82R2234 MCK-F
By: Nelson S.B. No. 218
A BILL TO BE ENTITLED
AN ACT
relating to procedures in certain suits affecting the parent-child
relationship and the operation of the child protective services and
foster care systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.0071(e-1), Family Code, is amended
to read as follows:
(e-1) Notwithstanding Subsections (d) and (e), a court may
decline to enter a judgment on a mediated settlement agreement if
the court finds that:
(1) a party to the agreement was a victim of family
violence, and that circumstance impaired the party's ability to
make decisions; or [and]
(2) the agreement is not in the child's best interest.
SECTION 2. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3013 to read as follows:
Sec. 261.3013. CASE CLOSURE AGREEMENTS PROHIBITED. (a)
Except as provided by Subsection (b), on closing a case, the
department may not enter into a written agreement with a child's
parent or another adult with whom the child resides that requires
the parent or other adult to take certain actions after the case is
closed to ensure the child's safety.
(b) This section does not apply to an agreement that is:
(1) entered into following the removal of a child; and
(2) subject to the approval of a court with continuing
jurisdiction over the child.
SECTION 3. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.010 to read as follows:
Sec. 262.010. POSITIVE TEST FOR SEXUALLY TRANSMITTED
DISEASE. (a) If, during an investigation by the Department of
Family and Protective Services, a child younger than 11 years of age
tests positive for a sexually transmitted disease, the department
shall file an original suit requesting an emergency order under
this chapter for possession of the child unless the department
determines:
(1) based on medical evidence, that a finding of
sexual abuse of the child is not supported; or
(2) after interviewing the child, that the perpetrator
of the abuse was not a parent of the child or another adult living in
the same home as the child.
(b) In a suit filed under Subsection (a), the court shall
order the parents of the child, each adult living in the same home
as the child, and any caregiver who is an alleged perpetrator of
sexual abuse of the child to undergo medically appropriate
diagnostic testing for sexually transmitted diseases. If a parent
or an adult living in the same home as the child refuses to submit to
the court-ordered testing, the court shall render an appropriate
order naming the department as managing conservator of the child
and making any other order the court determines necessary to
protect the child.
SECTION 4. Section 262.1015, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), if the Department of
Family and Protective Services determines that a protective order
issued under Title 4 provides a reasonable alternative to obtaining
an order under that subsection, the department may:
(1) file an application for a protective order on
behalf of the child instead of or in addition to obtaining a
temporary restraining order under this section; or
(2) assist a parent or other adult with whom a child
resides in obtaining a protective order.
SECTION 5. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1062 to read as follows:
Sec. 264.1062. PUBLISHING PERFORMANCE DATA FOR PERSONS WHO
PROVIDE SUBSTITUTE CARE SERVICES. The department shall publish on
the department's Internet website performance data for each person
providing substitute care services under a contract with the
department.
SECTION 6. Section 264.118(a), Family Code, is amended to
read as follows:
(a) The department shall collect and report service and
outcome information for certain current and former foster care
youth for use in the National Youth in Transition Database as
required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80
et seq [conduct an annual random survey of a sample of children from
each region of the state who are at least 14 years of age and who
receive substitute care services. The survey must include
questions regarding:
[(1) the quality of the substitute care services
provided to the child;
[(2) any improvements that could be made to better
support the child; and
[(3) any other factor that the department considers
relevant to enable the department to identify potential program
enhancements].
SECTION 7. Section 40.036, Human Resources Code, is amended
to read as follows:
Sec. 40.036. ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES
CASEWORKERS. To improve the quality and consistency of training
provided to child protective services caseworkers, the department
shall:
(1) augment classroom-based training with a blended
learning environment using computer-based modules, structured
field experience, and simulation for skills development;
(2) use a core curriculum for all new department
caseworkers and specialized training for specific jobs;
(3) require that department caseworkers transferring
from one specialty to another must complete the core curriculum and
advanced training for the new specialty before assuming their new
responsibilities; [and]
(4) centralize accountability and oversight of all
department training in order to ensure statewide consistency; and
(5) require department caseworkers to receive
training relating to the benefits of using a protective order under
Title 4, Family Code, to protect a child as an alternative to
removing the child from the child's home.
SECTION 8. Subchapter I, Chapter 521, Transportation Code,
is amended by adding Section 521.1811 to read as follows:
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CARE YOUTH. A
person is exempt from the payment of any fee for the issuance of a
driver's license, as provided under this chapter, if that person
is:
(1) younger than 18 years of age and in the managing
conservatorship of the Department of Family and Protective
Services; or
(2) at least 18 years of age, but younger than 21 years
of age, and resides in a foster care placement, the cost of which is
paid by the Department of Family and Protective Services.
SECTION 9. (a) The Department of Family and Protective
Services shall implement a redesign of the foster care system, in
accordance with the recommendations contained in the department's
December 2010 Foster Care Redesign report submitted to the
legislature.
(b) The goal of the foster care system redesign is to
improve outcomes for children and families by ensuring that:
(1) a child is placed in the child's home community so
that the child is able to maintain personal connections and
educational continuity;
(2) a child is placed in the least restrictive setting
that meets the child's needs;
(3) a child is served by a provider who will ensure the
full continuum of care in a designated geographic area, supporting
minimal placement moves and decreased placement disruptions;
(4) a child is placed with the child's siblings
whenever safe and appropriate;
(5) a child's culture will be respected;
(6) a child is provided opportunities, experiences,
and activities similar to those experienced by children who are not
in foster care; and
(7) a child is provided opportunities to participate
in decisions that impact the child's life.
(c) The Health and Human Services Commission may use payment
rates for foster care under the redesigned system that are
different from those used on the effective date of this Act for
24-hour residential child care. Payment rates for foster care
under the redesigned system must be based on performance targets
and may include incentive payments for superior performance, as
well as funding for additional services provided to families not
historically included in 24-hour residential child-care rates.
Payment rates under foster care redesign may not result in total
expenditures for any fiscal year that exceed the amounts
appropriated for fiscal year 2012 by the 82nd Legislature for
foster care and other purchased services, except to the extent that
any increase in total expenditures is the direct result of caseload
growth.
(d) The Department of Family and Protective Services may
phase in the implementation of the foster care redesign over a
reasonable time, during which the department may continue to
reimburse some foster care providers under the 24-hour residential
child-care rates in effect on the effective date of this Act, while
using alternative payment rates for other foster care providers
during the phase-in period for implementation of the foster care
redesign.
(e) Not later than December 1, 2012, the Department of
Family and Protective Services shall submit a status report on the
implementation of this section to the Senate Finance Committee, the
Senate Committee on Health and Human Services, the House Committee
on Appropriations, the House Human Services Committee, the
Legislative Budget Board, and the governor. The report must
include the department's findings and any recommendations for
improvements to the system.
SECTION 10. This Act takes effect September 1, 2011.