Texas 2015 - 84th Regular

Texas House Bill HB600 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10118 YDB-D
2	2	By: Dukes H.B. No. 600
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to child protective services and employees of the
8	8	Department of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 61, Education Code, is amended by adding
11	11	Subchapter N to read as follows:
12	12	SUBCHAPTER N. REPAYMENT ASSISTANCE FOR CERTAIN DEPARTMENT OF
13	13	FAMILY AND PROTECTIVE SERVICES EMPLOYEES
14	14	Sec. 61.731. REPAYMENT ASSISTANCE AUTHORIZED. The board
15	15	shall establish a program to provide, using funds appropriated for
16	16	that purpose and in accordance with this subchapter and rules of the
17	17	board, assistance in the repayment of student loans for employees
18	18	of the Department of Family and Protective Services who apply and
19	19	qualify for the assistance.
20	20	Sec. 61.732. ELIGIBILITY. (a) To be eligible to receive
21	21	repayment assistance, a person must:
22	22	(1) apply to the board; and
23	23	(2) have been employed for at least one year as, and be
24	24	currently employed full-time at the Department of Family and
25	25	Protective Services as:
26	26	(A) a child protective services family-based
27	27	safety services caseworker;
28	28	(B) a child protective services investigator;
29	29	(C) a child-care licensing investigator or
30	30	inspector; or
31	31	(D) a residential child-care licensing
32	32	investigator or inspector.
33	33	(b) In awarding repayment assistance to first-time
34	34	applicants, the board shall give priority to applicants who
35	35	demonstrate financial need.
36	36	Sec. 61.733. AMOUNT OF REPAYMENT ASSISTANCE; LIMITATION.
37	37	(a) For each year that a person meets the eligibility requirements
38	38	provided by Section 61.732, the person may receive repayment
39	39	assistance under this subchapter in an amount determined by board
40	40	rule, not to exceed $2,500.
41	41	(b) A person may not receive repayment assistance under this
42	42	subchapter for more than four years.
43	43	(c) If the money available for repayment assistance in a
44	44	period for which assistance is awarded is insufficient to provide
45	45	assistance to all eligible applicants described by Section
46	46	61.732(b), the board shall award repayment assistance to eligible
47	47	applicants by prioritizing awards to applicants employed in regions
48	48	of this state experiencing the highest turnover.
49	49	Sec. 61.734. ELIGIBLE LOANS. (a) The board may provide
50	50	repayment assistance for the repayment of any student loan for
51	51	education at a public or private institution of higher education,
52	52	including loans for undergraduate education and graduate
53	53	education, issued through any lender.
54	54	(b) The board may not provide repayment assistance for a
55	55	student loan that is in default at the time of the person's
56	56	application.
57	57	Sec. 61.735. REPAYMENT. (a) The board shall deliver any
58	58	repayment assistance made under this subchapter in a lump sum
59	59	directly to the lender or other holder of the loan on the person's
60	60	behalf and in accordance with any applicable federal law.
61	61	(b) Repayment assistance received under this subchapter may
62	62	be applied to the principal amount of the loan and to interest that
63	63	accrues.
64	64	Sec. 61.736. FUNDING. (a) The repayment assistance
65	65	program established by this subchapter is funded only from
66	66	appropriations made specifically to fund the program and from
67	67	gifts, grants, and donations. The board shall attempt to provide
68	68	repayment assistance in each state fiscal biennium in amounts
69	69	sufficient to use all amounts appropriated for the program in that
70	70	biennium.
71	71	(b) The board may solicit and accept gifts, grants, and
72	72	donations from any public or private source for the purposes of this
73	73	subchapter.
74	74	Sec. 61.737. RULES. (a) The board shall adopt rules
75	75	necessary for the administration of this subchapter, including a
76	76	rule that establishes the amount of repayment assistance awarded to
77	77	eligible persons each year.
78	78	(b) The board shall distribute to each institution of higher
79	79	education, the Department of Family and Protective Services, and
80	80	appropriate professional associations copies of the rules adopted
81	81	under this section and pertinent information in this subchapter.
82	82	SECTION 2. Chapter 101, Family Code, is amended by adding
83	83	Section 101.0013 to read as follows:
84	84	Sec. 101.0013. AGE-APPROPRIATE ACTIVITY. "Age-appropriate
85	85	activity" means an activity or experience that is generally
86	86	accepted as suitable for a child of the same chronological age or
87	87	level of maturity or that is determined to be developmentally
88	88	appropriate for a child based on the development of cognitive,
89	89	emotional, physical, and behavioral capacities that are typical for
90	90	an age or age group.
91	91	SECTION 3. Chapter 101, Family Code, is amended by amending
92	92	Section 101.0201 and adding Section 101.0202 to read as follows:
93	93	Sec. 101.0201. NORMALCY ACTIVITY. "Normalcy activity"
94	94	means an activity or experience in which a child who is not in the
95	95	conservatorship of the state is allowed to participate, including
96	96	extracurricular activities, in-school and out-of-school social
97	97	activities, enrichment activities, and employment opportunities.
98	98	Sec. 101.0202. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
99	99	WITHHOLDING. "Notice of application for judicial writ of
100	100	withholding" means the document delivered to an obligor and filed
101	101	with the court as required by Chapter 158 for the nonjudicial
102	102	determination of arrears and initiation of withholding.
103	103	SECTION 4. Chapter 101, Family Code, is amended by adding
104	104	Section 101.0253 to read as follows:
105	105	Sec. 101.0253. REASONABLE AND PRUDENT PARENT STANDARD.
106	106	"Reasonable and prudent parent standard" means the standard
107	107	characterized by careful and sensible parental decisions that
108	108	maintain the child's health, safety, and best interests.
109	109	SECTION 5. Section 261.3021, Family Code, is amended to
110	110	read as follows:
111	111	Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT.
112	112	Subject to the appropriation of money for these purposes, the
113	113	department shall:
114	114	(1) identify critical investigation actions that
115	115	impact child safety and require department caseworkers to document
116	116	those actions in a child's case file not later than the day after
117	117	the action occurs;
118	118	(2) identify and develop a comprehensive set of
119	119	casework quality indicators that must be reported in real time to
120	120	support timely management oversight;
121	121	(3) provide department supervisors with access to
122	122	casework quality indicators and train department supervisors on the
123	123	use of that information in the daily supervision of caseworkers;
124	124	(4) develop a case tracking system that:
125	125	(A) uses the latest technology to easily link
126	126	cases involving individuals in the same household by identifying
127	127	siblings, relatives, and other non-related adults living in the
128	128	home;
129	129	(B) includes expanded read-only access for
130	130	caseworkers and case coordinators;
131	131	(C) tracks subsequent investigations of child
132	132	protective services provided to children for whom caseworkers are
133	133	unable to determine whether abuse or neglect occurred; and
134	134	(D) notifies department supervisors and
135	135	management when a case is not progressing in a timely manner;
136	136	(5) use current data reporting systems to provide
137	137	department supervisors and management with easier access to
138	138	information; and
139	139	(6) train department supervisors and management on the
140	140	use of data to monitor cases and make decisions.
141	141	SECTION 6. Section 261.3022, Family Code, is amended to
142	142	read as follows:
143	143	Sec. 261.3022. CHILD SAFETY CHECK ALERT LIST. (a) Subject
144	144	to the availability of funds, the Department of Public Safety of the
145	145	State of Texas shall create a child safety check alert list as part
146	146	of the Texas Crime Information Center to help locate a child or the
147	147	child's family for purposes of:
148	148	(1) investigating a report of child abuse or neglect;
149	149	(2) providing protective services to a child whose
150	150	life may be at risk and whose family is receiving in-home support
151	151	services; or
152	152	(3) providing protective services to a child in the
153	153	managing conservatorship of the department who has run away and
154	154	whose life may be at risk.
155	155	(b) If the child safety check alert list is established and
156	156	the department is unable to locate a child or the child's family for
157	157	a purpose stated in Subsection (a) [purposes of investigating a
158	158	report of child abuse or neglect], after the department has
159	159	exhausted all means available to the department for locating the
160	160	child or the child's family, the department may seek assistance
161	161	under this section from the appropriate [county attorney, district
162	162	attorney, or criminal district] attorney with responsibility for
163	163	representing the department as provided by Section 264.009.
164	164	(c) If the department requests assistance, the county
165	165	attorney, district attorney, or criminal district attorney, as
166	166	applicable, may file an application with the court requesting the
167	167	issuance of an ex parte order requiring the Texas Crime Information
168	168	Center to place the child or the members of the child's family whom
169	169	the department is attempting to locate on a child safety check alert
170	170	list. The application must include a summary of:
171	171	(1) either:
172	172	(A) the report of child abuse or neglect the
173	173	department is attempting to investigate; or
174	174	(B) the circumstances in a case described by
175	175	Subsection (a)(2) or (3) that cause a child to be at a substantial
176	176	risk of harm because the child or family cannot be located; and
177	177	(2) the department's efforts to locate the child or the
178	178	child's family.
179	179	(d) If the court determines after a hearing that the family
180	180	cannot be located to investigate a report of child abuse or neglect
181	181	or that a child is at risk of substantial harm because the child or
182	182	family cannot be located and that the department has exhausted all
183	183	means available to the department for locating the child or the
184	184	child's family, as applicable, the court shall approve the
185	185	application and order the appropriate law enforcement agency to
186	186	notify the Texas Crime Information Center to place the child or the
187	187	child's family, as applicable, on a child safety check alert list.
188	188	The alert list must include:
189	189	(1) if applicable, the name of the family member
190	190	alleged to have abused or neglected a child according to the report
191	191	the department is attempting to investigate;
192	192	(2) the name of the child who is the subject of the
193	193	report or an ongoing department case;
194	194	(3) if applicable, a code identifying the type of
195	195	child abuse or neglect alleged to have been committed against the
196	196	child;
197	197	(4) the family's last known address; and
198	198	(5) the minimum criteria for an entry as established
199	199	by the center.
200	200	SECTION 7. Section 261.3023(a), Family Code, is amended to
201	201	read as follows:
202	202	(a) If a law enforcement officer encounters a person,
203	203	including a child, listed on the Texas Crime Information Center's
204	204	child safety check alert list [who is alleged to have abused or
205	205	neglected a child, or encounters a child listed on the alert list
206	206	who is the subject of a report of child abuse or neglect the
207	207	department is attempting to investigate], the officer shall request
208	208	information from the person or the child regarding the child's
209	209	well-being and current residence. The officer shall immediately
210	210	report that the person or child has been located and the location of
211	211	the person or child by calling the toll-free telephone number
212	212	operated by the department to receive reports of child abuse or
213	213	neglect.
214	214	SECTION 8. Section 261.3024(a), Family Code, is amended to
215	215	read as follows:
216	216	(a) A law enforcement officer who locates a child listed on
217	217	the Texas Crime Information Center's child safety check alert list
218	218	[who is the subject of a report of child abuse or neglect the
219	219	department is attempting to investigate] and who reports the
220	220	child's current address and other relevant information to the
221	221	department under Section 261.3023 shall report to the Texas Crime
222	222	Information Center that the child has been located.
223	223	SECTION 9. Section 261.3126(a), Family Code, is amended to
224	224	read as follows:
225	225	(a) In each county, to the extent possible, the department
226	226	and the local law enforcement agencies that investigate child abuse
227	227	in the county shall colocate in the same offices investigators from
228	228	the department and the law enforcement agencies to improve the
229	229	efficiency of child abuse investigations. With approval of the
230	230	local children's advocacy center and its partner agencies, in each
231	231	county in which a children's advocacy center established under
232	232	Section 264.402 is located, the department shall attempt to locate
233	233	investigators from the department and county and municipal law
234	234	enforcement agencies at the center and to increase the number of
235	235	department investigators located at a center if the rate of
236	236	retention for investigators at that center exceeds the retention
237	237	rate of investigators located in other offices.
238	238	SECTION 10. Section 263.102(a), Family Code, is amended to
239	239	read as follows:
240	240	(a) The service plan must:
241	241	(1) be specific;
242	242	(2) be in writing in a language that the parents
243	243	understand, or made otherwise available;
244	244	(3) be prepared by the department or other agency in
245	245	conference with the child's parents;
246	246	(4) state appropriate deadlines;
247	247	(5) state whether the goal of the plan is:
248	248	(A) return of the child to the child's parents;
249	249	(B) termination of parental rights and placement
250	250	of the child for adoption; or
251	251	(C) because of the child's special needs or
252	252	exceptional circumstances, continuation of the child's care out of
253	253	the child's home;
254	254	(6) state steps that are necessary to:
255	255	(A) return the child to the child's home if the
256	256	placement is in foster care;
257	257	(B) enable the child to remain in the child's
258	258	home with the assistance of a service plan if the placement is in
259	259	the home under the department's or other agency's supervision; or
260	260	(C) otherwise provide a permanent safe placement
261	261	for the child;
262	262	(7) state the actions and responsibilities that are
263	263	necessary for the child's parents to take to achieve the plan goal
264	264	during the period of the service plan and the assistance to be
265	265	provided to the parents by the department or other authorized
266	266	agency toward meeting that goal;
267	267	(8) state any specific skills or knowledge that the
268	268	child's parents must acquire or learn, as well as any behavioral
269	269	changes the parents must exhibit, to achieve the plan goal;
270	270	(9) state the actions and responsibilities that are
271	271	necessary for the child's parents to take to ensure that the child
272	272	attends school and maintains or improves the child's academic
273	273	compliance;
274	274	(10) state the name of the person with the department
275	275	or other agency whom the child's parents may contact for
276	276	information relating to the child if other than the person
277	277	preparing the plan; [and]
278	278	(11) provide for the elimination of impediments to the
279	279	child's participation in age-appropriate normalcy activities; and
280	280	(12) prescribe any other term or condition that the
281	281	department or other agency determines to be necessary to the
282	282	service plan's success.
283	283	SECTION 11. Section 263.105, Family Code, is amended by
284	284	adding Subsection (b-1) to read as follows:
285	285	(b-1) As part of the review under Subsection (b), the court
286	286	shall ensure that the child's caregiver under the plan understands:
287	287	(1) the importance of the child's participation in
288	288	age-appropriate normalcy activities; and
289	289	(2) the flexibility the reasonable and prudent parent
290	290	standard provides the caregiver in approving the child's
291	291	participation in normalcy activities.
292	292	SECTION 12. Section 263.306, Family Code, is amended by
293	293	adding Subsection (c) to read as follows:
294	294	(c) At each permanency hearing, the court shall review the
295	295	efforts of the department in ensuring that:
296	296	(1) the child's caregiver is following the reasonable
297	297	and prudent parent standard; and
298	298	(2) the child has regular, ongoing opportunities to
299	299	engage in age-appropriate normalcy activities, including
300	300	activities not listed in the child's service plan.
301	301	SECTION 13. Section 263.503, Family Code, is amended by
302	302	adding Subsection (c) to read as follows:
303	303	(c) At each placement review hearing, the court shall review
304	304	the efforts of the department in ensuring that:
305	305	(1) the child's caregiver is following the reasonable
306	306	and prudent parent standard; and
307	307	(2) the child has regular, ongoing opportunities to
308	308	engage in age-appropriate normalcy activities, including
309	309	activities not listed in the child's service plan.
310	310	SECTION 14. Section 264.015, Family Code, is amended by
311	311	adding Subsection (d) to read as follows:
312	312	(d) In the training for prospective foster parents and in
313	313	the annual training for foster parents, the department shall
314	314	include programs to address the potential impact on the family of
315	315	providing foster care and to recommend methods for maintaining
316	316	household stability, including respite care and stress relief
317	317	techniques.
318	318	SECTION 15. Section 264.114, Family Code, is amended by
319	319	adding Subsection (c) to read as follows:
320	320	(c) A foster parent, relative or other designated
321	321	caregiver, or other substitute caregiver caring for a child in the
322	322	department's managing conservatorship is not liable for harm caused
323	323	to the child that results from the child's participation in an
324	324	age-appropriate activity approved by the caregiver if the caregiver
325	325	acted in the same manner as a reasonable and prudent parent would in
326	326	approving the child's participation in the activity.
327	327	SECTION 16. Section 264.121(f), Family Code, as amended by
328	328	Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd
329	329	Legislature, Regular Session, 2013, is reenacted and amended to
330	330	read as follows:
331	331	(f) The department shall require a person with whom the
332	332	department contracts for transitional living services for foster
333	333	youth to provide or assist youth in obtaining:
334	334	(1) housing services;
335	335	(2) job training and employment services;
336	336	(3) college preparation services beginning at age 14;
337	337	(4) services that will assist youth in obtaining a
338	338	general education development certificate;
339	339	(5) services that will assist youth in developing
340	340	skills in food preparation;
341	341	(6) nutrition education that promotes healthy food
342	342	choices; [and]
343	343	(7) [(5)] a savings or checking account if the youth
344	344	is at least 18 years of age and has a source of income; and
345	345	(8) [(7)] any other appropriate transitional living
346	346	service identified by the department.
347	347	SECTION 17. Sections 264.123(a) and (d), Family Code, are
348	348	amended to read as follows:
349	349	(a) If a child in the department's managing conservatorship
350	350	is missing from the child's substitute care provider, including a
351	351	child who is abducted or is a runaway, the department shall notify
352	352	the following persons and entities that the child is missing:
353	353	(1) the appropriate law enforcement agencies;
354	354	(2) the court with jurisdiction over the department's
355	355	managing conservatorship of the child;
356	356	(3) the child's attorney ad litem;
357	357	(4) the child's guardian ad litem; [and]
358	358	(5) the child's parent unless the parent:
359	359	(A) cannot be located or contacted;
360	360	(B) has had the parent's parental rights
361	361	terminated; or
362	362	(C) has executed an affidavit of relinquishment
363	363	of parental rights; and
364	364	(6) the National Center for Missing and Exploited
365	365	Children.
366	366	(d) The department shall make continuing efforts to
367	367	determine the location of a missing child until the child returns to
368	368	substitute care, including:
369	369	(1) contacting on a monthly basis:
370	370	(A) the appropriate law enforcement agencies;
371	371	(B) the child's relatives;
372	372	(C) the child's former caregivers; and
373	373	(D) any state or local social service agency that
374	374	may be providing services to the child; [and]
375	375	(2) conducting a supervisory-level review of the case
376	376	on a quarterly basis if the child is 15 years of age or younger to
377	377	determine whether sufficient efforts have been made to locate the
378	378	child and whether other action is needed; and
379	379	(3) appointing a special investigator to assist in
380	380	locating the child and in investigating the events affecting the
381	381	child that occurred while the child was missing.
382	382	SECTION 18. Subchapter B, Chapter 264, Family Code, is
383	383	amended by adding Section 264.126 to read as follows:
384	384	Sec. 264.126. NORMALCY ACTIVITIES; REASONABLE AND PRUDENT
385	385	PARENT STANDARD. (a) The department shall use its best efforts to
386	386	normalize the lives of children in the managing conservatorship of
387	387	the department and to allow substitute caregivers to make
388	388	decisions, similar to the decisions that a parent is entitled to
389	389	make, regarding the child's participation in age-appropriate
390	390	normalcy activities without the department's prior approval.
391	391	(b) A substitute caregiver shall use a reasonable and
392	392	prudent parent standard in determining whether to permit a child in
393	393	the conservatorship of the department to participate in an
394	394	activity. When making a decision according to the reasonable and
395	395	prudent parent standard, the caregiver must consider:
396	396	(1) the overall health and safety of the child and the
397	397	child's age, maturity, and development level;
398	398	(2) any potential risk factors and the appropriateness
399	399	of the activity;
400	400	(3) the best interest of the child based on the
401	401	caregiver's knowledge of the child;
402	402	(4) the importance of encouraging the child's social,
403	403	emotional, and developmental growth;
404	404	(5) the importance of providing the child with the
405	405	most family-like living experience possible; and
406	406	(6) the behavioral history of the child and the child's
407	407	ability to safely participate in the proposed activity.
408	408	(c) The department shall verify that substitute caregivers
409	409	providing substitute care services under contract with the
410	410	department:
411	411	(1) promote and protect the ability of a child to
412	412	participate in age-appropriate normalcy activities; and
413	413	(2) implement policies consistent with this section.
414	414	(d) The department shall review its policies and procedures
415	415	to identify policies and procedures that impede a substitute
416	416	caregiver's ability to make reasonable and prudent parenting
417	417	decisions and shall adopt new policies that promote a substitute
418	418	caregiver's ability to make reasonable and prudent parenting
419	419	decisions.
420	420	(e) The department shall require a child's substitute
421	421	caregiver to complete training on:
422	422	(1) decision-making as a reasonable and prudent
423	423	parent;
424	424	(2) appropriate and trauma-informed procedures for
425	425	addressing a child's misbehavior; and
426	426	(3) the importance of a child's participation in
427	427	age-appropriate normalcy activities and the benefits of
428	428	participation to a child's social, emotional, and developmental
429	429	growth, well-being, and mental health.
430	430	SECTION 19. Section 264.408(c), Family Code, is amended to
431	431	read as follows:
432	432	(c) The department, a law enforcement agency, and a
433	433	prosecuting attorney may share with a center or a statewide child
434	434	advocacy center organization information that is confidential
435	435	under Section 261.201 as needed to provide services under this
436	436	chapter. Confidential information shared with or provided to a
437	437	center or organization remains the property of the agency that
438	438	shared or provided the information to the center or organization.
439	439	SECTION 20. Section 264.503, Family Code, is amended by
440	440	adding Subsection (f-1) to read as follows:
441	441	(f-1) The Department of State Health Services shall
442	442	identify opportunities for improving the information provided in
443	443	the report under Subsection (f) and, in areas of this state where a
444	444	review team is not established, shall monitor the impact on that
445	445	area of inadequate services.
446	446	SECTION 21. Section 264.852, Family Code, is amended by
447	447	adding Subsection (e) to read as follows:
448	448	(e) The department shall provide to a foster child's
449	449	relative, or other adult with whom that child has a longstanding and
450	450	significant relationship, with whom the child is residing
451	451	information about qualifying and becoming licensed or verified by
452	452	the department as a kinship provider.
453	453	SECTION 22. Chapter 265, Family Code, is amended by adding
454	454	Sections 265.005, 265.006, and 265.007 to read as follows:
455	455	Sec. 265.005. EVALUATION OF SERVICES. (a) The department
456	456	shall establish a process to identify each child or family member
457	457	who receives prevention and early intervention services and
458	458	subsequent child protective services and evaluate the success of
459	459	the prevention and early intervention services initially provided.
460	460	(b) The department shall use the information obtained
461	461	through the evaluation process to determine and provide the most
462	462	intensive prevention and early intervention services to children
463	463	and families who are determined most at risk for abuse and neglect
464	464	and most in need of the services.
465	465	Sec. 265.006. HEALTHY OUTCOMES THROUGH PREVENTION AND EARLY
466	466	SUPPORT (HOPES) AND HELP THROUGH INTERVENTION AND PREVENTION (HIP)
467	467	PROJECTS. (a) The department shall establish:
468	468	(1) a healthy outcomes through prevention and early
469	469	support (HOPES) project to provide, in communities selected by the
470	470	department, flexible, community-based child abuse and neglect
471	471	prevention programs to families of children under five years of age
472	472	who are at risk of abuse and neglect; and
473	473	(2) a help through intervention and prevention (HIP)
474	474	project to provide voluntary extensive family assessment, home
475	475	visitation, and education services to families at risk for abuse
476	476	and neglect to increase protection of the child and prevent child
477	477	abuse.
478	478	(b) Not later than December 1 of each even-numbered year,
479	479	the department shall submit electronically to each legislative
480	480	committee with jurisdiction over child protective services a report
481	481	on the department's efforts and strategies to expand the services
482	482	provided under Subsection (a) to additional areas in this state and
483	483	to populations identified as being at higher risk for abuse and
484	484	neglect.
485	485	Sec. 265.007. IDENTIFICATION OF FUNDING OPPORTUNITIES. The
486	486	department shall collaborate with the Department of State Health
487	487	Services to identify additional funding opportunities for children
488	488	and families receiving prevention and early intervention services
489	489	to address individual and community factors that contribute to
490	490	parental substance abuse and domestic violence in those families.
491	491	SECTION 23. Section 40.032(c), Human Resources Code, is
492	492	amended to read as follows:
493	493	(c) The executive director or the executive director's
494	494	designated representative shall develop a system of annual
495	495	performance evaluations based on measurable job tasks. All merit
496	496	pay for department employees must be based on the system
497	497	established under this subsection. The department's retention
498	498	strategies for child protective services caseworkers may include
499	499	merit-based advancement opportunities for caseworkers and coaching
500	500	or corrective action procedures to address deficient performance
501	501	evaluations without negatively impacting merit eligibility.
502	502	SECTION 24. Subchapter B, Chapter 40, Human Resources Code,
503	503	is amended by adding Section 40.03211 to read as follows:
504	504	Sec. 40.03211. SALARY SUPPLEMENT PILOT PROJECT FOR CHILD
505	505	PROTECTIVE SERVICES CASEWORKERS. (a) The department may establish
506	506	a pilot project to supplement the salary of a child protective
507	507	services caseworker based on the average salary for similar
508	508	positions in the area of the employee's assigned place of
509	509	employment, the extent to which the caseworker's salary meets
510	510	cost-of-living expenses in that area, and other location factors.
511	511	(b) Section 659.020, Government Code, does not apply to the
512	512	supplement authorized by this section.
513	513	SECTION 25. Subchapter B, Chapter 40, Human Resources Code,
514	514	is amended by adding Sections 40.0328 and 40.0329 to read as
515	515	follows:
516	516	Sec. 40.0328. CHILD PROTECTIVE SERVICES CASEWORKERS. (a)
517	517	The department shall periodically restructure the duties of
518	518	caseworkers as necessary to maintain the safety of children in
519	519	child protective services, increase the time a caseworker spends
520	520	with children, prioritize the time required to effectively address
521	521	cases above caseload, and successfully manage child protective
522	522	services caseloads.
523	523	(b) The department shall:
524	524	(1) create a streamlined child protective services
525	525	policy handbook to assist caseworkers in understanding their
526	526	duties;
527	527	(2) establish caseworker support centers to provide
528	528	administrative support to the caseworkers;
529	529	(3) increase the number of support staff for
530	530	investigation units to be separately located from other
531	531	investigation units;
532	532	(4) develop information resources to assist
533	533	caseworkers and their supervisors in prioritizing caseworker time;
534	534	and
535	535	(5) assign master caseworkers to areas with high
536	536	caseworker vacancy numbers or case numbers.
537	537	(c) The department shall require a caseworker each month to
538	538	report a face-to-face visit with each foster child assigned to the
539	539	caseworker.
540	540	Sec. 40.0329. DISRUPTION SPECIALISTS. The department shall
541	541	designate as disruption specialists a sufficient number of
542	542	personnel to provide family group conference services, support
543	543	timely intervention efforts that reduce preventable placement
544	544	disruptions, and more frequently use family team meetings to engage
545	545	the family and community in making critical child-placing
546	546	decisions.
547	547	SECTION 26. Subchapter C, Chapter 40, Human Resources Code,
548	548	is amended by adding Section 40.0565 to read as follows:
549	549	Sec. 40.0565. REGIONAL YOUTH LEADERSHIP COUNCILS. The
550	550	department shall establish and fund regional youth leadership
551	551	councils. The department shall include the councils in making
552	552	decisions related to creating stable environments for foster
553	553	children.
554	554	SECTION 27. Section 40.058(c), Human Resources Code, is
555	555	amended to read as follows:
556	556	(c) The department shall monitor a contractor's performance
557	557	under a contract for the purchase of program-related client
558	558	services. In monitoring performance, the department shall:
559	559	(1) use a risk-assessment methodology that employs
560	560	empirically driven predictive analytics to monitor the contracts
561	561	and ensure compliance with financial and performance requirements
562	562	under the contract; and
563	563	(2) obtain and evaluate program cost information to
564	564	ensure that all costs, including administrative costs, are
565	565	reasonable and necessary to achieve program objectives.
566	566	SECTION 28. Subchapter C, Chapter 40, Human Resources Code,
567	567	is amended by adding Section 40.075 to read as follows:
568	568	Sec. 40.075. RECORDS RETENTION. The department shall
569	569	retain child protective services records as follows:
570	570	(1) for cases in which the department has reason to
571	571	believe a child was abused or neglected and the child was removed
572	572	from the child's home, 50 years;
573	573	(2) for cases in which the department has reason to
574	574	believe a child was abused or neglected, the designated perpetrator
575	575	of the abuse or neglect appeals the department's findings, and the
576	576	findings are substantiated, 20 years;
577	577	(3) for cases in which the department has reason to
578	578	believe a child was abused or neglected, the department is unable to
579	579	determine whether the abuse or neglect happened or is unable to
580	580	complete the investigation, and the child remains in the child's
581	581	home, 20 years; and
582	582	(4) for cases in which the department rules out abuse
583	583	or neglect and the department's risk assessment indicates a
584	584	significant level of risk remains with the family, no significant
585	585	risks exist within the family, or the risk factors within the family
586	586	are controlled, five years.
587	587	SECTION 29. Section 42.053, Human Resources Code, is
588	588	amended by adding Subsection (e) to read as follows:
589	589	(e) A licensed child-placing agency shall conduct an annual
590	590	home study for each agency foster home or agency foster group home
591	591	operated by the agency.
592	592	SECTION 30. As soon as practicable after the effective date
593	593	of this Act, the executive commissioner of the Health and Human
594	594	Services Commission shall adopt the necessary rules and policies
595	595	and the Department of Family and Protective Services shall develop
596	596	the procedures and take the steps necessary to implement the
597	597	changes in law made by this Act.
598	598	SECTION 31. The Texas Higher Education Coordinating Board
599	599	shall adopt the rules for the repayment assistance program under
600	600	Subchapter N, Chapter 61, Education Code, as added by this Act, not
601	601	later than December 1, 2015.
602	602	SECTION 32. To the extent of any conflict, this Act prevails
603	603	over another Act of the 84th Legislature, Regular Session, 2015,
604	604	relating to nonsubstantive additions to and corrections in enacted
605	605	codes.
606	606	SECTION 33. This Act takes effect September 1, 2015.