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: Strong Partisan Bill (Republican 20-2)

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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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), [and] (K), and (M), by a
  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; [or]
                     (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; [or]
                           (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; [or]
                     (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 [or 261.401], the professional shall
  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 [court shall
  dismiss] the suit affecting the parent-child relationship filed by
  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 [court shall dismiss]
  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 [264.126].  COMMUNITY-BASED FOSTER CARE
  [REDESIGN] IMPLEMENTATION PLAN. (a) The department shall develop
  and maintain a plan for implementing community-based [the] foster
  care [redesign required by Chapter 598 (S.B. 218), Acts of the 82nd
  Legislature, Regular Session, 2011]. The plan must:
               (1)  describe the department's expectations, goals, and
  approach to implementing community-based foster care [redesign];
               (2)  include a timeline for implementing
  community-based [the] foster care [redesign] throughout this
  state, a timeline for the transfer of case management services, and
  any limitations related to the implementation;
               (3)  include [, and] a progressive intervention plan
  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) [(3)]  delineate and define the case management
  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) [(4)]  identify any training needs and include
  long-range and continuous plans for training and cross-training
  staff;
               (7) [(5)]  include a plan for evaluating the costs and
  tasks associated with each contract procurement, including the
  initial and ongoing contract costs for the department and
  contractor;
               (8) [(6)]  include the department's contract
  monitoring approach and a plan for evaluating the performance of
  each contractor and the community-based foster care [redesign]
  system as a whole that includes an independent evaluation of each
  contractor's processes and fiscal and qualitative outcomes; and
               (9) [(7)]  include a report on transition issues
  resulting from implementation of community-based [the] foster care
  [redesign].
         (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 [the] foster care [redesign].
         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; [and]
                     (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 [or
  261.401], Family Code; or
                     (B)  neglect, as defined by Section 261.001 [or
  261.401], Family Code.
         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 [261.401], Family Code; or
                     (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.
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