88R14792 AMF-F
By: Gates H.B. No. 5176
A BILL TO BE ENTITLED
AN ACT
relating to an annual report published by the Department of Family
and Protective Services regarding child protective services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 40.0516(a), Human Resources Code, is
amended to read as follows:
(a) The department shall collect and compile the following
data on the state and county level:
(1) the following information for reports of abuse and
neglect in residential child-care facilities, as defined by Section
42.002:
(A) the number of reports of abuse and neglect
made to the department hotline;
(B) the types of abuse and neglect reported;
(C) the investigation priority level assigned to
each report;
(D) the investigation response times, sorted by
investigation priority;
(E) the disposition of each investigation;
(F) the number of reports of abuse and neglect to
which the department assigned a disposition of call screened out or
alternative or differential response provided; and
(G) the overall safety and risk finding for each
investigation;
(2) the number of families referred to family
preservation services, organized by the risk level assigned to each
family through structured decision-making;
(3) the number of children removed from the child's
home as the result of an investigation of a report of abuse or
neglect and the primary circumstances that contributed to the
removal;
(4) the number of children placed in substitute care,
organized by type of placement;
(5) the number of children placed out of the child's
home county or region;
(6) the number of children in the conservatorship of
the department at each service level;
(7) the number of children in the conservatorship of
the department who are pregnant or who are a parent;
(8) the number of children in the managing
conservatorship of the department who are the parent of a child who
is also in the managing conservatorship of the department;
(9) the recurrence of child abuse or neglect in a
household in which the department investigated a report of abuse or
neglect within six months and one year of the date the case was
closed separated by the following type of case:
(A) cases that were administratively closed
without further action;
(B) cases in which the child was removed and
placed in the managing conservatorship of the department; and
(C) cases in which the department provided family
preservation services;
(10) the recurrence of child abuse and neglect in a
household within five years of the date the case was closed for
cases described by Subdivisions (9)(B) and (C); [and]
(11) workforce turnover data for child protective
services employees, including the average tenure of caseworkers and
supervisors and the average salary of caseworkers and supervisors;
(12) the number of cases in which the department
interviewed the alleged perpetrator and, of those cases:
(A) the number of cases in which the alleged
perpetrator was informed of the alleged perpetrator's right to:
(i) record the interview under Section
261.3027, Family Code; and
(ii) request an administrative review of
the department's findings under Section 261.309, Family Code;
(B) the number of cases in which the alleged
perpetrator signed the department's form informing the alleged
perpetrator of the alleged perpetrator's rights prior to the
interview; and
(C) the number of cases in which the department's
form informing the alleged perpetrator of the alleged perpetrator's
rights is included in the department's records for that case;
(13) for each case in which an investigation of child
abuse or neglect resulted in a disposition of reason to believe
abuse or neglect occurred:
(A) the number of cases in which the department
was granted temporary managing conservatorship of the child and, of
those cases, the number of children placed:
(i) in foster care;
(ii) with a relative caregiver; and
(iii) with a designated caregiver;
(B) the number of cases in which the department
entered into a parental child safety placement agreement with a
parent or other person with whom the child resides under Section
264.902, Family Code, and, of those cases, the number of children
placed with a parental child safety placement caregiver who is:
(i) a relative;
(ii) a close friend; or
(iii) someone other than an individual
listed in Subparagraph (i) or (ii); and
(C) the number of cases in which the child
remained with the child's parent or other person with whom the child
resides;
(14) the number of cases in which a suit was filed
after a child was taken into possession without a court order by a
governmental entity in which the initial hearing was ex parte and,
of those cases:
(A) the number of cases in which the court
granted temporary managing conservatorship of the child to the
department; and
(B) the number of cases in which the court
ordered the return of the child;
(15) the number of cases in which the department filed
a petition for the removal of the alleged perpetrator from the
residence of the child and, of those cases:
(A) the number of cases in which the court issued
a temporary restraining order under Section 262.1015, Family Code,
or any other order requiring the removal of an alleged perpetrator
from the residence of a child; and
(B) the number of cases in which the court did not
issue a temporary restraining order under Section 262.1015, Family
Code, or any other order requiring the removal of an alleged
perpetrator from the residence of a child;
(16) the number of cases in which the department
filed, at the full adversary hearing under Section 262.201, Family
Code:
(A) a copy of each proposed child placement
resources form completed by the parent or other person having legal
custody of the child;
(B) a copy of any completed home study performed
under Section 262.114, Family Code; and
(C) the name of the relative or other designated
caregiver, if any, with whom the child has been placed;
(17) for suits in which a full adversary hearing is
held under Section 262.201, Family Code, the number of cases in
which a child was placed:
(A) with a person related to the child by blood,
marriage, or adoption;
(B) with a person with whom the child has a
long-standing and significant relationship;
(C) in a foster home;
(D) in a general residential operation; or
(E) in another placement;
(18) for cases in which a court ordered the placement
of a child with a caregiver other than the child's parent, the
number of placements the court did not complete and the number the
court completed in the following time frames:
(A) before the end of the fifth day after the date
the court rendered the order;
(B) after the fifth day but before the end of the
15th day after the date the court rendered the order;
(C) after the 15th day but before the end of the
60th day after the date the court rendered the order; or
(D) after the 60th day after the date the court
rendered the order; and
(19) the number of cases in which the department
entered into a parental child safety placement agreement with a
parent or other person with whom the child resides under Section
264.902, Family Code, and, of those cases:
(A) the number of children placed with a parental
child safety placement caregiver who is:
(i) a relative;
(ii) a close friend; or
(iii) someone other than an individual
listed in Subparagraph (i) or (ii);
(B) the number of cases in which the parental
child safety placement agreement was terminated:
(i) before the end of the 60th day after the
date the department entered into the agreement; and
(ii) after the 60th day after the date the
department entered into the agreement; and
(C) after the agreement terminated, the number of
children that:
(i) were returned to a parent;
(ii) entered foster care under a court
order;
(iii) were placed with a relative caregiver
under a court order;
(iv) were placed with a designated
caregiver under a court order;
(v) were placed with a person other than a
person described by Subparagraphs (i) through (iv) under a court
order; and
(vi) were placed with a person without a
court order.
SECTION 2. This Act takes effect September 1, 2023.