86R5697 MCK-F
By: Wu H.B. No. 1362
A BILL TO BE ENTITLED
AN ACT
relating to the caseloads of child protective services caseworkers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.05291 to read as follows:
Sec. 40.05291. CASEWORKER CASELOAD SCORING SYSTEM AND
REPORT. (a) The department shall develop a scoring system to
ensure equity in the distribution of cases among child protective
services caseworkers. The scoring system must evaluate each child
protective services case on:
(1) the total number of children involved in the case;
(2) the total number of parents involved in the case;
(3) the type of placement for each child involved in
the case;
(4) the total number of placements for the case;
(5) the level of care required for each child involved
in the case and the difficulty in providing that care;
(6) the level of department intervention and parental
or family services required for the case and the difficulty in
providing those services;
(7) the level of cooperation of each parent involved
in the case;
(8) the amount of travel required to manage the case
considering the geographic distances between the caseworker's
office and the location of the child's residence, the child's
service providers, the court in which the case is pending, and any
other considerations affecting the caseworker's travel;
(9) any difficulties associated with handling cases in
each specific department region; and
(10) any other factor the department determines
reasonable and necessary to assess the difficulty of handling a
case.
(b) After considering the factors described by Subsection
(a), the department shall assign each child protective services
case a score. The department shall assign average cases a score of
one, more difficult cases a score of greater than one, and easier
cases a score of less than one.
(c) Using the score for each case, the department shall
calculate each caseworker's daily average caseload for each month.
The caseworker's daily average caseload for a month is calculated
by:
(1) multiplying the score assigned under Subsection
(b) for the case by the number of days in the month the caseworker
was assigned the case;
(2) dividing the product of the calculation determined
under Subdivision (1) by the number of days in the month;
(3) repeating the calculations in Subdivisions (1) and
(2) for each case assigned to the caseworker in the month; and
(4) adding the quotients of each calculation under
Subdivision (2).
(d) The department shall establish a maximum daily average
caseload for child protective services caseworkers based on the
caseworker's experience and the stage of each case, including
whether the case involves the provision of family-based safety
services, the department being named permanent managing
conservator of the child, or the adoption of the child.
(e) The department shall establish a procedure for
authorizing a child protective services caseworker to exceed the
maximum daily average caseload. The procedure must include a
report stating:
(1) the reasons for authorizing the caseworker to
exceed the maximum daily average caseload; and
(2) the number of days the caseworker may exceed the
maximum daily average caseload.
(f) The department shall publish on the department's
Internet website the maximum daily average caseload for child
protective services caseworkers and the methodology for
determining that maximum.
(g) Not later than the December 1 of each year, the
department shall submit to the governor, lieutenant governor,
speaker of the house of representatives, and chairs of the standing
committees of the senate and house of representatives having
primary jurisdiction over child protection issues a report
containing information relating to the caseloads of child
protective services caseworkers.
SECTION 2. This Act takes effect September 1, 2019.