88R13731 BDP-F     By: Blanco S.B. No. 2443       A BILL TO BE ENTITLED   AN ACT   relating to the training program required for certain employees of   the Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 40.035(a) and (b), Human Resources   Code, are amended to read as follows:          (a)  The department shall develop and implement a training   program that each newly hired or assigned department employee must   successfully complete [before:                [(1)  initiating an investigation of a report of   alleged abuse, neglect, or exploitation of an elderly person or   person with a disability under Chapter 48; or                [(2)  providing protective services to elderly persons   or persons with disabilities under that chapter].          (b)  The training program must:                (1)  provide the employee [person] with appropriate   comprehensive information regarding:                      (A)  the incidence and types of reports of abuse,   neglect, and exploitation of elderly persons or persons with   disabilities that are received by the department, including   information concerning false reports; and                      (B)  the use and proper implementation of:                            (i)  the risk assessment criteria developed   under Section 48.004;                            (ii)  the criteria used by caseworkers to   determine whether elderly persons or persons with disabilities lack   capacity to consent to receive protective services; and                            (iii)  the legal procedures available under   Chapter 48 for the protection of elderly persons or persons with   disabilities, including the procedures for obtaining a court order   for emergency protective services under Section 48.208;                (2)  include best practices for management of a case   from the intake process to the provision of protective services,   including criteria that specify the circumstances under which an   employee should:                      (A)  consult a supervisor regarding a case; or                      (B)  refer an elderly person or person with a   disability to an appropriate public agency or community service   provider for guardianship or other long-term services after the   delivery of protective services to that person has been completed;                (3)  provide appropriate specialized training in any   necessary topics, including:                      (A)  investigation of suspected identity theft   and other forms of financial exploitation and suspected   self-neglect; and                      (B)  establishment and maintenance of working   relationships with community organizations and other local   providers who provide services to elderly persons and persons with   disabilities;                (4)  include on-the-job training, which must require   another department caseworker with more experience to accompany and   train the caseworker in the field;                (5)  provide for the development of individualized   training plans;                (6)  include training in working with law enforcement   agencies and the court system when legal intervention is sought for   investigations or emergency orders;                (7)  to the maximum extent possible, include nationally   recognized best practices in addition to the best practices   required under Subdivision (2); and                (8)  include testing, progress reports, or other   evaluations to assess the performance of trainees.          SECTION 2.  Section 40.035, Human Resources Code, as amended   by this Act, applies to an employee who is enrolled in the training   program on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2023.