By: Zaffirini, West S.B. No. 44
(In the Senate - Filed November 12, 2012; January 28, 2013,
read first time and referred to Committee on Health and Human
Services; April 23, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
April 23, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 44 By: Zaffirini
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. 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 mental
illness, as defined by Section 571.003, Health and Safety Code, and
for whom the department is appointed managing conservator because a
person voluntarily relinquished possession of the child solely to
obtain mental health services for the child.
SECTION 2. 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. JOINT MANAGING CONSERVATORSHIP OF CHILD.
Before a person relinquishes possession of a child who suffers from
a serious mental illness in order to obtain mental health services
for the child, the Department of Family and Protective Services
must notify the person relinquishing possession of the child of the
option of seeking a court order for joint managing conservatorship
of the child with the department if that arrangement is in the best
interest of the child.
Sec. 262.352. STUDY TO DEVELOP ALTERNATIVES TO
RELINQUISHMENT OF PARENTAL RIGHTS TO OBTAIN MENTAL HEALTH SERVICES.
(a) The Department of Family and Protective Services and the
Department of State Health Services shall jointly study, develop,
and implement changes necessary to prevent the practice of parents
relinquishing parental rights of children with serious mental
illness and placement in the conservatorship of the Department of
Family and Protective Services solely to obtain mental health
services for the child.
(b) As part of the study under Subsection (a), the
Department of Family and Protective Services 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 of Family and Protective Services 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) Not later than September 30, 2014, the Department of
Family and Protective Services 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 (b). The report must include:
(1) any statutory changes needed to prevent the
relinquishment of parental rights;
(2) each option to prevent relinquishment of parental
rights that was considered during the study;
(3) each option that was selected for implementation;
(4) the implementation status of each option; and
(5) the number of children and families that are
affected by the implementation of each option.
(d) Not later than September 30 of each even-numbered year
after the date the report is filed under Subsection (c), the
Department of Family and Protective Services and the Department of
State Health Services shall update the report.
SECTION 3. 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) develop methods to prevent unnecessary parental
relinquishment of custody of children;
(6) prioritize assisting children in family settings
rather than institutional settings;
(7) make recommendations to the executive
commissioner to eliminate the practice of including in the central
registry of reported cases of child abuse or neglect the name of a
person who relinquishes possession of the person's child to the
state solely for the purpose of obtaining mental health services
for the child;
(8) 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)(7) and implement any changes
necessary to ensure that the central registry of reported cases of
child abuse or neglect does not include the name of a person who
relinquishes possession of the person's child to the state solely
for the purpose of obtaining mental health services for the child.
SECTION 4. This Act takes effect September 1, 2013.
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