HBA-MSH C.S.S.B. 664 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 664
By: Madla
Human Services
4/6/2001
Committee Report (Substituted)



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.  C.S.S.B. 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 (Section 48.301, Human Resources Code) and to the board of the
Texas Youth Commission in SECTION 6 (Section 261.409, Family Code) of this
bill. 

ANALYSIS

C.S.S.B. 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 Department of Criminal Justice (TDCJ), Texas Youth Commission
(TYC), or Texas Juvenile Probation Commission (TJPC). 

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 TDCJ,  TYC, or
TJPC.  The bill requires the board of TYC to adopt by rule standards for an
investigation of a facility under the jurisdiction of TYC and compiling
information on those investigations. 

EFFECTIVE DATE

September 1, 2001.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 664 differs from the original bill by exempting facilities of the
Texas Department of Criminal Justice and the Texas Juvenile Probation
Commission from provisions relating to rules for minimum standards of
investigations of child abuse, neglect, or exploitation in the facility as
well as from provisions relating to the collection of information on deaths
that occur in a facility where children reside.