4 | 5 | | |
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5 | 6 | | |
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6 | 7 | | A BILL TO BE ENTITLED |
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7 | 8 | | AN ACT |
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8 | 9 | | relating to adverse disproportionalities within the child |
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9 | 10 | | protective services system. |
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10 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 12 | | SECTION 1. Subchapter B, Chapter 40, Human Resources Code, |
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12 | 13 | | is amended by adding Section 40.028 to read as follows: |
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13 | 14 | | Sec. 40.028. ANALYZING AND ADDRESSING ADVERSE |
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14 | 15 | | DISPROPORTIONALITY. (a) The commissioner shall analyze the |
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15 | 16 | | adverse disproportionate involvement of children who are members of |
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16 | 17 | | a demographic group in the child protective services system, |
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17 | 18 | | including at each stage of child protective services |
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18 | 19 | | investigations. |
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19 | 20 | | (b) On identifying an adverse disproportionality described |
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20 | 21 | | by Subsection (a), the commissioner shall: |
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21 | 22 | | (1) establish a team to address the |
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22 | 23 | | disproportionality; and |
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23 | 24 | | (2) notify the governor, lieutenant governor, speaker |
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24 | 25 | | of the house of representatives, and chairs of the standing |
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25 | 26 | | committees of the senate and house of representatives having |
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26 | 27 | | primary jurisdiction over the department of the |
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27 | 28 | | disproportionality. |
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28 | 29 | | (c) In appointing members to a team to address the adverse |
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29 | 30 | | disproportionality, the commissioner shall appoint representatives |
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30 | 31 | | with expertise in different subjects relevant to the |
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31 | 32 | | disproportionality. |
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32 | 33 | | (d) The commissioner shall direct the team to: |
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33 | 34 | | (1) research an evidence-based approach to address the |
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34 | 35 | | adverse disproportionality; |
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35 | 36 | | (2) identify resources for addressing and eliminating |
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36 | 37 | | or reducing the disproportionality; and |
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37 | 38 | | (3) assist the commissioner in obtaining those |
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38 | 39 | | resources from and if necessary requesting those resources from the |
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39 | 40 | | legislature. |
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40 | 41 | | (e) The commissioner shall set a time to complete the |
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41 | 42 | | elimination or reduction of the adverse disproportionality and |
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42 | 43 | | measures for determining whether the disproportionality has been |
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43 | 44 | | eliminated or reduced. |
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44 | 45 | | (f) As soon as practicable, the commissioner shall report to |
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45 | 46 | | the governor, lieutenant governor, speaker of the house of |
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46 | 47 | | representatives, and chairs of the standing committees of the |
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47 | 48 | | senate and house of representatives having primary jurisdiction |
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48 | 49 | | over the department on: |
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49 | 50 | | (1) the evidence-based approach the department will |
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50 | 51 | | use to eliminate or reduce the adverse disproportionality; |
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51 | 52 | | (2) the resources needed to eliminate or reduce the |
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52 | 53 | | disproportionality; |
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53 | 54 | | (3) the time set to complete the elimination or |
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54 | 55 | | reduction of the disproportionality; and |
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55 | 56 | | (4) the strategic plan and measures to eliminate or |
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56 | 57 | | reduce the adverse disproportionality. |
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57 | 58 | | (g) At the conclusion of the time set by the commissioner to |
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58 | 59 | | complete the elimination or reduction of the adverse |
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59 | 60 | | disproportionality, the commissioner shall report to the governor, |
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60 | 61 | | lieutenant governor, speaker of the house of representatives, and |
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61 | 62 | | chairs of the standing committees of the senate and house of |
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62 | 63 | | representatives having primary jurisdiction over the department: |
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63 | 64 | | (1) the results of the department's evidence-based |
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64 | 65 | | approach to eliminating or reducing the disproportionality; and |
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65 | 66 | | (2) if the department's approach: |
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66 | 67 | | (A) successfully eliminated or reduced the |
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67 | 68 | | disproportionality, the department's plan for ensuring the |
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68 | 69 | | disproportionality is not reinstated or expanded; or |
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69 | 70 | | (B) failed to eliminate or reduce the |
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70 | 71 | | disproportionality: |
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71 | 72 | | (i) the reasons the approach failed; and |
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72 | 73 | | (ii) the new strategic plan and measures |
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73 | 74 | | the department will implement to eliminate or reduce the |
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74 | 75 | | disproportionality. |
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75 | 76 | | SECTION 2. This Act takes effect September 1, 2021. |
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