Texas 2013 - 83rd Regular

Texas Senate Bill SB44 Compare Versions

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Old	New	Differences
1	1	83R27372 MCK-D
2	2	By: Zaffirini, et al. S.B. No. 44
3	3	(Burkett)
4	4	Substitute the following for S.B. No. 44: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to maintaining and reporting certain information
10	10	regarding certain child abuse or neglect cases and the provision of
11	11	mental health services for children in those cases.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 261.001, Family Code, is amended by
14	14	adding Subdivision (9) to read as follows:
15	15	(9) "Severe emotional disturbance" means a mental,
16	16	behavioral, or emotional disorder of sufficient duration to result
17	17	in functional impairment that substantially interferes with or
18	18	limits a person's role or ability to function in family, school, or
19	19	community activities.
20	20	SECTION 2. Subsection (b), Section 261.004, Family Code, is
21	21	amended to read as follows:
22	22	(b) The department shall report the following information:
23	23	(1) the number of initial phone calls received by the
24	24	department alleging abuse and neglect;
25	25	(2) the number of children reported to the department
26	26	as having been abused and neglected;
27	27	(3) the number of reports received by the department
28	28	alleging abuse or neglect and assigned by the department for
29	29	investigation;
30	30	(4) of the children to whom Subdivision (2) applies:
31	31	(A) the number for whom the report was
32	32	substantiated;
33	33	(B) the number for whom the report was
34	34	unsubstantiated;
35	35	(C) the number for whom the report was determined
36	36	to be false;
37	37	(D) the number who did not receive services from
38	38	the department under a state or federal program;
39	39	(E) the number who received services, including
40	40	preventative services, from the department under a state or federal
41	41	program; and
42	42	(F) the number who were removed from the child's
43	43	home during the preceding year;
44	44	(5) the number of families in which the child was not
45	45	removed, but the child or family received services from the
46	46	department;
47	47	(6) the number of children who died during the
48	48	preceding year as a result of child abuse or neglect;
49	49	(7) of the children to whom Subdivision (6) applies,
50	50	the number who were in foster care at the time of death;
51	51	(8) the number of child protective services workers
52	52	responsible for report intake, assessment, or investigation;
53	53	(9) the response time by the department with respect
54	54	to conducting an initial investigation of a report of child abuse or
55	55	neglect;
56	56	(10) the response time by the department with respect
57	57	to commencing services to families and children for whom an
58	58	allegation of abuse or neglect has been made;
59	59	(11) the number of children who were returned to their
60	60	families or who received family preservation services and who,
61	61	before the fifth anniversary of the date of return or receipt, were
62	62	the victims of substantiated reports of child abuse or neglect,
63	63	including abuse or neglect resulting in the death of the child;
64	64	(12) the number of cases pursued by the department in
65	65	each stage of the judicial process, including civil and criminal
66	66	proceedings and the results of each proceeding; [and]
67	67	(13) the number of children for whom a person was
68	68	appointed by the court to represent the best interests of the child
69	69	and the average number of out-of-court contacts between the person
70	70	and the child; and
71	71	(14) the number of children who suffer from a severe
72	72	emotional disturbance and for whom the department is appointed
73	73	managing conservator because a person voluntarily relinquished
74	74	custody of the child solely to obtain mental health services for the
75	75	child.
76	76	SECTION 3. Chapter 262, Family Code, is amended by adding
77	77	Subchapter E to read as follows:
78	78	SUBCHAPTER E. RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES
79	79	Sec. 262.351. DEFINITIONS. In this subchapter:
80	80	(1) "Department" means the Department of Family and
81	81	Protective Services.
82	82	(2) "Severe emotional disturbance" has the meaning
83	83	assigned by Section 261.001.
84	84	Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD.
85	85	Before a person relinquishes custody of a child who suffers from a
86	86	severe emotional disturbance in order to obtain mental health
87	87	services for the child, the department must, if it is in the best
88	88	interest of the child, discuss with the person relinquishing
89	89	custody of the child the option of seeking a court order for joint
90	90	managing conservatorship of the child with the department.
91	91	Sec. 262.353. STUDY TO DEVELOP ALTERNATIVES TO
92	92	RELINQUISHMENT OF CUSTODY TO OBTAIN MENTAL HEALTH SERVICES.
93	93	(a) The department and the Department of State Health Services
94	94	shall jointly study and develop recommendations to prevent the
95	95	practice of parents relinquishing custody of children with a severe
96	96	emotional disturbance and placement of children in the
97	97	conservatorship of the department solely to obtain mental health
98	98	services for the child.
99	99	(b) As part of the study under Subsection (a), the
100	100	department and the Department of State Health Services shall
101	101	consider the advantages of providing mental health services using
102	102	temporary residential treatment and intensive community-based
103	103	services options, including:
104	104	(1) joint managing conservatorship of the child by the
105	105	department and the child's parent;
106	106	(2) the Youth Empowerment Services waiver program;
107	107	(3) systems of care services;
108	108	(4) emergency respite services; and
109	109	(5) diversion residential treatment center services.
110	110	(c) The executive commissioner of the Health and Human
111	111	Services Commission shall review the recommendations developed
112	112	under Subsection (a) and may direct the implementation of any
113	113	recommendation that can be implemented with the department's
114	114	current resources.
115	115	(d) Not later than September 30, 2014, the department and
116	116	the Department of State Health Services shall file a report with the
117	117	legislature and the Council on Children and Families on the results
118	118	of the study required by Subsection (a). The report must include:
119	119	(1) each option to prevent relinquishment of parental
120	120	custody that was considered during the study;
121	121	(2) each option recommended for implementation, if
122	122	any;
123	123	(3) each option that is implemented using existing
124	124	resources;
125	125	(4) any policy or statutory change needed to implement
126	126	a recommended option;
127	127	(5) the fiscal impact of implementing each option, if
128	128	any;
129	129	(6) the estimated number of children and families that
130	130	may be affected by the implementation of each option; and
131	131	(7) any other significant information relating to the
132	132	study.
133	133	(e) Not later than September 30 of each even-numbered year
134	134	after the date the initial report is filed under Subsection (d), the
135	135	department and the Department of State Health Services shall update
136	136	the report. The updated report must include the implementation
137	137	status of each recommended option under Subsection (d).
138	138	SECTION 4. Section 531.803, Government Code, is amended by
139	139	amending Subsection (a) and adding Subsection (a-1) to read as
140	140	follows:
141	141	(a) The council shall:
142	142	(1) analyze the biennial legislative appropriations
143	143	requests of members of the council for services provided to
144	144	children and their families and identify appropriations that,
145	145	through the coordination of members of the council, could be
146	146	modified in the next legislative appropriation request to eliminate
147	147	waste or increase available services and, not later than May 1 of
148	148	each even-numbered year, prepare a report recommending those
149	149	modifications for consideration during the development of the next
150	150	biennial legislative appropriations request;
151	151	(2) investigate opportunities to increase flexible
152	152	funding for health, education, and human services provided to
153	153	children and their families;
154	154	(3) identify methods to remove barriers to local
155	155	coordination of health, education, and human services provided to
156	156	children and their families;
157	157	(4) identify methods to ensure that children and youth
158	158	receive appropriate assessment, diagnoses, and intervention
159	159	services;
160	160	(5) identify and develop methods and strategies to
161	161	coordinate and enhance prevention services for children and their
162	162	families;
163	163	(6) develop methods to prevent unnecessary parental
164	164	relinquishment of custody of children and make recommendations to
165	165	the executive commissioner regarding options for improving the
166	166	system for serving families who relinquish, or are at risk of
167	167	relinquishing, custody of a child solely to obtain mental health
168	168	services for the child, after considering whether it would be
169	169	appropriate to serve those families without a finding of abuse or
170	170	neglect or without including the finding of abuse or neglect in the
171	171	central registry of reported cases of child abuse or neglect;
172	172	(7) [(6)] prioritize assisting children in family
173	173	settings rather than institutional settings;
174	174	(8) [(7)] make recommendations about family
175	175	involvement in the provision and planning of health, education, and
176	176	human services for a child, including family partner and liaison
177	177	models; and
178	178	(9) [(8)] identify technological methods to ensure
179	179	the efficient and timely transfer of information among state
180	180	agencies providing health, education, and human services to
181	181	children and their families.
182	182	(a-1) The executive commissioner shall review the council's
183	183	recommendations under Subsection (a)(6) and direct the
184	184	implementation of any policy changes the executive commissioner
185	185	determines necessary that can be implemented using existing
186	186	resources.
187	187	SECTION 5. This Act takes effect September 1, 2013.