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A BILL TO BE ENTITLED
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AN ACT
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relating to child protective services and employees of the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 61, Education Code, is amended by adding |
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Subchapter N to read as follows: |
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SUBCHAPTER N. REPAYMENT ASSISTANCE FOR CERTAIN DEPARTMENT OF |
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FAMILY AND PROTECTIVE SERVICES EMPLOYEES |
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Sec. 61.731. REPAYMENT ASSISTANCE AUTHORIZED. The board |
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shall establish a program to provide, using funds appropriated for |
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that purpose and in accordance with this subchapter and rules of the |
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board, assistance in the repayment of student loans for employees |
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of the Department of Family and Protective Services who apply and |
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qualify for the assistance. |
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Sec. 61.732. ELIGIBILITY. (a) To be eligible to receive |
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repayment assistance, a person must: |
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(1) apply to the board; and |
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(2) have been employed for at least one year as, and be |
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currently employed full-time at the Department of Family and |
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Protective Services as: |
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(A) a child protective services family-based |
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safety services caseworker; |
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(B) a child protective services investigator; |
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(C) a child-care licensing investigator or |
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inspector; or |
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(D) a residential child-care licensing |
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investigator or inspector. |
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(b) In awarding repayment assistance to first-time |
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applicants, the board shall give priority to applicants who |
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demonstrate financial need. |
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Sec. 61.733. AMOUNT OF REPAYMENT ASSISTANCE; LIMITATION. |
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(a) For each year that a person meets the eligibility requirements |
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provided by Section 61.732, the person may receive repayment |
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assistance under this subchapter in an amount determined by board |
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rule, not to exceed $2,500. |
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(b) A person may not receive repayment assistance under this |
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subchapter for more than four years. |
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(c) If the money available for repayment assistance in a |
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period for which assistance is awarded is insufficient to provide |
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assistance to all eligible applicants described by Section |
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61.732(b), the board shall award repayment assistance to eligible |
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applicants by prioritizing awards to applicants employed in regions |
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of this state experiencing the highest turnover. |
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Sec. 61.734. ELIGIBLE LOANS. (a) The board may provide |
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repayment assistance for the repayment of any student loan for |
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education at a public or private institution of higher education, |
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including loans for undergraduate education and graduate |
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education, issued through any lender. |
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(b) The board may not provide repayment assistance for a |
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student loan that is in default at the time of the person's |
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application. |
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Sec. 61.735. REPAYMENT. (a) The board shall deliver any |
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repayment assistance made under this subchapter in a lump sum |
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directly to the lender or other holder of the loan on the person's |
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behalf and in accordance with any applicable federal law. |
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(b) Repayment assistance received under this subchapter may |
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be applied to the principal amount of the loan and to interest that |
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accrues. |
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Sec. 61.736. FUNDING. (a) The repayment assistance |
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program established by this subchapter is funded only from |
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appropriations made specifically to fund the program and from |
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gifts, grants, and donations. The board shall attempt to provide |
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repayment assistance in each state fiscal biennium in amounts |
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sufficient to use all amounts appropriated for the program in that |
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biennium. |
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(b) The board may solicit and accept gifts, grants, and |
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donations from any public or private source for the purposes of this |
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subchapter. |
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Sec. 61.737. RULES. (a) The board shall adopt rules |
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necessary for the administration of this subchapter, including a |
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rule that establishes the amount of repayment assistance awarded to |
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eligible persons each year. |
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(b) The board shall distribute to each institution of higher |
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education, the Department of Family and Protective Services, and |
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appropriate professional associations copies of the rules adopted |
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under this section and pertinent information in this subchapter. |
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SECTION 2. Chapter 101, Family Code, is amended by adding |
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Section 101.0013 to read as follows: |
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Sec. 101.0013. AGE-APPROPRIATE ACTIVITY. "Age-appropriate |
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activity" means an activity or experience that is generally |
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accepted as suitable for a child of the same chronological age or |
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level of maturity or that is determined to be developmentally |
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appropriate for a child based on the development of cognitive, |
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emotional, physical, and behavioral capacities that are typical for |
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an age or age group. |
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SECTION 3. Chapter 101, Family Code, is amended by amending |
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Section 101.0201 and adding Section 101.0202 to read as follows: |
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Sec. 101.0201. NORMALCY ACTIVITY. "Normalcy activity" |
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means an activity or experience in which a child who is not in the |
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conservatorship of the state is allowed to participate, including |
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extracurricular activities, in-school and out-of-school social |
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activities, enrichment activities, and employment opportunities. |
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Sec. 101.0202. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF |
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WITHHOLDING. "Notice of application for judicial writ of |
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withholding" means the document delivered to an obligor and filed |
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with the court as required by Chapter 158 for the nonjudicial |
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determination of arrears and initiation of withholding. |
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SECTION 4. Chapter 101, Family Code, is amended by adding |
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Section 101.0253 to read as follows: |
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Sec. 101.0253. REASONABLE AND PRUDENT PARENT STANDARD. |
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"Reasonable and prudent parent standard" means the standard |
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characterized by careful and sensible parental decisions that |
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maintain the child's health, safety, and best interests. |
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SECTION 5. Section 261.3021, Family Code, is amended to |
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read as follows: |
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Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT. |
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Subject to the appropriation of money for these purposes, the |
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department shall: |
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(1) identify critical investigation actions that |
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impact child safety and require department caseworkers to document |
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those actions in a child's case file not later than the day after |
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the action occurs; |
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(2) identify and develop a comprehensive set of |
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casework quality indicators that must be reported in real time to |
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support timely management oversight; |
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(3) provide department supervisors with access to |
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casework quality indicators and train department supervisors on the |
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use of that information in the daily supervision of caseworkers; |
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(4) develop a case tracking system that: |
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(A) uses the latest technology to easily link |
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cases involving individuals in the same household by identifying |
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siblings, relatives, and other non-related adults living in the |
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home; |
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(B) includes expanded read-only access for |
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caseworkers and case coordinators; |
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(C) tracks subsequent investigations of child |
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protective services provided to children for whom caseworkers are |
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unable to determine whether abuse or neglect occurred; and |
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(D) notifies department supervisors and |
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management when a case is not progressing in a timely manner; |
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(5) use current data reporting systems to provide |
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department supervisors and management with easier access to |
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information; and |
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(6) train department supervisors and management on the |
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use of data to monitor cases and make decisions. |
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SECTION 6. Section 261.3022, Family Code, is amended to |
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read as follows: |
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Sec. 261.3022. CHILD SAFETY CHECK ALERT LIST. (a) Subject |
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to the availability of funds, the Department of Public Safety of the |
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State of Texas shall create a child safety check alert list as part |
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of the Texas Crime Information Center to help locate a child or the |
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child's family for purposes of: |
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(1) investigating a report of child abuse or neglect; |
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(2) providing protective services to a child whose |
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life may be at risk and whose family is receiving in-home support |
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services; or |
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(3) providing protective services to a child in the |
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managing conservatorship of the department who has run away and |
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whose life may be at risk. |
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(b) If the child safety check alert list is established and |
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the department is unable to locate a child or the child's family for |
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a purpose stated in Subsection (a) [purposes of investigating a
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report of child abuse or neglect], after the department has |
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exhausted all means available to the department for locating the |
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child or the child's family, the department may seek assistance |
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under this section from the appropriate [county attorney, district
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attorney, or criminal district] attorney with responsibility for |
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representing the department as provided by Section 264.009. |
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(c) If the department requests assistance, the county |
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attorney, district attorney, or criminal district attorney, as |
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applicable, may file an application with the court requesting the |
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issuance of an ex parte order requiring the Texas Crime Information |
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Center to place the child or the members of the child's family whom |
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the department is attempting to locate on a child safety check alert |
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list. The application must include a summary of: |
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(1) either: |
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(A) the report of child abuse or neglect the |
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department is attempting to investigate; or |
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(B) the circumstances in a case described by |
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Subsection (a)(2) or (3) that cause a child to be at a substantial |
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risk of harm because the child or family cannot be located; and |
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(2) the department's efforts to locate the child or the |
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child's family. |
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(d) If the court determines after a hearing that the family |
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cannot be located to investigate a report of child abuse or neglect |
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or that a child is at risk of substantial harm because the child or |
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family cannot be located and that the department has exhausted all |
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means available to the department for locating the child or the |
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child's family, as applicable, the court shall approve the |
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application and order the appropriate law enforcement agency to |
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notify the Texas Crime Information Center to place the child or the |
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child's family, as applicable, on a child safety check alert list. |
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The alert list must include: |
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(1) if applicable, the name of the family member |
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alleged to have abused or neglected a child according to the report |
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the department is attempting to investigate; |
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(2) the name of the child who is the subject of the |
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report or an ongoing department case; |
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(3) if applicable, a code identifying the type of |
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child abuse or neglect alleged to have been committed against the |
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child; |
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(4) the family's last known address; and |
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(5) the minimum criteria for an entry as established |
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by the center. |
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SECTION 7. Section 261.3023(a), Family Code, is amended to |
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read as follows: |
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(a) If a law enforcement officer encounters a person, |
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including a child, listed on the Texas Crime Information Center's |
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child safety check alert list [who is alleged to have abused or
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neglected a child, or encounters a child listed on the alert list
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who is the subject of a report of child abuse or neglect the
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department is attempting to investigate], the officer shall request |
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information from the person or the child regarding the child's |
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well-being and current residence. The officer shall immediately |
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report that the person or child has been located and the location of |
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the person or child by calling the toll-free telephone number |
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operated by the department to receive reports of child abuse or |
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neglect. |
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SECTION 8. Section 261.3024(a), Family Code, is amended to |
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read as follows: |
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(a) A law enforcement officer who locates a child listed on |
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the Texas Crime Information Center's child safety check alert list |
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[who is the subject of a report of child abuse or neglect the
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department is attempting to investigate] and who reports the |
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child's current address and other relevant information to the |
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department under Section 261.3023 shall report to the Texas Crime |
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Information Center that the child has been located. |
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SECTION 9. Section 261.3126(a), Family Code, is amended to |
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read as follows: |
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(a) In each county, to the extent possible, the department |
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and the local law enforcement agencies that investigate child abuse |
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in the county shall colocate in the same offices investigators from |
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the department and the law enforcement agencies to improve the |
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efficiency of child abuse investigations. With approval of the |
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local children's advocacy center and its partner agencies, in each |
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county in which a children's advocacy center established under |
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Section 264.402 is located, the department shall attempt to locate |
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investigators from the department and county and municipal law |
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enforcement agencies at the center and to increase the number of |
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department investigators located at a center if the rate of |
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retention for investigators at that center exceeds the retention |
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rate of investigators located in other offices. |
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SECTION 10. Section 263.102(a), Family Code, is amended to |
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read as follows: |
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(a) The service plan must: |
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(1) be specific; |
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(2) be in writing in a language that the parents |
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understand, or made otherwise available; |
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(3) be prepared by the department or other agency in |
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conference with the child's parents; |
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(4) state appropriate deadlines; |
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(5) state whether the goal of the plan is: |
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(A) return of the child to the child's parents; |
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(B) termination of parental rights and placement |
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of the child for adoption; or |
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(C) because of the child's special needs or |
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exceptional circumstances, continuation of the child's care out of |
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the child's home; |
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(6) state steps that are necessary to: |
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(A) return the child to the child's home if the |
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placement is in foster care; |
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(B) enable the child to remain in the child's |
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home with the assistance of a service plan if the placement is in |
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the home under the department's or other agency's supervision; or |
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(C) otherwise provide a permanent safe placement |
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for the child; |
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(7) state the actions and responsibilities that are |
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necessary for the child's parents to take to achieve the plan goal |
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during the period of the service plan and the assistance to be |
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provided to the parents by the department or other authorized |
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agency toward meeting that goal; |
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(8) state any specific skills or knowledge that the |
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child's parents must acquire or learn, as well as any behavioral |
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changes the parents must exhibit, to achieve the plan goal; |
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(9) state the actions and responsibilities that are |
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necessary for the child's parents to take to ensure that the child |
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attends school and maintains or improves the child's academic |
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compliance; |
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(10) state the name of the person with the department |
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or other agency whom the child's parents may contact for |
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information relating to the child if other than the person |
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preparing the plan; [and] |
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(11) provide for the elimination of impediments to the |
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child's participation in age-appropriate normalcy activities; and |
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(12) prescribe any other term or condition that the |
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department or other agency determines to be necessary to the |
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service plan's success. |
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SECTION 11. Section 263.105, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) As part of the review under Subsection (b), the court |
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shall ensure that the child's caregiver under the plan understands: |
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(1) the importance of the child's participation in |
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age-appropriate normalcy activities; and |
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(2) the flexibility the reasonable and prudent parent |
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standard provides the caregiver in approving the child's |
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participation in normalcy activities. |
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SECTION 12. Section 263.306, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) At each permanency hearing, the court shall review the |
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efforts of the department in ensuring that: |
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(1) the child's caregiver is following the reasonable |
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and prudent parent standard; and |
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(2) the child has regular, ongoing opportunities to |
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engage in age-appropriate normalcy activities, including |
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activities not listed in the child's service plan. |
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SECTION 13. Section 263.503, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) At each placement review hearing, the court shall review |
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the efforts of the department in ensuring that: |
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(1) the child's caregiver is following the reasonable |
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and prudent parent standard; and |
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(2) the child has regular, ongoing opportunities to |
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engage in age-appropriate normalcy activities, including |
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activities not listed in the child's service plan. |
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SECTION 14. Section 264.015, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In the training for prospective foster parents and in |
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the annual training for foster parents, the department shall |
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include programs to address the potential impact on the family of |
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providing foster care and to recommend methods for maintaining |
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household stability, including respite care and stress relief |
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techniques. |
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SECTION 15. Section 264.114, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A foster parent, relative or other designated |
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caregiver, or other substitute caregiver caring for a child in the |
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department's managing conservatorship is not liable for harm caused |
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to the child that results from the child's participation in an |
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age-appropriate activity approved by the caregiver if the caregiver |
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acted in the same manner as a reasonable and prudent parent would in |
|
approving the child's participation in the activity. |
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SECTION 16. Section 264.121(f), Family Code, as amended by |
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Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(f) The department shall require a person with whom the |
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department contracts for transitional living services for foster |
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youth to provide or assist youth in obtaining: |
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(1) housing services; |
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(2) job training and employment services; |
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(3) college preparation services beginning at age 14; |
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(4) services that will assist youth in obtaining a |
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general education development certificate; |
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(5) services that will assist youth in developing |
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skills in food preparation; |
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(6) nutrition education that promotes healthy food |
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choices; [and] |
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(7) [(5)] a savings or checking account if the youth |
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is at least 18 years of age and has a source of income; and |
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(8) [(7)] any other appropriate transitional living |
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service identified by the department. |
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SECTION 17. Sections 264.123(a) and (d), Family Code, are |
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amended to read as follows: |
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(a) If a child in the department's managing conservatorship |
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is missing from the child's substitute care provider, including a |
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child who is abducted or is a runaway, the department shall notify |
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the following persons and entities that the child is missing: |
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(1) the appropriate law enforcement agencies; |
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(2) the court with jurisdiction over the department's |
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managing conservatorship of the child; |
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(3) the child's attorney ad litem; |
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(4) the child's guardian ad litem; [and] |
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(5) the child's parent unless the parent: |
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(A) cannot be located or contacted; |
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(B) has had the parent's parental rights |
|
terminated; or |
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(C) has executed an affidavit of relinquishment |
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of parental rights; and |
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(6) the National Center for Missing and Exploited |
|
Children. |
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(d) The department shall make continuing efforts to |
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determine the location of a missing child until the child returns to |
|
substitute care, including: |
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(1) contacting on a monthly basis: |
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(A) the appropriate law enforcement agencies; |
|
(B) the child's relatives; |
|
(C) the child's former caregivers; and |
|
(D) any state or local social service agency that |
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may be providing services to the child; [and] |
|
(2) conducting a supervisory-level review of the case |
|
on a quarterly basis if the child is 15 years of age or younger to |
|
determine whether sufficient efforts have been made to locate the |
|
child and whether other action is needed; and |
|
(3) appointing a special investigator to assist in |
|
locating the child and in investigating the events affecting the |
|
child that occurred while the child was missing. |
|
SECTION 18. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.126 to read as follows: |
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Sec. 264.126. NORMALCY ACTIVITIES; REASONABLE AND PRUDENT |
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PARENT STANDARD. (a) The department shall use its best efforts to |
|
normalize the lives of children in the managing conservatorship of |
|
the department and to allow substitute caregivers to make |
|
decisions, similar to the decisions that a parent is entitled to |
|
make, regarding the child's participation in age-appropriate |
|
normalcy activities without the department's prior approval. |
|
(b) A substitute caregiver shall use a reasonable and |
|
prudent parent standard in determining whether to permit a child in |
|
the conservatorship of the department to participate in an |
|
activity. When making a decision according to the reasonable and |
|
prudent parent standard, the caregiver must consider: |
|
(1) the overall health and safety of the child and the |
|
child's age, maturity, and development level; |
|
(2) any potential risk factors and the appropriateness |
|
of the activity; |
|
(3) the best interest of the child based on the |
|
caregiver's knowledge of the child; |
|
(4) the importance of encouraging the child's social, |
|
emotional, and developmental growth; |
|
(5) the importance of providing the child with the |
|
most family-like living experience possible; and |
|
(6) the behavioral history of the child and the child's |
|
ability to safely participate in the proposed activity. |
|
(c) The department shall verify that substitute caregivers |
|
providing substitute care services under contract with the |
|
department: |
|
(1) promote and protect the ability of a child to |
|
participate in age-appropriate normalcy activities; and |
|
(2) implement policies consistent with this section. |
|
(d) The department shall review its policies and procedures |
|
to identify policies and procedures that impede a substitute |
|
caregiver's ability to make reasonable and prudent parenting |
|
decisions and shall adopt new policies that promote a substitute |
|
caregiver's ability to make reasonable and prudent parenting |
|
decisions. |
|
(e) The department shall require a child's substitute |
|
caregiver to complete training on: |
|
(1) decision-making as a reasonable and prudent |
|
parent; |
|
(2) appropriate and trauma-informed procedures for |
|
addressing a child's misbehavior; and |
|
(3) the importance of a child's participation in |
|
age-appropriate normalcy activities and the benefits of |
|
participation to a child's social, emotional, and developmental |
|
growth, well-being, and mental health. |
|
SECTION 19. Section 264.408(c), Family Code, is amended to |
|
read as follows: |
|
(c) The department, a law enforcement agency, and a |
|
prosecuting attorney may share with a center or a statewide child |
|
advocacy center organization information that is confidential |
|
under Section 261.201 as needed to provide services under this |
|
chapter. Confidential information shared with or provided to a |
|
center or organization remains the property of the agency that |
|
shared or provided the information to the center or organization. |
|
SECTION 20. Section 264.503, Family Code, is amended by |
|
adding Subsection (f-1) to read as follows: |
|
(f-1) The Department of State Health Services shall |
|
identify opportunities for improving the information provided in |
|
the report under Subsection (f) and, in areas of this state where a |
|
review team is not established, shall monitor the impact on that |
|
area of inadequate services. |
|
SECTION 21. Section 264.852, Family Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) The department shall provide to a foster child's |
|
relative, or other adult with whom that child has a longstanding and |
|
significant relationship, with whom the child is residing |
|
information about qualifying and becoming licensed or verified by |
|
the department as a kinship provider. |
|
SECTION 22. Chapter 265, Family Code, is amended by adding |
|
Sections 265.005, 265.006, and 265.007 to read as follows: |
|
Sec. 265.005. EVALUATION OF SERVICES. (a) The department |
|
shall establish a process to identify each child or family member |
|
who receives prevention and early intervention services and |
|
subsequent child protective services and evaluate the success of |
|
the prevention and early intervention services initially provided. |
|
(b) The department shall use the information obtained |
|
through the evaluation process to determine and provide the most |
|
intensive prevention and early intervention services to children |
|
and families who are determined most at risk for abuse and neglect |
|
and most in need of the services. |
|
Sec. 265.006. HEALTHY OUTCOMES THROUGH PREVENTION AND EARLY |
|
SUPPORT (HOPES) AND HELP THROUGH INTERVENTION AND PREVENTION (HIP) |
|
PROJECTS. (a) The department shall establish: |
|
(1) a healthy outcomes through prevention and early |
|
support (HOPES) project to provide, in communities selected by the |
|
department, flexible, community-based child abuse and neglect |
|
prevention programs to families of children under five years of age |
|
who are at risk of abuse and neglect; and |
|
(2) a help through intervention and prevention (HIP) |
|
project to provide voluntary extensive family assessment, home |
|
visitation, and education services to families at risk for abuse |
|
and neglect to increase protection of the child and prevent child |
|
abuse. |
|
(b) Not later than December 1 of each even-numbered year, |
|
the department shall submit electronically to each legislative |
|
committee with jurisdiction over child protective services a report |
|
on the department's efforts and strategies to expand the services |
|
provided under Subsection (a) to additional areas in this state and |
|
to populations identified as being at higher risk for abuse and |
|
neglect. |
|
Sec. 265.007. IDENTIFICATION OF FUNDING OPPORTUNITIES. The |
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department shall collaborate with the Department of State Health |
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Services to identify additional funding opportunities for children |
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and families receiving prevention and early intervention services |
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to address individual and community factors that contribute to |
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parental substance abuse and domestic violence in those families. |
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SECTION 23. Section 40.032(c), Human Resources Code, is |
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amended to read as follows: |
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(c) The executive director or the executive director's |
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designated representative shall develop a system of annual |
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performance evaluations based on measurable job tasks. All merit |
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pay for department employees must be based on the system |
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established under this subsection. The department's retention |
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strategies for child protective services caseworkers may include |
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merit-based advancement opportunities for caseworkers and coaching |
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or corrective action procedures to address deficient performance |
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evaluations without negatively impacting merit eligibility. |
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SECTION 24. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.03211 to read as follows: |
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Sec. 40.03211. SALARY SUPPLEMENT PILOT PROJECT FOR CHILD |
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PROTECTIVE SERVICES CASEWORKERS. (a) The department may establish |
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a pilot project to supplement the salary of a child protective |
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services caseworker based on the average salary for similar |
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positions in the area of the employee's assigned place of |
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employment, the extent to which the caseworker's salary meets |
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cost-of-living expenses in that area, and other location factors. |
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(b) Section 659.020, Government Code, does not apply to the |
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supplement authorized by this section. |
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SECTION 25. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Sections 40.0328 and 40.0329 to read as |
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follows: |
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Sec. 40.0328. CHILD PROTECTIVE SERVICES CASEWORKERS. (a) |
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The department shall periodically restructure the duties of |
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caseworkers as necessary to maintain the safety of children in |
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child protective services, increase the time a caseworker spends |
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with children, prioritize the time required to effectively address |
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cases above caseload, and successfully manage child protective |
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services caseloads. |
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(b) The department shall: |
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(1) create a streamlined child protective services |
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policy handbook to assist caseworkers in understanding their |
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duties; |
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(2) establish caseworker support centers to provide |
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administrative support to the caseworkers; |
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(3) increase the number of support staff for |
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investigation units to be separately located from other |
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investigation units; |
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(4) develop information resources to assist |
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caseworkers and their supervisors in prioritizing caseworker time; |
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and |
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(5) assign master caseworkers to areas with high |
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caseworker vacancy numbers or case numbers. |
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(c) The department shall require a caseworker each month to |
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report a face-to-face visit with each foster child assigned to the |
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caseworker. |
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Sec. 40.0329. DISRUPTION SPECIALISTS. The department shall |
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designate as disruption specialists a sufficient number of |
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personnel to provide family group conference services, support |
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timely intervention efforts that reduce preventable placement |
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disruptions, and more frequently use family team meetings to engage |
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the family and community in making critical child-placing |
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decisions. |
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SECTION 26. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.0565 to read as follows: |
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Sec. 40.0565. REGIONAL YOUTH LEADERSHIP COUNCILS. The |
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department shall establish and fund regional youth leadership |
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councils. The department shall include the councils in making |
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decisions related to creating stable environments for foster |
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children. |
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SECTION 27. Section 40.058(c), Human Resources Code, is |
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amended to read as follows: |
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(c) The department shall monitor a contractor's performance |
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under a contract for the purchase of program-related client |
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services. In monitoring performance, the department shall: |
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(1) use a risk-assessment methodology that employs |
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empirically driven predictive analytics to monitor the contracts |
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and ensure compliance with financial and performance requirements |
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under the contract; and |
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(2) obtain and evaluate program cost information to |
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ensure that all costs, including administrative costs, are |
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reasonable and necessary to achieve program objectives. |
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SECTION 28. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.075 to read as follows: |
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Sec. 40.075. RECORDS RETENTION. The department shall |
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retain child protective services records as follows: |
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(1) for cases in which the department has reason to |
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believe a child was abused or neglected and the child was removed |
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from the child's home, 50 years; |
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(2) for cases in which the department has reason to |
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believe a child was abused or neglected, the designated perpetrator |
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of the abuse or neglect appeals the department's findings, and the |
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findings are substantiated, 20 years; |
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(3) for cases in which the department has reason to |
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believe a child was abused or neglected, the department is unable to |
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determine whether the abuse or neglect happened or is unable to |
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complete the investigation, and the child remains in the child's |
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home, 20 years; and |
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(4) for cases in which the department rules out abuse |
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or neglect and the department's risk assessment indicates a |
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significant level of risk remains with the family, no significant |
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risks exist within the family, or the risk factors within the family |
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are controlled, five years. |
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SECTION 29. Section 42.053, Human Resources Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A licensed child-placing agency shall conduct an annual |
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home study for each agency foster home or agency foster group home |
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operated by the agency. |
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SECTION 30. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the necessary rules and policies |
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and the Department of Family and Protective Services shall develop |
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the procedures and take the steps necessary to implement the |
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changes in law made by this Act. |
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SECTION 31. The Texas Higher Education Coordinating Board |
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shall adopt the rules for the repayment assistance program under |
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Subchapter N, Chapter 61, Education Code, as added by this Act, not |
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later than December 1, 2015. |
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SECTION 32. To the extent of any conflict, this Act prevails |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 33. This Act takes effect September 1, 2015. |