By: Corte H.B. No. 3492
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program for the provision of certain child
protective services functions of the Department of Family and
Protective Services by a private entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 45, Human Resources Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. BEXAR COUNTY PILOT PROJECT
Sec. 45.201. DEFINITIONS. In this subchapter:
(1) "Board" means the community board established
under Section 45.202.
(2) "Lead agency" means the agency awarded the
contract to provide case management services in Bexar County under
this subchapter.
Sec. 45.202. COMMUNITY BOARD. The board is composed of the
following members appointed by the Bexar County commissioners
court:
(1) the chairperson of the Bexar County child welfare
board;
(2) the director of the City of San Antonio Department
of Community Initiatives;
(3) the director of the Bexar County Department of
Community Investment;
(4) the executive director of the San Antonio
Nonprofit Council;
(5) the executive director of Voices for Children,
Inc.;
(6) a representative of the business community;
(7) a representative of the faith community; and
(8) an individual who was a child in foster care in
Bexar County.
Sec. 45.203. SELECTION OF LEAD AGENCY; REQUEST FOR
PROPOSAL. (a) The board, with assistance from the department,
shall select the lead agency through a competitive bidding process.
(b) The board shall develop a request for proposal for a
contract to provide case management services in Bexar County. The
board may contract with a public or private institution of higher
education or another public or private organization to develop the
request for proposal.
(c) In preparing the request for proposal, the board shall
use previous requests for proposal for case management services
providers as a model.
(d) The request for proposal for the lead agency must
include:
(1) performance outcomes for the lead agency;
(2) clearly defined standards for meeting performance
outcomes;
(3) requirements for the lead agency to build
wrap-around services within the county, including development of
services that may not currently exist within the county;
(4) a clear explanation that the lead agency's failure
to exceed certain performance outcomes may be construed as a breach
of the contract and, if corrective action is not taken within a
reasonable time, result in removal of the lead agency; and
(5) a contingency plan in the event the lead agency is
released from the contract for nonperformance.
(e) The board shall publish notice of the request for
proposal.
Sec. 45.204. LEAD AGENCY CONTRACT. The contract with the
lead agency for the provision of case management services must:
(1) require the lead agency to:
(A) perform caseworker-child visits and family
visits;
(B) convene family group conferences;
(C) develop and revise the case plan;
(D) coordinate and monitor services needed by the
child and family;
(E) assume court-related duties, including
preparing court reports, attending judicial hearings and
permanency hearings, and ensuring that the child is progressing
toward permanency as provided by state and federal law; and
(F) provide all family-based safety services,
including:
(i) services designed to assist families,
including adoptive and extended families, who are at risk or in
crisis;
(ii) preventive services designed to help a
child at risk of foster care placement remain safely with the
child's family; and
(iii) services designed to help a child
return, when the return is safe and appropriate, to the family from
which the child was removed; and
(2) include a provision providing for the advance
payment of part of the contract proceeds to cover the lead agency's
start-up costs.
Sec. 45.205. LEAD AGENCY PROVIDER NETWORK. The lead agency
shall develop and maintain a provider network that includes
providers of services.
Sec. 45.206. DUTIES OF DEPARTMENT; INVESTIGATION OF ABUSE
OR NEGLECT REPORT. (a) The department shall conduct an initial
investigation of a report of abuse or neglect to determine whether
abuse or neglect has occurred and whether to remove a child from the
child's parent or guardian.
(b) If the department determines that abuse or neglect has
not occurred, the department shall close the case.
(c) If the department determines there is reason to believe
that abuse or neglect has occurred but does not warrant the removal
of the child, the department shall refer the case to the lead
agency.
(d) If the department determines there is reason to believe
that abuse or neglect has occurred and that removal of the child
from the parent or guardian is warranted, the department shall
petition the court for removal.
Sec. 45.207. REFERRAL OF CASE TO LEAD AGENCY. (a) On
referral of a case by the department to the lead agency under
Section 45.206(c), the lead agency shall determine the type of case
management services the family needs, and shall provide those
services.
(b) If during the course of providing case management
services to a family under this section, the lead agency has reason
to believe that removal of the child from the child's parent or
guardian may be warranted, the lead agency shall notify the
department to review the case.
(c) On receipt of notice under Subsection (b), the
department shall conduct another investigation, and if the
department determines there is reason to believe that removal of
the child is warranted, the lead agency and the department shall
jointly petition the court for removal of the child from the legal
parent or guardian.
Sec. 45.208. EFFECT OF REMOVAL. On removal of a child from
the child's legal parent or guardian, the lead agency shall place
the child in substitute care and provide case management services
for the child.
Sec. 45.209. POLICIES AND PROCEDURES OF LEAD AGENCY. (a)
The lead agency shall adopt policies and procedures to implement
this subchapter. The lead agency's policies and procedures are
subject to board approval.
(b) All policies and procedures adopted by the lead agency
under this section must comply with:
(1) state and federal laws and rules;
(2) national accreditation standards; and
(3) all child-care licensing standards and child
placing standards.
(c) Until the lead agency's policies and procedures are
approved by the board, the lead agency shall operate under the rules
and procedures established by the department.
(d) For purposes of providing case management services, the
lead agency has the same rights and duties provided by law to the
department.
Sec. 45.210. SELECTION OF INDEPENDENT EVALUATOR. Through a
competitive bidding process, the board and the department shall
jointly select a person to act as an independent evaluator of the
lead agency.
Sec. 45.211. FAILURE TO MEET PERFORMANCE OUTCOMES;
CANCELLATION. (a) If the board determines that the lead agency has
failed to meet the performance outcomes specified in the contract,
the board and lead agency shall negotiate a corrective action plan
to improve the lead agency's performance.
(b) If the board determines that the lead agency continues
to fail to meet the performance outcomes specified in the contract
and by the corrective action plan established under Subsection (a),
the board may terminate the contract with the lead agency.
Sec. 45.212. FUNDING. (a) The comptroller shall determine
the percentage of the department's budget the department spent
providing case management services in Bexar County during the
preceding fiscal biennium. In determining the costs attributable
to providing case management services in Bexar County, the
comptroller shall include:
(1) salaries and benefits of department employees
providing case management services in Bexar County;
(2) the costs to operate the department's offices in
Bexar County;
(3) the cost of providing contracted services, family
preservation services, financial support, information technology,
human resources, operations support, service funds, revenue
maximization staff, and recruitment and foster parent support in
Bexar County; and
(4) a portion of the department's operating costs
attributable to operating the department's headquarters in Austin.
(b) Based on the comptroller's determination under
Subsection (a), the department shall set aside the percentage of
the department's appropriation for the state fiscal biennium
beginning September 1, 2009, the department would spend to provide
case management services in Bexar County to pay for case management
services provided under the contract with the lead agency.
(c) The department may not spend the portion of the
department's budget that is set aside for Bexar County for any other
purpose.
(d) The department shall pay the lead agency $3.5 million to
fund the lead agency's start-up costs.
SECTION 2. In implementing the pilot program required by
Subchapter E, Chapter 45, Human Resources Code, as added by this
Act, the community board established under Section 45.202, Human
Resources Code, as added by this Act, shall meet the following
deadlines:
(1) the board shall complete the request for proposal
for a lead agency not later than October 15, 2009;
(2) if the board contracts with an institution of
higher education or another organization to prepare the request for
proposal, the institution of higher education or organization shall
submit the request for proposal to the board not later than October
15, 2009;
(3) the board shall publish the request for proposal
not later than October 16, 2009;
(4) all bid proposals must be submitted to the board
not later than November 16, 2009;
(5) the board shall announce the lead agency not later
than November 30, 2009;
(6) the board shall enter into a contract with the lead
agency not later than December 4, 2009;
(7) the lead agency shall assume responsibility for
providing case management services from the department not later
than September 6, 2010;
(8) the independent evaluator shall begin the first
assessment of the lead agency on January 2, 2011;
(9) the independent evaluator shall submit its
evaluation to the board not later than February 7, 2011; and
(10) the board shall submit the independent
evaluator's evaluation to the Department of Family and Protective
Services and legislative oversight committees not later than
February 8, 2011.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.