reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.037. Training Program for Child Protective Services Managers

Sec. 40.037.  TRAINING PROGRAM FOR CHILD PROTECTIVE SERVICES MANAGERS.  (a)  The department shall develop and implement a training program that each employee who is newly hired or promoted to a management position in the child protective services division must complete as soon as is practicable, but not later than the 60th day after the date the employee is hired or promoted to the management position.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(48), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(48), eff. September 1, 2015.
Added by Acts 2013, 83rd Leg., R.S., Ch. 445 (S.B. 771), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 71, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(48), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.038. Secondary Trauma Support for Caseworkers

Sec. 40.038.  SECONDARY TRAUMA SUPPORT FOR CASEWORKERS.  (a)  In this section, "secondary trauma" means trauma incurred as a consequence of a person's exposure to acute or chronic trauma.
(b)  The department shall develop and make available a program to provide ongoing support to caseworkers who experience secondary trauma resulting from exposure to trauma in the course of the caseworker's employment.  The program must include critical incident stress debriefing.  The department may not require that a caseworker participate in the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.039. Review of Records Retention Policy

Sec. 40.039.  REVIEW OF RECORDS RETENTION POLICY.  The department shall periodically review the department's records retention policy with respect to case and intake records relating to department functions.  The department shall make changes to the policy consistent with the records retention schedule submitted under Section 441.185, Government Code, that are necessary to improve case prioritization and the routing of cases to the appropriate division of the department.  The department may adopt rules necessary to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26(a), eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8(a), eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.040. Case Management Vendor Quality Oversight and Assurance Division; Monitoring of Contract Adherence

Sec. 40.040.  CASE MANAGEMENT VENDOR QUALITY OVERSIGHT AND ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE.  (a)  In this section, "case management," "catchment area," and "community-based care" have the meanings assigned by Section 264.152, Family Code.
(b)  The department shall create within the department the case management services vendor quality oversight and assurance division.  The division shall:
(1)  oversee quality and ensure accountability of any vendor that provides community-based care and full case management services for the department under community-based care;
(2)  conduct assessments on the fiscal and qualitative performance of any vendor that provides foster care services for the department under community-based care;
(3)  create and administer a dispute resolution process to resolve conflicts between vendors that contract with the department to provide foster care services under community-based care and any subcontractor of a vendor; and
(4)  monitor the transfer from the department to a vendor of full case management services for children and families receiving services from the vendor, including any transfer occurring under a pilot program.
(c)  The commission shall contract with an outside vendor with expertise in quality assurance to develop, in coordination with the department, a contract monitoring system and standards for the continuous monitoring of the adherence of a vendor providing foster care services under community-based care to the terms of the contract entered into by the vendor and the commission.  The standards must include performance benchmarks relating to the provision of case management services in the catchment area where the vendor operates.
(d)  The division shall collect and analyze data comparing outcomes on performance measures between catchment areas where community-based care has been implemented and regions where community-based care has not been implemented.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26(a), eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8(a), eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 10.001, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.041. Office of Data Analytics

Sec. 40.041.  OFFICE OF DATA ANALYTICS.  The department shall create an office of data analytics.  The office shall report to the deputy commissioner and may perform any of the following functions, as determined by the department:
(1)  monitor management trends;
(2)  analyze employee exit surveys and interviews;
(3)  evaluate the effectiveness of employee retention efforts, including merit pay;
(4)  create and manage a system for handling employee complaints submitted by the employee outside of an employee's direct chain of command, including anonymous complaints;
(5)  monitor and provide reports to department management personnel on:
(A)  employee complaint data and trends in employee complaints;
(B)  compliance with annual department performance evaluation requirements; and
(C)  the department's use of positive performance levels for employees;
(6)  track employee tenure and internal employee transfers within both the child protective services division and the department;
(7)  use data analytics to predict workforce shortages and identify areas of the department with high rates of employee turnover, and develop a process to inform the deputy commissioner and other appropriate staff regarding the office's findings;
(8)  create and monitor reports on key metrics of agency performance;
(9)  analyze available data, including data on employee training, for historical and predictive department trends; and
(10)  conduct any other data analysis the department determines to be appropriate for improving performance, meeting the department's current business needs, or fulfilling the powers and duties of the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26(a), eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 552 (S.B. 497), Sec. 1, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8(a), eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.042. Investigations of Child Abuse, Neglect, and Exploitation

Sec. 40.042.  INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION.  (a)  In this section, "child-care facility" includes a facility, licensed or unlicensed child-care facility, family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42.
(b)  For all investigations of child abuse, neglect, or exploitation conducted by the child protective services division of the department, the department shall adopt the definitions of abuse, neglect, and exploitation provided in Section 261.001, Family Code.
(c)  The department shall establish standardized policies to be used during investigations.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8
(d)  The commissioner shall establish units within the child protective services division of the department to specialize in investigating allegations of child abuse, neglect, or exploitation occurring at a child-care facility.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26
(d)  The commissioner shall establish units within the child protective services division of the department to specialize in investigating allegations of child abuse, neglect, and exploitation occurring at a child-care facility.
(e)  The department may require that investigators who specialize in allegations of child abuse, neglect, and exploitation occurring at child-care facilities receive ongoing training on the minimum licensing standards for any facilities that are applicable to the investigator's specialization.
(f)  After an investigation of abuse, neglect, or exploitation occurring at a child-care facility, the department shall provide the state agency responsible for regulating the facility with access to any information relating to the department's investigation.  Providing access to confidential information under this subsection does not constitute a waiver of confidentiality.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8
(g)  The executive commissioner or the commissioner of the department, as appropriate, may adopt rules to implement this section.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26
(g)  The department may adopt rules to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26(a), eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8(a), eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter B. Administrative Provisions › Section 40.043. Child Safety and Runaway Prevention Procedures

Sec. 40.043.  CHILD SAFETY AND RUNAWAY PREVENTION PROCEDURES.  The commissioner by rule shall establish the department's strategy to:
(1)  develop trauma-informed protocols for reducing the number of incidents in which a child in the conservatorship of the department runs away from a residential treatment center; and
(2)  balance measures aimed at protecting child safety with federal and state requirements related to normalcy and decision making under the reasonable and prudent parent standard prescribed by 42 U.S.C. Section 675 and Sections 264.001 and 264.125, Family Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0505. Divisions of Department

Sec. 40.0505.  DIVISIONS OF DEPARTMENT.  (a)  The commissioner shall establish the following divisions and offices within the department:
(1)  an investigations division;
(2)  a consolidated data division;
(3)  a legal division that oversees the following:
(A)  legal matters relating to human resources, as necessary to manage the department's workforce and establish the department's hiring and termination policies;
(B)  open records;
(C)  privacy and confidentiality;
(D)  litigation; and
(E)  contract compliance;
(4)  an operations division that oversees department operations and human resources functions of the department; and
(5)  a financial management and accounting services division.
(b)  The commissioner may establish additional divisions within the department as the commissioner determines appropriate.
(c)  The commissioner may assign department functions among the department's divisions.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.05, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.196, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 32, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.051. Strategic Plan for Department

Sec. 40.051.  STRATEGIC PLAN FOR DEPARTMENT.  The department shall develop a departmental strategic plan based on:
(1)  furthering the policy of family preservation;
(2)  the goal of ending the abuse and neglect of children in the conservatorship of the department; and
(3)  the goal of increasing the capacity and availability of foster, relative, and kinship placements in this state.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 9, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1147 (S.B. 956), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0512. Continuity of Services; Information Sharing

Sec. 40.0512.  CONTINUITY OF SERVICES; INFORMATION SHARING.  The department shall make a good faith effort to share relevant and appropriate information with health and human services agencies regarding persons receiving services from the department to ensure continuity of care and the best possible coordination of state-funded resources among health and human services agencies.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 33, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0516. Collection of Data; Annual Report

Sec. 40.0516.  COLLECTION OF DATA; ANNUAL REPORT.  (a)  The department shall collect and compile the following data on the state and county level:
(1)  the following information for reports of abuse and neglect in residential child-care facilities, as defined by Section 42.002:
(A)  the number of reports of abuse and neglect made to the department hotline;
(B)  the types of abuse and neglect reported;
(C)  the investigation priority level assigned to each report;
(D)  the investigation response times, sorted by investigation priority;
(E)  the disposition of each investigation;
(F)  the number of reports of abuse and neglect to which the department assigned a disposition of call screened out or alternative or differential response provided; and
(G)  the overall safety and risk finding for each investigation;
(2)  the number of families referred to family preservation services, organized by the risk level assigned to each family through structured decision-making;
(3)  the number of children removed from the child's home as the result of an investigation of a report of abuse or neglect and the primary circumstances that contributed to the removal;
(4)  the number of children placed in substitute care, organized by type of placement;
(5)  the number of children placed out of the child's home county or region;
(6)  the number of children in the conservatorship of the department at each service level;
(7)  the number of children in the conservatorship of the department who are pregnant or who are a parent;
(8)  the number of children in the managing conservatorship of the department who are the parent of a child who is also in the managing conservatorship of the department;
(9)  the recurrence of child abuse or neglect in a household in which the department investigated a report of abuse or neglect within six months and one year of the date the case was closed separated by the following type of case:
(A)  cases that were administratively closed without further action;
(B)  cases in which the child was removed and placed in  the managing conservatorship of the department; and
(C)  cases in which the department provided family preservation services;
(10)  the recurrence of child abuse and neglect in a household within five years of the date the case was closed for cases described by Subdivisions (9)(B) and (C); and
(11)  workforce turnover data for child protective services employees, including the average tenure of caseworkers and supervisors and the average salary of caseworkers and supervisors.
(b)  Not later than February 1 of each year, the department shall publish a report containing data collected under this section.  The report must include the statewide data and the data reported by county.
Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0521. Rules Regarding Domestic Violence

Sec. 40.0521.  RULES REGARDING DOMESTIC VIOLENCE.  (a)  The executive commissioner shall adopt and the department shall implement rules that require an investigating employee to document indications of domestic violence, including elder, spousal, and child abuse.  The department may develop forms to facilitate the documentation process.
(b)  The executive commissioner by rule shall require that written information, printed in English and Spanish, concerning community services that are available to victims of domestic violence be distributed to those victims.  The department may coordinate its efforts under this subsection with local law enforcement agencies already providing that information.
(c)  The department shall include in its annual report statistical compilations of information regarding domestic abuse documented under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.02(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.198, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0522. Community Education and Training Relating to Child Abuse or Neglect

Sec. 40.0522.  COMMUNITY EDUCATION AND TRAINING RELATING TO CHILD ABUSE OR NEGLECT.  (a)  The department shall assure the availability of community education programs designed to improve participation of the general public in preventing, identifying, and treating cases of child abuse or neglect, including parent education programs.
(b)  The department shall assure that training concerning child abuse or neglect is available to professionals who are required by law to report, investigate, or litigate those cases.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0524. Multidisciplinary Teams

Sec. 40.0524.  MULTIDISCIPLINARY TEAMS.  (a)  In a jurisdiction for which a children's advocacy center has not been established under Section 264.402, Family Code, the department shall, to the extent possible, establish multidisciplinary teams to provide services relating to a report of child abuse or neglect.  A multidisciplinary team shall include professionals in parent education and in each professional discipline necessary to provide comprehensive medical and psychological services to a child who is the subject of a report and to members of the child's household.
(b)  Members of a multidisciplinary team may exchange information relating to a report of child abuse or neglect as necessary to facilitate a thorough investigation of the report.  The executive commissioner may adopt rules governing the exchange of information between team members.
(c)  A multidisciplinary team established under this section shall coordinate services provided by the department to a child and to members of the child's household with services available from other sources, including public and private agencies in the community.  The goal of the multidisciplinary team is to provide the greatest range of services possible without duplication of effort.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(51), eff. September 1, 2015.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 16, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 40.0523 by Acts 2001, 77th Leg., ch. 157, Sec. 1.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.200, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 72, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(51), eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0526. Building Community Partnerships to Support Children and Families

Sec. 40.0526.  BUILDING COMMUNITY PARTNERSHIPS TO SUPPORT CHILDREN AND FAMILIES.  (a)  The department shall develop a statewide strategy to build alliances and networks at the local level that support the detection and treatment of child abuse and neglect and enhance the coordination and delivery of services to children and families.
(b)  The strategy must include plans to:
(1)  move staff from centralized office sites into community-based settings to the greatest extent feasible; and
(2)  enter into agreements for the establishment or development of joint offices or workplaces with local officials and organizations, including:
(A)  children's advocacy centers;
(B)  law enforcement officials;
(C)  prosecutors;
(D)  health care providers; and
(E)  domestic violence shelters.
(c)  The department may employ specialized staff, to the extent that funds are appropriated for that purpose, to serve as:
(1)  local legal liaisons who support the prosecution in each region of legal cases through the judicial system by improving coordination and cooperation in case consultation and preparation of cases for court; and
(2)  local community initiative specialists in each region who focus on building community alliances and networks.
(d)  An agreement made in accordance with this section for the joint location of department personnel with other local officials or organizations is not subject to Chapter 2167, Government Code.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.86, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0527. Public Awareness

Sec. 40.0527.  PUBLIC AWARENESS.  (a)  Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement a statewide public awareness campaign designed to educate the public regarding the abuse, neglect, and exploitation of elderly persons and persons with disabilities.
(b)  The department may use mass communications media, the Internet, publications, or other means of public education in conducting the campaign.
(c)  A public awareness strategy implemented for the program must include:
(1)  the provision of information on the incidence and types of reports of abuse, neglect, and exploitation of elderly persons or persons with disabilities; and
(2)  practices that can reduce the incidences of abuse, neglect, and exploitation of elderly persons or persons with disabilities in this state.
(d)  The department shall enlist the support and assistance of civic, philanthropic, and public service organizations in the performance of the duties imposed under this section.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.05, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.201, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.05275. Business Plan for Child Protective Services

Sec. 40.05275.  BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES.  (a)  The department shall develop and implement a business plan for the child protective services program to prioritize the department's activities and resources to improve the program.
(b)  The department shall coordinate with the department's regional staff in developing the business plan under this section.
(c)  The business plan developed under this section must include:
(1)  long-term and short-term performance goals;
(2)  identification of priority projects and ongoing initiatives that are clearly linked to established goals; and
(3)  a statement of staff expectations that includes identification of:
(A)  the person or team responsible for each project;
(B)  the specific tasks and deliverables expected;
(C)  the resources needed to accomplish each project;
(D)  a time frame for the completion of each deliverable and project; and
(E)  the expected outcome for each project and the method and procedure for measuring the outcome to ensure effective evaluation for each project.
(d)  Not later than October 1 of each even-numbered year, the department shall submit the business plan developed under this section to the governor, lieutenant governor, speaker of the house of representatives, and chairs of the standing committees of the senate and house of representatives having primary jurisdiction over child protection issues.
Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 73, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.36, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0528. Goals for Business Plan for Child Protective Services; Reporting Caseload Information

Sec. 40.0528.  GOALS FOR BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES; REPORTING CASELOAD INFORMATION.  (a)  The department shall consider the following goals in developing the business plan required under Section 40.05275 for the child protective services program:
(1)  reducing caseloads;
(2)  enhancing accountability;
(3)  improving the quality of investigations;
(4)  eliminating delays; and
(5)  ensuring the most efficient and effective use of child protective services staff and resources.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(53), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(53), eff. September 1, 2015.
(d)  In reporting information relating to caseloads of child protective services caseworkers, in addition to reporting caseload by each individual affected by the case, the department shall report the number of cases for each caseworker on the basis of family unit.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.87, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 25, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 75, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(53), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.37, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.38, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0529. Caseload Management

Sec. 40.0529.  CASELOAD MANAGEMENT.  (a)  Subject to a specific appropriation for that purpose, the department shall develop and implement a caseload management system for child protective services caseworkers and managers that:
(1)  ensures equity in the distribution of workload, based on the complexity of each case;
(2)  calculates caseloads based on the number of individual caseworkers who are available to handle cases;
(3)  includes geographic case assignment in areas with concentrated high risk populations, to ensure that an adequate number of caseworkers and managers with expertise and specialized training are available;
(4)  includes a plan to deploy master investigators in anticipation of emergency shortages of personnel; and
(5)  anticipates vacancies in caseworker positions in areas of the state with high caseworker turnover to ensure the timely hiring of new caseworkers in those areas.
(b)  In calculating the caseworker caseload under Subsection (a)(2), the department shall consider at least the following:
(1)  caseworkers who are on extended leave;
(2)  caseworkers who worked hours beyond a normal work week; and
(3)  caseworkers who are on a reduced workload.
Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 17, eff. September 1, 2017.
For expiration of this section, see Subsection (c).
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.05291. Electronic Case Management System

Sec. 40.05291.  ELECTRONIC CASE MANAGEMENT SYSTEM.  (a)  The department shall develop a plan to eliminate the department's use of paper case files and fully transition to an electronic case management system.
(b)  The department shall implement a fully electronic case management system not later than September 1, 2023.
(c)  This section expires September 1, 2025.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 16, eff. June 14, 2021.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.053. Duty to Perform Other Functions

Sec. 40.053.  DUTY TO PERFORM OTHER FUNCTIONS.  The department shall perform other functions as required by law.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.054. Access to Criminal History

Sec. 40.054.  ACCESS TO CRIMINAL HISTORY.  Subject to the availability of funds appropriated by the legislature, the department is entitled to obtain any criminal history information from records maintained by:
(1)  the Department of Public Safety, as prescribed by Section 411.114, Government Code;
(2)  another law enforcement agency in this state, subject to the same procedures and limitations prescribed by Section 411.114, Government Code, as applicable;  or
(3)  federal agencies, as provided by federal law.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.055. Legislative Appropriation Request

Sec. 40.055.  LEGISLATIVE APPROPRIATION REQUEST.  The department shall submit any legislative appropriation request to the commission for comment and for incorporation into the commission's consolidated health and human services budget recommendation.  The legislative appropriation request must comply with state priorities and federal requirements.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.056. Use of Funds

Sec. 40.056.  USE OF FUNDS.  (a)  Notwithstanding any other provision of law, the department may extend the scope of its programs to the extent necessary to ensure that federal matching funds are available, if the department determines that the extension of scope is feasible and within the limits of appropriated funds.
(b)  The department may accept, spend, and transfer federal and state funds appropriated for programs authorized by federal law.  The department may accept, spend, and transfer funds received from any source, including a county, municipality, or public or private agency.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0564. Department Funds

Sec. 40.0564.  DEPARTMENT FUNDS.  All money paid to the department under this chapter is subject to Subchapter F, Chapter 404, Government Code.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.057. Gifts and Grants

Sec. 40.057.  GIFTS AND GRANTS.  The department may accept a gift or grant from a public or private source to perform any of the department's powers or duties.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0581. Performance Measures for Certain Service Provider Contracts

Sec. 40.0581.  PERFORMANCE MEASURES FOR CERTAIN SERVICE PROVIDER CONTRACTS.  (a)  The commission, in collaboration with the department, shall contract with a vendor or enter into an agreement with an institution of higher education to develop, in coordination with the department, performance quality metrics for family-based safety services and post-adoption support services providers.  The quality metrics must be included in each contract with those providers.
(b)  Each provider whose contract with the commission to provide department services includes the quality metrics developed under Subsection (a) must prepare and submit to the department a report each calendar quarter regarding the provider's performance based on the quality metrics.
(c)  The commissioner shall compile a summary of all reports prepared and submitted to the department by family-based safety services providers as required by Subsection (b) and distribute the summary to appropriate family-based safety services caseworkers and child protective services region management once each calendar quarter.
(d)  The commissioner shall compile a summary of all reports prepared and submitted to the department by post-adoption support services providers as required by Subsection (b) and distribute the summary to appropriate conservatorship and adoption caseworkers and child protective services region management.
(e)  The department shall make the summaries prepared under Subsections (c) and (d) available to families that are receiving family-based safety services and to adoptive families.
(f)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(3), eff. June 14, 2021.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 28(a), eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 11(a), eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 10.002, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(3), eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 858 (S.B. 910), Sec. 2(2), eff. June 16, 2021.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0582. Quality Contracting Framework

Sec. 40.0582.  QUALITY CONTRACTING FRAMEWORK.  (a)  The department shall monitor and coordinate with general residential operations providing treatment services to children or young adults with emotional disorders to maintain and improve the quality of residential child-care services purchased by the department.
(b)  In implementing the requirements of Subsection (a), the department shall consider any information the department determines relevant to assess the ability of a contractor or potential contractor to provide quality residential child-care services, including:
(1)  the strength of the operational plan and all required components of the operational plan described by Section 42.252;
(2)  the regulatory history of the contractor; and
(3)  the history of the contractor on satisfying the performance measures developed under Section 40.058.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.0583. State Auditor Review of Contracts

Sec. 40.0583.  STATE AUDITOR REVIEW OF CONTRACTS.  The state auditor shall annually review the department's performance-based contracts to determine whether the department is properly enforcing contract provisions with providers and to provide recommendations for improving department oversight and execution of contracts.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 17, eff. June 14, 2021.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.059. Fees

Sec. 40.059.  FEES.  The executive commissioner by rule may set and the department may collect appropriate fees in the administration and delivery of services.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.202, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.060. Indemnification for Legal Expenses

Sec. 40.060.  INDEMNIFICATION FOR LEGAL EXPENSES.  If a present or former employee of the department who is or was involved in activities relating to the protection of children or elderly persons or persons with disabilities is criminally prosecuted for conduct involving the person's misfeasance or nonfeasance in the course and scope of the person's employment and is found not guilty after a trial or appeal or if the complaint or indictment is dismissed without a plea of guilty or nolo contendere being entered, the department may indemnify the person or the person's estate for the reasonable attorney's fees incurred in defense of the prosecution up to a maximum of $10,000.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.203, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.061. Immunity

Sec. 40.061.  IMMUNITY.  (a)  A department employee, a member of a multidisciplinary team established under Section 40.0524, or an authorized department volunteer who performs a departmental duty or responsibility is immune from civil or criminal liability for any act or omission that relates to the duty or responsibility if the person acted in good faith and within the scope of the person's authority.
(b)  In this section, "volunteer" means a person who:
(1)  renders services for or on behalf of the department under the supervision of a department employee;  and
(2)  does not receive compensation that exceeds the authorized expenses the person incurs in rendering those services.
(c)  This section does not provide immunity to a department employee who, in a suit affecting the parent-child relationship in which child abuse is alleged or that arises out of a child abuse investigation, in a criminal prosecution for an offense in which child abuse is an element, or in the preparation of the suit or prosecution:
(1)  commits or attempts to commit perjury;
(2)  fabricates or attempts to fabricate evidence;
(3)  knowingly conceals or intentionally withholds information that would establish that a person alleged to have committed child abuse did not commit child abuse;  or
(4)  violates state or federal law in the investigation or prosecution of the suit.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 20, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 157, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.062. Exemption From Certain Costs and Fees

Sec. 40.062.  EXEMPTION FROM CERTAIN COSTS AND FEES.  The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including a:
(1)  filing fee or fee for issuance or service of process imposed by Section 110.002, Family Code, or by Section 51.319, Government Code;
(2)  transfer fee imposed by Section 110.002 or 110.005, Family Code;
(3)  judge's fee imposed by Section 25.0008 or 25.0029, Government Code;
(4)  cost or security fee imposed by Section 53.051, 53.052, 1053.051, or 1053.052, Estates Code; or
(5)  fee imposed by a county officer under Section 118.011 or 118.052, Local Government Code.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 21, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 426, Sec. 6, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 9.001(g), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 733, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.204, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.07, eff. January 1, 2022.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.063. Exceptions From Certain Provisions of Administrative Procedure Act

Sec. 40.063.  EXCEPTIONS FROM CERTAIN PROVISIONS OF ADMINISTRATIVE PROCEDURE ACT.  Section 2001.038 and Subchapters C through H, Chapter 2001, Government Code, do not apply to the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under a service program of the department.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.