By: Rose H.B. No. 3092
A BILL TO BE ENTITLED
AN ACT
relating to developing and maintaining risk assessment criteria for
use by department personnel in determining whether an elderly or
disabled person is in imminent risk of abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 48.004, Human Resources Code, is
amended to read as follows:
Sec. 48.004. RISK ASSESSMENT. (a) The executive
commissioner by rule shall develop and maintain risk assessment
criteria for use by department personnel in determining whether an
elderly or disabled person is in imminent risk of abuse, neglect, or
exploitation or in a state of abuse, neglect, or exploitation and
needs protective services. The criteria must:
(1) provide for a comprehensive assessment of the
person's:
(A) environmental, physical, medical, mental
health, and financial condition;
(B) social interaction and support; and
(C) need for legal intervention; and
(2) specify the circumstances under which a caseworker
must consult with a supervisor regarding a case.
(b) Notwithstanding section 48.002(a)(5), the department
shall, out of funds appropriated, implement a pilot program to
evaluate the feasibility and any associated benefits of providing
protective services when an elderly or disabled person has been
determined to be at risk of future harm from abuse, neglect, or
exploitation using the risk assessment criteria described in
subsection (a). The provision of protective services in an area in
which the pilot has been implemented does not require that an
elderly or disabled person be in a state of abuse, neglect, or
exploitation.
Section 2. The department shall implement the pilot program
described in section 48.004(b), Human Resources Code, not later
than January 1, 2016 and may be conducted through August 31, 2017.
DFPS shall submit a report of preliminary findings from the program
to the Governor, Lieutenant Governor, and appropriate legislative
committees having oversight over the Adult Protective Services
division not later than December 15, 2016 and on any additional
findings not later than December 15, 2017.
Section 3. Subsection (b), section 48.004, Human Resources
Code, expires August 31, 2017.
Section 4. This Act takes effect September 1, 2015.