85R5275 YDB-D
By: Wu H.B. No. 723
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of county boards to oversee the
provision of child protective services in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Human Resources Code, is amended by
adding Subtitle F to read as follows:
SUBTITLE F. COUNTY OVERSIGHT OF CHILD PROTECTIVE SERVICES
CHAPTER 57. COUNTY CHILD PROTECTIVE SERVICES BOARDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 57.001. DEFINITIONS. In this chapter:
(1) "Board" means the child protective services board
for a county.
(2) "Department" means the Department of Family and
Protective Services.
SUBCHAPTER B. BOARD
Sec. 57.051. ESTABLISHMENT OF CHILD PROTECTIVE SERVICES
BOARD. (a) The commissioners court of a county with a population
of 300,000 or more shall establish a child protective services
board to oversee the child protective services provided in the
county.
(b) The commissioners court of a county with a population of
less than 300,000 may establish a child protective services board
to oversee the child protective services provided in the county.
(c) The commissioners courts of two or more counties may
agree to operate a combined board to oversee child protective
services in each county.
Sec. 57.052. COMPOSITION OF BOARD. (a) The commissioners
court of a county shall coordinate the appointment of members to the
board. The board is composed of the following members:
(1) except as provided by Subsection (b), each judge
of a district court in the county with jurisdiction over child
protective services cases, or the judge's appointed associate judge
who is assigned those cases;
(2) a representative from the office of the attorney
who represents the state in child protective services cases brought
in the county, selected by that office;
(3) the county judge of the county or a commissioners
court representative, selected by the commissioners court;
(4) one department employee in the regional office
located in the county, selected by the department;
(5) one court-appointed special advocate, selected by
a county child advocate organization designated by the
commissioners court; and
(6) except as provided by Subsection (c), one attorney
in the county who has experience as an attorney ad litem in child
protective services cases, selected by the board.
(b) If a county has more than six judges described by
Subsection (a)(1), the local administrative judge shall appoint
three of the described judges to serve on the board.
(c) The commissioners court of a county shall make the
initial appointment of the member described by Subsection (a)(6).
(d) The members who are selected for appointment under
Subsection (a) serve two-year terms and may be reappointed by the
selecting entity subject to the approval of the board or
commissioners court, as appropriate.
Sec. 57.053. PRESIDING OFFICER. The board shall elect one
of its members as presiding officer at the first regular board
meeting each calendar year. The presiding officer shall perform
the duties required by the board to accomplish the purposes of this
chapter.
Sec. 57.054. MEETINGS; PUBLIC INTEREST INFORMATION AND
PUBLIC ACCESS. (a) The board shall hold regular meetings each year
on dates set by the board and special meetings at the call of the
presiding officer.
(b) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
board.
(c) The board shall prepare information of public interest
describing the functions of the board. The board shall make the
information available to the public and appropriate state agencies.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 57.101. DUTIES. (a) The board shall oversee, review,
and make recommendations related to the department's child
protective services program in the county, including:
(1) the protective services provided to children;
(2) the investigations of alleged abuse or neglect of
children;
(3) the family support and family preservation
services;
(4) the programs for early intervention or prevention
of at-risk behaviors that lead to child abuse, delinquency, running
away, truancy, and dropping out of school; and
(5) the policies, including financial policies, for
the provision of child protective services.
(b) The recommendations provided under Subsection (a)
should include procedures the department can implement to:
(1) reduce the number of abused and neglected children
in the county;
(2) increase the number of foster care placements in
the county for children residing in the county at the time of
initial placement in child protective services;
(3) increase foster parent recruiting in the county;
(4) reduce the time a child is placed in foster care;
(5) facilitate adoptions in the county for children
residing in the county at the time of initial placement in the
department's managing conservatorship;
(6) provide additional assistance to children aging
out of foster care and to children with special needs; and
(7) increase the treatment options and services
available to children in the managing conservatorship of the
department and to the children's families.
Sec. 57.102. CONFIDENTIALITY OF INFORMATION. (a) The
board shall establish and enforce policies governing the custody,
use, and preservation of the board's records and communications.
(b) The board shall prescribe safeguards to govern the use
or disclosure of privileged or confidential information relating to
the board's duties or to an investigation the board conducts in
performing its duties. The safeguards must be consistent with the
purposes of the board's duties and comply with applicable state and
federal law.
Sec. 57.103. REPORTS; APPROPRIATION REQUESTS. (a) A board
described by Section 57.051(a) shall and a board described by
Section 57.051(b) or (c) may annually prepare and submit to the
lieutenant governor, the speaker of the house of representatives,
and each member of the legislature a report on:
(1) the provision of child protective services in the
county;
(2) recommendations for changes in the provision of
child protective services in the county; and
(3) any other information required by the legislature.
(b) The board may submit any legislative appropriation
request related to the operations of the board to the department for
incorporation in the department's budget.
Sec. 57.104. IMMUNITY FROM LIABILITY. (a) A board member
is not liable for damages arising from an act or omission committed
while performing duties as a board member.
(b) This section does not apply if the act or omission is:
(1) reckless or intentional;
(2) done wilfully, wantonly, or with gross negligence;
or
(3) done with conscious indifference or reckless
disregard for the safety of others.
SECTION 2. As soon as practicable after the effective date
of this Act, each county with a population of 300,000 or more shall
establish a child protective services board for the county in
accordance with Chapter 57, Human Resources Code, as added by this
Act.
SECTION 3. This Act takes effect September 1, 2017.