By: Thompson of Harris (Senate Sponsor - Uresti) H.B. No. 2630
(In the Senate - Received from the House April 27, 2015;
May 4, 2015, read first time and referred to Committee on Health
and Human Services; May 22, 2015, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2630 By: Uresti
A BILL TO BE ENTITLED
AN ACT
relating to certain programs provided to families of children at
risk for abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.201(d), Family Code, is amended to
read as follows:
(d) The services may include in-home programs, parenting
skills training, youth coping skills, and individual and family
counseling. If the department requires or a court orders parenting
skills training services through a parenting education program, the
program must be an evidence-based or promising practice parenting
education program described by Section 265.101 that is provided in
the community in which the family resides, if available.
SECTION 2. Chapter 265, Family Code, is amended by
designating Sections 265.001, 265.002, 265.003, and 265.004 as
Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES
SECTION 3. Section 265.004, Family Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) To the extent that money is appropriated for the
purpose, the department shall fund evidence-based programs,
including parenting education, home visitation, family support
services, mentoring, positive youth development programs, and
crisis counseling, offered by community-based organizations that
are designed to prevent or ameliorate child abuse and neglect. The
[evidence-based] programs funded under this subsection may be
offered by a child welfare board established under Section 264.005,
a local governmental board granted the powers and duties of a child
welfare board under state law, [or] a children's advocacy center
established under Section 264.402, or other persons determined
appropriate by the department.
(a-1) The department shall ensure that not less than 75
percent of the money appropriated for parenting education programs
under Subsection (a) funds evidence-based programs described by
Section 265.101(b) and that the remainder of that money funds
promising practice programs described by Section 265.101(c).
(a-2) The department shall actively seek and apply for any
available federal funds to support parenting education programs
provided under this section.
SECTION 4. Subchapter A, Chapter 265, Family Code, as added
by this Act, is amended by adding Section 265.005 to read as
follows:
Sec. 265.005. STRATEGIC PLAN. (a) The department shall
develop and implement a five-year strategic plan for prevention and
early intervention services. Not later than September 1 of the last
fiscal year in each five-year period, the department shall issue a
new strategic plan for the next five fiscal years beginning with the
following fiscal year.
(b) A strategic plan required under this section must:
(1) identify methods to leverage other sources of
funding or provide support for existing community-based prevention
efforts;
(2) include a needs assessment that identifies
programs to best target the needs of the highest risk populations
and geographic areas;
(3) identify the goals and priorities for the
department's overall prevention efforts;
(4) report the results of previous prevention efforts
using available information in the plan;
(5) identify additional methods of measuring program
effectiveness and results or outcomes;
(6) identify methods to collaborate with other state
agencies on prevention efforts; and
(7) identify specific strategies to implement the plan
and to develop measures for reporting on the overall progress
toward the plan's goals.
(c) The department shall coordinate with interested parties
and communities in developing the strategic plan under this
section.
(d) The department shall annually update the strategic plan
developed under this section.
(e) The department shall post the strategic plan developed
under this section and any update to the plan on its Internet
website.
SECTION 5. Subchapter D, Chapter 40, Human Resources Code,
as amended by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, is transferred to Chapter 265, Family Code,
redesignated as Subchapter B, Chapter 265, Family Code, and amended
to read as follows:
SUBCHAPTER B [D]. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION
PROGRAMS
Sec. 265.051 [40.101]. DEFINITIONS. In this subchapter:
(1) "Children's trust fund" means a child abuse and
neglect primary prevention program.
(2) "Primary prevention" means services and
activities available to the community at large or to families to
prevent child abuse and neglect before it occurs. The term includes
infant mortality prevention education programs.
(3) "Operating fund" means the Department of Family
and Protective Services child abuse and neglect prevention
operating fund account.
(4) "State agency" means a board, commission,
department, office, or other state agency that:
(A) is in the executive branch of the state
government;
(B) was created by the constitution or a statute
of this state; and
(C) has statewide jurisdiction.
(5) "Trust fund" means the child abuse and neglect
prevention trust fund account.
Sec. 265.052 [40.102]. CHILD ABUSE AND NEGLECT PRIMARY
PREVENTION PROGRAMS. (a) The department shall operate the
children's trust fund to:
(1) set policy, offer resources for community primary
prevention programs, and provide information and education on
prevention of child abuse and neglect;
(2) develop a state plan for expending funds for child
abuse and neglect primary prevention programs that includes an
annual schedule of transfers of trust fund money to the operating
fund;
(3) develop eligibility criteria for applicants
requesting funding for child abuse and neglect primary prevention
programs; and
(4) establish funding priorities for child abuse and
neglect primary prevention programs.
(b) The children's trust fund shall accommodate the
department's existing rules and policies in procuring, awarding,
and monitoring contracts and grants.
(c) The department may:
(1) apply for and receive funds made available by the
federal government or another public or private source for
administering programs under this subchapter and for funding for
child abuse and neglect primary prevention programs; and
(2) solicit donations for child abuse and neglect
primary prevention programs.
Sec. 265.053 [40.104]. ADMINISTRATIVE AND OTHER COSTS.
(a) Administrative costs under this subchapter during any fiscal
year may not exceed an amount equal to 50 percent of the interest
credited to the trust fund during the preceding fiscal year.
(b) Funds expended under a special project grant from a
governmental source or a nongovernmental source for public
education or public awareness may not be counted as administrative
costs for the purposes of this section.
Sec. 265.054 [40.105]. CHILD ABUSE AND NEGLECT PREVENTION
TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention
trust fund account is an account in the general revenue fund. Money
in the trust fund is dedicated to child abuse and neglect primary
prevention programs.
(b) The department may transfer money contained in the trust
fund to the operating fund at any time. However, during a fiscal
year the department may not transfer more than the amount
appropriated for the operating fund for that fiscal year. Money
transferred to the operating fund that was originally deposited to
the credit of the trust fund under Section 118.022, Local
Government Code, may be used only for child abuse and neglect
primary prevention programs.
(c) Interest earned on the trust fund shall be credited to
the trust fund.
(d) The trust fund is exempt from the application of Section
403.095, Government Code.
(e) All marriage license fees and other fees collected for
and deposited in the trust fund and interest earned on the trust
fund balance shall be appropriated each biennium only to the
operating fund for [primary] child abuse and neglect primary
prevention programs.
Sec. 265.055 [40.106]. DEPARTMENT OPERATING FUND ACCOUNT.
(a) The operating fund is an account in the general revenue fund.
(b) Administrative and other costs allowed in Section
265.053 [40.104] shall be taken from the operating fund. The
department may transfer funds contained in the operating fund to
the trust fund at any time.
(c) The legislature may appropriate the money in the
operating fund to carry out the provisions of this subchapter.
(d) The operating fund is exempt from the application of
Section 403.095, Government Code.
Sec. 265.056 [40.107]. CONTRIBUTIONS. (a) The department
may solicit contributions from any appropriate source.
(b) Any other contributions for child abuse and neglect
primary prevention or other prevention and early intervention
programs shall be deposited into a separate designated fund in the
state treasury and shall be used for that designated purpose.
(c) A person may contribute funds to either the trust fund,
the operating fund, or a fund designated by the department for a
specific child abuse and neglect primary prevention or other
prevention or early intervention purpose.
(d) If a person designates that a contribution is intended
as a donation to a specific fund, the contribution shall be
deposited in the designated fund.
SECTION 6. Section 40.0561, Human Resources Code, is
transferred to Subchapter B, Chapter 265, Family Code, as
transferred and redesignated from Subchapter D, Chapter 40, Human
Resources Code, by this Act, and redesignated as Section 265.057,
Family Code, to read as follows:
Sec. 265.057 [40.0561]. COMMUNITY YOUTH DEVELOPMENT
GRANTS. (a) Subject to available funding, the department shall
award community youth development grants to communities identified
by incidence of crime. The department shall give priority in
awarding grants under this section to areas of the state in which
there is a high incidence of juvenile crime.
(b) The purpose of a grant under this section is to assist a
community in alleviating conditions in the family and community
that lead to juvenile crime.
SECTION 7. Chapter 265, Family Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. PARENTING EDUCATION
Sec. 265.101. PARENTING EDUCATION PROGRAMS. (a) A
parenting education program provided by the department must be an
evidence-based program or a promising practice program described by
this section.
(b) An evidence-based program is a parenting education
program that:
(1) is research-based and grounded in relevant,
empirical knowledge and program-determined outcomes;
(2) has comprehensive standards ensuring the highest
quality service delivery with continuous improvement in the quality
of service delivery;
(3) has demonstrated significant positive short-term
and long-term outcomes;
(4) has been evaluated by at least one rigorous,
random, controlled research trial across heterogeneous populations
or communities with research results that have been published in a
peer-reviewed journal;
(5) substantially complies with a program manual or
design that specifies the purpose, outcomes, duration, and
frequency of the program services; and
(6) employs well-trained and competent staff and
provides continual relevant professional development opportunities
to the staff.
(c) A promising practice program is a parenting education
program that:
(1) has an active impact evaluation program or
demonstrates a schedule for implementing an active impact
evaluation program;
(2) has been evaluated by at least one outcome-based
study demonstrating effectiveness or random, controlled trial in a
homogeneous sample;
(3) substantially complies with a program manual or
design that specifies the purpose, outcomes, duration, and
frequency of the program services;
(4) employs well-trained and competent staff and
provides continual relevant professional development opportunities
to the staff; and
(5) is research-based and grounded in relevant,
empirical knowledge and program-determined outcomes.
Sec. 265.102. OUTCOMES OF EVIDENCE-BASED PARENTING
EDUCATION. The department shall ensure that a parenting education
program provided under this chapter achieves favorable behavioral
outcomes in at least two of the following areas:
(1) improved cognitive development of children;
(2) increased school readiness of children;
(3) reduced child abuse, neglect, and injury;
(4) improved child safety;
(5) improved social-emotional development of
children;
(6) improved parenting skills, including nurturing
and bonding;
(7) improved family economic self-sufficiency;
(8) reduced parental involvement with the criminal
justice system; and
(9) increased paternal involvement and support.
Sec. 265.103. EVALUATION OF EVIDENCE-BASED PARENTING
EDUCATION. (a) The department shall adopt outcome indicators to
measure the effectiveness of parenting education programs provided
under this chapter in achieving desired outcomes.
(b) The department may work directly with the model
developer of a parenting education program to identify appropriate
outcome indicators for the program and to ensure that the program
substantially complies with the model.
(c) The department shall develop internal processes to
share information with parenting education programs to assist the
department in analyzing the performance of the programs.
(d) The department shall use information obtained under
this section to:
(1) monitor parenting education programs;
(2) continually improve the quality of the programs;
and
(3) evaluate the effectiveness of the programs.
Sec. 265.1035. INITIAL REPORT. (a) Not later than December
1, 2016, the department shall prepare and submit a report on
state-funded parenting education programs to the standing
committees of the senate and house of representatives with
jurisdiction over child protective services.
(b) The report submitted under this section must include:
(1) the status and a description of the parenting
education programs implemented and a description of the models
associated with the programs; and
(2) information on the number of families served by
the programs, including their demographic information.
(c) This section expires January 1, 2017.
Sec. 265.104. REPORTS TO LEGISLATURE. (a) Not later than
December 1 of each even-numbered year, the department shall prepare
and submit a report on state-funded parenting education programs to
the standing committees of the senate and house of representatives
with jurisdiction over child protective services.
(b) A report submitted under this section must include:
(1) a description of the parenting education programs
implemented and of the models associated with the programs;
(2) information on the families served by the
programs, including the number of families served and their
demographic information;
(3) the goals and achieved outcomes of the programs;
(4) information on the cost for each family served,
including any available third-party return-on-investment analysis;
and
(5) information explaining the percentage of money
spent on evidence-based programs and on promising practice
programs.
Sec. 265.105. RULES. The executive commissioner of the
Health and Human Services Commission may adopt rules as necessary
to implement this subchapter.
SECTION 8. Section 40.0523, Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is repealed.
SECTION 9. The changes in law made by this Act apply only to
a program provided under Chapter 265, Family Code, on or after the
effective date of this Act.
SECTION 10. Not later than September 1, 2016, the
Department of Family and Protective Services shall adopt the
initial strategic plan required by Section 265.005, Family Code, as
added by this Act.
SECTION 11. This Act takes effect September 1, 2015.
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