85R5275 YDB-D     By: Wu H.B. No. 723       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of county boards to oversee the   provision of child protective services in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 2, Human Resources Code, is amended by   adding Subtitle F to read as follows:   SUBTITLE F. COUNTY OVERSIGHT OF CHILD PROTECTIVE SERVICES   CHAPTER 57. COUNTY CHILD PROTECTIVE SERVICES BOARDS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 57.001.  DEFINITIONS. In this chapter:                (1)  "Board" means the child protective services board   for a county.                (2)  "Department" means the Department of Family and   Protective Services.   SUBCHAPTER B. BOARD          Sec. 57.051.  ESTABLISHMENT OF CHILD PROTECTIVE SERVICES   BOARD. (a)  The commissioners court of a county with a population   of 300,000 or more shall establish a child protective services   board to oversee the child protective services provided in the   county.          (b)  The commissioners court of a county with a population of   less than 300,000 may establish a child protective services board   to oversee the child protective services provided in the county.          (c)  The commissioners courts of two or more counties may   agree to operate a combined board to oversee child protective   services in each county.          Sec. 57.052.  COMPOSITION OF BOARD. (a) The commissioners   court of a county shall coordinate the appointment of members to the   board. The board is composed of the following members:                (1)  except as provided by Subsection (b), each judge   of a district court in the county with jurisdiction over child   protective services cases, or the judge's appointed associate judge   who is assigned those cases;                (2)  a representative from the office of the attorney   who represents the state in child protective services cases brought   in the county, selected by that office;                (3)  the county judge of the county or a commissioners   court representative, selected by the commissioners court;                (4)  one department employee in the regional office   located in the county, selected by the department;                (5)  one court-appointed special advocate, selected by   a county child advocate organization designated by the   commissioners court; and                (6)  except as provided by Subsection (c), one attorney   in the county who has experience as an attorney ad litem in child   protective services cases, selected by the board.          (b)  If a county has more than six judges described by   Subsection (a)(1), the local administrative judge shall appoint   three of the described judges to serve on the board.          (c)  The commissioners court of a county shall make the   initial appointment of the member described by Subsection (a)(6).          (d)  The members who are selected for appointment under   Subsection (a) serve two-year terms and may be reappointed by the   selecting entity subject to the approval of the board or   commissioners court, as appropriate.          Sec. 57.053.  PRESIDING OFFICER. The board shall elect one   of its members as presiding officer at the first regular board   meeting each calendar year. The presiding officer shall perform   the duties required by the board to accomplish the purposes of this   chapter.          Sec. 57.054.  MEETINGS; PUBLIC INTEREST INFORMATION AND   PUBLIC ACCESS.  (a)  The board shall hold regular meetings each year   on dates set by the board and special meetings at the call of the   presiding officer.          (b)  The board shall develop and implement policies that   provide the public with a reasonable opportunity to appear before   the board and to speak on any issue under the jurisdiction of the   board.          (c)  The board shall prepare information of public interest   describing the functions of the board. The board shall make the   information available to the public and appropriate state agencies.   SUBCHAPTER C. POWERS AND DUTIES          Sec. 57.101.  DUTIES. (a)  The board shall oversee, review,   and make recommendations related to the department's child   protective services program in the county, including:                (1)  the protective services provided to children;                (2)  the investigations of alleged abuse or neglect of   children;                (3)  the family support and family preservation   services;                (4)  the programs for early intervention or prevention   of at-risk behaviors that lead to child abuse, delinquency, running   away, truancy, and dropping out of school; and                (5)  the policies, including financial policies, for   the provision of child protective services.          (b)  The recommendations provided under Subsection (a)   should include procedures the department can implement to:                (1)  reduce the number of abused and neglected children   in the county;                (2)  increase the number of foster care placements in   the county for children residing in the county at the time of   initial placement in child protective services;                 (3)  increase foster parent recruiting in the county;                (4)  reduce the time a child is placed in foster care;                (5)  facilitate adoptions in the county for children   residing in the county at the time of initial placement in the   department's managing conservatorship;                (6)  provide additional assistance to children aging   out of foster care and to children with special needs; and                (7)  increase the treatment options and services   available to children in the managing conservatorship of the   department and to the children's families.          Sec. 57.102.  CONFIDENTIALITY OF INFORMATION. (a) The   board shall establish and enforce policies governing the custody,   use, and preservation of the board's records and communications.          (b)  The board shall prescribe safeguards to govern the use   or disclosure of privileged or confidential information relating to   the board's duties or to an investigation the board conducts in   performing its duties. The safeguards must be consistent with the   purposes of the board's duties and comply with applicable state and   federal law.          Sec. 57.103.  REPORTS; APPROPRIATION REQUESTS. (a) A board   described by Section 57.051(a) shall and a board described by   Section 57.051(b) or (c) may annually prepare and submit to the   lieutenant governor, the speaker of the house of representatives,   and each member of the legislature a report on:                (1)  the provision of child protective services in the   county;                (2)  recommendations for changes in the provision of   child protective services in the county; and                (3)  any other information required by the legislature.          (b)  The board may submit any legislative appropriation   request related to the operations of the board to the department for   incorporation in the department's budget.          Sec. 57.104.  IMMUNITY FROM LIABILITY. (a) A board member   is not liable for damages arising from an act or omission committed   while performing duties as a board member.          (b)  This section does not apply if the act or omission is:                (1)  reckless or intentional;                (2)  done wilfully, wantonly, or with gross negligence;   or                (3)  done with conscious indifference or reckless   disregard for the safety of others.          SECTION 2.  As soon as practicable after the effective date   of this Act, each county with a population of 300,000 or more shall   establish a child protective services board for the county in   accordance with Chapter 57, Human Resources Code, as added by this   Act.          SECTION 3.  This Act takes effect September 1, 2017.