85R7545 MK-D
	By: Burkett	H.B. No. 1549

	A BILL TO BE ENTITLED
	AN ACT
	relating to the provision of services by the Department of Family
	and Protective Services, including child protective services and
	prevention and early intervention services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 49.10, Code of Criminal Procedure, is
	amended by adding Subsection (i-1) to read as follows:
	(i-1)  Notwithstanding any provision to the contrary, if the
	deceased was a child younger than six years of age whose death is
	determined under Section 264.514, Family Code, to be unexpected or
	the result of abuse or neglect, a justice of the peace must order a
	complete autopsy of the deceased.
	SECTION 2.  Section 9(a), Article 49.25, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  If the cause of death shall be determined beyond a
	reasonable doubt as a result of the investigation, the medical
	examiner shall file a report thereof setting forth specifically the
	cause of death with the district attorney or criminal district
	attorney, or in a county in which there is no district attorney or
	criminal district attorney with the county attorney, of the county
	in which the death occurred. If in the opinion of the medical
	examiner an autopsy is necessary, or if such is requested by the
	district attorney or criminal district attorney, or county attorney
	where there is no district attorney or criminal district attorney,
	the autopsy shall be immediately performed by the medical examiner
	or a duly authorized deputy. In those cases where a complete
	autopsy is deemed unnecessary by the medical examiner to ascertain
	the cause of death, the medical examiner may perform a limited
	autopsy involving the taking of blood samples or any other samples
	of body fluids, tissues or organs, in order to ascertain the cause
	of death or whether a crime has been committed. If the deceased was
	a child younger than six years of age and the death is determined
	under Section 264.514, Family Code, to be unexpected or the result
	of abuse or neglect, the medical examiner shall perform a complete
	autopsy. In the case of a body of a human being whose identity is
	unknown, the medical examiner may authorize such investigative and
	laboratory tests and processes as are required to determine its
	identity as well as the cause of death. In performing an autopsy
	the medical examiner or authorized deputy may use the facilities of
	any city or county hospital within the county or such other
	facilities as are made available. Upon completion of the autopsy,
	the medical examiner shall file a report setting forth the findings
	in detail with the office of the district attorney or criminal
	district attorney of the county, or if there is no district attorney
	or criminal district attorney, with the county attorney of the
	county.
	SECTION 3.  Subchapter C, Chapter 261, Family Code, is
	amended by adding Section 261.2031 to read as follows:
	Sec. 261.2031.  DESIGNATED CHILD FATALITY INVESTIGATION
	CASEWORKERS. The department shall designate caseworkers or create
	a specialized unit of department employees to conduct
	investigations involving child fatalities. Caseworkers or
	employees designated for child fatality investigations shall be
	assigned based on experience and length of time working for the
	department.
	SECTION 4.  Section 261.301, Family Code, is amended by
	adding Subsection (j) to read as follows:
	(j)  In geographic areas with demonstrated need, the
	department shall designate employees to serve specifically as
	investigators and responders for after-hours reports of child abuse
	or neglect.
	SECTION 5.  Section 264.107, Family Code, is amended by
	adding Subsection (b-2) to read as follows:
	(b-2)  The department shall, subject to the availability of
	funds, use a web-based system to assist the department in making the
	best placement decision for a child in foster care. The system must:
	(1)  recommend a level of care for the child;
	(2)  suggest placements based on the child's needs;
	(3)  display the proximity of potential providers to
	the child's home;
	(4)  incorporate foster care provider preferences;
	(5)  provide access to the foster care provider's
	history in providing safe and stable placements for children; and
	(6)  include any other provider information the
	department determines to be relevant.
	SECTION 6.  Subchapter B, Chapter 264, Family Code, is
	amended by adding Section 264.1131 to read as follows:
	Sec. 264.1131.  FOSTER CARE PROVIDER RECRUITMENT PLAN. In
	addition to foster parent recruitment from faith-based
	organizations under Section 264.113, the department shall, subject
	to the availability of funds, collaborate with current foster and
	adoptive parents to develop and implement a foster care provider
	recruitment plan. The plan must:
	(1)  identify geographic areas in the state where there
	is a need for foster care providers using risk stratification
	modeling or risk assessments of geographic areas with high
	occurrences of child abuse and neglect or child fatalities;
	(2)  use data analysis, social media, partnerships with
	faith-based and volunteer organizations, and other strategies for
	recruitment, including targeted and child-focused recruitment;
	(3)  increase the number of available foster care
	providers for children with high needs and expand the use of
	therapeutic or treatment foster care for children in those
	placements;
	(4)  require the provision of:
	(A)  quality customer service to prospective and
	current foster and adoptive parents; and
	(B)  assistance to prospective foster parents
	with the certification and placement process;
	(5)  include strategies for increasing the number of
	kinship providers;
	(6)  include strategies to ensure that children in
	foster care do not have to transfer schools after entering foster
	care, unless transferring is in the child's best interest; and
	(7)  include programs to support foster and adoptive
	families, including programs that provide training, respite care,
	and peer assistance.
	SECTION 7.  Subchapter C, Chapter 264, Family Code, is
	amended by adding Section 264.2012 to read as follows:
	Sec. 264.2012.  FAMILY PRESERVATION SERVICES. The
	department shall implement an evidence-based program that provides
	frequent in-home visits with families who have a history of child
	abuse or neglect or who display risk factors for child abuse or
	neglect with the goal of improving family preservation and family
	reunification. The program must contain guidelines for the
	frequency of monthly contact by the department with the family,
	based on the risk factors for child abuse and neglect in each case.
	SECTION 8.  Sections 264.502(a) and (b), Family Code, are
	amended to read as follows:
	(a)  The child fatality review team committee is composed of:
	(1)  a person appointed by and representing the state
	registrar of vital statistics;
	(2)  a person appointed by and representing the
	commissioner of the department;
	(3)  a person appointed by and representing the Title V
	director of the Department of State Health Services; [and]
	(4)  a person appointed by and representing the speaker
	of the house of representatives;
	(5)  a person appointed by and representing the
	lieutenant governor;
	(6)  a person appointed by and representing the
	governor; and
	(7)  individuals selected under Subsection (b).
	(b)  The members of the committee who serve under Subsections
	(a)(1) through (6) [(3)] shall select the following additional
	committee members:
	(1)  a criminal prosecutor involved in prosecuting
	crimes against children;
	(2)  a sheriff;
	(3)  a justice of the peace;
	(4)  a medical examiner;
	(5)  a police chief;
	(6)  a pediatrician experienced in diagnosing and
	treating child abuse and neglect;
	(7)  a child educator;
	(8)  a child mental health provider;
	(9)  a public health professional;
	(10)  a child protective services specialist;
	(11)  a sudden infant death syndrome family service
	provider;
	(12)  a neonatologist;
	(13)  a child advocate;
	(14)  a chief juvenile probation officer;
	(15)  a child abuse prevention specialist;
	(16)  a representative of the Department of Public
	Safety;
	(17)  a representative of the Texas Department of
	Transportation;
	(18)  an emergency medical services provider; and
	(19)  a provider of services to, or an advocate for,
	victims of family violence.
	SECTION 9.  Section 264.503, Family Code, is amended by
	amending Subsections (d) and (e) and adding Subsection (h) to read
	as follows:
	(d)  The Department of State Health Services shall:
	(1)  recognize the creation and participation of review
	teams;
	(2)  promote and coordinate training to assist the
	review teams in carrying out their duties;
	(3)  assist the committee in developing model protocols
	for:
	(A)  the reporting and investigating of child
	fatalities for law enforcement agencies, child protective
	services, justices of the peace and medical examiners, and other
	professionals involved in the investigations of child deaths;
	(B)  the collection of data regarding child
	deaths; and
	(C)  the operation of the review teams;
	(4)  develop and implement procedures necessary for the
	operation of the committee; [and]
	(5)  develop and implement training for justices of the
	peace and medical examiners regarding inquests in child death
	cases; and
	(6)  promote education of the public regarding the
	incidence and causes of child deaths, the public role in preventing
	child deaths, and specific steps the public can undertake to
	prevent child deaths.
	(e)  In addition to the duties under Subsection (d), the
	Department of State Health Services shall:
	(1)  collect data under this subchapter and coordinate
	the collection of data under this subchapter with other data
	collection activities; [and]
	(2)  perform annual statistical studies of the
	incidence and causes of child fatalities using the data collected
	under this subchapter; and
	(3)  evaluate the available child fatality data and use
	the data to create public health strategies for the prevention of
	child fatalities.
	(h)  Each member of the committee must be a member of the
	child fatality review team in the county where the committee member
	resides.
	SECTION 10.  Subchapter F, Chapter 264, Family Code, is
	amended by adding Sections 264.5031 and 264.5032 to read as
	follows:
	Sec. 264.5031.  COLLECTION OF NEAR FATALITY DATA. (a) The
	Department of State Health Services shall develop a definition for
	the term "near fatality" to allow for statewide consistency in
	child fatality investigations.
	(b)  The Department of State Health Services shall include
	near fatality child abuse or neglect cases in the child fatality
	case database, for cases in which child abuse or neglect is
	determined to have been the cause of the near fatality. The
	Department of State Health Services must also develop a data
	collection strategy for near fatality child abuse or neglect cases.
	Sec. 264.5032.  TRACKING OF CHILD FATALITY AND NEAR FATALITY
	DATA. (a) The department shall track and analyze data relating to
	child fatality and near fatality cases resulting from child abuse
	or neglect and produce a report containing the following
	information:
	(1)  any prior contact the department had with the
	child's family and the manner in which the case was disposed,
	including cases in which the department made the following
	dispositions:
	(A)  priority none or administrative closure;
	(B)  call screened out;
	(C)  alternative or differential response
	provided;
	(D)  unable to complete the investigation;
	(E)  unable to determine whether abuse or neglect
	occurred;
	(F)  reason to believe abuse or neglect occurred;
	or
	(G)  child removed and placed into substitute
	care;
	(2)  for any case investigated by the department
	involving the child or the child's family:
	(A)  the number of caseworkers assigned to the
	case before the fatality or near fatality occurred;
	(B)  the level of education for each caseworker
	assigned to the case and the caseworker's employment tenure; and
	(C)  the caseworker's caseload at the time the
	case was opened and at the time the case was closed;
	(3)  for any case in which the department investigation
	concluded that there was reason to believe that abuse or neglect
	occurred, and the family was referred to family-based safety
	services:
	(A)  the safety plan provided to the family;
	(B)  the services offered to the family; and
	(C)  the level of compliance with the safety plan
	or completion of the services by the family;
	(4)  the number of contacts the department made with
	children and families in family-based safety services cases; and
	(5)  the initial and attempted contacts the department
	made with child abuse and neglect victims.
	(b)  The department shall make the data collected under
	Subsection (a) available to allow research into the determining
	factors related to child abuse fatalities, with the purpose of:
	(1)  reducing child fatalities or near fatalities and
	repeated referrals of a child or family to the department; and
	(2)  predicting future occurrences of child fatalities
	and near fatalities to improve prevention and early intervention
	strategies.
	SECTION 11.  Sections 264.505(a) and (c), Family Code, are
	amended to read as follows:
	(a)  A multidisciplinary and multiagency child fatality
	review team may be established for a county to review child deaths
	in that county. A [review team for a] county [with a population of
	less than 50,000] may join with an adjacent county or counties to
	establish a combined review team.
	(c)  A review team must reflect the diversity of the county's
	population and may include:
	(1)  a criminal prosecutor involved in prosecuting
	crimes against children;
	(2)  a sheriff;
	(3)  a justice of the peace or medical examiner;
	(4)  a police chief;
	(5)  a pediatrician experienced in diagnosing and
	treating child abuse and neglect;
	(6)  a child educator;
	(7)  a child mental health provider;
	(8)  a public health professional;
	(9)  a child protective services specialist;
	(10)  a sudden infant death syndrome family service
	provider;
	(11)  a neonatologist;
	(12)  a child advocate;
	(13)  a chief juvenile probation officer; and
	(14)  a child abuse prevention specialist.
	SECTION 12.  Section 264.506(b), Family Code, is amended to
	read as follows:
	(b)  To achieve its purpose, a review team shall:
	(1)  adapt and implement, according to local needs and
	resources, the model protocols developed by the department and the
	committee;
	(2)  meet on a regular basis to review child fatality
	cases and recommend methods to improve coordination of services and
	investigations between agencies that are represented on the team;
	(3)  collect and maintain data as required by the
	committee; [and]
	(4)  review and analyze the collected data to identify
	any demographic trends in child fatality cases, including whether
	there is a disproportionate number of child fatalities in a
	particular population group or geographic area; and
	(5)  submit to the vital statistics unit data reports
	on deaths reviewed as specified by the committee.
	SECTION 13.  Section 264.509, Family Code, is amended by
	adding Subsection (b-1) to read as follows:
	(b-1)  The Department of State Health Services shall provide
	a review team with electronic access to the preliminary death
	certificate for a deceased child.
	SECTION 14.  (a) Section 264.514, Family Code, is amended by
	adding Subsection (a-1) and amending Subsection (b) to read as
	follows:
	(a-1)  The commissioners court of a county shall adopt
	regulations relating to the timeliness for conducting an inquest
	into the death of a child. The regulations adopted under this
	subsection must be as stringent as the standards issued by the
	National Association of Medical Examiners unless the commissioners
	court determines that it would be cost prohibitive for the county to
	comply with those standards.
	(b)  The medical examiner or justice of the peace shall
	immediately notify an appropriate local law enforcement agency if
	the medical examiner or justice of the peace determines that the
	death is unexpected or the result of abuse or neglect, and that
	agency shall investigate the child's death. The medical examiner or
	justice of the peace shall notify the appropriate county child
	fatality review team of the child's death not later than the 120th
	day after the date the death is reported.
	(b)  A county must attempt to implement the timeliness
	standards for inquests as described by Section 264.514(a-1), Family
	Code, as added by this Act, as soon as possible after the effective
	date of this Act.
	SECTION 15.  Section 264.755, Family Code, is amended by
	adding Subsection (b-1) to read as follows:
	(b-1)  The executive commissioner by rule may set the maximum
	monetary payment amount that may, subject to an appropriation of
	funds for that purpose, be provided to a relative or designated
	caregiver under this section in an amount not to exceed the amount
	that the department would pay to a licensed foster care provider for
	the care of the child.
	SECTION 16.  Section 264.903, Family Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  The department shall expedite the evaluation of a
	potential caregiver under this section to ensure that the child is
	placed with a caregiver who has the ability to protect the child
	from the alleged perpetrator of abuse or neglect against the child.
	SECTION 17.  (a)  Subchapter L, Chapter 264, Family Code, is
	amended by adding Section 264.907 to read as follows:
	Sec. 264.907.  CAREGIVER ASSISTANCE AGREEMENT. (a) The
	department may, subject to the availability of funds, enter into a
	caregiver assistance agreement with a caregiver to provide monetary
	assistance and additional support services to the caregiver. The
	monetary assistance and support services must be based on the
	caregiver's and child's needs, as determined by rules adopted by the
	executive commissioner.
	(b)  The department may agree to provide to a caregiver in an
	agreement under this section any monetary assistance or additional
	support services that may be provided in a caregiver assistance
	agreement under Section 264.755.
	(b)  The executive commissioner of the Health and Human
	Services Commission shall adopt the rules necessary to implement
	Section 264.907, Family Code, as added by this Act, not later than
	December 1, 2017.
	SECTION 18.  Section 265.005, Family Code, is amended by
	amending Subsection (b) and adding Subsection (f) to read as
	follows:
	(b)  A strategic plan required under this section must:
	(1)  identify methods to leverage other sources of
	funding or provide support for existing community-based prevention
	efforts;
	(2)  include a needs assessment that identifies
	programs to best target the needs of the highest risk populations
	and geographic areas;
	(3)  identify the goals and priorities for the
	department's overall prevention efforts;
	(4)  report the results of previous prevention efforts
	using available information in the plan;
	(5)  identify additional methods of measuring program
	effectiveness and results or outcomes;
	(6)  identify methods to collaborate with other state
	agencies on prevention efforts; [and]
	(7)  identify specific strategies to implement the plan
	and to develop measures for reporting on the overall progress
	toward the plan's goals; and
	(8)  include annual targets that increase each year for
	the number of families receiving prevention and early intervention
	services, with the initial goal of providing services to 50 percent
	of the highest risk families that are eligible to receive services
	through home visiting and community-based programs financed with
	federal, state, local, or private resources.
	(f)  In this section, "highest risk family" means a family
	that has children five years of age or younger and whose family
	income is at or below 50 percent of the federal poverty level.
	SECTION 19.  Subchapter A, Chapter 265, Family Code, is
	amended by adding Sections 265.007 and 265.008 to read as follows:
	Sec. 265.007.  IMPROVING PROVISION OF PREVENTION AND EARLY
	INTERVENTION SERVICES. To improve the effectiveness and delivery
	of prevention and early intervention services, the department
	shall:
	(1)  use a geographic focus to ensure that prevention
	and early intervention services are provided to families with the
	greatest need;
	(2)  identify the geographic areas that have the
	highest need for prevention and early intervention services using:
	(A)  verified external risk terrain modeling; or
	(B)  geographic risk assessments that use risk
	indicators of child abuse or neglect and child abuse fatalities;
	(3)  identify geographic areas that have a high need
	for prevention and early intervention services but do not have
	prevention and early intervention services available in the area or
	have only unevaluated prevention and early intervention services
	available in the area; and
	(4)  develop strategies for community partners to:
	(A)  improve the early recognition of child abuse
	or neglect;
	(B)  improve the reporting of child abuse and
	neglect; and
	(C)  prevent child fatalities.
	Sec. 265.008.  EVALUATION OF PREVENTION AND EARLY
	INTERVENTION SERVICES. (a) The department and the Texas Higher
	Education Coordinating Board shall enter into agreements with
	institutions of higher education to conduct efficacy reviews of any
	prevention and early intervention services provided under this
	chapter that have not previously been evaluated for effectiveness
	in a research evaluation that meets the standards described by
	Subsection (b). The efficacy review shall include, when possible, a
	cost-benefit analysis of the program to the state.
	(b)  A prevention and early intervention services program is
	considered to have been previously evaluated if it has been
	evaluated by at least one rigorous randomized controlled research
	trial across heterogeneous populations or communities, the results
	of at least one of which has been published in a peer-reviewed
	journal.
	(c)  The department is not required to enter into an
	agreement to conduct a program efficacy evaluation under this
	section unless:
	(1)  the department is specifically appropriated money
	for the purposes of this section; or
	(2)  the agreement with the institution of higher
	education is cost neutral.
	SECTION 20.  Subchapter B, Chapter 40, Human Resources Code,
	is amended by adding Section 40.038 to read as follows:
	Sec. 40.038.  SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a)
	In this section, "secondary trauma" means trauma incurred as a
	consequence of a person's exposure to acute or chronic trauma.
	(b)  The department shall develop and make available a
	program to provide ongoing support to caseworkers who experience
	secondary trauma resulting from exposure to trauma in the course of
	the caseworker's employment. The program must include critical
	incident stress debriefing. The department may not require that a
	caseworker participate in the program.
	SECTION 21.  Subchapter C, Chapter 40, Human Resources Code,
	is amended by adding Section 40.0529 to read as follows:
	Sec. 40.0529.  CASELOAD MANAGEMENT. (a)  Subject to a
	specific appropriation for that purpose, the department shall
	develop and implement a caseload management system for child
	protective services caseworkers and managers that:
	(1)  ensures equity in the distribution of workload,
	based on the complexity of each case;
	(2)  calculates caseloads based on the number of
	individual caseworkers who are available to handle cases;
	(3)  includes geographic case assignment in areas with
	concentrated high risk populations, to ensure that an adequate
	number of caseworkers and managers with expertise and specialized
	training are available;
	(4)  includes a plan to deploy master investigators in
	anticipation of emergency shortages of personnel; and
	(5)  anticipates vacancies in caseworker positions in
	areas of the state with high caseworker turnover to ensure the
	timely hiring of new caseworkers in those areas.
	(b)  In calculating the caseworker caseload under Subsection
	(a)(2), the department:
	(1)  may not count caseworkers who are on leave for four
	weeks or more as available caseworkers;
	(2)  may not create fictive caseworkers to compensate
	for overtime hours worked by caseworkers; and
	(3)  shall only count caseworkers who are on reduced
	caseloads at a value of .3 or less.
	SECTION 22.  Subchapter C, Chapter 40, Human Resources Code,
	is amended by adding Section 40.078 to read as follows:
	Sec. 40.078.  PREVENTION ADVISORY BOARD. (a) In this
	section, "board" means the Prevention Advisory Board.
	(b)  The board is established in the department to promote
	public awareness and make recommendations to the Health and Human
	Services Commission, the Department of State Health Services, the
	department, the governor, and the legislature for changes to law,
	policy, and practices regarding:
	(1)  the prevention of child abuse and neglect;
	(2)  the development of a state strategy to promote
	child safety and well-being using enhanced data collection and
	analysis; and
	(3)  the expansion of evidence-based and promising
	practice programs, as those terms are described by Sections
	531.983(b) and (c), Government Code.
	(c)  The board is composed of not more than 25 members,
	appointed as follows:
	(1)  one member appointed by the governor from the
	governor's staff;
	(2)  one member appointed by the lieutenant governor
	from the lieutenant governor's staff;
	(3)  one member appointed by the speaker of the house of
	representatives from the speaker's staff;
	(4)  one staff member from the Senate Health and Human
	Services Committee;
	(5)  one staff member from the House Public Health
	Committee; and
	(6)  any remaining members appointed by the
	commissioner.
	(d)  The members appointed under Subsections (c)(1) through
	(5) serve as ex officio nonvoting members of the board.
	(e)  In appointing members to the board, the commissioner
	shall attempt to select individuals whose qualifications are not
	already represented by existing members of the board.  Board
	members must include:
	(1)  a chair of a child fatality review team committee;
	(2)  a pediatrician;
	(3)  a judge;
	(4)  representatives of relevant state agencies;
	(5)  prosecutors who specialize in child abuse and
	neglect;
	(6)  medical examiners;
	(7)  representatives of service providers to the
	department; and
	(8)  policy experts in child abuse and neglect
	prevention, community advocacy, or related fields.
	(f)  The board shall select a chair from among its members
	and shall meet at least quarterly, with additional meetings called
	by the chair as necessary.
	(g)  A vacancy on the board shall be filled in the same manner
	as the original appointment.
	(h)  A member of the board is not entitled to compensation or
	reimbursement of expenses incurred in performing board duties.
	(i)  The board may take testimony and receive evidence that
	the board considers necessary to carry out the duties of the board.
	(j)  In developing the recommendations under Subsection (b),
	the board shall collaborate with the prevention and early
	intervention services division of the department to:
	(1)  use a public health approach by applying
	population-based, universal, and targeted strategies for
	prevention;
	(2)  consider the evidence-based and promising
	practice programs for home visiting under Section 531.983,
	Government Code, and parent education under Section 265.101, Family
	Code, as added by Chapter 1257 (H.B. 2630), Acts of the 84th
	Legislature, Regular Session, 2015, in structuring accountability
	and evidence-based measures for child abuse fatality prevention
	programming;
	(3)  maximize funding sources to expand prevention
	programs, including federal and local government funds and private
	funds; and
	(4)  research and make recommendations regarding the
	training of external stakeholders, including the expansion of
	mandated training for medical professionals, child care workers,
	educators, and higher education professionals with access to
	minors, to improve the identification, recognition, reporting, and
	prevention of child abuse and neglect.
	(k)  The board shall collaborate with the department and the
	Department of State Health Services to develop and maintain a
	database of the most effective state and national evidence-based or
	promising practice programs that address child abuse and neglect
	and the prevention of child abuse and neglect fatalities.  The
	database shall include the cost per family and a cost-benefit
	analysis for each program.
	SECTION 23.  This Act takes effect September 1, 2017.