87R930 MCK-D
By: White H.B. No. 1237
A BILL TO BE ENTITLED
AN ACT
relating to adverse disproportionalities within the child
protective services system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.028 to read as follows:
Sec. 40.028. ANALYZING AND ADDRESSING ADVERSE
DISPROPORTIONALITY. (a) The commissioner shall analyze the
adverse disproportionate involvement of children who are members of
a racial or ethnic minority group in the child protective services
system, including at each stage of child protective services
investigations.
(b) On identifying an adverse disproportionality described
by Subsection (a), the commissioner shall:
(1) establish a team to address the
disproportionality; and
(2) notify 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 the department of the
disproportionality.
(c) In appointing members to a team to address the adverse
disproportionality, the commissioner shall appoint representatives
with expertise in different subjects relevant to the
disproportionality.
(d) The commissioner shall direct the team to:
(1) develop an evidence-based approach to address the
adverse disproportionality;
(2) identify resources for addressing and eliminating
or reducing the disproportionality; and
(3) assist the commissioner in obtaining those
resources from and if necessary requesting those resources from the
legislature.
(e) The commissioner shall set a time to complete the
elimination or reduction of the adverse disproportionality and
measures for determining whether the disproportionality has been
eliminated or reduced.
(f) As soon as practical, the commissioner shall report 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 the department on:
(1) the evidence-based approach the department will
use to eliminate or reduce the adverse disproportionality;
(2) the resources needed to eliminate or reduce the
disproportionality;
(3) the time set to complete the elimination or
reduction of the disproportionality; and
(4) measures for determining whether the adverse
disproportionality has been eliminated or reduced.
(g) At the conclusion of the time set by the commissioner to
complete the elimination or reduction of the adverse
disproportionality, the commissioner shall report 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 the department:
(1) the results of the department's evidence-based
approach to eliminating or reducing the disproportionality; and
(2) if the department's approach:
(A) successfully eliminated or reduced the
disproportionality, the department's plan for ensuring the
disproportionality is not reinstated or expanded; or
(B) failed to eliminate or reduce the
disproportionality:
(i) the reasons the approach failed; and
(ii) the new approaches the department will
implement to eliminate or reduce the disproportionality.
SECTION 2. This Act takes effect September 1, 2021.