89R3730 RAL-D     By: Gervin-Hawkins H.B. No. 1440       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 264.001, Family Code, is amended by   adding Subdivision (6) to read as follows:                (6)  "Substitute care" has the meaning assigned by   Section 263.001.          SECTION 2.  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 children [clients]   for whom the department took protective action, including   investigations, alternative responses, and court-ordered removals;                (3)  information on the number of children [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)  of the children identified under Subdivision   (12):                      (A)  the number of children who were located and   returned to substitute care;                      (B)  the actions taken by the department to locate   those children; and                      (C)  the outcome of each child's case;                (14)  the number of children who were victims of   trafficking under Chapter 20A, Penal Code, while in the managing   conservatorship of the department;                (15)  of the children identified under Subdivision   (14):                      (A)  the actions taken by the department to   resolve each case; and                      (B)  the outcome of each child's case;                (16)  information on the program under Subchapter I,   including:                      (A)  the number of children placed with a relative   or designated caregiver;                      (B)  the percentage of children in the managing   conservatorship of the department who are placed with a relative or   designated caregiver;                      (C)  statistics on the age and race of the   children placed with a relative or designated caregiver;                      (D)  the number of children placed with a relative   or designated caregiver who were part of a sibling group;                      (E)  the number of relative or designated   caregivers who receive financial assistance; and                      (F)  outcome information for children placed with   a relative or designated caregiver including:                            (i)  how many months children spent with a   relative or designated caregiver before a case was closed;                            (ii)  the rates of types of resolutions for   closed cases; and                            (iii)  statistics comparing the outcomes for   relative or designated caregiver placements with and without   financial assistance;                (17)  information on the number of substitute care   providers, other than relative or designated caregivers, who   received financial assistance;                (18)  the number of complaints brought against   substitute care providers;                (19)  the number of children in relative or designated   caregiver placements reunified with their families; and                (20)  the number of children in substitute care, other   than relative or designated caregiver placements, reunified with   their families.          (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 monetary assistance to relative and other   designated caregivers under Section 264.755.          SECTION 3.  This Act takes effect September 1, 2025.