| 1 | 1 | | 85R6568 MM-D |
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| 2 | 2 | | By: Perry S.B. No. 889 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to collecting and reporting certain information by the |
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| 8 | 8 | | Department of Family and Protective Services relating to certain |
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| 9 | 9 | | alcohol and controlled substance use. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 162.007, Family Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (g) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) The health history of the child must include information |
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| 15 | 15 | | about: |
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| 16 | 16 | | (1) the child's health status at the time of placement; |
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| 17 | 17 | | (2) the child's birth, neonatal, and other medical, |
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| 18 | 18 | | psychological, psychiatric, and dental history information, |
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| 19 | 19 | | including to the extent known by the Department of Family and |
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| 20 | 20 | | Protective Services based on the information collected under |
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| 21 | 21 | | Section 264.019: |
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| 22 | 22 | | (A) whether the child's birth mother consumed |
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| 23 | 23 | | alcohol during pregnancy; and |
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| 24 | 24 | | (B) whether the child has been diagnosed with |
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| 25 | 25 | | fetal alcohol spectrum disorder; |
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| 26 | 26 | | (3) a record of immunizations for the child; and |
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| 27 | 27 | | (4) the available results of medical, psychological, |
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| 28 | 28 | | psychiatric, and dental examinations of the child. |
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| 29 | 29 | | (g) In this section, "fetal alcohol spectrum disorder" |
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| 30 | 30 | | means any of a group of conditions that can occur in a person whose |
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| 31 | 31 | | mother consumed alcohol during pregnancy. |
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| 32 | 32 | | SECTION 2. Subchapter A, Chapter 264, Family Code, is |
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| 33 | 33 | | amended by adding Section 264.019 to read as follows: |
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| 34 | 34 | | Sec. 264.019. COLLECTION AND REPORTING OF ALCOHOL AND |
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| 35 | 35 | | CONTROLLED SUBSTANCE STATISTICS. (a) The department shall collect |
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| 36 | 36 | | the following information and update the department's case tracking |
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| 37 | 37 | | and information management system to allow caseworkers to record: |
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| 38 | 38 | | (1) the number of children reported to the department |
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| 39 | 39 | | who at birth tested positive for the presence of alcohol or a |
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| 40 | 40 | | controlled substance; |
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| 41 | 41 | | (2) the controlled substances for which the children |
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| 42 | 42 | | described by Subdivision (1) tested positive; |
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| 43 | 43 | | (3) the number of children described by Subdivision |
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| 44 | 44 | | (1) who were removed from their homes and have been diagnosed as |
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| 45 | 45 | | having a disability or chronic medical condition resulting from the |
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| 46 | 46 | | presence of alcohol or controlled substances; and |
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| 47 | 47 | | (4) the number of parents who test positive for the |
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| 48 | 48 | | presence of a controlled substance during a department |
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| 49 | 49 | | investigation of a report of abuse or neglect of the parent's child. |
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| 50 | 50 | | (b) Not later than November 1 of each year, the department |
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| 51 | 51 | | shall: |
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| 52 | 52 | | (1) prepare for the preceding year a report containing |
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| 53 | 53 | | the information collected under Subsection (a); |
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| 54 | 54 | | (2) post a copy of the report prepared under |
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| 55 | 55 | | Subdivision (1) on the department's Internet website; and |
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| 56 | 56 | | (3) electronically submit to the legislature a copy of |
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| 57 | 57 | | the report. |
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| 58 | 58 | | (c) The executive commissioner shall adopt rules necessary |
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| 59 | 59 | | to implement this section. |
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| 60 | 60 | | SECTION 3. The Department of Family and Protective Services |
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| 61 | 61 | | shall submit the first report required by Section 264.019(b), |
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| 62 | 62 | | Family Code, as added by this Act, not later than November 1, 2018. |
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| 63 | 63 | | SECTION 4. Section 264.019, Family Code, as added by this |
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| 64 | 64 | | Act, applies to information collected by the Department of Family |
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| 65 | 65 | | and Protective Services on and after the effective date of this Act. |
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| 66 | 66 | | SECTION 5. This Act takes effect September 1, 2017. |
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