Executive Order RP35 - July 2, 2004

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
July 2, 2004

WHEREAS, the State of Texas places a high value on the children of this state and is committed to ensuring that young Texans grow up in safe and healthy settings; and

WHEREAS, the mission of the Child Protective Services program is to protect children from abuse, neglect, and exploitation by investigating and providing or arranging for services necessary to prevent abuse or alleviate maltreatment; and

WHEREAS, the most effective way to prevent and address the abuse, neglect, or exploitation of children is to ensure that Child Protective Services works with every community stakeholder to prevent and investigate child abuse and neglect, including the medical community, the mental health community, local family support and education programs, child abuse prevention programs, advocate groups, legal experts, courts, law enforcement, and others; and

WHEREAS, the full participation of municipal, county, and state law enforcement is key to identifying, investigating, and stopping child abuse, neglect, and exploitation; and

WHEREAS, the administration and organization of the Child Protective Services program should operate efficiently and be accountable for the protection and safety of children; and

WHEREAS, under House Bill No. 2292 of the 78th Legislature, the Health and Human Services Commission was charged to provide policy direction, oversight, administrative support, and accountability for the health and human services agencies, including the Department of Family and Protective Services; and

WHEREAS reports of child abuse and neglect in Bexar and Hidalgo counties prompt the necessity of extraordinary measures;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:

Systemic Reform. The Health and Human Services Commission, considering this effort of the highest priority, shall direct and oversee the systemic reform of the Child Protective Services program, focusing on the need to protect children from abuse, neglect, and exploitation. The Commission shall request assistance from additional state agencies as needed to ensure an appropriate and comprehensive reform of the program.

Review of Case Files. The Health and Human Services Commission shall immediately begin an independent review of previously closed cases in the Child Protective Services program, prioritizing cases for review, determining whether regulations have been consistently followed, and taking immediate, corrective measures in cases where needed. The Commission shall ensure that any necessary and appropriate disciplinary action be taken in response to all cases identified as having been mishandled, particularly if injury or death resulted from inappropriate action. The Commission shall use information collected from these case reviews to ensure the reforms to the Child Protective Services program promote the continued health and safety of children.

Administrative Reform. The Health and Human Services Commission shall conduct a comprehensive administrative reform of the Child Protective Services program, including developing new training procedures, reviewing communication policies between caseworkers and supervisors, reviewing contracts with facilities, and ensuring the effective application of all state statutes and policy requirements to protect the safety and well-being of children.

Organizational Reform. The Health and Human Services Commission shall conduct a comprehensive organizational reform of the Child Protective Services program to ensure the appropriate placement of state resources and program supervisors for proper and sufficient regional oversight and communication, the effective application of all state statutes and policy requirements, and the most appropriate outcomes for children.

Partner with Law Enforcement. The Texas Department of Public Safety is directed to give high priority to investigating and addressing any potential criminal cases of child abuse and neglect. Additionally, the Department of Public Safety shall coordinate with municipal and county law enforcement and the Health and Human Services Commission staff members to provide assistance as needed in conducting investigations.

Partner with Local Communities. The Child Protective Services program shall work with community partners to establish permanent cooperative relationships in local communities to prevent and raise awareness of the abuse, neglect, and exploitation of children. These partnerships shall include the primary care and pediatric medical community, the mental health community, local family support and education programs, child abuse prevention programs, advocate groups, legal experts, courts, law enforcement as well as any other local or unique community resources necessary.

Review of State Policy. The Health and Human Services Commission and the Child Protective Services program shall review and adopt new rules and policies which may be necessary to implement this Executive Order.

Review of Statute. The Health and Human Services Commission and the Child Protective Services program shall review and make recommendations regarding any changes in statute which may be required. The Health and Human Services Commission and the Child Protective Services program shall solicit input from members of the legislature.

Report of Compliance. The Health and Human Services Commission shall oversee the development and submission of an implementation plan and a final report of the implementation of this order. The implementation plan shall outline the specific actions taken to implement this order and shall be submitted no later than 90 days of the date of this order. The final report shall review all actions taken, as well as the recommended statutory changes developed in compliance with the Order, and shall submit this report to the Office of the Governor no later than December 31, 2004.

Full Cooperation. All affected agencies and other public entities shall cooperate fully with the Health and Human Services Commission during the research, analysis, and implementation of this order.

This executive order shall be construed together with Executive Order RP-33 on adult protective services. Both RP-33 and this order shall remain in effect until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 2nd day of July, 2004.

RICK PERRY
Governor

ATTESTED BY:
GEOFFREY S. CONNOR
Secretary of State