Texas 2017 - 85th Regular

Texas House Bill HB3098 Latest Draft

Bill / Introduced Version Filed 03/07/2017

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                            85R13072 MK-D
 By: Burkett H.B. No. 3098


 A BILL TO BE ENTITLED
 AN ACT
 relating to secondary trauma support, case assignment, and caseload
 management for child protective services caseworkers.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 261.301, Family Code, is amended by
 adding Subsection (j) to read as follows:
 (j)  In geographic areas with demonstrated need, the
 department shall designate employees to serve specifically as
 investigators and responders for after-hours reports of child abuse
 or neglect.
 SECTION 2.  Subchapter B, Chapter 40, Human Resources Code,
 is amended by adding Section 40.038 to read as follows:
 Sec. 40.038.  SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a)
 In this section, "secondary trauma" means trauma incurred as a
 consequence of a person's exposure to acute or chronic trauma.
 (b)  The department shall develop and make available a
 program to provide ongoing support to caseworkers who experience
 secondary trauma resulting from exposure to trauma in the course of
 the caseworker's employment. The program must include critical
 incident stress debriefing. The department may not require that a
 caseworker participate in the program.
 SECTION 3.  Subchapter C, Chapter 40, Human Resources Code,
 is amended by adding Section 40.0529 to read as follows:
 Sec. 40.0529.  CASELOAD MANAGEMENT. (a)  Subject to a
 specific appropriation for that purpose, the department shall
 develop and implement a caseload management system for child
 protective services caseworkers and managers that:
 (1)  ensures equity in the distribution of workload,
 based on the complexity of each case;
 (2)  calculates caseloads based on the number of
 individual caseworkers who are available to handle cases;
 (3)  includes geographic case assignment in areas with
 concentrated high risk populations, to ensure that an adequate
 number of caseworkers and managers with expertise and specialized
 training are available;
 (4)  includes a plan to deploy master investigators in
 anticipation of emergency shortages of personnel; and
 (5)  anticipates vacancies in caseworker positions in
 areas of the state with high caseworker turnover to ensure the
 timely hiring of new caseworkers in those areas.
 (b)  In calculating the caseworker caseload under Subsection
 (a)(2), the department:
 (1)  may not count caseworkers who are on leave for four
 weeks or more as available caseworkers;
 (2)  may not create fictive caseworkers to compensate
 for overtime hours worked by caseworkers; and
 (3)  shall only count caseworkers who are on reduced
 caseloads at a value of 0.3 or less.
 SECTION 4.  This Act takes effect September 1, 2017.