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CJA TASK FORCE MEETING July 22, 2011, 9:00 am-12:00 pm Texas Center for the Judiciary TABLE OF CONTENTS Agenda……………………………………………………………………………… 1 Task Force Roster…………………………………………………………………. 2 Meeting Dates……………………………………………………………………… 4 Meeting Minutes (7/22/11)………………………………………………………… 5 Bylaws effective 10/1/2011………………………………………………………… 19 CEDD Summary…………………………………………………………………... 27 2011 Grant Summaries…………………………………………………………… 28 Grantee 4th Quarter Updates…………………………………………………….. 33 2012 Implementation Plan………………………………………………………… 43 2012 Grant Summaries…………………………………………………………… 48 2011 Budget………………………………………………………. ………………. 64 2012 Budget…………………………………………………………………………. 65 Task Force Member Terms………………………………………………………. 66-67 Committee Rosters…………………………………………………………………. 68 Committee Scope of Work…...………………………..…………………………. 71 News and Interest…………………………………………………………. ……… 74 TX Children's Justice Act Task Force Members Dean Rucker, Chair Cathy Crabtree, Vice Chair District Judge Director of Chapter Development th 318 Family District Court 9600 Great Hills Drive, Ste. 150W Midland County Courthouse Austin ,TX 78759 200 west Wall St., Ste. 200 (512) 971-2367 Midland, TX 79701 email@example.com (432) 688-4390 email@example.com Roy Block William Briley Kriste Burnett Executive Director Parent Representative Attorney at Law Texas Foster Family Association 3315 - 36th Street 904 W. Henderson 18751 Castellani Lubbock, Texas 79413 Cleburne, TX 76033 San Antonio, TX 78258 (806) 543-4934 cell (817) 648-0002 (210) 493-7567 email@example.com (817) 648-0012 (210) 493-7153 fax firstname.lastname@example.com (210) 394-7933 cell email@example.com Cozette Bustamante Audrey Deckinga De Shaun Ealoms Director, Crime Scenes Unit CPS Assistant Commissioner Parent Program Specialist San Antonio Police Department TDFPS TDFPS st st 515 S. Frio 701 W. 51 Street (MC: E-557) 701 W. 51 Street (MC: W-157) San Antonio, TX 78207 Austin, TX 78751 Austin, TX 78751 (210) 207-7641 (512) 438-5776 (512) 438-2224 email@example.com email@example.com (512-438-3782 fax email@example.com Jon Evans Kristen Foster Joe Gagen Attorney at Law Associate CEO th 806 W. 11 St. Henslee Schwartz, L.L.P Texas CASA, Inc. Austin, TX 78701 11301 Larue Belle Lane 1501 West Anderson Lane, B-1 (512) 476-4075 Austin, TX 78739 Austin, TX 78757 (512) 477-6840 fax (512)426-7177 (512) 473-2627 firstname.lastname@example.com email@example.com (512) 473-8271 fax firstname.lastname@example.com firstname.lastname@example.com Tom Gaylor Rolf Habersang Denise Hyde Public Strategies Consultant Texas Tech University Health Science Attorney at Law (512) 550-4884 Center, Dept. of Pediatrics 812 San Antonio Street, Suite 304 firstname.lastname@example.com 1600 S. Coulter, Bldg F, Suite 600 Austin, Texas 78701 Amarillo, TX 79106 (512) 474-9911 (806) 468-4316 (512) 476-4622 fax (806) 468-4359 fax email@example.com firstname.lastname@example.com 2 TX Children's Justice Act Task Force Members Joyce James Randi King Margaret U. Lalk Associate Deputy Executive Commissioner Assistant District Attorney Attorney at Law Center for Elimination of Disproportionality Jefferson County District Attorney's P.O. Box 92212 and Disparities Office Austin, TX 78709 rd Texas Health & Human Services 1001 Pearl St., 3 Floor (512) 417-1937 cell Commission Beaumont, TX 77701 (512) 590-8688 fax 4900 North Lamar Blvd. (409) 835-8615 email@example.com Mail Code: 1479 (409) 835-8684 fax Austin, TX 78751 email@example.com (512) 487-3396 firstname.lastname@example.com (512) 424-6974 fax email@example.com James Lukefahr Chris Oldner Daniela Ontiveroz University of Texas Health Science Center District Judge Youth Specialist th 7703 Floyd Curl Dr. (MC: 7821) 416 Judicial District Court TDFPS San Antonio, TX 78229 2100 Bloomdale, Suite 20030 901 W. Wall (210) 704-3953 McKinney, TX 75071 Midland, TX 79701 (210) 704-3800 (972) 548-4520 (432) 686-2297 (210) 704-3392 fax (972) 548-4525 fax (432) 557-3400 cell firstname.lastname@example.com firstname.lastname@example.com email@example.com Daniel Powers Joy Rauls Fairy Rutland Senior Vice President of Clinical and Executive Director Director, Appeals Division Administrative Services Children Advocacy Centers of Texas Texas Health & Human Services Commission Children's Advocacy Center of Collin 1501 West Anderson Lane, B-1 P.O. Box 149030 (MC: W-613) County Austin, TX 78757 Austin, TX 78714-9030 2205 Los Rios Blvd email@example.com (512) 231-5717 Plano TX 75074 (512) 231-5779 fax 972-633-6615 firstname.lastname@example.com 214-707-7471 cell firstname.lastname@example.com Gerry Williams General Counsel TDFPS P.O. Box 149030 (MC: E-611) Austin, TX 78714-9030 (512) 438-3805 (512) 438-3022 fax firstname.lastname@example.com Staff Ginny Woods Heidi Penix Colette Bonstead Director Grant Manager Finance Associate (512) 482-8986 (512) 482-8986 (512) 482-8986 firstname.lastname@example.com firstname.lastname@example.com firstname.lastname@example.com 3 2011 CJA Task Force Meeting/Training Dates July 22 9 a.m. – 4 p.m. Texas Center for the Judiciary October 28 9 a.m. – 4 p.m. Texas Center for the Judiciary January 27 9 a.m. – 4 p.m. Texas Center for the Judiciary Conference Calendar Carver Library Austin Disproportionality Advisory Committee May 5 Austin Undoing Racism Training June 1-2 Austin Statewide Disproportionality Task Force Meeting June 20 Austin National CJA Meeting Jun. 20-22 Alexandria, VA Harris County ITC 2nd Regional Conference* Jun. 23-24 Houston CPS/Associate Judges Conference Jul. 6-8 Austin 14th Bi-Annual ABA National Conferences on Children and the Law Jul. 15-16 Washington DC Fatherhood Roundtable Event* July 16 Brownsville NCJFCJ 74th Annual Conference Jul. 24-27 New York Undoing Racism Training Aug. TBD Houston 23rd Annual Crimes Against Children Conference Aug. 8-11 Dallas 12th National Conference on Child Sexual Abuse and Exploitation Prevention Aug. 23-25 Huntsville, AL NACC 34th National Child Welfare, Juvenile, and Family Law Conference Aug. 29-Sep. 1 San Diego, CA 16th International Conference on Violence, Abuse, and Trauma Sep. 11-14 San Diego, CA National DEC and National Center on Substance Abuse and National Welfare National Sep. 14-16 Joint Conference on Substance Abuse and Child Welfare Harbor, MD Undoing Racism Training Oct. TBD Dallas, TX Texas CASA 22nd Annual Conference* Oct. 13-15 San Marcos CACTX Annual Conference* Oct. 17-19 Austin *CJA Grantees 4 MINUTES of Texas Children's Justice Act Task Force Meeting date: January 28, 2011 Call to order: A regular meeting of the Texas Children's Justice Act Task (CJA) Force, was held at the Texas Center for the Judiciary (TCJ), Austin, TX on January 28, 2011. The meeting convened at 9:03 a.m., Judge Dean Rucker, Chair, presiding. Members in attendance: Kriste Burnett, Cozette Bustamante, Cathy Crabtree, De Shaun Ealoms, Jon Evans, Kristen Foster, Joe Gagen, Tom Gaylor, Rolf Habersang, Denise Hyde, Joyce James, Randi King, Margaret Lalk, James Lukefahr, Chris Oldner, Daniela Ontiveroz, Dan Powers, Joy Rauls, Dean Rucker, and Fairy Rutland. Also in attendance: Heidi Penix, Ginny Woods, Colette Bonstead, Tina Amberboy, Dan Capouch, Ryan Miller, Susan Miller, Randall Sarosdy, Kenneth Thompson, Meghan Weller, and Laura Wolf. Welcome and Introductions by Honorable Dean Rucker. Judge Rucker welcomed members and guests. Introductions were made around the room. Approval of November 5, 2010 minutes: Motion was made by Joyce James and seconded by Fairy Rutland to approve the minutes of the November 5th, 2010 meeting. Motion carried without opposition. Project Spotlights Transitioning Youth Initiative by Laura Wolf, Executive Director, and Ryan Miller, Transitioning Youth Specialist Team Leader, CASA of Travis County. The mission of the Transitioning Youth Project is to provide children at risk of aging out of the foster care system with a greater ability to achieve success as independent, healthy adults through specialized advocacy in the areas of Education, Preparation, and Connections, synergetic relationships with community partners and innovative best practices models for transitioning youth. Currently, 5 full-time staff members and more than 100 volunteers are working with transitioning youth. The Transitioning Youth staff and volunteers are also involved in a new transition court pilot called Sync2, Successful Youth Needing Community and Connection. The Sync2 Court was piloted with 8 youth with co-occurring juvenile cases. Under this model, court hearings are youth- centered, and less formal than a traditional "hearing" to focus on empowering and supporting the youth to take ownership of his or her transition to adulthood. Accidental and Inflicted Mechanisms of Injury DVD by Dr. James Lukefahr, Child Abuse Pediatrician, University of Texas Health Science Center San Antonio. Dr. Lukefahr demonstrated various animated sequences from the instructional DVD funded by CJA. The project will achieve the final objectives of launching a website for the animations, as well as completing a downloadable application for mobile devices by April. Task Force members suggested as possible avenues for disseminating the resource the Texas District and County Attorneys Association, Texas Lawyers for Children, the Forensic Assessment Center Network, Children's Advocacy Centers of Texas, and the Texas Municipal Police Association. Joyce 5 James noted how the distinction between accidental and inflicted mechanisms of injury relates to ongoing discussion about implicit bias in mandated reporters. Texas Center for Judiciary by Randall Sarosdy, Executive Director, Texas Center for the Judiciary. The Texas Center for the Judiciary's programs are funded primarily by grants from the Court of Criminal Appeals, the Supreme Court of Texas, and the Texas Department of Transportation. Mr. Sarosdy gave an overview of the following judicial education programs the Texas Center will present, host, or provide scholarships to in the upcoming year: • You Asked for It, You Got It, Feb. 27-Mar. 1, Horseshoe Bay • National Drug Court Institute, Mar. 21-25, Lubbock • National Conference on Juvenile and Family Law, Mar. 27-30, Reno, NV • Evidence-Based Sentencing, Mar. 28-30, Galveston • Texas College for Judicial Studies, Apr. 10-15, Austin • DWI Court Team Training, May 2-5, San Antonio • DWI Technology Conference and Criminal Justice Conference, May 16-18, Dallas • Implicit Bias, Jun. 6-7, Austin • Professional Development Program, Jun. 12-17, Austin • Family Violence, Jun. 27-28, San Antonio • CPS/Associate Judges, Jul. 6-8, Austin • DWI College for Trial Judges, Jul. 11-13, Austin • National Council for Juvenile and Family Court Judges Annual Conference, Jul. 24-27, New York • Beyond the Bench, Aug. 24-26, Austin • DWI College for Court Team Members, Aug. 29-31, Austin Children's Commission Update by Tina Amberboy, Executive Director, Texas Supreme Court Permanent Commission on Children, Youth, and Families. Ms. Amberboy reported on the Commission's current projects, partnerships, and legislative agenda. In 2010, the Commission awarded $2,085,000 to serve 925 judges, 11,292 attorneys, 8,649 CASA volunteers/guardian ad litems, and 41,130 parents and children. Additionally, the Commission supported fifteen training events, providing 5,720 continuing education hours for 782 attorneys and judges. In 2011, the Children's Commission will reconvene its workgroup on long-term foster care to create a benchmark pilot, hold a round table to address the issue of reunification, create a committee to look at educational barriers facing foster children, and continue to provide technical assistance to judges utilizing permanency data. Nationally, the Commission will participate on an advisory group helping other states establish children's commission, collaborate with the National Council on Juvenile and Family Court Judges on a legal orphan project, and partner with the National Association of Counsel for Children to reform the Interstate Compact for the Placement of Children. Additionally, the Commission will partner with the Texas Center for the Judiciary to provide CPS-focused judicial education programs and continue to improve technological tools available to judges hearing CPS cases. During the legislative session, the Children's Commission will convene a workgroup to provide feedback for resource papers addressing specific legislation. 6 Project Updates by Heidi Penix, CJA Grant Administrator. Ms. Penix gave an overview of the site visit process and provided an update on grant activities from the first quarter. During December and January, CJA staff performed site visits on five grantees: East Texas CASA, CAC of Texas, CASA of Travis County, Training and Research Institute for Professional Law Enforcement, and Texas CASA. The purpose of site visits is to perform a basic organizational and financial review to ensure grantees are in compliance with the federal grant regulations and their Children's Justice Act award. Grantees prepared an extensive list of documents in advance of the visits. CJA staff utilized a checklist to test for risk in areas such as internal controls, supplies and materials, services and reimbursable costs, grant/financial files, and time reporting. Additionally, staff tested cost allocation methodology and expenses against the general ledger. Finally, staff would spend time talking with each grantee about their project and how CJA staff might be able to help grantees to meet their objectives. All grantees passed all sections of the site visit. Specific information regarding grantee first quarter reports was included starting on page 27 of the meeting notebook. Budget Report by Ginny Woods, CJA Director. Ms. Woods reviewed the budgets for the 2010 and 2011 grant years. After closing out 2010 grant year, $146,937.14 was carried forward to 2011. $50,000 of the remaining funds can be attributed to the previous year's budget reserve; over $53,000 remained from OCA's Child Protection Court Enhancement project because the project director did not come on board until late January; and just over $20,000 is attributed to the UTHSCSA project which received a grant extension to complete their project. Taking into account the carry-forward amount, $114,098.96 remains for new projects. Ms. Woods recommends leaving about $10,000 unobligated at this time. CJA's share of TCJ operating costs has decreased about $19,000 from what was originally budgeted due to a new allocation methodology for shared costs. Additionally, Ms. Woods expects to confirm additional decreases to operating expense line items by April's meeting. Prosecutor Training by Cathy Crabtree, CJA Vice Chair. Ms. Crabtree informed the Task Force about a meeting recently between Ms. Crabtree, CJA staff and representatives from the Texas District and County Attorneys Association. At the meeting, Ms. Crabtree expressed CJA's desire to support TDCAA training initiatives related to child abuse, which would also satisfy Task Force Initiative A.2.3. Additionally, Ms. Crabtree invited TDCAA to send a representative to attend future Task Force meetings with the possibility of adding someone from their organization to the Task Force at the July elections. CJA staff recommends setting aside $10,000 for TDCAA conference sponsorships or scholarships. Motion was made by Rolf Habersang and seconded by Denise Hyde to set aside $10,000 to support prosecutor training. Motion carried without opposition. Family Based Safety Services and Investigations Joint Intensive Staff Training. The Department of Family and Protective Services (DFPS) submitted a full grant proposal as part of the competitive grant process last spring. The proposal was scored and did not rank high enough to receive funding at the beginning of the fiscal year; however, the Task Force agreed to reconsider the proposal pending the availability of additional funds. The summary of the proposal was included on page 34 of the meeting notebook. 7 The training supports Task Force Initiative A.2.2. DFPS is requesting $100,000 to support a FBSS/Investigations joint intensive staff training. DFPS will use the funds for conference expenses and to support the travel of attendees. The summary of the proposed project was sent to the Task Force in advance of the meeting. Staff is recommending the Task Force award $90,000- 95,000 to DFPS in support of the training event. Motion was made by Chris Oldner and seconded by Fairy Rutland to award DFPS $95,000.00 for the FBSS/Investigations joint intensive staff training. Motion carried without opposition. Conference on Disproportionality and Disparities by Joyce James, Associate Deputy Executive Commission, Center for the Elimination of Disproportionality and Disparities (Center), Health and Human Services Commission. The Center will develop a basic primer to introduce child professionals and stakeholders, including Children's Justice Act grantees, to the topics of disproportionality and disparities. The guide will define disproportionality and disparities, give examples from relevant data, and list resources. Ideally, this guide would be a used to begin to lay a foundation in this work and set the context for a larger training event. Ms. James will develop a full grant proposal for consideration at the April Task Force meeting. Child Friendly Courtrooms by Joy Rauls, Executive Director and Meghan Weller, Director of Public Affairs, Children's Advocacy Centers of Texas (CACTX). CACTX is working to develop a resource book for judges on child-friendly court rooms. The goal of the project is to ensure that all courts statewide, particularly criminal courts, know ways to accommodate children who are testifying in the court room. This project would support Task Force Initiative C.2.2. It would also provide an opportunity to partner with the Commission and the Texas Center for the Judiciary to disseminate the information. Judge Rucker mentioned the bench card on engaging children in the court room developed by the American Bar Association as a possible resource. Other suggestions include creating a section to share judges' anecdotes and collaborating with the defense bar in its development. CACTX will develop a full grant proposal for consideration at the April Task Force meeting. Legislative Discussion Staff prepared list of relevant bills filed. Judge Rucker opened the floor to discuss those bills of most interest to the Task Force. HB 436 would allow foster parents to seek adoption after a child has been in their home for at least six months. The Children's Commission has a resource paper pending on this bill. HB 545 would provide an affirmative defense to indecency with a child for certain students who engage in sexual contact with another student at least in 9th grade. The bill is in response to the Adam Walsh Act, which takes away states' discretion about whether or not individual juvenile offenders must register as sex offenders. The final version of this bill is expected to come out of Senator Zaffirini's office. HB 792 would require service plans to inform parents that compliance with the service plan is voluntary. Parents who are unable or unwilling to sign a service plan may file a motion for a hearing to approve the plan. If, the parents refuse to sign the plan, the plan would not take effect until approved by the court. Additionally, the bill creates a rebuttable presumption that placing a 8 child with a designated caregiver is in the best interests of the child and would not require DFPS to conduct a home study in these circumstances. HB 945 adds a chapter to the Human Resource Code establishing an interagency council charged with addressing disproportionality in child welfare, juvenile justice, education and mental health systems. The Task Force will be chaired by the Center for the Elimination of Disproportionality and Disparities and will make recommendations to the Lt. Governor's Office. Appointment Bylaws Committee Judge Rucker appointed Cathy Crabtree as Chair of the Bylaws Committee. Additionally, he appointed Dan Powers, Tom Gaylor, and Gerry Williams to serve on the committee. The Bylaws Committee is charged with reviewing the current CJA Bylaws and making recommendations for amendments as needed to the full Task Force. The committee's recommendations will be discussed at the April Task Force meeting. Review of Next Steps/Future Meeting Dates/Adjourn: Staff will get the meeting dates of the disproportionality advisory committees and provide to Task Force members at the next meeting. Judge Rucker reminded members of the upcoming CJA Task Force meeting dates: • April 21, 2011 9 a.m. – 4 p.m. Texas Center for the Judiciary • July 22, 2011 9 a.m. – 4 p.m. Texas Center for the Judiciary The meeting was adjourned at 12:21pm These minutes were approved at a Texas Children's Justice Act Task Force meeting on April 21, 2011. CJA Task Force Chair 9 Texas Children's Justice Act Task Force Bylaws Adopted 9/28/07 Revised: 1/29/09 10 Article I - Name Name 1.1 . The name of this organization advisory body shall be the Texas Children's Justice Act Task Force, ("Task Force"). Article II –Statutory Basis/Purpose Statutory Basis/Purpose 2.1 Purpose. The Task Force is established in accordance with the Child Abuse Prevention and Treatment Act (codified at 42 USC 5106c) ("Children's Justice Act") which authorizes grants to states to develop, establish, and operate programs designed to improve: 2.1.1 The handling of child abuse and neglect casesassessment and investigation of suspected child abuse and neglect cases, particularly including cases of suspected child sexual abuse and exploitation, in a manner which limits additional trauma to the child victim and the child's family; 2.1.2 The handling assessment and investigation of cases of suspected child abuse- related fatalities and suspected child or neglect- related fatalities; 2.1.3 The investigation and prosecution of cases of child abuse and neglect, particularly including child sexual abuse and exploitation; and 2.1.4 The handling assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of abuse or neglect. 2.2 Recommendation Categories. Children's Justice Act grants shall be used to implement Task Force recommendations in the following three categories: 2.2.1 Handling Assessment and Investigation of cases of child abuse and neglect. Investigative, administrative, and judicial handling of cases of child abuse and neglect, particularly including child sexual abuse and exploitation and cases involving children with disabilities or serious health-related problems, as well as cases involving suspected child-maltreatment-related fatalities and cases involving a potential combination of jurisdictions, such as interstate, federal- state, and state-tribal, in a manner which reduces the additional trauma to the child victim and the victim's family and which also ensures procedural fairness to the accused; 2.2.2 Innovative approaches. Experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the 11 effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases and cases involving children with disabilities or serious health-related problems, including the enhancement of performance of court-appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and 2.2.3 Process improvement. Reform of state laws, ordinances, regulations, protocols and procedures to provide comprehensive protection for children from abuse, including sexual abuse and exploitation, while ensuring fairness to all affected persons. 2.3 Limitations. Supporting child abuse prevention programs or treatment services is not an appropriate use of CJA funds. Article III - Activities Activities 3.1 Advisory Role. The Task Force shall act as an Advisory Committee to the Governor's Office or its designee. 3.2 Task Force Responsibilities. The Task Force's duties responsibilities are as follows: 3.2.1 Participate in the three-year assessment process to comprehensively evaluate the State's investigative, administrative and judicial handling of cases of child abuse and neglect, including child sexual abuse, as well as cases involving suspected child-maltreatment related fatalities and cases involving a potential combination of jurisdictions. The Task Force must make policy and training recommendations to improve the child protection system based on its assessment. 3.2.2 Determine the priorities that will guide the grant-making process as well as inform CJA's purpose. 3.2.3 Make recommendations regarding legislative or policy issues. The Task force may submit to the legislature proposed statutory improvements consistent with its mission or recommendations, or express opinions on other state policy issues. In order to make a recommendation on a legislative or policy issue the matter must be presented to and approved by the Task Force. 3.2.4 Support CJA staff. The Task Force should ensure that CJA staff has the resources and support they need to further the goals of the Task Force. 3.2.5 Ensure effective planning. The Task Force must actively participate in periodic planning processes and assist in implementing and monitoring resulting recommendations. 12 3.2.6 Monitor and strengthen programs and services. The Task Force's responsibility is to determine which programs are consistent with Task Force recommendations and monitor the effectiveness of those programs. 3.2.7 Build a competent Task Force. The Task Force has a responsibility to articulate prerequisites for candidates, orient new members, and periodically and comprehensively evaluate their own performance. 3.2.8 Ensure ethical integrity. The Task Force is ultimately responsible for adherence to grant conditions and ethical norms. Task Force members should recognize and disclose conflicts of interest. Task Force members shall not communicate with potential grantees regarding pending applications nor communicate with existing grantees in manners related to grant administration. 3.2.9 Enhance the organization's public standing. The Task Force should clearly articulate CJA's mission, accomplishments, and goals to the public and garner support from the community. 3.2.10 Attend Task Force meetings. New Task Force members must attend a new member orientation prior to the first Task Force meeting of the fiscal year. All Task Force members must regularly attend quarterly Task Force meetings. 3.2.11 Actively contribute skills, expertise, and knowledge to Task Force. Members must serve on committees and working groups as needed. Members should attend professional development programs relevant to the purpose and goals of the Task Force. 3.2.12 Approve projects supported by the CJA grant. The Task Force will approve subawards and other project-related funding decisions. 3.3 Staff Responsibilities. Staff responsibilities are as follows: 3.3.1 Coordinate and provide support for Task Force, committee, and working group meetings. 3.3.2 Participate in discussions as appropriate during Task Force, committee, and working group meetings. 3.3.3 Prepare the annual federal application and other required reports. 3.3.4 Develop processes for implementing Task Force recommendations. 3.3.5 Review and recommend projects for CJA support. 3.3.6 Perform daily administrative functions of grant, including programmatic and fiscal monitoring. 3.3.7 Provide updates to Task Force members on grant activities. 3.3.8 Act as primary contact with grantees and prospective grantees regarding funding opportunities and grant activities. 13 3.3.9 Develop and maintain Task Force budget. State Task Force Study. At three-year intervals, the Task Force shall document that it has comprehensively: (1) reviewed and evaluated State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, particularly child sexual abuse and exploitation, as well as cases involving suspected child-maltreatment-related fatalities and cases involving a potential combination of jurisdictions, such as interstate, Federal-State, and State-Tribal; and (2) made policy and training recommendations (Task Force Recommendations) in each of the categories described in Article II, Section 2, as well as other comments and recommendations as are considered relevant and useful. In this process, the Task Force may consider information obtained through a variety of sources, such as formal assessments, questionnaires, opinions of experts, and the professional experiences and judgment of Task Force members. Project Approval. All grant applications shall be reviewed using the appropriate process previously adopted by the Task Force. At a minimum, applications should be evaluated for completeness, compliance with federal grant requirements, and alignment with the strategic goals of the Task Force. The Task Force recommendations will be shared with the Office of the Governor, or designee, which has final decision making authority for funding. Project Implementation. The Task Force shall monitor the progress made on the above recommendations or comparable alternatives to such. Legislation and Public Policy. The Task Force may submit to the legislature and the Texas Supreme Court proposed statutory improvements consistent with its mission or recommendations, or express opinions on other state policy issues. In order to make a recommendation on a legislative or policy issue, the matter must be presented to and approved by the Task Force. Article IV - Membership 4.1 Mandatory Representation. The Task Force shall be composed of individuals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. In accordance with the federal program instructions, the Task Force shall include members representing the following disciplines: 4.2.2 Law enforcement Community; 4.2.3 Criminal Court Judge(s); 4.2.4 Civil Court Judge(s); 4.2.5 Prosecuting Attorney(s); 4.2.6 Defense Attorney(s); 4.2.7 Child Advocate(s) (Attorneys for Children); 14 4.2.8 Court Appointed Special Advocate Representative(s); 4.2.9 Health Professional(s); 4.2.10 Mental Health Professional(s); 4.2.11 Child Protective Service Agencies; 4.2.12 Individual(s) experienced in working with children with disabilities; 4.2.13 Parent Group Representative(s); 4.2.14 Adult former victims of child abuse or neglect; and 4.2.15 Individuals experienced in working with homeless children and youth. 4.2 Discretionary Members. Other members may be added at the discretion of the Task Force. 4.3. Ex-Officio Members. Executive-level representatives from The Assistant Commissioner of Child Protective Services, the Executive Director of Texas CASA, and the Executive Director of Children's Advocacy Centers of Texas, and Texas District and County Attorneys Association shall be standing ex-officio members of the Task Force. hip Ex-officio members shall not have voting power and shall not be eligible for office. positions not subject to the general election. These members may also fulfill one of the discipline requirements set out in Section 1 of this article. 4.4 Member Diversity. So far as may be possible, the Task Force should strive to attain members who bring diverse perspectives and reflect the varied ethnicities and, genders, and as well as the various geographic communities located in Texas. Section 5. A general election of members shall be held annually in the last quarter of the federal fiscal year. Membership shall commence on the first day of the federal fiscal year. 4.6 Task Force Elections. The Membership Committee shall present nominations for new and renewing Task Force members at the Task Force meeting immediately preceding the beginning of the next fiscal year. Recommendations from the Membership Committee shall be provided to the Task Force in writing before nominations are made and voted on. New and renewing Task Force members shall be elected by a majority of Task Force members at a Task Force meeting at which a quorum is present. Membership shall commence on the first day of the federal fiscal year. Any current member may submit the name of a potential nominee to the Nominating Committee no later than 30 days before the Task Force meeting at which the nomination of members will be considered. The member must have obtained consent of the nominee and must submit the nominee's biographical summary or resume at the time the potential nominee's name is submitted. The Nominating Committee shall confer for the purpose of reviewing potential nominees, and if the committee elects to recommend nominee(s), their name(s) shall be submitted to the Task Force, along with appropriate biographical summaries or resumes. Only names placed in nomination by the committee will be considered by the Task Force for membership. New members are elected by the current members of the Task Force by a majority vote of those present. 15 4.7 Term Limits. Members serve a three-two-year staggered terms. No person shall serve more than three consecutive two-year terms unless a majority of the Task Force at a Task Force meeting at which a quorum is present elects a Task Force member who is in his/her final year of service to an officer position. No person shall serve more than seven consecutive years. , and may be re-elected if they desire to continue serving. Members must attend at least one- half of scheduled Task Force meetings in order to be eligible for re-election.Following the expiration of his/her term, a Task Force member may be eligible for re-election to the Task Force after a one-year hiatus. 4.8 Meeting Attendance. If any member does not attend three (3) consecutive, regularly scheduled meetings of the Task Force, the Chair, or individual designated by the Chair, may recommend the Task Force remove the member and fill the resulting vacancy. 4.9 Number. The Task Force shall have up to 30, but no fewer than 18 members. Total membership shall not exceed twenty-five (25). 4.10 Vacancies. Vacancies in membership shall be filled as soon as practical by a special election if necessary to maintain statutorily required representation as set out in Section 1 4.1of this Article. Otherwise, vacancies will be filled or additional members added (up to the maximum allowable number) at the next general election. 4.11 Special Elections. Special elections to fill unexpired terms shall be held in the same manner as general elections (Section 2). Article V - Officers Officers 5.1 Officers. Officers of the Task Force shall consist of a Chair, Chair Elect and Vice-Chair. 5.2 Chair. The Duties of the Chair include the following: 5.2.1 Guiding and leading the Task Force toward its goals; 5.2.2 Presiding at Task Force meetings; 5.2.3 Approving the written agenda for meetings of the Task Force. 5.2.4 Appointing committees and committee chairs as provided by these bylaws; 5.2.5 Overseeing federally required assessments; and Approving the written agenda for meetings of the Task Force. 5.3 Vice Chair. The Vice-Chair shall preside at meetings in the absence of the Chair and perform other duties as may be assigned by the Chair or be necessary in the absence of the Chair. 5.4 Chair Elect. The Chair-Elect shall follow all activities of the Task Force Chair so as to prepare to take over the leadership role of the Task Force and ensure continuity in the leadership transition 16 process. In the event the current chair must permanently relinquish his/her duties; the Chair-Elect shall assume the leadership role for the Task Force. Section 3. Committee chairpersons shall serve as a nominating committee to propose a slate of officers for election. 5.5 Term. Officers are elected for a one year period upon majority vote of Task Force members present or by the returning of e-mail ballots, and may be re-elected for up to three two, one- year terms. 5.6 Qualifications. Ex-officio members are not eligible to serve as Task Force officers. To the extent possible, officers should represent different disciplines to ensure Task Force leadership reflects a multidisciplinary perspective. Article VII- Committees 6.1 Appointment. The Chair and Vice-Chair shall designate and appoint committees of the Task Force as deemed necessary. Non-Task Force members may be appointed to any committee at the discretion of the Chair.determine the number of committees needed and the focus of each. At a minimum, there shall be at least one committee charged with overseeing the assessment process required by the Children's Justice Act. 6.2 Committee Chairs. The Task Force Chair shall designate the chairperson for each committee. Task Force members are expected to serve on committees as needed. 6.3 Standing Committees. The Task Force shall maintain the following standing committees: Executive Committee, Membership Committee, Grants Committee, and Legislative Committee. 6.3.1 Executive Committee. The Executive Committee shall be composed of the officers of the Task Force, the chairs of each standing committee, and at the Chair's discretion, one additional voting member. The Executive Committee shall be responsible for overseeing Task Force affairs in the intervals between meetings and dealing with matters of urgency that may arise between meetings. The Executive Committee shall meet at the discretion of the Chair. 6.3.2 Membership Committee. The Membership Committee shall recommend candidates to fill Task Force member and officer vacancies and shall present a slate of candidates for member and officer positions to the Task Force before the meeting at which approval of recommended candidates will be sought. The Membership Committee shall also be responsible for building the capacity of Task Force members by providing orientation for new members and ongoing trainings, as necessary for existing members. 6.3.3 Grants Committee. The Grants Committee shall oversee the annual grant process, review grant applications, and make recommendations regarding grant funding to the Task Force. Ex-officio members shall not serve on the Grants Committee. 6.3.4 Legislative Committee. The Legislative Committee shall present periodic reports 17 on relevant legislation and policy at quarterly Task Force meetings. The Legislative Committee shall make recommendations regarding legislative positions or other policy consideration for approval by the Task Force. Section 3. Committees may make recommendations regarding legislative positions or other policy considerations for vote of the Task Force. Section 4. Committees shall meet as needed to complete their work. 6.4 Ad Hoc Committees. The Chair may appoint ad hoc committees composed of Task Force members and/or non-members for purposes deemed appropriate by the Chair. The term of such committees shall not be more than one year. 6.5 Term of Office. Each member of a committee shall serve a term of one year, unless the committee is sooner terminated or unless a committee member is removed from such committee. 6.6 Vacancies. Vacancies in the membership of any committee may be filled by appointment made in the same manner as provided in the case of the original appointments. Article VII- MeetingsI Meetings 7.1 Frequency of Meetings. The Task Force shall schedule at least four meetings a year, with additional meetings called by the Chair if necessary. A meeting schedule with at least three future meeting dates set shall be established at the beginning of each federal fiscal year. The Chair shall establish meeting dates in consultation with the Task Force. Meetings may be cancelled by the approval of a majority of the Task Force members. 7.2 Quorum. The presence of a majority of Task Force members shall constitute a quorum. 7.3 Task Force Action. The Task Force may adopt a position, plan action, or amend a recommendation upon a majority vote of members present at a duly announced meeting, at which a quorum is present, provided that a written agenda has been distributed to all members at least three days in advance of the meeting. Although additional items may arise for discussion at a meeting, no final action shall be taken without written notice to all members unless there is unanimous consent of those present and a quorum exists. Each Task Force member shall have one vote, except ex-officio members shall not have voting power. Section 3. The presence of a majority of Task Force members at a meeting shall constitute a quorum. 7.4 Electronic Voting. Members must be present to vote on matters under consideration by the Task Force, except that at the discretion of the Task Force Chair, matters may be voted upon by e-mail ballot. Only duly elected Task Force members are permitted to vote. 18 Section 5. Each Task Force member shall have one vote. 7.5 Governance. Task Force meetings shall be conducted in accordance with the most current version of Robert's Rules of Order unless otherwise specified by these bylaws. Article VIIIIX - Conflicts of Interest Conflicts of Interest 8.1 A Task Force member has a duty to disclose any potential individual or organizational conflict of interest that might occur on an issue before the Task Force unless that conflict is obvious or previously disclosed. Each Task Force member shall annually sign a Conflict of Interest Disclosure Form. Task Force members shall abide by the Conflict on Interest policy as depicted on the Disclosure Form. Article IX – Confidentiality 9.1 Task Force members shall not disclose sensitive information obtained as a result of the grant award and monitoring process or the content of Task Force deliberations regarding grant approval. CJA staff shall act as sole contact with grantees and prospective grantees regarding pending applications and approved grant activities. Article X - Amendments Amendments 10.1 These bylaws may be amended upon majority vote of the Task Force membership at a duly announced meeting at which a quorum is present, provided that proposed amendments are distributed to members at least ten days in advance of the meeting. 19 2011 CJA IMPLEMENTATION PLAN INCOME GY11 Award $ 1,375,719.00 GY10 Rollover $ 144,597.14 Total Grant Income $ 1,520,316.14 Operating Expenses $ (291,140.00) Task Force maintenance $ (28,500.00) Available Funds $ 1,200,676.14 Projects Budget Accidental and Inflicted Mechanisms of Injury DVD (extension) $ (20,424.18) Training and Technical Assistance for TX CACs (A.1.1) $ (200,000.00) Child Abuse and Neglect Training for Law Enforcement (A.2.1) $ (195,440.00) Small Training Grants (A.2.1) $ (12,000.00) FBSS/Investigations Joint Intensive Staff Training (A.2.2) $ (95,000.00) Prosecutor's Training $ (10,000.00) FASD Online Training (B.1.3) $ (50,000.00) CPC Enhancement (B.2.1) $ (119,999.00) Harris County Infant and Toddler Court (B.2.2) $ (40,000.00) Undoing Racism (B.3.1) - Participant Support $ (5,000.00) Fatherhood Roundtables (B.3.1) $ (6,000.00) Texas Alliance for Drug Endangered Children (C.1.1) $ (90,000.00) CASA Volunteer Development (C.2.1) $ (200,000.00) Transitioning Youth Advocacy (C.2.1) $ (49,242.00) Kids in Court (C.2.2) $ (33,930.00) Bridge to Permanency - Phase 2 (C.2.1) $ (56,942.00) Total Budgeted $ (1,183,977.18) Funds Remaining for New Projects $ 16,698.96 20 CJA Task Force 2011 Implementation Plan A. Activities to improve investigative, administrative and judicial handling of cases of child abuse and neglect, particularly child sexual abuse and exploitation...in a manner which reduces trauma to the child victim… Recommendation A.1.: Provide MDTs with training to enhance coordination of investigation, intervention and prosecution and/or work with local communities to establish MDTs. Desired outcome/effect: Improved case quality in the best interest of the child. Activities/Initiatives: 1. Provide multidisciplinary teams and team members with specific and targeted professional development training, formal networking opportunities, cross-training, and technical assistance designed to enhance their professional skills and knowledge and support the collaborative model of service delivery for child victims of abuse. • Training and Technical Assistance for Texas Children's Advocacy Centers – YR 2 Recommendation A.2.: Provide statewide and local professional training to improve the handling of child abuse and neglect cases. Desired outcome/effect: Improved decision making through better trained judges, law enforcement, attorneys and CPS workers. Activities/Initiatives: 1. Improve law enforcement's response to child abuse and neglect by administering a comprehensive and free training program that combines an overview of effective response to the abuse, with instruction on the benefits of a multidisciplinary approach. • Child Abuse Training Program for Texas Law Enforcement – YR 2 2. Focus on building and supporting support for critical decision making related to safety in child protection cases. • Child Abuse Training Program for Texas Law Enforcement – YR 2 3. Provide periodic/intensive training for prosecutors. • Provide scholarships to attend TDCAA training event 4. Award small grants ($4,000) to support multidisciplinary training events aimed at improving the investigation, prosecution, and judicial handling of criminal and/or civil child protection cases. • 16th Annual Ad Litem Training - Bexar County Children's Court • 37th Texas Foster Families Association Annual Conference Recommendation A.3.: Support CACTX and Texas CASA. See A.1.1 & C.2.1. 21 B. Experimental, model and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases… Recommendation B.1.: Develop and implement programs that address the unique challenges faced by victims of child abuse with mental or physical disabilities Desired outcome/effect: Children with disabilities will have an advocate who, along with investigative and intervention personnel, are trained on issues related to child victims with mental and/or physical disabilities Activities/Initiatives: 1. Sponsor a nationally recognized speaker at the annual training program for all judges hearing CPS cases on the unique challenges faced by child victims with mental or physical disabilities. 2. Add information related to children with disabilities to existing law enforcement and school personnel training. 3. Provide training to attorneys and judges to create an FASD-informed court system to recognize and respond to the specials needs of children in the child welfare and criminal justice systems with FASD. • Fetal Alcohol Spectrum Disorder Online Training Recommendation B.2.: Increase use of specialized courts and/or attorneys to handle child abuse and neglect cases. Desired outcome/effect: Improve decision making by judges and attorneys handling child abuse and neglect cases. Activities/Initiatives: 1. Establish a child protection specialty court (CPC) office to provide research and analysis, program direction, and legal and technical support to the CPCs in Texas with the goal of maximizing CPC court performance, particularly in the areas of safety, permanency, wellbeing, timeliness, and due process. • Child Protection Court Enhancement Project – YR 2 2. Provide judges and attorneys handling child abuse/neglect cases with specialized training. • Harris County Infant & Toddler Court Recommendation B.3.: Develop and implement programs that increase cultural competency in relation to decision-making processes in the handling of cases of child abuse and neglect. Desired outcome/effect: Safely reduce disproportionality and disparate outcomes for children of color who are victims of child abuse/neglect. Activities/Initiatives: 1. Provide judges, attorneys and MDTs with specialized cultural competency training. • Provide support for professionals to attend Undoing Racism workshops. • Partner with DFPS to implement ongoing fatherhood initiatives, such as additional Fatherhood Roundtable events. 22 C. Reform of State laws, ordinances, regulations, protocols and procedures to protect children from abuse, particularly child sexual abuse. Recommendation C.1.: Develop and implement best practices and/or model protocols for identification of child abuse and neglect which can be used and disseminated state-wide. Desired outcome/effect: Initiatives promote consistent, replicable, model protocols statewide. Activities/Initiatives: 1. Build and sustain the network of Drug Endangered Children Alliances throughout Texas to encourage agency personnel from across disciplines to coordinate and leverage their mutual interests, resources and responsibilities to address the needs of children living in dangerous drug environments. • Texas Alliance for Drug Endangered Children Project – YR 2 2. Develop and implement training for mandated reporters on recognizing and reporting child abuse and neglect (including training related to children with disabilities and cultural competency.) • Task Force to determine next steps based on recommendations from school personnel training project Recommendation C.2.: Reform state laws and create and/or expand programs that ensure all children and youth have continuing access to advocacy and the judicial system. Desired outcome/effect: Initiatives will develop/support advocacy for elevating the youth voice in the judicial system (criminal & civil) to affect decisions made about the youth's life. Activities/Initiatives: 1. Strengthen CASA advocacy through training, increased volunteer recruitment and pilot programs. • CASA Volunteer Development – YR 2 • Transitioning Youth Advocacy • Bridge to Permanency 2. Court preparation programs for children to de-stigmatize the courtroom experience for child victims/witnesses to ensure that they are able to testify in court. • Kids in Court Program 3. Review/evaluate existing state laws related to child abuse and child safety. • Bring in speakers to Task Force meetings to educate Task Force and inform upcoming Three- Year Assessment 23 SUMMARY OF 2011 GRANT AWARDS Grantee Award Date Program Title Amount th Bexar County Children's 10/1/2010- 16 Annual Ad Litem Training $4,000 Court 10/31/2011 CASA of Travis County 10/1/2010- Transitioning Youth Services $49,242 9/30/2011 Children's Advocacy Centers 10/1/2010- Kids in Court $33,390 of Smith County 9/30/2011 Children's Advocacy Centers 10/1/2010- Training and Technical Assistance $200,000 of Texas 9/30/2011 for Texas CACs East Texas Child Advocates 10/1/2010- Pathways to Permanency $56,942 9/30/2011 Harris County 10/1/2010- Harris County Infant Toddler Court $40,000 9/30/2011 Greater Dallas Council on 10/1/2010- Texas Alliance for Drug Endangered $90,000 Alcohol and Drug Abuse 9/30/2011 Children Office of Court 10/1/2010- Child Protection Court $120,000 Administration 9/30/2011 Enhancement Project Texas CASA 10/1/2010- Volunteer Development $200,000 9/30/2011 Texas Foster Families 10/1/2010- 37th Annual Training Conference $4,000 Association 9/30/2011 Texas Office for the 10/1/2010- FASD Online Training for Judges $50,000 Prevention of 9/30/2011 and Attorneys Developmental Disabilities Training and Research 10/1/2010- Child Abuse and Neglect Training $200,000 Institute for Professional 9/30/20111 for Law Enforcement Law Enforcement CAC of Van Zandt County 1/15/2011- Advanced Child Abuse $2,400 3/15/2011 Investigations Training Department of Family and 3/1/2011- FBSS/Investigations Joint Intensive $95,000 Protective Services 9/30/2011 Staff Training 24 SUMMARY OF 2011 GRANT AWARDS Grantee: Bexar County Children's Court Amount: $4,000 Term of Award: 10/1/2010-10/31/2010 Project Description: Host its 16th Annual Ad Litem Training for court appointed attorneys representing children and parents involved in the foster care court system, as well as law enforcement officers, child protective services workers, Court Appointed Special Advocates (CASAs) and social workers. Grantee: CASA of Travis County Amount: $49,242 Term of Award: 10/1/2010-9/30/2011 Project Description: Expand its Transitioning Youth Services (TYS) program which provides court advocacy and essential life skills training and support to youth in Travis County ages 14-18 at risk of aging out of the foster care system and participate in the Transition Court Pilot, a new initiative of Travis County courts. Grantee Website: http://casatravis.org/ Grantee: Children's Advocacy Center of Smith County Amount: $33,930 Term of Award: 10/1/2010-9/30/2011 Project Description: Provide court education and support services for child victims of abuse and their protective caregivers. Grantee Website: http://cacsmithcounty.org/ Grantee: Children's Advocacy Centers of Texas Amount: $200,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Provide multidisciplinary teams and team members with specific and targeted professional development training, formal networking opportunities, cross-training, and technical assistance designed to enhance their professional skills and knowledge and enhance the investigation, intervention, and prosecution of child abuse cases. Grantee Website: http://www.cactx.org/ 25 SUMMARY OF 2011 GRANT AWARDS Grantee: East Texas Child Advocates Amount: $56,942 Term of Award: 10/1/2010-9/30/2011 Project Description: Work to expedite the resolution of backlogged adoption cases in Gregg and Upshur counties. Grantee Website: http://www.etcaserves.org Grantee: Harris County Amount: $40,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Host a regional conference on child abuse and the courts and to support the further development of the ITC infrastructure through the purchase of necessary equipment and software. Grantee Website: http://ccl.hctx.net Grantee: Greater Dallas Council on Alcohol and Drug Abuse Amount: $90,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Continue, through its Texas Alliance for Drug Endangered Children program, to build and sustain the network of DEC Alliances to respond to the needs of children affected by drug environments throughout the state. Grantee Website: http://www.gdcada.org/ & http://texasdec.org/ Grantee: Office of Court Administration Amount: $120,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Continue to operate specialty child protection court (CPC) office to provide research and analysis, program direction, and legal and technical support to the CPCs in Texas. Grantee Website: http://www.courts.state.tx.us/oca/ 26 SUMMARY OF 2011 GRANT AWARDS Grantee: Texas CASA Amount: $200,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Strengthen CASA advocacy through the provision of training, workshops, technical and media assistance initiatives and will increase the number of CASA volunteers through volunteer recruitment and retention activities. Grantee Website: http://www.texascasa.org/ Grantee: Texas Foster Families Association Amount: $4,000 Term of Award: 10/1/2010-10/31/2010 Project Description: Host its 37th annual training conference intended to help prepare caregivers and related parties to better serve the abused and neglected children of Texas. Grantee Website: http://www.tffa.org/ Grantee: Texas Office for the Prevention of Developmental Disabilities Amount: $50,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Develop and provide research-based training to judges and lawyers that will enable Texas to provide Fetal Alcohol Spectrum Disorder (FASD) informed court services that recognize and respond to the special needs of children with disabilities associated with FASD. Grantee Website: http://www.topdd.state.tx.us/ Grantee: Training and Research for a Professional Law Enforcement Amount: $200,000 Term of Award: 10/1/2010-9/30/2011 Project Description: Improve law enforcement's response to child abuse and neglect by administering a comprehensive and free training program that combines an overview of effective response to abuse, with additional instruction on the benefits of a multidisciplinary team approach. Grantee Website: http://www.tmpa.org/ 27 SUMMARY OF 2011 GRANT AWARDS Grantee: Department of Family and Protective Services Amount: $95,000 Term of Award: 3/1/2011-9/30/2011 Project Description: To support an FBSS/Investigations intensive joint staff training will continue to "untie the knot," related to understanding the difference between risk and safety and how the move to safety decision-making will support safety for children in the child protection system by providing practical strategies and tools to aid information gathering and decision making. Grantee Website: http://www.dfps.state.tx.us/ Grantee: CAC of Van Zandt County Amount: $2,400 Term of Award: 1/15/2011-3/15/2011 Project Description: Improve law enforcement's response to child abuse and neglect by administering a comprehensive and free training program that combines an overview of effective response to abuse, with additional instruction on the benefits of a multidisciplinary team approach. Grantee Website: http://www.cacvzc.org/ 28 CJA Second Quarter Program Updates CAC of Smith County (Kids in Court) • Since the beginning of the grant period, the Kids in Court program has provided funding for 47 families in the form of court preparation/education, case updates, court accompaniment, and explanation/assistance with crime victim's rights. The program had previously project serving 50 families for the entire 12 month grant period so it will likely far surpass its goal. • KIC is in the process of planning a regional training on court preparation. The training will provide information on providing services to crime victims and preparing child witness for court. Key concepts include education and advocacy for victims involved in the legal system and the continuum of services available. • The KIC program has provided technical assistance to the Scotty's House CAC in Bryan and has ventured into collaboration with the clinical therapy department of Dallas CAC. • The KIC coordinator has formed an effective relationship with the Smith County criminal District Attorney's office and this increased collaboration has allowed for the KIC program's rapid expansion. CACTX (Training and Technical Assistance for Texas CACs) • The New Director Networking Forum was held in January and attended by five new CAC directors. This small group created an intimate atmosphere that better enabled trainers to provide technical assistance and training as well as facilitate networking. • Team Facilitation took place in March with 16 participants. This training provided insight into strategies for identifying system issues that impact cases and team dynamics as well as helping to promote collaborative decision-making and healthy, productive methods for addressing conflict. • The Mental Health Professionals' Networking Forum and Family Advocate Training will take place in April and May and there has been a request for an on- site MDT training that will take place in May. • The Forensic Interviewer Networking Forum and Forensic Interview Block V Training will both occur in April. CASA of Travis County (Transitioning Youth Services) • During the first two quarters of the grant period, CASA served 254 transitioning youth age 14-18. 201 youth were served by a Transitioning Youth Specialist. • The Transitioning Youth Specialists supervised 137 volunteers and 79% of the youth were matched with a CASA volunteer. • Two monthly meet-ups were held during the second quarter with an average of 8 attendees per session. Though technically part of the third quarter, the April meet-up, an orientation to Austin Community College, was attended by 25 youth. 29 • Eight youth participated in the Transition Court during the first two quarters. The Transitioning Youth team leader reports that most youth are clearly more engaged and comfortable voicing their complaints and frustrations directly to the judge and other Transition Court team members, than they did in regular, formal court hearings. He also reports that once a youth's problems are identified, the response time from caseworkers is faster. • 89% of the youth served during the first two quarters say overall improvement in the five areas measured – legal, placement, educational, therapeutic, and medical. Greater Dallas Council on Alcohol and Drug Abuse (Texas Alliance for Drug Endangered Children) • TADEC presented three webinars during the second quarter. Two webinars presented the "DEC 101" curriculum and all of the individuals attending the webinar were new to DEC. In addition, a webinar was presented entitled "Indoor Marijuana Grows and Drug Endangered Children." It was presented by Drug Enforcement Administration Special Agent Vic Routh and had 217 attendees. • The DEC curriculum was presented on-site twelve times to diverse, multidisciplinary audiences totaling 715. • There were 22 participants in the statewide conference call. • New training requests are received are on a weekly basis and TADEC has recently been accepted to present at several large statewide conferences including Texas Behavioral Health Institute and the Texas School-Based Law Enforcement Conference. • TADEC has recently started collaborating with the U.S. Attorney's Office for the Southern District of Texas and the Houston High Intensity Drug Trafficking Area. Harris County (Infant Toddler Court) • The ITC now shares a docket with the Family Intervention Court (FIC) in Harris County and benefits from the services of a court coordinator, Regina Jones, who works on docket staffings, client case management, data entry, and substance abuse screening and assessment. • The second annual ITC conference has been scheduled for June 23 and 24 and includes speakers on a range of topics of interest to ITC stakeholders. Conference participants will benefit from break-out sessions targeted to specific disciplines. Office of Court Administration (Child Protection Courts Enhancement Project) • The model court initiative has not been popular with the CPC judges, partly because of the difficulty of scheduling a trip that requires time off the bench. Instead of focusing on one court, Ms. Denson has shifted to encouraging the judges to visit a court that is within easy driving distance, with the thought that any observation of another CPC court would be beneficial. This is an ongoing effort. 30 • Every court has been presented with the previous year's data and Ms. Denson is actively working with the courts to improve data collection practices. Specific data fields that most impact outcome measure fields have been identified and court coordinators are focusing on increasing reporting of those fields. Ms. Denson presented information on outcome measure reports to the presiding judges and two of those judges have taken a special interest in improving their courts' data collection. There was a strong positive trend in data collection practices this quarter. • Ms. Denson continues to answer research and support requests from the CPCs. She is actively working with the courts to improve their understanding of CPCMS and made three trips to courts to work on process improvement. She attended the NCJFCJ National Conference in March. Texas CASA (Quality CASA Advocacy and a CASA for Every Child) 1. Recruitment 360 Team Workshops 2. Statewide Volunteer Advisory Council 3. Diversity and Cultural Competency – KWYA Training Project 4. Volunteer Recruitment and Retention Initiatives • One workshop was held in Corsicana on January 20, 2011. Six local programs sent teams of CASA staff, volunteers and board members for a total attendance of 20. Registration is open for the Lubbock workshop to take place April 28th. Following Lubbock workshop, a funding opportunity will be offered to both Corsicana and Lubbock participants based on the recruitment plans started during workshop. • The Statewide Volunteer Advisory Council Meeting met for their second in- person meeting on January 31st. In accordance with the originally stated aims, the Council has addressed volunteer in-service training through their assistance in the development of a statewide volunteer resources site. This committee will continue work in the area of training through recommendations around on-line training and development of best practice tools. The stakeholders committee has engaged in discussions around CASA's role regarding Foster Care Reform and has shared suggestions on updating the statewide MOU with DFPS. • KWYA trainings were held in Waco and Lubbock on February 16-17, 2011 and March 16-17, 2011, for a total attendance of 42. This included CASA staff and volunteers, CPS staff and representatives from several community stakeholder organizations. Registration is currently open for May trainings in Dallas and San Antonio. • Texas CASA held 3 meetings with local and statewide coalitions to assist with African American and Hispanic recruitment. Texas CASA hired Red Media Group to assist in implementing targeted communications strategies. Interviewed Hispanic and African American volunteers and created B-roll that was distributed to Telemundo, Univision and media markets with an African American audience. 31 • Texas CASA has identified a firm to produce their volunteer recruitment video. The anticipated completion date for the video is June. Texas CASA will distribute video to the network along with tips on utilization. • Texas CASA partnered with IBM on January 12 to present Social Media Training for local CASA programs. 12 programs sent representatives to this one day training in Austin. Texas CASA staff members also attended and the training received very high evaluation ratings. Red Media Group will present the April installment of Texas CASA's Professional Development Webinar Series: Media & Marketing:"Doing More with Less". This one hour webinar is geared to local program staff and board members or volunteers who assist with marketing and recruiting efforts. • Texas CASA achieved great media coverage for CASA Day at the Capitol and Child Abuse Prevention Month. Texas CASA created a traveling memorial of children's hand prints & first names of the 227 children in Texas that died due to abuse or neglect last year. Local CASA programs have requested to feature the memorial. TOPDD (Fetal Alcohol Spectrum Disorder) • The Statewide FASD Task Force met Feb. 14th and March 21st. A third meeting is scheduled for May 3rd to further develop action plans. The process is being facilitated by Dr. Ira Chasnoff. There will be two additional meetings in Austin in March and May. • TOPDD has held multiple planning sessions to discuss curriculum, strategies and overall grant objectives. They will be meeting with the state Bar this week to work out details for the online training. • TOPDD presented a 2 hour training on Legal Issues Surrounding Prenatal Alcohol Exposure in the Foster Care Population on March 14th at the Child Advocates in Wichita Falls. 25 participants were in attendance. • TOPDD will present during the spring semester of Grand Rounds, a series of six presentations offered by the Department of State Health Services on the science and practice of behavioral and population-based health. • Dr. Ira Chasnoff has been added the CPS Judicial Conference agenda which will be held in Austin, July 6-8. TRIPLE (Child Abuse & Neglect Training Program for Law Enforcement) • The updated training curriculum was reformatted and finalized during this quarter. The latest version (v2.1) of the curriculum was implemented in March, 2011. New final exam questions were created covering the new material. The PowerPoint Presentations, Learning Objectives and Lesson Plans were also updated to match the new curriculum layout and content. • The program enhanced the website by adding Sample Forms and Online Resources. New videos were added to the Instructor Login Section for instructors to download and use for their presentations. • The second Instructor Training was held in Austin, January 31-February 2, 2011. 14 instructors attended the training. 32 • The program manager attended the Statewide Conference on Violence Against Women on February 21st - February 23rd and the Texas Association Against Sexual Assault Conference on March 7th-10th to increase training visibility and recruit instructors. • 7 classes have been held during this quarter and a total of 95 law enforcement officers have received TCLEOSE credit for this training. Eight trainings are scheduled for April to coincide with Child Abuse Prevention Month. UTHSCSA (Accidental and Inflicted Mechanisms of Injury in Children) • The DVDs have been distributed and are starting to be widely used. The feedback on them has been extremely positive. • The website and mobile app are complete. • The DVDs have been posted to East Texas CASA (Bridge to Permanency – Phase II) • The Permanency Coordinator has added six cases (9) children from Upshur County to her caseload. More children in Upshur need the services of the permanency coordinator and East Texas CASA is working with CPS in Upshur County to get a better understanding of the children needing services and working to add them as they are able. This quarter one case (2 children) in Upshur county has been resolved. Two cases involving 3 children have been placed in adoptive homes. • The Permanency Coordinator is still working with twelve cases (32 children) in Gregg County. There are additional cases in Gregg County that could use CASA's services and they are being added as they have availability. In Gregg County, seven cases (13 children) have been adopted and two cases (3 children) have been placed in adoptive homes this quarter. • "In one case, an aunt and uncle wanted the children when they first entered care; however, due to the fact that they had four children at home and only four bedrooms, they were turned down due to lack of space. Because of the Bridges to Permanency Project, we were able to do the preliminary investigation and discovered that three of the four children were no longer living in the home (one married, one in college, one in the military) and the aunt and uncle were still interested in providing a home for their niece and nephew. The placement will be finalized in the third quarter of this grant." • The Permanency Coordinator was interviewed on a local radio station specifically to discuss her work on this grant and the children available for adoption. Additionally, general community presentations were completed by the Volunteer Manager and Executive Director with references to this project and its impact on the community. Fatherhood Initiatives • Fatherhood Roundtable is scheduled to take place in Brownsville, Saturday, July 16th. The venue had been reserved and participating stakeholders have been identified. Formal invitations will go out next month. 33 CJA Budget Fiscal Year: October 1, 2010 - September 30, 2011 4/20/2011 GY 11 Unexpended Funds: $ 1,035,110.95 Income GY 10 Remaining Funds: $ 144,597.14 FINAL GY 11 Grant Income: $ 1,375,719.00 Program Income: $ - Total Grant Income $ 1,520,316.14 Total Budgeted $ 1,503,617.18 Funds Remaining for New Projects $ 16,698.96 Expense Category Budget Expenses to Date Balance Grantees CACTX $ 200,000.00 $ 84,867.14 $ 115,132.86 TX CASA $ 200,000.00 $ 74,925.51 $ 125,074.49 Office of Court Administration $ 119,999.00 $ 29,697.84 $ 90,301.16 Greater Dallas Council $ 90,000.00 $ 40,597.89 $ 49,402.11 TRIPLE $ 195,440.00 $ 58,711.92 $ 136,728.08 CASA of Travis County $ 49,242.00 $ 23,813.18 $ 25,428.82 CAC of Smith County $ 33,930.00 $ 10,710.61 $ 23,219.39 Harris County $ 40,000.00 $ - $ 40,000.00 TOPDD $ 50,000.00 $ 1,565.13 $ 48,434.87 East Texas Child Advocates $ 56,942.00 $ 23,134.34 $ 33,807.66 UTHSCSA $ 20,424.18 $ 4,502.69 $ 15,921.49 DFPS $ 95,000.00 $ - $ 95,000.00 Small Training Grants $ 12,000.00 $ 10,309.07 $ 1,690.93 Undoing Racism - Part. Support $ 5,000.00 $ 493.74 $ 4,506.26 Fatherhood Initiatives $ 6,000.00 $ 235.00 $ 5,765.00 Prosecutor Training $ 10,000.00 $ - $ 10,000.00 CJA Task Force $ 28,500.00 $ 5,381.96 $ 23,118.04 Salaries $ 150,000.00 $ 59,192.65 $ 90,807.35 Fringe $ 50,000.00 $ 20,023.59 $ 29,976.41 Travel $ 15,440.00 $ 4,338.19 $ 11,101.81 Rent $ 45,000.00 $ 18,129.20 $ 26,870.80 Equipment $ 5,000.00 $ - $ 5,000.00 Audit $ 4,000.00 $ 4,000.00 IT $ 13,000.00 $ 8,903.70 $ 4,096.30 Office Supplies $ 4,300.00 $ 2,502.18 $ 1,797.82 Other Admin $ 4,400.00 $ 3,169.66 $ 1,230.34 Total $ 1,503,617.18 $ 485,205.19 $ 1,018,411.99 34 Summary Children in the Courtroom - CACTX Applicant: Children's Advocacy Centers of Texas Program Title: Children in the Courtroom Task Force Initiative: C.2.2 – Support court preparation programs for children to de-stigmatize the courtroom experience for child victims/witnesses to ensure that they are able to testify in court. Grant Budget: $10,000 Staff Recommendation: $10,000 Program Summary: Children's Advocacy Centers of Texas (CACTX) requests a grant of $10,000 to assist in the creation, production and distribution of a judicial reference guide addressing recommended ―best practices for judicial consideration when a child must appear in court. The guide is intended to help judges determine small but significant changes they can undertake in their courtrooms to increase a child's comfort level and thus their ability to testify accurately. Testifying and appearing in court can be stressful for children as children have little, if any, understanding of the legal process (Karen Saywitz, Children's Conception of the Legal System: Court is a Place to Play Basketball ). Furthermore, the courtroom environment can be intimidating and legal proceedings are often couched in language beyond the child's developmental ability to comprehend (Karen Saywitz, et al, Children's Knowledge of Legal Terminology). Without careful consideration of how to make the court experience more child friendly, within the legal parameters necessary to protect the rights of all parties, this stress and anxiety can inadvertently cause an inappropriate outcome for the case, the family and all parties involved. It is in the best interest of justice and in the best interest of the child that these factors be minimized to the full extent possible. The delicate balance between creating a ―child- friendly courtroom and adhering to the letter and spirit of the law may cause uncertainty for a judge and all parties in the courtroom. However, this challenge can be overcome through development of ―best practices which creatively ensure that all needs are being met—for both the child and the legal system. CACTX will collaborate with the Texas Center for the Judiciary and the Texas District and County Attorney's Association to determine content, assist in disseminating the guide and raise awareness among the judiciary about best practices regarding testimony of children in court. As part of this collaboration, CACTX intends to establish an advisory committee of judges to guide the project. Suggested participants include a judge to represent a rural/general jurisdiction, a judge from the San Antonio children's court, Judge Chris Oldner, presiding judge of the 416th Judicial District Court in Collin County, Judge Camile DuBose, 38th District Judge and former Associate Judge of the Child Protection Court of South Texas, and Judge Cynthia (Cindy) Wheless of the 417th District Court in Collin County, a representative of the Texas Center for the Judiciary. Following the distribution of the guide, CACTX will conduct a survey of recipients to gauge their increased awareness of challenges facing child witnesses and best practices for addressing those issues. Responses will be collected and used to evaluate the 35 Children in the Courtroom - CACTX project's impact. Additionally, responses will be gathered from participants in any training and awareness activities for project evaluation purposes. Following the initial distribution CACTX will continue working with partners in the judiciary to make judges aware of the guide, conduct trainings and support the online version. This continuity will also be supported through our grassroots network of 64 CACs across the state. CJA funds will be used to support the partial salary (7.5%) and fringe (7.5%) of the program director, travel and meeting costs associated with project planning and dissemination, and contractual expenses to hire a legal intern to assist with project activities. 36 Overview – Grant Review and Selection Process for 2012 CJA Grant Awards Continuation Grants – Non-competitive - $720,000 • Specific requests for proposals were developed for continuation projects: o Training and Technical Assistance for Texas Children's Advocacy Centers - CACTX o CASA Volunteer Development - Texas CASA o Child Protection Court Enhancement Project - Office of Court Administration o Child Abuse Training Program for Texas Law Enforcement – Texas Municipal Police Association CJA Project Grant Program – Competitive - $250,000 • Staff posted a competitive request for applications (RFA) to the CJA website and sent out a funding announcement to the CJA distribution list. • Similarly to last year, the RFA solicited applications in various funding categories: o Operating Support - General operating support grants are those that invest in an organization's core mission rather than in specific projects or programs. The primary purpose of these grants is to give grantees the flexibility to pursue the overall goals of their organizations and use CJA funding as it would best facilitate the achievement of those goals. Preference will be given to organizations who have received CJA funding in the past. (Max. Request - $40,000) o Venture Grants - Venture project grants are grants to be used for innovative projects that respond to an existing or emerging need within the community. This does not include replication, enhancement, or expansion of an existing project unless that project is currently receiving CJA funding. The Venture Project grant is designed to encourage organizations to test new ideas. (Max. Request: $30,000) o Model/Demonstration Projects- Demonstration project grants are intended to develop and implement an evidence-based model with specific components or strategies that are based on theory, research, or evaluation data; or to replicate or test the transferability of successfully evaluated program to improve systems' responses to child abuse and/or neglect. (Max. Request - $75,000) o Project Support Grants - A Project Support grant is given to support a specific, connected set of activities, with a beginning and an end, explicit objectives, measurable goals, and a predetermined cost. Projects submitted for consideration should have clearly defined activities designed to achieve a specific purpose that aligns with one or more of CJA's Task Force recommendations. Projects include training, technical assistance, the development of new products, services, procedures or techniques that further the mission of CJA. (Max. Request $50,000) Review and Selection Process 1. Letters of Intent (LOI) for all prospective grantees are due April 22nd. 2. Grants Committee will meet prior to May 15th to decide which applicants will be invited to submit a full application. 3. Full applications are due June 17th. 4. Grants Committee will meet prior to July 22nd Task Force meeting to determine which projects will be funded. 37 Overview – Grant Review and Selection Process for 2012 CJA Grant Awards Small Training Grants - $20,000 • Maximum award of $4,000. • Available on a first come-first serve basis. Must be received 60 days in advance of training and align with CJA goals. Other Considerations • Task Force members with conflicts of interest must disclose conflict and abstain from the approval process. • CJA Staff will formulate funding recommendations and create an implementation plan. • Staff may elect not to recommend applicants with management or financial problems that would indicate an inability to successfully complete the proposed project. Staff may recommend applications to be funded in whole or in part or at an amount lower than that requested. • Staff would like to consider additional solicitations for 6 month grants, once UB and excess funding is confirmed. 38 39 Department of Family and Protective Services SFC Funding Decisions Updated 4-11-11 Items Funded • Foster care caseload growth and restoration of the foster care rate reduction were funded, allowing the agency to begin implementation of foster care redesign. • Caseload growth for adoption subsidies was fully funded, allowing the continuation of paying adoption subsidies for special needs children. • 461.6 CPS FTEs, or 62% of the FTEs reduced in the introduced bill, were restored. o Of this number, 259.6 caseworker positions were restored. o The remaining reduction to the FY 11 FTE cap is 287.9 CPS FTEs, including 146.4 caseworkers. o FY 13 average daily caseloads per worker is projected to increase over FY 11 by 9% for Investigations, 26% for Family Based Safety Services, and 8% for Substitute Care, which is an improvement from the caseload per worker increases in the introduced bill (15% for Investigations, 34% for Family Based Safety Services, and 14% for Substitute Care). • The reduction to APS emergency client services funding was fully restored. Approximately 1,748 adults age 65 or older and adults with disabilities annually will not lose emergency client services. One FTE of the reduction of 10 FTEs for the APS MH and MR Investigations program was restored. • The Relative Caregiver program was restored but not to the FY 10-11 base funding level. o Half of the base funding for monetary assistance was restored. The means test would be less than 200% of the federal poverty level. It is currently set at 300%. Fewer relative caregivers would be eligible for this program. An estimated 5,257 children will be provided assistance. If baseline funding was fully restored, 10,514 children will be provided assistance. Restoring the remaining half of the base funding is pended. o Restoring 85% of the base funding for the day care services was restored. 85% funding assumed that a sliding fee scale would be implemented. o The base funding for relative home assessments was fully restored. • The reduction to Protective day care program was fully restored. Day care will be available for an average of 3,838 more children each year. • The request for additional legal staff for timely due process was partially funded through the use of contracted staff. Approximately 42% of the backlog will be addressed. 40 • The request for additional day care licensing staff to strengthen regulation of the day care industry was funded through a contingency rider for increasing licensing fees. • Capital budget authority without the funding was provided for the upkeep of the agency's automated casework systems. • Restoration of the overall 40% reduction in prevention and early intervention funding was partially funded. o The STAR program was restored to 97% of the FY 11 appropriated level. Services were restored to 1,976 children and youth per month. o The CYD program was restored to 94% of the FY 11 appropriated level. Services were restored to 1,905 children and youth per month. o The 31% reduction to the Texas Families program was not restored. o The Other At-Risk prevention programs were restored to 39% of the FY 11 appropriated level. Services were restored to 777 children and youth per month in FY 12 and 774 in FY 13. o The contract management staff reduction of 14.5 FTE was not restored. Items Not Funded • 287.9 CPS FTEs, including 146.4 caseworkers, were not restored. Caseloads will continue to rise. o Without sufficient staff to work cases, provide adequate supervision and support, and handle the ongoing needs associated with working with families, the courts, and providers, DFPS' ability to keep children safe will be impaired. o Between FY 09 and FY 10 caseloads grew in all stages of service with the highest growth in the Investigation stage where the caseload grew from 20.7 to 29.2, a 41% increase. DFPS had an exceptional item request in the LAR for additional direct delivery staff to maintain caseloads per worker. This request was dropped when the introduced bill came out. o Forecasts indicate continued growth in intakes and removals for FY 12-13. o Since the initiation of CPS Reform in 2005, Texas' child population has grown by nearly 450,000 and our state will continue to grow at a rapid rate into the foreseeable future. o The cost to restore the remaining 287.9 FTEs is $32.8 million GR and $37.4 million All Funds. • Restoration of the 10.0 APS In-home FTE reduction (including 7 caseworkers), 9.0 MH and MR Investigations FTE reduction (including 6 caseworkers), and the 2.0 FTE reduction for program support, was not funded. Caseloads will continue to rise. o Will result in the roll-back of 11% of APS Reform direct delivery FTEs for the in- home investigations program, and 17% of the direct delivery FTEs provided last 41 session for the DOJ settlement (investigations in state supported living centers) and SB 643 (investigations in private ICFs-MR). o It is projected that FY 13 caseloads will increase 13% in In-Home Investigations and 1.4% in facilities investigations. o In FY 10, APS in-home intakes increased by 15% over the previous year. Forecasts indicate continued growth in intakes and investigations for FY 12-13. DFPS had an exceptional item request in the LAR for additional direct delivery staff to maintain caseload per worker. This request was dropped when the introduced bill came out. o The Texas population of adults age 18-64 with a disability and over 65 continues to grow. In 2005 it was 3.8 million and in 2010 it was 4.2 million, an increase of 0.4 million, or 11%. It is projected to increase 17% from 2010 to 2015. o The cost to restore these remaining reductions is $2.0 million GR and $2.3 million All Funds. • $3.5 million of the request for additional legal staff for timely due was not funded. Approximately 58% of the backlog of abuse/neglect appeals remains pending at the end of FY 13. • Restoration of the 17.2 Statewide Intake FTE reduction was not funded. With fewer staff to handle the volume of reports of child and adult abuse and neglect and child care regulatory concerns, caller hold times and corresponding abandonment rate could increase 18%. o Abandoned calls put vulnerable children and adults at further risk of harm. In FY 10, the average hold time was 8.9 minutes and the abandonment rate was 33%. In FY 12, average hold times are projected to increase to 10.2 minutes as a result of the HB1 reductions. In addition, 42,600 additional calls would be abandoned as a result of HB1 reductions to SWI staff. In FY 13, average hold times are projected to increase to 10.5 minutes with 42,625 additional abandoned calls. o During compliance reviews at the State Supported Living Centers, the DOJ monitors have expressed a concern with hold times and abandoned call rates. They have cited intake abandonment rates as a compliance risk factor. o There is projected to be a 4% increase in call volume each year for FY 12-13. o The cost to restore this reduction is $1.6 million GR and All Funds. • Restoration of the funding for necessary changes to the agency's automated casework management systems for CPS, APS, and Child Care Licensing was not funded, although capital budget authority was provided. o The agency would lose technical efficiencies resulting in higher time demands on caseworkers and others who use these automated systems daily if FY 12-13 appropriation for other purposes cannot be redirected to this need. o The legislature has made DFPS' workforce highly mobile, allowing it to carry higher caseloads that national standards stipulate. All client records are electronic and case documentation is done via sophisticated software and equipment. The 42 agency is now highly dependent on these highly efficient electronic systems. These systems must be maintained and updated in order for DFPS caseworkers to do even basic job tasks. o The cost to restore this reduction is $3.7 million GR and $4.0 million All Funds • Restoration of the GR for the federally required match for purchased adoptions and post-adoption services that was assumed to be replaced by local match, was not funded. Approximately 31 children a month would lose purchased adoption services, and 405 children a month in FY 12 and 385 a month in FY 13 would lose post-adoption services, if providers cannot contribute the match. o Fewer resources for adoption services could reduce the pool of adoptive families, thus jeopardizing the number and quality of matches for placing children into adoptive placements. This could mean more children remain in foster care. o Fewer resources for post-adoption services could discourage families from adoption since there may not be a safety net of support services readily available to them. It could also relate to an increase in adoption dissolutions with more children returning to paid foster care. o The cost to restore this reduction is $5.8 million GR and All Funds. • Restoration of the remaining reduction in prevention and early intervention funding was not funded. Approximately 4,490 youth and families a month would lose services. o The cost to restore the remaining reductions is $17.6 million GR and All Funds. 43 Legislative Update – 4/18/2011 HB 100 Author: Martinez Fischer Description: Section 411.088(b), Government Code - Would create a central database containing information about certain offenders who have committed 3 or more offenses involving family or dating violence. Status: Left pending in Homeland Security and Public Safety subcommittee HB 121 Author: Castro Description: Section 102.006(c), Family Code - Would allow relatives within the fourth degree by consanguinity to seek custody of child. Status: Out of committee. Reported favorably w/o amendment(s) HB 148 Author: Raymond Description: Chapter 156, Family Code – Would require parties in a suit affecting the parent-child relationship to disclose to the court whether a member of the party's extended family is required to register as a sex offender. Status: Left pending in House Judiciary and Civil Jurisprudence committee. HB 151 Author: Raymond Description: Section 264.755, Family Code - Would require DFPS to pay relative caregivers at the same daily rate of basic foster care. Status: Referred to House Human Services committee HB 420 Author: Alonzo Description: Section 162.304, Family Code - Would require DFPS to provide adoption subsidy to an adoptive parent whose family income is less than 300% of federal poverty level if child would have remained in foster until the child's 18th birthday. Status: Left pending in House Human Services committee 44 Legislative Update – 4/18/2011 HB 435 Author: Parker Description: Section 102.008(b), Family Code - Would not require court in a termination suit to appoint an attorney ad litem to represent the interests of an alleged father who failed to register and whose identity or location is unknown Status: Left pending in House Judiciary and Civil Jurisprudence committee. HB 436 Author: Parker Description: Section 102.003(a), Family Code - Would allow foster parents to seek adoption after a child has been in their home for at least 6 months. Status: Out of committee. Reported favorably as substituted HB 452 Author: Lucio III Description: Subchapter Z, Chapter 51, Education Code - Would ensure colleges and universities provide support to foster care alumni in need of housing between academic terms Status: Out of committee. Considered in Calendars HB 481 Author: Dutton Description: Section 160.201(b), Family Code - Would require an acknowledgement of paternity to be supported by the results of genetic testing. Status: Referred to Judiciary and Civil Jurisprudence committee HB 483 Author: Dutton Description: Section 102.008, Family Code - Would require petition to included notice to alleged or presumed father of right to paternity testing and court to order test if requested by alleged or presumed father. Additionally, sets out process to vacate order of paternity or child support. Status: Referred to Judiciary & Civil Jurisprudence committee HB 484 Author: Dutton Description: Subchapter A, Chapter 9, Family Code - Would require court to find provisions of an order clear, specific, and unambiguous before enforcement by contempt. 45 Legislative Update – 4/18/2011 Status: In House Judiciary and Civil Jurisprudence committee. Withdrawn from schedule. HB 487 Author: Dutton Description: Chapter 84, Family Code - Would allow testimony by children eight years or older at a hearing on an application for a protective order. Status: Referred to Judiciary & Civil Jurisprudence committee. HB 502 Author: Kleinschmidt Description: Section 264.101(a-2), Family Code - Would extend foster care payments for youth over the age of 18. Additionally, DFPS would pay up until the last day of the month a youth turns 22. Status: Left pending in House Human Services committee HB 517 Author: Dutton Description: Section 156.401, Family Code - Would allow child support obligor to plead confinement in a local, state, or federal jail or prison for a period of at least 90 consecutive days as an affirmative defense to a motion for enforcement. Status: In House Judiciary and Civil Jurisprudence committee. Withdrawn from schedule. HB 545 Author: Dutton Description: Section 21.11(b) Penal Code - Would provide an affirmative defense to indecency with a child for certain students who engage in sexual contact with another student at least in 9th grade. Status: Out of committee. Comm. report sent to Local & Consent Calendar HB 618 Author: Dutton Description: Subchapter B, Chapter 160, Family Code - Would allow equitable relief to person identified in court order as father to a child who demonstrates that the order was obtained by fraudulent representations made by the child's mother. Status: Referred to Judiciary & Civil Jurisprudence committee 46 Legislative Update – 4/18/2011 HB 649 Author: Gallego Description: Article 7A.03, Code of Criminal Procedure – Would eliminate requirement that court issuing a protective order effective for the duration of the lives of the offender and victim must find reasonable cause to believe that the victim is subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender. Status: Out of committee. Placed on Local, Consent, and Res. Calendar HB 712 Author: Walle Description: Section 531.048, Government Code - Would require DFPS to ensure maximum caseloads for investigative workers average 21 cases at any time and for Family Based Safety services, an average of 18 cases at any time. Additionally, DFPS would be required to ensure the average hold time for calls to the hotline does not exceed eight minutes and the call abandonment rate for each state fiscal year does not exceed 25 percent. Status: Referred to Human Services committee. HB 753 Author: Raymond Description: Subchapter B, Chapter 40, Human Resources Code – Would require DFPS to use special assessment tools to place applicants in CPS divisions for which they are best suited based on applicant's skills, personality traits, and experience. Additionally, would required DFPS to study the effect of salaries on the recruitment and retention of caseworkers. Status: Out of committee. Reported favorably as substituted HB 769 Author: Lozano Description: Subchapter C, Chapter 42, Human Resources Code – Would require DFPS or licensed child-placing agency to perform a psychological evaluation on operators of foster homes and potential adoptive parents before placing a child. Status: Referred to Human Services committee 47 Legislative Update – 4/18/2011 HB 792 Author: Zerwas Description: Section 263.102, Family Code – Would require service plans to inform parents that compliance with the service plan is voluntary. Parents who are unable or unwilling to sign service plan to file a motion for a hearing to approve the plan. If the parents refuse to sign the plan, the plan will not take effect until the court approves the plan. Additionally, would create a rebuttable presumption that placing a child with a designated caregiver is in the best interests of the child and would not require DFPS to conduct a home study in these circumstances. Status: Left pending in House Human Services committee HB 793 Author: Zerwas Description: Section 105.009(a), (c), (h), (i), and (k), Family Code – Would require court ordering parties to attend parent education and family stabilization course to specially state findings as to parental deficiencies and specific areas to be covered in parent education and family stabilization course. Status: Referred to Judiciary & Civil Jurisprudence committee HB 794 Author: Zerwas Description: Sections 262.112 (a) and (b), Family Code - Would prohibit DFPS from placing a child with a designated caregiver under certain circumstances involving immediate danger to the child or if the designated caregiver has criminal history unless DFPS determines the placement will not endanger the child. Additionally, would require DFPS to provide parent with written notice of objections to designated placement and allow parent to challenge the placement decision. Status: Referred to Human Services committee HB 807 Author: Parker Description: Subchapter B, Chapter 264, Family Code - Would require DFPS to provide written notice to residential child-care facility and child-placing agency involved with the child at least 48 hours before the residential placement is changed. Status: Out of committee. Reported favorably w/o amendment(s) 48 Legislative Update – 4/18/2011 HB 824 Author: Villarreal Description: Subchapter A, Chapter 32, Health and Safety Code – Would require the Attorney General to develop and periodically update a publication to promote fathers' involvement. Status: Referred to Health & Human Services committee. HB 826 Author: Farias Description: Subchapter Z, Chapter 33, Education Code – Would require school districts to appoint an employee to act as a liaison officer to facilitate the enrollment in or transfer to a public school of a child in the district who is in the conservatorship of the state. Status: Left pending in House Public Education committee. HB 835 Author: Parker Description: Section 102.006 (c), Family Code – Would decrease the time limit to file a suit for modification requesting permanent managing conservatorship or adoption of a child to 30 days after termination of parental rights. Status: Out of committee. Reported favorably as substituted HB 848 Author: Guillen Description: Section 34.001, Family Code – Would permit an authorization agreement between parent in child protective services case and relative or other person with whom a child is placed under a parental child safety placement agreement approved by DFPS to allow the person to perform the acts described by Section 34.002 with regard to the child. Status: Passed House. Referred to Senate Health & Human Services committee. HB 906 Author: Thompson Description: Section 107.013, Family Code – Relates to appointments made in and the appeal of certain suits affecting the parent-child relationship. Status: Passed House. Referred to Senate Jurisprudence. HB 907 Author: Thompson Description: Section 85.001, Family Code – Would allow the court to render a protective order effective for a period that exceeds two years if the court finds that the subject of the order caused serious bodily injury to 49 Legislative Update – 4/18/2011 the applicant or family member or was the subject of two or more previous protective orders. Status: Referred to House Judiciary & Civil Jurisprudence committee. HB 909 Author: Thompson Description Section 154.006(a), Family Code – Would terminate the parent-child relationship and the obligation to pay child support in circumstances of mistaken paternity. Status: Out of house committee. Laid on the table subject to call. HB 943 Author: Dukes Description Subchapter B, Chapter 264, Family Code – Would require DFPS to notify law enforcement, the appropriate court, the attorney ad litem, and the child's parent, if a child in its managing conservatorship is missing from the child's substitute care provider. Status: Passed House. Referred to Senate Health & Human Services committee. HB 1194 Author: Zerwas Description Section 261.002, Family Code – Would provide for procedural protections for individuals reported to have committed abuse or neglect. Status: Referred to House Human Services committee. HB 1221 Author: Miles Description: Subchapter A, Chapter 31, Human Resources Code – Would, to the extent that funds are appropriated for this purpose, establish a kinship care support program to provide financial assistance to kinship caregivers using funds available for that purpose under the federal Temporary Assistance for Needy Families block grant. Status: Referred to House Human Services committee HB 1243 Author: Miller, Doug Description: Chapter 22, Penal Code – Would create a state jail felony offense for a person who intentionally, willingly, and recklessly ingests a controlled substance while pregnant or introduces a controlled substance into the body of a person who is pregnant. Status: Left pending in House Criminal Jurisprudence committee 50 Legislative Update – 4/18/2011 HB 1342 Author: Walle Description: Section 531.048, Government Code – Would, to the extent appropriated money is available for the purpose, ensure that DFPS not exceed an average caseload for department caseworkers - 21 for investigative caseworkers, 18 for CPS caseworkers providing FBSS services, and 27 for adult protective services. Additionally, the Abuse, Neglect and Exploitation Hotline would adopt call processing standards including an average hold time not to exceed 8 minutes, and a call abandonment rate for to exceed 25% per fiscal year. Status: Referred to House Human Services committee. HB 1466 Author: Hernandez Luna Description: Title 2, Family Code – Would permit a young adult (person at least 18 years of age and under 21 years of age) who is not a citizen or a permanent resident of the U.S. file a suit requesting the court to declare that the young adult has been abused, neglected, or abandoned or otherwise meets the requirements for special immigration status as defined by 8 U.S.C. Section 1101 (a) (27) (J). The suit may be filed in a court that has family law jurisdiction. Status: Left pending in House State Affairs Committee. HB 1601 Author: Price Description: Section 3.03(b), Penal Code – would allow for the stacking of penalties if the accused is found guilty of first degree felony offenses of injury to a child, an elderly individual, or a disabled individual. Status: Passed House HB 1709 Author: Dukes Description: Chapter 40, Human Resources Code – would add subchapter E asset development for eligible foster children, creating individual development accounts to be facilitated and administered by sponsoring organizations to enable participating individuals to accumulate assets and facilitate and mobilize savings. Participants may use the development accounts for first-time home purchases, start-up businesses or self-employment costs, and/or postsecondary education or training expenses. Status: Left pending in House Human Services committee 51 Legislative Update – 4/18/2011 HB 1722 Author: Lucio Description: Chapter 38, Penal Code – would create an offense for the failure to stop or report certain crimes committed against a child. Status: Left pending in House Criminal Jurisprudence committee HB 1854 Author: Rodriguez Description: Chapter 264, Family Code – would define "parent-child safety agreement" as a temporary out-of-home placement of a child with a caregiver that is made by a parent or other person with whom the child resides in accordance with a written agreement approved by DFPS that ensures the safety of the child during an investigation of alleged abuse or neglect of the child or while the parent is receiving services from DFPS. Status: Out of committee. Placed on Local, Consent, and Res. Calendar. HB 2014 Author: Thompson Description: Section 11.44(b), Alcoholic Beverage Code - would amend the Alcoholic Beverage Code to require TABC to refuse to issue for varying period of times as a result of offense involving prostitution or trafficking of persons. Additionally, this bill would amend the Code of Criminal Procedure to require defendants convicted of trafficking of persons or compelling prostitution of a child to pay restitution in an amount equal to the cost of necessary rehabilitation including medical, psychiatric and psychological care and treatment for victims of the offense under the age of 18. This bill would also require court-ordered community supervision of defendants convicted of compelling prostitution of a child or trafficking. Status: Passed House. Referred to Senate Criminal Justice committee. HB 2210 Author: Farias Description: Section 261.203, Family Code – as soon as information regarding child fatalities resulting from abuse or neglect is available, DFPS will provide the information to the judge of each court in the state having jurisdiction over child abuse and neglect cases and proceedings and the judge with supervisory authority over a court having such jurisdiction. Status: Left pending in House Human Services committee. 52 Legislative Update – 4/18/2011 HB 2329 Author: Zedler Description: Title 1, Code of Criminal Procedure – relating to the confidentiality of certain information regarding victims of trafficking of persons and to the issuance and enforcement of protective orders to protect victims of trafficking of persons. Status: Out of Committee. Comte report filed with Committee Coordinator HB 2337 Author: Gallego Description: Section 8, Article 38.22, Code of Criminal Procedure – would specify that provisions of law relating to the admissibility of a child statement and the waiver of any right granted to a child by state or federal law in a proceeding under the Juvenile Justice Code do not preclude the admission of a statement made by the child if the statement is obtained in another state in compliance with the laws of that state or Texas or by federal law enforcement officers in Texas or another state in compliance with federal laws. Status: Out of committee. Placed on Local, Consent, and Res. Calendar. HB 2706 Author: Nash Description: Subchapter D, Chapter 261, Family Code – DFPS shall make a review and analysis of investigations of child abuse and neglect in which the department has determined abuse or neglect was committed by a child in foster care against another child in foster care. No later than 12/31/12, the department shall make recommendations under this section to the governor, lieutenant governor, speaker of the house, and standing legislative committees. Status: Referred to House Human Services committee. HB 2820 Author: Farias Description: Subchapter B, Chapter 263, Family Code – would create an Educational Course Pilot Program in Bexar County that requires parents receiving services from DFPS in Bexar County and against whom the department has made a finding of abuse or neglect complete an educational course on the effects of child abuse or neglect on a child. The department shall require the completion of the course as a condition of the service plan for the parent. Status: In House Human Services committee. Withdrawn from schedule 53 Legislative Update – 4/18/2011 HB 3000 Author: Thompson Description: Chapter 20A, Penal Code – would amend the Penal Code to create the first degree felony offense of continuous trafficking of persons. The bill makes it an offense to engage in two or more times in conduct that constitutes an offense of trafficking a person that is more than 30 days in duration. The bill makes the offense punishable by imprisonment of not more than 99 years or less than 25 years. Status: Passed House. Senate received from House. HB 3123 Author: Thompson Description: Subchapter B, Chapter 262, Family Code – would make it the duty of DFPS to inform all adult relatives (related within the third degree of consanguinity) to a child removed from home within 30 days of removal, options to participate in care, and date, time and location of the status hearing. Additionally, all adult persons identified in a child placement resources form completed by the parent or person having legal custody shall be notified as well as any other adult relatives or adult persons with a longstanding and significant relationship with the child, at the department's discretion. Status: Referred to House Judiciary & Civil Jurisprudence committee. HB 3176 Author: King Description: Section 38.17, Penal Code – would change the offense for failure to stop or report aggravated sexual assault of a child from Class A misdemeanor to felony. Status: Left pending in House Criminal Jurisprudence committee HB 3234 Author: Hernandez Luna Description: Subchapter A, Chapter 264, Family Code – would require DFPS to release a copy of a child's case record to the child no later than 30 days before the date of the child's discharge from foster care. The goal of this bill is to prioritize requests to release case records, including those made by an adult previously in the department's managing conservatorship. Status: Passed House. 54 Legislative Update – 4/18/2011 HB 3311 Author: Carter Description: Section 107.004, Family Code – would require a meeting between an attorney ad litem appointed for a child and the client to take place a sufficient time before the hearing to prepare for the hearing and take place in a private setting. Status: Out of Committee. Comte report filed with Committee Coordinator HB 3454 Author: Workman Description: Sections 153.009(a) and (f), Family Code – would change the minimum age the court of a child interviewed in chambers from 12 to 15 to determine the child's wishes regarding conservatorship. Status: Referred to House Judiciary & Civil Jurisprudence committee. HB 3474 Author: Gallego Description: Section 43.02, Penal Code – would provide a defense to prosecution for a child younger than 14 years old for the offense of prostitution. Status: Left pending in House Criminal Jurisprudence committee. HB 3531 Author: Strama Description: Subchapter A, Chapter 226, Family Code – except in the case of an emergency, a foster child may not be prescribed more than four prescription medications to be taken concurrently unless the decision to prescribe medication is reviewed and approved by an independent physician. The bill will require HHSC to implement a system under which HHSC will use Medicaid vendor drug program data to monitor the prescribing of psychotropic drugs for children in foster care and enrolled in STAR managed care. Status: Out of House committee. Comm. report sent to Local & Consent Calendar _____________________________________________________________________________________ SB 33 Author: Zaffirini Description: Section 32.0261, Human Resources Code - Would extend children's Medicaid eligibility from 6 months to 1 year. Status: Referred to Health and Human Services 55 Legislative Update – 4/18/2011 SB 39 Author: Zaffirini Description: Subchapter B, Chapter 531, Government Code - Would improve the benefit application eligibility process by increasing community outreach and capacity. Status: Referred to Health and Human Services SB 63 Author: Zaffirini Description: Section 1, Chapter 487, Government Code - Would provide matched savings accounts to families working with Family Based Safety Services. Status: Left pending in Senate Business and Commerce committee SB 98 Author: Van de Putte Description: Section 20A.01, Penal Code - Would expand the definition of forced labor, sexual exploitation of minors, and continuous trafficking of a person. Also supports the continued efforts of the Texas Human Trafficking Prevention Task Force. Status: Referred to Criminal Justice SB 152 Author: Huffman Description: Sections 1, 2, and 3, Article 38.37, Code of Criminal Procedure - Would allow that in the prosecution of a defendant for sexual offenses committed against a child evidence of similar offenses committed by the defendant shall be admitted in the trial. Amended to include evidence of similar offense has been proved beyond reasonable doubt. Amended to include Human Trafficking. Status: Passed to engrossment as amended SB 218 Author: Nelson Description: Section 153.0071 (e-1), Family Code - Would prevent CPS from entering into written agreements with a child's parent or another adult requiring certain actions to ensure the safety after the case if closed; would require CPS to seek custody of a child under age 11 who tests positive for an STD (unless based on medical evidence, a finding of child abuse is not supported or after interviewing the child, it is found that the perpetrator of the abuse was not a parent of the child or an adult living in the same home); would waive the driver's license fee for foster youth. Status: House Received from the Senate 56 Legislative Update – 4/18/2011 SB 219 Author: Nelson Description: Section 264.015, Family Code - Would expand the trauma-informed training programs and services, requiring department casework supervisors to complete an annual refresher training course in trauma- informed programs and services and also providing the same trauma- informed training to CASAs, CAC staff, therapists at Department of Aging and Disability Services mental health centers, and domestic violence shelter staff. The bill also requires that STAR require that contracted physicians and providers receive training in trauma-informed care as well as post-traumatic stress disorder and attention deficit/hyperactivity disorder. Status: House Received from Senate SB 269 Author: Uresti Description: Subchapter A, Chapter 263, Family Code - Would require that DFPS provide the "Foster Care Bill of Rights" to all youth in care, informing each child of his or her rights as provided by state or federal law or policy. Status: Referred to Health and Human Services SB 277 Author: Davis Description: Section A, Chapter 264, Family Code - Would require DFPS to release the full case record to a child exiting foster care, no later than 30 days before discharge. Status: Referred to Health and Human Services SB 434 Author: Nelson Description: Section 1, Chapter 531, Government Code – Would create a Task Force to address the relationship between domestic violence and child abuse and neglect. Status: Reported engrossed 57 Legislative Update – 4/18/2011 SB 471 Author: West Description: Section 11.252 (a), Education Code – Would amend the policy addressing sexual abuse and other maltreatment of children to include provisions describing progress on the adoption and implementation of this policy, include charter schools in the policy, include maltreatment as well as sexual abuse, and include specific training plans for staff. Status: Referred to Health and Human Services SB 482 Author: Harris Description: Section 34.002, Family Code – would only allow for one authorization agreement with a nonparent relative of a child to be in effect at one time. Status: House Received from Senate SB 501 Author: West Description: Title 1, Human Resources Code – would establish an Interagency Council for Addressing Disproportionality to examine the level of disproportionate involvement of children who are members of a racial or ethnic minority group at each stage in the juvenile justice, child welfare, education, and mental health systems. Status: House Referred to Human Services SB 532 Author: Davis Description: Subchapter B, Chapter 40, Human Resources Code – DFPS would study the feasibility of developing and implementing a system that would cross-reference new birth registrations filed with the Bureau of Vital Statistics with the registry of reported cases of child abuse and neglect. Status: Referred to Health and Human Services SB 574 Author: Van de Putte Description: Section 1355.001, Insurance Code – would require insurance to provide coverage to children between the ages of 3 and 17 who have been diagnosed with a serious emotional or behavioral disorder or a neuropsychiatric condition. Status: Referred to State Affairs 58 Legislative Update – 4/18/2011 SB 578 Author: Fraser Description: Chapter 38, Code of Criminal Procedure – would address the testimony of a child in the prosecution of an offense and include various, child- friendly court procedures such as limiting duration of testimony, limiting the timing of testimony, allowing comfort items and/or a support person, and ensuring age appropriate language and questions. Status: Referred to Criminal Justice SB 681 Author: West Description: Subchapter C, Chapter 40, Human Resources Code – would establish a Child Welfare Assessment Task Force to study the assessments used by DFPS to determine appropriate placement, treatment, and service needs for a child, develop a list of tools for providers to use when conducting behavioral assessments, and develop guidelines regarding the contents of assessment reports. Status: Placed on intent calendar SB 968 Author: Nelson Description: Section 1, 42.015 Code of Criminal Procedure – in the case that the judge makes an affirmative finding of fact and enters the affirmative judgment in a case where the victim was under the age of 17 at the time of the offense, in addition to any other costs imposed on conviction, a person shall pay 1) $50 for a misdemeanor offense and 2) $100 for a felony offense. The comptroller shall deposit revenue received under this account to fund the statewide CASA organization. Status: Referred to Criminal Justice committee. SB 993 Author: Uresti Description: Section 1, Chapter 264, Family Code – Parental Child Safety Agreements would need to include terms that clearly state the respective duties of the person making the placement and the caregiver, the conditions under which the person placing the child would have access to the child, the duties of the department, the date on which the agreement will terminate, and any other term the determine deems necessary for the safety and well-being of the child. The department must also have procedures in place for evaluating the appropriateness of the potential caregiver. There are additional procedures for the closing of cases related to parental child safety agreements in this bill as well. Status: Out of Senate committee. Not again placed on intent calendar 59 Legislative Update – 4/18/2011 SB 1025 Author: Harris Description: Section 1, Section 107.013, Family Code – in a suit affecting the parent- child relationship, any citation served on the parent of a child would include information regarding the appointment of an attorney ad litem to represent an indigent parent and the procedure for a parent to assert the claim of indigence. Status: Passed Senate. House received from Senate. SB 1026 Author: Harris Description: Subchapter B, Chapter 107, Family Code – would clarify the duties, responsibilities, and role of the attorney ad litem for parent in abuse or neglect cases ad would require continuing legal education related to child protection law as well as prior training in child protection law. Status: Out of Senate committee. Not again placed on intent calendar SB 1027 Author: Harris Description: Section 1, Subpart F, Part XIII, Texas Probate Code – would be amended to prohibit an attorney serving as guardian from providing legal services in connection with the guardianship. Status: Referred to Senate Jurisprudence committee. SB 1060 Author: Van de Putte Description: Subtitle H, Title 2, Health and Safety Code – would add chapter 169 which would add the First Offender Prostitution Prevention Program to integrate and advise program participants on available services in the processing of cases (mental health, substance abuse), use a nonadversarial approach in order to educate offenders and reduce demand for commercial sex trafficking, and allow those who successfully complete the program to receive an order of nondisclosure from the court. Status: Referred to Senate Criminal Justice committee. SB 1154 Author: Uresti Description: Chapter 264, Family Code – would establish a Task Force to develop a strategy to reduce child abuse and neglect and improve child welfare. Status: Passed Senate. House received from Senate. 60 Legislative Update – 4/18/2011 SB 1312 Author Van de Putte Description: Alcoholic Beverage Code, Various and Code of Criminal Procedure, Various - Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses and to the prevention, prosecution, and punishment of those offenses. Status: Referred to Senate Criminal Justice committee. SB 1436 Author Van de Putte Description: Chapter 20A, Penal Code – would create the offense for continuous trafficking of persons, providing a penalty and other civil consequences. Status: Out of Senate committee. Committee report printed and distributed SB 1490 Author Uresti Description: Section 152.105, Family Code – would add a subsection relating to child custody determination made in a foreign country or to an enforcement of an order for the return of a child made under the Hague Convention on Civil Aspects of International Child Abduction. The court may issue a warrant to take physical custody of a child if the court finds that the child is imminently likely to suffer serious physical harm or be removed from this state. Status: Passed Senate. Out of House Committee. Reported favorably w/o amendment(s) SB 1624 Author Davis Description: Section 58.003, Family Code – would order the sealing of records concerning a child adjudicated as having engaged in certain delinquent conduct and who have been the victims of human trafficking, when the child successfully completes the term of probation or is discharged from Texas Youth Commission, as applicable. Status: Left pending in Senate Higher Education Committee. 61 Legislative Update – 4/18/2011 SB 1637 Author Davis Description: Subchapter A, Chapter 264, Family Code – would ensure that each child in the managing conservatorship of the Department of Family and Protective Services who is 16 years of age or older would receive a free copy the child's credit report each year until the child is discharged from foster care and would understand the report and the procedure for correcting inaccuracies. Status: Referred to Senate Health and Human Services committee. SB 1643 Author Uresti Description: Section 201.2041(b), Family Code – relates to the mandatory dismissal deadlines and extended jurisdiction in suits affecting the parent child relationship to which the Department of Family and Protective Services is a party. Of particular note, the bill grants a court extended jurisdiction, with a child's case remaining on a court's docket, for youth who enter into periods of extended foster care following their 18th birthdays. Courts shall conduct periodic review hearings every six months to review the young adult's plan of service and such hearings can extend to the youth's 21st birthday. Status: Referred to Senate Jurisprudence committee. SB 1705 Author Lucio Description Subchapter Z, Chapter 51, Education Code – would provide for temporary housing between academic terms at institutions of higher education for students formerly under the conservatorship of the Department of Family and Protective Services. Status: Referred to Senate Higher Education committee. SB 1843 Author Carona Description Subchapter A, Chapter 102, Code of Criminal Procedure – would create a $10 penalty on conviction of an offense for which the defendant is required to register as a sex offender and the funds shall go to the Internet Crimes Against Children Fund. Additionally, the bill would require the Attorney General to assist felony prosecutors in the state in obtaining administrative subpoenas for the purposes of investigating and prosecuting crimes involving exploitation of a minor. Status: Left pending in Senate Criminal Justice Committee. 62 Advanced Child Abuse Investigation Training and Other News Nicole Martinez, Program Manager email@example.com Advanced Child Abuse Interested in Hosting Training at Investigation - Law Enforcement Your Agency? Training: If there is no training available in your area, please contact me to schedule one at your agency. The Advanced Child Abuse Investigation training Instructors will travel for FREE to your agency to is designed to improve law enforcement's teach. Agencies interested in hosting must meet response to incidents of child abuse and neglect, the following requirements: particularly child sexual abuse and exploitation. This training combines the most up-to-date inter- • Ensure a minimum of 10 officers are in atten- viewing and investigative techniques for officers dance to process such crimes more effectively, while • Provide a facility (at no cost) that can accom- ensuring full victim restoration through the use modate 10+ officers comfortably of multidisciplinary teams. • Provide a media projector and screen 2011 Instructor Training: Child Abuse Prevention Month 10 ] The 2011 Advanced Child Abuse Investigation Instructor Training was held January 31st- April is National Child Abuse Prevention Month, February 2nd in Austin. Fourteen new instructors a time to raise awareness about child abuse and were trained to teach the Advanced Child Abuse neglect and encourage individuals and communi- Investigation - Law Enforcement Training, across ties to support children and families. This is a the state. Below is a list of the new instructors: time communities throughout the nation work together to raise awareness about the horrors of Andrew Carian - San Antonio Police Department child abuse and neglect, and provide information, John Raiford - Trinity Police Department tools, and support to help prevent child abuse and neglect and keep children safe. Barbara Ferrara - West Texas A&M University Darrell Losoya - Alpine Police Department Contact your local Children's Advocacy Center to find out what they are doing this April to bring Frank Muniz - Katy ISD Police Department awareness about preventing child abuse. Visit Gary Teeler - Texas Parks and Wildlife www.cactx.org/local to find a center near you. Jim Sears - Irving Police Department Joel Pridgeon - Austin Police Department Karl Schoenthal - River Oaks Police Department Kevon Howard - Glenn Heights Police Department Mark Tedder - Smith County Sheriff's Office Matt Levan - Sugar Land Police Department Committed to Providing Paul Blea - Seguin Police Department Educational Opportunity for CJ Professionals Shari Burrows - Friendswood Police Department Criminal Justice Degrees • Master's CJ -Professional Track Online Registration • Bachelor's CJ -33 credits @ no cost for TCLEOSE training • Both degrees are fully accredited and completely on-line To find a list of upcoming trainings and register online, visit our website at www.acatraining.org Contact: firstname.lastname@example.com or 254-968-9024 and click on Calendar. 63 A Call for Instructors! Carole Metcalf, Program Coordinator email@example.com Campaign FRIDAY is currently seeking officers from The Children's Advocacy Centers of Texas, Inc.'s across the State who (CACTX) has launched a statewide campaign cen- are interested in tered around the courage it takes to talk about becoming instructors child sexual abuse—the courage it takes child vic- to train fellow officers tims to come forward and talk about their abuse, on laws and investiga- and the courage it takes adults to talk about the tive/enforcement tech- issue, learn the signs, and report abuse when it's niques related to suspected. underage drinking and underage impaired driving. This 8-hour class Child sexual abuse is a crime of secrecy which, includes topics such as the Alcohol's Effect on tragically, breeds within our society because it is Brain Development, the Alcoholic Beverage Code, difficult to talk about. Talking openly about this Counterfeit Identification, and Investigative issue combats the secrecy that enables it and helps to eradicate child sexual abuse from our Techniques/Preventative Measures related to underage drinking and underage impaired driving. [11 communities. Why One With Courage? Because it takes tremen- Instructors must be committed to reducing dous courage for young victims to come forward underage drinking and underage impaired and openly discuss the abuse they've suffered. It drinking and driving not only through officer takes courage for adults to recognize the signs of education, but also through involvement with abuse and report suspected abuse. It will take coalitions in their local communities. courage for Texans to engage in an open dialogue about child sexual abuse. Officers who wish to be considered must submit an application, attend a 3-day Train-the-Trainer The One With Courage campaign aims to educate course to be held April 5th- 7th at TMPA our fellow Texans about the signs of sexual abuse, Headquarters (Austin), and commit to becoming dispel generally accepted "myths" about this issue, involved in local coalition building. Instructors and provide communities with steps they may take are selected based upon knowledge, experience, to make a difference in a child's life. education, expressed interest, and geographical Most importantly, this campaign aims to inspire location (officers in rural areas are preferred). courage necessary to take action against child sex- If you are interested in becoming an instructor, ual abuse; whether starting a dialogue about this please visit www.texasfriday.org and complete an issue, equipping ourselves with the knowledge application. You may send your application to needed to recognize the signs of abuse, or volun- email@example.com or FAX to FRIDAY at teering at a local children's advocacy center. 512-454-8860. All applications must be received Visit the One With Courage website at by 5:00 p.m. Tuesday, March 15th. www.onewithcourage.org to find ways you can help! Should you have any questions, please contact the F.R.I.D.A.Y. staff at 1-800-848-2088 x 207. For any questions or to schedule training, you may also contact Tammany Williams, Program *Please note that this program is designed to serve as Assistant: email@example.com, call 800- continuing education for officers and is not a school 848-2088, or visit us online: www.acatraining.org based program. 64 Innovations Available for License or Partnering Distinguishing Inflicted Injury from Accidents in Children Background Applications This educational program was designed to • Train clinicians and investigators to rec- assist investigators, social workers, and ognize common mechanisms and symp- health care providers understand the toms of serious injuries in young children mechanisms of severe injuries sustained by • Enhance the clinical evaluation of serious infants and young children. injuries in infants and children An understanding of the forces, character- • Improve investigative techniques istics, and expected symptoms associated with each injury is key to the evaluation • Illustrate complex medical concepts in and ultimate determination of abuse likeli- court testimony to promote juror and hood. judge understanding This CD teaches investigators and clinicians Advantages what information and details are needed to • Segment contents created by physicians address the questions, "Is this injury suspi- who are experts in the field of childhood cious for abuse? What tests and informa- injuries and child abuse tion do I need to address this possibility?" • Each audiovisual segment focuses on a The Innovation single type of injury, so training can be Child Abuse Pediatricians at Children's directed "as needed" to that injury Mercy Hospitals and Clinics in Kansas City • Each segment includes realistic anima- and at the University of Texas Health Sci- tion illustrating how different mecha- ence Center San Antonio have developed a nisms of accidental injuries and abuse series of brief, realistic audiovisual seg- lead to different findings ments that provide the needed guidance. The entire program is approximately 1 hour • Compact disc viewable on Mac and PC long. Status Each segment describes a specific injury, • Copyright, Children's Mercy Hospitals and e.g. transverse fracture of the femur, and Clinics, and South Texas Technology includes animations demonstrating one or Management more scenarios that reasonably explain the injury. • Demo and order at www.childrensmercy.org/mic Each injury section includes radiographs, associated clinical findings, diagnostic test Medical Information data, and video clips of both accidental Jim Anderst, MD, MSCI and inflicted mechanisms of injury to assist Section on Child Abuse and Neglect the clinician and investigator in determining Children's Mercy Hospitals and Clinics Children's Mercy Hospitals & Clinics the need for further evaluation of abuse. 2401 Gillham Road firstname.lastname@example.com, 816-855-1729 Kansas City, MO 64108 Licensing Information 816-234-3000 Stephen ONeil, PhD MBA Director of Technology Development email@example.com, 816-701-4501 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83
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