Executive Order RP39 - January 6, 2005

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
January 6, 2005

WHEREAS, government has no greater responsibility than ensuring the safety of its citizens, especially the safety of its children; and

WHEREAS, as Governor, I issued Executive Order RP-35 on July 2, 2004, calling for a systemic review of the Child Protective Services program by the Health and Human Services Commission (H.H.S.C.) in response to concerns that the Child Protective Services (C.P.S.) program was failing to protect abused and neglected children; and

WHEREAS, the H.H.S.C. Office of Inspector General’s findings, policy workgroups, stakeholder forums, and an employee survey all concluded that:

• the C.P.S. program is not sufficiently focused on its core function of investigating allegations of abuse and neglect to protect children;
• the integration of policy development, management, and direct practice for investigations with all other C.P.S. services in the state office and throughout the regions limits the focus and resources available to deal with emergent investigation problems and needed reform;
• investigative caseworkers are working under a chain of command that is unable to assist them with making good decisions about their investigations; and

WHEREAS, Child Protective Services investigations are critical in determining whether child abuse or neglect has occurred and in protecting children from harm; and

WHEREAS, upon completion of that review, the Office of Inspector General found that in more than half of the investigations where action was needed caseworkers either failed to maintain contact with the child, failed to review the case with their supervisor for appropriate direction, or failed to provide all needed services to children; and

WHEREAS, failed investigations have left children in dangerous situations and contributed to a number child deaths;

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 as the Chief Executive Officer, do hereby order the following:

Creation. Health and Human Services Commission shall immediately create a Division of Investigations within the Department of Family and Protective Services (D.F.P.S.) to place strong policy and management emphasis upon improved investigation methodologies.

Responsibilities. The Division of Investigations shall:

• Receive, screen, and investigate reports of abuse and neglect, and
• Refer families and children that need further services to appropriate D.F.P.S. or private sector providers in their communities.

Administration. Department of Family and Protective Services shall hire a director who has a strong background in forensic investigation and law enforcement to manage the C.P.S. Division of Investigations.

This executive order supersedes all previous orders in conflict or inconsistent with its terms and shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 6th day of January, 2005.

RICK PERRY
Governor

ATTESTED BY:
GEOFFREY S. CONNOR
Secretary of State