84R3088 MK-F
By: Burkett H.B. No. 781
A BILL TO BE ENTITLED
AN ACT
relating to caregiver screening and training by substitute care
providers for children in the conservatorship of the Department of
Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 264.106(b) and (e), Family Code, are
amended to read as follows:
(b) The department shall[, in accordance with Chapter 45,
Human Resources Code]:
(1) assess the need for substitute care services
throughout the state;
(2) contract with substitute care providers for the
provision of all necessary substitute care services when the
department determines that entering into a contract will improve
services to children and families;
(3) monitor the quality of services for which the
department contracts under this section;
(4) determine and evaluate, using best practice
standards, the home screening, assessment, and preservice training
requirements used by substitute care providers before the
verification and approval of caregivers, including:
(A) risk assessment evaluations used; and
(B) the curriculum and models used and topics
covered in caregiver training;
(5) publish on the department's Internet website the
information collected by the department regarding the curriculum
and training models used and topics covered during caregiver
training by substitute care providers; and
(6) [(4)] ensure that the services are provided in
accordance with federal law and the laws of this state, including
department rules and rules of the Department of State Health
Services and the Texas Commission on Environmental Quality.
(e) In addition to the requirements of Section 40.058(b),
Human Resources Code, a contract authorized under this section must
include provisions that:
(1) enable the department to monitor the effectiveness
of the services;
(2) specify performance outcomes;
(3) authorize the department to terminate the contract
or impose sanctions for a violation of a provision of the contract
that specifies performance criteria;
(4) ensure that a private agency that is providing
substitute care or case management services for a child shall
provide to the child's attorney ad litem and guardian ad litem
access to the agency's information and records relating to the
child;
(5) authorize the department, an agent of the
department, and the state auditor to inspect all books, records,
and files maintained by a contractor relating to the contract;
(6) require each substitute care provider to provide
at least 35 hours of competency-based, preservice training to
potential caregivers before verifying or approving the caregiver;
and
(7) [(6)] the department determines are necessary to
ensure accountability for the delivery of services and for the
expenditure of public funds.
SECTION 2. This Act takes effect September 1, 2015.