TX
Texas House Bill HB3492

Texas 2009 - 81st Regular

Texas House Bill HB3492 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 By: Corte H.B. No. 3492
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to a pilot program for the provision of certain child
77 protective services functions of the Department of Family and
88 Protective Services by a private entity.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 45, Human Resources Code, is amended by
1111 adding Subchapter E to read as follows:
1212 SUBCHAPTER E. BEXAR COUNTY PILOT PROJECT
1313 Sec. 45.201. DEFINITIONS. In this subchapter:
1414 (1) "Board" means the community board established
1515 under Section 45.202.
1616 (2) "Lead agency" means the agency awarded the
1717 contract to provide case management services in Bexar County under
1818 this subchapter.
1919 Sec. 45.202. COMMUNITY BOARD. The board is composed of the
2020 following members appointed by the Bexar County commissioners
2121 court:
2222 (1) the chairperson of the Bexar County child welfare
2323 board;
2424 (2) the director of the City of San Antonio Department
2525 of Community Initiatives;
2626 (3) the director of the Bexar County Department of
2727 Community Investment;
2828 (4) the executive director of the San Antonio
2929 Nonprofit Council;
3030 (5) the executive director of Voices for Children,
3131 Inc.;
3232 (6) a representative of the business community;
3333 (7) a representative of the faith community; and
3434 (8) an individual who was a child in foster care in
3535 Bexar County.
3636 Sec. 45.203. SELECTION OF LEAD AGENCY; REQUEST FOR
3737 PROPOSAL. (a) The board, with assistance from the department,
3838 shall select the lead agency through a competitive bidding process.
3939 (b) The board shall develop a request for proposal for a
4040 contract to provide case management services in Bexar County. The
4141 board may contract with a public or private institution of higher
4242 education or another public or private organization to develop the
4343 request for proposal.
4444 (c) In preparing the request for proposal, the board shall
4545 use previous requests for proposal for case management services
4646 providers as a model.
4747 (d) The request for proposal for the lead agency must
4848 include:
4949 (1) performance outcomes for the lead agency;
5050 (2) clearly defined standards for meeting performance
5151 outcomes;
5252 (3) requirements for the lead agency to build
5353 wrap-around services within the county, including development of
5454 services that may not currently exist within the county;
5555 (4) a clear explanation that the lead agency's failure
5656 to exceed certain performance outcomes may be construed as a breach
5757 of the contract and, if corrective action is not taken within a
5858 reasonable time, result in removal of the lead agency; and
5959 (5) a contingency plan in the event the lead agency is
6060 released from the contract for nonperformance.
6161 (e) The board shall publish notice of the request for
6262 proposal.
6363 Sec. 45.204. LEAD AGENCY CONTRACT. The contract with the
6464 lead agency for the provision of case management services must:
6565 (1) require the lead agency to:
6666 (A) perform caseworker-child visits and family
6767 visits;
6868 (B) convene family group conferences;
6969 (C) develop and revise the case plan;
7070 (D) coordinate and monitor services needed by the
7171 child and family;
7272 (E) assume court-related duties, including
7373 preparing court reports, attending judicial hearings and
7474 permanency hearings, and ensuring that the child is progressing
7575 toward permanency as provided by state and federal law; and
7676 (F) provide all family-based safety services,
7777 including:
7878 (i) services designed to assist families,
7979 including adoptive and extended families, who are at risk or in
8080 crisis;
8181 (ii) preventive services designed to help a
8282 child at risk of foster care placement remain safely with the
8383 child's family; and
8484 (iii) services designed to help a child
8585 return, when the return is safe and appropriate, to the family from
8686 which the child was removed; and
8787 (2) include a provision providing for the advance
8888 payment of part of the contract proceeds to cover the lead agency's
8989 start-up costs.
9090 Sec. 45.205. LEAD AGENCY PROVIDER NETWORK. The lead agency
9191 shall develop and maintain a provider network that includes
9292 providers of services.
9393 Sec. 45.206. DUTIES OF DEPARTMENT; INVESTIGATION OF ABUSE
9494 OR NEGLECT REPORT. (a) The department shall conduct an initial
9595 investigation of a report of abuse or neglect to determine whether
9696 abuse or neglect has occurred and whether to remove a child from the
9797 child's parent or guardian.
9898 (b) If the department determines that abuse or neglect has
9999 not occurred, the department shall close the case.
100100 (c) If the department determines there is reason to believe
101101 that abuse or neglect has occurred but does not warrant the removal
102102 of the child, the department shall refer the case to the lead
103103 agency.
104104 (d) If the department determines there is reason to believe
105105 that abuse or neglect has occurred and that removal of the child
106106 from the parent or guardian is warranted, the department shall
107107 petition the court for removal.
108108 Sec. 45.207. REFERRAL OF CASE TO LEAD AGENCY. (a) On
109109 referral of a case by the department to the lead agency under
110110 Section 45.206(c), the lead agency shall determine the type of case
111111 management services the family needs, and shall provide those
112112 services.
113113 (b) If during the course of providing case management
114114 services to a family under this section, the lead agency has reason
115115 to believe that removal of the child from the child's parent or
116116 guardian may be warranted, the lead agency shall notify the
117117 department to review the case.
118118 (c) On receipt of notice under Subsection (b), the
119119 department shall conduct another investigation, and if the
120120 department determines there is reason to believe that removal of
121121 the child is warranted, the lead agency and the department shall
122122 jointly petition the court for removal of the child from the legal
123123 parent or guardian.
124124 Sec. 45.208. EFFECT OF REMOVAL. On removal of a child from
125125 the child's legal parent or guardian, the lead agency shall place
126126 the child in substitute care and provide case management services
127127 for the child.
128128 Sec. 45.209. POLICIES AND PROCEDURES OF LEAD AGENCY. (a)
129129 The lead agency shall adopt policies and procedures to implement
130130 this subchapter. The lead agency's policies and procedures are
131131 subject to board approval.
132132 (b) All policies and procedures adopted by the lead agency
133133 under this section must comply with:
134134 (1) state and federal laws and rules;
135135 (2) national accreditation standards; and
136136 (3) all child-care licensing standards and child
137137 placing standards.
138138 (c) Until the lead agency's policies and procedures are
139139 approved by the board, the lead agency shall operate under the rules
140140 and procedures established by the department.
141141 (d) For purposes of providing case management services, the
142142 lead agency has the same rights and duties provided by law to the
143143 department.
144144 Sec. 45.210. SELECTION OF INDEPENDENT EVALUATOR. Through a
145145 competitive bidding process, the board and the department shall
146146 jointly select a person to act as an independent evaluator of the
147147 lead agency.
148148 Sec. 45.211. FAILURE TO MEET PERFORMANCE OUTCOMES;
149149 CANCELLATION. (a) If the board determines that the lead agency has
150150 failed to meet the performance outcomes specified in the contract,
151151 the board and lead agency shall negotiate a corrective action plan
152152 to improve the lead agency's performance.
153153 (b) If the board determines that the lead agency continues
154154 to fail to meet the performance outcomes specified in the contract
155155 and by the corrective action plan established under Subsection (a),
156156 the board may terminate the contract with the lead agency.
157157 Sec. 45.212. FUNDING. (a) The comptroller shall determine
158158 the percentage of the department's budget the department spent
159159 providing case management services in Bexar County during the
160160 preceding fiscal biennium. In determining the costs attributable
161161 to providing case management services in Bexar County, the
162162 comptroller shall include:
163163 (1) salaries and benefits of department employees
164164 providing case management services in Bexar County;
165165 (2) the costs to operate the department's offices in
166166 Bexar County;
167167 (3) the cost of providing contracted services, family
168168 preservation services, financial support, information technology,
169169 human resources, operations support, service funds, revenue
170170 maximization staff, and recruitment and foster parent support in
171171 Bexar County; and
172172 (4) a portion of the department's operating costs
173173 attributable to operating the department's headquarters in Austin.
174174 (b) Based on the comptroller's determination under
175175 Subsection (a), the department shall set aside the percentage of
176176 the department's appropriation for the state fiscal biennium
177177 beginning September 1, 2009, the department would spend to provide
178178 case management services in Bexar County to pay for case management
179179 services provided under the contract with the lead agency.
180180 (c) The department may not spend the portion of the
181181 department's budget that is set aside for Bexar County for any other
182182 purpose.
183183 (d) The department shall pay the lead agency $3.5 million to
184184 fund the lead agency's start-up costs.
185185 SECTION 2. In implementing the pilot program required by
186186 Subchapter E, Chapter 45, Human Resources Code, as added by this
187187 Act, the community board established under Section 45.202, Human
188188 Resources Code, as added by this Act, shall meet the following
189189 deadlines:
190190 (1) the board shall complete the request for proposal
191191 for a lead agency not later than October 15, 2009;
192192 (2) if the board contracts with an institution of
193193 higher education or another organization to prepare the request for
194194 proposal, the institution of higher education or organization shall
195195 submit the request for proposal to the board not later than October
196196 15, 2009;
197197 (3) the board shall publish the request for proposal
198198 not later than October 16, 2009;
199199 (4) all bid proposals must be submitted to the board
200200 not later than November 16, 2009;
201201 (5) the board shall announce the lead agency not later
202202 than November 30, 2009;
203203 (6) the board shall enter into a contract with the lead
204204 agency not later than December 4, 2009;
205205 (7) the lead agency shall assume responsibility for
206206 providing case management services from the department not later
207207 than September 6, 2010;
208208 (8) the independent evaluator shall begin the first
209209 assessment of the lead agency on January 2, 2011;
210210 (9) the independent evaluator shall submit its
211211 evaluation to the board not later than February 7, 2011; and
212212 (10) the board shall submit the independent
213213 evaluator's evaluation to the Department of Family and Protective
214214 Services and legislative oversight committees not later than
215215 February 8, 2011.
216216 SECTION 3. This Act takes effect immediately if it receives
217217 a vote of two-thirds of all the members elected to each house, as
218218 provided by Section 39, Article III, Texas Constitution. If this
219219 Act does not receive the vote necessary for immediate effect, this
220220 Act takes effect September 1, 2009.