Bill Text: TX HB2630 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to certain programs provided to families of children at risk for abuse and neglect.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-20 - Effective on 9/1/15 [HB2630 Detail]
Download: Texas-2015-HB2630-Enrolled.html
H.B. No. 2630 |
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relating to certain programs provided to families of children at | ||
risk for abuse and neglect. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 264.201(d), Family Code, is amended to | ||
read as follows: | ||
(d) The services may include in-home programs, parenting | ||
skills training, youth coping skills, and individual and family | ||
counseling. If the department requires or a court orders parenting | ||
skills training services through a parenting education program, the | ||
program must be an evidence-based or promising practice parenting | ||
education program described by Section 265.101 that is provided in | ||
the community in which the family resides, if available. | ||
SECTION 2. Chapter 265, Family Code, is amended by | ||
designating Sections 265.001, 265.002, 265.003, and 265.004 as | ||
Subchapter A and adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES | ||
SECTION 3. Section 265.004, Family Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) To the extent that money is appropriated for the | ||
purpose, the department shall fund evidence-based programs, | ||
including parenting education, home visitation, family support | ||
services, mentoring, positive youth development programs, and | ||
crisis counseling, offered by community-based organizations that | ||
are designed to prevent or ameliorate child abuse and neglect. The | ||
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offered by a child welfare board established under Section 264.005, | ||
a local governmental board granted the powers and duties of a child | ||
welfare board under state law, [ |
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established under Section 264.402, or other persons determined | ||
appropriate by the department. | ||
(a-1) The department shall ensure that not less than 75 | ||
percent of the money appropriated for parenting education programs | ||
under Subsection (a) funds evidence-based programs described by | ||
Section 265.101(b) and that the remainder of that money funds | ||
promising practice programs described by Section 265.101(c). | ||
(a-2) The department shall actively seek and apply for any | ||
available federal funds to support parenting education programs | ||
provided under this section. | ||
SECTION 4. Subchapter A, Chapter 265, Family Code, as added | ||
by this Act, is amended by adding Section 265.005 to read as | ||
follows: | ||
Sec. 265.005. STRATEGIC PLAN. (a) The department shall | ||
develop and implement a five-year strategic plan for prevention and | ||
early intervention services. Not later than September 1 of the last | ||
fiscal year in each five-year period, the department shall issue a | ||
new strategic plan for the next five fiscal years beginning with the | ||
following fiscal year. | ||
(b) A strategic plan required under this section must: | ||
(1) identify methods to leverage other sources of | ||
funding or provide support for existing community-based prevention | ||
efforts; | ||
(2) include a needs assessment that identifies | ||
programs to best target the needs of the highest risk populations | ||
and geographic areas; | ||
(3) identify the goals and priorities for the | ||
department's overall prevention efforts; | ||
(4) report the results of previous prevention efforts | ||
using available information in the plan; | ||
(5) identify additional methods of measuring program | ||
effectiveness and results or outcomes; | ||
(6) identify methods to collaborate with other state | ||
agencies on prevention efforts; and | ||
(7) identify specific strategies to implement the plan | ||
and to develop measures for reporting on the overall progress | ||
toward the plan's goals. | ||
(c) The department shall coordinate with interested parties | ||
and communities in developing the strategic plan under this | ||
section. | ||
(d) The department shall annually update the strategic plan | ||
developed under this section. | ||
(e) The department shall post the strategic plan developed | ||
under this section and any update to the plan on its Internet | ||
website. | ||
SECTION 5. Subchapter D, Chapter 40, Human Resources Code, | ||
as amended by S.B. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is transferred to Chapter 265, Family Code, | ||
redesignated as Subchapter B, Chapter 265, Family Code, and amended | ||
to read as follows: | ||
SUBCHAPTER B [ |
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PROGRAMS | ||
Sec. 265.051 [ |
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(1) "Children's trust fund" means a child abuse and | ||
neglect primary prevention program. | ||
(2) "Primary prevention" means services and | ||
activities available to the community at large or to families to | ||
prevent child abuse and neglect before it occurs. The term includes | ||
infant mortality prevention education programs. | ||
(3) "Operating fund" means the Department of Family | ||
and Protective Services child abuse and neglect prevention | ||
operating fund account. | ||
(4) "State agency" means a board, commission, | ||
department, office, or other state agency that: | ||
(A) is in the executive branch of the state | ||
government; | ||
(B) was created by the constitution or a statute | ||
of this state; and | ||
(C) has statewide jurisdiction. | ||
(5) "Trust fund" means the child abuse and neglect | ||
prevention trust fund account. | ||
Sec. 265.052 [ |
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PREVENTION PROGRAMS. (a) The department shall operate the | ||
children's trust fund to: | ||
(1) set policy, offer resources for community primary | ||
prevention programs, and provide information and education on | ||
prevention of child abuse and neglect; | ||
(2) develop a state plan for expending funds for child | ||
abuse and neglect primary prevention programs that includes an | ||
annual schedule of transfers of trust fund money to the operating | ||
fund; | ||
(3) develop eligibility criteria for applicants | ||
requesting funding for child abuse and neglect primary prevention | ||
programs; and | ||
(4) establish funding priorities for child abuse and | ||
neglect primary prevention programs. | ||
(b) The children's trust fund shall accommodate the | ||
department's existing rules and policies in procuring, awarding, | ||
and monitoring contracts and grants. | ||
(c) The department may: | ||
(1) apply for and receive funds made available by the | ||
federal government or another public or private source for | ||
administering programs under this subchapter and for funding for | ||
child abuse and neglect primary prevention programs; and | ||
(2) solicit donations for child abuse and neglect | ||
primary prevention programs. | ||
Sec. 265.053 [ |
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(a) Administrative costs under this subchapter during any fiscal | ||
year may not exceed an amount equal to 50 percent of the interest | ||
credited to the trust fund during the preceding fiscal year. | ||
(b) Funds expended under a special project grant from a | ||
governmental source or a nongovernmental source for public | ||
education or public awareness may not be counted as administrative | ||
costs for the purposes of this section. | ||
Sec. 265.054 [ |
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TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention | ||
trust fund account is an account in the general revenue fund. Money | ||
in the trust fund is dedicated to child abuse and neglect primary | ||
prevention programs. | ||
(b) The department may transfer money contained in the trust | ||
fund to the operating fund at any time. However, during a fiscal | ||
year the department may not transfer more than the amount | ||
appropriated for the operating fund for that fiscal year. Money | ||
transferred to the operating fund that was originally deposited to | ||
the credit of the trust fund under Section 118.022, Local | ||
Government Code, may be used only for child abuse and neglect | ||
primary prevention programs. | ||
(c) Interest earned on the trust fund shall be credited to | ||
the trust fund. | ||
(d) The trust fund is exempt from the application of Section | ||
403.095, Government Code. | ||
(e) All marriage license fees and other fees collected for | ||
and deposited in the trust fund and interest earned on the trust | ||
fund balance shall be appropriated each biennium only to the | ||
operating fund for [ |
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prevention programs. | ||
Sec. 265.055 [ |
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(a) The operating fund is an account in the general revenue fund. | ||
(b) Administrative and other costs allowed in Section | ||
265.053 [ |
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department may transfer funds contained in the operating fund to | ||
the trust fund at any time. | ||
(c) The legislature may appropriate the money in the | ||
operating fund to carry out the provisions of this subchapter. | ||
(d) The operating fund is exempt from the application of | ||
Section 403.095, Government Code. | ||
Sec. 265.056 [ |
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may solicit contributions from any appropriate source. | ||
(b) Any other contributions for child abuse and neglect | ||
primary prevention or other prevention and early intervention | ||
programs shall be deposited into a separate designated fund in the | ||
state treasury and shall be used for that designated purpose. | ||
(c) A person may contribute funds to either the trust fund, | ||
the operating fund, or a fund designated by the department for a | ||
specific child abuse and neglect primary prevention or other | ||
prevention or early intervention purpose. | ||
(d) If a person designates that a contribution is intended | ||
as a donation to a specific fund, the contribution shall be | ||
deposited in the designated fund. | ||
SECTION 6. Section 40.0561, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 265, Family Code, as | ||
transferred and redesignated from Subchapter D, Chapter 40, Human | ||
Resources Code, by this Act, and redesignated as Section 265.057, | ||
Family Code, to read as follows: | ||
Sec. 265.057 [ |
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GRANTS. (a) Subject to available funding, the department shall | ||
award community youth development grants to communities identified | ||
by incidence of crime. The department shall give priority in | ||
awarding grants under this section to areas of the state in which | ||
there is a high incidence of juvenile crime. | ||
(b) The purpose of a grant under this section is to assist a | ||
community in alleviating conditions in the family and community | ||
that lead to juvenile crime. | ||
SECTION 7. Chapter 265, Family Code, is amended by adding | ||
Subchapter C to read as follows: | ||
SUBCHAPTER C. PARENTING EDUCATION | ||
Sec. 265.101. PARENTING EDUCATION PROGRAMS. (a) A | ||
parenting education program provided by the department must be an | ||
evidence-based program or a promising practice program described by | ||
this section. | ||
(b) An evidence-based program is a parenting education | ||
program that: | ||
(1) is research-based and grounded in relevant, | ||
empirical knowledge and program-determined outcomes; | ||
(2) has comprehensive standards ensuring the highest | ||
quality service delivery with continuous improvement in the quality | ||
of service delivery; | ||
(3) has demonstrated significant positive short-term | ||
and long-term outcomes; | ||
(4) has been evaluated by at least one rigorous, | ||
random, controlled research trial across heterogeneous populations | ||
or communities with research results that have been published in a | ||
peer-reviewed journal; | ||
(5) substantially complies with a program manual or | ||
design that specifies the purpose, outcomes, duration, and | ||
frequency of the program services; and | ||
(6) employs well-trained and competent staff and | ||
provides continual relevant professional development opportunities | ||
to the staff. | ||
(c) A promising practice program is a parenting education | ||
program that: | ||
(1) has an active impact evaluation program or | ||
demonstrates a schedule for implementing an active impact | ||
evaluation program; | ||
(2) has been evaluated by at least one outcome-based | ||
study demonstrating effectiveness or random, controlled trial in a | ||
homogeneous sample; | ||
(3) substantially complies with a program manual or | ||
design that specifies the purpose, outcomes, duration, and | ||
frequency of the program services; | ||
(4) employs well-trained and competent staff and | ||
provides continual relevant professional development opportunities | ||
to the staff; and | ||
(5) is research-based and grounded in relevant, | ||
empirical knowledge and program-determined outcomes. | ||
Sec. 265.102. OUTCOMES OF EVIDENCE-BASED PARENTING | ||
EDUCATION. The department shall ensure that a parenting education | ||
program provided under this chapter achieves favorable behavioral | ||
outcomes in at least two of the following areas: | ||
(1) improved cognitive development of children; | ||
(2) increased school readiness of children; | ||
(3) reduced child abuse, neglect, and injury; | ||
(4) improved child safety; | ||
(5) improved social-emotional development of | ||
children; | ||
(6) improved parenting skills, including nurturing | ||
and bonding; | ||
(7) improved family economic self-sufficiency; | ||
(8) reduced parental involvement with the criminal | ||
justice system; and | ||
(9) increased paternal involvement and support. | ||
Sec. 265.103. EVALUATION OF EVIDENCE-BASED PARENTING | ||
EDUCATION. (a) The department shall adopt outcome indicators to | ||
measure the effectiveness of parenting education programs provided | ||
under this chapter in achieving desired outcomes. | ||
(b) The department may work directly with the model | ||
developer of a parenting education program to identify appropriate | ||
outcome indicators for the program and to ensure that the program | ||
substantially complies with the model. | ||
(c) The department shall develop internal processes to | ||
share information with parenting education programs to assist the | ||
department in analyzing the performance of the programs. | ||
(d) The department shall use information obtained under | ||
this section to: | ||
(1) monitor parenting education programs; | ||
(2) continually improve the quality of the programs; | ||
and | ||
(3) evaluate the effectiveness of the programs. | ||
Sec. 265.1035. INITIAL REPORT. (a) Not later than December | ||
1, 2016, the department shall prepare and submit a report on | ||
state-funded parenting education programs to the standing | ||
committees of the senate and house of representatives with | ||
jurisdiction over child protective services. | ||
(b) The report submitted under this section must include: | ||
(1) the status and a description of the parenting | ||
education programs implemented and a description of the models | ||
associated with the programs; and | ||
(2) information on the number of families served by | ||
the programs, including their demographic information. | ||
(c) This section expires January 1, 2017. | ||
Sec. 265.104. REPORTS TO LEGISLATURE. (a) Not later than | ||
December 1 of each even-numbered year, the department shall prepare | ||
and submit a report on state-funded parenting education programs to | ||
the standing committees of the senate and house of representatives | ||
with jurisdiction over child protective services. | ||
(b) A report submitted under this section must include: | ||
(1) a description of the parenting education programs | ||
implemented and of the models associated with the programs; | ||
(2) information on the families served by the | ||
programs, including the number of families served and their | ||
demographic information; | ||
(3) the goals and achieved outcomes of the programs; | ||
(4) information on the cost for each family served, | ||
including any available third-party return-on-investment analysis; | ||
and | ||
(5) information explaining the percentage of money | ||
spent on evidence-based programs and on promising practice | ||
programs. | ||
Sec. 265.105. RULES. The executive commissioner of the | ||
Health and Human Services Commission may adopt rules as necessary | ||
to implement this subchapter. | ||
SECTION 8. Section 40.0523, Human Resources Code, as | ||
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
2015, is repealed. | ||
SECTION 9. The changes in law made by this Act apply only to | ||
a program provided under Chapter 265, Family Code, on or after the | ||
effective date of this Act. | ||
SECTION 10. Not later than September 1, 2016, the | ||
Department of Family and Protective Services shall adopt the | ||
initial strategic plan required by Section 265.005, Family Code, as | ||
added by this Act. | ||
SECTION 11. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2630 was passed by the House on April | ||
23, 2015, by the following vote: Yeas 136, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2630 on May 28, 2015, by the following vote: Yeas 136, Nays 5, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2630 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |