecessary parental
relinquishment of custody of children and make recommendations to
the executive commissioner regarding options for improving the
system for serving families who relinquish, or are at risk of
relinquishing, custody of a child solely to obtain mental health
services for the child, after considering whether it would be
appropriate to serve those families without a finding of abuse or
neglect or without including the finding of abuse or neglect in the
central registry of reported cases of child abuse or neglect;
(7) [(6)] prioritize assisting children in family
settings rather than institutional settings;
(8) [(7)] make recommendations about family
involvement in the provision and planning of health, education, and
human services for a child, including family partner and liaison
models; and
(9) [(8)] identify technological methods to ensure
the efficient and timely transfer of information among state
agencies providing health, education, and human services to
children and their families.
(a-1) The executive commissioner shall review the council's
recommendations under Subsection (a)(6) and direct the
implementation of any policy changes the executive commissioner
determines necessary that can be implemented using existing
resources.
SECTION 5. This Act takes effect September 1, 2013.