By: Burkett, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1549          (In the Senate - Received from the House May 8, 2017;   May 9, 2017, read first time and referred to Committee on Health &   Human Services; May 22, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 0;   May 22, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 1549 By:  Kolkhorst     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.  Section 261.204(a), Family Code, is amended to   read as follows:          (a)  Not later than March 1 of each year, the [The]   department shall publish an [annual] aggregated report using   information compiled from each child fatality investigation for   which the department made a finding regarding abuse or neglect,   including cases in which the department determined the fatality was   not the result of abuse or neglect.  The report must protect the   identity of individuals involved and contain the following   information:                (1)  the age and sex of the child and the county in   which the fatality occurred;                (2)  whether the state was the managing conservator of   the child or whether the child resided with the child's parent,   managing conservator, guardian, or other person entitled to the   possession of the child at the time of the fatality;                (3)  the relationship to the child of the individual   alleged to have abused or neglected the child, if any;                (4)  the number of any department abuse or neglect   investigations involving the child or the individual alleged to   have abused or neglected the child during the two years preceding   the date of the fatality and the results of the investigations;                (5)  whether the department offered family-based   safety services or conservatorship services to the child or family;                (6)  the types of abuse and neglect alleged in the   reported investigations, if any; and                (7)  any trends identified in the investigations   contained in the report.          SECTION 2.  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 3.  Subchapter B, Chapter 264, Family Code, is   amended by adding Section 264.1261 to read as follows:          Sec. 264.1261.  FOSTER CARE CAPACITY NEEDS PLAN. (a)  In   this section, "community-based foster care" means the redesigned   foster care services system required by Chapter 598 (S.B. 218),   Acts of the 82nd Legislature, Regular Session, 2011.          (b)  Appropriate department management personnel from a   child protective services region in which community-based foster   care has not been implemented, in collaboration with foster care   providers, faith-based entities, and child advocates in that   region, shall use data collected by the department on foster care   capacity needs and availability of each type of foster care and   kinship placement in the region to create a plan to address the   substitute care capacity needs in the region. The plan must   identify both short-term and long-term goals and strategies for   addressing those capacity needs.          (c)  A foster care capacity needs plan developed under   Subsection (b) must be:                (1)  submitted to and approved by the commissioner; and                (2)  updated annually.          (d)  The department shall publish each initial foster care   capacity needs plan and each annual update to a plan on the   department's Internet website.          SECTION 4.  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 5.  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 make available 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 unless the committee member is an appointed representative   of a state agency.          SECTION 6.  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) In   this section, "near fatality" means a case where a physician has   certified that a child is in critical or serious condition, and a   caseworker determines that the child's condition was caused by the   abuse or neglect of the child.          (b)  The department 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 must also develop a data   collection strategy for near fatality child abuse or neglect cases.          Sec. 264.5032.  REPORT ON CHILD FATALITY AND NEAR FATALITY   DATA. (a) The department shall produce an aggregated report   relating to child fatality and near fatality cases resulting from   child abuse or neglect 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; and                      (B)  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)  In preparing the part of the report required by   Subsection (a)(1), the department shall include information   contained in department records retained in accordance with the   department's records retention schedule.          (c)  The report produced under this section must protect the   identity of individuals involved in a case that is included in the   report.          (d)  The department may combine the report required under   this section with the annual child fatality report required to be   produced under Section 261.204.          SECTION 7.  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 8.  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 9.  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 10.  (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 11.  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 12.  Section 265.005(b), Family Code, is amended 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)  identify strategies to increase the number of   high-risk families and communities receiving prevention and early   intervention services each year, subject to the availability of   funds.          SECTION 13.  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 14.  Subchapter C, Chapter 40, Human Resources Code,   is amended by adding Section 40.0516 to read as follows:          Sec. 40.0516.  COLLECTION OF DATA; ANNUAL REPORT. (a)  The   department shall collect and compile the following data on the   state and county level:                (1)  the following information for reports of abuse and   neglect in residential child-care facilities, as defined by Section   42.002:                      (A)  the number of reports of abuse and neglect   made to the department hotline;                      (B)  the types of abuse and neglect reported;                      (C)  the investigation priority level assigned to   each report;                      (D)  the investigation response times, sorted by   investigation priority;                      (E)  the disposition of each investigation;                      (F)  the number of reports of abuse and neglect to   which the department assigned a disposition of call screened out or   alternative or differential response provided; and                      (G)  the overall safety and risk finding for each   investigation;                (2)  the number of families referred to family   preservation services, organized by the risk level assigned to each   family through structured decision-making;                (3)  the number of children removed from the child's   home as the result of an investigation of a report of abuse or   neglect and the primary circumstances that contributed to the   removal;                (4)  the number of children placed in substitute care,   organized by type of placement;                (5)  the number of children placed out of the child's   home county or region;                (6)  the number of children in the conservatorship of   the department at each service level;                (7)  the number of children in the conservatorship of   the department who are pregnant or who are a parent;                 (8)  the number of children in the managing   conservatorship of the department who are the parent of a child who   is also in the managing conservatorship of the department;                (9)  the recurrence of child abuse or neglect in a   household in which the department investigated a report of abuse or   neglect within six months and one year of the date the case was   closed separated by the following type of case:                      (A)  cases that were administratively closed   without further action;                      (B)  cases in which the child was removed and   placed in the managing conservatorship of the department; and                      (C)  cases in which the department provided family   preservation services;                (10)  the recurrence of child abuse and neglect in a   household within five years of the date the case was closed for   cases described by Subdivisions (9)(B) and (C); and                (11)  workforce turnover data for child protective   services employees, including the average tenure of caseworkers and   supervisors and the average salary of caseworkers and supervisors.          (b)  Not later than February 1 of each year, the department   shall publish a report containing data collected under this   section.  The report must include the statewide data and the data   reported by county.          SECTION 15.  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 shall consider at least the following:                (1)  caseworkers who are on extended leave;                (2)  caseworkers who worked hours beyond a normal work   week; and                (3)  caseworkers who are on a reduced workload.          SECTION 16.  Subchapter C, Chapter 40, Human Resources Code,   is amended by adding Section 40.078 to read as follows:          Sec. 40.078.  PREVENTION TASK FORCE. (a)  In this section,   "task force" means the Prevention Task Force.          (b)  The commissioner shall establish the Prevention Task   Force to make recommendations to the department for changes to law,   policy, and practices regarding:                (1)  the prevention of child abuse and neglect;                (2)  the implementation of the changes in law made by   H.B. 1549, Acts of the 85th Legislature, Regular Session, 2017; and                (3)  the implementation of the department's five-year   strategic plan for prevention and early intervention services   developed under Section 265.005, Family Code.          (c)  The commissioner shall determine the number of members   on the task force and shall appoint members to the task force   accordingly. Members of the task force may 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.          (d)  The commissioner shall select the chair of the task   force.          (e)  The task force shall meet at times and locations as   determined by the chair of the task force.          (f)  A vacancy on the task force shall be filled in the same   manner as the original appointment.          (g)  A member of the task force is not entitled to   compensation or reimbursement of expenses incurred in performing   duties related to the task force.          (h)  The department shall provide reasonably necessary   administrative and technical support to the task force.          (i)  The department may accept on behalf of the task force a   gift, grant, or donation from any source to carry out the purposes   of the task force.          (j)  Chapter 2110, Government Code, does not apply to the   task force.          (k)  Not later than August 31, 2018, the task force shall   submit a report to the commissioner. The report must include:                (1)  a description of the activities of the task force;   and                (2)  the findings and recommendations of the task   force.           (l)  The task force is abolished and this section expires   August 31, 2018.           SECTION 17.  As soon as practicable after the effective date   of this Act, the commissioner of the Department of Family and   Protective Services shall appoint members to the Prevention Task   Force created by this Act under Section 40.078, Human Resources   Code, as added by this Act.          SECTION 18.  This Act takes effect only if a specific   appropriation for the implementation of the Act is provided in a   general appropriations act of the 85th Legislature. If the   legislature does not appropriate money specifically for the purpose   of implementing this Act, this Act has no effect.          SECTION 19.  This Act takes effect September 1, 2017.     * * * * *