Texas 2025 89th Regular

Texas House Bill HB451 Analysis / Analysis

Filed 04/02/2025

                    BILL ANALYSIS             C.S.H.B. 451     By: Thompson     Human Services     Committee Report (Substituted)             BACKGROUND AND PURPOSE    According to the U.S. Department of Health and Human Services' Administration for Children and Families, up to half of child sex trafficking victims have spent time in the foster care system. The Child Sex Trafficking Prevention Unit within the governor's criminal justice division identified a validated and applicable universal screening tool for children ages 10 and up. The Office of the Governor worked with both the Department of Family and Protective Services (DFPS) and juvenile probation departments to implement screening for the most at-risk children. Despite the tool's current use, significant gaps in screening remain. According to data provided by DFPS, only 386 children were screened by DFPS in 2022, a fraction of the total number of children in foster care that year.    C.S.H.B. 451 seeks to require DFPS, for purposes of preventing children from falling through the cracks, avoiding further victimization, and better protecting children in the state's care, to screen children for risk of commercial sexual exploitation within 45 days of entering the state's conservatorship using a validated and evidence-informed screening tool, if validation guidelines based on the child's age indicate the screening is appropriate or concerns of commercial sexual exploitation exist. C.S.H.B. 451 also requires a risk and needs assessment completed by a juvenile probation department for each child under the department's jurisdiction to include a screening for the risk of commercial sexual exploitation using a validated, evidence-informed tool. The bill makes the governor's Child Sex Trafficking Prevention Unit, as outlined in the bill, responsible for selecting the screening tool.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    C.S.H.B. 451 amends the Family Code to require a child who enters the conservatorship of the Department of Family and Protective Services (DFPS) to receive, not later than the 45th day after the date the child enters the conservatorship, a screening for risk of commercial sexual exploitation using a validated, evidence-informed tool selected by the Child Sex Trafficking Prevention Unit within the governor's criminal justice division if one of the following conditions applies:        validation guidelines based on the child's age indicate the screening is appropriate; or         concerns of commercial sexual exploitation exist.    C.S.H.B. 451 amends the Human Resources Code to require a risk and needs assessment completed by a juvenile probation department for each child under the department's jurisdiction to include the screening specified under the bill's provisions.       EFFECTIVE DATE    September 1, 2025.       COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 451 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   Whereas the introduced required a screening for risk of commercial sexual exploitation to be included in the developmentally appropriate comprehensive assessment received by a child after entering DFPS conservatorship, the substitute requires a child to receive the screening after entering DFPS conservatorship if one of the following conditions, which were absent from the introduced, applies:        validation guidelines based on the child's age indicate the screening is appropriate; or        concerns of commercial sexual exploitation exist.    With respect to the tool used by DFPS for the screening, the introduced specified that the tool is a validated screening tool, while the substitute specifies that the tool is a validated, evidence-informed tool.   With respect to the tool used by a juvenile probation department for the screening, the introduced specified that the tool is a screening tool, while the substitute specifies that the tool is a validated, evidence-informed tool.                                              

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

C.S.H.B. 451
By: Thompson
Human Services
Committee Report (Substituted)

C.S.H.B. 451

By: Thompson

Human Services

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE    According to the U.S. Department of Health and Human Services' Administration for Children and Families, up to half of child sex trafficking victims have spent time in the foster care system. The Child Sex Trafficking Prevention Unit within the governor's criminal justice division identified a validated and applicable universal screening tool for children ages 10 and up. The Office of the Governor worked with both the Department of Family and Protective Services (DFPS) and juvenile probation departments to implement screening for the most at-risk children. Despite the tool's current use, significant gaps in screening remain. According to data provided by DFPS, only 386 children were screened by DFPS in 2022, a fraction of the total number of children in foster care that year.    C.S.H.B. 451 seeks to require DFPS, for purposes of preventing children from falling through the cracks, avoiding further victimization, and better protecting children in the state's care, to screen children for risk of commercial sexual exploitation within 45 days of entering the state's conservatorship using a validated and evidence-informed screening tool, if validation guidelines based on the child's age indicate the screening is appropriate or concerns of commercial sexual exploitation exist. C.S.H.B. 451 also requires a risk and needs assessment completed by a juvenile probation department for each child under the department's jurisdiction to include a screening for the risk of commercial sexual exploitation using a validated, evidence-informed tool. The bill makes the governor's Child Sex Trafficking Prevention Unit, as outlined in the bill, responsible for selecting the screening tool.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    C.S.H.B. 451 amends the Family Code to require a child who enters the conservatorship of the Department of Family and Protective Services (DFPS) to receive, not later than the 45th day after the date the child enters the conservatorship, a screening for risk of commercial sexual exploitation using a validated, evidence-informed tool selected by the Child Sex Trafficking Prevention Unit within the governor's criminal justice division if one of the following conditions applies:        validation guidelines based on the child's age indicate the screening is appropriate; or         concerns of commercial sexual exploitation exist.    C.S.H.B. 451 amends the Human Resources Code to require a risk and needs assessment completed by a juvenile probation department for each child under the department's jurisdiction to include the screening specified under the bill's provisions.
EFFECTIVE DATE    September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 451 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   Whereas the introduced required a screening for risk of commercial sexual exploitation to be included in the developmentally appropriate comprehensive assessment received by a child after entering DFPS conservatorship, the substitute requires a child to receive the screening after entering DFPS conservatorship if one of the following conditions, which were absent from the introduced, applies:        validation guidelines based on the child's age indicate the screening is appropriate; or        concerns of commercial sexual exploitation exist.    With respect to the tool used by DFPS for the screening, the introduced specified that the tool is a validated screening tool, while the substitute specifies that the tool is a validated, evidence-informed tool.   With respect to the tool used by a juvenile probation department for the screening, the introduced specified that the tool is a screening tool, while the substitute specifies that the tool is a validated, evidence-informed tool.

BACKGROUND AND PURPOSE 

 

According to the U.S. Department of Health and Human Services' Administration for Children and Families, up to half of child sex trafficking victims have spent time in the foster care system. The Child Sex Trafficking Prevention Unit within the governor's criminal justice division identified a validated and applicable universal screening tool for children ages 10 and up. The Office of the Governor worked with both the Department of Family and Protective Services (DFPS) and juvenile probation departments to implement screening for the most at-risk children. Despite the tool's current use, significant gaps in screening remain. According to data provided by DFPS, only 386 children were screened by DFPS in 2022, a fraction of the total number of children in foster care that year. 

 

C.S.H.B. 451 seeks to require DFPS, for purposes of preventing children from falling through the cracks, avoiding further victimization, and better protecting children in the state's care, to screen children for risk of commercial sexual exploitation within 45 days of entering the state's conservatorship using a validated and evidence-informed screening tool, if validation guidelines based on the child's age indicate the screening is appropriate or concerns of commercial sexual exploitation exist. C.S.H.B. 451 also requires a risk and needs assessment completed by a juvenile probation department for each child under the department's jurisdiction to include a screening for the risk of commercial sexual exploitation using a validated, evidence-informed tool. The bill makes the governor's Child Sex Trafficking Prevention Unit, as outlined in the bill, responsible for selecting the screening tool. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

C.S.H.B. 451 amends the Family Code to require a child who enters the conservatorship of the Department of Family and Protective Services (DFPS) to receive, not later than the 45th day after the date the child enters the conservatorship, a screening for risk of commercial sexual exploitation using a validated, evidence-informed tool selected by the Child Sex Trafficking Prevention Unit within the governor's criminal justice division if one of the following conditions applies:

       validation guidelines based on the child's age indicate the screening is appropriate; or 

       concerns of commercial sexual exploitation exist. 

 

C.S.H.B. 451 amends the Human Resources Code to require a risk and needs assessment completed by a juvenile probation department for each child under the department's jurisdiction to include the screening specified under the bill's provisions.

 

EFFECTIVE DATE 

 

September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 451 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

Whereas the introduced required a screening for risk of commercial sexual exploitation to be included in the developmentally appropriate comprehensive assessment received by a child after entering DFPS conservatorship, the substitute requires a child to receive the screening after entering DFPS conservatorship if one of the following conditions, which were absent from the introduced, applies:

       validation guidelines based on the child's age indicate the screening is appropriate; or

       concerns of commercial sexual exploitation exist. 

 

With respect to the tool used by DFPS for the screening, the introduced specified that the tool is a validated screening tool, while the substitute specifies that the tool is a validated, evidence-informed tool.

 

With respect to the tool used by a juvenile probation department for the screening, the introduced specified that the tool is a screening tool, while the substitute specifies that the tool is a validated, evidence-informed tool.