| 1 | 1 | | 81R11320 MCK-D |
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| 2 | 2 | | By: Rose H.B. No. 3370 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the privatization of certain child protective services |
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| 8 | 8 | | functions of the Department of Family and Protective Services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 264.106, Family Code, is amended by |
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| 11 | 11 | | adding Subsection (d) and amending Subsection (e) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) Before entering into a contract under this section, the |
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| 14 | 14 | | department must develop a transition plan for the transfer of |
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| 15 | 15 | | department functions that will be provided by a contractor. |
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| 16 | 16 | | (e) In addition to the requirements of Section 40.058(b), |
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| 17 | 17 | | Human Resources Code, a contract authorized under this section must |
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| 18 | 18 | | include provisions that: |
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| 19 | 19 | | (1) enable the department to monitor the effectiveness |
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| 20 | 20 | | of the services; |
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| 21 | 21 | | (2) specify performance outcomes; |
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| 22 | 22 | | (3) authorize the department to terminate the contract |
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| 23 | 23 | | or impose sanctions for a violation of a provision of the contract |
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| 24 | 24 | | that specifies performance criteria; |
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| 25 | 25 | | (4) ensure that a private agency that is providing |
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| 26 | 26 | | substitute care or case management services for a child shall |
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| 27 | 27 | | provide to the child's attorney ad litem and guardian ad litem |
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| 28 | 28 | | access to the agency's information and records relating to the |
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| 29 | 29 | | child; |
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| 30 | 30 | | (5) authorize the department, an agent of the |
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| 31 | 31 | | department, and the state auditor to inspect all books, records, |
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| 32 | 32 | | and files maintained by a contractor relating to the contract; |
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| 33 | 33 | | [and] |
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| 34 | 34 | | (6) provide that the law applicable to the department |
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| 35 | 35 | | in performing substitute care or case management services applies |
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| 36 | 36 | | to the contractor performing those functions under the contract; |
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| 37 | 37 | | (7) limit the number of cases for which a caseworker of |
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| 38 | 38 | | the contractor may be responsible; |
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| 39 | 39 | | (8) outline the manner in which the department and the |
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| 40 | 40 | | contractor shall communicate information regarding a case; and |
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| 41 | 41 | | (9) the department determines are necessary to ensure |
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| 42 | 42 | | accountability for the delivery of services and for the expenditure |
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| 43 | 43 | | of public funds. |
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| 44 | 44 | | SECTION 2. Section 45.002(a), Human Resources Code, is |
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| 45 | 45 | | amended to read as follows: |
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| 46 | 46 | | (a) Not later than September 1, 2010 [2008], the department |
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| 47 | 47 | | shall contract with one or more providers of case management |
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| 48 | 48 | | services in one or more geographic areas of the state as provided by |
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| 49 | 49 | | Section 264.106, Family Code, with a goal of contracting for those |
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| 50 | 50 | | services in five percent of the cases in this state. |
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| 51 | 51 | | SECTION 3. Subchapter B, Chapter 45, Human Resources Code, |
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| 52 | 52 | | is amended by adding Section 45.055 to read as follows: |
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| 53 | 53 | | Sec. 45.055. REPORT TO LEGISLATURE. Not later than the |
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| 54 | 54 | | second anniversary of the date the department enters into a |
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| 55 | 55 | | contract under this chapter, the department shall submit a report |
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| 56 | 56 | | to the lieutenant governor, the speaker of the house of |
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| 57 | 57 | | representatives, and the standing committee of each house of the |
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| 58 | 58 | | legislature with primary jurisdiction over child protective |
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| 59 | 59 | | services issues that summarizes the department's experience with |
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| 60 | 60 | | having a private contractor provide case management or substitute |
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| 61 | 61 | | care services. The report may include any recommendations for |
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| 62 | 62 | | legislation the department considers appropriate. |
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| 63 | 63 | | SECTION 4. Section 45.153, Human Resources Code, is amended |
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| 64 | 64 | | to read as follows: |
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| 65 | 65 | | Sec. 45.153. EXPIRATION. This chapter expires September 1, |
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| 66 | 66 | | 2014 [2012]. |
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| 67 | 67 | | SECTION 5. This Act takes effect September 1, 2009. |
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