Relating to the creation of the child and adult protective investigations advisory committee in the Department of Family and Protective Services.

89(R) SB 425 - Introduced version - Bill Text

89R3095 DNC-D

By: Kolkhorst

S.B. No. 425

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.