Section 526.0401 - [Effective 4/1/2025] Caseload Standards For Department Of Family And Protective Services(a) In this section:(1) "Caseload standards" means the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by or the number of different job functions performed by the employee.(2) "Professional caseload standards" means caseload standards for employees of health and human services agencies that are established or are recommended for establishment by:(A) management studies conducted for health and human services agencies; or(B) an authority or association, including: (i) the Child Welfare League of America;(ii) the National Eligibility Workers Association;(iii) the National Association of Social Workers; and(iv) associations of state health and human services agencies.(b) Subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, the executive commissioner may establish caseload standards and other standards relating to caseloads for each category of caseworker the Department of Family and Protective Services employs.(c) In establishing standards under this section, the executive commissioner shall: (1) ensure that the standards are based on the caseworker's actual duties;(2) ensure that the caseload standards are reasonable and achievable;(3) ensure that the standards are consistent with existing professional caseload standards;(4) consider standards developed by other states for caseworkers in similar positions of employment; and(5) ensure that the standards are consistent with existing caseload standards of other state agencies.(d) Subject to the availability of funds the legislature appropriates: (1) the commissioner of the Department of Family and Protective Services shall use the standards established under this section to determine the number of personnel to assign as caseworkers for the department; and(2) the Department of Family and Protective Services shall use the standards established to assign caseloads to individual caseworkers the department employs.(e) Nothing in this section may be construed to create a cause of action. (Gov. Code, Secs. 531.001(1), (5), 531.048; New.)Tex. Gov't. Code § 526.0401
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 769,Sec. 1.01, eff. 4/1/2025.