Note that not all of the bills were signed by the Governor; in particular SB1440 regarding the manner in which CPS may conduct discovery.
The note indicating the Governor’s veto is a link that should take you to an explanation.
81st Legislature – Final Bills
ADOPTION
BIRTH CERTIFICATE
SB 703 by Nelson – Rose: Relating to the provision of a certified copy of a birth certificate for certain minors receiving services from the Department of Family and Protective Services and to the amendment of birth and death certificates.
This bill requires that DSHS not collect a fee for verifying a birth or a copy of a certified birth certificate for a foster child if the child’s parental rights have been terminated and the child is eligible for adoption.
Signed by governor; effective September 1, 2009.
See HB 1151 and SB 2080: Extended adoption assistance
See HB 2225: Adoption review committee
See SB 939: Permanency planning
COURTS
AGING OUT, EXTENDING JURISDICTION
HB 704 by Rose – Nelson: Relating to the jurisdiction of a court over a child in the managing conservatorship of the state after the child’s 18th birthday.
This bill adds a section to the Family Code establishing extended jurisdiction over a foster youth, if the youth requests it, after the youth’s 18th birthday.
Extended jurisdiction would terminate on the youth’s 21st birthday or when the youth withdraws consent in writing to the court.
If the court believes a youth to be incapacitated, the court may extend its jurisdiction without the youth’s consent only to allow DFPS to refer the youth to DADS.
This extended jurisdiction terminates when DADS determines guardianship is not appropriate, the court denies the application, or another guardian is appointed.
The court could renew the appointment of the youth’s attorney ad litem, guardian ad litem or volunteer advocate to help the youth in accessing services.
The court may not appoint DADS as managing conservator or guardian of youth and may not order the department to provide services unless it is authorized and appropriate funds are provided.
A youth who consents to extended jurisdiction has the same rights as any other adult of the same age.
The court may hold periodic review hearings at the request of the youth to assess the services provided.
Signed by governor; effective May 23, 2009.
SIBLING VISITS
HB 1012 by Gonzalez Toureilles – Harris: Relating to the conservatorship or possession of, or access to, a child in a suit affecting the parent-child relationship.
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This is a lengthy, detailed bill governing child custody and visitation, which contains 2 provisions on the rights of siblings to visitation. Section 14 clarifies the current law governing siblings suing for access to a child in the conservatorship of DFPS by providing that the court shall order reasonable access by a sibling to a child in DFPS’ conservatorship, if the court “finds that access is in the best interest of the child” DFPS’ conservatorship. Section 26 provides the specific right to the siblings of a child in DFPS conservatorship to “file a suit for modification requesting access to the child in the court with continuing, exclusive jurisdiction.” (from Conni Barker, DePelchin)
· Signed by governor; effective September 1, 2009.
RELEASE OF INFORMATION
HB 2876 by Patrick – Carona: Relating to the authority of an administrative law judge to order the release of certain information relating to a child abuse and neglect investigation.
· This bill would allow an administrative judge to order DFPS to release certain confidential information regarding a report or investigation of child abuse or neglect on a motion in a contested case relating to the licensing or certification of a professional or an educator.
· DFPS must edit the information to protect the confidentiality of the identity of the person who makes the report.
· Signed by governor; effective June 19, 2009.
CPS ACCESS TO CHILD, RECORDS
SB 1440 by Watson – Madden: Relating to orders and judgments rendered by associate judges in child support and child protection cases and to the investigation of child abuse and neglect.
· This bill allows DFPS to seek a court order without filing suit in order to aid an investigation of child abuse or neglect.
· DFPS will, by court order, have access to the home, school or other location of a child and be allowed to transport a child for the purpose of interview, examination and investigation.
· DFPS will, by court order, have access to the child’s medical, psychiatric and psychological records or to request these examinations.
· The request for the court order must state facts that would lead an ordinary person to believe that the child’s physical or mental health or welfare has been adversely affected by abuse or neglect, the requested order is necessary to aid the investigation, and that there is a fair probability that the allegations will be sustained.
· Vetoed by governor June 19, 2009
CHILD PLACEMENT RESOURCES
SB 2385 by Shapleigh – Naishtat: Relating to information regarding the relative or designated caregivers for a child in the managing conservatorship of the state.
· This bill requires that DFPS provide the court at the full adversary hearing a copy of proposed child placement resources form completed by parent or other legal guardian, a copy of a completed home study, and the name of the relative or designated caregiver with whom the child is to be placed.
· If the child has not been placed with a relative or designated caregiver by the adversary hearing, DFPS will file with the court at statement that explains reasons why the child has not been placed with the listed caregiver, and what actions are being taken to place the child with a relative or other designated caregiver.
· Requires each parent or relative to complete and submit to the court the child placement resources form.
· DFPS must submit required documents no later than ten days before the date of the hearing.
· DFPS is not required to submit documents if child is in adoptive placement or other permanent placement.
· Signed by governor; effective September 1, 2009.
DFPS
RELEASE OF INFO ON CHILD FATALITIES
SB 1050 by Uresti – McClendon: Relating to the release of certain information relating to child fatalities resulting from abuse or neglect.
· This bill requires DFPS to release information on a child fatality it is in the process of investigating as a result of abuse or neglect no later than the fifth day after requested, or not later than the 11th day after the request if the investigation is completed.
· The information released must include the age and sex of child, date of death, whether the child was in foster care, with whom the child resided at the time of death.
· For information released after an investigation is completed, the report must include a summary of any previous reports of abuse or neglect of the child, a disposition of the report, a description of services provided to the family, and the results of any risk or safety assessments.
· If the child’s death occurred while the child was in foster care, the information released should include the date the substitute provider was licensed, a summary of previous reports relating to the substitute provider, including any disposition of an investigation that resulted, and reported licensing violations and action taken by DFPS.
· If DFPS is unable to provide this information before the 11th day after receiving the request or the date the investigation is complete, DFPS must inform the person requesting the information of the date the information will be released.
· After receiving a request for information, DFPS must notify the attorney ad litem for the deceased child.
· Before releasing records, DFPS must redact certain information including the individual who reported the abuse, any other individual that is not the deceased child or the alleged perpetrator, information that would jeopardize the criminal investigation, endanger the life or safety of an individual, or violate other state or federal laws.
· The executive commissioner of HHSC will adopt rules to implement this law.
· Signed by governor; effective September 1, 2009.
VOLUNTARY CAREGIVER MANUAL
SB 1723 by Van de Putte – Guillen: Relating to an informational manual for voluntary caregivers who provide temporary care for children who are the subject of an investigation by the Department of Family and Protective Services.
· This bill adds voluntary caregiver to the list of recipients of DFPS informational manuals. A voluntary caregiver is a person who provides temporary care for a child whose parent or guardian is the subject of a DFPS investigation or is receiving family-based safety services, was placed in care by the legal guardian of the child, and is not a foster child.
· Adds to the list of information to include information regarding the role of the voluntary caregiver, including how to obtain necessary documents to provide for the child’s needs.
· Signed by governor; effective June 19, 2009.
FOSTER CARE
JOBS FOR FORMER FOSTER YOUTH
HB 1043 by Orr – Nelson: Relating to the creation of business opportunities for certain former foster children.
· This bill creates employment preferences at state agencies for former foster youth who age out of the system.
· Preference is over other applicants for the same position who do not have greater qualifications, barring certain positions.
· A grievance process is established.
· This employment preference is only extended to youth age 25 and under.
· Adds former foster youth to the definition of “economically disadvantaged” under qualified businesses and enterprise zones.
· Signed by governor; effective September 1, 2009.
EXTENDED CARE/ASSISTANCE
HB 1151 by Thompson – West: Relating to suits affecting the parent-child relationship, including temporary orders, orders for modification, adoption assistance, and foster care.
· This bill adds foster care payments to a list resources not included when determining a person’s income for the purposes of child support.
· Extended adoption assistance: This bill adds a section to the Family Code that would extend adoption assistance to a child’s adoptive parents after age 18 and until age 21.
· The adoption assistance agreement must have been first entered after the youth was age 16.
· Adoption assistance is granted if the youth regularly attending school or a program leading to a high school diploma, attending post secondary or vocational school, participating in program that removes barriers to employment, is employed at least 80 hours per month, or is incapable of doing these activities due to a documented medical condition.
· The department is not required to provide extended adoption assistance if money is not specifically appropriated for this purpose.
· Trauma-informed training: The department will provide training on trauma-informed programs and services to foster parents, adoptive parents, kinship caregivers, and department caseworkers. The department will pay for the training with gifts, donations, grants, and federal money available through the Fostering Connections Act.
· Extended foster care payments: The department will continue to pay the cost of foster care after a youth is age 18 until age 22 as long as the youth is regularly attending school or a program leading to a high school diploma.
· The department will continue to pay the cost of foster care after a youth is age 18 until age 21 as long as the youth is attending post secondary or vocational school, participating in program that removes barriers to employment, is employed at least 80 hours per month, or is incapable of doing these activities due to a documented medical condition.
· Kin foster payments: Relatives or other designated caregivers who become licensed or verified to operate a foster home are eligible for foster care payments in lieu of other benefits.
· Permanency care assistance agreement: A kinship provider who is licensed or verified and with whom the child has lived for at least 6 months is eligible to enter into a permanency care assistance agreement with the department.
· This agreement may provide for reimbursement of expenses related to obtaining permanent managing conservatorship of the foster child and may not exceed $2000.
· The monthly payments cannot exceed the amount for monthly foster care payments.
· Extended permanency care assistance: If the adoption assistance agreement was first entered after the youth was age 16, the department may extend the benefits until the youth is age 21 provide the youth is regularly attending school or a program leading to a high school diploma, attending post secondary or vocational school, participating in program that removes barriers to employment, is employed at least 80 hours per month, or is incapable of doing these activities due to a documented medical condition.
· The department is not required to provide extended permanency care assistance if money is not specifically appropriated for this purpose.
· Signed by governor; effective September 1, 2009.
DUALLY-MANAGED YOUTH
HB 1629 by Naishtat – Madden: Relating to the care and protection of foster children committed to or released under supervision by the Texas Youth Commission.
· Governs medical consents for foster youth committed to TYC. Contains numerous other provisions governing jurisdiction over and case review of youth in both systems. Provides for a foster youth in TYC to participate in his/her permanency hearings in person, by telephone or by videoconference. Requires HHSC and TYC to jointly adopt rules to ensure that a foster child receives appropriate services while in TYC or on parole from TYC, including medical and mental health care, education, case management, substance abuse assessment and treatment, sex offender treatment, and trauma informed care. DFPS is required to assure monthly visits from the child’s caseworker while he/she is in TYC. TYC must permit communications between the child and DFPS and the child’s attorney and CASA volunteer, and provide each of them with notice of certain actions. DFPS is also to participate in the youth’s transition planning with TYC when the youth is being released from custody.
· Signed by governor; effective May 23, 2009. (from Conni Barker, DePelchin)
TRANSITIONAL LIVINGS SERVICES PROGRAM
HB 1912 by Rodriguez – Van de Putte: Relating to the Transitional Living Services Program and the Preparation for Adult Living Program for foster children transitioning to independent living.
· This bill creates the transitional living services program to assist foster youth age 14 or older in transitioning to independent living.
· This program would allow youth to be enrolled in PAL classes before age 16.
· Requires DFPS to assist youth 14 or older in experiential life-skills training, to include grocery shopping, meal preparation and cooking, using public transportation, performing basic household tasks, and balancing a checkbook.
· Redefines PAL program as a component of transitional living services program to include independent living skills assessment, short-term financial assistance, basic self-help skills, and life skills development to include money management, health and wellness, job skills, planning for the future, housing and transportation, and interpersonal skills.
· Defines transitional living services program as a program administered by DFPS to assist youth in transitioning from foster care to independent living for youth who are 14 to 21 years old.
· Program provides transitional living services, PAL program services, and education and training vouchers.
· Allows foster youth age 18 or older to receive transitional living services if they return to reside with the previously designated perpetrator if the department determines that the person does not pose a threat to the health and safety of the youth.
· DFPS must provide each youth with a certified copy of their birth certificate, social security card, and personal ID certificate on or before the youth’s 16th birthday. DFPS will designate a PAL employee to help them obtain these documents in a timely manner and if necessary help them replace lost documents.
· DFPS will require that transitional living services contractors assist youth in obtaining housing, job training, college preparation, help in getting GED, and any other appropriate transition living services DFPS identifies.
· DFPS will develop best practices for individualized services for foster youth, establish a workgroup that includes former foster youth, providers, CASAs, and other experts to assist the department, develop comprehensive plan to improve services.
· DFPS will report to the legislature by September 1, 2010, to include the plan developed, recommendations on statutory changes, and requests for additional funding if necessary.
· Signed by governor; effective September 1, 2009.
FOSTER CARE/ADOPTION REVIEW COMMITTEE
HB 2225 by Parker – Nelson: Relating to creating a committee to review the process for finding permanent placements for children in the conservatorship of the state.
· This bill requires DFPS to conduct an extensive review of the foster care system to identify obstacles to finding permanent placements for foster children, develop ways to improve the foster care system by reducing the time a child is in foster care before finding a permanent placement, reducing the number of placements outside of home county, and enhancing procedures for adoption.
· An adoption review committee will be developed composed of representatives appointed by the HHSC commissioner from DFPS, adoption providers, Council on Adoptable Children of Texas, adoption attorney, and members appointed by the governor.
· The adoption review committee will meet quarterly and submit a report by December 1, 2010, to the governor, lt. governor, speaker and legislature, to include a summary of findings, obstacles identified, and recommendations for the department and for the legislature.
· The adoption review committee must be appointed by December 1, 2009, and will be abolished September 1, 2011, when this act expires.
· Signed by governor; effective June 19, 2009.
FOSTER PARENT RIGHTS
HB 3137 by Gallego – Nelson: Relating to requiring the Department of Family and Protective Services to develop and provide certain foster parents with a statement regarding the rights and responsibilities of those persons and the agency.
· This bill requires DFPS to develop a list of rights and responsibilities of foster parents.
· DFPS must provide a copy to foster parents and CPAs; CPAs, then, must provide a copy to each foster parent they verify.
· Signed by governor; effective June 19, 2009.
DOCUMENTS FOR FOSTER YOUTH AGING OUT
SB 983 by Davis, Wendy – Rose: Relating to providing certain documents and training to children in the conservatorship of the Department of Family and Protective Services.
· This bill requires DFPS to provide no later than 30 days before a foster child who is age 18 and aging out of care a copy of the child’s birth certificate, immunizations records, health passport, personal ID certificate, social security card, and proof of enrollment in Medicaid, if appropriate.
· Requires DFPS, TEA and DPS to develop a plan to ensure that foster children are provided opportunities to complete a driver’s education course and obtain a driver’s license.
· DFPS must report to the legislature the results of the plan, including cost estimates for driver’s education and insurance, by December 1, 2010.
· Signed by governor; effective September 1, 2009.
PLACEMENT PREFERENCE
SB 1332 by Nelson – Rose: Relating to the placement of certain children who are in the managing conservatorship of the state.
· This bill requires DFPS to consider placing a child who has previously been in foster care back with his/her former foster parents/family if the placement is in the best interest of the child and another placement is not in the best interest of the child.
· Signed by governor; effective September 1, 2009.
PREVENTION, ASSISTANCE, EXTENDED BENEFITS
SB 2080 by Uresti – McClendon: Relating to treating and reducing child abuse and neglect and improving child welfare, including providing assistance for adoptive parents and foster care providers.
· Task force: This bill creates at task force to establish a strategy for reducing child abuse and neglect and improving child welfare.
· Task force members will be appointed by the governor, lt. governor, and speaker and must be actively involved in the fields of prevention of child abuse and neglect and child welfare.
· The task force shall gather information concerning child safety, child abuse and neglect, and child welfare throughout the state, review exemptions from criminal liability to a mother who injures her unborn child by using a controlled substance and examine the effect that repealing the exemptions would have on reducing the number of babies born addicted, receive reports and testimony, create goals for state policy for improvements in child safety, prevent child abuse and neglect, and improve child welfare, and submit a strategic plan to accomplish these goals.
· The strategic plan may include proposals for statutory changes, creation of new programs, methods to foster cooperation among state agencies and state and local government.
· Members must be appointed by October 1, 2009; the strategic plan must be submitted to the governor, lt. governor and speaker before August 1, 2011.
· The task force is abolished on September 1, 2011.
· Adoption assistance: This bill extends adoption assistance to a child’s adoptive parents after age 18 and until age 21 if the original adoption assistance agreement was first entered after the youth was age 16.
· Adoption assistance is granted if the youth is regularly attending school or a program leading to a high school diploma, attending post secondary or vocational school, participating in program that removes barriers to employment, is employed at least 80 hours per month, or is incapable of doing these activities due to a documented medical condition.
· The department is not required to provide extended adoption assistance if money is not specifically appropriated for this purpose.
· Extended foster care: This bill allows the department to continue to pay the cost of foster care after a youth is age 18 until age 22 as long as the youth is regularly attending school or a program leading to a high school diploma.
· The department may continue to pay the cost of foster care after a youth is age 18 until age 21 as long as the youth is attending post secondary or vocational school, participating in program that removes barriers to employment, is employed at least 80 hours per month, or is incapable of doing these activities due to a documented medical condition.
· Designated and relative caregivers: This bill revises the definitions of designated and relative caregivers by adding that they are not licensed or verified to operate a foster home, etc.
· If a relative or designated caregiver becomes licensed or verified to operate a foster home, group home, etc., then they may receive foster care payments in lieu of the caregiver assistance payments.
· Permanency care assistance program: This section creates the permanency care assistance program which is a written agreement between DFPS and a kinship provider for monetary benefits.
· Kinship provider is defined as a relative or other adult who has a longstanding and significant relationship with a foster child, and with whom the child resides for at least six months after the person is licensed or verified to provide foster care.
· Eligible kinship providers may receive reimbursement for nonrecurring expenses as a result of the pursuit of obtaining permanent managing conservatorship of the child, including attorney fees and court costs, not to exceed $2000.
· This program must conform to the requirements of the federal Fostering Connections act.
· The maximum monthly amount under this agreement must not exceed the amount of monthly paid foster care.
· Extended permanency care assistance: Permanency care assistance may be extended after age 18 and until age 21 if the original agreement was first entered after the youth was age 16.
· Benefits may be continued if the youth is regularly attending school or a program leading to a high school diploma, attending post secondary or vocational school, participating in program that removes barriers to employment, is employed at least 80 hours per month, or is incapable of doing these activities due to a documented medical condition.
· The department is not required to provide extended permanency care assistance if money is not specifically appropriated for this purpose.
· DFPS may not enter into permanency care assistance agreements after August 31, 2017, but may continue to pay benefits for agreements entered into before this date.
· The sections on adoption assistance, extended foster care and extended permanency care assistance take effect October 1, 2010.
· Texas Medical Child Abuse Resources and Education System (MEDCARES): This section of the bill requires DFPS to establish the Texas Medical Child Abuse Resources and Education System grant program for the purpose of awarding grants to develop programs to improve the assessment, diagnosis and treatment of child abuse and neglect as described in a report by the pediatric centers of excellence.
· The grants will be used for evaluations, assessments and services, education and training, case reviews and consultations, research and data collection, use of telemedicine, and other activities as determined.
· A medcares advisory committee will be established and include the medical director for DFPS, will accept donations from public and private sources, and must report to the governor and the legislature no later than December 1 of each even-numbered year regarding the activities of the grant program, including results and outcomes. The first report must be before December 1, 2010.
· DSHS is not required to award a grant if money is not specifically appropriated for this purpose.
· Signed by governor; effective September 1, 2009.
See SB 939: Permanency planning
EDUCATION
TUITUON EXEMPTIONS FOR DUAL-CREDIT COURSES
SB 43 by Zaffirini – Gonzalez Toureilles: Relating to tuition and fee exemptions at public institutions of higher education for students who have been under the conservatorship of the Department of Family and Protective Services.
· This bill exempts tuition and fees for dual-credit courses taken in high school for foster children if the child was in foster care: between ages 14 to 18 and also available for adoption, on the day the graduated high school, or during the term the student was enrolled in the dual-credit course; or the student enrolls in dual-credit course for joint high school and college credit before age 25.
· This law applies beginning with the spring 2010 semester.
· Signed by governor; effective May 19, 2009.
ASSISTANCE, EXEMPTIONS, PERMANENCY PLANNING
SB 939 by Watson – Hughes: Relating to benefits and services for children in the conservatorship of the Department of Family and Protective Services, including the exchange of information by the department regarding students in foster care.
· Transition assistance: This bill requires DFPS and TEA enter into a MOU regarding the exchange of information for the department’s evaluation of educational outcome for students in foster care.
· The MOU will require that DFPS provide TEA with demographic information regarding individual students who are in foster care, and TEA will provide DFPS information regarding educational outcomes for these students to include academic achievement, graduation rates, attendance, disciplinary actions, and receipt of special education services.
· DFPS may authorize TEA to provide demographic information regarding individual students to education research centers for additional analysis regarding educational outcomes of students in foster care if approved by the department.
· Tuition exemptions: This bill also allows exemptions from tuition and fees for higher education for students who were in foster care between the ages of 14 to 18, on the day they graduated high school or received their equivalent diploma, or the day preceding the date the student is adopted or the date PMC is awarded to a person other than the student’s parent if that date is on or after September 1, 2009.
· The student must enroll as an undergraduate no lather that his/her 25th birthday.
· TEA and Higher Education coordinating Board will develop outreach programs to ensure that students in foster care in grades 9-12 are aware of this exemption.
· Review teams: This bill revises review teams to include volunteers who live in or broadly represent a region and have expertise in prevention and treatment of child abuse, and also includes parents.
· Permanency plans: DFPS must include in a child’s permanency plan concurrent permanency goals consisting of a primary goal and an alternative goal.
· Permanency goals may include reunification with parent or guardian, termination of parental rights and adoption by a relative or other individual, permanency managing conservatorship to a relative or other individual, or another planned permanent living arrangement.
· If the permanency goal is another planned permanent living arrangement, DFPS must document why the other goals are not in the best interest of the child.
· The permanency progress reports must include a description of the permanency plan including the concurrent permanency goals.
· The court will review all plans to determine whether DFPS has made reasonable efforts to finalize the permanency plan, including the concurrent permanency goals.
· The court will conduct a placement review hearing not later than 90 days after the court renders a final order and conduct additional placement review hearings at least once every six months.
· The placement review report must identify the department’s permanency goal for the child and must include a transition plan for a child who is at least 16 years old that describes the services provided through the Transitional Living Services Program, and, for a child for whom DFPS is the managing conservator and does not include parental rights terminated, describes the efforts to find a permanent placement for a child including efforts to work with the caregiver with whom the child is placed, locate a relative, or evaluate any change in parent’s circumstances.
· If the permanency goal is to find another planned permanent living arrangement, DFPS must document why adoption, PMC with a relative, or return to parents is not in the child’s best interest.
· Placement review hearings: At each placement review hearing, the bill adds that the court will determine whether a permanent placement, including PMC with a relative or returning a child to the parent, is in the best interest of a child who is in DFPS conservatorship without TPR, and whether DFPS documented reasons why adoption, PMC with a relative, ore returning a child to a parent is not in the best interest of the child and whether DFPS identified a family or other caring adult who has made a permanent connection to the child.
· For a child in DFPS conservatorship without TPR, the court may order DFPS to provide services to a parent for no more than six months after the date of the placement review hearing if the child has not been placed with a party that is seeking permanent managing conservatorship, or the court determines that further efforts at reunification is in the best interest of the child or likely to result in the child’s return home.
· Signed by governor; effective June 19, 2009.
TRACKING FOSTER CARE STUDENTS
SB 2248 by Zaffirini – Patrick: Relating to public school students placed in substitute care.
· This bill requires the Texas Education Agency to assist children in substitute care in the transition from one school to another.
· TEA must ensure that school records are transferred no later than the 14th day after the student is enrolled in the new school, develop systems to ease this transition during the first two weeks of enrollment, develop procedures for awarding credit for work completed by the student in the previous school(s), promote access to extracurricular programs, summer programs, credit transfer services, electronic courses and tutoring programs at nominal or no cost, establish procedures to lessen the adverse impact of changing schools, enter into MOU with DFPS regarding the exchange of information for children in substitute care, encourage school districts to assist these students with college applications and financial aid, provide other assistance as identified.
· Allows children in substitute care to enroll in the state’s virtual school network.
· Act applies to beginning of the 2009-2010 school year.
· Signed by governor; effective June 19, 2009.
MEDICAL
STUDY MEDS IN CHILDREN
HB 2163 by Turner, Sylvester – Uresti: Relating to a study regarding the provision of certain medications through the Medicaid vendor drug program to children younger than 16 years of age.
· This bill requires HHSC to study the appropriateness and safety of providing antipsychotic or neuroleptic medication through the Medicaid vendor drug program to children under age 16.
· The study must consider the medical diagnosis of the child, whether the drug is FDS approved for use in a child, whether the child has successfully taken the medication previously, whether the child has access to quality medical care, the medical standard for use of such medication by a child, and any other factors the commission considers relevant.
· The commission must submit a report to the governor, lt. governor, speaker and legislature by November 10, 2010, with the results of the study.
· Signed by governor; effective September 1, 2009.
MISCELLANEOUS
SEXUAL ABUSE PREVENTION STRATEGY
HB 1041 by Parker – West: Relating to school district policies addressing sexual abuse of children and establishment of a state strategy to reduce child abuse and neglect and improve child welfare.
· This bill requires that each school district adopt and implement a policy that addresses the sexual abuse of children and include it in the district improvement plan and in any informational material provided to students and parents.
· The policy must address methods for increasing awareness, including knowledge of warning signs, actions that a child victim should take to get assistance and intervention, and available counseling.
· A task force will be created to develop a strategy for reducing child abuse and neglect and improving child welfare to include appointed members who are actively involved in prevention of child abuse and neglect and child welfare.
· The task for will gather information concerning child safety, abuse and neglect, and child welfare around the state, review exemptions from criminal liability to a mother who injures her unborn child by using a controlled substance and examine the effect that repealing the exemptions would have on reducing the number of babies born addicted, receive reports and testimony, create goals for state policy for improvements in child safety, prevent child abuse and neglect, and improve child welfare, and submit a strategic plan to accomplish these goals.
· The strategic plan may include proposals for statutory changes, creation of new programs, methods to foster cooperation among state agencies and state and local government.
· Members must be appointed by October 1, 2009; the strategic plan must be submitted to the governor, lt. governor and speaker before November 1, 2010.
· The task force is abolished on September 1, 2011.
· Signed by governor; effective June 19, 2009.
BEHAVIORAL HEALTH PILOT
HB 1232 by Menendez – Van de Putte: Relating to establishing a local behavioral health intervention pilot project.
· This bill creates a DSHS pilot program in Bexar County to identify and serve children who are at risk of placement in an alternative setting for behavior management.
· The local mental health authority will enter into a MOU with DFPS, TYC and TEA.
· The pilot will work to develop best practices, identify outcome measures, and ensure a list of providers and services is available to parents, agencies and providers.
· Allows for disclosure of certain information relating to the child.
· The local mental health authority will submit a report of its findings to DSHS no later than December 1, 2010.
· Signed by governor; effective September 1, 2009.
COUNCIL ON CHILDREN AND FAMILIES
SB 1646 by Van de Putte – Naishtat: Relating to the creation of the Council on Children and Families.
· This bill creates the Council on Children and Families for the purpose of coordinating health, education and human services systems for children and families in need, improve coordination and efficiency in state agencies, advisory councils on issues affecting children and local services, prioritize resources, and facilitate an integrated approach to providing services.
· The Council will promote a common vision of desired outcomes, shared accountability for outcomes, and align resources with policies.
· The Council will be composed of the commissioners of HHSC, DSHS, DFPS, DADS, DARS, education, juvenile probation, TYC, TWC, correction office on offenders with medical or mental impairments; public representatives to include parents and youth who have received services from an agency on the council.
· The Council will analyze appropriations requests of council member agencies to see if modifications to eliminate waste can be found no later than May 1 of each even-numbered year and report to the following legislature, investigate opportunities for increased funding, identify methods to remove barriers to local coordination of services, identify methods of appropriate assessment, diagnoses and intervention services, develop methods to prevent parents from relinquishing custody of children unnecessarily, prioritize assisting children in family settings rather that institutional settings, and make recommendations about family involvement in planning services.
· Council-member state agencies may enter into MOU with other agencies for implementation of policies and recommendations after the council identifies a timeline and proposed outcome and benchmarks for measuring implementation, assigns appropriate council members responsibility.
· The Council must report to the governor, lt. governor, speaker, and the legislature by December 1 of each even-numbered year plans and recommendations and information about implementation.
· The Council will be subject to sunset or abolished by September 1, 2019.
· The initial meeting of the Council will be before October 1, 2009.
· Signed by governor; effective June 19, 2009.
NONPROFIT
PUBLIC/PRIVATE COLLABORATION
HB 492 by Zerwas – Kolkhorst: Relating to the expansion of faith- and community-based health and human services and social services initiatives.
· This bill serves to strengthen capacity and build relationships between state agencies and faith- and community-based organizations for the purpose of providing charitable and social services.
· Government liaisons will be appointed by the chief administrative officers, in consultation with the governor, from each health and human services agency and at least nine other state agencies.
· Liaisons will work to identify and remove unnecessary barriers and build partnerships between the state agencies and faith- and community-based organizations, and will provide information and training, develop best practices, conduct outreach, provide support and assistance, and attend federal conferences.
· The Interagency Coordinating Group, comprised of the liaisons, will meet periodically, work across state agencies and with the State Commission on National and Community Service, promote effective partnerships between agencies and organizations that service residents who need assistance.
· Liaisons will provide periodic reports to chief administrative officer who appointed them, report annually to the governor’s office and to the State Commission on National and Community Service.
· The renewing our communities account will be a general revenue account consisting of funds from appropriations, gifts and interest, and will be used for the purposes of increasing capacity and managing operations, establishing local offices, and fostering partnerships.
· Funds may be directly or indirectly appropriated, awarded as a grant, or appropriated to provide matching federal or private funds. All funds are monitored by HHSC.
· Award recipients and information about how the public may request information will be made available on a public website.
· The task force on strengthening nonprofit capacity, established by the HHSC executive commission in consultation with the governor, will include representatives from state agencies, nonprofit organizations, academia, foundations, and other experts, to make recommendations for strengthening capacity for managing operations and funds, and providing services.
· The task force will hold public meetings/hearings at least three times a year in various parts of the state using appropriated money from the accounts. If there is no money, they are not required to meet. Public testimony will be heard at meetings.
· The task force will present a report and recommendations to the legislature no later than September 1, 2010.
· The renewing our communities account advisory committee will be appointed by the executive commissioner and made of leaders in faith- and community-based organizations and must represent the religious, cultural, and geographic diversity of the state. The advisory committee will make recommendations regarding powers and duties of the renewing our communities account and meet twice a year, unless there is no money in the account.
· Signed by governor; effective May 30, 2009.
REGULATION
BACKGROUND CHECKS
SB 68 by Nelson – Darby: Relating to licensing and inspection requirements of the Department of Family and Protective Services for certain facilities and homes providing child care; providing penalties.
· Makes numerous changes in licensing laws. Exempts DFPS licensing and background checks from the general criminal preclusions for licensing and provides specific standards for child care facilities. In general, this law would apply to certain camps and after-school programs, specifically which need to be licensed and which do not. It specifies when kinship caregivers do not need to be licensed (Human Resources Code Sec. 42.041 (b) (20) & (21). Section 7 requires foster homes and residential treatment centers to comply with Chapter 322 of the Health and Safety Code relating to seclusion and restraint. Section 11 codifies the DFPS rules that require criminal history background checks. Requires fingerprint checks of foster or adoptive parents and anyone over age 18 who lives in their home. Also requires fingerprint of directors, owners or operators of a child care facility and any employees who resided in another state during the 5 years preceding the check, or if the director, owner, or operator suspects a criminal history. The department may waive these requirements if it has a fingerprint check on file or otherwise has access to one. (from Conni Barker, DePelchin)
· Signed by governor; effective September 1, 2009.
TRANSPORTATION TRAINING
SB 572 by Shapiro – Huffman: Relating to transportation safety training requirements for certain child-care providers.
· This bill requires DFPS to add at least two hours of training on transportation safety to the minimum standards for all RTC, GRO and group home for owners, operator or employees who transport children whose chronological or developmental age is younger than 9 years. This training will not be additional, but included in the current training.
· The executive commission of HHSC must adopt rules by March 1, 2010.
· Signed by governor; effective September 1, 2009.
Contact our Executive Director, Roy Block, at (512).947.3367
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