1 | 1 | | 88R13731 BDP-F |
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2 | 2 | | By: Blanco S.B. No. 2443 |
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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 training program required for certain employees of |
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8 | 8 | | the Department of Family and Protective Services. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 40.035(a) and (b), Human Resources |
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11 | 11 | | Code, are amended to read as follows: |
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12 | 12 | | (a) The department shall develop and implement a training |
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13 | 13 | | program that each newly hired or assigned department employee must |
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14 | 14 | | successfully complete [before: |
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15 | 15 | | [(1) initiating an investigation of a report of |
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16 | 16 | | alleged abuse, neglect, or exploitation of an elderly person or |
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17 | 17 | | person with a disability under Chapter 48; or |
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18 | 18 | | [(2) providing protective services to elderly persons |
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19 | 19 | | or persons with disabilities under that chapter]. |
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20 | 20 | | (b) The training program must: |
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21 | 21 | | (1) provide the employee [person] with appropriate |
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22 | 22 | | comprehensive information regarding: |
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23 | 23 | | (A) the incidence and types of reports of abuse, |
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24 | 24 | | neglect, and exploitation of elderly persons or persons with |
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25 | 25 | | disabilities that are received by the department, including |
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26 | 26 | | information concerning false reports; and |
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27 | 27 | | (B) the use and proper implementation of: |
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28 | 28 | | (i) the risk assessment criteria developed |
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29 | 29 | | under Section 48.004; |
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30 | 30 | | (ii) the criteria used by caseworkers to |
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31 | 31 | | determine whether elderly persons or persons with disabilities lack |
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32 | 32 | | capacity to consent to receive protective services; and |
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33 | 33 | | (iii) the legal procedures available under |
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34 | 34 | | Chapter 48 for the protection of elderly persons or persons with |
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35 | 35 | | disabilities, including the procedures for obtaining a court order |
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36 | 36 | | for emergency protective services under Section 48.208; |
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37 | 37 | | (2) include best practices for management of a case |
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38 | 38 | | from the intake process to the provision of protective services, |
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39 | 39 | | including criteria that specify the circumstances under which an |
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40 | 40 | | employee should: |
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41 | 41 | | (A) consult a supervisor regarding a case; or |
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42 | 42 | | (B) refer an elderly person or person with a |
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43 | 43 | | disability to an appropriate public agency or community service |
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44 | 44 | | provider for guardianship or other long-term services after the |
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45 | 45 | | delivery of protective services to that person has been completed; |
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46 | 46 | | (3) provide appropriate specialized training in any |
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47 | 47 | | necessary topics, including: |
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48 | 48 | | (A) investigation of suspected identity theft |
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49 | 49 | | and other forms of financial exploitation and suspected |
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50 | 50 | | self-neglect; and |
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51 | 51 | | (B) establishment and maintenance of working |
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52 | 52 | | relationships with community organizations and other local |
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53 | 53 | | providers who provide services to elderly persons and persons with |
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54 | 54 | | disabilities; |
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55 | 55 | | (4) include on-the-job training, which must require |
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56 | 56 | | another department caseworker with more experience to accompany and |
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57 | 57 | | train the caseworker in the field; |
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58 | 58 | | (5) provide for the development of individualized |
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59 | 59 | | training plans; |
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60 | 60 | | (6) include training in working with law enforcement |
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61 | 61 | | agencies and the court system when legal intervention is sought for |
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62 | 62 | | investigations or emergency orders; |
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63 | 63 | | (7) to the maximum extent possible, include nationally |
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64 | 64 | | recognized best practices in addition to the best practices |
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65 | 65 | | required under Subdivision (2); and |
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66 | 66 | | (8) include testing, progress reports, or other |
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67 | 67 | | evaluations to assess the performance of trainees. |
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68 | 68 | | SECTION 2. Section 40.035, Human Resources Code, as amended |
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69 | 69 | | by this Act, applies to an employee who is enrolled in the training |
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70 | 70 | | program on or after the effective date of this Act. |
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71 | 71 | | SECTION 3. This Act takes effect September 1, 2023. |
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