LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 14, 2017 TO: Honorable Richard Peña Raymond, Chair, House Committee on Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB205 by Keough (Relating to child protective services; requiring burden of proof; providing court appointed attorney.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB205, As Introduced: a negative impact of ($2,946,090) through the biennium ending August 31, 2019. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 14, 2017 TO: Honorable Richard Peña Raymond, Chair, House Committee on Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB205 by Keough (Relating to child protective services; requiring burden of proof; providing court appointed attorney.), As Introduced TO: Honorable Richard Peña Raymond, Chair, House Committee on Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB205 by Keough (Relating to child protective services; requiring burden of proof; providing court appointed attorney.), As Introduced Honorable Richard Peña Raymond, Chair, House Committee on Human Services Honorable Richard Peña Raymond, Chair, House Committee on Human Services Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB205 by Keough (Relating to child protective services; requiring burden of proof; providing court appointed attorney.), As Introduced HB205 by Keough (Relating to child protective services; requiring burden of proof; providing court appointed attorney.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB205, As Introduced: a negative impact of ($2,946,090) through the biennium ending August 31, 2019. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Estimated Two-year Net Impact to General Revenue Related Funds for HB205, As Introduced: a negative impact of ($2,946,090) through the biennium ending August 31, 2019. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2018 ($1,522,329) 2019 ($1,423,761) 2020 ($1,423,761) 2021 ($1,423,761) 2022 ($1,423,761) 2018 ($1,522,329) 2019 ($1,423,761) 2020 ($1,423,761) 2021 ($1,423,761) 2022 ($1,423,761) All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromFederal Funds555 Change in Number of State Employees from FY 2017 2018 ($1,522,329) ($169,148) 15.0 2019 ($1,423,761) ($158,196) 15.0 2020 ($1,423,761) ($158,196) 15.0 2021 ($1,423,761) ($158,196) 15.0 2022 ($1,423,761) ($158,196) 15.0 Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromFederal Funds555 Change in Number of State Employees from FY 2017 2018 ($1,522,329) ($169,148) 15.0 2019 ($1,423,761) ($158,196) 15.0 2020 ($1,423,761) ($158,196) 15.0 2021 ($1,423,761) ($158,196) 15.0 2022 ($1,423,761) ($158,196) 15.0 2018 ($1,522,329) ($169,148) 15.0 2019 ($1,423,761) ($158,196) 15.0 2020 ($1,423,761) ($158,196) 15.0 2021 ($1,423,761) ($158,196) 15.0 2022 ($1,423,761) ($158,196) 15.0 Fiscal Analysis The bill would amend the Family Code to require an evidentiary hearing before a court may enter an order requiring a family member of a child involved in Child Protective Services (CPS) to participate in certain agency-provided services.The bill would require the court to appoint a court appointed attorney in any related suit.The bill would take effect immediately upon a two-thirds vote in each house, otherwise the bill would take effect September 1, 2017. Methodology This analysis assumes that the number of families participating in family preservation will remain constant from fiscal year 2016, and that ten percent of all participants involve a court order requiring an evidentiary hearing. Based on this assumption and the Department of Family and Protective Services (DFPS) estimate that it takes approximately 14 hours to prepare for each hearing, DFPS would require 15.0 additional full-time equivalent (FTE) positions in order to prepare for the additional evidentiary hearings. The analysis assumes that each additional FTE would cost approximately $78,000 per fiscal year for related benefits and expenses, and approximately $5,400 in fiscal year 2018 for one-time set up costs.The actual cost of the provisions included in the bill could increase or decrease depending on the number of families required by the courts to participate in DFPS family preservation purchased services, and therefore require an evidentiary hearing.The Office of Court Administration indicate they could absorb the costs associated with implementing the bill within their current resources. Technology The annual technology impact totals approximately $1,600 per FTE each fiscal year beginning in fiscal year 2018 for related computer and data center services expenses. Local Government Impact According to Nacogdoches County, the bill would have a significant fiscal impact on the Juvenile Probation Department by increasing the caseload.According to Montgomery County, the fiscal impact to the County is not anticipated to be significant. Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of 212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of LBB Staff: UP, KCA, EP, JLi, JGA, GDz UP, KCA, EP, JLi, JGA, GDz