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.