89R3095 DNC-D     By: Noble H.B. No. 140       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the child and adult protective   investigations advisory committee in the Department of Family and   Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Section 40.031 to read as follows:          Sec. 40.031.  CHILD AND ADULT PROTECTIVE INVESTIGATIONS   ADVISORY COMMITTEE. (a) The commissioner shall establish an   advisory committee on child and adult protective investigations to   improve the accuracy and standardization of the application of   investigative legal requirements and department investigative   policies and procedures during child or adult abuse, neglect, and   exploitation investigations. The advisory committee shall advise   the department on:                (1)  developing policies and procedures to increase the   accuracy and consistency of abuse, neglect, and exploitation   investigation processes and procedures;                (2)  developing a model for conducting investigations   that ensures compliance with due process requirements;                (3)  developing a consistent engagement model for   interacting with legal advocates, courts, and judicial branch   procedures;                (4)  developing effective training for all   investigative employees;                (5)  increasing compliance with investigation   procedures and processes;                (6)  developing a data-informed model for conducting   investigations; and                (7)  providing a forum for public input on problems or   concerns related to investigations.          (b)  The advisory committee shall:                (1)  make recommendations for:                      (A)  conducting investigations;                      (B)  overseeing compliance with investigative   requirements under state and federal law;                      (C)  developing policies and procedures to   protect the due process rights of individuals subject to:                            (i)  adult abuse or neglect investigations;   and                            (ii)  child abuse or neglect investigations;   and                      (D)  consistently executing policies and   procedures across all department jurisdictions regardless of the   race, gender, age, and socioeconomic status of the subject of an   investigation;                (2)  identify any challenges or barriers to:                      (A)  the standardization of investigative   practices and procedures; and                      (B)  the application and implementation in the   field of legal requirements and department investigative policies   and procedures in child or adult abuse and neglect investigations;                (3)  make recommendations to address issues identified   under Subdivision (2), including any human resource accountability   measures to address those issues; and                (4)  supervise any external organizations that   participate in the investigation processes and make   recommendations for legal procedures for the operations of those   organizations.          (c)  The advisory committee is composed of the following 13   members:                (1)  one member from the governor's office, who shall   serve as the chair, appointed by the governor;                (2)  one member from the lieutenant governor's office,   who shall serve as the vice chair, appointed by the lieutenant   governor;                (3)  one member from the office of the speaker of the   house of representatives appointed by the speaker;                (4)  one member appointed by the commissioner;                (5)  the department's deputy commissioner for child   protective investigations;                (6)  a regional director of investigations appointed by   the commissioner;                (7)  at least one child protective investigations   supervisor and investigator appointed by the commissioner from each   of the following:                      (A)  a rural region; and                      (B)  an urban region;                (8)  a district judge appointed by the governor;                (9)  one parent or caregiver, who has been involved in a   child protective services legal case, appointed by the   commissioner; and                (10)  three members appointed by the commissioner who   are a current or former:                      (A)  county district attorney;                      (B)  attorney assigned to represent caregivers in   legal cases involving the department;                      (C)  attorney assigned to represent children in   legal cases involving the department;                      (D)  associate judge who hears or has heard child   protective services legal cases; or                      (E)  state or local law enforcement officer.          (d)  In appointing the members of the advisory committee   under Subsection (c)(10), the commissioner may select only one   person from each group described by Subsection (c)(10)(A)-(E).          (e)  An individual may not serve on the advisory committee as   a member appointed under Subsection (c)(1), (2), (3), (4), (8),   (9), or (10) if the individual is:                (1)  employed by a state agency or contracts with the   department, child welfare vendors, or behavioral health providers   and organizations contracted with the department or the Health and   Human Services Commission, notwithstanding approved department   personnel; or                (2)  related within the third degree of consanguinity   of individuals who work at the department or for organizations that   contract with the department or hold contracts with vendors of the   department, including vendors in community-based care.          (f)  Members of the advisory committee shall recuse   themselves from the committee's deliberation regarding   recommendations that directly relate to a case that involves the   member.          (g)  The chair of the advisory committee shall direct the   advisory committee and the department shall provide administrative   support and resources to the advisory committee as necessary for   the advisory committee to perform the advisory committee's duties   under this section.          (h)  The advisory committee shall meet quarterly in Austin or   at another location determined by the chair.  A meeting of the   advisory committee under this section is subject to Chapter 551,   Government Code.  The advisory committee shall receive public   testimony at each public meeting. The department shall stream live   video and audio of each advisory committee meeting over the   Internet and make available on the department's Internet website   archived video and audio of each advisory committee meeting. The   department shall maintain the archived video and audio of the   meeting on the department's Internet website until the seventh   anniversary of the date of the meeting.          (i)  Not later than August 31st of each year, the advisory   committee shall submit a report to the governor, the lieutenant   governor, the speaker of the house of representatives, members of   the legislature, and the commissioner.  The department shall   publish the report on the department's Internet website.  The   report must include the following information for the state and for   each department region:                (1)  the number of:                      (A)  phone calls made to the agency that resulted   in an investigation for child or adult abuse or neglect;                      (B)  completed investigations for child or adult   abuse or neglect;                      (C)  each type of case disposition;                      (D)  administrative closures;                      (E)  abbreviated investigations;                      (F)  children removed from the child's home;                      (G)  children placed in foster care;                      (H)  cases in which the child was not removed from   the child's home but the family received family-based safety   services or family preservation services;                      (I)  cases per investigator in unspecialized   investigative units; and                      (J)  cases per investigator in specialized   investigative units;                (2)  the average employment rate for unspecialized   investigators and supervisors and specialized investigators and   supervisors;                (3)  the average amount of time to complete   investigations for each level of investigation;                (4)  the total number of administrative reviews of   investigation findings and the results of those investigations for   that year;                (5)  the number of complaints filed with the office of   consumer affairs of the department and the Office of Inspector   General;                (6)  any identified challenges to:                      (A)  the standardization of an investigative   training program; and                      (B)  the application and implantation in the field   or of legal requirements and department investigative policies and   procedures in child or adult abuse and neglect investigations;                (7)  the committee's recommendations for improving any   identified challenges under Subdivision (6), including any human   resource accountability measures to address those issues; and                (8)  recommendations on human resource accountability   measures for individuals investigating or supervising the   investigation of cases of suspected child or adult abuse or   neglect.          (j)  The advisory committee is abolished and this section   expires on September 1, 2029.          SECTION 2.  This Act takes effect September 1, 2025.