1 | 1 | | 89R3730 RAL-D |
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2 | 2 | | By: Gervin-Hawkins H.B. No. 1440 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the Department of Family and Protective Services' |
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10 | 10 | | annual report of key performance measures and data elements for |
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11 | 11 | | child protection; authorizing a penalty. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 264.001, Family Code, is amended by |
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14 | 14 | | adding Subdivision (6) to read as follows: |
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15 | 15 | | (6) "Substitute care" has the meaning assigned by |
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16 | 16 | | Section 263.001. |
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17 | 17 | | SECTION 2. Section 264.017, Family Code, is amended by |
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18 | 18 | | amending Subsection (b) and adding Subsection (g) to read as |
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19 | 19 | | follows: |
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20 | 20 | | (b) The department shall provide the report required by |
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21 | 21 | | Subsection (a) to the legislature and shall publish the report and |
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22 | 22 | | make the report available electronically to the public, including |
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23 | 23 | | by posting the report on the department's Internet website, not |
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24 | 24 | | later than February 1 of each year. The report must include, with |
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25 | 25 | | respect to the preceding year: |
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26 | 26 | | (1) information on the number and disposition of |
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27 | 27 | | reports of child abuse and neglect received by the department; |
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28 | 28 | | (2) information on the number of children [clients] |
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29 | 29 | | for whom the department took protective action, including |
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30 | 30 | | investigations, alternative responses, and court-ordered removals; |
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31 | 31 | | (3) information on the number of children [clients] |
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32 | 32 | | for whom the department provided services in each program |
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33 | 33 | | administered by the child protective services division, including |
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34 | 34 | | investigations, alternative responses, family-based safety |
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35 | 35 | | services, conservatorship, post-adoption services, and |
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36 | 36 | | transitional living services; |
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37 | 37 | | (4) the number of children in this state who died as a |
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38 | 38 | | result of child abuse or neglect; |
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39 | 39 | | (5) the number of children described by Subdivision |
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40 | 40 | | (4) for whom the department was the children's managing conservator |
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41 | 41 | | at the time of death; |
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42 | 42 | | (6) information on the timeliness of the department's |
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43 | 43 | | initial contact in an investigation or alternative response; |
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44 | 44 | | (7) information on the response time by the department |
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45 | 45 | | in commencing services to families and children for whom an |
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46 | 46 | | allegation of child abuse or neglect has been made; |
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47 | 47 | | (8) information regarding child protection staffing |
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48 | 48 | | and caseloads by program area; |
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49 | 49 | | (9) information on the permanency goals in place and |
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50 | 50 | | achieved for children in the managing conservatorship of the |
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51 | 51 | | department, including information on the timeliness of achieving |
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52 | 52 | | the goals, the stability of the children's placement in foster |
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53 | 53 | | care, and the proximity of placements to the children's home |
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54 | 54 | | counties; |
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55 | 55 | | (10) the number of children who suffer from a severe |
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56 | 56 | | emotional disturbance and for whom the department is appointed |
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57 | 57 | | managing conservator, including statistics on appointments as |
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58 | 58 | | joint managing conservator, due to an individual voluntarily |
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59 | 59 | | relinquishing custody of a child solely to obtain mental health |
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60 | 60 | | services for the child; |
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61 | 61 | | (11) the number of children who are pregnant or a |
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62 | 62 | | parent while in the managing conservatorship of the department and |
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63 | 63 | | the number of the children born to a parent in the managing |
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64 | 64 | | conservatorship of the department who are placed in the managing |
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65 | 65 | | conservatorship of the department; |
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66 | 66 | | (12) the number of children who are missing from the |
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67 | 67 | | children's substitute care provider while in the managing |
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68 | 68 | | conservatorship of the department; [and] |
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69 | 69 | | (13) of the children identified under Subdivision |
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70 | 70 | | (12): |
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71 | 71 | | (A) the number of children who were located and |
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72 | 72 | | returned to substitute care; |
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73 | 73 | | (B) the actions taken by the department to locate |
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74 | 74 | | those children; and |
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75 | 75 | | (C) the outcome of each child's case; |
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76 | 76 | | (14) the number of children who were victims of |
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77 | 77 | | trafficking under Chapter 20A, Penal Code, while in the managing |
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78 | 78 | | conservatorship of the department; |
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79 | 79 | | (15) of the children identified under Subdivision |
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80 | 80 | | (14): |
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81 | 81 | | (A) the actions taken by the department to |
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82 | 82 | | resolve each case; and |
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83 | 83 | | (B) the outcome of each child's case; |
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84 | 84 | | (16) information on the program under Subchapter I, |
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85 | 85 | | including: |
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86 | 86 | | (A) the number of children placed with a relative |
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87 | 87 | | or designated caregiver; |
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88 | 88 | | (B) the percentage of children in the managing |
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89 | 89 | | conservatorship of the department who are placed with a relative or |
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90 | 90 | | designated caregiver; |
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91 | 91 | | (C) statistics on the age and race of the |
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92 | 92 | | children placed with a relative or designated caregiver; |
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93 | 93 | | (D) the number of children placed with a relative |
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94 | 94 | | or designated caregiver who were part of a sibling group; |
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95 | 95 | | (E) the number of relative or designated |
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96 | 96 | | caregivers who receive financial assistance; and |
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97 | 97 | | (F) outcome information for children placed with |
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98 | 98 | | a relative or designated caregiver including: |
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99 | 99 | | (i) how many months children spent with a |
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100 | 100 | | relative or designated caregiver before a case was closed; |
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101 | 101 | | (ii) the rates of types of resolutions for |
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102 | 102 | | closed cases; and |
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103 | 103 | | (iii) statistics comparing the outcomes for |
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104 | 104 | | relative or designated caregiver placements with and without |
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105 | 105 | | financial assistance; |
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106 | 106 | | (17) information on the number of substitute care |
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107 | 107 | | providers, other than relative or designated caregivers, who |
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108 | 108 | | received financial assistance; |
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109 | 109 | | (18) the number of complaints brought against |
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110 | 110 | | substitute care providers; |
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111 | 111 | | (19) the number of children in relative or designated |
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112 | 112 | | caregiver placements reunified with their families; and |
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113 | 113 | | (20) the number of children in substitute care, other |
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114 | 114 | | than relative or designated caregiver placements, reunified with |
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115 | 115 | | their families. |
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116 | 116 | | (g) The comptroller shall assess a penalty against the |
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117 | 117 | | department in the amount of $1,000 for each day after February 1 the |
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118 | 118 | | department has not filed the report under Subsection (b). The |
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119 | 119 | | comptroller shall reallocate the amount assessed as a penalty under |
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120 | 120 | | this subsection as necessary to allow the department to use the |
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121 | 121 | | money to provide monetary assistance to relative and other |
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122 | 122 | | designated caregivers under Section 264.755. |
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123 | 123 | | SECTION 3. This Act takes effect September 1, 2025. |
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