Bill Text: TX HB4049 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.

Spectrum: Partisan Bill (Republican 34-1)

Status: (Introduced - Dead) 2023-03-20 - Referred to Human Services [HB4049 Detail]

Download: Texas-2023-HB4049-Introduced.html
  88R1624 MLH-F
 
  By: Frank H.B. No. 4049
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Health and Human Services
  Commission and the transfer to the commission of certain powers and
  duties from the Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 265, Family Code, is transferred to
  Title 9, Human Resources Code, redesignated as Chapter 137, Human
  Resources Code, and amended to read as follows:
  CHAPTER 137 [265]. FAMILY SUPPORT [PREVENTION AND EARLY
  INTERVENTION] SERVICES
  SUBCHAPTER A. FAMILY SUPPORT [PREVENTION AND EARLY INTERVENTION]
  SERVICES
         Sec. 137.001 [265.001].  DEFINITIONS. In this chapter:
               (1)  "At-risk family" means a family with at least one
  child and at least one of the following:
                     (A)  a child in the family has been the subject of
  an investigation of abuse, neglect, or exploitation by the
  Department of Family and Protective Services;
                     (B)  the family is experiencing conditions that
  increase the likelihood of involvement with the child welfare
  system, the criminal justice system, or the juvenile justice
  system; or
                     (C)  the family is experiencing other conditions
  that threaten the self-sufficiency or stability of the family
  ["Department" means the Department of Family and Protective
  Services].
               (2)  "Commission" means the Health and Human Services
  Commission ["Division" means the prevention and early intervention
  services division within the department].
               (3)  "Executive commissioner" means the executive
  commissioner of the commission.
               (4)  "Family support ["Prevention and early
  intervention] services" means programs intended to provide [early]
  intervention and promote safety and stability for children and
  at-risk families [or prevent at-risk behaviors that lead to child
  abuse, delinquency, running away, truancy, and dropping out of
  school].
         Sec. 137.002 [265.002].  FAMILY SUPPORT [PREVENTION AND
  EARLY INTERVENTION] SERVICES [DIVISION]. (a) The commission
  [department] shall:
               (1)  administer contracts [operate a division] to
  provide family support services to [for] children and [in] at-risk
  [situations and for the] families;
               (2)  [of those children and to achieve the
  consolidation of prevention and early intervention services within
  the jurisdiction of a single agency in order to avoid fragmentation
  and duplication of services and to increase the accountability for
  the delivery and administration of these services. The division
  shall be called the prevention and early intervention services
  division and shall have the following duties:
               [(1)  to] plan, develop, and administer an integrated
  continuum of care system of programs providing family support
  services to at-risk families [a comprehensive and unified delivery
  system of prevention and early intervention services to children
  and their families in at-risk situations];
               (3)  administer the referral, coordination, and
  collaboration of family support services under this chapter with
  similar, existing programs the commission operates;
               (4)  [(2)  to] improve the responsiveness of family
  support services provided to [for at-risk] children and at-risk
  [their] families by facilitating greater coordination and
  flexibility in the use of funds by state and local service
  providers;
               (5)  [(3)  to] provide greater accountability for
  family support [prevention and early intervention] services in
  order to demonstrate the impact or public benefit of a program by
  adopting outcome measures; and
               (6)  [(4)  to] assist local communities in the
  coordination and development of family support [prevention and
  early intervention] services in order to maximize federal, state,
  and local resources.
         (b)  Family support services under this chapter are intended
  to:
               (1)  promote healthy outcomes and strengthen support
  systems for children and at-risk families;
               (2)  assist at-risk families in achieving
  self-sufficiency and stability;
               (3)  promote workforce participation; and
               (4)  prevent or reduce at-risk behaviors in children
  and at-risk families, including behaviors that may lead to:
                     (A)  child abuse or neglect;
                     (B)  delinquency, running away, truancy, dropping
  out of school, or substance abuse; or
                     (C)  involvement with the child welfare system,
  the juvenile justice system, or the criminal justice system [The
  department's prevention and early intervention services division
  must be organizationally separate from the department's divisions
  performing child protective services and adult protective services
  functions].
         Sec. 137.003 [265.003].  COORDINATION [CONSOLIDATION] OF
  PROGRAMS. [(a)] In order to implement the duties provided in
  Section 137.002 [265.002], the commission [department] shall
  identify and coordinate with other [consolidate into the division]
  programs the commission operates with the goal of providing family
  support services [early intervention or prevention of at-risk
  behavior that leads to child abuse, delinquency, running away,
  truancy, and dropping out of school].
         [(b)  The division may provide additional prevention and
  early intervention services in accordance with Section 265.002.
         [Sec. 265.004.  USE OF EVIDENCE-BASED PROGRAMS FOR AT-RISK
  FAMILIES. (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
  programs funded under this subsection may be 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, a children's advocacy center 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 or practices
  described by Section 265.151(b) and that the remainder of that
  money funds promising programs or practices described by Section
  265.151(c) or evidence-informed programs or practices described by
  Section 265.151(d).
         [(a-2)  The department shall actively seek and apply for any
  available federal funds to support parenting education programs
  provided under this section.
         [(b)  The department shall place priority on programs that
  target children whose race or ethnicity is disproportionately
  represented in the child protective services system.
         [(c)  The department shall periodically evaluate the
  evidence-based abuse and neglect prevention programs to determine
  the continued effectiveness of the programs.
         [Sec. 265.0041.  COLLABORATION WITH INSTITUTIONS OF HIGHER
  EDUCATION. (a) Subject to the availability of funds, the Health
  and Human Services Commission, on behalf of the department, shall
  enter into agreements with institutions of higher education to
  conduct efficacy reviews of any prevention and early intervention
  programs that have not previously been evaluated for effectiveness
  through a scientific research evaluation process.
         [(b)  Subject to the availability of funds, the department
  shall collaborate with an institution of higher education to create
  and track indicators of child well-being to determine the
  effectiveness of prevention and early intervention services.]
         Sec. 137.004 [265.005].  STRATEGIC PLAN. (a) The
  commission [department] shall develop and implement a five-year
  strategic plan for family support [prevention and early
  intervention] services. Not later than September 1 of the last
  fiscal year in each five-year period, the commission [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 to provide family support services;
               (2)  include a needs assessment that identifies
  programs to best target family support services to the needs of
  underserved [the highest risk] populations and geographic areas;
               (3)  identify [the goals and] priorities and specific
  commission actions to coordinate and provide family support
  services to children and at-risk families [for the department's
  overall prevention efforts];
               (4)  identify and report on specific outcome
  measurements by obtaining and reporting de-identified aggregate
  data, as permitted by other law, on the number of program
  participants who are:
                     (A)  involved in the child welfare system, the
  juvenile justice system, or the criminal justice system;
                     (B)  recipients of other services the commission
  offers; or
                     (C)  listed in the central registry of the names
  of individuals found to have abused or neglected a child maintained
  under Section 261.002, Family Code [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 to provide family support
  services;
               (7)  identify specific strategies to implement the plan
  and to develop measures for reporting on the overall progress
  toward the plan's goals;
               (8)  [identify strategies and goals for increasing the
  number of families receiving prevention and early intervention
  services each year, subject to the availability of funds, to reach
  targets set by the department for providing services to families
  that are eligible to receive services through parental education,
  family support, and community-based programs financed with
  federal, state, local, or private resources; and
               [(9)]  identify specific strategies to increase local
  capacity for the delivery of family support [prevention and early
  intervention] services through collaboration with communities and
  stakeholders; and
               (9)  address methods for coordinating with other
  commission programs under Section 137.003.
         (c)  The commission [department] shall coordinate with
  interested parties and communities in developing the strategic plan
  under this section.
         (d)  The commission [department] shall annually review and
  appropriately update the strategic plan developed under this
  section.
         (e)  The commission [department] shall post the strategic
  plan developed under this section and any update to the plan on its
  Internet website.
         [Sec. 265.006.  PROHIBITION ON USE OF AGENCY NAME OR LOGO.
  The department may not allow the use of the department's name or
  identifying logo or insignia on forms or other materials related to
  the department's prevention and early intervention services that
  are:
               [(1)  provided by the department's contractors; or
               [(2)  distributed by the department's contractors to
  the department's clients.
         [Sec. 265.007.  IMPROVING PROVISION OF PREVENTION AND EARLY
  INTERVENTION SERVICES. (a) To improve the effectiveness and
  delivery of prevention and early intervention services, the
  department shall:
               [(1)  identify geographic areas that have a high need
  for prevention and early intervention services but do not have
  prevention and early intervention services available in the area or
  have only unevaluated prevention and early intervention services
  available in the area; and
               [(2)  develop strategies for community partners to:
                     [(A)  improve the early recognition of child abuse
  or neglect;
                     [(B)  improve the reporting of child abuse and
  neglect; and
                     [(C)  reduce child fatalities.
         [(b)  The department may not use data gathered under this
  section to identify a specific family or individual.
         [Sec. 265.008.  EVALUATION OF PREVENTION AND EARLY
  INTERVENTION SERVICES. (a) The department may enter into
  agreements with institutions of higher education to conduct
  efficacy reviews of any prevention and early intervention services
  provided under this chapter that have not previously been evaluated
  for effectiveness in a research evaluation. The efficacy review
  shall include, when possible, a cost-benefit analysis of the
  program to the state and, when applicable, the return on investment
  of the program to the state.
         [(b)  The department may not enter into an agreement to
  conduct a program efficacy evaluation under this section unless:
               [(1)  the agreement with the institution of higher
  education is cost neutral; and
               [(2)  the department and institution of higher
  education conducting the evaluation under this section protect the
  identity of individuals who are receiving services from the
  department that are being evaluated.]
  SUBCHAPTER B. FAMILY SUPPORT SERVICES PROGRAMS FOR CHILD ABUSE AND
  NEGLECT [PRIMARY] PREVENTION [PROGRAMS]
         Sec. 137.051 [265.051].  DEFINITIONS. In this subchapter:
               (1)  "Child abuse and neglect prevention" means family
  support services designed to prevent child abuse and neglect before
  the abuse or neglect occurs. The term includes infant mortality
  prevention education programs.
               (2)  "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 commission's
  [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 commission's child abuse
  and neglect prevention trust fund account.
         Sec. 137.052 [265.052].  CHILD ABUSE AND NEGLECT [PRIMARY]
  PREVENTION PROGRAMS. (a) The commission [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 family support services and 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
  commission's [department's] existing rules and policies in
  procuring, awarding, and monitoring contracts and grants.
         (c)  The commission [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. 137.053 [265.053].  ADMINISTRATIVE AND OTHER COSTS.
  (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. 137.054 [265.054].  CHILD ABUSE AND NEGLECT PREVENTION
  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 and family support services programs.
         (b)  The commission [department] may transfer money
  contained in the trust fund to the operating fund at any time.
  However, during a fiscal year the commission [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 child abuse and neglect [primary] prevention
  programs and family support services programs.
         Sec. 137.055 [265.055].  COMMISSION [DEPARTMENT] OPERATING
  FUND ACCOUNT. (a) The operating fund is an account in the general
  revenue fund.
         (b)  Administrative and other costs allowed in Section
  137.053 [265.053] shall be taken from the operating fund. The
  commission [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.  CONTRIBUTIONS. (a) The department 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.]
         Sec. 137.056 [265.057].  COMMUNITY YOUTH DEVELOPMENT
  GRANTS. (a) Subject to available funding, the commission
  [department] shall award community youth development grants to
  communities identified by incidence of crime. The commission
  [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.
  SUBCHAPTER C. NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM
         Sec. 137.101 [265.101].  DEFINITIONS. In this subchapter:
               (1)  "Competitive grant program" means the
  nurse-family partnership competitive grant program established
  under this subchapter.
               (2)  "Partnership program" means a nurse-family
  partnership program.
         Sec. 137.102 [265.102].  OPERATION OF NURSE-FAMILY
  PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The commission
  [department] shall operate a nurse-family partnership competitive
  grant program for [through which] the commission to [department
  will] award grants for the implementation of nurse-family
  partnership programs, or the expansion of existing programs, and
  for the operation of those programs for a period of not less than
  two years.
         (b)  The commission [department] shall award grants under
  the program to applicants, including applicants operating existing
  programs, in a manner that ensures that the partnership programs
  collectively[:
               [(1)]  operate in multiple communities that are
  geographically distributed throughout this state[; and
               [(2)  provide program services to approximately 2,000
  families].
         Sec. 137.103 [265.103].  PARTNERSHIP PROGRAM REQUIREMENTS.
  A partnership program funded through a grant awarded under this
  subchapter must:
               (1)  strictly adhere to the program model developed by
  the Nurse-Family Partnership National Service Office, including
  any clinical, programmatic, and data collection requirements of
  that model;
               (2)  require that registered nurses regularly visit the
  homes of low-income, first-time mothers participating in the
  program to provide services designed to:
                     (A)  improve pregnancy outcomes;
                     (B)  improve child health and development;
                     (C)  improve family economic self-sufficiency and
  stability; [and]
                     (D)  reduce the incidence of child abuse and
  neglect;
                     (E)  increase workforce participation; and
                     (F)  reduce reliance on state and federal public
  assistance programs;
               (3)  require that nurses who provide services through
  the program:
                     (A)  receive training from the office of the
  attorney general at least once each year on procedures by which a
  person may voluntarily acknowledge the paternity of a child and on
  the availability of child support services from the office;
                     (B)  provide a mother with information about the
  rights, responsibilities, and benefits of establishing the
  paternity of her child, if appropriate;
                     (C)  provide assistance to a mother and the
  alleged father of her child if the mother and alleged father seek to
  voluntarily acknowledge paternity of the child, if appropriate; and
                     (D)  provide information to a mother about the
  availability of child support services from the office of the
  attorney general; and
               (4)  require that the regular nurse visits described by
  Subdivision (2) begin not later than a mother's 28th week of
  gestation and end when her child reaches two years of age.
         Sec. 137.104 [265.104].  APPLICATION. (a) A public or
  private entity, including a county, municipality, or other
  political subdivision of this state, may apply for a grant under
  this subchapter.
         (b)  To apply for a grant, an applicant must submit a written
  application to the commission [department] on a form prescribed by
  the commission [department] in consultation with the Nurse-Family
  Partnership National Service Office.
         (c)  The application [prescribed by the department] must:
               (1)  require the applicant to provide data on the
  number of low-income, first-time mothers residing in the community
  in which the applicant proposes to operate or expand a partnership
  program and provide a description of existing services available to
  those mothers;
               (2)  describe the ongoing monitoring and evaluation
  process to which a grant recipient is subject under Section 137.107
  [265.109], including the recipient's obligation to collect and
  provide information requested by the commission [department] under
  Section 137.107(c) [265.109(c)]; and
               (3)  require the applicant to provide other relevant
  information as determined by the commission [department].
         [Sec. 265.105.  ADDITIONAL CONSIDERATIONS IN AWARDING
  GRANTS. In addition to the factors described by Sections
  265.102(b) and 265.103, in determining whether to award a grant to
  an applicant under this subchapter, the department shall consider:
               [(1)  the demonstrated need for a partnership program
  in the community in which the applicant proposes to operate or
  expand the program, which may be determined by considering:
                     [(A)  the poverty rate, the crime rate, the number
  of births to Medicaid recipients, the rate of poor birth outcomes,
  and the incidence of child abuse and neglect during a prescribed
  period in the community; and
                     [(B)  the need to enhance school readiness in the
  community;
               [(2)  the applicant's ability to participate in ongoing
  monitoring and performance evaluations under Section 265.109,
  including the applicant's ability to collect and provide
  information requested by the department under Section 265.109(c);
               [(3)  the applicant's ability to adhere to the
  partnership program standards adopted under Section 265.106;
               [(4)  the applicant's ability to develop broad-based
  community support for implementing or expanding a partnership
  program, as applicable; and
               [(5)  the applicant's history of developing and
  sustaining innovative, high-quality programs that meet the needs of
  families and communities.]
         Sec. 137.105 [265.106].  PARTNERSHIP PROGRAM STANDARDS.
  The executive commissioner[, with the assistance of the
  Nurse-Family Partnership National Service Office,] shall adopt
  standards for the partnership programs funded under this
  subchapter. The standards must be consistent with [adhere to] the
  Nurse-Family Partnership National Service Office program model
  standards and guidelines that were developed in multiple,
  randomized clinical trials and have been tested and replicated in
  multiple communities.
         Sec. 137.106 [265.107].  USE OF AWARDED GRANT FUNDS. The
  grant funds awarded under this subchapter may be used only to cover
  costs related to implementing or expanding and operating a
  partnership program, including costs related to:
               (1)  administering the program;
               (2)  training and managing registered nurses who
  participate in the program;
               (3)  paying the salaries and expenses of registered
  nurses who participate in the program;
               (4)  paying for facilities and equipment for the
  program; and
               (5)  paying for services provided by the Nurse-Family
  Partnership National Service Office to ensure a grant recipient
  adheres to the organization's program model.
         [Sec. 265.108.  STATE NURSE CONSULTANT. Using money
  appropriated for the competitive grant program, the department
  shall hire or contract with a state nurse consultant to assist grant
  recipients with implementing or expanding and operating the
  partnership programs in the applicable communities.]
         Sec. 137.107 [265.109].  PROGRAM MONITORING AND EVALUATION;
  ANNUAL COMMITTEE REPORTS. (a) The commission [department, with
  the assistance of the Nurse-Family Partnership National Service
  Office,] shall:
               (1)  adopt performance indicators that are designed to
  measure a grant recipient's performance with respect to the
  partnership program standards adopted by the commissioner under
  Section 137.105 [265.106];
               (2)  use the performance indicators to continuously
  monitor and formally evaluate on an annual basis the performance of
  each grant recipient; and
               (3)  prepare and submit an annual report, not later
  than December 1 of each year, to the Senate Health and Human
  Services Committee, or its successor, and the House Human Services
  Committee, or its successor, regarding the performance of each
  grant recipient during the preceding state fiscal year with respect
  to providing partnership program services.
         (b)  The report required under Subsection (a)(3) must
  include:
               (1)  the number of:
                     (A)  low-income, first-time mothers to whom each
  grant recipient provided partnership program services and, of that
  number, the number of mothers who established the paternity of an
  alleged father as a result of services provided under the program;
                     (B)  mothers who married the father or reside in
  the same household with the father;
                     (C)  mothers who have previous involvement with
  the child welfare system, the criminal justice system, or the
  juvenile justice system; and
                     (D)  mothers who receive other services from the
  commission;
               (2)  the extent to which each grant recipient made
  regular visits to mothers during the period described by Section
  137.103(4) [265.103(4)]; and
               (3)  the extent to which each grant recipient adhered
  to the Nurse-Family Partnership National Service Office's program
  model, including the extent to which registered nurses:
                     (A)  conducted home visitations comparable in
  frequency, duration, and content to those delivered in Nurse-Family
  Partnership National Service Office clinical trials; and
                     (B)  assessed the health and well-being of mothers
  and children participating in the partnership programs in
  accordance with indicators of maternal, child, and family health
  defined by the [department in consultation with the] Nurse-Family
  Partnership National Service Office and required by the commission.
         (c)  On request, each grant recipient shall timely collect
  and provide data and any other information required by the
  commission [department] to monitor and evaluate the recipient or to
  prepare the report required by this section.
         Sec. 137.108 [265.110].  COMPETITIVE GRANT PROGRAM FUNDING.
  (a) The commission [department] shall actively seek and apply for
  any available federal funds, including federal Medicaid and
  Temporary Assistance for Needy Families (TANF) funds, to assist in
  financing the competitive grant program established under this
  subchapter.
         (b)  The commission [department] may use appropriated funds
  from the state government and may accept gifts, donations, and
  grants of money from the federal government, local governments,
  private corporations, or other persons to assist in financing the
  competitive grant program.
  SUBCHAPTER D. EVIDENCE-BASED PROGRAMS AND PRACTICES
         Sec. 137.151 [265.151].  REQUIREMENTS FOR PROGRAMS AND
  PRACTICES ON EVIDENCE-BASED SPECTRUM. (a) [(b)] An evidence-based
  program or practice is a program or practice 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 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 or practice
  manual or design that specifies the purpose, outcomes, duration,
  and frequency of the program or practice services;
               (6)  employs well-trained and competent staff and
  provides continual relevant professional development opportunities
  to the staff; and
               (7)  is associated with an organization in this state,
  a national organization, an institution of higher education, or a
  national or state public health institute.
         (b) [(c)]  A promising program or practice is a program or
  practice that:
               (1)  has an active impact evaluation of the program or
  practice or demonstrates a schedule for implementing an active
  impact evaluation of the program or practice;
               (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 or practice
  manual or design that specifies the purpose, outcomes, duration,
  and frequency of the program or practice 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- or practice-determined outcomes.
         (c) [(d)]  An evidence-informed program or practice is a
  program or practice that:
               (1)  combines well-researched interventions with
  clinical experience and ethics, and client preferences and culture,
  to guide and inform the delivery of treatments and services;
               (2)  has an active impact evaluation of the program or
  practice or demonstrates a schedule for implementing an active
  impact evaluation of the program or practice;
               (3)  substantially complies with a program or practice
  manual or design that specifies the purpose, outcome, duration, and
  frequency of the program or practice services; and
               (4)  employs well-trained and competent staff and
  provides continual relevant professional development opportunities
  to the staff.
         Sec. 137.152 [265.152].  OUTCOMES OF EVIDENCE-BASED FAMILY
  SUPPORT SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND
  PRACTICES. The commission [department] shall ensure that a family
  support services [prevention and early intervention] program or
  practice provided under this subchapter achieves favorable
  behavioral outcomes in at least two of the following areas:
               (1)  improved cognitive development of children;
               (2)  increased readiness for and participation and
  performance in school;
               (3)  reduced child abuse, neglect, and injury;
               (4)  improved child safety;
               (5)  improved social-emotional development of children
  and youth;
               (6)  increased protective factors, including
  nurturing, bonding, and other parenting skills;
               (7)  improved family economic self-sufficiency;
               (8)  reduced parental or youth involvement with the
  criminal justice system; and
               (9)  increased paternal involvement and support.
         Sec. 137.153 [265.153].  EVALUATION OF FAMILY SUPPORT
  SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND
  PRACTICES. (a) The commission [department] shall adopt outcome
  indicators to measure the effectiveness of family support services
  [prevention and early intervention] programs and practices
  provided under this subchapter in achieving desired outcomes.
         (b)  The commission [department] may work directly with the
  model developer of a family support services [prevention and early
  intervention] program or practice to identify appropriate outcome
  indicators for the program or practice and to ensure that the
  program or practice substantially complies with the model.
         (c)  The commission [department] shall develop internal
  processes to share information with family support services
  [prevention and early intervention service] providers to assist the
  commission [department] in analyzing the performance of the
  programs or practices.
         (d)  The commission [department] shall use information
  obtained under this section to:
               (1)  monitor family support services [prevention and
  early intervention] programs and practices;
               (2)  continually improve the quality of the programs
  and practices; and
               (3)  evaluate the effectiveness of the programs and
  practices.
         [Sec. 265.154.  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 prevention and early
  intervention programs and practices 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 prevention and early
  intervention programs and practices implemented and of the models
  associated with the programs and practices;
               [(2)  information on the families served by the
  programs and practices, including the number of families served and
  their demographic information;
               [(3)  the goals and achieved outcomes of the
  implemented programs and practices;
               [(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 practices, on promising
  programs and practices, and on evidence-informed programs and
  practices.]
         Sec. 137.154  [265.155].  RULES. The executive
  commissioner [of the department] may adopt rules as necessary to
  implement this subchapter.
         SECTION 2.  Section 261.002, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The department shall provide the Health and Human
  Services Commission with access to the central registry as
  necessary for the commission to perform its duties under Section
  137.004, Human Resources Code.
         SECTION 3.  Section 40.0025(b), Human Resources Code, is
  amended to read as follows:
         (b)  In accordance with Subchapter A-1, Chapter 531,
  Government Code, and notwithstanding any other law, the department
  performs only functions, including the statewide intake of reports
  and other information, related to the following services:
               (1)  child protective services, including services
  that are required by federal law to be provided by this state's
  child welfare agency;
               (2)  adult protective services, other than
  investigations of the alleged abuse, neglect, or exploitation of an
  elderly person or person with a disability:
                     (A)  in a facility operated, or in a facility or by
  a person licensed, certified, or registered, by a state agency; or
                     (B)  by a provider that has contracted to provide
  home and community-based services; and
               (3)  family support [prevention and early
  intervention] services functions, including:
                     (A)  family support [prevention and early
  intervention] services as defined under Section 137.001 [265.001,
  Family Code]; and
                     (B)  programs that:
                           (i)  provide parent education;
                           (ii)  promote healthier parent-child
  relationships; or
                           (iii)  prevent family violence.
         SECTION 4.  Subtitle B, Title 2, Health and Safety Code, is
  amended by adding Chapter 54 to read as follows:
  CHAPTER 54. TEXAS PREGNANCY AND PARENTING SUPPORT NETWORK
         Sec. 54.001.  DEFINITIONS. In this chapter:
               (1)  "Abortion" has the meaning assigned by Section
  245.002.
               (2)  "Network contractor" means a person who contracts
  with the commission to provide or coordinate the provision of
  services under this chapter.
         Sec. 54.002.  ESTABLISHMENT. (a) The commission shall
  establish the Texas Pregnancy and Parenting Support Network to:
               (1)  promote healthy pregnancy and childbirth;
               (2)  increase access to resources that promote family
  and child development;
               (3)  encourage family formation; and
               (4)  increase the number of families who achieve
  economic self-sufficiency.
         (b)  The commission shall establish a statewide network of
  service providers, including pregnancy support centers, adoption
  assistance providers, and maternity homes, to provide the services
  described by Section 54.003. The commission may contract with the
  service providers to provide the services in accordance with this
  chapter.
         Sec. 54.003.  SERVICES. (a) Using the statewide network of
  service providers established under Section 54.002, the commission
  shall ensure that services described by this chapter are available
  throughout this state.
         (b)  Services provided through the network include:
               (1)  counseling and mentoring on pregnancy, education,
  parenting skills, adoption services, life skills, and employment
  readiness topics;
               (2)  care coordination for prenatal services,
  including connecting participants to health services provided
  through the network;
               (3)  educational materials and information about
  pregnancy, parenting, and adoption services;
               (4)  referrals to governmental and social service
  programs, including child care, transportation, housing, and state
  and federal benefit programs;
               (5)  classes on life skills, personal finance,
  parenthood, stress management, job training, job readiness, job
  placement, and educational attainment;
               (6)  provision of supplies for infant care and
  pregnancy, including car seats, cribs, maternity clothes, infant
  diapers, and formula; and
               (7)  housing and support services in maternity homes.
         (c)  The commission or network contractors may not provide
  family planning services through the network.
         Sec. 54.004.  ELIGIBILITY. Network services are available
  to a resident of this state who is:
               (1)  a pregnant woman;
               (2)  the biological father of an unborn child;
               (3)  the biological parent of a child who is 36 months
  of age or younger;
               (4)  an adoptive parent of a child who is 36 months of
  age or younger;
               (5)  an approved adoptive parent of an unborn child;
               (6)  a former participant who has experienced the loss
  of a child;
               (7)  a parent or legal guardian of a pregnant minor who
  is a network client;
               (8)  a network client who is the parent, legal
  guardian, or adult caregiver of a child who is 36 months of age or
  younger; and
               (9)  a parent who experienced a miscarriage or loss of a
  child not more than 90 days before the parent begins participation
  in the services offered through the network.
         Sec. 54.005.  PROVISION OF SERVICES. The commission and its
  network contractors shall contract with service providers to assess
  the needs of the participants and implement a plan to provide
  services to address the participants' most critical needs.
         Sec. 54.006.  PERFORMANCE OUTCOMES. (a) The commission and
  its network contractors may contract only with service providers
  whose performance outcomes include:
               (1)  improving healthy pregnancy and childbirth
  outcomes;
               (2)  improving child health and psychological
  development;
               (3)  assisting families in achieving economic
  self-sufficiency and stability;
               (4)  increasing workforce participation;
               (5)  reducing reliance on state and federal public
  assistance programs; and
               (6)  promoting marriage and family formation for
  participating parents.
         (b)  The commission shall identify indicators to measure the
  performance outcomes under Subsection (a) and require periodic
  reporting on the outcomes by network contractors and participating
  service providers.
         Sec. 54.007.  IMPACT EVALUATION. (a) The commission shall
  periodically conduct impact evaluations to measure the effects of
  services on participants receiving services through the network and
  to report on measured performance outcomes.
         (b)  The commission shall contract with an external third
  party to perform impact evaluations under this chapter.
         (c)  The commission shall coordinate with network
  contractors in selecting the impact evaluator. The evaluator must
  have a demonstrated history in evaluating social services programs
  using an integrated holistic impact approach and data modeling.
         (d)  The commission may not use more than three percent of
  funding allocated to the network to procure the services of an
  evaluator under this section.
         (e)  The commission may not enter into an interagency
  agreement to conduct an evaluation under this section.
         Sec. 54.008.  REPORTS; AUDITS. (a) The commission shall
  compile reports provided by network contractors and service
  providers under Section 54.006 and audit a sampling of the reports
  to ensure validity.
         (b)  The commission shall annually issue a report that
  includes:
               (1)  the total number of network contractors and
  service providers, sorted by geographical region served;
               (2)  the total number of individuals served by each
  provider, sorted by age and sex;
               (3)  the total amount of expenditures, sorted by method
  of finance;
               (4)  the value of the contracts with each network
  contractor and service provider;
               (5)  any outcome measures reported to the commission by
  network contractors and service providers;
               (6)  any performance outcomes reported to the
  commission under Section 54.006; and
               (7)  the results of any impact evaluation conducted
  under Section 54.007.
         Sec. 54.009.  RULES. (a) The executive commissioner may
  adopt rules to implement this chapter.
         (b)  The executive commissioner may not adopt a rule that
  violates Chapter 110, Civil Practice and Remedies Code, or Chapter
  45, Human Resources Code.
         Sec. 54.010.  FUNDING. (a) The commission shall, to the
  greatest extent possible, seek federal, governmental, and private
  funding to supplement and match funding provided through the
  network.
         (b)  The commission or a service provider may not:
               (1)  use funding provided through the network to
  perform, induce, assist, or refer an abortion; or
               (2)  grant funds to an abortion provider or an
  affiliate of an abortion provider.
         SECTION 5.  Section 118.022(b), Local Government Code, is
  amended to read as follows:
         (b)  The comptroller shall deposit the money received under
  Subsection (a)(1) to the credit of the child abuse and neglect
  prevention trust fund account established under Section 137.054
  [40.105], Human Resources Code.
         SECTION 6.  (a) On September 1, 2024, all powers, duties,
  functions, programs, employees, administrative support services,
  contracts, property, records, and other resources necessary to
  comply with this Act are transferred from the Department of Family
  and Protective Services to the Health and Human Services
  Commission, including the operating fund and trust fund under
  Subchapter B, Chapter 137, Human Resources Code, as amended by this
  Act.
         (b)  The Health and Human Services Commission shall, not
  later than September 1, 2025, develop and implement its initial
  five-year strategic plan under Section 137.004, Human Resources
  Code, as amended by this Act. The initial plan must additionally
  include plans to develop and implement the system of family support
  programs under Section 137.002(a)(2), Human Resources Code, as
  amended by this Act.
         SECTION 7.  This Act takes effect September 1, 2023.
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