HBA-MSH S.B. 664 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 664 By: Madla Human Services 3/25/2001 Engrossed BACKGROUND AND PURPOSE The 76th Legislature directed the Health and Human Services Commission to create a workgroup to study issues related to abuse, neglect, and exploitation of children in state facilities. The report of the working group made a series of recommendations concerning the exploitation of children in state facilities including, definitions of abuse, exploitation, and neglect, and the investigation of reports of such activities in state facilities. Senate Bill 664 implements the recommendations of the working group. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Health and Human Services Commission in SECTION 5 (Sections 261.407 and 261.408, Family Code) and SECTION 7 (Sec. 48.301, Human Resources Code) and to the board of the Texas Youth Commission in SECTION 6 (Sec. 261.409, Family Code) of this bill. ANALYSIS Senate Bill 664 amends the Family and Human Resources codes to define abuse, exploitation, and neglect as they relate to investigations of facilities in which children are located (investigation). The bill adds exploitation of children to abuse and neglect in provisions relating to investigations. The bill requires HHSC to adopt by rule minimum standards for investigations of suspected abuse, neglect, or exploitation of a child or an elderly or disabled person. The bill provides that a rule or policy adopted by a state agency relating to investigations must be consistent with the minimum standards, not including a facility under the jurisdiction of the Texas Youth Commission (TYC). The bill requires the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf to adopt policies relating to the investigation and resolution of reports that a child has been abused, neglected, or exploited in one of their facilities. The bill requires the Health and Human Services Commission (HHSC) to review and approve the policies to ensure that the schools adopt policies in a manner consistent with the minimum standards adopted by HHSC. The bill requires HHSC to adopt by rule uniform procedures for collecting information relating to an investigation, including procedures for collecting information on deaths that occur in facilities where children reside, not including a facility under the jurisdiction of TYC. The bill requires the board of TYC to adopt by rule standards for an investigation of a facility under the jurisdiction of the Texas Youth Commission and compiling information on those investigations. EFFECTIVE DATE September 1, 2001.