Texas 2017 - 85th Regular

Texas House Bill HB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R25382 MK-D
2	2	By: Frank, Raymond, Klick, Dale, et al. H.B. No. 6
3	3	Substitute the following for H.B. No. 6:
4	4	By: Frank C.S.H.B. No. 6
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of services provided by the
10	10	Department of Family and Protective Services, including foster
11	11	care, child protective services, and prevention and early
12	12	intervention services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 71.004, Family Code, is amended to read
15	15	as follows:
16	16	Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
17	17	(1) an act by a member of a family or household against
18	18	another member of the family or household that is intended to result
19	19	in physical harm, bodily injury, assault, or sexual assault or that
20	20	is a threat that reasonably places the member in fear of imminent
21	21	physical harm, bodily injury, assault, or sexual assault, but does
22	22	not include defensive measures to protect oneself;
23	23	(2) abuse, as that term is defined by Sections
24	24	261.001(1)(C), (E), (G), (H), (I), (J), [and] (K), and (M), by a
25	25	member of a family or household toward a child of the family or
26	26	household; or
27	27	(3) dating violence, as that term is defined by
28	28	Section 71.0021.
29	29	SECTION 2. Section 162.005, Family Code, is amended by
30	30	adding Subsection (c) to read as follows:
31	31	(c) The department shall ensure that each licensed
32	32	child-placing agency, single source continuum contractor, or other
33	33	person placing a child for adoption receives a copy of any portion
34	34	of the report prepared by the department.
35	35	SECTION 3. Section 162.0062, Family Code, is amended by
36	36	adding Subsection (a-1) to read as follows:
37	37	(a-1) If a child is placed with a prospective adoptive
38	38	parent prior to adoption, the prospective adoptive parent is
39	39	entitled to examine any record or other information relating to the
40	40	child's health history, including the portion of the report
41	41	prepared under Section 162.005 for the child that relates to the
42	42	child's health. The department, licensed child-placing agency,
43	43	single source continuum contractor, or other person placing a child
44	44	for adoption shall inform the prospective adoptive parent of the
45	45	prospective adoptive parent's right to examine the records and
46	46	other information relating to the child's health history. The
47	47	department, licensed child-placing agency, single source continuum
48	48	contractor, or other person placing the child for adoption shall
49	49	edit the records and information to protect the identity of the
50	50	biological parents and any other person whose identity is
51	51	confidential.
52	52	SECTION 4. Section 162.007, Family Code, is amended by
53	53	amending Subsection (a) and adding Subsection (g) to read as
54	54	follows:
55	55	(a) The health history of the child must include information
56	56	about:
57	57	(1) the child's health status at the time of placement;
58	58	(2) the child's birth, neonatal, and other medical,
59	59	psychological, psychiatric, and dental history information,
60	60	including to the extent known by the department:
61	61	(A) whether the child's birth mother consumed
62	62	alcohol during pregnancy; and
63	63	(B) whether the child has been diagnosed with
64	64	fetal alcohol spectrum disorder;
65	65	(3) a record of immunizations for the child; and
66	66	(4) the available results of medical, psychological,
67	67	psychiatric, and dental examinations of the child.
68	68	(g) In this section, "fetal alcohol spectrum disorder"
69	69	means any of a group of conditions that can occur in a person whose
70	70	mother consumed alcohol during pregnancy.
71	71	SECTION 5. Section 261.001, Family Code, is amended by
72	72	amending Subdivisions (1), (4), and (5) and adding Subdivision (3)
73	73	to read as follows:
74	74	(1) "Abuse" includes the following acts or omissions
75	75	by a person:
76	76	(A) mental or emotional injury to a child that
77	77	results in an observable and material impairment in the child's
78	78	growth, development, or psychological functioning;
79	79	(B) causing or permitting the child to be in a
80	80	situation in which the child sustains a mental or emotional injury
81	81	that results in an observable and material impairment in the
82	82	child's growth, development, or psychological functioning;
83	83	(C) physical injury that results in substantial
84	84	harm to the child, or the genuine threat of substantial harm from
85	85	physical injury to the child, including an injury that is at
86	86	variance with the history or explanation given and excluding an
87	87	accident or reasonable discipline by a parent, guardian, or
88	88	managing or possessory conservator that does not expose the child
89	89	to a substantial risk of harm;
90	90	(D) failure to make a reasonable effort to
91	91	prevent an action by another person that results in physical injury
92	92	that results in substantial harm to the child;
93	93	(E) sexual conduct harmful to a child's mental,
94	94	emotional, or physical welfare, including conduct that constitutes
95	95	the offense of continuous sexual abuse of young child or children
96	96	under Section 21.02, Penal Code, indecency with a child under
97	97	Section 21.11, Penal Code, sexual assault under Section 22.011,
98	98	Penal Code, or aggravated sexual assault under Section 22.021,
99	99	Penal Code;
100	100	(F) failure to make a reasonable effort to
101	101	prevent sexual conduct harmful to a child;
102	102	(G) compelling or encouraging the child to engage
103	103	in sexual conduct as defined by Section 43.01, Penal Code,
104	104	including compelling or encouraging the child in a manner that
105	105	constitutes an offense of trafficking of persons under Section
106	106	20A.02(a)(7) or (8), Penal Code, prostitution under Section
107	107	43.02(b), Penal Code, or compelling prostitution under Section
108	108	43.05(a)(2), Penal Code;
109	109	(H) causing, permitting, encouraging, engaging
110	110	in, or allowing the photographing, filming, or depicting of the
111	111	child if the person knew or should have known that the resulting
112	112	photograph, film, or depiction of the child is obscene as defined by
113	113	Section 43.21, Penal Code, or pornographic;
114	114	(I) the current use by a person of a controlled
115	115	substance as defined by Chapter 481, Health and Safety Code, in a
116	116	manner or to the extent that the use results in physical, mental, or
117	117	emotional injury to a child;
118	118	(J) causing, expressly permitting, or
119	119	encouraging a child to use a controlled substance as defined by
120	120	Chapter 481, Health and Safety Code;
121	121	(K) causing, permitting, encouraging, engaging
122	122	in, or allowing a sexual performance by a child as defined by
123	123	Section 43.25, Penal Code; [or]
124	124	(L) knowingly causing, permitting, encouraging,
125	125	engaging in, or allowing a child to be trafficked in a manner
126	126	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
127	127	(8), Penal Code, or the failure to make a reasonable effort to
128	128	prevent a child from being trafficked in a manner punishable as an
129	129	offense under any of those sections; or
130	130	(M) forcing or coercing a child to enter into a
131	131	marriage.
132	132	(3) "Exploitation" means the illegal or improper use
133	133	of a child or of the resources of a child for monetary or personal
134	134	benefit, profit, or gain by an employee, volunteer, or other
135	135	individual working under the auspices of a facility or program as
136	136	further described by rule or policy.
137	137	(4) "Neglect":
138	138	(A) includes:
139	139	(i) the leaving of a child in a situation
140	140	where the child would be exposed to a substantial risk of physical
141	141	or mental harm, without arranging for necessary care for the child,
142	142	and the demonstration of an intent not to return by a parent,
143	143	guardian, or managing or possessory conservator of the child;
144	144	(ii) the following acts or omissions by a
145	145	person:
146	146	(a) placing a child in or failing to
147	147	remove a child from a situation that a reasonable person would
148	148	realize requires judgment or actions beyond the child's level of
149	149	maturity, physical condition, or mental abilities and that results
150	150	in bodily injury or a substantial risk of immediate harm to the
151	151	child;
152	152	(b) failing to seek, obtain, or follow
153	153	through with medical care for a child, with the failure resulting in
154	154	or presenting a substantial risk of death, disfigurement, or bodily
155	155	injury or with the failure resulting in an observable and material
156	156	impairment to the growth, development, or functioning of the child;
157	157	(c) the failure to provide a child
158	158	with food, clothing, or shelter necessary to sustain the life or
159	159	health of the child, excluding failure caused primarily by
160	160	financial inability unless relief services had been offered and
161	161	refused;
162	162	(d) placing a child in or failing to
163	163	remove the child from a situation in which the child would be
164	164	exposed to a substantial risk of sexual conduct harmful to the
165	165	child; or
166	166	(e) placing a child in or failing to
167	167	remove the child from a situation in which the child would be
168	168	exposed to acts or omissions that constitute abuse under
169	169	Subdivision (1)(E), (F), (G), (H), or (K) committed against another
170	170	child; [or]
171	171	(iii) the failure by the person responsible
172	172	for a child's care, custody, or welfare to permit the child to
173	173	return to the child's home without arranging for the necessary care
174	174	for the child after the child has been absent from the home for any
175	175	reason, including having been in residential placement or having
176	176	run away; or
177	177	(iv) a negligent act or omission by an
178	178	employee, volunteer, or other individual working under the auspices
179	179	of a facility or program, including failure to comply with an
180	180	individual treatment plan, plan of care, or individualized service
181	181	plan, that causes or may cause substantial emotional harm or
182	182	physical injury to, or the death of, a child served by the facility
183	183	or program as further described by rule or policy; and
184	184	(B) does not include the refusal by a person
185	185	responsible for a child's care, custody, or welfare to permit the
186	186	child to remain in or return to the child's home resulting in the
187	187	placement of the child in the conservatorship of the department if:
188	188	(i) the child has a severe emotional
189	189	disturbance;
190	190	(ii) the person's refusal is based solely on
191	191	the person's inability to obtain mental health services necessary
192	192	to protect the safety and well-being of the child; and
193	193	(iii) the person has exhausted all
194	194	reasonable means available to the person to obtain the mental
195	195	health services described by Subparagraph (ii).
196	196	(5) "Person responsible for a child's care, custody,
197	197	or welfare" means a person who traditionally is responsible for a
198	198	child's care, custody, or welfare, including:
199	199	(A) a parent, guardian, managing or possessory
200	200	conservator, or foster parent of the child;
201	201	(B) a member of the child's family or household
202	202	as defined by Chapter 71;
203	203	(C) a person with whom the child's parent
204	204	cohabits;
205	205	(D) school personnel or a volunteer at the
206	206	child's school; [or]
207	207	(E) personnel or a volunteer at a public or
208	208	private child-care facility that provides services for the child or
209	209	at a public or private residential institution or facility where
210	210	the child resides; or
211	211	(F) an employee, volunteer, or other person
212	212	working under the supervision of a licensed or unlicensed
213	213	child-care facility, including a family home, residential
214	214	child-care facility, employer-based day-care facility, or shelter
215	215	day-care facility, as those terms are defined in Chapter 42, Human
216	216	Resources Code.
217	217	SECTION 6. Subchapter A, Chapter 261, Family Code, is
218	218	amended by adding Section 261.004 to read as follows:
219	219	Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR
220	220	NEGLECT REPORTS. (a) The department shall collect and monitor
221	221	data regarding repeated reports of abuse or neglect:
222	222	(1) involving the same child, including reports of
223	223	abuse or neglect of the child made while the child resided in other
224	224	households and reports of abuse or neglect of the child by different
225	225	alleged perpetrators made while the child resided in the same
226	226	household; or
227	227	(2) by the same alleged perpetrator.
228	228	(a-1) In monitoring reports of abuse or neglect under
229	229	Subsection (a), the department shall group together separate
230	230	reports involving differing children residing in the same
231	231	household.
232	232	(b) The department shall consider any report collected
233	233	under Subsection (a) involving any child or adult who is a part of a
234	234	child's household when making case priority determinations or when
235	235	conducting service or safety planning for the child or the child's
236	236	family.
237	237	SECTION 7. Section 261.101(b), Family Code, is amended to
238	238	read as follows:
239	239	(b) If a professional has cause to believe that a child has
240	240	been abused or neglected or may be abused or neglected, or that a
241	241	child is a victim of an offense under Section 21.11, Penal Code, and
242	242	the professional has cause to believe that the child has been abused
243	243	as defined by Section 261.001 [or 261.401], the professional shall
244	244	make a report not later than the 48th hour after the hour the
245	245	professional first suspects that the child has been or may be abused
246	246	or neglected or is a victim of an offense under Section 21.11, Penal
247	247	Code. A professional may not delegate to or rely on another person
248	248	to make the report. In this subsection, "professional" means an
249	249	individual who is licensed or certified by the state or who is an
250	250	employee of a facility licensed, certified, or operated by the
251	251	state and who, in the normal course of official duties or duties for
252	252	which a license or certification is required, has direct contact
253	253	with children. The term includes teachers, nurses, doctors,
254	254	day-care employees, employees of a clinic or health care facility
255	255	that provides reproductive services, juvenile probation officers,
256	256	and juvenile detention or correctional officers.
257	257	SECTION 8. Section 263.401, Family Code, is amended to read
258	258	as follows:
259	259	Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
260	260	EXTENSION. (a) Unless the court has commenced the trial on the
261	261	merits or granted an extension under Subsection (b) or (b-1), on the
262	262	first Monday after the first anniversary of the date the court
263	263	rendered a temporary order appointing the department as temporary
264	264	managing conservator, the court's jurisdiction over [court shall
265	265	dismiss] the suit affecting the parent-child relationship filed by
266	266	the department that requests termination of the parent-child
267	267	relationship or requests that the department be named conservator
268	268	of the child is terminated and the suit is automatically dismissed
269	269	without a court order.
270	270	(b) Unless the court has commenced the trial on the merits,
271	271	the court may not retain the suit on the court's docket after the
272	272	time described by Subsection (a) unless the court finds that
273	273	extraordinary circumstances necessitate the child remaining in the
274	274	temporary managing conservatorship of the department and that
275	275	continuing the appointment of the department as temporary managing
276	276	conservator is in the best interest of the child. If the court
277	277	makes those findings, the court may retain the suit on the court's
278	278	docket for a period not to exceed 180 days after the time described
279	279	by Subsection (a). If the court retains the suit on the court's
280	280	docket, the court shall render an order in which the court:
281	281	(1) schedules the new date on which the suit will be
282	282	automatically dismissed if the trial on the merits has not
283	283	commenced, which date must be not later than the 180th day after the
284	284	time described by Subsection (a);
285	285	(2) makes further temporary orders for the safety and
286	286	welfare of the child as necessary to avoid further delay in
287	287	resolving the suit; and
288	288	(3) sets the trial on the merits on a date not later
289	289	than the date specified under Subdivision (1).
290	290	(b-1) If, after commencement of the initial trial on the
291	291	merits within the time required by Subsection (a) or (b), the court
292	292	grants a motion for a new trial or mistrial, or the case is remanded
293	293	to the court by an appellate court following an appeal of the
294	294	court's final order, the court shall retain the suit on the court's
295	295	docket and render an order in which the court:
296	296	(1) schedules a new date on which the suit will be
297	297	automatically dismissed if the new trial has not commenced, which
298	298	must be a date not later than the 180th day after the date on which:
299	299	(A) the motion for a new trial or mistrial is
300	300	granted; or
301	301	(B) the appellate court remanded the case;
302	302	(2) makes further temporary orders for the safety and
303	303	welfare of the child as necessary to avoid further delay in
304	304	resolving the suit; and
305	305	(3) sets the new trial on the merits for a date not
306	306	later than the date specified under Subdivision (1).
307	307	(c) If the court grants an extension under Subsection (b) or
308	308	(b-1) but does not commence the trial on the merits before the
309	309	dismissal date, the court's jurisdiction over [court shall dismiss]
310	310	the suit is terminated and the suit is automatically dismissed
311	311	without a court order. The court may not grant an additional
312	312	extension that extends the suit beyond the required date for
313	313	dismissal under Subsection (b) or (b-1), as applicable.
314	314	SECTION 9. Section 264.018, Family Code, is amended by
315	315	adding Subsections (d-1) and (d-2) to read as follows:
316	316	(d-1) Except as provided by Subsection (d-2), as soon as
317	317	possible but not later than 24 hours after a change in placement of
318	318	a child in the conservatorship of the department, the department
319	319	shall give notice of the placement change to the managed care
320	320	organization that contracts with the commission to provide health
321	321	care services to the child under the STAR Health program. The
322	322	managed care organization shall give notice of the placement change
323	323	to the primary care physician listed in the child's health passport
324	324	before the end of the second business day after the day the
325	325	organization receives the notification from the department.
326	326	(d-2) In this subsection, "catchment area" has the meaning
327	327	assigned by Section 264.152. In a catchment area in which
328	328	community-based foster care has been implemented, the single source
329	329	continuum contractor that has contracted with the commission to
330	330	provide foster care services in that catchment area shall, as soon
331	331	as possible but not later than 24 hours after a change in placement
332	332	of a child in the conservatorship of the department, give notice of
333	333	the placement change to the managed care organization that
334	334	contracts with the commission to provide health care services to
335	335	the child under the STAR Health program. The managed care
336	336	organization shall give notice of the placement change to the
337	337	child's primary care physician in accordance with Subsection (d-1).
338	338	SECTION 10. (a) Subchapter B, Chapter 264, Family Code, is
339	339	amended by adding Section 264.1076 to read as follows:
340	340	Sec. 264.1076. MEDICAL EXAMINATION REQUIRED. (a) This
341	341	section applies only to a child who has been taken into the
342	342	conservatorship of the department and remains in the
343	343	conservatorship of the department for more than three business
344	344	days.
345	345	(b) The department shall ensure that each child described by
346	346	Subsection (a) is examined and receives a mental health screening
347	347	conducted by a physician or other health care provider authorized
348	348	under state law to conduct medical examinations not later than the
349	349	end of:
350	350	(1) the third business day after the date the child
351	351	enters the conservatorship of the department; or
352	352	(2) the fifth business day after the date the child
353	353	enters the conservatorship of the department, if the child is
354	354	located in a rural area, as that term is defined by Section 845.002,
355	355	Insurance Code.
356	356	(c) Whenever possible, the department shall schedule the
357	357	medical examination and mental health screening for a child before
358	358	the last business day of the appropriate time frame provided under
359	359	Subsection (b).
360	360	(d) The department shall collaborate with the commission
361	361	and relevant medical practitioners to develop guidelines for the
362	362	medical examination and mental health screening conducted under
363	363	this section, including guidelines on the components to be included
364	364	in the examination and the screening.
365	365	(e) Not later than December 31, 2019, the department shall
366	366	submit a report to the standing committees of the house of
367	367	representatives and the senate with primary jurisdiction over child
368	368	protective services and foster care evaluating the statewide
369	369	implementation of the medical examination and mental health
370	370	screening required by this section. The report must include the
371	371	level of compliance with the requirements of this section in each
372	372	region of the state.
373	373	(b) Section 264.1076, Family Code, as added by this section,
374	374	applies only to a child who enters the conservatorship of the
375	375	Department of Family and Protective Services on or after the
376	376	effective date of this Act. A child who enters the conservatorship
377	377	of the Department of Family and Protective Services before the
378	378	effective date of this Act is governed by the law in effect on the
379	379	date the child entered the conservatorship of the department, and
380	380	the former law is continued in effect for that purpose.
381	381	(c) The Department of Family and Protective Services shall
382	382	implement Section 264.1076, Family Code, as added by this section,
383	383	not later than December 31, 2018.
384	384	SECTION 11. Section 264.124, Family Code, is amended by
385	385	adding Subsection (e) to read as follows:
386	386	(e) On receipt of the verification required under
387	387	Subsection (b), or as provided by Subsection (d), the department
388	388	shall provide monetary assistance to a foster parent for full-time
389	389	or part-time day-care services for a foster child. The department
390	390	may not deny monetary assistance to the foster parent as long as the
391	391	foster parent is employed on a full-time or part-time basis.
392	392	SECTION 12. (a) Subchapter B, Chapter 264, Family Code, is
393	393	amended by adding Sections 264.1261 and 264.128 to read as follows:
394	394	Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In
395	395	this section, "community-based foster care" has the meaning
396	396	assigned by Section 264.152.
397	397	(b) Appropriate department management personnel from a
398	398	child protective services region in which community-based foster
399	399	care has not been implemented, in collaboration with foster care
400	400	providers, faith-based entities, and child advocates in that
401	401	region, shall use data collected by the department on foster care
402	402	capacity needs and availability of each type of foster care and
403	403	kinship placement in the region to create a plan to address the
404	404	substitute care capacity needs in the region. The plan must
405	405	identify both short-term and long-term goals and strategies for
406	406	addressing those capacity needs.
407	407	(c) A foster care capacity needs plan developed under
408	408	Subsection (b) must be:
409	409	(1) submitted to and approved by the commissioner; and
410	410	(2) updated annually.
411	411	(d) The department shall publish each initial foster care
412	412	capacity needs plan and each annual update to a plan on the
413	413	department's Internet website.
414	414	Sec. 264.128. SINGLE CHILD PLAN OF SERVICE INITIATIVE.
415	415	(a) In this section, "community-based foster care" has the meaning
416	416	assigned by Section 264.152.
417	417	(b) In regions of the state where community-based foster
418	418	care has not been implemented, the department shall:
419	419	(1) collaborate with child-placing agencies to
420	420	implement the single child plan of service model developed under
421	421	the single child plan of service initiative; and
422	422	(2) ensure that a single child plan of service is
423	423	developed for each child in foster care in those regions.
424	424	(b) Notwithstanding Section 264.128(b), Family Code, as
425	425	added by this section, the Department of Family and Protective
426	426	Services shall develop and implement a single child plan of service
427	427	for each child in foster care in a region of the state described by
428	428	that section not later than September 1, 2017.
429	429	SECTION 13. (a) Chapter 264, Family Code, is amended by
430	430	adding Subchapter B-1 to read as follows:
431	431	SUBCHAPTER B-1. COMMUNITY-BASED FOSTER CARE
432	432	Sec. 264.151. LEGISLATIVE FINDINGS AND INTENT. (a) The
433	433	legislature finds that:
434	434	(1) for more than 30 years, the child welfare system in
435	435	Texas has been centralized and managed by statutes and rules that
436	436	impose a uniform system on communities statewide and ignore the
437	437	fundamental differences between regions;
438	438	(2) in order for the department to effectively provide
439	439	child welfare services, as required by state and federal law, the
440	440	department shall consider and implement fundamental structural
441	441	changes to the provision of child protective and welfare services;
442	442	(3) child welfare services that are community-based
443	443	and family-centered, are monitored by community stakeholders, and
444	444	have effective accountability standards regarding performance
445	445	outcomes and practices have been found to lead to better outcomes
446	446	for children who are victims of abuse and neglect; and
447	447	(4) community-based foster care would align outcomes
448	448	to assist the state in achieving the state's goal of substantial
449	449	gains regarding performance outcomes in child safety, permanency,
450	450	and well-being.
451	451	(b) It is the intent of the legislature that the department
452	452	contract with community-based, nonprofit entities that have the
453	453	ability to provide child welfare services. The services provided
454	454	by the entities must include direct case management to ensure child
455	455	safety, permanency, and well-being, in accordance with state and
456	456	federal child welfare goals.
457	457	(c) It is the intent of the legislature that the provision
458	458	of community-based foster care for children be implemented with
459	459	measurable goals relating to:
460	460	(1) the safety of children in placements;
461	461	(2) the placement of children in each child's home
462	462	community;
463	463	(3) the provision of services to children in the least
464	464	restrictive environment possible and, if possible, in a family home
465	465	environment;
466	466	(4) minimal placement changes for children;
467	467	(5) the maintenance of contact between children and
468	468	their families and other important persons;
469	469	(6) the placement of children with siblings;
470	470	(7) the provision of services that respect each
471	471	child's culture;
472	472	(8) the preparation of children and youth in foster
473	473	care for adulthood;
474	474	(9) the provision of opportunities, experiences, and
475	475	activities for children and youth in foster care that are available
476	476	to children and youth who are not in foster care;
477	477	(10) the participation by children and youth in making
478	478	decisions relating to their own lives;
479	479	(11) the reunification of children with the biological
480	480	parents of the children when possible; and
481	481	(12) the promotion of the placement of children with
482	482	relative or kinship caregivers if reunification is not possible.
483	483	Sec. 264.152. DEFINITIONS. In this subchapter:
484	484	(1) "Alternative caregiver" means a person who is not
485	485	the foster parent of the child and who provides temporary care for
486	486	the child for more than 12 hours but less than 60 days.
487	487	(2) "Case management" means the provision of case
488	488	management services to a child for whom the department has been
489	489	appointed temporary or permanent managing conservator or the
490	490	child's family, relative or kinship caregivers, a young adult in
491	491	extended foster care, or a child who has been placed in the
492	492	catchment area through the Interstate Compact on the Placement of
493	493	Children, and includes:
494	494	(A) caseworker visits with the child;
495	495	(B) family and caregiver visits;
496	496	(C) convening and conducting permanency planning
497	497	meetings;
498	498	(D) the development and revision of the child and
499	499	family plans of service, including a permanency plan and goals for a
500	500	child or young adult in care;
501	501	(E) the coordination and monitoring of services
502	502	required by the child and the child's family;
503	503	(F) the assumption of court-related duties
504	504	regarding the child, including:
505	505	(i) providing any required notifications or
506	506	consultations;
507	507	(ii) preparing court reports;
508	508	(iii) attending judicial and permanency
509	509	hearings, trials, and mediations;
510	510	(iv) complying with applicable court
511	511	orders; and
512	512	(v) ensuring the child is progressing
513	513	toward the goal of permanency within state and federally mandated
514	514	guidelines; and
515	515	(G) any other function or service that the
516	516	department determines necessary to allow a single source continuum
517	517	contractor to assume responsibility for case management.
518	518	(3) "Catchment area" means a geographic service area
519	519	for providing child protective services that is identified as part
520	520	of the community-based foster care redesign.
521	521	(4) "Community-based foster care" means the
522	522	redesigned foster care services system required by Chapter 598
523	523	(S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011.
524	524	Sec. 264.154. READINESS REVIEW PROCESS FOR COMMUNITY-BASED
525	525	FOSTER CARE CONTRACTOR. (a) The department shall develop a formal
526	526	review process to assess the ability of a single source continuum
527	527	contractor to satisfy the responsibilities and administrative
528	528	requirements of delivering foster care services, including the
529	529	contractor's ability to provide:
530	530	(1) placement services for children and families;
531	531	(2) case management services for children and
532	532	families;
533	533	(3) evidence-based, promising practice, or
534	534	evidence-informed supports for children and families; and
535	535	(4) sufficient available capacity for inpatient and
536	536	outpatient services and supports for children at all service levels
537	537	who have previously been placed in the catchment area.
538	538	(b) As part of the readiness review process, the single
539	539	source continuum contractor must prepare a plan detailing the
540	540	methods by which the contractor will avoid or eliminate conflicts
541	541	of interest. The department may not transfer services to the
542	542	contractor until the department has determined the plan is
543	543	adequate.
544	544	(c) The department must develop the review process under
545	545	Subsection (a) before the department may expand community-based
546	546	foster care outside of the initial catchment areas where
547	547	community-based foster care has been implemented.
548	548	(d) The department must conduct a readiness review for a
549	549	single source continuum contractor before the transfer of placement
550	550	services to the contractor and before the transfer of case
551	551	management services to the contractor. The department may not
552	552	transfer those services to a contractor unless the readiness review
553	553	demonstrates that the contractor is able to adequately deliver the
554	554	services.
555	555	Sec. 264.155. EXPANSION OF COMMUNITY-BASED FOSTER CARE.
556	556	(a) Not later than December 31, 2019, the department shall:
557	557	(1) identify not more than eight catchment areas in
558	558	the state that are best suited to implement community-based foster
559	559	care of which not more than two catchment areas may be identified as
560	560	best suited to implement the transfer of case management services
561	561	to a single source continuum contractor;
562	562	(2) create an implementation plan for those catchment
563	563	areas that includes a timeline for implementation;
564	564	(3) following the readiness review process under
565	565	Section 264.154 and subject to the availability of funds, implement
566	566	community-based foster care in those catchment areas; and
567	567	(4) following the implementation of community-based
568	568	foster care services in those catchment areas, evaluate the
569	569	implementation process and single source continuum contractor
570	570	performance in each catchment area.
571	571	(b) Following the selection of the catchment areas under
572	572	Subsection (a), the department shall annually, based on the
573	573	availability of funding:
574	574	(1) provide a report to the legislature that details
575	575	the readiness of any remaining catchment areas in which
576	576	community-based foster care services have not been implemented; and
577	577	(2) subject to the availability of funds, the
578	578	readiness of the catchment areas, and the feasibility of
579	579	implementing community-based foster care in those areas, begin
580	580	implementing community-based foster care in those areas in
581	581	accordance with the timeline developed for those areas under
582	582	Subsection (a)(2) and the readiness review process developed under
583	583	Section 264.154.
584	584	(c) In expanding community-based foster care, the
585	585	department may change the geographic boundaries of catchment areas
586	586	as necessary to align with specific communities.
587	587	(d) The department shall ensure the continuity of services
588	588	for children and families during the transition period to
589	589	community-based foster care in a catchment area.
590	590	(e) In implementing community-based foster care in a
591	591	catchment area, the department may not transfer case management
592	592	services to a single source continuum contractor in that catchment
593	593	area until the department has successfully completed the transfer
594	594	of placement services to the contractor.
595	595	Sec. 264.156. COMMUNITY ENGAGEMENT GROUP. (a) The
596	596	department shall create a community engagement group in each
597	597	catchment area to assist with the implementation of community-based
598	598	foster care. The department may create more than one community
599	599	engagement group in a catchment area, as appropriate. Membership
600	600	in a community engagement group may include:
601	601	(1) representatives from:
602	602	(A) the department;
603	603	(B) the judiciary;
604	604	(C) school districts in the catchment area;
605	605	(D) law enforcement;
606	606	(E) the local mental health authority;
607	607	(F) the children's advocacy center, if
608	608	applicable;
609	609	(G) a child-placing agency; and
610	610	(H) child and family service providers,
611	611	including prevention service providers;
612	612	(2) a court-appointed volunteer advocate, if
613	613	available;
614	614	(3) a parent or a person who specializes in parental
615	615	rights, including a family law attorney; and
616	616	(4) community leaders from the catchment area,
617	617	including leaders from local political subdivisions.
618	618	(b) The department shall adopt rules governing community
619	619	engagement groups and the maximum number of members in a group.
620	620	(c) Established stakeholder organizations in a catchment
621	621	area, including child welfare boards, may request to be designated
622	622	by the department as the community engagement group for that
623	623	catchment area.
624	624	(d) The community engagement group shall:
625	625	(1) provide feedback to the department on the
626	626	implementation of community-based foster care in the catchment area
627	627	and the ongoing operation of community-based foster care in the
628	628	catchment area;
629	629	(2) identify and report problems arising from the
630	630	implementation process to the department;
631	631	(3) identify, develop, promote, or facilitate the use
632	632	of local resources, including prevention and early intervention
633	633	resources, to supplement community-based foster care services; and
634	634	(4) serve as a facilitator for integrating the
635	635	voluntary participation of local organizations that provide family
636	636	and child welfare services into community-based foster care.
637	637	(e) Chapter 551, Government Code, applies to a community
638	638	engagement group.
639	639	Sec. 264.157. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM
640	640	CONTRACTOR. To be eligible to enter into a contract with the
641	641	department to serve as a single source continuum contractor to
642	642	provide foster care service delivery, an entity must be a nonprofit
643	643	or governmental entity that:
644	644	(1) is licensed as a service provider by the
645	645	department;
646	646	(2) has an organizational mission and has demonstrated
647	647	experience in the delivery of services to children and families;
648	648	and
649	649	(3) has the ability to provide all of the case
650	650	management and placement services and perform all of the duties of a
651	651	single source continuum contractor required under this subchapter
652	652	or that can provide a plan to gain that ability during the
653	653	implementation of community-based foster care in a catchment area.
654	654	Sec. 264.158. REQUIRED CONTRACT PROVISIONS. A contract
655	655	with a single source continuum contractor to provide foster care
656	656	services in a catchment area must include provisions that:
657	657	(1) specify performance outcomes and financial
658	658	incentives for exceeding any specified performance outcomes;
659	659	(2) establish conditions for the single source
660	660	continuum contractor's access to relevant department data and
661	661	require the participation of the contractor in the data access and
662	662	standards governance council created under Section 264.159;
663	663	(3) require the single source continuum contractor to
664	664	create a single process for the training and use of alternative
665	665	caregivers for all child-placing agencies in the catchment area to
666	666	facilitate reciprocity of licenses for alternative caregivers
667	667	between agencies, including respite and overnight care providers,
668	668	as those terms are defined by department rule; and
669	669	(4) require the single source continuum contractor to
670	670	maintain a diverse network of service providers that offer a range
671	671	of foster capacity options and that can accommodate children from
672	672	diverse cultural backgrounds.
673	673	Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.
674	674	(a) The department shall create a data access and standards
675	675	governance council to develop protocols for access by single source
676	676	continuum contractors to the department's data to allow the
677	677	contractors to perform case management functions.
678	678	(b) The department shall develop rules and processes for the
679	679	operation of the council. Each single source continuum contractor
680	680	that has entered into a contract with the department to provide
681	681	services under this subchapter shall participate in the council.
682	682	The council may also include:
683	683	(1) representatives of entities that manage court
684	684	proceedings;
685	685	(2) the courts;
686	686	(3) the department;
687	687	(4) health care providers; and
688	688	(5) any other entities the department considers
689	689	necessary.
690	690	(c) The council shall:
691	691	(1) develop protocols for the access, management,
692	692	security, and retention of case data that is shared between the
693	693	department and a single source continuum contractor;
694	694	(2) approve any changes to protocols at the request of
695	695	a service provider or the department; and
696	696	(3) conduct any other additional duties related to
697	697	data sharing protocols as considered necessary by the department.
698	698	(d) The department may assign the duties of the council to
699	699	any existing office or division of the department with functions
700	700	similar to the duties of the council. Each single source continuum
701	701	contractor and any additional entities as described by Subsection
702	702	(b) shall participate in the development of protocols and any other
703	703	duties assigned under this subsection.
704	704	Sec. 264.160. TRANSFER OF CASE MANAGEMENT SERVICES TO
705	705	SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment
706	706	area where community-based foster care has been implemented or a
707	707	contract with a single source continuum contractor has been
708	708	executed before June 1, 2017, the department shall transfer to the
709	709	single source continuum contractor providing services in that area:
710	710	(1) the case management of children and families
711	711	receiving services from that contractor; and
712	712	(2) family reunification support services to be
713	713	provided after a child receiving services from the contractor is
714	714	returned to the child's family for the period of time ordered by the
715	715	court.
716	716	(b) The department shall collaborate with a single source
717	717	continuum contractor to establish an initial case transfer planning
718	718	team to:
719	719	(1) address any necessary data transfer;
720	720	(2) establish file transfer procedures; and
721	721	(3) notify relevant persons regarding the transfer of
722	722	services to the contractor.
723	723	Sec. 264.161. LIABILITY INSURANCE REQUIREMENTS. A single
724	724	source continuum contractor and any subcontractor of the single
725	725	source continuum contractor providing community-based foster care
726	726	services shall maintain minimum insurance coverage, as required in
727	727	the contract with the department, to minimize the risk of
728	728	insolvency and protect against damages. The executive commissioner
729	729	may adopt rules to implement this section.
730	730	Sec. 264.162. REVIEW OF CONTRACTOR PERFORMANCE. (a) The
731	731	department shall develop a formal review process to evaluate a
732	732	single source continuum contractor's implementation of placement
733	733	services and case management services in a catchment area.
734	734	(b) The department shall conduct the review for a single
735	735	source continuum contractor after the contractor completes the
736	736	implementation of placement services in a catchment area, and after
737	737	the contractor completes the implementation of case management
738	738	services in the catchment area.
739	739	Sec. 264.163. NOTICE REQUIRED FOR EARLY TERMINATION OF
740	740	CONTRACT. (a) A single source continuum contractor may terminate a
741	741	contract entered into under this subchapter by providing notice to
742	742	the department of the contractor's intent to terminate the contract
743	743	not later than the 90th day before the date of the termination.
744	744	(b) The department may terminate a contract entered into
745	745	with a single source continuum contractor under this subchapter by
746	746	providing notice to the contractor of the department's intent to
747	747	terminate the contract not later than the 30th day before the date
748	748	of termination.
749	749	Sec. 264.164. CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT
750	750	TERMINATION. (a) In each catchment area in which community-based
751	751	foster care is implemented, the department shall create a
752	752	contingency plan to ensure the continuity of services for children
753	753	and families in the catchment area in the event of an early
754	754	termination of the contract with the single source continuum
755	755	contractor providing foster care services in that catchment area.
756	756	(b) If a single source continuum contractor gives notice to
757	757	the department of an early contract termination, the department may
758	758	enter into a contract with a different contractor for the sole
759	759	purpose of assuming the contract that is being terminated.
760	760	Sec. 264.165. REVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT.
761	761	(a) Notwithstanding any other provision of this subchapter
762	762	governing the transfer of case management authority to a single
763	763	source continuum contractor, the department shall review a
764	764	contractor's decision with respect to a child's permanency goal.
765	765	The department must approve or disapprove a contractor's
766	766	recommended permanency goal for a child not later than 72 hours
767	767	after the department receives the recommendation from the
768	768	contractor.
769	769	(b) Subsection (a) may not be construed to limit or restrict
770	770	the authority of the department to:
771	771	(1) include necessary oversight measures and review
772	772	processes to maintain compliance with federal and state
773	773	requirements in a contract with a single source continuum
774	774	contractor; or
775	775	(2) attend court proceedings related to a child in the
776	776	conservatorship of the department, including any hearings, trials,
777	777	or mediations.
778	778	(c) The department shall develop an internal dispute
779	779	resolution process to decide disagreements between a single source
780	780	continuum contractor and the department.
781	781	Sec. 264.166. STATUTORY DUTIES ASSUMED BY CONTRACTOR.
782	782	Except as provided by Section 264.167, a single source continuum
783	783	contractor providing foster care services in a catchment area must,
784	784	either directly or through subcontractors, assume the statutory
785	785	duties of the department in connection with the delivery of foster
786	786	care services in that catchment area.
787	787	Sec. 264.167. CONTINUING DUTIES OF DEPARTMENT. In a
788	788	catchment area in which a single source continuum contractor is
789	789	providing family-based safety services, community-based foster
790	790	care services, or integrated care coordination, legal
791	791	representation of the department in an action under this code shall
792	792	be provided in accordance with Section 264.009.
793	793	Sec. 264.168. CONFIDENTIALITY. (a) The records of a single
794	794	source continuum contractor relating to the provision of
795	795	community-based foster care services in a catchment area are
796	796	subject to Chapter 552, Government Code, in the same manner as the
797	797	records of the department are subject to that chapter.
798	798	(b) Subchapter C, Chapter 261, regarding the
799	799	confidentiality of certain case information, applies to the records
800	800	of a single source continuum contractor in relation to the
801	801	provision of services by the contractor.
802	802	Sec. 264.169. ATTORNEY-CLIENT PRIVILEGE. An employee,
803	803	agent, or representative of a single source continuum contractor is
804	804	considered to be a client's representative of the department for
805	805	purposes of the privilege under Rule 503, Texas Rules of Evidence,
806	806	as that privilege applies to communications with a prosecuting
807	807	attorney or other attorney representing the department, or the
808	808	attorney's representatives, in a proceeding under this subtitle.
809	809	Sec. 264.170. CHILD PROTECTIVE SERVICES LEGISLATIVE
810	810	OVERSIGHT COMMITTEE. (a) In this section, "committee" means the
811	811	Child Protective Services Legislative Oversight Committee
812	812	established under this section.
813	813	(b) The Child Protective Services Legislative Oversight
814	814	Committee is created to facilitate the transfer of functions from
815	815	the department to single source continuum contractors under this
816	816	subchapter with minimal negative effect on the delivery of services
817	817	to which those functions relate.
818	818	(c) The committee is composed of 11 voting members, as
819	819	follows:
820	820	(1) four members of the senate, appointed by the
821	821	lieutenant governor;
822	822	(2) four members of the house of representatives,
823	823	appointed by the speaker of the house of representatives; and
824	824	(3) three members of the public, appointed by the
825	825	governor.
826	826	(d) The commissioner of the department serves as an ex
827	827	officio, nonvoting member of the committee.
828	828	(e) A member of the committee serves at the pleasure of the
829	829	appointing official.
830	830	(f) The lieutenant governor and the speaker of the house of
831	831	representatives shall each designate a presiding co-chair from
832	832	among their respective appointments.
833	833	(g) A member of the committee may not receive compensation
834	834	for serving on the committee but is entitled to reimbursement for
835	835	travel expenses incurred by the member while conducting the
836	836	business of the committee as provided by the General Appropriations
837	837	Act.
838	838	(h) The committee shall:
839	839	(1) facilitate the transfer of functions from the
840	840	department to single source continuum contractors with minimal
841	841	negative effect on the delivery of services to which those
842	842	functions relate;
843	843	(2) with assistance from the department, advise the
844	844	commissioner of the department concerning:
845	845	(A) the functions to be transferred under this
846	846	subchapter and the funds and obligations that are related to the
847	847	functions;
848	848	(B) the transfer of the functions and related
849	849	records, funds, and obligations by the department that are required
850	850	by this subchapter; and
851	851	(C) the reorganization of the department's
852	852	administrative structure as required by the implementation of
853	853	community-based foster care under this subchapter and other
854	854	provisions enacted by the 85th Legislature that become law; and
855	855	(3) meet at least semiannually at the call of either
856	856	chair, in addition to meeting at other times as determined
857	857	appropriate by either chair.
858	858	(i) Chapter 551, Government Code, applies to the committee.
859	859	(j) The committee shall submit a report to the governor,
860	860	lieutenant governor, speaker of the house of representatives, and
861	861	legislature not later than December 1 of each even-numbered year.
862	862	The report must include an update on the progress of and issues
863	863	related to:
864	864	(1) the implementation of community-based foster
865	865	care, including the need for any additional statutory changes
866	866	required to ensure the achievement of the stated purposes of this
867	867	subchapter; and
868	868	(2) the reorganization of the department's
869	869	administrative structure as necessary during the implementation of
870	870	community-based foster care under this subchapter and other
871	871	provisions enacted by the 85th Legislature that become law.
872	872	Sec. 264.171. PILOT PROGRAM FOR FAMILY-BASED SAFETY
873	873	SERVICES. (a) In this section, "case management services" means
874	874	the direct delivery and coordination of a network of formal and
875	875	informal activities and services in a catchment area where the
876	876	department has entered into, or is in the process of entering into,
877	877	a contract with a single source continuum contractor to provide
878	878	family-based safety services and case management and includes:
879	879	(1) caseworker visits with the child and all
880	880	caregivers;
881	881	(2) family visits;
882	882	(3) family group conferencing or family group
883	883	decision-making;
884	884	(4) development of the family plan of service;
885	885	(5) monitoring, developing, securing, and
886	886	coordinating services;
887	887	(6) evaluating the progress of children, caregivers,
888	888	and families receiving services;
889	889	(7) assuring that the rights of children, caregivers,
890	890	and families receiving services are protected;
891	891	(8) duties relating to family-based safety services
892	892	ordered by a court, including:
893	893	(A) providing any required notifications or
894	894	consultations;
895	895	(B) preparing court reports;
896	896	(C) attending judicial hearings, trials, and
897	897	mediations;
898	898	(D) complying with applicable court orders; and
899	899	(E) ensuring the child is progressing toward the
900	900	goal of permanency within state and federally mandated guidelines;
901	901	and
902	902	(9) any other function or service that the department
903	903	determines is necessary to allow a single source continuum
904	904	contractor to assume responsibility for case management.
905	905	(b) The department shall develop and implement in two child
906	906	protective services regions of the state a pilot program under
907	907	which the commission contracts with a single nonprofit entity that
908	908	has an organizational mission focused on child welfare or a
909	909	governmental entity in each region to provide family-based safety
910	910	services and case management for children and families receiving
911	911	family-based safety services. The contract must include a
912	912	transition plan for the provision of services that ensures the
913	913	continuity of services for children and families in the selected
914	914	regions.
915	915	(c) The contract with an entity must include
916	916	performance-based provisions that require the entity to achieve the
917	917	following outcomes for families receiving services from the entity:
918	918	(1) a decrease in recidivism;
919	919	(2) an increase in protective factors; and
920	920	(3) any other performance-based outcome specified by
921	921	the department.
922	922	(d) The commission may only contract for implementation of
923	923	the pilot program with entities that the department considers to
924	924	have the capacity to provide, either directly or through
925	925	subcontractors, an array of evidence-based, promising practice, or
926	926	evidence-informed services and support programs to children and
927	927	families in the selected child protective services regions.
928	928	(e) The contracted entity must perform all statutory duties
929	929	of the department in connection with the delivery of the services
930	930	specified in Subsection (b).
931	931	(f) The contracted entity must give preference for
932	932	employment to employees of the department:
933	933	(1) whose position at the department is impacted by
934	934	the implementation of community-based foster care; and
935	935	(2) who are considered by the department to be
936	936	employees in good standing.
937	937	(g) Not later than December 31, 2018, the department shall
938	938	report to the appropriate standing committees of the legislature
939	939	having jurisdiction over child protective services and foster care
940	940	matters on the progress of the pilot program. The report must
941	941	include:
942	942	(1) an evaluation of each contracted entity's success
943	943	in achieving the outcomes described by Subsection (c); and
944	944	(2) a recommendation as to whether the pilot program
945	945	should be continued, expanded, or terminated.
946	946	(b) Section 264.126, Family Code, is transferred to
947	947	Subchapter B-1, Chapter 264, Family Code, as added by this section,
948	948	redesignated as Section 264.153, Family Code, and amended to read
949	949	as follows:
950	950	Sec. 264.153 [264.126]. COMMUNITY-BASED FOSTER CARE
951	951	[REDESIGN] IMPLEMENTATION PLAN. (a) The department shall develop
952	952	and maintain a plan for implementing community-based [the] foster
953	953	care [redesign required by Chapter 598 (S.B. 218), Acts of the 82nd
954	954	Legislature, Regular Session, 2011]. The plan must:
955	955	(1) describe the department's expectations, goals, and
956	956	approach to implementing community-based foster care [redesign];
957	957	(2) include a timeline for implementing
958	958	community-based [the] foster care [redesign] throughout this
959	959	state, a timeline for the transfer of case management services, and
960	960	any limitations related to the implementation;
961	961	(3) include [, and] a progressive intervention plan
962	962	and a contingency plan to provide continuity of foster care service
963	963	delivery if a contract with a single source continuum contractor
964	964	ends prematurely;
965	965	(4) include a provision establishing the required time
966	966	for a contractor to provide notice of contract termination;
967	967	(5) [(3)] delineate and define the case management
968	968	roles and responsibilities of the department and the department's
969	969	contractors and the duties, employees, and related funding that
970	970	will be transferred to the contractor by the department;
971	971	(6) [(4)] identify any training needs and include
972	972	long-range and continuous plans for training and cross-training
973	973	staff;
974	974	(7) [(5)] include a plan for evaluating the costs and
975	975	tasks associated with each contract procurement, including the
976	976	initial and ongoing contract costs for the department and
977	977	contractor;
978	978	(8) [(6)] include the department's contract
979	979	monitoring approach and a plan for evaluating the performance of
980	980	each contractor and the community-based foster care [redesign]
981	981	system as a whole that includes an independent evaluation of each
982	982	contractor's processes and fiscal and qualitative outcomes; and
983	983	(9) [(7)] include a report on transition issues
984	984	resulting from implementation of community-based [the] foster care
985	985	[redesign].
986	986	(b) The department shall annually:
987	987	(1) update the implementation plan developed under
988	988	this section and post the updated plan on the department's Internet
989	989	website; and
990	990	(2) post on the department's Internet website the
991	991	progress the department has made toward its goals for implementing
992	992	community-based [the] foster care [redesign].
993	993	SECTION 14. Subchapter A, Chapter 265, Family Code, is
994	994	amended by adding Section 265.0042 to read as follows:
995	995	Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
996	996	EDUCATION. (a) Subject to the availability of funds, the Health
997	997	and Human Services Commission, on behalf of the department, shall
998	998	enter into agreements with institutions of higher education to
999	999	conduct efficacy reviews of any prevention and early intervention
1000	1000	programs that have not previously been evaluated for effectiveness
1001	1001	through a scientific research evaluation process.
1002	1002	(b) Subject to the availability of funds, the department
1003	1003	shall collaborate with an institution of higher education to create
1004	1004	and track indicators of child well-being to determine the
1005	1005	effectiveness of prevention and early intervention services.
1006	1006	SECTION 15. Section 266.012, Family Code, is amended by
1007	1007	adding Subsection (c) to read as follows:
1008	1008	(c) A single source continuum contractor under Subchapter
1009	1009	B-1, Chapter 264, providing therapeutic foster care services to a
1010	1010	child shall ensure that the child receives a comprehensive
1011	1011	assessment under this section at least once every 90 days.
1012	1012	SECTION 16. (a) Section 531.02013, Government Code, is
1013	1013	amended to read as follows:
1014	1014	Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
1015	1015	The following functions are not subject to transfer under Sections
1016	1016	531.0201 and 531.02011:
1017	1017	(1) the functions of the Department of Family and
1018	1018	Protective Services, including the statewide intake of reports and
1019	1019	other information, related to the following:
1020	1020	(A) child protective services, including
1021	1021	services that are required by federal law to be provided by this
1022	1022	state's child welfare agency;
1023	1023	(B) adult protective services, other than
1024	1024	investigations of the alleged abuse, neglect, or exploitation of an
1025	1025	elderly person or person with a disability:
1026	1026	(i) in a facility operated, or in a facility
1027	1027	or by a person licensed, certified, or registered, by a state
1028	1028	agency; or
1029	1029	(ii) by a provider that has contracted to
1030	1030	provide home and community-based services; [and]
1031	1031	(C) prevention and early intervention services;
1032	1032	and
1033	1033	(D) investigations of alleged abuse, neglect, or
1034	1034	exploitation occurring at a child-care facility, as that term is
1035	1035	defined in Section 40.042, Human Resources Code; and
1036	1036	(2) the public health functions of the Department of
1037	1037	State Health Services, including health care data collection and
1038	1038	maintenance of the Texas Health Care Information Collection
1039	1039	program.
1040	1040	(b) Notwithstanding any provision of Subchapter A-1,
1041	1041	Chapter 531, Government Code, or any other law, the responsibility
1042	1042	for conducting investigations of reports of abuse, neglect, or
1043	1043	exploitation occurring at a child-care facility, as that term is
1044	1044	defined in Section 40.042, Human Resources Code, as added by this
1045	1045	Act, may not be transferred to the Health and Human Services
1046	1046	Commission and remains the responsibility of the Department of
1047	1047	Family and Protective Services.
1048	1048	(c) As soon as possible after the effective date of this
1049	1049	section, the commissioner of the Department of Family and
1050	1050	Protective Services shall transfer the responsibility for
1051	1051	conducting investigations of reports of abuse, neglect, or
1052	1052	exploitation occurring at a child-care facility, as that term is
1053	1053	defined in Section 40.042, Human Resources Code, as added by this
1054	1054	Act, to the child protective services division of the department.
1055	1055	The commissioner shall transfer appropriate investigators and
1056	1056	staff as necessary to implement this section.
1057	1057	(d) This section takes effect immediately if this Act
1058	1058	receives a vote of two-thirds of all the members of each house, as
1059	1059	provided by Section 39, Article III, Texas Constitution. If this
1060	1060	Act does not receive the vote necessary for this section to take
1061	1061	immediate effect, this section takes effect on the 91st day after
1062	1062	the last day of the legislative session.
1063	1063	SECTION 17. (a) Subchapter A, Chapter 533, Government
1064	1064	Code, is amended by adding Section 533.0054 to read as follows:
1065	1065	Sec. 533.0054. HEALTH SCREENING REQUIREMENTS FOR ENROLLEE
1066	1066	UNDER STAR HEALTH PROGRAM. (a) A managed care organization that
1067	1067	contracts with the commission to provide health care services to
1068	1068	recipients under the STAR Health program must ensure that enrollees
1069	1069	receive a complete early and periodic screening, diagnosis, and
1070	1070	treatment checkup in accordance with the requirements specified in
1071	1071	the contract between the managed care organization and the
1072	1072	commission.
1073	1073	(b) The commission shall include a provision in a contract
1074	1074	with a managed care organization to provide health care services to
1075	1075	recipients under the STAR Health program specifying progressive
1076	1076	monetary penalties for the organization's failure to comply with
1077	1077	Subsection (a).
1078	1078	(b) The Health and Human Services Commission shall, in a
1079	1079	contract for the provision of health care services under the STAR
1080	1080	Health program between the commission and a managed care
1081	1081	organization under Chapter 533, Government Code, that is entered
1082	1082	into, renewed, or extended on or after the effective date of this
1083	1083	section, require that the managed care organization comply with
1084	1084	Section 533.0054, Government Code, as added by this section.
1085	1085	(c) The Health and Human Services Commission may not impose
1086	1086	a monetary penalty for noncompliance with a contract provision
1087	1087	described by Section 533.0054(b), Government Code, as added by this
1088	1088	section, until September 1, 2018.
1089	1089	(d) If before implementing Section 533.0054, Government
1090	1090	Code, as added by this section, the Health and Human Services
1091	1091	Commission determines that a waiver or authorization from a federal
1092	1092	agency is necessary for implementation of that provision, the
1093	1093	agency affected by the provision shall request the waiver or
1094	1094	authorization and may delay implementing that provision until the
1095	1095	waiver or authorization is granted.
1096	1096	SECTION 18. (a) Subchapter A, Chapter 533, Government
1097	1097	Code, is amended by adding Section 533.0056 to read as follows:
1098	1098	Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF
1099	1099	PLACEMENT CHANGE. A contract between a managed care organization
1100	1100	and the commission for the organization to provide health care
1101	1101	services to recipients under the STAR Health program must require
1102	1102	the organization to ensure continuity of care for a child whose
1103	1103	placement has changed by:
1104	1104	(1) notifying each specialist treating the child of
1105	1105	the placement change; and
1106	1106	(2) coordinating the transition of care from the
1107	1107	child's previous treating primary care physician and treating
1108	1108	specialists to the child's new treating primary care physician and
1109	1109	treating specialists, if any.
1110	1110	(b) The changes in law made by this section apply only to a
1111	1111	contract for the provision of health care services under the STAR
1112	1112	Health program between the Health and Human Services Commission and
1113	1113	a managed care organization under Chapter 533, Government Code,
1114	1114	that is entered into, renewed, or extended on or after the effective
1115	1115	date of this section.
1116	1116	(c) If before implementing Section 533.0056, Government
1117	1117	Code, as added by this section, the Health and Human Services
1118	1118	Commission determines that a waiver or authorization from a federal
1119	1119	agency is necessary for implementation of that provision, the
1120	1120	health and human services agency affected by the provision shall
1121	1121	request the waiver or authorization and may delay implementing that
1122	1122	provision until the waiver or authorization is granted.
1123	1123	SECTION 19. Section 40.032, Human Resources Code, is
1124	1124	amended by adding Subsection (h) to read as follows:
1125	1125	(h) In this subsection, "community-based foster care" has
1126	1126	the meaning assigned by Section 264.152, Family Code. The
1127	1127	department shall collaborate with single source continuum
1128	1128	contractors to ensure that employees of the department who perform
1129	1129	case management functions are given preference for employment by
1130	1130	service providers under the community-based foster care service
1131	1131	system.
1132	1132	SECTION 20. (a) Subchapter B, Chapter 40, Human Resources
1133	1133	Code, is amended by adding Sections 40.039, 40.040, 40.041, and
1134	1134	40.042 to read as follows:
1135	1135	Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The
1136	1136	department shall periodically review the department's records
1137	1137	retention policy with respect to case and intake records relating
1138	1138	to department functions. The department shall make changes to the
1139	1139	policy consistent with the records retention schedule submitted
1140	1140	under Section 441.185, Government Code, that are necessary to
1141	1141	improve case prioritization and the routing of cases to the
1142	1142	appropriate division of the department. The department may adopt
1143	1143	rules necessary to implement this section.
1144	1144	Sec. 40.040. FOSTER CARE SERVICES CONTRACT COMPLIANCE,
1145	1145	OVERSIGHT, AND QUALITY ASSURANCE DIVISION. (a) In this section,
1146	1146	"community-based foster care" has the meaning assigned by Section
1147	1147	264.152, Family Code.
1148	1148	(b) The department shall create within the department the
1149	1149	foster care services contract compliance, oversight, and quality
1150	1150	assurance division. The division shall:
1151	1151	(1) oversee contract compliance and achievement of
1152	1152	performance-based outcomes by any vendor that provides foster care
1153	1153	services for the department under community-based foster care;
1154	1154	(2) conduct assessments on the fiscal and qualitative
1155	1155	performance of any vendor that provides foster care services for
1156	1156	the department under community-based foster care; and
1157	1157	(3) create and administer a dispute resolution process
1158	1158	to resolve conflicts between vendors that contract with the
1159	1159	department to provide foster care services under community-based
1160	1160	foster care and any subcontractor of a vendor.
1161	1161	Sec. 40.041. OFFICE OF DATA ANALYTICS. The department
1162	1162	shall create an office of data analytics. The office shall report
1163	1163	to the deputy commissioner and may perform any of the following
1164	1164	functions, as determined by the department:
1165	1165	(1) monitor management trends;
1166	1166	(2) analyze employee exit surveys and interviews;
1167	1167	(3) evaluate the effectiveness of employee retention
1168	1168	efforts, including merit pay;
1169	1169	(4) create and manage a system for handling employee
1170	1170	complaints submitted by the employee outside of an employee's
1171	1171	direct chain of command, including anonymous complaints;
1172	1172	(5) monitor and provide reports to department
1173	1173	management personnel on:
1174	1174	(A) employee complaint data and trends in
1175	1175	employee complaints;
1176	1176	(B) compliance with annual department
1177	1177	performance evaluation requirements; and
1178	1178	(C) the department's use of positive performance
1179	1179	levels for employees;
1180	1180	(6) track employee tenure and internal employee
1181	1181	transfers within both the child protective services division and
1182	1182	the department;
1183	1183	(7) use data analytics to predict workforce shortages
1184	1184	and identify areas of the department with high rates of employee
1185	1185	turnover, and develop a process to inform the deputy commissioner
1186	1186	and other appropriate staff regarding the office's findings;
1187	1187	(8) create and monitor reports on key metrics of
1188	1188	agency performance;
1189	1189	(9) analyze available data, including data on employee
1190	1190	training, for historical and predictive department trends; and
1191	1191	(10) conduct any other data analysis the department
1192	1192	determines to be appropriate for improving performance, meeting the
1193	1193	department's current business needs, or fulfilling the powers and
1194	1194	duties of the department.
1195	1195	Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND
1196	1196	EXPLOITATION. (a) In this section, "child-care facility"
1197	1197	includes a facility, licensed or unlicensed child-care facility,
1198	1198	family home, residential child-care facility, employer-based
1199	1199	day-care facility, or shelter day-care facility, as those terms are
1200	1200	defined in Chapter 42.
1201	1201	(b) For all investigations of child abuse, neglect, or
1202	1202	exploitation conducted by the child protective services division of
1203	1203	the department, the department shall adopt the definitions of
1204	1204	abuse, neglect, and exploitation provided in Section 261.001,
1205	1205	Family Code.
1206	1206	(c) The department shall establish standardized policies to
1207	1207	be used during investigations.
1208	1208	(d) The commissioner shall establish units within the child
1209	1209	protective services division of the department to specialize in
1210	1210	investigating allegations of child abuse and neglect occurring at a
1211	1211	child-care facility.
1212	1212	(e) The department may require that investigators who
1213	1213	specialize in allegations of child abuse and neglect occurring at
1214	1214	child-care facilities receive ongoing training on the minimum
1215	1215	licensing standards for any facilities that are applicable to the
1216	1216	investigator's specialization.
1217	1217	(f) After an investigation of abuse, neglect, or
1218	1218	exploitation occurring at a child-care facility, the department
1219	1219	shall provide the state agency responsible for regulating the
1220	1220	facility with access to any information relating to the
1221	1221	department's investigation. Providing access to confidential
1222	1222	information under this subsection does not constitute a waiver of
1223	1223	confidentiality.
1224	1224	(g) The department may adopt rules to implement this
1225	1225	section.
1226	1226	(b) As soon as possible after the effective date of this
1227	1227	Act, the commissioner of the Department of Family and Protective
1228	1228	Services shall establish the office of data analytics required by
1229	1229	Section 40.041, Human Resources Code, as added by this section. The
1230	1230	commissioner and the executive commissioner of the Health and Human
1231	1231	Services Commission shall transfer appropriate staff as necessary
1232	1232	to conduct the duties of the office.
1233	1233	(c) The Department of Family and Protective Services must
1234	1234	implement the standardized definitions and policies required under
1235	1235	Sections 40.042(b) and (c), Human Resources Code, as added by this
1236	1236	Act, not later than December 1, 2017.
1237	1237	SECTION 21. Section 40.051, Human Resources Code, is
1238	1238	amended to read as follows:
1239	1239	Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department
1240	1240	shall develop a departmental strategic plan based on the goals and
1241	1241	priorities stated in the commission's coordinated strategic plan
1242	1242	for health and human services. The department shall also develop
1243	1243	its plan based on:
1244	1244	(1) furthering the policy of family preservation;
1245	1245	(2) the goal of ending the abuse and neglect of
1246	1246	children in the conservatorship of the department; and
1247	1247	(3) the goal of increasing the capacity and
1248	1248	availability of foster, relative, and kinship placements in this
1249	1249	state.
1250	1250	SECTION 22. (a) Section 40.058(f), Human Resources Code,
1251	1251	is amended to read as follows:
1252	1252	(f) A contract for residential child-care services provided
1253	1253	by a general residential operation or by a child-placing agency
1254	1254	must include provisions that:
1255	1255	(1) enable the department and commission to monitor
1256	1256	the effectiveness of the services;
1257	1257	(2) specify performance outcomes, financial penalties
1258	1258	for failing to meet any specified performance outcomes, and
1259	1259	financial incentives for exceeding any specified performance
1260	1260	outcomes;
1261	1261	(3) authorize the department or commission to
1262	1262	terminate the contract or impose monetary sanctions for a violation
1263	1263	of a provision of the contract that specifies performance criteria
1264	1264	or for underperformance in meeting any specified performance
1265	1265	outcomes;
1266	1266	(4) authorize the department or commission, an agent
1267	1267	of the department or commission, and the state auditor to inspect
1268	1268	all books, records, and files maintained by a contractor relating
1269	1269	to the contract; and
1270	1270	(5) are necessary, as determined by the department or
1271	1271	commission, to ensure accountability for the delivery of services
1272	1272	and for the expenditure of public funds.
1273	1273	(b) The Health and Human Services Commission shall, in a
1274	1274	contract for residential child-care services between the
1275	1275	commission and a general residential operation or child-placing
1276	1276	agency that is entered into on or after the effective date of this
1277	1277	section, including a renewal contract, include the provisions
1278	1278	required by Section 40.058(f), Human Resources Code, as amended by
1279	1279	this section.
1280	1280	(c) The Health and Human Services Commission shall seek to
1281	1281	amend contracts for residential child-care services entered into
1282	1282	with general residential operations or child-placing agencies
1283	1283	before the effective date of this section to include the provisions
1284	1284	required by Section 40.058(f), Human Resources Code, as amended by
1285	1285	this section.
1286	1286	(d) The Department of Family and Protective Services and the
1287	1287	Health and Human Services Commission may not impose a financial
1288	1288	penalty against a general residential operation or child-placing
1289	1289	agency under a contract provision described by Section 40.058(f)(2)
1290	1290	or (3), Human Resources Code, as amended by this section, until
1291	1291	September 1, 2018.
1292	1292	SECTION 23. (a) Subchapter C, Chapter 40, Human Resources
1293	1293	Code, is amended by adding Section 40.0581 to read as follows:
1294	1294	Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE
1295	1295	PROVIDER CONTRACTS. (a) The commission, in collaboration with the
1296	1296	department, shall contract with a vendor or enter into an agreement
1297	1297	with an institution of higher education to develop, in coordination
1298	1298	with the department, performance quality metrics for family-based
1299	1299	safety services and post-adoption support services providers. The
1300	1300	quality metrics must be included in each contract with those
1301	1301	providers.
1302	1302	(b) Each provider whose contract with the commission to
1303	1303	provide department services includes the quality metrics developed
1304	1304	under Subsection (a) must prepare and submit to the department a
1305	1305	report each calendar quarter regarding the provider's performance
1306	1306	based on the quality metrics.
1307	1307	(c) The commissioner shall compile a summary of all reports
1308	1308	prepared and submitted to the department by family-based safety
1309	1309	services providers as required by Subsection (b) and distribute the
1310	1310	summary to appropriate family-based safety services caseworkers
1311	1311	and child protective services region management once each calendar
1312	1312	quarter.
1313	1313	(d) The commissioner shall compile a summary of all reports
1314	1314	prepared and submitted to the department by post-adoption support
1315	1315	services providers as required by Subsection (b) and distribute the
1316	1316	summary to appropriate conservatorship and adoption caseworkers
1317	1317	and child protective services region management.
1318	1318	(e) The department shall make the summaries prepared under
1319	1319	Subsections (c) and (d) available to families that are receiving
1320	1320	family-based safety services and to adoptive families.
1321	1321	(f) This section does not apply to a provider that has
1322	1322	entered into a contract with the commission to provide family-based
1323	1323	safety services under Section 264.171, Family Code.
1324	1324	(b) The quality metrics required by Section 40.0581, Human
1325	1325	Resources Code, as added by this section, must be developed not
1326	1326	later than September 1, 2018, and included in any contract,
1327	1327	including a renewal contract, entered into by the Health and Human
1328	1328	Services Commission with a family-based safety services provider or
1329	1329	a post-adoption support services provider on or after January 1,
1330	1330	2019, except as provided by Section 40.0581(f), Human Resources
1331	1331	Code, as added by this section.
1332	1332	SECTION 24. Section 42.002(23), Human Resources Code, is
1333	1333	amended to read as follows:
1334	1334	(23) "Other maltreatment" means:
1335	1335	(A) abuse, as defined by Section 261.001 [or
1336	1336	261.401], Family Code; or
1337	1337	(B) neglect, as defined by Section 261.001 [or
1338	1338	261.401], Family Code.
1339	1339	SECTION 25. Section 42.042, Human Resources Code, is
1340	1340	amended by adding Subsections (s) and (t) to read as follows:
1341	1341	(s) The department shall create and implement processes to
1342	1342	simplify and streamline the licensing and verification rules for
1343	1343	agency foster homes and child-placing agencies, including:
1344	1344	(1) a process to allow provisional verification of a
1345	1345	foster home, based on the foster parent's partial completion of the
1346	1346	licensing requirements, as determined by the department; and
1347	1347	(2) a process to streamline background checks for
1348	1348	potential foster care providers.
1349	1349	(t) The department may waive certain minimum standards or
1350	1350	may permit a child-placing agency to waive certain verification
1351	1351	requirements for a foster home under this section.
1352	1352	SECTION 26. (a) Subchapter C, Chapter 42, Human Resources
1353	1353	Code, is amended by adding Section 42.0432 to read as follows:
1354	1354	Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD
1355	1355	PLACED WITH CHILD-PLACING AGENCY. (a) A child-placing agency or
1356	1356	general residential operation that contracts with the department to
1357	1357	provide services must ensure that the children who are in the
1358	1358	managing conservatorship of the department and are placed with the
1359	1359	child-placing agency or general residential operation receive a
1360	1360	complete early and periodic screening, diagnosis, and treatment
1361	1361	checkup in accordance with the requirements specified in the
1362	1362	contract between the child-placing agency or general residential
1363	1363	operation and the department.
1364	1364	(b) The commission shall include a provision in a contract
1365	1365	with a child-placing agency or general residential operation
1366	1366	specifying progressive monetary penalties for the child-placing
1367	1367	agency's or general residential operation's failure to comply with
1368	1368	Subsection (a).
1369	1369	(b) A child-placing agency or general residential operation
1370	1370	that contracts to provide services for the Department of Family and
1371	1371	Protective Services must comply with the requirements of Section
1372	1372	42.0432, Human Resources Code, as added by this section, not later
1373	1373	than August 31, 2018. The department and the Health and Human
1374	1374	Services Commission may not impose a monetary penalty for
1375	1375	noncompliance with a contract provision described by that section
1376	1376	until September 1, 2018.
1377	1377	SECTION 27. Section 42.044(c-1), Human Resources Code, is
1378	1378	amended to read as follows:
1379	1379	(c-1) The department:
1380	1380	(1) shall investigate a listed family home if the
1381	1381	department receives a complaint that:
1382	1382	(A) a child in the home has been abused or
1383	1383	neglected, as defined by Section 261.001 [261.401], Family Code; or
1384	1384	(B) otherwise alleges an immediate risk of danger
1385	1385	to the health or safety of a child being cared for in the home; and
1386	1386	(2) may investigate a listed family home to ensure
1387	1387	that the home is providing care for compensation to not more than
1388	1388	three children, excluding children who are related to the
1389	1389	caretaker.
1390	1390	SECTION 28. Section 261.401(a), Family Code, is repealed.
1391	1391	SECTION 29. The changes in law made by this Act to Section
1392	1392	263.401, Family Code, apply only to a suit affecting the
1393	1393	parent-child relationship filed on or after the effective date of
1394	1394	this Act. A suit affecting the parent-child relationship filed
1395	1395	before the effective date of this Act is governed by the law in
1396	1396	effect on the date the suit was filed, and the former law is
1397	1397	continued in effect for that purpose.
1398	1398	SECTION 30. Except as otherwise provided by this Act, the
1399	1399	changes in law made by this Act apply only to a contract for foster
1400	1400	care services entered into or renewed on or after the effective date
1401	1401	of this Act.
1402	1402	SECTION 31. Except as otherwise provided by this Act, this
1403	1403	Act takes effect September 1, 2017.