Texas 2023 - 88th Regular

Texas Senate Bill SB2443 Compare Versions

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11 88R13731 BDP-F
22 By: Blanco S.B. No. 2443
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the training program required for certain employees of
88 the Department of Family and Protective Services.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 40.035(a) and (b), Human Resources
1111 Code, are amended to read as follows:
1212 (a) The department shall develop and implement a training
1313 program that each newly hired or assigned department employee must
1414 successfully complete [before:
1515 [(1) initiating an investigation of a report of
1616 alleged abuse, neglect, or exploitation of an elderly person or
1717 person with a disability under Chapter 48; or
1818 [(2) providing protective services to elderly persons
1919 or persons with disabilities under that chapter].
2020 (b) The training program must:
2121 (1) provide the employee [person] with appropriate
2222 comprehensive information regarding:
2323 (A) the incidence and types of reports of abuse,
2424 neglect, and exploitation of elderly persons or persons with
2525 disabilities that are received by the department, including
2626 information concerning false reports; and
2727 (B) the use and proper implementation of:
2828 (i) the risk assessment criteria developed
2929 under Section 48.004;
3030 (ii) the criteria used by caseworkers to
3131 determine whether elderly persons or persons with disabilities lack
3232 capacity to consent to receive protective services; and
3333 (iii) the legal procedures available under
3434 Chapter 48 for the protection of elderly persons or persons with
3535 disabilities, including the procedures for obtaining a court order
3636 for emergency protective services under Section 48.208;
3737 (2) include best practices for management of a case
3838 from the intake process to the provision of protective services,
3939 including criteria that specify the circumstances under which an
4040 employee should:
4141 (A) consult a supervisor regarding a case; or
4242 (B) refer an elderly person or person with a
4343 disability to an appropriate public agency or community service
4444 provider for guardianship or other long-term services after the
4545 delivery of protective services to that person has been completed;
4646 (3) provide appropriate specialized training in any
4747 necessary topics, including:
4848 (A) investigation of suspected identity theft
4949 and other forms of financial exploitation and suspected
5050 self-neglect; and
5151 (B) establishment and maintenance of working
5252 relationships with community organizations and other local
5353 providers who provide services to elderly persons and persons with
5454 disabilities;
5555 (4) include on-the-job training, which must require
5656 another department caseworker with more experience to accompany and
5757 train the caseworker in the field;
5858 (5) provide for the development of individualized
5959 training plans;
6060 (6) include training in working with law enforcement
6161 agencies and the court system when legal intervention is sought for
6262 investigations or emergency orders;
6363 (7) to the maximum extent possible, include nationally
6464 recognized best practices in addition to the best practices
6565 required under Subdivision (2); and
6666 (8) include testing, progress reports, or other
6767 evaluations to assess the performance of trainees.
6868 SECTION 2. Section 40.035, Human Resources Code, as amended
6969 by this Act, applies to an employee who is enrolled in the training
7070 program on or after the effective date of this Act.
7171 SECTION 3. This Act takes effect September 1, 2023.