Bill Text: TX HB6 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the administration of services provided by the Department of Family and Protective Services, including foster care, child protective services, and prevention and early intervention services.
Spectrum: Partisan Bill (Republican 21-1)
Status: (Introduced - Dead) 2017-05-11 - Postponed [HB6 Detail]
Download: Texas-2017-HB6-Comm_Sub.html
85R25382 MK-D | |||
By: Frank, Raymond, Klick, Dale, et al. | H.B. No. 6 | ||
Substitute the following for H.B. No. 6: | |||
By: Frank | C.S.H.B. No. 6 |
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relating to the administration of services provided by the | ||
Department of Family and Protective Services, including foster | ||
care, child protective services, and prevention and early | ||
intervention services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 71.004, Family Code, is amended to read | ||
as follows: | ||
Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: | ||
(1) an act by a member of a family or household against | ||
another member of the family or household that is intended to result | ||
in physical harm, bodily injury, assault, or sexual assault or that | ||
is a threat that reasonably places the member in fear of imminent | ||
physical harm, bodily injury, assault, or sexual assault, but does | ||
not include defensive measures to protect oneself; | ||
(2) abuse, as that term is defined by Sections | ||
261.001(1)(C), (E), (G), (H), (I), (J), [ |
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member of a family or household toward a child of the family or | ||
household; or | ||
(3) dating violence, as that term is defined by | ||
Section 71.0021. | ||
SECTION 2. Section 162.005, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The department shall ensure that each licensed | ||
child-placing agency, single source continuum contractor, or other | ||
person placing a child for adoption receives a copy of any portion | ||
of the report prepared by the department. | ||
SECTION 3. Section 162.0062, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) If a child is placed with a prospective adoptive | ||
parent prior to adoption, the prospective adoptive parent is | ||
entitled to examine any record or other information relating to the | ||
child's health history, including the portion of the report | ||
prepared under Section 162.005 for the child that relates to the | ||
child's health. The department, licensed child-placing agency, | ||
single source continuum contractor, or other person placing a child | ||
for adoption shall inform the prospective adoptive parent of the | ||
prospective adoptive parent's right to examine the records and | ||
other information relating to the child's health history. The | ||
department, licensed child-placing agency, single source continuum | ||
contractor, or other person placing the child for adoption shall | ||
edit the records and information to protect the identity of the | ||
biological parents and any other person whose identity is | ||
confidential. | ||
SECTION 4. Section 162.007, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (g) to read as | ||
follows: | ||
(a) The health history of the child must include information | ||
about: | ||
(1) the child's health status at the time of placement; | ||
(2) the child's birth, neonatal, and other medical, | ||
psychological, psychiatric, and dental history information, | ||
including to the extent known by the department: | ||
(A) whether the child's birth mother consumed | ||
alcohol during pregnancy; and | ||
(B) whether the child has been diagnosed with | ||
fetal alcohol spectrum disorder; | ||
(3) a record of immunizations for the child; and | ||
(4) the available results of medical, psychological, | ||
psychiatric, and dental examinations of the child. | ||
(g) In this section, "fetal alcohol spectrum disorder" | ||
means any of a group of conditions that can occur in a person whose | ||
mother consumed alcohol during pregnancy. | ||
SECTION 5. Section 261.001, Family Code, is amended by | ||
amending Subdivisions (1), (4), and (5) and adding Subdivision (3) | ||
to read as follows: | ||
(1) "Abuse" includes the following acts or omissions | ||
by a person: | ||
(A) mental or emotional injury to a child that | ||
results in an observable and material impairment in the child's | ||
growth, development, or psychological functioning; | ||
(B) causing or permitting the child to be in a | ||
situation in which the child sustains a mental or emotional injury | ||
that results in an observable and material impairment in the | ||
child's growth, development, or psychological functioning; | ||
(C) physical injury that results in substantial | ||
harm to the child, or the genuine threat of substantial harm from | ||
physical injury to the child, including an injury that is at | ||
variance with the history or explanation given and excluding an | ||
accident or reasonable discipline by a parent, guardian, or | ||
managing or possessory conservator that does not expose the child | ||
to a substantial risk of harm; | ||
(D) failure to make a reasonable effort to | ||
prevent an action by another person that results in physical injury | ||
that results in substantial harm to the child; | ||
(E) sexual conduct harmful to a child's mental, | ||
emotional, or physical welfare, including conduct that constitutes | ||
the offense of continuous sexual abuse of young child or children | ||
under Section 21.02, Penal Code, indecency with a child under | ||
Section 21.11, Penal Code, sexual assault under Section 22.011, | ||
Penal Code, or aggravated sexual assault under Section 22.021, | ||
Penal Code; | ||
(F) failure to make a reasonable effort to | ||
prevent sexual conduct harmful to a child; | ||
(G) compelling or encouraging the child to engage | ||
in sexual conduct as defined by Section 43.01, Penal Code, | ||
including compelling or encouraging the child in a manner that | ||
constitutes an offense of trafficking of persons under Section | ||
20A.02(a)(7) or (8), Penal Code, prostitution under Section | ||
43.02(b), Penal Code, or compelling prostitution under Section | ||
43.05(a)(2), Penal Code; | ||
(H) causing, permitting, encouraging, engaging | ||
in, or allowing the photographing, filming, or depicting of the | ||
child if the person knew or should have known that the resulting | ||
photograph, film, or depiction of the child is obscene as defined by | ||
Section 43.21, Penal Code, or pornographic; | ||
(I) the current use by a person of a controlled | ||
substance as defined by Chapter 481, Health and Safety Code, in a | ||
manner or to the extent that the use results in physical, mental, or | ||
emotional injury to a child; | ||
(J) causing, expressly permitting, or | ||
encouraging a child to use a controlled substance as defined by | ||
Chapter 481, Health and Safety Code; | ||
(K) causing, permitting, encouraging, engaging | ||
in, or allowing a sexual performance by a child as defined by | ||
Section 43.25, Penal Code; [ |
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(L) knowingly causing, permitting, encouraging, | ||
engaging in, or allowing a child to be trafficked in a manner | ||
punishable as an offense under Section 20A.02(a)(5), (6), (7), or | ||
(8), Penal Code, or the failure to make a reasonable effort to | ||
prevent a child from being trafficked in a manner punishable as an | ||
offense under any of those sections; or | ||
(M) forcing or coercing a child to enter into a | ||
marriage. | ||
(3) "Exploitation" means the illegal or improper use | ||
of a child or of the resources of a child for monetary or personal | ||
benefit, profit, or gain by an employee, volunteer, or other | ||
individual working under the auspices of a facility or program as | ||
further described by rule or policy. | ||
(4) "Neglect": | ||
(A) includes: | ||
(i) the leaving of a child in a situation | ||
where the child would be exposed to a substantial risk of physical | ||
or mental harm, without arranging for necessary care for the child, | ||
and the demonstration of an intent not to return by a parent, | ||
guardian, or managing or possessory conservator of the child; | ||
(ii) the following acts or omissions by a | ||
person: | ||
(a) placing a child in or failing to | ||
remove a child from a situation that a reasonable person would | ||
realize requires judgment or actions beyond the child's level of | ||
maturity, physical condition, or mental abilities and that results | ||
in bodily injury or a substantial risk of immediate harm to the | ||
child; | ||
(b) failing to seek, obtain, or follow | ||
through with medical care for a child, with the failure resulting in | ||
or presenting a substantial risk of death, disfigurement, or bodily | ||
injury or with the failure resulting in an observable and material | ||
impairment to the growth, development, or functioning of the child; | ||
(c) the failure to provide a child | ||
with food, clothing, or shelter necessary to sustain the life or | ||
health of the child, excluding failure caused primarily by | ||
financial inability unless relief services had been offered and | ||
refused; | ||
(d) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to a substantial risk of sexual conduct harmful to the | ||
child; or | ||
(e) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to acts or omissions that constitute abuse under | ||
Subdivision (1)(E), (F), (G), (H), or (K) committed against another | ||
child; [ |
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(iii) the failure by the person responsible | ||
for a child's care, custody, or welfare to permit the child to | ||
return to the child's home without arranging for the necessary care | ||
for the child after the child has been absent from the home for any | ||
reason, including having been in residential placement or having | ||
run away; or | ||
(iv) a negligent act or omission by an | ||
employee, volunteer, or other individual working under the auspices | ||
of a facility or program, including failure to comply with an | ||
individual treatment plan, plan of care, or individualized service | ||
plan, that causes or may cause substantial emotional harm or | ||
physical injury to, or the death of, a child served by the facility | ||
or program as further described by rule or policy; and | ||
(B) does not include the refusal by a person | ||
responsible for a child's care, custody, or welfare to permit the | ||
child to remain in or return to the child's home resulting in the | ||
placement of the child in the conservatorship of the department if: | ||
(i) the child has a severe emotional | ||
disturbance; | ||
(ii) the person's refusal is based solely on | ||
the person's inability to obtain mental health services necessary | ||
to protect the safety and well-being of the child; and | ||
(iii) the person has exhausted all | ||
reasonable means available to the person to obtain the mental | ||
health services described by Subparagraph (ii). | ||
(5) "Person responsible for a child's care, custody, | ||
or welfare" means a person who traditionally is responsible for a | ||
child's care, custody, or welfare, including: | ||
(A) a parent, guardian, managing or possessory | ||
conservator, or foster parent of the child; | ||
(B) a member of the child's family or household | ||
as defined by Chapter 71; | ||
(C) a person with whom the child's parent | ||
cohabits; | ||
(D) school personnel or a volunteer at the | ||
child's school; [ |
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(E) personnel or a volunteer at a public or | ||
private child-care facility that provides services for the child or | ||
at a public or private residential institution or facility where | ||
the child resides; or | ||
(F) an employee, volunteer, or other person | ||
working under the supervision of a licensed or unlicensed | ||
child-care facility, including a family home, residential | ||
child-care facility, employer-based day-care facility, or shelter | ||
day-care facility, as those terms are defined in Chapter 42, Human | ||
Resources Code. | ||
SECTION 6. Subchapter A, Chapter 261, Family Code, is | ||
amended by adding Section 261.004 to read as follows: | ||
Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR | ||
NEGLECT REPORTS. (a) The department shall collect and monitor | ||
data regarding repeated reports of abuse or neglect: | ||
(1) involving the same child, including reports of | ||
abuse or neglect of the child made while the child resided in other | ||
households and reports of abuse or neglect of the child by different | ||
alleged perpetrators made while the child resided in the same | ||
household; or | ||
(2) by the same alleged perpetrator. | ||
(a-1) In monitoring reports of abuse or neglect under | ||
Subsection (a), the department shall group together separate | ||
reports involving differing children residing in the same | ||
household. | ||
(b) The department shall consider any report collected | ||
under Subsection (a) involving any child or adult who is a part of a | ||
child's household when making case priority determinations or when | ||
conducting service or safety planning for the child or the child's | ||
family. | ||
SECTION 7. Section 261.101(b), Family Code, is amended to | ||
read as follows: | ||
(b) If a professional has cause to believe that a child has | ||
been abused or neglected or may be abused or neglected, or that a | ||
child is a victim of an offense under Section 21.11, Penal Code, and | ||
the professional has cause to believe that the child has been abused | ||
as defined by Section 261.001 [ |
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make a report not later than the 48th hour after the hour the | ||
professional first suspects that the child has been or may be abused | ||
or neglected or is a victim of an offense under Section 21.11, Penal | ||
Code. A professional may not delegate to or rely on another person | ||
to make the report. In this subsection, "professional" means an | ||
individual who is licensed or certified by the state or who is an | ||
employee of a facility licensed, certified, or operated by the | ||
state and who, in the normal course of official duties or duties for | ||
which a license or certification is required, has direct contact | ||
with children. The term includes teachers, nurses, doctors, | ||
day-care employees, employees of a clinic or health care facility | ||
that provides reproductive services, juvenile probation officers, | ||
and juvenile detention or correctional officers. | ||
SECTION 8. Section 263.401, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; | ||
EXTENSION. (a) Unless the court has commenced the trial on the | ||
merits or granted an extension under Subsection (b) or (b-1), on the | ||
first Monday after the first anniversary of the date the court | ||
rendered a temporary order appointing the department as temporary | ||
managing conservator, the court's jurisdiction over [ |
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the department that requests termination of the parent-child | ||
relationship or requests that the department be named conservator | ||
of the child is terminated and the suit is automatically dismissed | ||
without a court order. | ||
(b) Unless the court has commenced the trial on the merits, | ||
the court may not retain the suit on the court's docket after the | ||
time described by Subsection (a) unless the court finds that | ||
extraordinary circumstances necessitate the child remaining in the | ||
temporary managing conservatorship of the department and that | ||
continuing the appointment of the department as temporary managing | ||
conservator is in the best interest of the child. If the court | ||
makes those findings, the court may retain the suit on the court's | ||
docket for a period not to exceed 180 days after the time described | ||
by Subsection (a). If the court retains the suit on the court's | ||
docket, the court shall render an order in which the court: | ||
(1) schedules the new date on which the suit will be | ||
automatically dismissed if the trial on the merits has not | ||
commenced, which date must be not later than the 180th day after the | ||
time described by Subsection (a); | ||
(2) makes further temporary orders for the safety and | ||
welfare of the child as necessary to avoid further delay in | ||
resolving the suit; and | ||
(3) sets the trial on the merits on a date not later | ||
than the date specified under Subdivision (1). | ||
(b-1) If, after commencement of the initial trial on the | ||
merits within the time required by Subsection (a) or (b), the court | ||
grants a motion for a new trial or mistrial, or the case is remanded | ||
to the court by an appellate court following an appeal of the | ||
court's final order, the court shall retain the suit on the court's | ||
docket and render an order in which the court: | ||
(1) schedules a new date on which the suit will be | ||
automatically dismissed if the new trial has not commenced, which | ||
must be a date not later than the 180th day after the date on which: | ||
(A) the motion for a new trial or mistrial is | ||
granted; or | ||
(B) the appellate court remanded the case; | ||
(2) makes further temporary orders for the safety and | ||
welfare of the child as necessary to avoid further delay in | ||
resolving the suit; and | ||
(3) sets the new trial on the merits for a date not | ||
later than the date specified under Subdivision (1). | ||
(c) If the court grants an extension under Subsection (b) or | ||
(b-1) but does not commence the trial on the merits before the | ||
dismissal date, the court's jurisdiction over [ |
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the suit is terminated and the suit is automatically dismissed | ||
without a court order. The court may not grant an additional | ||
extension that extends the suit beyond the required date for | ||
dismissal under Subsection (b) or (b-1), as applicable. | ||
SECTION 9. Section 264.018, Family Code, is amended by | ||
adding Subsections (d-1) and (d-2) to read as follows: | ||
(d-1) Except as provided by Subsection (d-2), as soon as | ||
possible but not later than 24 hours after a change in placement of | ||
a child in the conservatorship of the department, the department | ||
shall give notice of the placement change to the managed care | ||
organization that contracts with the commission to provide health | ||
care services to the child under the STAR Health program. The | ||
managed care organization shall give notice of the placement change | ||
to the primary care physician listed in the child's health passport | ||
before the end of the second business day after the day the | ||
organization receives the notification from the department. | ||
(d-2) In this subsection, "catchment area" has the meaning | ||
assigned by Section 264.152. In a catchment area in which | ||
community-based foster care has been implemented, the single source | ||
continuum contractor that has contracted with the commission to | ||
provide foster care services in that catchment area shall, as soon | ||
as possible but not later than 24 hours after a change in placement | ||
of a child in the conservatorship of the department, give notice of | ||
the placement change to the managed care organization that | ||
contracts with the commission to provide health care services to | ||
the child under the STAR Health program. The managed care | ||
organization shall give notice of the placement change to the | ||
child's primary care physician in accordance with Subsection (d-1). | ||
SECTION 10. (a) Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.1076 to read as follows: | ||
Sec. 264.1076. MEDICAL EXAMINATION REQUIRED. (a) This | ||
section applies only to a child who has been taken into the | ||
conservatorship of the department and remains in the | ||
conservatorship of the department for more than three business | ||
days. | ||
(b) The department shall ensure that each child described by | ||
Subsection (a) is examined and receives a mental health screening | ||
conducted by a physician or other health care provider authorized | ||
under state law to conduct medical examinations not later than the | ||
end of: | ||
(1) the third business day after the date the child | ||
enters the conservatorship of the department; or | ||
(2) the fifth business day after the date the child | ||
enters the conservatorship of the department, if the child is | ||
located in a rural area, as that term is defined by Section 845.002, | ||
Insurance Code. | ||
(c) Whenever possible, the department shall schedule the | ||
medical examination and mental health screening for a child before | ||
the last business day of the appropriate time frame provided under | ||
Subsection (b). | ||
(d) The department shall collaborate with the commission | ||
and relevant medical practitioners to develop guidelines for the | ||
medical examination and mental health screening conducted under | ||
this section, including guidelines on the components to be included | ||
in the examination and the screening. | ||
(e) Not later than December 31, 2019, the department shall | ||
submit a report to the standing committees of the house of | ||
representatives and the senate with primary jurisdiction over child | ||
protective services and foster care evaluating the statewide | ||
implementation of the medical examination and mental health | ||
screening required by this section. The report must include the | ||
level of compliance with the requirements of this section in each | ||
region of the state. | ||
(b) Section 264.1076, Family Code, as added by this section, | ||
applies only to a child who enters the conservatorship of the | ||
Department of Family and Protective Services on or after the | ||
effective date of this Act. A child who enters the conservatorship | ||
of the Department of Family and Protective Services before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the child entered the conservatorship of the department, and | ||
the former law is continued in effect for that purpose. | ||
(c) The Department of Family and Protective Services shall | ||
implement Section 264.1076, Family Code, as added by this section, | ||
not later than December 31, 2018. | ||
SECTION 11. Section 264.124, Family Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) On receipt of the verification required under | ||
Subsection (b), or as provided by Subsection (d), the department | ||
shall provide monetary assistance to a foster parent for full-time | ||
or part-time day-care services for a foster child. The department | ||
may not deny monetary assistance to the foster parent as long as the | ||
foster parent is employed on a full-time or part-time basis. | ||
SECTION 12. (a) Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Sections 264.1261 and 264.128 to read as follows: | ||
Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In | ||
this section, "community-based foster care" has the meaning | ||
assigned by Section 264.152. | ||
(b) Appropriate department management personnel from a | ||
child protective services region in which community-based foster | ||
care has not been implemented, in collaboration with foster care | ||
providers, faith-based entities, and child advocates in that | ||
region, shall use data collected by the department on foster care | ||
capacity needs and availability of each type of foster care and | ||
kinship placement in the region to create a plan to address the | ||
substitute care capacity needs in the region. The plan must | ||
identify both short-term and long-term goals and strategies for | ||
addressing those capacity needs. | ||
(c) A foster care capacity needs plan developed under | ||
Subsection (b) must be: | ||
(1) submitted to and approved by the commissioner; and | ||
(2) updated annually. | ||
(d) The department shall publish each initial foster care | ||
capacity needs plan and each annual update to a plan on the | ||
department's Internet website. | ||
Sec. 264.128. SINGLE CHILD PLAN OF SERVICE INITIATIVE. | ||
(a) In this section, "community-based foster care" has the meaning | ||
assigned by Section 264.152. | ||
(b) In regions of the state where community-based foster | ||
care has not been implemented, the department shall: | ||
(1) collaborate with child-placing agencies to | ||
implement the single child plan of service model developed under | ||
the single child plan of service initiative; and | ||
(2) ensure that a single child plan of service is | ||
developed for each child in foster care in those regions. | ||
(b) Notwithstanding Section 264.128(b), Family Code, as | ||
added by this section, the Department of Family and Protective | ||
Services shall develop and implement a single child plan of service | ||
for each child in foster care in a region of the state described by | ||
that section not later than September 1, 2017. | ||
SECTION 13. (a) Chapter 264, Family Code, is amended by | ||
adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. COMMUNITY-BASED FOSTER CARE | ||
Sec. 264.151. LEGISLATIVE FINDINGS AND INTENT. (a) The | ||
legislature finds that: | ||
(1) for more than 30 years, the child welfare system in | ||
Texas has been centralized and managed by statutes and rules that | ||
impose a uniform system on communities statewide and ignore the | ||
fundamental differences between regions; | ||
(2) in order for the department to effectively provide | ||
child welfare services, as required by state and federal law, the | ||
department shall consider and implement fundamental structural | ||
changes to the provision of child protective and welfare services; | ||
(3) child welfare services that are community-based | ||
and family-centered, are monitored by community stakeholders, and | ||
have effective accountability standards regarding performance | ||
outcomes and practices have been found to lead to better outcomes | ||
for children who are victims of abuse and neglect; and | ||
(4) community-based foster care would align outcomes | ||
to assist the state in achieving the state's goal of substantial | ||
gains regarding performance outcomes in child safety, permanency, | ||
and well-being. | ||
(b) It is the intent of the legislature that the department | ||
contract with community-based, nonprofit entities that have the | ||
ability to provide child welfare services. The services provided | ||
by the entities must include direct case management to ensure child | ||
safety, permanency, and well-being, in accordance with state and | ||
federal child welfare goals. | ||
(c) It is the intent of the legislature that the provision | ||
of community-based foster care for children be implemented with | ||
measurable goals relating to: | ||
(1) the safety of children in placements; | ||
(2) the placement of children in each child's home | ||
community; | ||
(3) the provision of services to children in the least | ||
restrictive environment possible and, if possible, in a family home | ||
environment; | ||
(4) minimal placement changes for children; | ||
(5) the maintenance of contact between children and | ||
their families and other important persons; | ||
(6) the placement of children with siblings; | ||
(7) the provision of services that respect each | ||
child's culture; | ||
(8) the preparation of children and youth in foster | ||
care for adulthood; | ||
(9) the provision of opportunities, experiences, and | ||
activities for children and youth in foster care that are available | ||
to children and youth who are not in foster care; | ||
(10) the participation by children and youth in making | ||
decisions relating to their own lives; | ||
(11) the reunification of children with the biological | ||
parents of the children when possible; and | ||
(12) the promotion of the placement of children with | ||
relative or kinship caregivers if reunification is not possible. | ||
Sec. 264.152. DEFINITIONS. In this subchapter: | ||
(1) "Alternative caregiver" means a person who is not | ||
the foster parent of the child and who provides temporary care for | ||
the child for more than 12 hours but less than 60 days. | ||
(2) "Case management" means the provision of case | ||
management services to a child for whom the department has been | ||
appointed temporary or permanent managing conservator or the | ||
child's family, relative or kinship caregivers, a young adult in | ||
extended foster care, or a child who has been placed in the | ||
catchment area through the Interstate Compact on the Placement of | ||
Children, and includes: | ||
(A) caseworker visits with the child; | ||
(B) family and caregiver visits; | ||
(C) convening and conducting permanency planning | ||
meetings; | ||
(D) the development and revision of the child and | ||
family plans of service, including a permanency plan and goals for a | ||
child or young adult in care; | ||
(E) the coordination and monitoring of services | ||
required by the child and the child's family; | ||
(F) the assumption of court-related duties | ||
regarding the child, including: | ||
(i) providing any required notifications or | ||
consultations; | ||
(ii) preparing court reports; | ||
(iii) attending judicial and permanency | ||
hearings, trials, and mediations; | ||
(iv) complying with applicable court | ||
orders; and | ||
(v) ensuring the child is progressing | ||
toward the goal of permanency within state and federally mandated | ||
guidelines; and | ||
(G) any other function or service that the | ||
department determines necessary to allow a single source continuum | ||
contractor to assume responsibility for case management. | ||
(3) "Catchment area" means a geographic service area | ||
for providing child protective services that is identified as part | ||
of the community-based foster care redesign. | ||
(4) "Community-based foster care" means the | ||
redesigned foster care services system required by Chapter 598 | ||
(S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011. | ||
Sec. 264.154. READINESS REVIEW PROCESS FOR COMMUNITY-BASED | ||
FOSTER CARE CONTRACTOR. (a) The department shall develop a formal | ||
review process to assess the ability of a single source continuum | ||
contractor to satisfy the responsibilities and administrative | ||
requirements of delivering foster care services, including the | ||
contractor's ability to provide: | ||
(1) placement services for children and families; | ||
(2) case management services for children and | ||
families; | ||
(3) evidence-based, promising practice, or | ||
evidence-informed supports for children and families; and | ||
(4) sufficient available capacity for inpatient and | ||
outpatient services and supports for children at all service levels | ||
who have previously been placed in the catchment area. | ||
(b) As part of the readiness review process, the single | ||
source continuum contractor must prepare a plan detailing the | ||
methods by which the contractor will avoid or eliminate conflicts | ||
of interest. The department may not transfer services to the | ||
contractor until the department has determined the plan is | ||
adequate. | ||
(c) The department must develop the review process under | ||
Subsection (a) before the department may expand community-based | ||
foster care outside of the initial catchment areas where | ||
community-based foster care has been implemented. | ||
(d) The department must conduct a readiness review for a | ||
single source continuum contractor before the transfer of placement | ||
services to the contractor and before the transfer of case | ||
management services to the contractor. The department may not | ||
transfer those services to a contractor unless the readiness review | ||
demonstrates that the contractor is able to adequately deliver the | ||
services. | ||
Sec. 264.155. EXPANSION OF COMMUNITY-BASED FOSTER CARE. | ||
(a) Not later than December 31, 2019, the department shall: | ||
(1) identify not more than eight catchment areas in | ||
the state that are best suited to implement community-based foster | ||
care of which not more than two catchment areas may be identified as | ||
best suited to implement the transfer of case management services | ||
to a single source continuum contractor; | ||
(2) create an implementation plan for those catchment | ||
areas that includes a timeline for implementation; | ||
(3) following the readiness review process under | ||
Section 264.154 and subject to the availability of funds, implement | ||
community-based foster care in those catchment areas; and | ||
(4) following the implementation of community-based | ||
foster care services in those catchment areas, evaluate the | ||
implementation process and single source continuum contractor | ||
performance in each catchment area. | ||
(b) Following the selection of the catchment areas under | ||
Subsection (a), the department shall annually, based on the | ||
availability of funding: | ||
(1) provide a report to the legislature that details | ||
the readiness of any remaining catchment areas in which | ||
community-based foster care services have not been implemented; and | ||
(2) subject to the availability of funds, the | ||
readiness of the catchment areas, and the feasibility of | ||
implementing community-based foster care in those areas, begin | ||
implementing community-based foster care in those areas in | ||
accordance with the timeline developed for those areas under | ||
Subsection (a)(2) and the readiness review process developed under | ||
Section 264.154. | ||
(c) In expanding community-based foster care, the | ||
department may change the geographic boundaries of catchment areas | ||
as necessary to align with specific communities. | ||
(d) The department shall ensure the continuity of services | ||
for children and families during the transition period to | ||
community-based foster care in a catchment area. | ||
(e) In implementing community-based foster care in a | ||
catchment area, the department may not transfer case management | ||
services to a single source continuum contractor in that catchment | ||
area until the department has successfully completed the transfer | ||
of placement services to the contractor. | ||
Sec. 264.156. COMMUNITY ENGAGEMENT GROUP. (a) The | ||
department shall create a community engagement group in each | ||
catchment area to assist with the implementation of community-based | ||
foster care. The department may create more than one community | ||
engagement group in a catchment area, as appropriate. Membership | ||
in a community engagement group may include: | ||
(1) representatives from: | ||
(A) the department; | ||
(B) the judiciary; | ||
(C) school districts in the catchment area; | ||
(D) law enforcement; | ||
(E) the local mental health authority; | ||
(F) the children's advocacy center, if | ||
applicable; | ||
(G) a child-placing agency; and | ||
(H) child and family service providers, | ||
including prevention service providers; | ||
(2) a court-appointed volunteer advocate, if | ||
available; | ||
(3) a parent or a person who specializes in parental | ||
rights, including a family law attorney; and | ||
(4) community leaders from the catchment area, | ||
including leaders from local political subdivisions. | ||
(b) The department shall adopt rules governing community | ||
engagement groups and the maximum number of members in a group. | ||
(c) Established stakeholder organizations in a catchment | ||
area, including child welfare boards, may request to be designated | ||
by the department as the community engagement group for that | ||
catchment area. | ||
(d) The community engagement group shall: | ||
(1) provide feedback to the department on the | ||
implementation of community-based foster care in the catchment area | ||
and the ongoing operation of community-based foster care in the | ||
catchment area; | ||
(2) identify and report problems arising from the | ||
implementation process to the department; | ||
(3) identify, develop, promote, or facilitate the use | ||
of local resources, including prevention and early intervention | ||
resources, to supplement community-based foster care services; and | ||
(4) serve as a facilitator for integrating the | ||
voluntary participation of local organizations that provide family | ||
and child welfare services into community-based foster care. | ||
(e) Chapter 551, Government Code, applies to a community | ||
engagement group. | ||
Sec. 264.157. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM | ||
CONTRACTOR. To be eligible to enter into a contract with the | ||
department to serve as a single source continuum contractor to | ||
provide foster care service delivery, an entity must be a nonprofit | ||
or governmental entity that: | ||
(1) is licensed as a service provider by the | ||
department; | ||
(2) has an organizational mission and has demonstrated | ||
experience in the delivery of services to children and families; | ||
and | ||
(3) has the ability to provide all of the case | ||
management and placement services and perform all of the duties of a | ||
single source continuum contractor required under this subchapter | ||
or that can provide a plan to gain that ability during the | ||
implementation of community-based foster care in a catchment area. | ||
Sec. 264.158. REQUIRED CONTRACT PROVISIONS. A contract | ||
with a single source continuum contractor to provide foster care | ||
services in a catchment area must include provisions that: | ||
(1) specify performance outcomes and financial | ||
incentives for exceeding any specified performance outcomes; | ||
(2) establish conditions for the single source | ||
continuum contractor's access to relevant department data and | ||
require the participation of the contractor in the data access and | ||
standards governance council created under Section 264.159; | ||
(3) require the single source continuum contractor to | ||
create a single process for the training and use of alternative | ||
caregivers for all child-placing agencies in the catchment area to | ||
facilitate reciprocity of licenses for alternative caregivers | ||
between agencies, including respite and overnight care providers, | ||
as those terms are defined by department rule; and | ||
(4) require the single source continuum contractor to | ||
maintain a diverse network of service providers that offer a range | ||
of foster capacity options and that can accommodate children from | ||
diverse cultural backgrounds. | ||
Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL. | ||
(a) The department shall create a data access and standards | ||
governance council to develop protocols for access by single source | ||
continuum contractors to the department's data to allow the | ||
contractors to perform case management functions. | ||
(b) The department shall develop rules and processes for the | ||
operation of the council. Each single source continuum contractor | ||
that has entered into a contract with the department to provide | ||
services under this subchapter shall participate in the council. | ||
The council may also include: | ||
(1) representatives of entities that manage court | ||
proceedings; | ||
(2) the courts; | ||
(3) the department; | ||
(4) health care providers; and | ||
(5) any other entities the department considers | ||
necessary. | ||
(c) The council shall: | ||
(1) develop protocols for the access, management, | ||
security, and retention of case data that is shared between the | ||
department and a single source continuum contractor; | ||
(2) approve any changes to protocols at the request of | ||
a service provider or the department; and | ||
(3) conduct any other additional duties related to | ||
data sharing protocols as considered necessary by the department. | ||
(d) The department may assign the duties of the council to | ||
any existing office or division of the department with functions | ||
similar to the duties of the council. Each single source continuum | ||
contractor and any additional entities as described by Subsection | ||
(b) shall participate in the development of protocols and any other | ||
duties assigned under this subsection. | ||
Sec. 264.160. TRANSFER OF CASE MANAGEMENT SERVICES TO | ||
SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment | ||
area where community-based foster care has been implemented or a | ||
contract with a single source continuum contractor has been | ||
executed before June 1, 2017, the department shall transfer to the | ||
single source continuum contractor providing services in that area: | ||
(1) the case management of children and families | ||
receiving services from that contractor; and | ||
(2) family reunification support services to be | ||
provided after a child receiving services from the contractor is | ||
returned to the child's family for the period of time ordered by the | ||
court. | ||
(b) The department shall collaborate with a single source | ||
continuum contractor to establish an initial case transfer planning | ||
team to: | ||
(1) address any necessary data transfer; | ||
(2) establish file transfer procedures; and | ||
(3) notify relevant persons regarding the transfer of | ||
services to the contractor. | ||
Sec. 264.161. LIABILITY INSURANCE REQUIREMENTS. A single | ||
source continuum contractor and any subcontractor of the single | ||
source continuum contractor providing community-based foster care | ||
services shall maintain minimum insurance coverage, as required in | ||
the contract with the department, to minimize the risk of | ||
insolvency and protect against damages. The executive commissioner | ||
may adopt rules to implement this section. | ||
Sec. 264.162. REVIEW OF CONTRACTOR PERFORMANCE. (a) The | ||
department shall develop a formal review process to evaluate a | ||
single source continuum contractor's implementation of placement | ||
services and case management services in a catchment area. | ||
(b) The department shall conduct the review for a single | ||
source continuum contractor after the contractor completes the | ||
implementation of placement services in a catchment area, and after | ||
the contractor completes the implementation of case management | ||
services in the catchment area. | ||
Sec. 264.163. NOTICE REQUIRED FOR EARLY TERMINATION OF | ||
CONTRACT. (a) A single source continuum contractor may terminate a | ||
contract entered into under this subchapter by providing notice to | ||
the department of the contractor's intent to terminate the contract | ||
not later than the 90th day before the date of the termination. | ||
(b) The department may terminate a contract entered into | ||
with a single source continuum contractor under this subchapter by | ||
providing notice to the contractor of the department's intent to | ||
terminate the contract not later than the 30th day before the date | ||
of termination. | ||
Sec. 264.164. CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT | ||
TERMINATION. (a) In each catchment area in which community-based | ||
foster care is implemented, the department shall create a | ||
contingency plan to ensure the continuity of services for children | ||
and families in the catchment area in the event of an early | ||
termination of the contract with the single source continuum | ||
contractor providing foster care services in that catchment area. | ||
(b) If a single source continuum contractor gives notice to | ||
the department of an early contract termination, the department may | ||
enter into a contract with a different contractor for the sole | ||
purpose of assuming the contract that is being terminated. | ||
Sec. 264.165. REVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT. | ||
(a) Notwithstanding any other provision of this subchapter | ||
governing the transfer of case management authority to a single | ||
source continuum contractor, the department shall review a | ||
contractor's decision with respect to a child's permanency goal. | ||
The department must approve or disapprove a contractor's | ||
recommended permanency goal for a child not later than 72 hours | ||
after the department receives the recommendation from the | ||
contractor. | ||
(b) Subsection (a) may not be construed to limit or restrict | ||
the authority of the department to: | ||
(1) include necessary oversight measures and review | ||
processes to maintain compliance with federal and state | ||
requirements in a contract with a single source continuum | ||
contractor; or | ||
(2) attend court proceedings related to a child in the | ||
conservatorship of the department, including any hearings, trials, | ||
or mediations. | ||
(c) The department shall develop an internal dispute | ||
resolution process to decide disagreements between a single source | ||
continuum contractor and the department. | ||
Sec. 264.166. STATUTORY DUTIES ASSUMED BY CONTRACTOR. | ||
Except as provided by Section 264.167, a single source continuum | ||
contractor providing foster care services in a catchment area must, | ||
either directly or through subcontractors, assume the statutory | ||
duties of the department in connection with the delivery of foster | ||
care services in that catchment area. | ||
Sec. 264.167. CONTINUING DUTIES OF DEPARTMENT. In a | ||
catchment area in which a single source continuum contractor is | ||
providing family-based safety services, community-based foster | ||
care services, or integrated care coordination, legal | ||
representation of the department in an action under this code shall | ||
be provided in accordance with Section 264.009. | ||
Sec. 264.168. CONFIDENTIALITY. (a) The records of a single | ||
source continuum contractor relating to the provision of | ||
community-based foster care services in a catchment area are | ||
subject to Chapter 552, Government Code, in the same manner as the | ||
records of the department are subject to that chapter. | ||
(b) Subchapter C, Chapter 261, regarding the | ||
confidentiality of certain case information, applies to the records | ||
of a single source continuum contractor in relation to the | ||
provision of services by the contractor. | ||
Sec. 264.169. ATTORNEY-CLIENT PRIVILEGE. An employee, | ||
agent, or representative of a single source continuum contractor is | ||
considered to be a client's representative of the department for | ||
purposes of the privilege under Rule 503, Texas Rules of Evidence, | ||
as that privilege applies to communications with a prosecuting | ||
attorney or other attorney representing the department, or the | ||
attorney's representatives, in a proceeding under this subtitle. | ||
Sec. 264.170. CHILD PROTECTIVE SERVICES LEGISLATIVE | ||
OVERSIGHT COMMITTEE. (a) In this section, "committee" means the | ||
Child Protective Services Legislative Oversight Committee | ||
established under this section. | ||
(b) The Child Protective Services Legislative Oversight | ||
Committee is created to facilitate the transfer of functions from | ||
the department to single source continuum contractors under this | ||
subchapter with minimal negative effect on the delivery of services | ||
to which those functions relate. | ||
(c) The committee is composed of 11 voting members, as | ||
follows: | ||
(1) four members of the senate, appointed by the | ||
lieutenant governor; | ||
(2) four members of the house of representatives, | ||
appointed by the speaker of the house of representatives; and | ||
(3) three members of the public, appointed by the | ||
governor. | ||
(d) The commissioner of the department serves as an ex | ||
officio, nonvoting member of the committee. | ||
(e) A member of the committee serves at the pleasure of the | ||
appointing official. | ||
(f) The lieutenant governor and the speaker of the house of | ||
representatives shall each designate a presiding co-chair from | ||
among their respective appointments. | ||
(g) A member of the committee may not receive compensation | ||
for serving on the committee but is entitled to reimbursement for | ||
travel expenses incurred by the member while conducting the | ||
business of the committee as provided by the General Appropriations | ||
Act. | ||
(h) The committee shall: | ||
(1) facilitate the transfer of functions from the | ||
department to single source continuum contractors with minimal | ||
negative effect on the delivery of services to which those | ||
functions relate; | ||
(2) with assistance from the department, advise the | ||
commissioner of the department concerning: | ||
(A) the functions to be transferred under this | ||
subchapter and the funds and obligations that are related to the | ||
functions; | ||
(B) the transfer of the functions and related | ||
records, funds, and obligations by the department that are required | ||
by this subchapter; and | ||
(C) the reorganization of the department's | ||
administrative structure as required by the implementation of | ||
community-based foster care under this subchapter and other | ||
provisions enacted by the 85th Legislature that become law; and | ||
(3) meet at least semiannually at the call of either | ||
chair, in addition to meeting at other times as determined | ||
appropriate by either chair. | ||
(i) Chapter 551, Government Code, applies to the committee. | ||
(j) The committee shall submit a report to the governor, | ||
lieutenant governor, speaker of the house of representatives, and | ||
legislature not later than December 1 of each even-numbered year. | ||
The report must include an update on the progress of and issues | ||
related to: | ||
(1) the implementation of community-based foster | ||
care, including the need for any additional statutory changes | ||
required to ensure the achievement of the stated purposes of this | ||
subchapter; and | ||
(2) the reorganization of the department's | ||
administrative structure as necessary during the implementation of | ||
community-based foster care under this subchapter and other | ||
provisions enacted by the 85th Legislature that become law. | ||
Sec. 264.171. PILOT PROGRAM FOR FAMILY-BASED SAFETY | ||
SERVICES. (a) In this section, "case management services" means | ||
the direct delivery and coordination of a network of formal and | ||
informal activities and services in a catchment area where the | ||
department has entered into, or is in the process of entering into, | ||
a contract with a single source continuum contractor to provide | ||
family-based safety services and case management and includes: | ||
(1) caseworker visits with the child and all | ||
caregivers; | ||
(2) family visits; | ||
(3) family group conferencing or family group | ||
decision-making; | ||
(4) development of the family plan of service; | ||
(5) monitoring, developing, securing, and | ||
coordinating services; | ||
(6) evaluating the progress of children, caregivers, | ||
and families receiving services; | ||
(7) assuring that the rights of children, caregivers, | ||
and families receiving services are protected; | ||
(8) duties relating to family-based safety services | ||
ordered by a court, including: | ||
(A) providing any required notifications or | ||
consultations; | ||
(B) preparing court reports; | ||
(C) attending judicial hearings, trials, and | ||
mediations; | ||
(D) complying with applicable court orders; and | ||
(E) ensuring the child is progressing toward the | ||
goal of permanency within state and federally mandated guidelines; | ||
and | ||
(9) any other function or service that the department | ||
determines is necessary to allow a single source continuum | ||
contractor to assume responsibility for case management. | ||
(b) The department shall develop and implement in two child | ||
protective services regions of the state a pilot program under | ||
which the commission contracts with a single nonprofit entity that | ||
has an organizational mission focused on child welfare or a | ||
governmental entity in each region to provide family-based safety | ||
services and case management for children and families receiving | ||
family-based safety services. The contract must include a | ||
transition plan for the provision of services that ensures the | ||
continuity of services for children and families in the selected | ||
regions. | ||
(c) The contract with an entity must include | ||
performance-based provisions that require the entity to achieve the | ||
following outcomes for families receiving services from the entity: | ||
(1) a decrease in recidivism; | ||
(2) an increase in protective factors; and | ||
(3) any other performance-based outcome specified by | ||
the department. | ||
(d) The commission may only contract for implementation of | ||
the pilot program with entities that the department considers to | ||
have the capacity to provide, either directly or through | ||
subcontractors, an array of evidence-based, promising practice, or | ||
evidence-informed services and support programs to children and | ||
families in the selected child protective services regions. | ||
(e) The contracted entity must perform all statutory duties | ||
of the department in connection with the delivery of the services | ||
specified in Subsection (b). | ||
(f) The contracted entity must give preference for | ||
employment to employees of the department: | ||
(1) whose position at the department is impacted by | ||
the implementation of community-based foster care; and | ||
(2) who are considered by the department to be | ||
employees in good standing. | ||
(g) Not later than December 31, 2018, the department shall | ||
report to the appropriate standing committees of the legislature | ||
having jurisdiction over child protective services and foster care | ||
matters on the progress of the pilot program. The report must | ||
include: | ||
(1) an evaluation of each contracted entity's success | ||
in achieving the outcomes described by Subsection (c); and | ||
(2) a recommendation as to whether the pilot program | ||
should be continued, expanded, or terminated. | ||
(b) Section 264.126, Family Code, is transferred to | ||
Subchapter B-1, Chapter 264, Family Code, as added by this section, | ||
redesignated as Section 264.153, Family Code, and amended to read | ||
as follows: | ||
Sec. 264.153 [ |
||
[ |
||
and maintain a plan for implementing community-based [ |
||
care [ |
||
|
||
(1) describe the department's expectations, goals, and | ||
approach to implementing community-based foster care [ |
||
(2) include a timeline for implementing | ||
community-based [ |
||
state, a timeline for the transfer of case management services, and | ||
any limitations related to the implementation; | ||
(3) include [ |
||
and a contingency plan to provide continuity of foster care service | ||
delivery if a contract with a single source continuum contractor | ||
ends prematurely; | ||
(4) include a provision establishing the required time | ||
for a contractor to provide notice of contract termination; | ||
(5) [ |
||
roles and responsibilities of the department and the department's | ||
contractors and the duties, employees, and related funding that | ||
will be transferred to the contractor by the department; | ||
(6) [ |
||
long-range and continuous plans for training and cross-training | ||
staff; | ||
(7) [ |
||
tasks associated with each contract procurement, including the | ||
initial and ongoing contract costs for the department and | ||
contractor; | ||
(8) [ |
||
monitoring approach and a plan for evaluating the performance of | ||
each contractor and the community-based foster care [ |
||
system as a whole that includes an independent evaluation of each | ||
contractor's processes and fiscal and qualitative outcomes; and | ||
(9) [ |
||
resulting from implementation of community-based [ |
||
[ |
||
(b) The department shall annually: | ||
(1) update the implementation plan developed under | ||
this section and post the updated plan on the department's Internet | ||
website; and | ||
(2) post on the department's Internet website the | ||
progress the department has made toward its goals for implementing | ||
community-based [ |
||
SECTION 14. Subchapter A, Chapter 265, Family Code, is | ||
amended by adding Section 265.0042 to read as follows: | ||
Sec. 265.0042. 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. | ||
SECTION 15. Section 266.012, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A single source continuum contractor under Subchapter | ||
B-1, Chapter 264, providing therapeutic foster care services to a | ||
child shall ensure that the child receives a comprehensive | ||
assessment under this section at least once every 90 days. | ||
SECTION 16. (a) Section 531.02013, Government Code, is | ||
amended to read as follows: | ||
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. | ||
The following functions are not subject to transfer under Sections | ||
531.0201 and 531.02011: | ||
(1) the functions of the Department of Family and | ||
Protective Services, including the statewide intake of reports and | ||
other information, related to the following: | ||
(A) child protective services, including | ||
services that are required by federal law to be provided by this | ||
state's child welfare agency; | ||
(B) adult protective services, other than | ||
investigations of the alleged abuse, neglect, or exploitation of an | ||
elderly person or person with a disability: | ||
(i) in a facility operated, or in a facility | ||
or by a person licensed, certified, or registered, by a state | ||
agency; or | ||
(ii) by a provider that has contracted to | ||
provide home and community-based services; [ |
||
(C) prevention and early intervention services; | ||
and | ||
(D) investigations of alleged abuse, neglect, or | ||
exploitation occurring at a child-care facility, as that term is | ||
defined in Section 40.042, Human Resources Code; and | ||
(2) the public health functions of the Department of | ||
State Health Services, including health care data collection and | ||
maintenance of the Texas Health Care Information Collection | ||
program. | ||
(b) Notwithstanding any provision of Subchapter A-1, | ||
Chapter 531, Government Code, or any other law, the responsibility | ||
for conducting investigations of reports of abuse, neglect, or | ||
exploitation occurring at a child-care facility, as that term is | ||
defined in Section 40.042, Human Resources Code, as added by this | ||
Act, may not be transferred to the Health and Human Services | ||
Commission and remains the responsibility of the Department of | ||
Family and Protective Services. | ||
(c) As soon as possible after the effective date of this | ||
section, the commissioner of the Department of Family and | ||
Protective Services shall transfer the responsibility for | ||
conducting investigations of reports of abuse, neglect, or | ||
exploitation occurring at a child-care facility, as that term is | ||
defined in Section 40.042, Human Resources Code, as added by this | ||
Act, to the child protective services division of the department. | ||
The commissioner shall transfer appropriate investigators and | ||
staff as necessary to implement this section. | ||
(d) This section takes effect immediately if this Act | ||
receives a vote of two-thirds of all the members of each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for this section to take | ||
immediate effect, this section takes effect on the 91st day after | ||
the last day of the legislative session. | ||
SECTION 17. (a) Subchapter A, Chapter 533, Government | ||
Code, is amended by adding Section 533.0054 to read as follows: | ||
Sec. 533.0054. HEALTH SCREENING REQUIREMENTS FOR ENROLLEE | ||
UNDER STAR HEALTH PROGRAM. (a) A managed care organization that | ||
contracts with the commission to provide health care services to | ||
recipients under the STAR Health program must ensure that enrollees | ||
receive a complete early and periodic screening, diagnosis, and | ||
treatment checkup in accordance with the requirements specified in | ||
the contract between the managed care organization and the | ||
commission. | ||
(b) The commission shall include a provision in a contract | ||
with a managed care organization to provide health care services to | ||
recipients under the STAR Health program specifying progressive | ||
monetary penalties for the organization's failure to comply with | ||
Subsection (a). | ||
(b) The Health and Human Services Commission shall, in a | ||
contract for the provision of health care services under the STAR | ||
Health program between the commission and a managed care | ||
organization under Chapter 533, Government Code, that is entered | ||
into, renewed, or extended on or after the effective date of this | ||
section, require that the managed care organization comply with | ||
Section 533.0054, Government Code, as added by this section. | ||
(c) The Health and Human Services Commission may not impose | ||
a monetary penalty for noncompliance with a contract provision | ||
described by Section 533.0054(b), Government Code, as added by this | ||
section, until September 1, 2018. | ||
(d) If before implementing Section 533.0054, Government | ||
Code, as added by this section, the Health and Human Services | ||
Commission determines that a waiver or authorization from a federal | ||
agency is necessary for implementation of that provision, the | ||
agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 18. (a) Subchapter A, Chapter 533, Government | ||
Code, is amended by adding Section 533.0056 to read as follows: | ||
Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF | ||
PLACEMENT CHANGE. A contract between a managed care organization | ||
and the commission for the organization to provide health care | ||
services to recipients under the STAR Health program must require | ||
the organization to ensure continuity of care for a child whose | ||
placement has changed by: | ||
(1) notifying each specialist treating the child of | ||
the placement change; and | ||
(2) coordinating the transition of care from the | ||
child's previous treating primary care physician and treating | ||
specialists to the child's new treating primary care physician and | ||
treating specialists, if any. | ||
(b) The changes in law made by this section apply only to a | ||
contract for the provision of health care services under the STAR | ||
Health program between the Health and Human Services Commission and | ||
a managed care organization under Chapter 533, Government Code, | ||
that is entered into, renewed, or extended on or after the effective | ||
date of this section. | ||
(c) If before implementing Section 533.0056, Government | ||
Code, as added by this section, the Health and Human Services | ||
Commission determines that a waiver or authorization from a federal | ||
agency is necessary for implementation of that provision, the | ||
health and human services agency affected by the provision shall | ||
request the waiver or authorization and may delay implementing that | ||
provision until the waiver or authorization is granted. | ||
SECTION 19. Section 40.032, Human Resources Code, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) In this subsection, "community-based foster care" has | ||
the meaning assigned by Section 264.152, Family Code. The | ||
department shall collaborate with single source continuum | ||
contractors to ensure that employees of the department who perform | ||
case management functions are given preference for employment by | ||
service providers under the community-based foster care service | ||
system. | ||
SECTION 20. (a) Subchapter B, Chapter 40, Human Resources | ||
Code, is amended by adding Sections 40.039, 40.040, 40.041, and | ||
40.042 to read as follows: | ||
Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The | ||
department shall periodically review the department's records | ||
retention policy with respect to case and intake records relating | ||
to department functions. The department shall make changes to the | ||
policy consistent with the records retention schedule submitted | ||
under Section 441.185, Government Code, that are necessary to | ||
improve case prioritization and the routing of cases to the | ||
appropriate division of the department. The department may adopt | ||
rules necessary to implement this section. | ||
Sec. 40.040. FOSTER CARE SERVICES CONTRACT COMPLIANCE, | ||
OVERSIGHT, AND QUALITY ASSURANCE DIVISION. (a) In this section, | ||
"community-based foster care" has the meaning assigned by Section | ||
264.152, Family Code. | ||
(b) The department shall create within the department the | ||
foster care services contract compliance, oversight, and quality | ||
assurance division. The division shall: | ||
(1) oversee contract compliance and achievement of | ||
performance-based outcomes by any vendor that provides foster care | ||
services for the department under community-based foster care; | ||
(2) conduct assessments on the fiscal and qualitative | ||
performance of any vendor that provides foster care services for | ||
the department under community-based foster care; and | ||
(3) create and administer a dispute resolution process | ||
to resolve conflicts between vendors that contract with the | ||
department to provide foster care services under community-based | ||
foster care and any subcontractor of a vendor. | ||
Sec. 40.041. OFFICE OF DATA ANALYTICS. The department | ||
shall create an office of data analytics. The office shall report | ||
to the deputy commissioner and may perform any of the following | ||
functions, as determined by the department: | ||
(1) monitor management trends; | ||
(2) analyze employee exit surveys and interviews; | ||
(3) evaluate the effectiveness of employee retention | ||
efforts, including merit pay; | ||
(4) create and manage a system for handling employee | ||
complaints submitted by the employee outside of an employee's | ||
direct chain of command, including anonymous complaints; | ||
(5) monitor and provide reports to department | ||
management personnel on: | ||
(A) employee complaint data and trends in | ||
employee complaints; | ||
(B) compliance with annual department | ||
performance evaluation requirements; and | ||
(C) the department's use of positive performance | ||
levels for employees; | ||
(6) track employee tenure and internal employee | ||
transfers within both the child protective services division and | ||
the department; | ||
(7) use data analytics to predict workforce shortages | ||
and identify areas of the department with high rates of employee | ||
turnover, and develop a process to inform the deputy commissioner | ||
and other appropriate staff regarding the office's findings; | ||
(8) create and monitor reports on key metrics of | ||
agency performance; | ||
(9) analyze available data, including data on employee | ||
training, for historical and predictive department trends; and | ||
(10) conduct any other data analysis the department | ||
determines to be appropriate for improving performance, meeting the | ||
department's current business needs, or fulfilling the powers and | ||
duties of the department. | ||
Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND | ||
EXPLOITATION. (a) In this section, "child-care facility" | ||
includes a facility, licensed or unlicensed child-care facility, | ||
family home, residential child-care facility, employer-based | ||
day-care facility, or shelter day-care facility, as those terms are | ||
defined in Chapter 42. | ||
(b) For all investigations of child abuse, neglect, or | ||
exploitation conducted by the child protective services division of | ||
the department, the department shall adopt the definitions of | ||
abuse, neglect, and exploitation provided in Section 261.001, | ||
Family Code. | ||
(c) The department shall establish standardized policies to | ||
be used during investigations. | ||
(d) The commissioner shall establish units within the child | ||
protective services division of the department to specialize in | ||
investigating allegations of child abuse and neglect occurring at a | ||
child-care facility. | ||
(e) The department may require that investigators who | ||
specialize in allegations of child abuse and neglect occurring at | ||
child-care facilities receive ongoing training on the minimum | ||
licensing standards for any facilities that are applicable to the | ||
investigator's specialization. | ||
(f) After an investigation of abuse, neglect, or | ||
exploitation occurring at a child-care facility, the department | ||
shall provide the state agency responsible for regulating the | ||
facility with access to any information relating to the | ||
department's investigation. Providing access to confidential | ||
information under this subsection does not constitute a waiver of | ||
confidentiality. | ||
(g) The department may adopt rules to implement this | ||
section. | ||
(b) As soon as possible after the effective date of this | ||
Act, the commissioner of the Department of Family and Protective | ||
Services shall establish the office of data analytics required by | ||
Section 40.041, Human Resources Code, as added by this section. The | ||
commissioner and the executive commissioner of the Health and Human | ||
Services Commission shall transfer appropriate staff as necessary | ||
to conduct the duties of the office. | ||
(c) The Department of Family and Protective Services must | ||
implement the standardized definitions and policies required under | ||
Sections 40.042(b) and (c), Human Resources Code, as added by this | ||
Act, not later than December 1, 2017. | ||
SECTION 21. Section 40.051, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department | ||
shall develop a departmental strategic plan based on the goals and | ||
priorities stated in the commission's coordinated strategic plan | ||
for health and human services. The department shall also develop | ||
its plan based on: | ||
(1) furthering the policy of family preservation; | ||
(2) the goal of ending the abuse and neglect of | ||
children in the conservatorship of the department; and | ||
(3) the goal of increasing the capacity and | ||
availability of foster, relative, and kinship placements in this | ||
state. | ||
SECTION 22. (a) Section 40.058(f), Human Resources Code, | ||
is amended to read as follows: | ||
(f) A contract for residential child-care services provided | ||
by a general residential operation or by a child-placing agency | ||
must include provisions that: | ||
(1) enable the department and commission to monitor | ||
the effectiveness of the services; | ||
(2) specify performance outcomes, financial penalties | ||
for failing to meet any specified performance outcomes, and | ||
financial incentives for exceeding any specified performance | ||
outcomes; | ||
(3) authorize the department or commission to | ||
terminate the contract or impose monetary sanctions for a violation | ||
of a provision of the contract that specifies performance criteria | ||
or for underperformance in meeting any specified performance | ||
outcomes; | ||
(4) authorize the department or commission, an agent | ||
of the department or commission, and the state auditor to inspect | ||
all books, records, and files maintained by a contractor relating | ||
to the contract; and | ||
(5) are necessary, as determined by the department or | ||
commission, to ensure accountability for the delivery of services | ||
and for the expenditure of public funds. | ||
(b) The Health and Human Services Commission shall, in a | ||
contract for residential child-care services between the | ||
commission and a general residential operation or child-placing | ||
agency that is entered into on or after the effective date of this | ||
section, including a renewal contract, include the provisions | ||
required by Section 40.058(f), Human Resources Code, as amended by | ||
this section. | ||
(c) The Health and Human Services Commission shall seek to | ||
amend contracts for residential child-care services entered into | ||
with general residential operations or child-placing agencies | ||
before the effective date of this section to include the provisions | ||
required by Section 40.058(f), Human Resources Code, as amended by | ||
this section. | ||
(d) The Department of Family and Protective Services and the | ||
Health and Human Services Commission may not impose a financial | ||
penalty against a general residential operation or child-placing | ||
agency under a contract provision described by Section 40.058(f)(2) | ||
or (3), Human Resources Code, as amended by this section, until | ||
September 1, 2018. | ||
SECTION 23. (a) Subchapter C, Chapter 40, Human Resources | ||
Code, is amended by adding Section 40.0581 to read as follows: | ||
Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE | ||
PROVIDER CONTRACTS. (a) The commission, in collaboration with the | ||
department, shall contract with a vendor or enter into an agreement | ||
with an institution of higher education to develop, in coordination | ||
with the department, performance quality metrics for family-based | ||
safety services and post-adoption support services providers. The | ||
quality metrics must be included in each contract with those | ||
providers. | ||
(b) Each provider whose contract with the commission to | ||
provide department services includes the quality metrics developed | ||
under Subsection (a) must prepare and submit to the department a | ||
report each calendar quarter regarding the provider's performance | ||
based on the quality metrics. | ||
(c) The commissioner shall compile a summary of all reports | ||
prepared and submitted to the department by family-based safety | ||
services providers as required by Subsection (b) and distribute the | ||
summary to appropriate family-based safety services caseworkers | ||
and child protective services region management once each calendar | ||
quarter. | ||
(d) The commissioner shall compile a summary of all reports | ||
prepared and submitted to the department by post-adoption support | ||
services providers as required by Subsection (b) and distribute the | ||
summary to appropriate conservatorship and adoption caseworkers | ||
and child protective services region management. | ||
(e) The department shall make the summaries prepared under | ||
Subsections (c) and (d) available to families that are receiving | ||
family-based safety services and to adoptive families. | ||
(f) This section does not apply to a provider that has | ||
entered into a contract with the commission to provide family-based | ||
safety services under Section 264.171, Family Code. | ||
(b) The quality metrics required by Section 40.0581, Human | ||
Resources Code, as added by this section, must be developed not | ||
later than September 1, 2018, and included in any contract, | ||
including a renewal contract, entered into by the Health and Human | ||
Services Commission with a family-based safety services provider or | ||
a post-adoption support services provider on or after January 1, | ||
2019, except as provided by Section 40.0581(f), Human Resources | ||
Code, as added by this section. | ||
SECTION 24. Section 42.002(23), Human Resources Code, is | ||
amended to read as follows: | ||
(23) "Other maltreatment" means: | ||
(A) abuse, as defined by Section 261.001 [ |
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(B) neglect, as defined by Section 261.001 [ |
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SECTION 25. Section 42.042, Human Resources Code, is | ||
amended by adding Subsections (s) and (t) to read as follows: | ||
(s) The department shall create and implement processes to | ||
simplify and streamline the licensing and verification rules for | ||
agency foster homes and child-placing agencies, including: | ||
(1) a process to allow provisional verification of a | ||
foster home, based on the foster parent's partial completion of the | ||
licensing requirements, as determined by the department; and | ||
(2) a process to streamline background checks for | ||
potential foster care providers. | ||
(t) The department may waive certain minimum standards or | ||
may permit a child-placing agency to waive certain verification | ||
requirements for a foster home under this section. | ||
SECTION 26. (a) Subchapter C, Chapter 42, Human Resources | ||
Code, is amended by adding Section 42.0432 to read as follows: | ||
Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD | ||
PLACED WITH CHILD-PLACING AGENCY. (a) A child-placing agency or | ||
general residential operation that contracts with the department to | ||
provide services must ensure that the children who are in the | ||
managing conservatorship of the department and are placed with the | ||
child-placing agency or general residential operation receive a | ||
complete early and periodic screening, diagnosis, and treatment | ||
checkup in accordance with the requirements specified in the | ||
contract between the child-placing agency or general residential | ||
operation and the department. | ||
(b) The commission shall include a provision in a contract | ||
with a child-placing agency or general residential operation | ||
specifying progressive monetary penalties for the child-placing | ||
agency's or general residential operation's failure to comply with | ||
Subsection (a). | ||
(b) A child-placing agency or general residential operation | ||
that contracts to provide services for the Department of Family and | ||
Protective Services must comply with the requirements of Section | ||
42.0432, Human Resources Code, as added by this section, not later | ||
than August 31, 2018. The department and the Health and Human | ||
Services Commission may not impose a monetary penalty for | ||
noncompliance with a contract provision described by that section | ||
until September 1, 2018. | ||
SECTION 27. Section 42.044(c-1), Human Resources Code, is | ||
amended to read as follows: | ||
(c-1) The department: | ||
(1) shall investigate a listed family home if the | ||
department receives a complaint that: | ||
(A) a child in the home has been abused or | ||
neglected, as defined by Section 261.001 [ |
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(B) otherwise alleges an immediate risk of danger | ||
to the health or safety of a child being cared for in the home; and | ||
(2) may investigate a listed family home to ensure | ||
that the home is providing care for compensation to not more than | ||
three children, excluding children who are related to the | ||
caretaker. | ||
SECTION 28. Section 261.401(a), Family Code, is repealed. | ||
SECTION 29. The changes in law made by this Act to Section | ||
263.401, Family Code, apply only to a suit affecting the | ||
parent-child relationship filed on or after the effective date of | ||
this Act. A suit affecting the parent-child relationship filed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the suit was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 30. Except as otherwise provided by this Act, the | ||
changes in law made by this Act apply only to a contract for foster | ||
care services entered into or renewed on or after the effective date | ||
of this Act. | ||
SECTION 31. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2017. |