Amends TCA Title 37.

Under present law, the department of children's services must maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average, to be calculated at least monthly, 20 active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; or 20 children monitored and supervised in active cases relating to ongoing services. The department is required to comply with the maximum caseload ratios described. This bill provides that the department must maintain staffing levels of case managers prior to January 1, 2025. LOWERED CASELOAD RATIOS This bill provides that, in addition to present law, the commissioner must ensure that no case manager is concurrently responsible for an unreasonable number of cases that undermines the department's capacity to ensure the life and safety of any child under the care and supervision of the department. Beginning January 1, 2025, the commissioner must ensure that no case manager is concurrently responsible for more than 15 cases at any time, unless the commissioner determines that assignment of cases in excess of this limit is temporarily necessary to ensure the life and safety of any child under the care and supervision of the department. The commissioner is further required to ensure reasonable supervisory ratios to ensure supervisors can provide case managers effective leadership, oversight, and staff support. SPECIAL RESPONSE TEAM PERSONNEL This bill authorizes the commissioner to employ special response team personnel, who do not maintain regular caseloads but are available to assume cases from case managers to assist in maintaining caseload standards, respond to emergent situations, and guard against interruption in service delivery. REPORT Under present law, the commissioner, or the commissioner's designee, has the duty to publish, in accordance with the rules, regulations, policies and procedures of the state publication committee, an annual report on the operation of the department and the services and programs under its supervision by January 31 and furnish the report to the governor, members of the general assembly, other persons and relevant entities that may request the report such as the Tennessee council of juvenile and family court judges and the Tennessee commission on children and youth, and others as the governor may consider appropriate. Such annual report must contain information regarding foster care services, including definitions, racial composition, and statutory or regulatory authority where appropriate as to the following: (1) The total number of children in foster care by region and segmented by level of placement; placement type; average length of custody; and number of department of children's services foster care placements currently available; (2) The total social services case managers by region and segmented by case manager slots; actual filled slots; average salary; average social services caseload; and range of social services caseload; (3) The total number of attorneys and paralegal staff by region, identifying the number of attorney slots, attorney filled slots, paralegal slots, and paralegal filled slots. The annual report must contain information about any escape, attempted escape, security breach, or attempted security breach that has occurred in the previous calendar year at a secure detention or correctional facility designated, operated, or approved by a juvenile court for confinement of juveniles. The information must include the facts of the escape, security breach, or attempt, the time when the escape, breach, or attempt occurred, and the circumstances under which the escape, breach, or attempt occurred This bill requires that, in addition to the annual report already required by law, beginning January 1, 2024, the department must annually publish the following on its website: (1) The average daily statewide caseload of case managers; (2) The number of case managers whose caseload is above the average or the limit on caseloads; (3) The ratio of supervisors to case managers; and (4) The number of supervisors who supervise more than the average number of case managers. The department may segment published data related to caseload by type of work performed, including intake, placement, adoption, or other categories consistent with department policies. NONCOMPLIANCE This bill provides that beginning January 1, 2025, if the average daily caseload of case managers exceeds 15 cases per case manager for two consecutive months or if 10 percent or more of case managers have average daily caseloads exceeding 15 cases per case manager, then the department will be considered noncompliant with caseload standards. In such circumstances, the department must do the following: (1) Within 14 days of initial noncompliance, deliver to the governor, members of the general assembly, and the Tennessee commission on children and youth notice of the noncompliance and a summary of emergent efforts being made to rectify the noncompliance; and (2) Post, on a monthly basis, on its website, the average daily statewide caseload of case managers, until such time as the average daily caseload has been maintained at 15 or fewer cases per case manager for 30 consecutive days. If, on December 1 of each year the commissioner determines compliance with any of this bill's requirements is infeasible or unwarranted, then the commissioner must provide written notice to the governor and members of the general assembly. ON MARCH 14, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1048, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the changes below to the present law regarding caseloads for the department of children's services ("department"). Under present law, the department must maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average, to be calculated at least monthly, 20 active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; or 20 children monitored and supervised in active cases relating to ongoing services. The department is required to comply with the maximum caseload ratios described. Beginning January 1, 2025, this amendment requires the commissioner of children's services ("commissioner") to ensure that no case manager is responsible for more than 25 cases at any time, unless the commissioner determines that assignment of cases in excess of this limit is temporarily necessary to ensure the life and safety of any child under the care and supervision of the department. Also, beginning January 1, 2025, this amendment requires the department to publish on the department's website (i) the average weekly statewide caseload of case managers; and (ii) the number of case managers whose caseload is above the average or the limit set forth in this amendment. Beginning January 1, 2026, this amendment requires the following: (1) The department must maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average, to be calculated at least monthly, of (i) 18 active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; or (ii) 18 children monitored and supervised in active cases relating to ongoing services; and (2) The commissioner must ensure that no case manager is responsible for more than 22 cases at any time, unless the commissioner determines that assignment of cases in excess of this limit is temporarily necessary to ensure the life and safety of any child under the care and supervision of the department. Beginning January 1, 2027, this amendment requires the following: (1) The department must maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average, to be calculated at least monthly, of (i) 15 active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; or (ii) 15 children monitored and supervised in active cases relating to ongoing services; and (2) The commissioner must ensure that no case manager is responsible for more than 20 cases at any time, unless the commissioner determines that assignment of cases in excess of this limit is temporarily necessary to ensure the health and safety of any child under the care and supervision of the department. Beginning January 1, 2028, this amendment requires the following: (1) The department must maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average, to be calculated at least monthly, of (i) 12 active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; or (ii) 12 children monitored and supervised in active cases relating to ongoing services; and (2) The commissioner must ensure that no case manager is responsible for more than 15 cases at any time, unless the commissioner determines that assignment of cases in excess of this limit is temporarily necessary to ensure the life and safety of any child under the care and supervision of the department. If the department is noncompliant with the standards in this amendment for three consecutive months, this amendment requires the department to provide written notice to the governor and speakers of the senate and the house of representatives of the noncompliance and a summary of efforts being made to rectify the noncompliance.