89R3095 DNC-D
By: Noble H.B. No. 140
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the child and adult protective
investigations advisory committee in the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.031 to read as follows:
Sec. 40.031. CHILD AND ADULT PROTECTIVE INVESTIGATIONS
ADVISORY COMMITTEE. (a) The commissioner shall establish an
advisory committee on child and adult protective investigations to
improve the accuracy and standardization of the application of
investigative legal requirements and department investigative
policies and procedures during child or adult abuse, neglect, and
exploitation investigations. The advisory committee shall advise
the department on:
(1) developing policies and procedures to increase the
accuracy and consistency of abuse, neglect, and exploitation
investigation processes and procedures;
(2) developing a model for conducting investigations
that ensures compliance with due process requirements;
(3) developing a consistent engagement model for
interacting with legal advocates, courts, and judicial branch
procedures;
(4) developing effective training for all
investigative employees;
(5) increasing compliance with investigation
procedures and processes;
(6) developing a data-informed model for conducting
investigations; and
(7) providing a forum for public input on problems or
concerns related to investigations.
(b) The advisory committee shall:
(1) make recommendations for:
(A) conducting investigations;
(B) overseeing compliance with investigative
requirements under state and federal law;
(C) developing policies and procedures to
protect the due process rights of individuals subject to:
(i) adult abuse or neglect investigations;
and
(ii) child abuse or neglect investigations;
and
(D) consistently executing policies and
procedures across all department jurisdictions regardless of the
race, gender, age, and socioeconomic status of the subject of an
investigation;
(2) identify any challenges or barriers to:
(A) the standardization of investigative
practices and procedures; and
(B) the application and implementation in the
field of legal requirements and department investigative policies
and procedures in child or adult abuse and neglect investigations;
(3) make recommendations to address issues identified
under Subdivision (2), including any human resource accountability
measures to address those issues; and
(4) supervise any external organizations that
participate in the investigation processes and make
recommendations for legal procedures for the operations of those
organizations.
(c) The advisory committee is composed of the following 13
members:
(1) one member from the governor's office, who shall
serve as the chair, appointed by the governor;
(2) one member from the lieutenant governor's office,
who shall serve as the vice chair, appointed by the lieutenant
governor;
(3) one member from the office of the speaker of the
house of representatives appointed by the speaker;
(4) one member appointed by the commissioner;
(5) the department's deputy commissioner for child
protective investigations;
(6) a regional director of investigations appointed by
the commissioner;
(7) at least one child protective investigations
supervisor and investigator appointed by the commissioner from each
of the following:
(A) a rural region; and
(B) an urban region;
(8) a district judge appointed by the governor;
(9) one parent or caregiver, who has been involved in a
child protective services legal case, appointed by the
commissioner; and
(10) three members appointed by the commissioner who
are a current or former:
(A) county district attorney;
(B) attorney assigned to represent caregivers in
legal cases involving the department;
(C) attorney assigned to represent children in
legal cases involving the department;
(D) associate judge who hears or has heard child
protective services legal cases; or
(E) state or local law enforcement officer.
(d) In appointing the members of the advisory committee
under Subsection (c)(10), the commissioner may select only one
person from each group described by Subsection (c)(10)(A)-(E).
(e) An individual may not serve on the advisory committee as
a member appointed under Subsection (c)(1), (2), (3), (4), (8),
(9), or (10) if the individual is:
(1) employed by a state agency or contracts with the
department, child welfare vendors, or behavioral health providers
and organizations contracted with the department or the Health and
Human Services Commission, notwithstanding approved department
personnel; or
(2) related within the third degree of consanguinity
of individuals who work at the department or for organizations that
contract with the department or hold contracts with vendors of the
department, including vendors in community-based care.
(f) Members of the advisory committee shall recuse
themselves from the committee's deliberation regarding
recommendations that directly relate to a case that involves the
member.
(g) The chair of the advisory committee shall direct the
advisory committee and the department shall provide administrative
support and resources to the advisory committee as necessary for
the advisory committee to perform the advisory committee's duties
under this section.
(h) The advisory committee shall meet quarterly in Austin or
at another location determined by the chair. A meeting of the
advisory committee under this section is subject to Chapter 551,
Government Code. The advisory committee shall receive public
testimony at each public meeting. The department shall stream live
video and audio of each advisory committee meeting over the
Internet and make available on the department's Internet website
archived video and audio of each advisory committee meeting. The
department shall maintain the archived video and audio of the
meeting on the department's Internet website until the seventh
anniversary of the date of the meeting.
(i) Not later than August 31st of each year, the advisory
committee shall submit a report to the governor, the lieutenant
governor, the speaker of the house of representatives, members of
the legislature, and the commissioner. The department shall
publish the report on the department's Internet website. The
report must include the following information for the state and for
each department region:
(1) the number of:
(A) phone calls made to the agency that resulted
in an investigation for child or adult abuse or neglect;
(B) completed investigations for child or adult
abuse or neglect;
(C) each type of case disposition;
(D) administrative closures;
(E) abbreviated investigations;
(F) children removed from the child's home;
(G) children placed in foster care;
(H) cases in which the child was not removed from
the child's home but the family received family-based safety
services or family preservation services;
(I) cases per investigator in unspecialized
investigative units; and
(J) cases per investigator in specialized
investigative units;
(2) the average employment rate for unspecialized
investigators and supervisors and specialized investigators and
supervisors;
(3) the average amount of time to complete
investigations for each level of investigation;
(4) the total number of administrative reviews of
investigation findings and the results of those investigations for
that year;
(5) the number of complaints filed with the office of
consumer affairs of the department and the Office of Inspector
General;
(6) any identified challenges to:
(A) the standardization of an investigative
training program; and
(B) the application and implantation in the field
or of legal requirements and department investigative policies and
procedures in child or adult abuse and neglect investigations;
(7) the committee's recommendations for improving any
identified challenges under Subdivision (6), including any human
resource accountability measures to address those issues; and
(8) recommendations on human resource accountability
measures for individuals investigating or supervising the
investigation of cases of suspected child or adult abuse or
neglect.
(j) The advisory committee is abolished and this section
expires on September 1, 2029.
SECTION 2. This Act takes effect September 1, 2025.