81R8257 UM-D By: Lucio S.B. No. 1613 A BILL TO BE ENTITLED AN ACT relating to establishing an Early Childhood Behavioral Consultation Grant Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 3, Human Resources Code, is amended by adding Chapter 75 to read as follows: CHAPTER 75. EARLY CHILDHOOD BEHAVIORAL CONSULTATION GRANT PROGRAM Sec. 75.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Office" means the commission's Office of Early Childhood Coordination. Sec. 75.002. EARLY CHILDHOOD BEHAVIORAL CONSULTATION GRANT PROGRAM. (a) The commission shall establish a grant program and award grants for the implementation of programs to provide early childhood behavioral consultation services to certain licensed child-care facilities. (b) The office shall administer the grant program and award grants to applicants in a manner that ensures that the programs operate in multiple communities that are geographically diverse. Sec. 75.003. PROGRAM REQUIREMENTS. A program funded by a grant awarded under this chapter must: (1) employ an early childhood behavioral consultant who: (A) holds a degree, credential, or certification related to early childhood services considered appropriate by the grantee in accordance with the guidance of the office; (B) provides to child-care providers services designed to: (i) increase and expand providers' knowledge regarding the provision of safe and developmentally appropriate care to children less than three years of age; (ii) increase the child-care staff's ability to appropriately address challenging behaviors; (iii) increase the competencies of caregivers and parents of at-risk children in child-care settings; (iv) improve the social, emotional, and behavioral functioning of at-risk children in child-care settings; and (v) prevent young children who display challenging or atypical behaviors from being removed from their child-care settings; (C) provides additional appropriate services as necessary, that may include: (i) on-site consultations and technical assistance; (ii) program assessment; (iii) social-emotional screening or assessment; (iv) training for child-care providers and caregivers; (v) facilitating parent-provider conferences; (vi) facilitating parent and provider support groups; and (vii) linking providers and families to services and resources within the community; and (D) works with regional child-care licensing offices to identify and solicit voluntary participation of child-care providers in the program; and (2) facilitate or participate in a community-based coordinating group, comprised of persons in the region with expertise in early childhood services, including technical assistance and support services, that shall: (A) conduct a community assessment or environmental survey related to early childhood services in the region; (B) develop a strategic plan to improve the coordination and delivery of services and supports to child-care facilities and the children they serve; (C) assist in identifying potential early childhood behavioral consultants available to assist child-care providers; (D) promote the development of additional early childhood behavioral consultants in rural areas; (E) identify local funding and other community resources available to assist providers in improving the safety and quality of the care provided to young children; (F) identify challenges facing the regional population and identify and develop solutions to address those challenges; and (G) help educate parents about quality infant and toddler care. Sec. 75.004. APPLICATION FOR GRANT. (a) A public or private entity may apply for a grant. (b) An applicant must submit a written application to the office on a form prescribed by the office that requires the applicant to provide: (1) data on the number of child-care facilities located in the community in which the applicant proposes to operate; (2) a description of existing early childhood services available to child-care facilities in that community; (3) a description of existing child-care partnerships within the community in which the applicant proposes to operate; and (4) any other relevant information as determined by the office. Sec. 75.005. CONSIDERATIONS IN AWARDING GRANTS. (a) In determining whether to award a grant to an applicant, the office shall consider: (1) the demonstrated need for an early childhood behavioral consultation program in the community in which the applicant proposes to operate, as determined by: (A) the number of child-care facilities serving children less than three years of age; (B) the number of low-income children receiving subsidized child-care services; (C) the number of children retained in kindergarten, first grade, and second grade; and (D) the applicant's ability to participate in ongoing monitoring and performance evaluations, including the applicant's ability to collect and provide information requested by the office for evaluation purposes; (2) the applicant's demonstrated history of: (A) on-going relationships with the child-care provider population served; (B) support from the child-care provider community; (C) developing and sustaining innovative, high-quality programs that meet the needs of child-care providers and communities; and (D) conducting program assessments, on-site consultations, meetings, training, and quality improvement projects with the child-care provider community; and (3) the use of evidence-based, best practices within the applicant's program proposal. (b) The office may require an applicant to demonstrate the applicant's ability to match funds received through the grant program. The office shall consult with early childhood stakeholders in determining the level of matching required of applicants. Sec. 75.006. USE OF GRANT FUNDS. Grant funds awarded under this chapter may be used to pay only those costs related to implementing and operating an early childhood behavioral consultation program, including costs related to: (1) administering the program; (2) training and managing program consultants; (3) paying the salaries and expenses of program consultants; and (4) paying for services provided by outside consultants as needed. Sec. 75.007. PROGRAM MONITORING AND EVALUATION; ANNUAL REPORT. (a) The office shall adopt performance indicators that are designed to measure a grant recipient's performance with respect to program standards adopted by the office. (b) Not later than December 1 of each year, the office shall prepare and submit a report to the committees of the senate and house of representatives with primary jurisdiction over the commission. The report must address the performance of each grant recipient during the preceding state fiscal year with respect to providing early childhood behavioral consultation program services. Sec. 75.008. GRANT PROGRAM FUNDING. (a) The commission shall actively seek and apply for any available federal funds to assist in financing the grant program established under this chapter. (b) The commission 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 grant program. SECTION 2. (a) As required by Section 75.008(a), Human Resources Code, as added by this Act, the Health and Human Services Commission shall, as soon as practicable, apply for any available federal funds to assist in financing the early childhood behavioral consultation grant program under Chapter 75, Human Resources Code, as added by this Act. (b) Not later than December 1, 2010, the Health and Human Services Commission shall submit the initial annual report required by Section 75.007, Human Resources Code, as added by this Act. SECTION 3. This Act takes effect September 1, 2009.