Texas 2025 - 89th Regular

Texas House Bill HB140 Compare Versions

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Old	New		Differences
1	1		89R3095 DNC-D
2	2		By: Noble H.B. No. 140
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the creation of the child and adult protective
8	10		investigations advisory committee in the Department of Family and
9	11		Protective Services.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
12	14		is amended by adding Section 40.031 to read as follows:
13	15		Sec. 40.031. CHILD AND ADULT PROTECTIVE INVESTIGATIONS
14	16		ADVISORY COMMITTEE. (a) The commissioner shall establish an
15	17		advisory committee on child and adult protective investigations to
16	18		improve the accuracy and standardization of the application of
17	19		investigative legal requirements and department investigative
18	20		policies and procedures during child or adult abuse, neglect, and
19	21		exploitation investigations. The advisory committee shall advise
20	22		the department on:
21	23		(1) developing policies and procedures to increase the
22	24		accuracy and consistency of abuse, neglect, and exploitation
23	25		investigation processes and procedures;
24	26		(2) developing a model for conducting investigations
25	27		that ensures compliance with due process requirements;
26	28		(3) developing a consistent engagement model for
27	29		interacting with legal advocates, courts, and judicial branch
28	30		procedures;
29	31		(4) developing effective training for all
30	32		investigative employees;
31	33		(5) increasing compliance with investigation
32	34		procedures and processes;
33	35		(6) developing a data-informed model for conducting
34	36		investigations; and
35	37		(7) providing a forum for public input on problems or
36	38		concerns related to investigations.
37	39		(b) The advisory committee shall:
38	40		(1) make recommendations for:
39	41		(A) conducting investigations;
40	42		(B) overseeing compliance with investigative
41	43		requirements under state and federal law;
42	44		(C) developing policies and procedures to
43	45		protect the due process rights of individuals subject to:
44	46		(i) adult abuse or neglect investigations;
45	47		and
46	48		(ii) child abuse or neglect investigations;
47	49		and
48	50		(D) consistently executing policies and
49	51		procedures across all department jurisdictions regardless of the
50	52		race, gender, age, and socioeconomic status of the subject of an
51	53		investigation;
52	54		(2) identify any challenges or barriers to:
53	55		(A) the standardization of investigative
54	56		practices and procedures; and
55	57		(B) the application and implementation in the
56	58		field of legal requirements and department investigative policies
57	59		and procedures in child or adult abuse and neglect investigations;
58	60		(3) make recommendations to address issues identified
59	61		under Subdivision (2), including any human resource accountability
60	62		measures to address those issues; and
61	63		(4) supervise any external organizations that
62	64		participate in the investigation processes and make
63	65		recommendations for legal procedures for the operations of those
64	66		organizations.
65	67		(c) The advisory committee is composed of the following 13
66	68		members:
67	69		(1) one member from the governor's office, who shall
68	70		serve as the chair, appointed by the governor;
69	71		(2) one member from the lieutenant governor's office,
70	72		who shall serve as the vice chair, appointed by the lieutenant
71	73		governor;
72	74		(3) one member from the office of the speaker of the
73	75		house of representatives appointed by the speaker;
74	76		(4) one member appointed by the commissioner;
75	77		(5) the department's deputy commissioner for child
76	78		protective investigations;
77	79		(6) a regional director of investigations appointed by
78	80		the commissioner;
79	81		(7) at least one child protective investigations
80	82		supervisor and investigator appointed by the commissioner from each
81	83		of the following:
82	84		(A) a rural region; and
83	85		(B) an urban region;
84	86		(8) a district judge appointed by the governor;
85	87		(9) one parent or caregiver, who has been involved in a
86	88		child protective services legal case, appointed by the
87	89		commissioner; and
88	90		(10) three members appointed by the commissioner who
89	91		are a current or former:
90	92		(A) county district attorney;
91	93		(B) attorney assigned to represent caregivers in
92	94		legal cases involving the department;
93	95		(C) attorney assigned to represent children in
94	96		legal cases involving the department;
95	97		(D) associate judge who hears or has heard child
96	98		protective services legal cases; or
97	99		(E) state or local law enforcement officer.
98	100		(d) In appointing the members of the advisory committee
99	101		under Subsection (c)(10), the commissioner may select only one
100	102		person from each group described by Subsection (c)(10)(A)-(E).
101	103		(e) An individual may not serve on the advisory committee as
102	104		a member appointed under Subsection (c)(1), (2), (3), (4), (8),
103	105		(9), or (10) if the individual is:
104	106		(1) employed by a state agency or contracts with the
105	107		department, child welfare vendors, or behavioral health providers
106	108		and organizations contracted with the department or the Health and
107	109		Human Services Commission, notwithstanding approved department
108	110		personnel; or
109	111		(2) related within the third degree of consanguinity
110	112		of individuals who work at the department or for organizations that
111	113		contract with the department or hold contracts with vendors of the
112	114		department, including vendors in community-based care.
113	115		(f) Members of the advisory committee shall recuse
114	116		themselves from the committee's deliberation regarding
115	117		recommendations that directly relate to a case that involves the
116	118		member.
117	119		(g) The chair of the advisory committee shall direct the
118	120		advisory committee and the department shall provide administrative
119	121		support and resources to the advisory committee as necessary for
120	122		the advisory committee to perform the advisory committee's duties
121	123		under this section.
122	124		(h) The advisory committee shall meet quarterly in Austin or
123	125		at another location determined by the chair. A meeting of the
124	126		advisory committee under this section is subject to Chapter 551,
125	127		Government Code. The advisory committee shall receive public
126	128		testimony at each public meeting. The department shall stream live
127	129		video and audio of each advisory committee meeting over the
128	130		Internet and make available on the department's Internet website
129	131		archived video and audio of each advisory committee meeting. The
130	132		department shall maintain the archived video and audio of the
131	133		meeting on the department's Internet website until the seventh
132	134		anniversary of the date of the meeting.
133	135		(i) Not later than August 31st of each year, the advisory
134	136		committee shall submit a report to the governor, the lieutenant
135	137		governor, the speaker of the house of representatives, members of
136	138		the legislature, and the commissioner. The department shall
137	139		publish the report on the department's Internet website. The
138	140		report must include the following information for the state and for
139	141		each department region:
140	142		(1) the number of:
141	143		(A) phone calls made to the agency that resulted
142	144		in an investigation for child or adult abuse or neglect;
143	145		(B) completed investigations for child or adult
144	146		abuse or neglect;
145	147		(C) each type of case disposition;
146	148		(D) administrative closures;
147	149		(E) abbreviated investigations;
148	150		(F) children removed from the child's home;
149	151		(G) children placed in foster care;
150	152		(H) cases in which the child was not removed from
151	153		the child's home but the family received family-based safety
152	154		services or family preservation services;
153	155		(I) cases per investigator in unspecialized
154	156		investigative units; and
155	157		(J) cases per investigator in specialized
156	158		investigative units;
157	159		(2) the average employment rate for unspecialized
158	160		investigators and supervisors and specialized investigators and
159	161		supervisors;
160	162		(3) the average amount of time to complete
161	163		investigations for each level of investigation;
162	164		(4) the total number of administrative reviews of
163	165		investigation findings and the results of those investigations for
164	166		that year;
165	167		(5) the number of complaints filed with the office of
166	168		consumer affairs of the department and the Office of Inspector
167	169		General;
168	170		(6) any identified challenges to:
169	171		(A) the standardization of an investigative
170	172		training program; and
171	173		(B) the application and implantation in the field
172	174		or of legal requirements and department investigative policies and
173	175		procedures in child or adult abuse and neglect investigations;
174	176		(7) the committee's recommendations for improving any
175	177		identified challenges under Subdivision (6), including any human
176	178		resource accountability measures to address those issues; and
177	179		(8) recommendations on human resource accountability
178	180		measures for individuals investigating or supervising the
179	181		investigation of cases of suspected child or adult abuse or
180	182		neglect.
181	183		(j) The advisory committee is abolished and this section
182	184		expires on September 1, 2029.
183	185		SECTION 2. This Act takes effect September 1, 2025.