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.