By: Hernandez, Frank, Faircloth, Blanco 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.  Section 261.301, Family Code, is amended by   amending Subsections (b), (c), and (h) and adding Subsection (b-1)   to read as follows:          (b)  Except as provided by Subsection (b-1), a [A] state   agency shall investigate a report that alleges abuse, [or] neglect,   or exploitation occurred in a facility operated, licensed,   certified, or registered by that agency as provided by Subchapter   E. In conducting an investigation for 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.          (b-1)  The department shall investigate a report that   alleges abuse, neglect, or exploitation occurred in a facility   operated, licensed, certified, or registered by the Health and   Human Services Commission, the department, or another health and   human services agency listed in Section 531.001, Government Code.   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.          (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 261.401(b), Family Code, is amended to   read as follows:           (b)  Except as provided by Sections 261.301 and [Section]   261.404, a state agency that operates, licenses, certifies,   registers, or lists a facility in which children are located or   provides oversight of a program that serves children shall make a   prompt, thorough investigation of a report that a child has been or   may be abused, neglected, or exploited in the facility or program.   The primary purpose of the investigation shall be the protection of   the child.          SECTION 5.  Sections 261.405(a) and (c), Family Code, are   amended to read as follows:           (a)  Notwithstanding Section 261.001, in [In] this section:                (1)  "Abuse" means an intentional, knowing, or reckless   act or omission by an employee, volunteer, or other individual   working under the auspices of a facility or program that causes or   may cause emotional harm or physical injury to, or the death of, a   child served by the facility or program as further described by rule   or policy.                (2)  "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.                (3)  "Juvenile justice facility" means a facility   operated wholly or partly by the juvenile board, by another   governmental unit, or by a private vendor under a contract with the   juvenile board, county, or other governmental unit that serves   juveniles under juvenile court jurisdiction. The term includes:                      (A)  a public or private juvenile   pre-adjudication secure detention facility, including a holdover   facility;                      (B)  a public or private juvenile   post-adjudication secure correctional facility except for a   facility operated solely for children committed to the Texas   Juvenile Justice Department; and                      (C)  a public or private non-secure juvenile   post-adjudication residential treatment facility that is not   licensed by the Department of Family and Protective Services or the   Department of State Health Services.                (4) [(2)]  "Juvenile justice program" means a program   or department operated wholly or partly by the juvenile board or by   a private vendor under a contract with a juvenile board that serves   juveniles under juvenile court jurisdiction. The term includes:                      (A)  a juvenile justice alternative education   program;                      (B)  a non-residential program that serves   juvenile offenders under the jurisdiction of the juvenile court;   and                      (C)  a juvenile probation department.                (5)  "Neglect" means a negligent act or omission by an   employee, volunteer, or other individual working under the auspices   of a facility or program, including failure to comply with an   individual treatment plan, plan of care, or individualized service   plan, that causes or may cause substantial emotional harm or   physical injury to, or the death of, a child served by the facility   or program as further described by rule or policy.          (c)  The Texas Juvenile Justice Department shall make a   prompt, thorough [conduct an] investigation as provided by this   chapter if that department receives a report of alleged abuse,   neglect, or exploitation in any juvenile justice program or   facility. The primary purpose of the investigation shall be the   protection of the child.          SECTION 6.  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 7.  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 8.  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 9.  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 10.  Section 261.401(a), Family Code, is repealed.          SECTION 11.  (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 12.  This Act takes effect September 1, 2017.