85R14274 MCK-D     By: Hernandez, Frank H.B. No. 249     Substitute the following for H.B. No. 249:     By:  Wu C.S.H.B. No. 249       A BILL TO BE ENTITLED   AN ACT   relating to investigations of abuse, neglect, or exploitation   conducted by the Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.001, Family Code, is amended by   adding Subdivision (3) and amending Subdivision (5) to read as   follows:                (3)  "Exploitation" means the illegal or improper use   of a child or of the resources of a child for monetary or personal   benefit, profit, or gain by an employee, volunteer, or other   individual working under the auspices of a facility or program as   further described by rule or policy.                (5)  "Person responsible for a child's care, custody,   or welfare" means a person who traditionally is responsible for a   child's care, custody, or welfare, including:                      (A)  a parent, guardian, managing or possessory   conservator, or foster parent of the child;                      (B)  a member of the child's family or household   as defined by Chapter 71;                      (C)  a person with whom the child's parent   cohabits;                      (D)  school personnel or a volunteer at the   child's school; [or]                      (E)  personnel or a volunteer at a public or   private child-care facility that provides services for the child or   at a public or private residential institution or facility where   the child resides; or                      (F)  an employee, volunteer, or other person   working under the supervision of a licensed or unlicensed   child-care facility, including a family home, residential   child-care facility, employer-based day-care facility, or shelter   day-care facility, as those terms are defined in Chapter 42, Human   Resources Code.          SECTION 2.  Section 261.101(b), Family Code, is amended to   read as follows:          (b)  If a professional has cause to believe that a child has   been abused or neglected or may be abused or neglected, or that a   child is a victim of an offense under Section 21.11, Penal Code, and   the professional has cause to believe that the child has been abused   as defined by Section 261.001 [or 261.401], the professional shall   make a report not later than the 48th hour after the hour the   professional first suspects that the child has been or may be abused   or neglected or is a victim of an offense under Section 21.11, Penal   Code.  A professional may not delegate to or rely on another person   to make the report.  In this subsection, "professional" means an   individual who is licensed or certified by the state or who is an   employee of a facility licensed, certified, or operated by the   state and who, in the normal course of official duties or duties for   which a license or certification is required, has direct contact   with children.  The term includes teachers, nurses, doctors,   day-care employees, employees of a clinic or health care facility   that provides reproductive services, juvenile probation officers,   and juvenile detention or correctional officers.          SECTION 3.  Sections 261.301(b), (c), (f), and (h), Family   Code, are amended to read as follows:          (b)  The department [A state agency] shall investigate a   report that alleges abuse, [or] neglect, or exploitation occurred   in a facility operated, licensed, certified, or registered by a   state [that] agency, [as provided by Subchapter E. In conducting an   investigation for] including a facility operated, licensed,   certified, registered, or listed by the department, [the department   shall perform the investigation] as provided by:                (1)  Subchapter E; and                (2)  the Human Resources Code.          (c)  The department is not required to investigate a report   that alleges child abuse, [or] neglect, or exploitation by a person   except as provided by Subsections (a) and (b) [other than a person   responsible for a child's care, custody, or welfare]. The   appropriate state or local law enforcement agency shall investigate   other reports of child abuse, neglect, or exploitation [that   report] if the agency determines an investigation should be   conducted.          (f)  An investigation of a report to the department that   alleges that a child has been or may be the victim of conduct that   constitutes a criminal offense that poses an immediate risk of   physical or sexual abuse of a child that could result in the death   of or serious harm to the child shall be conducted jointly by a   peace officer, as defined by Article 2.12, Code of Criminal   Procedure, from the appropriate local law enforcement agency and   the department [or the agency responsible for conducting an   investigation under Subchapter E].          (h)  The department and the appropriate local law   enforcement agency shall conduct an investigation[, other than an   investigation under Subchapter E,] as provided by this section and   Article 2.27, Code of Criminal Procedure, if the investigation is   of a report that alleges that a child has been or may be the victim   of conduct that constitutes a criminal offense that poses an   immediate risk of physical or sexual abuse of a child that could   result in the death of or serious harm to the child. Immediately on   receipt of a report described by this subsection, the department   shall notify the appropriate local law enforcement agency of the   report.          SECTION 4.  Section 531.02013, Government Code, is amended   to read as follows:          Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN   AGENCIES.  The following functions are not subject to transfer   under Sections 531.0201 and 531.02011:                (1)  the functions of the Department of Family and   Protective Services, including the statewide intake of reports and   other information, related to the following:                      (A)  child protective services, including   services that are required by federal law to be provided by this   state's child welfare agency;                      (B)  adult protective services, other than   investigations of the alleged abuse, neglect, or exploitation of an   elderly person or person with a disability:                            (i)  in a facility operated, or in a facility   or by a person licensed, certified, or registered, by a state   agency; or                            (ii)  by a provider that has contracted to   provide home and community-based services; [and]                      (C)  prevention and early intervention services;   and                      (D)  investigations of alleged abuse, neglect, or   exploitation occurring at a child-care facility, as that term is   defined in Section 40.042, Human Resources Code; and                (2)  the public health functions of the Department of   State Health Services, including health care data collection and   maintenance of the Texas Health Care Information Collection   program.          SECTION 5.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Section 40.042 to read as follows:          Sec. 40.042.  INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND   EXPLOITATION.  (a)  In this section, "child-care facility" includes   a facility, licensed or unlicensed child-care facility, family   home, residential child-care facility, employer-based day-care   facility, or shelter day-care facility, as those terms are defined   in Chapter 42.          (b)  For all investigations of child abuse, neglect, or   exploitation conducted by the child protective services division of   the department, the department shall adopt the definitions of   abuse, neglect, and exploitation provided in Section 261.001,   Family Code.          (c)  The department shall establish standardized policies to   be used during investigations.          (d)  The commissioner may establish units within the child   protective services division of the department to specialize in   investigating allegations of child abuse, neglect, or exploitation   occurring at a child-care facility.          (e)  The department may require that investigators who   specialize in allegations of child abuse, neglect, and exploitation   occurring at child-care facilities receive ongoing training on the   minimum licensing standards for any facilities that are applicable   to the investigator's specialization.          (f)  After an investigation of abuse, neglect, or   exploitation occurring at a child-care facility, the department   shall provide the state agency responsible for regulating the   facility with access to any information relating to the   department's investigation.  Providing access to confidential   information under this subsection does not constitute a waiver of   confidentiality.          (g)  The executive commissioner may adopt rules to implement   this section.          SECTION 6.  Section 42.002(23), Human Resources Code, is   amended to read as follows:                (23)  "Other maltreatment" means:                      (A)  abuse, as defined by Section 261.001 [or   261.401], Family Code; or                      (B)  neglect, as defined by Section 261.001 [or   261.401], Family Code.          SECTION 7.  Section 42.044(c-1), Human Resources Code, is   amended to read as follows:          (c-1)  The department:                (1)  shall investigate a listed family home if the   department receives a complaint that:                      (A)  a child in the home has been abused or   neglected, as defined by Section 261.001 [261.401], Family Code; or                      (B)  otherwise alleges an immediate risk of danger   to the health or safety of a child being cared for in the home; and                (2)  may investigate a listed family home to ensure   that the home is providing care for compensation to not more than   three children, excluding children who are related to the   caretaker.          SECTION 8.  Sections 261.401(a) and (b), Family Code, are   repealed.          SECTION 9.  (a) The changes in law made by this Act apply   only to a report of suspected abuse, neglect, or exploitation of a   child that is made on or after the effective date of this Act. A   report of suspected abuse, neglect, or exploitation that is made   before that date is governed by the law in effect on the date the   report was made, and that law is continued in effect for that   purpose.          (b)  Notwithstanding any provision of Subchapter A-1,   Chapter 531, Government Code, or any other law, the responsibility   for conducting investigations of reports of abuse, neglect, or   exploitation occurring at a child-care facility, as that term is   defined in Section 40.042, Human Resources Code, as added by this   Act, may not be transferred to the Health and Human Services   Commission and remains the responsibility of the Department of   Family and Protective Services.          (c)  As soon as possible after the effective date of this   Act, the commissioner of the Department of Family and Protective   Services shall transfer the responsibility for conducting   investigations of reports of abuse, neglect, or exploitation   occurring at a child-care facility, as that term is defined in   Section 40.042, Human Resources Code, as added by this Act, to the   child protective services division of the department.  The   commissioner shall transfer appropriate investigators and staff as   necessary to implement this subsection.          (d)  The Department of Family and Protective Services shall   implement the standardized definitions and policies required under   Sections 40.042(b) and (c), Human Resources Code, as added by this   Act, not later than December 1, 2017.          SECTION 10.  This Act takes effect September 1, 2017.