S.B. No. 2261
AN ACT
relating to the training program required for certain employees of
the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 40.035, Human Resources Code, is amended
by amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) The department shall develop and implement a training
program that, except as provided by Subsection (a-1), each newly
hired or assigned department employee must successfully complete
before:
(1) initiating an investigation of a report of alleged
abuse, neglect, or exploitation of an elderly person or person with
a disability under Chapter 48; or
(2) providing protective services to elderly persons
or persons with disabilities under that chapter.
(a-1) A newly hired or assigned department employee may
initiate an investigation of a report of alleged abuse, neglect, or
exploitation of an elderly person or a person with a disability
under Chapter 48 or provide protective services to an elderly
person or a person with a disability under that chapter only if the
employee:
(1) is in the process of receiving the training
required by Subsection (a); and
(2) initiates the investigation or provides
protective services under the direct supervision of the person who
is providing the training to the employee.
(b) The training program must:
(1) provide the employee [person] with appropriate
comprehensive information regarding:
(A) the incidence and types of reports of abuse,
neglect, and exploitation of elderly persons or persons with
disabilities that are received by the department, including
information concerning false reports; and
(B) the use and proper implementation of:
(i) the risk assessment criteria developed
under Section 48.004;
(ii) the criteria used by caseworkers to
determine whether elderly persons or persons with disabilities lack
capacity to consent to receive protective services; and
(iii) the legal procedures available under
Chapter 48 for the protection of elderly persons or persons with
disabilities, including the procedures for obtaining a court order
for emergency protective services under Section 48.208;
(2) include best practices for management of a case
from the intake process to the provision of protective services,
including criteria that specify the circumstances under which an
employee should:
(A) consult a supervisor regarding a case; or
(B) refer an elderly person or person with a
disability to an appropriate public agency or community service
provider for guardianship or other long-term services after the
delivery of protective services to that person has been completed;
(3) provide appropriate specialized training in any
necessary topics, including:
(A) investigation of suspected identity theft
and other forms of financial exploitation and suspected
self-neglect; and
(B) establishment and maintenance of working
relationships with community organizations and other local
providers who provide services to elderly persons and persons with
disabilities;
(4) include on-the-job training, which must require
another department caseworker with more experience to accompany and
train the caseworker in the field;
(5) provide for the development of individualized
training plans;
(6) include training in working with law enforcement
agencies and the court system when legal intervention is sought for
investigations or emergency orders;
(7) to the maximum extent possible, include nationally
recognized best practices in addition to the best practices
required under Subdivision (2); and
(8) include testing, progress reports, or other
evaluations to assess the performance of trainees.
SECTION 2. Section 40.035, Human Resources Code, as amended
by this Act, applies to an employee who is enrolled in the training
program on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2261 passed the Senate on
April 20, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2261 passed the House on
May 12, 2023, by the following vote: Yeas 138, Nays 2,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor