| 1 | 1 | | 88R14243 MLH-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 3692 |
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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 the Department of Family and Protective Services' |
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| 8 | 8 | | annual report of key performance measures and data elements for |
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| 9 | 9 | | child protection; authorizing a penalty. |
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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 264.017, Family Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsection (f) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b) The department shall provide the report required by |
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| 15 | 15 | | Subsection (a) to the legislature and shall publish the report and |
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| 16 | 16 | | make the report available electronically to the public, including |
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| 17 | 17 | | by posting the report on the department's Internet website, not |
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| 18 | 18 | | later than February 1 of each year. The report must include, with |
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| 19 | 19 | | respect to the preceding year: |
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| 20 | 20 | | (1) information on the number and disposition of |
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| 21 | 21 | | reports of child abuse and neglect received by the department; |
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| 22 | 22 | | (2) information on the number of clients for whom the |
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| 23 | 23 | | department took protective action, including investigations, |
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| 24 | 24 | | alternative responses, and court-ordered removals; |
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| 25 | 25 | | (3) information on the number of clients for whom the |
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| 26 | 26 | | department provided services in each program administered by the |
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| 27 | 27 | | child protective services division, including investigations, |
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| 28 | 28 | | alternative responses, family-based safety services, |
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| 29 | 29 | | conservatorship, post-adoption services, and transitional living |
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| 30 | 30 | | services; |
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| 31 | 31 | | (4) the number of children in this state who died as a |
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| 32 | 32 | | result of child abuse or neglect; |
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| 33 | 33 | | (5) the number of children described by Subdivision |
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| 34 | 34 | | (4) for whom the department was the children's managing conservator |
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| 35 | 35 | | at the time of death; |
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| 36 | 36 | | (6) information on the timeliness of the department's |
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| 37 | 37 | | initial contact in an investigation or alternative response; |
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| 38 | 38 | | (7) information on the response time by the department |
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| 39 | 39 | | in commencing services to families and children for whom an |
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| 40 | 40 | | allegation of child abuse or neglect has been made; |
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| 41 | 41 | | (8) information regarding child protection staffing |
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| 42 | 42 | | and caseloads by program area; |
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| 43 | 43 | | (9) information on the permanency goals in place and |
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| 44 | 44 | | achieved for children in the managing conservatorship of the |
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| 45 | 45 | | department, including information on the timeliness of achieving |
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| 46 | 46 | | the goals, the stability of the children's placement in foster |
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| 47 | 47 | | care, and the proximity of placements to the children's home |
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| 48 | 48 | | counties; |
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| 49 | 49 | | (10) the number of children who suffer from a severe |
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| 50 | 50 | | emotional disturbance and for whom the department is appointed |
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| 51 | 51 | | managing conservator, including statistics on appointments as |
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| 52 | 52 | | joint managing conservator, due to an individual voluntarily |
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| 53 | 53 | | relinquishing custody of a child solely to obtain mental health |
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| 54 | 54 | | services for the child; |
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| 55 | 55 | | (11) the number of children who are pregnant or a |
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| 56 | 56 | | parent while in the managing conservatorship of the department and |
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| 57 | 57 | | the number of the children born to a parent in the managing |
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| 58 | 58 | | conservatorship of the department who are placed in the managing |
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| 59 | 59 | | conservatorship of the department; |
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| 60 | 60 | | (12) the number of children who are missing from the |
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| 61 | 61 | | children's substitute care provider while in the managing |
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| 62 | 62 | | conservatorship of the department; [and] |
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| 63 | 63 | | (13) the number of children who were victims of |
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| 64 | 64 | | trafficking under Chapter 20A, Penal Code, while in the managing |
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| 65 | 65 | | conservatorship of the department; and |
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| 66 | 66 | | (14) information on the state's kinship care program. |
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| 67 | 67 | | (f) The comptroller shall assess a penalty against the |
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| 68 | 68 | | department in the amount of $1,000 for each day after February 1 the |
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| 69 | 69 | | department has not filed the report under Subsection (b). The |
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| 70 | 70 | | comptroller shall reallocate the amount assessed as a penalty under |
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| 71 | 71 | | this subsection as necessary to allow the department to use the |
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| 72 | 72 | | money to provide financial assistance to relative and other |
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| 73 | 73 | | designated caregivers under Section 264.755. |
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| 74 | 74 | | SECTION 2. This Act takes effect September 1, 2023. |
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