Texas 2023 - 88th Regular

Texas House Bill HB4351 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22225 BDP-F
2	2	By: Noble H.B. No. 4351
3	3	Substitute the following for H.B. No. 4351:
4	4	By: Klick C.S.H.B. No. 4351
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the training program required for certain employees of
10	10	the Department of Family and Protective Services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 40.035, Human Resources Code, is amended
13	13	by amending Subsections (a) and (b) and adding Subsection (a-1) to
14	14	read as follows:
15	15	(a) The department shall develop and implement a training
16	16	program that, except as provided by Subsection (a-1), each newly
17	17	hired or assigned department employee must successfully complete
18	18	before:
19	19	(1) initiating an investigation of a report of alleged
20	20	abuse, neglect, or exploitation of an elderly person or person with
21	21	a disability under Chapter 48; or
22	22	(2) providing protective services to elderly persons
23	23	or persons with disabilities under that chapter.
24	24	(a-1) A newly hired or assigned department employee may
25	25	initiate an investigation of a report of alleged abuse, neglect, or
26	26	exploitation of an elderly person or a person with a disability
27	27	under Chapter 48 or provide protective services to an elderly
28	28	person or a person with a disability under that chapter only if the
29	29	employee:
30	30	(1) is in the process of receiving the training
31	31	required by Subsection (a); and
32	32	(2) initiates the investigation or provides
33	33	protective services under the direct supervision of the person who
34	34	is providing the training to the employee.
35	35	(b) The training program must:
36	36	(1) provide the employee [person] with appropriate
37	37	comprehensive information regarding:
38	38	(A) the incidence and types of reports of abuse,
39	39	neglect, and exploitation of elderly persons or persons with
40	40	disabilities that are received by the department, including
41	41	information concerning false reports; and
42	42	(B) the use and proper implementation of:
43	43	(i) the risk assessment criteria developed
44	44	under Section 48.004;
45	45	(ii) the criteria used by caseworkers to
46	46	determine whether elderly persons or persons with disabilities lack
47	47	capacity to consent to receive protective services; and
48	48	(iii) the legal procedures available under
49	49	Chapter 48 for the protection of elderly persons or persons with
50	50	disabilities, including the procedures for obtaining a court order
51	51	for emergency protective services under Section 48.208;
52	52	(2) include best practices for management of a case
53	53	from the intake process to the provision of protective services,
54	54	including criteria that specify the circumstances under which an
55	55	employee should:
56	56	(A) consult a supervisor regarding a case; or
57	57	(B) refer an elderly person or person with a
58	58	disability to an appropriate public agency or community service
59	59	provider for guardianship or other long-term services after the
60	60	delivery of protective services to that person has been completed;
61	61	(3) provide appropriate specialized training in any
62	62	necessary topics, including:
63	63	(A) investigation of suspected identity theft
64	64	and other forms of financial exploitation and suspected
65	65	self-neglect; and
66	66	(B) establishment and maintenance of working
67	67	relationships with community organizations and other local
68	68	providers who provide services to elderly persons and persons with
69	69	disabilities;
70	70	(4) include on-the-job training, which must require
71	71	another department caseworker with more experience to accompany and
72	72	train the caseworker in the field;
73	73	(5) provide for the development of individualized
74	74	training plans;
75	75	(6) include training in working with law enforcement
76	76	agencies and the court system when legal intervention is sought for
77	77	investigations or emergency orders;
78	78	(7) to the maximum extent possible, include nationally
79	79	recognized best practices in addition to the best practices
80	80	required under Subdivision (2); and
81	81	(8) include testing, progress reports, or other
82	82	evaluations to assess the performance of trainees.
83	83	SECTION 2. Section 40.035, Human Resources Code, as amended
84	84	by this Act, applies to an employee who is enrolled in the training
85	85	program on or after the effective date of this Act.
86	86	SECTION 3. This Act takes effect September 1, 2023.