88S30034 MLH-D     By: Gervin-Hawkins H.B. No. 35       A BILL TO BE ENTITLED   AN ACT   relating to the Department of Family and Protective Services'   annual report of key performance measures and data elements for   child protection; authorizing a penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 264.017, Family Code, is amended by   amending Subsection (b) and adding Subsection (g) to read as   follows:          (b)  The department shall provide the report required by   Subsection (a) to the legislature and shall publish the report and   make the report available electronically to the public, including   by posting the report on the department's Internet website, not   later than February 1 of each year.  The report must include, with   respect to the preceding year:                (1)  information on the number and disposition of   reports of child abuse and neglect received by the department;                (2)  information on the number of clients for whom the   department took protective action, including investigations,   alternative responses, and court-ordered removals;                (3)  information on the number of clients for whom the   department provided services in each program administered by the   child protective services division, including investigations,   alternative responses, family-based safety services,   conservatorship, post-adoption services, and transitional living   services;                (4)  the number of children in this state who died as a   result of child abuse or neglect;                (5)  the number of children described by Subdivision   (4) for whom the department was the children's managing conservator   at the time of death;                (6)  information on the timeliness of the department's   initial contact in an investigation or alternative response;                (7)  information on the response time by the department   in commencing services to families and children for whom an   allegation of child abuse or neglect has been made;                (8)  information regarding child protection staffing   and caseloads by program area;                (9)  information on the permanency goals in place and   achieved for children in the managing conservatorship of the   department, including information on the timeliness of achieving   the goals, the stability of the children's placement in foster   care, and the proximity of placements to the children's home   counties;                (10)  the number of children who suffer from a severe   emotional disturbance and for whom the department is appointed   managing conservator, including statistics on appointments as   joint managing conservator, due to an individual voluntarily   relinquishing custody of a child solely to obtain mental health   services for the child;                (11)  the number of children who are pregnant or a   parent while in the managing conservatorship of the department and   the number of the children born to a parent in the managing   conservatorship of the department who are placed in the managing   conservatorship of the department;                (12)  the number of children who are missing from the   children's substitute care provider while in the managing   conservatorship of the department; [and]                (13)  the number of children who were victims of   trafficking under Chapter 20A, Penal Code, while in the managing   conservatorship of the department; and                (14)  information on the state's kinship care program.          (g)  The comptroller shall assess a penalty against the   department in the amount of $1,000 for each day after February 1 the   department has not filed the report under Subsection (b). The   comptroller shall reallocate the amount assessed as a penalty under   this subsection as necessary to allow the department to use the   money to provide financial assistance to relative and other   designated caregivers under Section 264.755.          SECTION 2.  This Act takes effect on the 91st day after the   last day of the legislative session.