Texas 2023 - 88th Regular

Texas Senate Bill SB2261 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2261
2	2
3	3
4	4	AN ACT
5	5	relating to the training program required for certain employees of
6	6	the Department of Family and Protective Services.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 40.035, Human Resources Code, is amended
9	9	by amending Subsections (a) and (b) and adding Subsection (a-1) to
10	10	read as follows:
11	11	(a) The department shall develop and implement a training
12	12	program that, except as provided by Subsection (a-1), each newly
13	13	hired or assigned department employee must successfully complete
14	14	before:
15	15	(1) initiating an investigation of a report of alleged
16	16	abuse, neglect, or exploitation of an elderly person or person with
17	17	a disability under Chapter 48; or
18	18	(2) providing protective services to elderly persons
19	19	or persons with disabilities under that chapter.
20	20	(a-1) A newly hired or assigned department employee may
21	21	initiate an investigation of a report of alleged abuse, neglect, or
22	22	exploitation of an elderly person or a person with a disability
23	23	under Chapter 48 or provide protective services to an elderly
24	24	person or a person with a disability under that chapter only if the
25	25	employee:
26	26	(1) is in the process of receiving the training
27	27	required by Subsection (a); and
28	28	(2) initiates the investigation or provides
29	29	protective services under the direct supervision of the person who
30	30	is providing the training to the employee.
31	31	(b) The training program must:
32	32	(1) provide the employee [person] with appropriate
33	33	comprehensive information regarding:
34	34	(A) the incidence and types of reports of abuse,
35	35	neglect, and exploitation of elderly persons or persons with
36	36	disabilities that are received by the department, including
37	37	information concerning false reports; and
38	38	(B) the use and proper implementation of:
39	39	(i) the risk assessment criteria developed
40	40	under Section 48.004;
41	41	(ii) the criteria used by caseworkers to
42	42	determine whether elderly persons or persons with disabilities lack
43	43	capacity to consent to receive protective services; and
44	44	(iii) the legal procedures available under
45	45	Chapter 48 for the protection of elderly persons or persons with
46	46	disabilities, including the procedures for obtaining a court order
47	47	for emergency protective services under Section 48.208;
48	48	(2) include best practices for management of a case
49	49	from the intake process to the provision of protective services,
50	50	including criteria that specify the circumstances under which an
51	51	employee should:
52	52	(A) consult a supervisor regarding a case; or
53	53	(B) refer an elderly person or person with a
54	54	disability to an appropriate public agency or community service
55	55	provider for guardianship or other long-term services after the
56	56	delivery of protective services to that person has been completed;
57	57	(3) provide appropriate specialized training in any
58	58	necessary topics, including:
59	59	(A) investigation of suspected identity theft
60	60	and other forms of financial exploitation and suspected
61	61	self-neglect; and
62	62	(B) establishment and maintenance of working
63	63	relationships with community organizations and other local
64	64	providers who provide services to elderly persons and persons with
65	65	disabilities;
66	66	(4) include on-the-job training, which must require
67	67	another department caseworker with more experience to accompany and
68	68	train the caseworker in the field;
69	69	(5) provide for the development of individualized
70	70	training plans;
71	71	(6) include training in working with law enforcement
72	72	agencies and the court system when legal intervention is sought for
73	73	investigations or emergency orders;
74	74	(7) to the maximum extent possible, include nationally
75	75	recognized best practices in addition to the best practices
76	76	required under Subdivision (2); and
77	77	(8) include testing, progress reports, or other
78	78	evaluations to assess the performance of trainees.
79	79	SECTION 2. Section 40.035, Human Resources Code, as amended
80	80	by this Act, applies to an employee who is enrolled in the training
81	81	program on or after the effective date of this Act.
82	82	SECTION 3. This Act takes effect September 1, 2023.
83	83	______________________________ ______________________________
84	84	President of the Senate Speaker of the House
85	85	I hereby certify that S.B. No. 2261 passed the Senate on
86	86	April 20, 2023, by the following vote: Yeas 31, Nays 0.
87	87	______________________________
88	88	Secretary of the Senate
89	89	I hereby certify that S.B. No. 2261 passed the House on
90	90	May 12, 2023, by the following vote: Yeas 138, Nays 2,
91	91	two present not voting.
92	92	______________________________
93	93	Chief Clerk of the House
94	94	Approved:
95	95	______________________________
96	96	Date
97	97	______________________________
98	98	Governor