S.B. No. 190
AN ACT
relating to the administrative closure of certain reported cases of
child abuse or neglect made to the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3017 to read as follows:
Sec. 261.3017. ABBREVIATED INVESTIGATION AND ADMINISTRATIVE
CLOSURE OF CERTAIN CASES. (a) A department caseworker may refer a
reported case of child abuse or neglect to a department supervisor
for abbreviated investigation or administrative closure at any time
before the 60th day after the date the report is received if:
(1) there is no prior report of abuse or neglect of the
child who is the subject of the report;
(2) the department has not received an additional
report of abuse or neglect of the child following the initial
report;
(3) after contacting a professional or other credible
source, the caseworker determines that the child's safety can be
assured without further investigation, response, services, or
assistance; and
(4) the caseworker determines that no abuse or neglect
occurred.
(b) A department supervisor shall review each reported case
of child abuse or neglect that has remained open for more than 60
days and administratively close the case if:
(1) the supervisor determines that:
(A) the circumstances described by Subsections
(a)(1)-(4) exist; and
(B) closing the case would not expose the child
to an undue risk of harm; and
(2) the department director grants approval for the
administrative closure of the case.
(c) A department supervisor may reassign a reported case of
child abuse or neglect that does not qualify for abbreviated
investigation or administrative closure under Subsection (a) or (b)
to a different department caseworker if the supervisor determines
that reassignment would allow the department to make the most
effective use of resources to investigate and respond to reported
cases of abuse or neglect.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
(e) In this section, "professional" means an individual who
is licensed or certified by the state or who is an employee of a
facility licensed, certified, or operated by the state and who, in
the normal course of official duties or duties for which a license
or certification is required, has direct contact with children.
The term includes teachers, nurses, doctors, day-care employees,
employees of a clinic or health care facility that provides
reproductive services, juvenile probation officers, and juvenile
detention or correctional officers.
SECTION 2. Not later than December 1, 2017, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Section 261.3017, Family
Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 190 passed the Senate on
April 20, 2017, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 25, 2017, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 190 passed the House, with
amendment, on May 19, 2017, by the following vote: Yeas 143,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor