81R11320 MCK-D
By: Rose H.B. No. 3370
A BILL TO BE ENTITLED
AN ACT
relating to the privatization of certain child protective services
functions of the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.106, Family Code, is amended by
adding Subsection (d) and amending Subsection (e) to read as
follows:
(d) Before entering into a contract under this section, the
department must develop a transition plan for the transfer of
department functions that will be provided by a contractor.
(e) In addition to the requirements of Section 40.058(b),
Human Resources Code, a contract authorized under this section must
include provisions that:
(1) enable the department to monitor the effectiveness
of the services;
(2) specify performance outcomes;
(3) authorize the department to terminate the contract
or impose sanctions for a violation of a provision of the contract
that specifies performance criteria;
(4) ensure that a private agency that is providing
substitute care or case management services for a child shall
provide to the child's attorney ad litem and guardian ad litem
access to the agency's information and records relating to the
child;
(5) authorize the department, an agent of the
department, and the state auditor to inspect all books, records,
and files maintained by a contractor relating to the contract;
[and]
(6) provide that the law applicable to the department
in performing substitute care or case management services applies
to the contractor performing those functions under the contract;
(7) limit the number of cases for which a caseworker of
the contractor may be responsible;
(8) outline the manner in which the department and the
contractor shall communicate information regarding a case; and
(9) the department determines are necessary to ensure
accountability for the delivery of services and for the expenditure
of public funds.
SECTION 2. Section 45.002(a), Human Resources Code, is
amended to read as follows:
(a) Not later than September 1, 2010 [2008], the department
shall contract with one or more providers of case management
services in one or more geographic areas of the state as provided by
Section 264.106, Family Code, with a goal of contracting for those
services in five percent of the cases in this state.
SECTION 3. Subchapter B, Chapter 45, Human Resources Code,
is amended by adding Section 45.055 to read as follows:
Sec. 45.055. REPORT TO LEGISLATURE. Not later than the
second anniversary of the date the department enters into a
contract under this chapter, the department shall submit a report
to the lieutenant governor, the speaker of the house of
representatives, and the standing committee of each house of the
legislature with primary jurisdiction over child protective
services issues that summarizes the department's experience with
having a private contractor provide case management or substitute
care services. The report may include any recommendations for
legislation the department considers appropriate.
SECTION 4. Section 45.153, Human Resources Code, is amended
to read as follows:
Sec. 45.153. EXPIRATION. This chapter expires September 1,
2014 [2012].
SECTION 5. This Act takes effect September 1, 2009.