Bill Text: TX SB24 | 2023-2024 | 88th Legislature | Enrolled

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

Spectrum: Partisan Bill (Republican 48-0)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB24 Detail]

Download: Texas-2023-SB24-Enrolled.html

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S.B. No. 24

AN ACT
relating to the powers and duties of the Health and Human Services
Commission and the transfer to the commission of certain powers and
duties from the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 9, Human Resources Code, is amended by
adding Chapter 137, and a heading is added to that chapter to read
as follows:
CHAPTER 137. FAMILY SUPPORT SERVICES
SECTION 2. Subchapters A, B, and C, Chapter 265, Family
Code, are transferred to Chapter 137, Human Resources Code, as
added by this Act, redesignated as Subchapters A, B, and C, Chapter
137, Human Resources Code, respectively, and amended to read as
follows:
SUBCHAPTER A. FAMILY SUPPORT [PREVENTION AND EARLY INTERVENTION]
SERVICES
Sec. 137.001. APPLICABILITY OF DEFINITIONS. The
definitions in Chapter 101, Family Code, apply to terms used in this
chapter.
Sec. 137.002 [265.001]. DEFINITIONS. In this chapter:
(1) "At-risk family" means a family with at least one
child or a pregnant woman and at least one of the following:
(A) a child in the family has been the subject of
an investigation of abuse, neglect, or exploitation by the
Department of Family and Protective Services;
(B) the family or a pregnant woman in the family
is experiencing conditions that increase the likelihood of
involvement with the child welfare system, the criminal justice
system, or the juvenile justice system; or
(C) the family or a pregnant woman in the family
is experiencing other conditions that threaten the
self-sufficiency or stability of the family or the birth or health
of a baby ["Department" means the Department of Family and
Protective Services].
(2) "Commission" means the Health and Human Services
Commission ["Division" means the prevention and early intervention
services division within the department].
(3) "Executive commissioner" means the executive
commissioner of the commission.
(4) "Family support ["Prevention and early
intervention] services" means programs intended to provide [early]
intervention and promote safety and stability for children and
at-risk families [or prevent at-risk behaviors that lead to child
abuse, delinquency, running away, truancy, and dropping out of
school].
Sec. 137.003 [265.002]. FAMILY SUPPORT [PREVENTION AND
EARLY INTERVENTION] SERVICES [DIVISION]. (a) The commission
[department] shall:
(1) administer grants and contracts [operate a
division] to provide family support services to [for] children and
[in] at-risk [situations and for the] families;
(2) [of those children and to achieve the
consolidation of prevention and early intervention services within
the jurisdiction of a single agency in order to avoid fragmentation
and duplication of services and to increase the accountability for
the delivery and administration of these services. The division
shall be called the prevention and early intervention services
division and shall have the following duties:
[(1) to] plan, develop, and administer an integrated
continuum of care system of programs providing family support
services to at-risk families [a comprehensive and unified delivery
system of prevention and early intervention services to children
and their families in at-risk situations];
(3) administer the referral, coordination, and
collaboration of family support services under this chapter with
similar, existing programs the commission operates;
(4) [(2) to] improve the responsiveness of family
support services provided to [for at-risk] children and at-risk
[their] families by facilitating greater coordination and
flexibility in the use of funds by state and local service
providers;
(5) [(3) to] provide greater accountability for
family support [prevention and early intervention] services in
order to demonstrate the impact or public benefit of a program by
adopting outcome measures; and
(6) [(4) to] assist local communities in the
coordination and development of family support [prevention and
early intervention] services in order to maximize federal, state,
and local resources.
(b) Family support services under this chapter are intended
to:
(1) promote healthy outcomes and strengthen support
systems for children and at-risk families;
(2) assist at-risk families in achieving
self-sufficiency and stability;
(3) promote workforce participation; and
(4) prevent or reduce at-risk behaviors in children
and at-risk families, including behaviors that may lead to:
(A) child abuse or neglect;
(B) delinquency, running away, truancy, dropping
out of school, or substance use; or
(C) involvement with the child welfare system,
the juvenile justice system, or the criminal justice system [The
department's prevention and early intervention services division
must be organizationally separate from the department's divisions
performing child protective services and adult protective services
functions].
Sec. 137.004 [265.003]. COORDINATION [CONSOLIDATION] OF
PROGRAMS. [(a)] In order to implement the duties provided in
Section 137.003 [265.002], the commission [department] shall
identify and coordinate with other [consolidate into the division]
programs the commission operates with the goal of providing family
support services [early intervention or prevention of at-risk
behavior that leads to child abuse, delinquency, running away,
truancy, and dropping out of school].
[(b) The division may provide additional prevention and
early intervention services in accordance with Section 265.002.
[Sec. 265.004. USE OF EVIDENCE-BASED PROGRAMS FOR AT-RISK
FAMILIES. (a) To the extent that money is appropriated for the
purpose, the department shall fund evidence-based programs,
including parenting education, home visitation, family support
services, mentoring, positive youth development programs, and
crisis counseling, offered by community-based organizations that
are designed to prevent or ameliorate child abuse and neglect. The
programs funded under this subsection may be offered by a child
welfare board established under Section 264.005, a local
governmental board granted the powers and duties of a child welfare
board under state law, a children's advocacy center established
under Section 264.402, or other persons determined appropriate by
the department.
[(a-1) The department shall ensure that not less than 75
percent of the money appropriated for parenting education programs
under Subsection (a) funds evidence-based programs or practices
described by Section 265.151(b) and that the remainder of that
money funds promising programs or practices described by Section
265.151(c) or evidence-informed programs or practices described by
Section 265.151(d).
[(a-2) The department shall actively seek and apply for any
available federal funds to support parenting education programs
provided under this section.
[(b) The department shall place priority on programs that
target children whose race or ethnicity is disproportionately
represented in the child protective services system.
[(c) The department shall periodically evaluate the
evidence-based abuse and neglect prevention programs to determine
the continued effectiveness of the programs.
[Sec. 265.0041. COLLABORATION WITH INSTITUTIONS OF HIGHER
EDUCATION. (a) Subject to the availability of funds, the Health
and Human Services Commission, on behalf of the department, shall
enter into agreements with institutions of higher education to
conduct efficacy reviews of any prevention and early intervention
programs that have not previously been evaluated for effectiveness
through a scientific research evaluation process.
[(b) Subject to the availability of funds, the department
shall collaborate with an institution of higher education to create
and track indicators of child well-being to determine the
effectiveness of prevention and early intervention services.]
Sec. 137.005 [265.005]. STRATEGIC PLAN. (a) The
commission [department] shall develop and implement a five-year
strategic plan for family support [prevention and early
intervention] services. Not later than September 1 of the last
fiscal year in each five-year period, the commission [department]
shall issue a new strategic plan for the next five fiscal years
beginning with the following fiscal year.
(b) A strategic plan required under this section must:
(1) identify methods to leverage other sources of
funding or provide support for existing community-based
[prevention] efforts to provide family support services;
(2) include a needs assessment that identifies
programs to best target family support services to the needs of
underserved [the highest risk] populations and geographic areas;
(3) identify [the goals and] priorities and specific
commission actions to coordinate and provide family support
services to children and at-risk families [for the department's
overall prevention efforts];
(4) identify and report on specific outcome
measurements by obtaining and reporting de-identified aggregate
data, as permitted by other law, on the number of program
participants who are:
(A) involved in the child welfare system, the
juvenile justice system, or the criminal justice system;
(B) recipients of other services the commission
offers; or
(C) listed in the central registry of the names
of individuals found to have abused or neglected a child maintained
under Section 261.002, Family Code [report the results of previous
prevention efforts using available information in the plan];
(5) identify additional methods of measuring program
effectiveness and results or outcomes;
(6) identify methods to collaborate with other state
agencies on [prevention] efforts to provide family support
services;
(7) identify specific strategies to implement the plan
and to develop measures for reporting on the overall progress
toward the plan's goals;
(8) [identify strategies and goals for increasing the
number of families receiving prevention and early intervention
services each year, subject to the availability of funds, to reach
targets set by the department for providing services to families
that are eligible to receive services through parental education,
family support, and community-based programs financed with
federal, state, local, or private resources; and
[(9)] identify specific strategies to increase local
capacity for the delivery of family support [prevention and early
intervention] services through collaboration with communities and
stakeholders;
(9) address methods for coordinating with other
commission programs under Section 137.004; and
(10) identify strategies to minimize the disruption of
the provision of family support services to children and families.
(c) The commission [department] shall coordinate with
interested parties and communities in developing the strategic plan
under this section.
(d) The commission [department] shall annually review and
appropriately update the strategic plan developed under this
section.
(e) The commission [department] shall post the strategic
plan developed under this section and any update to the plan on its
Internet website.
[Sec. 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO.
The department may not allow the use of the department's name or
identifying logo or insignia on forms or other materials related to
the department's prevention and early intervention services that
are:
[(1) provided by the department's contractors; or
[(2) distributed by the department's contractors to
the department's clients.
[Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY
INTERVENTION SERVICES. (a) To improve the effectiveness and
delivery of prevention and early intervention services, the
department shall:
[(1) identify geographic areas that have a high need
for prevention and early intervention services but do not have
prevention and early intervention services available in the area or
have only unevaluated prevention and early intervention services
available in the area; and
[(2) develop strategies for community partners to:
[(A) improve the early recognition of child abuse
or neglect;
[(B) improve the reporting of child abuse and
neglect; and
[(C) reduce child fatalities.
[(b) The department may not use data gathered under this
section to identify a specific family or individual.
[Sec. 265.008. EVALUATION OF PREVENTION AND EARLY
INTERVENTION SERVICES. (a) The department may enter into
agreements with institutions of higher education to conduct
efficacy reviews of any prevention and early intervention services
provided under this chapter that have not previously been evaluated
for effectiveness in a research evaluation. The efficacy review
shall include, when possible, a cost-benefit analysis of the
program to the state and, when applicable, the return on investment
of the program to the state.
[(b) The department may not enter into an agreement to
conduct a program efficacy evaluation under this section unless:
[(1) the agreement with the institution of higher
education is cost neutral; and
[(2) the department and institution of higher
education conducting the evaluation under this section protect the
identity of individuals who are receiving services from the
department that are being evaluated.]
SUBCHAPTER B. FAMILY SUPPORT SERVICES PROGRAMS FOR CHILD ABUSE AND
NEGLECT [PRIMARY] PREVENTION [PROGRAMS]
Sec. 137.051 [265.051]. DEFINITIONS. In this subchapter:
(1) "Child abuse and neglect prevention" means family
support services designed to prevent child abuse and neglect before
the abuse or neglect occurs. The term includes child fatality
prevention education programs and other activities directed at the
general public to stop child abuse and neglect.
(2) "Children's trust fund" means a child abuse and
neglect [primary] prevention program.
[(2) "Primary prevention" means services and
activities available to the community at large or to families to
prevent child abuse and neglect before it occurs. The term includes
infant mortality prevention education programs.]
(3) "Operating fund" means the commission's
[Department of Family and Protective Services] child abuse and
neglect prevention operating fund account.
(4) "State agency" means a board, commission,
department, office, or other state agency that:
(A) is in the executive branch of the state
government;
(B) was created by the constitution or a statute
of this state; and
(C) has statewide jurisdiction.
(5) "Trust fund" means the commission's child abuse
and neglect prevention trust fund account.
Sec. 137.052 [265.052]. CHILD ABUSE AND NEGLECT [PRIMARY]
PREVENTION PROGRAMS. (a) The commission [department] shall
operate the children's trust fund to:
(1) set policy, offer resources for community
[primary] prevention programs, and provide information and
education on family support services and prevention of child abuse
and neglect;
(2) develop a state plan for expending funds for child
abuse and neglect [primary] prevention programs that includes an
annual schedule of transfers of trust fund money to the operating
fund;
(3) develop eligibility criteria for applicants
requesting funding for child abuse and neglect [primary] prevention
programs; and
(4) establish funding priorities for child abuse and
neglect [primary] prevention programs.
(b) The children's trust fund shall accommodate the
commission's [department's] existing rules and policies in
procuring, awarding, and monitoring contracts and grants.
(c) The commission [department] may:
(1) apply for and receive funds made available by the
federal government or another public or private source for
administering programs under this subchapter and for funding for
child abuse and neglect [primary] prevention programs; and
(2) solicit donations for child abuse and neglect
[primary] prevention programs.
Sec. 137.053 [265.053]. ADMINISTRATIVE AND OTHER COSTS.
(a) Administrative costs under this subchapter during any fiscal
year may not exceed an amount equal to 50 percent of the interest
credited to the trust fund during the preceding fiscal year.
(b) Funds expended under a special project grant from a
governmental source or a nongovernmental source for public
education or public awareness may not be counted as administrative
costs for the purposes of this section.
Sec. 137.054 [265.054]. CHILD ABUSE AND NEGLECT PREVENTION
TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention
trust fund account is an account in the general revenue fund. Money
in the trust fund is dedicated to child abuse and neglect [primary]
prevention programs and family support services programs.
(b) The commission [department] may transfer money
contained in the trust fund to the operating fund at any time.
However, during a fiscal year the commission [department] may not
transfer more than the amount appropriated for the operating fund
for that fiscal year. Money transferred to the operating fund that
was originally deposited to the credit of the trust fund under
Section 118.022, Local Government Code, may be used only for child
abuse and neglect [primary] prevention programs.
(c) Interest earned on the trust fund shall be credited to
the trust fund.
(d) The trust fund is exempt from the application of Section
403.095, Government Code.
(e) All marriage license fees and other fees collected for
and deposited in the trust fund and interest earned on the trust
fund balance shall be appropriated each biennium only to the
operating fund for child abuse and neglect [primary] prevention
programs and family support services programs.
Sec. 137.055 [265.055]. COMMISSION [DEPARTMENT] OPERATING
FUND ACCOUNT. (a) The operating fund is an account in the general
revenue fund.
(b) Administrative and other costs allowed in Section
137.053 [265.053] shall be taken from the operating fund. The
commission [department] may transfer funds contained in the
operating fund to the trust fund at any time.
(c) The legislature may appropriate the money in the
operating fund to carry out the provisions of this subchapter.
(d) The operating fund is exempt from the application of
Section 403.095, Government Code.
[Sec. 265.056. CONTRIBUTIONS. (a) The department may
solicit contributions from any appropriate source.
[(b) Any other contributions for child abuse and neglect
primary prevention or other prevention and early intervention
programs shall be deposited into a separate designated fund in the
state treasury and shall be used for that designated purpose.
[(c) A person may contribute funds to either the trust fund,
the operating fund, or a fund designated by the department for a
specific child abuse and neglect primary prevention or other
prevention or early intervention purpose.
[(d) If a person designates that a contribution is intended
as a donation to a specific fund, the contribution shall be
deposited in the designated fund.]
Sec. 137.056 [265.057]. COMMUNITY YOUTH DEVELOPMENT
GRANTS. (a) Subject to available funding, the commission
[department] shall award community youth development grants to
communities identified by incidence of crime. The commission
[department] shall give priority in awarding grants under this
section to areas of the state in which there is a high incidence of
juvenile crime.
(b) The purpose of a grant under this section is to assist a
community in alleviating conditions in the family and community
that lead to juvenile crime.
SUBCHAPTER C. NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM
Sec. 137.101 [265.101]. DEFINITIONS. In this subchapter:
(1) "Competitive grant program" means the
nurse-family partnership competitive grant program established
under this subchapter.
(2) "Partnership program" means a nurse-family
partnership program.
Sec. 137.102 [265.102]. OPERATION OF NURSE-FAMILY
PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The commission
[department] shall operate a nurse-family partnership competitive
grant program for [through which] the commission to [department
will] award grants for the implementation of nurse-family
partnership programs, or the expansion of existing programs, and
for the operation of those programs for a period of not less than
two years.
(b) The commission [department] shall award grants under
the program to applicants, including applicants operating existing
programs, in a manner that ensures that the partnership programs
collectively[:
[(1)] operate in multiple communities that are
geographically distributed throughout this state[; and
[(2) provide program services to approximately 2,000
families].
Sec. 137.103 [265.103]. PARTNERSHIP PROGRAM REQUIREMENTS.
A partnership program funded through a grant awarded under this
subchapter must:
(1) strictly adhere to the program model developed by
the Nurse-Family Partnership National Service Office, including
any clinical, programmatic, and data collection requirements of
that model;
(2) require that registered nurses regularly visit the
homes of low-income, first-time mothers participating in the
program to provide services designed to:
(A) improve pregnancy outcomes;
(B) improve child health and development;
(C) improve family economic self-sufficiency and
stability; [and]
(D) reduce the incidence of child abuse and
neglect; and
(E) increase workforce participation;
(3) require that nurses who provide services through
the program:
(A) receive training from the office of the
attorney general at least once each year on procedures by which a
person may voluntarily acknowledge the paternity of a child and on
the availability of child support services from the office;
(B) provide a mother with information about the
rights, responsibilities, and benefits of establishing the
paternity of her child, if appropriate;
(C) provide assistance to a mother and the
alleged father of her child if the mother and alleged father seek to
voluntarily acknowledge paternity of the child, if appropriate; and
(D) provide information to a mother about the
availability of child support services from the office of the
attorney general; and
(4) require that the regular nurse visits described by
Subdivision (2) begin not later than a mother's 28th week of
gestation and end when her child reaches two years of age.
Sec. 137.104 [265.104]. APPLICATION. (a) A public or
private entity, including a county, municipality, or other
political subdivision of this state, may apply for a grant under
this subchapter.
(b) To apply for a grant, an applicant must submit a written
application to the commission [department] on a form prescribed by
the commission [department] in consultation with the Nurse-Family
Partnership National Service Office.
(c) The application [prescribed by the department] must:
(1) require the applicant to provide data on the
number of low-income, first-time mothers residing in the community
in which the applicant proposes to operate or expand a partnership
program and provide a description of existing services available to
those mothers;
(2) describe the ongoing monitoring and evaluation
process to which a grant recipient is subject under Section 137.107
[265.109], including the recipient's obligation to collect and
provide information requested by the commission [department] under
Section 137.107(c) [265.109(c)]; and
(3) require the applicant to provide other relevant
information as determined by the commission [department].
[Sec. 265.105. ADDITIONAL CONSIDERATIONS IN AWARDING
GRANTS. In addition to the factors described by Sections
265.102(b) and 265.103, in determining whether to award a grant to
an applicant under this subchapter, the department shall consider:
[(1) the demonstrated need for a partnership program
in the community in which the applicant proposes to operate or
expand the program, which may be determined by considering:
[(A) the poverty rate, the crime rate, the number
of births to Medicaid recipients, the rate of poor birth outcomes,
and the incidence of child abuse and neglect during a prescribed
period in the community; and
[(B) the need to enhance school readiness in the
community;
[(2) the applicant's ability to participate in ongoing
monitoring and performance evaluations under Section 265.109,
including the applicant's ability to collect and provide
information requested by the department under Section 265.109(c);
[(3) the applicant's ability to adhere to the
partnership program standards adopted under Section 265.106;
[(4) the applicant's ability to develop broad-based
community support for implementing or expanding a partnership
program, as applicable; and
[(5) the applicant's history of developing and
sustaining innovative, high-quality programs that meet the needs of
families and communities.]
Sec. 137.105 [265.106]. PARTNERSHIP PROGRAM STANDARDS.
The executive commissioner[, with the assistance of the
Nurse-Family Partnership National Service Office,] shall adopt
standards for the partnership programs funded under this
subchapter. The standards must be consistent with [adhere to] the
Nurse-Family Partnership National Service Office program model
standards and guidelines that were developed in multiple,
randomized clinical trials and have been tested and replicated in
multiple communities.
Sec. 137.106 [265.107]. USE OF AWARDED GRANT FUNDS. The
grant funds awarded under this subchapter may be used only to cover
costs related to implementing or expanding and operating a
partnership program, including costs related to:
(1) administering the program;
(2) training and managing registered nurses who
participate in the program;
(3) paying the salaries and expenses of registered
nurses who participate in the program;
(4) paying for facilities and equipment for the
program; and
(5) paying for services provided by the Nurse-Family
Partnership National Service Office to ensure a grant recipient
adheres to the organization's program model.
[Sec. 265.108. STATE NURSE CONSULTANT. Using money
appropriated for the competitive grant program, the department
shall hire or contract with a state nurse consultant to assist grant
recipients with implementing or expanding and operating the
partnership programs in the applicable communities.]
Sec. 137.107 [265.109]. PROGRAM MONITORING AND EVALUATION;
ANNUAL COMMITTEE REPORTS. (a) The commission [department, with
the assistance of the Nurse-Family Partnership National Service
Office,] shall:
(1) adopt performance indicators that are designed to
measure a grant recipient's performance with respect to the
partnership program standards adopted by the executive
commissioner under Section 137.105 [265.106];
(2) use the performance indicators to continuously
monitor and formally evaluate on an annual basis the performance of
each grant recipient; and
(3) prepare and submit an annual report, not later
than December 1 of each year, to the Senate Health and Human
Services Committee, or its successor, and the House Human Services
Committee, or its successor, regarding the performance of each
grant recipient during the preceding state fiscal year with respect
to providing partnership program services.
(b) The report required under Subsection (a)(3) must
include:
(1) the number of:
(A) low-income, first-time mothers to whom each
grant recipient provided partnership program services and, of that
number, the number of mothers who established the paternity of an
alleged father as a result of services provided under the program;
(B) mothers who married the father or reside in
the same household with the father;
(C) mothers who have previous involvement with
the child welfare system, the criminal justice system, or the
juvenile justice system; and
(D) mothers who receive other services from the
commission;
(2) the extent to which each grant recipient made
regular visits to mothers during the period described by Section
137.103(4) [265.103(4)]; and
(3) the extent to which each grant recipient adhered
to the Nurse-Family Partnership National Service Office's program
model, including the extent to which registered nurses:
(A) conducted home visitations comparable in
frequency, duration, and content to those delivered in Nurse-Family
Partnership National Service Office clinical trials; and
(B) assessed the health and well-being of mothers
and children participating in the partnership programs in
accordance with indicators of maternal, child, and family health
defined by the [department in consultation with the] Nurse-Family
Partnership National Service Office and required by the commission.
(c) On request, each grant recipient shall timely collect
and provide data and any other information required by the
commission [department] to monitor and evaluate the recipient or to
prepare the report required by this section.
Sec. 137.108 [265.110]. COMPETITIVE GRANT PROGRAM FUNDING.
(a) The commission [department] shall actively seek and apply for
any available federal funds, including federal Medicaid and
Temporary Assistance for Needy Families (TANF) funds, to assist in
financing the competitive grant program established under this
subchapter.
(b) The commission [department] may use appropriated funds
from the state government and may accept gifts, donations, and
grants of money from the federal government, local governments,
private corporations, or other persons to assist in financing the
competitive grant program.
SECTION 3. Sections 265.152, 265.153, 265.154, and 265.155,
Family Code, are transferred to Subchapter B, Chapter 137, Human
Resources Code, as redesignated by this Act, redesignated as
Sections 137.057, 137.058, 137.059, and 137.060, Human Resources
Code, respectively, and amended to read as follows:
Sec. 137.057 [265.152]. OUTCOMES OF FAMILY SUPPORT
SERVICES [EVIDENCE-BASED PREVENTION AND EARLY INTERVENTION]
PROGRAMS AND PRACTICES. The commission [department] shall ensure
that a family support services [prevention and early intervention]
program or practice provided under this subchapter achieves
favorable behavioral outcomes in at least two of the following
areas:
(1) improved cognitive development of children;
(2) increased readiness for and participation and
performance in school;
(3) reduced child abuse, neglect, and injury;
(4) improved child safety;
(5) improved social-emotional development of children
and youth;
(6) increased protective factors, including
nurturing, bonding, and other parenting skills;
(7) improved family economic self-sufficiency;
(8) reduced parental or youth involvement with the
criminal justice system; and
(9) increased paternal involvement and support.
Sec. 137.058 [265.153]. EVALUATION OF FAMILY SUPPORT
SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND
PRACTICES. (a) The commission [department] shall adopt outcome
indicators to measure the effectiveness of family support services
[prevention and early intervention] programs and practices
provided under this subchapter in achieving desired outcomes.
(b) The commission [department] may work directly with the
model developer of a family support services [prevention and early
intervention] program or practice to identify appropriate outcome
indicators for the program or practice and to ensure that the
program or practice substantially complies with the model.
(c) The commission [department] shall develop internal
processes to share information with family support services
[prevention and early intervention service] providers to assist the
commission [department] in analyzing the performance of the
programs or practices.
(d) The commission [department] shall use information
obtained under this section to:
(1) monitor family support services [prevention and
early intervention] programs and practices;
(2) continually improve the quality of the programs
and practices; and
(3) evaluate the effectiveness of the programs and
practices.
Sec. 137.059 [265.154]. REPORTS TO LEGISLATURE. (a) Not
later than December 1 of each even-numbered year, the commission
[department] shall prepare and submit a report on state-funded
prevention and early intervention programs and practices to the
standing committees of the senate and house of representatives with
jurisdiction over child protective services.
(b) A report submitted under this section must meet any
requirements set by the commission under this subchapter [include:
[(1) a description of the prevention and early
intervention programs and practices implemented and of the models
associated with the programs and practices;
[(2) information on the families served by the
programs and practices, including the number of families served and
their demographic information;
[(3) the goals and achieved outcomes of the
implemented programs and practices;
[(4) information on the cost for each family served,
including any available third-party return-on-investment analysis;
and
[(5) information explaining the percentage of money
spent on evidence-based programs and practices, on promising
programs and practices, and on evidence-informed programs and
practices].
Sec. 137.060 [265.155]. RULES. The executive commissioner
[of the department] may adopt rules as necessary to implement this
subchapter.
SECTION 4. Subchapter D, Chapter 264, Family Code, is
transferred to Chapter 137, Human Resources Code, as added by this
Act, redesignated as Subchapter D, Chapter 137, Human Resources
Code, and amended to read as follows:
SUBCHAPTER D. SERVICES FOR [TO] AT-RISK YOUTH
Sec. 137.151 [264.301]. SERVICES FOR AT-RISK YOUTH. (a)
The commission [department] shall operate a program to provide
family support services for children in at-risk situations and for
the families of those children.
(b) The services under this section may include:
(1) crisis family intervention;
(2) emergency short-term residential care;
(3) family counseling;
(4) parenting skills training;
(5) youth coping skills training;
(6) mentoring; and
(7) advocacy training.
Sec. 137.152 [264.302]. EARLY YOUTH INTERVENTION SERVICES.
(a) This section applies to a child who:
(1) is seven years of age or older and under 17 years
of age; and
(2) has not had the disabilities of minority for
general purposes removed under Chapter 31, Family Code.
(b) The commission [department] shall operate a program
under this section to provide family support services for children
in at-risk situations and for the families of those children.
(c) The commission [department] may not provide services
under this section to a child who has:
(1) at any time been referred to juvenile court for
engaging in conduct that violates a penal law of this state of the
grade of felony other than a state jail felony; or
(2) been found to have engaged in delinquent conduct
under Title 3, Family Code.
(d) The commission [department] may provide services under
this section to a child who engages in conduct for which the child
may be found by a court to be an at-risk child, without regard to
whether the conduct violates a penal law of this state of the grade
of felony other than a state jail felony, if the child was younger
than 10 years of age at the time the child engaged in the conduct.
(e) The commission [department] shall provide services for
a child and the child's family if a contract to provide services
under this section is available in the county and the child is
referred to the commission [department] as an at-risk child by:
(1) a juvenile court or probation department as part
of a progressive sanctions program under Chapter 59, Family Code;
(2) a law enforcement officer or agency under Section
52.03, Family Code; or
(3) a justice or municipal court under Article 45.057,
Code of Criminal Procedure.
(f) The services under this section may include:
(1) crisis family intervention;
(2) emergency short-term residential care for
children 10 years of age or older;
(3) family counseling;
(4) parenting skills training;
(5) youth coping skills training;
(6) advocacy training; and
(7) mentoring.
SECTION 5. Chapter 53, Human Resources Code, is transferred
to Chapter 137, Human Resources Code, as added by this Act,
redesignated as Subchapter E, Chapter 137, Human Resources Code,
and amended to read as follows:
SUBCHAPTER E [CHAPTER 53]. PREVENTIVE SERVICES FOR VETERANS AND
MILITARY FAMILIES
Sec. 137.201 [53.001]. DEFINITIONS. In this subchapter,
"veteran" [chapter:
[(1) "Department" means the Department of Family and
Protective Services.
[(2) "Veteran"] means a person who has served in:
(1) [(A)] the army, navy, air force, coast guard, or
marine corps of the United States;
(2) [(B)] the state military forces as defined by
Section 431.001, Government Code; or
(3) [(C)] an auxiliary service of one of those
branches of the armed forces.
Sec. 137.202 [53.002]. VETERANS AND MILITARY FAMILIES
PREVENTIVE SERVICES PROGRAM. (a) The commission [department]
shall develop and implement a preventive services program to serve
veterans and military families who have committed or experienced or
who are at a high risk of:
(1) family violence; or
(2) abuse or neglect.
(b) The program must:
(1) be designed to coordinate with community-based
organizations to provide prevention services;
(2) include a prevention component and an early
intervention component;
(3) include collaboration with services for child
welfare, services for early childhood education, and other child
and family services programs; and
(4) coordinate with the community collaboration
initiative developed under Subchapter I, Chapter 434, Government
Code, and committees formed by local communities as part of that
initiative.
[(c) The program must be established initially as a pilot
program in areas of the state in which the department considers the
implementation practicable. The department shall evaluate the
outcomes of the pilot program and ensure that the program is
producing positive results before implementing the program
throughout the state.
[(d) The department shall evaluate the program and prepare
an annual report on the outcomes of the program. The department
shall publish the report on the department's Internet website.]
SECTION 6. Subchapter X, Chapter 531, Government Code, is
transferred to Chapter 137, Human Resources Code, as added by this
Act, and redesignated as Subchapter F, Chapter 137, Human Resources
Code, to read as follows:
SUBCHAPTER F [X]. TEXAS HOME VISITING PROGRAM
Sec. 137.251 [531.981]. DEFINITIONS. In this subchapter:
(1) "Home visiting program" means a
voluntary-enrollment program in which early childhood and health
professionals such as nurses, social workers, or trained and
supervised paraprofessionals repeatedly visit over a period of at
least six months the homes of pregnant women or families with
children under the age of six who are born with or exposed to one or
more risk factors.
(2) "Risk factors" means factors that make a child
more likely to experience adverse experiences leading to negative
consequences, including preterm birth, poverty, low parental
education, having a teenaged mother or father, poor maternal
health, and parental underemployment or unemployment.
Sec. 137.252 [531.982]. IMPLEMENTATION OF TEXAS HOME
VISITING PROGRAM. (a) The commission shall maintain a strategic
plan to serve at-risk pregnant women and families with children
under the age of six through home visiting programs that improve
outcomes for parents and families.
(b) A pregnant woman or family is considered at-risk for
purposes of this section and may be eligible for voluntary
enrollment in a home visiting program if the woman or family is
exposed to one or more risk factors.
(c) The commission may determine if a risk factor or
combination of risk factors experienced by an at-risk pregnant
woman or family qualifies the woman or family for enrollment in a
home visiting program.
Sec. 137.253 [531.983]. TYPES OF HOME VISITING PROGRAMS.
(a) A home visiting program is classified as either an
evidence-based program or a promising practice program.
(b) An evidence-based program is a home visiting program
that:
(1) is research-based and grounded in relevant,
empirically based knowledge and program-determined outcomes;
(2) is associated with a national organization,
institution of higher education, or national or state public health
institute;
(3) has comprehensive standards that ensure
high-quality service delivery and continuously improving quality;
(4) has demonstrated significant positive short-term
and long-term outcomes;
(5) has been evaluated by at least one rigorous
randomized controlled research trial across heterogeneous
populations or communities, the results of at least one of which has
been published in a peer-reviewed journal;
(6) follows with fidelity a program manual or design
that specifies the purpose, outcomes, duration, and frequency of
the services that constitute the program;
(7) employs well-trained and competent staff and
provides continual relevant professional development
opportunities;
(8) demonstrates strong links to other
community-based services; and
(9) ensures compliance with home visiting standards.
(c) A promising practice program is a home visiting program
that:
(1) has an active impact evaluation program or can
demonstrate a timeline for implementing an active impact evaluation
program;
(2) has been evaluated by at least one outcome-based
study demonstrating effectiveness or a randomized controlled trial
in a homogeneous sample;
(3) follows with fidelity a program manual or design
that specifies the purpose, outcomes, duration, and frequency of
the services that constitute the program;
(4) employs well-trained and competent staff and
provides continual relevant professional development
opportunities;
(5) demonstrates strong links to other
community-based services; and
(6) ensures compliance with home visiting standards.
Sec. 137.254 [531.984]. FUNDING. (a) The commission shall
ensure that at least 75 percent of funds appropriated for home
visiting programs are used in evidence-based programs, with any
remaining funds dedicated to promising practice programs.
(b) The commission shall actively seek and apply for any
available federal funds to support home visiting programs,
including federal funds from the Temporary Assistance for Needy
Families program.
(c) The commission may accept gifts, donations, and grants
to support home visiting programs.
Sec. 137.255 [531.985]. OUTCOMES. The commission shall
ensure that a home visiting program achieves favorable outcomes in
at least two of the following areas:
(1) improved maternal or child health outcomes;
(2) improved cognitive development of children;
(3) increased school readiness of children;
(4) reduced child abuse, neglect, and injury;
(5) improved child safety;
(6) improved social-emotional development of
children;
(7) improved parenting skills, including nurturing
and bonding;
(8) improved family economic self-sufficiency;
(9) reduced parental involvement with the criminal
justice system; and
(10) increased father involvement and support.
Sec. 137.256 [531.986]. EVALUATION OF HOME VISITING
PROGRAM. (a) The commission shall adopt outcome indicators to
measure the effectiveness of a home visiting program in achieving
desired outcomes.
(b) The commission may work directly with the model
developer of a home visiting program to identify appropriate
outcome indicators for the program and to ensure that the program
demonstrates fidelity to its research model.
(c) The commission shall develop internal processes to work
with home visiting programs to share data and information to aid in
making relevant analysis of the performance of a home visiting
program.
(d) The commission shall use data gathered under this
section to monitor, conduct ongoing quality improvement on, and
evaluate the effectiveness of home visiting programs.
Sec. 137.257 [531.9871]. REPORTS TO LEGISLATURE. (a) Not
later than December 1 of each even-numbered year, the commission
shall prepare and submit a report on state-funded home visiting
programs to the Senate Committee on Health and Human Services and
the House Human Services Committee or their successors.
(b) A report submitted under this section must include:
(1) a description of home visiting programs being
implemented and the associated models;
(2) data on the number of families being served and
their demographic information;
(3) the goals and achieved outcomes of home visiting
programs;
(4) data on cost per family served, including
third-party return-on-investment analysis, if available; and
(5) data explaining what percentage of funding has
been used on evidence-based programs and what percentage of funding
has been used on promising practice programs.
Sec. 137.258 [531.988]. RULES. The executive commissioner
may adopt rules as necessary to implement this subchapter.
SECTION 7. Article 45.057(b), Code of Criminal Procedure,
is amended to read as follows:
(b) On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child's parent for
services under Section 137.152, Human Resources Code [264.302,
Family Code];
(2) requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a
rehabilitation, counseling, self-esteem and leadership, work and
job skills training, job interviewing and work preparation,
self-improvement, parenting, manners, violence avoidance,
tutoring, sensitivity training, parental responsibility, community
service, restitution, advocacy, or mentoring program; or
(3) requiring that the child's parent do any act or
refrain from doing any act that the court determines will increase
the likelihood that the child will comply with the orders of the
court and that is reasonable and necessary for the welfare of the
child, including:
(A) attend a parenting class or parental
responsibility program; and
(B) attend the child's school classes or
functions.
SECTION 8. Section 52.03(c), Family Code, is amended to
read as follows:
(c) A disposition authorized by this section may involve:
(1) referral of the child to an agency other than the
juvenile court;
(2) a brief conference with the child and his parent,
guardian, or custodian; or
(3) referral of the child and the child's parent,
guardian, or custodian for services under Section 137.152, Human
Resources Code [264.302].
SECTION 9. Section 59.004(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level one, the juvenile court or
probation department may:
(1) require counseling for the child regarding the
child's conduct;
(2) inform the child of the progressive sanctions that
may be imposed on the child if the child continues to engage in
delinquent conduct or conduct indicating a need for supervision;
(3) inform the child's parents or guardians of the
parents' or guardians' responsibility to impose reasonable
restrictions on the child to prevent the conduct from recurring;
(4) provide information or other assistance to the
child or the child's parents or guardians in securing needed social
services;
(5) require the child or the child's parents or
guardians to participate in a program for services under Section
137.152, Human Resources Code [264.302], if a program under Section
137.152 [264.302] is available to the child or the child's parents
or guardians;
(6) refer the child to a community-based citizen
intervention program approved by the juvenile court;
(7) release the child to the child's parents or
guardians; and
(8) require the child to attend and successfully
complete an educational program described by Section 37.218,
Education Code, or another equivalent educational program.
SECTION 10. Section 59.005(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level two, the juvenile court,
the prosecuting attorney, or the probation department may, as
provided by Section 53.03:
(1) place the child on deferred prosecution for not
less than three months or more than six months;
(2) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of harm caused and
according to the child's ability;
(3) require the child's parents or guardians to
identify restrictions the parents or guardians will impose on the
child's activities and requirements the parents or guardians will
set for the child's behavior;
(4) provide the information required under Sections
59.004(a)(2) and (4);
(5) require the child or the child's parents or
guardians to participate in a program for services under Section
137.152, Human Resources Code [264.302], if a program under Section
137.152 [264.302] is available to the child or the child's parents
or guardians;
(6) refer the child to a community-based citizen
intervention program approved by the juvenile court; and
(7) if appropriate, impose additional conditions of
probation.
SECTION 11. Section 261.002, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The department shall provide the Health and Human
Services Commission with access to the central registry as
necessary for the commission to perform its duties under Section
137.005, Human Resources Code.
SECTION 12. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.0045 to read as follows:
Sec. 531.0045. LIMIT ON SUNSET REVIEW. The Sunset Advisory
Commission's review of the Health and Human Services Commission
under Chapter 325 (Texas Sunset Act) during the period in which
state agencies abolished in 2027 are reviewed may not include a
review of the family support services programs transferred to the
commission under Chapter 137, Human Resources Code, or the Thriving
Texas Families Program established under Chapter 54, Health and
Safety Code. This section expires September 1, 2027.
SECTION 13. Section 40.0025(b), Human Resources Code, is
amended to read as follows:
(b) In accordance with Subchapter A-1, Chapter 531,
Government Code, and notwithstanding any other law, the department
performs only functions, including the statewide intake of reports
and other information, related to the following services:
(1) child protective services, including services
that are required by federal law to be provided by this state's
child welfare agency;
(2) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(A) in a facility operated, or in a facility or by
a person licensed, certified, or registered, by a state agency; or
(B) by a provider that has contracted to provide
home and community-based services; and
(3) family support [prevention and early
intervention] services functions, including:
(A) family support [prevention and early
intervention] services as defined under Section 137.002 [265.001,
Family Code]; and
(B) programs that:
(i) provide parent education;
(ii) promote healthier parent-child
relationships; or
(iii) prevent family violence.
SECTION 14. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 54 to read as follows:
CHAPTER 54. THRIVING TEXAS FAMILIES PROGRAM
Sec. 54.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002.
(2) "Network contractor" means a person who contracts
with the commission to provide or coordinate the provision of
services under this chapter.
Sec. 54.002. ESTABLISHMENT. (a) The commission shall
establish the Thriving Texas Families Program as a continuation of
the alternatives to abortion program to facilitate the operation of
a statewide support network that provides community outreach,
consultation, and care coordination for women with an unexpected
pregnancy.
(b) The Thriving Texas Families Program shall:
(1) promote healthy pregnancy and childbirth;
(2) promote childbirth as an alternative to abortion;
(3) increase access to resources that promote family
and child development;
(4) encourage family formation;
(5) help parents establish and implement successful
parenting techniques;
(6) increase the number of families who achieve
economic self-sufficiency; and
(7) provide a local approach and personalized support
to pregnant women to promote childbirth in all instances of
pregnancy.
(c) The commission shall contract with network contractors
to establish a statewide network of service providers, including
pregnancy support centers, adoption assistance providers, and
maternity homes, to provide the services described by Section
54.003. The commission may contract with the service providers to
provide the services in accordance with this chapter.
(d) In developing the statewide network of service
providers, the commission shall, to the extent practicable,
contract with providers who have a history of working with the
commission in programs similar to the program created by this
chapter.
Sec. 54.003. SERVICES. (a) Using the network contractors
described under Section 54.002, the commission shall ensure that
services described by this chapter are available throughout this
state.
(b) Services provided through the program include:
(1) counseling and mentoring on pregnancy, education,
parenting skills, adoption services, life skills, and employment
readiness topics;
(2) care coordination for prenatal, perinatal, and
postnatal services, including connecting participants to health
services;
(3) educational materials and information about
pregnancy, parenting, and adoption services;
(4) referrals to governmental and social service
programs, including child care, transportation, housing, and state
and federal benefit programs;
(5) classes on life skills, personal finance,
parenthood, stress management, job training, job readiness, job
placement, and educational attainment;
(6) provision of supplies for infant care and
pregnancy, including car seats, cribs, maternity clothes, infant
diapers, and formula; and
(7) housing services.
(c) A service provider participating in the program may not
be required to provide all services listed under Subsection (b).
(d) A network contractor may provide housing services under
Subsection (b)(7) through a maternity home.
(e) The commission or network contractors may not provide
family planning services through the network.
Sec. 54.004. ELIGIBILITY. Program services are available
to a resident of this state who is:
(1) a pregnant woman;
(2) the biological father of an unborn child;
(3) the biological parent of a child who is 36 months
of age or younger;
(4) an adoptive parent of a child who is 36 months of
age or younger;
(5) an approved adoptive parent of an unborn child;
(6) a former participant who has experienced the loss
of a child;
(7) a parent or legal guardian of a pregnant minor who
is a program client;
(8) the parent, legal guardian, or adult caregiver of
a child who is 36 months of age or younger; and
(9) a parent who experienced a miscarriage or loss of a
child not more than 90 days before the parent begins participation
in the services offered through the program.
Sec. 54.005. PROVISION OF SERVICES. (a) The commission and
its network contractors shall contract with service providers to
assess the needs of the participants and implement a plan to provide
services to address the participants' most critical needs.
(b) A service provider participating in the program may
refer a program client to a service provider not participating in
the program for medical services otherwise covered by the program.
Services received through a referral under this subsection may not
be paid for using program funds.
Sec. 54.006. PERFORMANCE OUTCOMES. (a) The commission and
its network contractors may contract only with service providers
whose performance outcomes include:
(1) improving healthy pregnancy and childbirth
outcomes;
(2) improving child health and development;
(3) assisting families in achieving economic
self-sufficiency and stability;
(4) increasing workforce participation; or
(5) promoting marriage and family formation for
participating parents.
(b) The commission shall identify indicators to measure the
performance outcomes under Subsection (a) and require periodic
reporting on the outcomes by network contractors and participating
service providers.
Sec. 54.007. IMPACT EVALUATION. (a) The commission shall
periodically conduct impact evaluations to measure the effects of
services on participants receiving services through the program and
to report on measured performance outcomes.
(b) The commission shall contract with an external third
party to perform impact evaluations under this chapter.
(c) The commission shall select the impact evaluator
through a competitive bidding process. The evaluator must have a
demonstrated history in evaluating social services programs using
an integrated holistic impact approach and data modeling.
(d) The commission may not enter into an interagency
agreement to conduct an evaluation under this section.
Sec. 54.008. REPORTS; AUDITS. (a) The commission shall
compile reports provided by network contractors and service
providers under Section 54.006 and audit a sampling of the reports
to ensure validity.
(b) The commission shall annually issue a report that
includes:
(1) the total number of network contractors and
service providers, sorted by geographical region served;
(2) the total number of individuals served by each
provider, sorted by age and sex;
(3) the total amount of expenditures, sorted by method
of finance;
(4) the value of the contracts with each network
contractor and service provider;
(5) any outcome measures reported to the commission by
network contractors and service providers;
(6) any performance outcomes reported to the
commission under Section 54.006; and
(7) the results of any impact evaluation conducted
under Section 54.007.
Sec. 54.009. RULES. (a) The executive commissioner may
adopt rules to implement this chapter.
(b) The executive commissioner may not adopt a rule that
violates Chapter 110, Civil Practice and Remedies Code, or Chapter
45, Human Resources Code.
Sec. 54.010. PROHIBITED CONTRACT TERMS. A contract under
this chapter may not include a provision that violates Chapter 110,
Civil Practice and Remedies Code, or Chapter 45, Human Resources
Code.
Sec. 54.011. FUNDING. (a) The commission shall, to the
greatest extent possible, seek private funding to supplement and
match funding provided through the program.
(b) The commission or a service provider may not:
(1) use funding provided through the program to
perform, induce, assist, or refer an abortion; or
(2) grant funds to an abortion provider or an
affiliate of an abortion provider.
(c) The commission may not use more than three percent of
funding allocated to the program to:
(1) administer the program; and
(2) procure evaluator services under Section 54.007.
SECTION 15. Section 118.022(b), Local Government Code, is
amended to read as follows:
(b) The comptroller shall deposit the money received under
Subsection (a)(1) to the credit of the child abuse and neglect
prevention trust fund account established under Section 137.054
[40.105], Human Resources Code.
SECTION 16. (a) On September 1, 2024, all powers, duties,
functions, programs, employees, administrative support services,
contracts, property, records, and other resources necessary to
comply with this Act are transferred from the Department of Family
and Protective Services to the Health and Human Services
Commission, including the operating fund and trust fund under
Subchapter B, Chapter 137, Human Resources Code, as amended by this
Act.
(b) The Health and Human Services Commission shall, not
later than September 1, 2025, develop and implement its initial
five-year strategic plan under Section 137.005, Human Resources
Code, as amended by this Act. The initial plan must additionally
include plans to develop and implement the system of family support
programs under Section 137.003(a)(2), Human Resources Code, as
amended by this Act.
(c) The Department of Family and Protective Services and the
Health and Human Services Commission shall ensure that children and
families receiving services under Chapter 265, Family Code, on the
effective date of this Act continue to receive services with
minimal disruption as the programs are transferred to the
commission.
SECTION 17. The following provisions of the Family Code are
repealed:
(1) the heading to Chapter 265;
(2) the heading to Subchapter D, Chapter 265; and
(3) Section 265.151.
SECTION 18. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 24 passed the Senate on
March 27, 2023, by the following vote: Yeas 23, Nays 7; and that
the Senate concurred in House amendments on May 25, 2023, by the
following vote: Yeas 24, Nays 7.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 24 passed the House, with
amendments, on May 22, 2023, by the following vote: Yeas 124,
Nays 22, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor