BILL ANALYSIS

H.B. 140

By: Noble

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Certain challenges within the Texas Department of Family and Protective Services (DFPS) relating to the inconsistency and inaccuracy of investigations into child and adult abuse, neglect, and exploitation can cause discrepancies in the application of policies and practices, leading to confusion, delays, and concerns over due process. These issues are particularly evident through regional inconsistencies in investigative procedures and training. Additionally, difficulties in coordinating with legal advocates, courts, and other stakeholders can further complicate the investigative process. H.B. 140 seeks to resolve these issues by creating the Child and Adult Protective Investigations Advisory Committee, which will advise DFPS on developing standardized policies and procedures to address these challenges.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 140 amends the Human Resources Code to require the commissioner of the Department of Family and Protective Services (DFPS) to establish an advisory committee on child and adult protective investigations to improve the accuracy and standardization of the application of investigative legal requirements and DFPS investigative policies and procedures during child or adult abuse, neglect, and exploitation investigations.

Duties

H.B. 140 requires the advisory committee to advise DFPS on the following:

·developing policies and procedures to increase the accuracy and consistency of abuse, neglect, and exploitation investigation processes and procedures;

·developing a model for conducting investigations that ensures compliance with due process requirements;

·developing a consistent engagement model for interacting with legal advocates, courts, and judicial branch procedures;

·developing effective training for all investigative employees;

·increasing compliance with investigation procedures and processes;

·developing a data-informed model for conducting investigations; and

·providing a forum for public input on problems or concerns related to investigations.

H.B. 140 requires the advisory committee to do the following:

· make recommendations for:

oconducting investigations;

ooverseeing compliance with investigative requirements under state and federal law;

odeveloping policies and procedures to protect the due process rights of individuals subject to child or adult abuse or neglect investigations; and

oconsistently executing policies and procedures across all DFPS jurisdictions regardless of the race, gender, age, and socioeconomic status of the subject of an investigation;

·identify any challenges or barriers to:

othe standardization of investigative practices and procedures; and

othe application and implementation in the field of legal requirements and DFPS investigative policies and procedures in child or adult abuse and neglect investigations;

·make recommendations to address those challenges and barriers, including any human resource accountability measures to address them; and

·supervise any external organizations that participate in the investigation processes and make recommendations for legal procedures for the operations of those organizations.

Composition

H.B. 140 establishes that the advisory committee is composed of 13 members as follows:

·one member from the governor's office who is appointed by the governor and serves as the chair;

·one member from the lieutenant governor's office who is appointed by the lieutenant governor and serves as the vice chair;

·one member from the office of the speaker of the house of representatives appointed by the speaker;

·one member appointed by the commissioner;

·DFPS's deputy commissioner for child protective investigations;

·a regional director of investigations appointed by the commissioner;

·at least one child protective investigations supervisor and investigator appointed by the commissioner from each of the following;

oa rural region; and

oan urban region;

·a district judge appointed by the governor;

·one parent or caregiver, who has been involved in a child protective services legal case, appointed by the commissioner; and

·three members appointed by the commissioner who currently hold or previously held one of the following positions, with no more than one appointment from each position category:

ocounty district attorney;

oattorney assigned to represent caregivers in legal cases involving DFPS;

oattorney assigned to represent children in legal cases involving DFPS;

oassociate judge who hears or has heard child protective services legal cases; or

ostate or local law enforcement officer.

For the appointed positions other than those designated for child protective investigations supervisors and investigators, the bill prohibits appointment of an individual who is employed by a state agency or contracts with DFPS, child welfare vendors, or behavioral health providers and organizations contracted with DFPS or the Health and Human Services Commission (HHSC), notwithstanding approved DFPS personnel, or is related within the third degree of consanguinity of individuals who work at DFPS or for organizations that contract with DFPS or hold contracts with DFPS vendors, including vendors in community-based care.

Administration

H.B. 140 subjects a meeting of the advisory committee to state open meetings law and sets out administrative requirements as follows:

·requires advisory committee members to recuse themselves from the committee's deliberation regarding recommendations that directly relate to a case that involves the member;

·requires the advisory committee chair to direct the advisory committee;

·requires DFPS to provide administrative support and resources to the advisory committee as necessary for the committee to perform its duties;

·requires the advisory committee to meet quarterly in Austin or at another location determined by the chair;

·requires the advisory committee to receive public testimony at each public meeting; and

·requires DFPS to stream live video and audio of each advisory committee meeting over the Internet, make available on DFPS's website archived video and audio of the meeting, and maintain the archived video and audio on the website until the seventh anniversary of the meeting date.

Annual Report

H.B. 140 requires the advisory committee, not later than August 31 of each year, to submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, members of the legislature, and the DFPS commissioner. The bill requires DFPS to publish the report on its website and requires the report to include the following information for the state and for each DFPS region:

·the number of:

ophone calls made to the agency that resulted in an investigation for child or adult abuse or neglect;

ocompleted investigations for child or adult abuse or neglect;

oeach type of case disposition;

oadministrative closures;

oabbreviated investigations;

ochildren removed from the child's home;

ochildren placed in foster care;

ocases in which the child was not removed from the child's home but the family received family-based safety services or family preservation services; and

ocases per investigator in unspecialized and specialized investigative units;

·the average employment rate for unspecialized and specialized investigators and supervisors;

·the average amount of time to complete investigations for each level of investigation;

·the total number of administrative reviews of investigation findings and the results of those investigations for that year;

·the number of complaints filed with DFPS's office of consumer affairs and HHSC's office of inspector general;

·any identified challenges to:

othe standardization of an investigative training program; and

othe application and implantation in the field or of legal requirements and DFPS investigative policies and procedures in child or adult abuse and neglect investigations;

·the committee's recommendations for improving the identified challenges, including any human resource accountability measures to address those issues; and

·recommendations on human resource accountability measures for individuals investigating or supervising the investigation of cases of suspected child or adult abuse or neglect.

Expiration

H.B. 140 establishes that the advisory committee is abolished and the bill's provisions expire on September 1, 2029.

EFFECTIVE DATE

September 1, 2025.