Texas 2017 - 85th Regular

Texas House Bill HB914 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4892 MK-D
2	2	By: Thompson of Harris H.B. No. 914
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of services provided by the
8	8	Department of Family and Protective Services, including foster
9	9	care, child protective, and prevention and early intervention
10	10	services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 261, Family Code, is
13	13	amended by adding Section 261.004 to read as follows:
14	14	Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR
15	15	NEGLECT REPORTS. The department shall collect, compile, and
16	16	monitor data regarding repeated reports of abuse or neglect
17	17	involving the same child or by the same alleged perpetrator. In
18	18	compiling reports under this section, the department shall group
19	19	together separate reports involving different children residing in
20	20	the same household.
21	21	SECTION 2. Section 264.1075, Family Code, is amended by
22	22	adding Subsection (c) to read as follows:
23	23	(c) The department shall collaborate with a managed care
24	24	organization that contracts to provide STAR Health program benefits
25	25	to develop and implement an assessment tool for a caseworker to use
26	26	in triaging a child's medical and behavioral health care needs not
27	27	later than the fifth day after the date the child is removed from
28	28	the child's home. The results of the assessment must be used to
29	29	identify whether a child has high medical or behavioral health care
30	30	needs and to expedite delivery of appropriate services for the
31	31	child.
32	32	SECTION 3. (a) Subchapter B, Chapter 264, Family Code, is
33	33	amended by adding Sections 264.1261, 264.128, and 264.129 to read
34	34	as follows:
35	35	Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In
36	36	this section, "catchment area" has the meaning assigned by Section
37	37	264.151.
38	38	(b) Appropriate department management from a child
39	39	protective services region that includes a catchment area, in
40	40	collaboration with foster care providers, faith-based entities,
41	41	and child advocates in that catchment area, shall use data
42	42	collected by the department on foster care capacity needs and
43	43	availability of each type of foster care placement in the catchment
44	44	area to create a plan to address the foster care capacity needs in
45	45	the catchment area. The plan must identify both short-term and
46	46	long-term goals and strategies for addressing those capacity needs.
47	47	(c) A foster care capacity needs plan developed under
48	48	Subsection (b) must be:
49	49	(1) submitted to, and approved by, the department; and
50	50	(2) updated annually.
51	51	(d) The department shall publish each initial foster care
52	52	capacity needs plan and each annual update to a plan on the
53	53	department's Internet website.
54	54	Sec. 264.128. PILOT PROGRAM FOR INTEGRATED CASE MANAGEMENT
55	55	FOR CERTAIN CHILDREN. (a) The department shall develop and
56	56	implement in one child protective services region of the state a
57	57	pilot program under which the commission contracts with a nonprofit
58	58	entity that has an organizational mission focused on child welfare
59	59	to serve as a single service provider to provide integrated case
60	60	management services for children in foster care in that region who
61	61	have the most severe medical and behavioral health care needs. The
62	62	contract must require the single service provider to coordinate the
63	63	activities of all other providers of medical, placement, and
64	64	behavioral health case management services for a child described by
65	65	this subsection to ensure that all services are used effectively
66	66	without duplication for the purpose of achieving a quality outcome.
67	67	(b) The executive commissioner shall set a payment rate for
68	68	the contracted single service provider that is separate from
69	69	standard foster care payment amounts provided under this chapter.
70	70	(c) The contract with the single service provider must
71	71	include performance-based provisions that require the provider to
72	72	achieve the following outcomes:
73	73	(1) an increase in child safety, placement stability,
74	74	and permanency;
75	75	(2) a decrease in placements at residential treatment
76	76	centers and in length of stay for a child placed at a residential
77	77	treatment center; and
78	78	(3) a decrease in inpatient psychiatric placements and
79	79	in length of stay for a child receiving inpatient psychiatric
80	80	treatment.
81	81	(d) Not later than December 31, 2018, the department shall
82	82	report to the appropriate standing committees of the legislature
83	83	having jurisdiction over child protective services and foster care
84	84	matters on the progress of the pilot program. The report must
85	85	include:
86	86	(1) an evaluation of the single service provider's
87	87	success in achieving the outcomes described by Subsection (c); and
88	88	(2) a recommendation as to whether the pilot program
89	89	should be continued, expanded, or terminated.
90	90	(e) This section expires December 31, 2019.
91	91	Sec. 264.129. SINGLE CHILD PLAN OF SERVICE INITIATIVE. (a)
92	92	In this section, "foster care redesign" has the meaning assigned by
93	93	Section 264.151.
94	94	(b) In regions of the state where foster care redesign has
95	95	not been implemented, the department shall:
96	96	(1) collaborate with child-placing agencies to
97	97	implement the single child plan of service model developed under
98	98	the single child plan of service initiative; and
99	99	(2) ensure that a single child plan of service is
100	100	developed for each child in foster care in those regions.
101	101	(b) Notwithstanding Section 264.129(b), Family Code, as
102	102	added by this section, the Department of Family and Protective
103	103	Services shall develop and implement a single child plan of service
104	104	for each child in foster care in a region of the state described by
105	105	that section not later than December 1, 2017.
106	106	SECTION 4. (a) Chapter 264, Family Code, is amended by
107	107	adding Subchapter B-1 to read as follows:
108	108	SUBCHAPTER B-1. FOSTER CARE REDESIGN
109	109	Sec. 264.151. DEFINITIONS. In this subchapter:
110	110	(1) "Catchment area" means a geographic service area
111	111	for providing child protective services that is identified as part
112	112	of foster care redesign.
113	113	(2) "Foster care redesign" means the foster care
114	114	redesign required by Chapter 598 (S.B. 218), Acts of the 82nd
115	115	Legislature, Regular Session, 2011.
116	116	Sec. 264.153. READINESS REVIEW PROCESS FOR FOSTER CARE
117	117	REDESIGN CONTRACTOR. (a) The department shall develop a formal
118	118	review process to assess the ability of a single source continuum
119	119	contractor to satisfy the responsibilities and administrative
120	120	requirements of delivering foster care services, including the
121	121	contractor's ability to provide:
122	122	(1) high-quality case management services;
123	123	(2) evidence-based or promising practice services and
124	124	supports for children and families; and
125	125	(3) sufficient available capacity for inpatient and
126	126	outpatient services and supports for children.
127	127	(b) The department must develop the review process under
128	128	Subsection (a) before the department may expand foster care
129	129	redesign outside of the initial catchment areas where foster care
130	130	redesign has been implemented.
131	131	(c) If after conducting the review process developed under
132	132	Subsection (a) the department determines that a single source
133	133	continuum contractor is able to adequately deliver foster care
134	134	services in advance of the projected readiness date stated in the
135	135	foster care redesign timeline developed under Section
136	136	264.152(a)(2), the department may adjust the timeline to allow for
137	137	an earlier transition of service delivery to the contractor.
138	138	Sec. 264.154. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM
139	139	CONTRACTOR. To be eligible to enter into a contract with the
140	140	commission to serve as a single source continuum contractor to
141	141	provide foster care service delivery, an entity must be a nonprofit
142	142	entity that has an organizational mission focused on child welfare.
143	143	Sec. 264.155. TRANSFER OF CASE MANAGEMENT SERVICES TO
144	144	SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment
145	145	area where foster care redesign has been implemented, the
146	146	department shall transfer to the single source continuum contractor
147	147	providing foster care services in that area:
148	148	(1) the case management of children and families
149	149	receiving services from that contractor; and
150	150	(2) family reunification support services to be
151	151	provided for six months after a child receiving services from the
152	152	contractor is returned to the child's family.
153	153	(b) The commission shall include a provision in a contract
154	154	with a single source continuum contractor to provide foster care
155	155	services in a catchment area to which foster care redesign is
156	156	expanded after September 1, 2017, that requires the transfer to the
157	157	contractor of the provision of:
158	158	(1) high-quality case management services for
159	159	children and families receiving services from the contractor in the
160	160	catchment area where the contractor will be operating; and
161	161	(2) family reunification support services to be
162	162	provided for six months after a child receiving services from the
163	163	contractor is returned to the child's family.
164	164	Sec. 264.156. PILOT PROGRAM FOR FAMILY-BASED SAFETY
165	165	SERVICES AND CASE MANAGEMENT. (a) The department shall develop and
166	166	implement in two child protective services regions of the state a
167	167	pilot program under which the commission contracts with a single
168	168	nonprofit entity that has an organizational mission focused on
169	169	child welfare in each region to provide family-based safety
170	170	services and case management for children and families receiving
171	171	family-based safety services. The contract must include a
172	172	transition plan for the provision of services that ensures the
173	173	continuity of services for children and families in the selected
174	174	regions.
175	175	(b) The contract with an entity must include
176	176	performance-based provisions that require the entity to achieve the
177	177	following outcomes for families receiving services from the entity:
178	178	(1) a decrease in recidivism; and
179	179	(2) an increase in home safety factors.
180	180	(c) The commission may only contract for implementation of
181	181	the pilot program with entities that the department considers to
182	182	have the capacity to provide, either directly or through
183	183	subcontractors, an array of evidence-based services and support
184	184	programs to children and families in the selected child protective
185	185	services regions.
186	186	(d) Not later than December 31, 2018, the department shall
187	187	report to the appropriate standing committees of the legislature
188	188	having jurisdiction over child protective services and foster care
189	189	matters on the progress of the pilot program. The report must
190	190	include:
191	191	(1) an evaluation of each contracted entity's success
192	192	in achieving the outcomes described by Subsection (b); and
193	193	(2) a recommendation as to whether the pilot program
194	194	should be continued, expanded, or terminated.
195	195	(e) This section expires December 31, 2019.
196	196	(b) Section 264.126, Family Code, is transferred to
197	197	Subchapter B-1, Chapter 264, Family Code, as added by this section,
198	198	redesignated as Section 264.152, Family Code, and amended to read
199	199	as follows:
200	200	Sec. 264.152 [264.126]. REDESIGN IMPLEMENTATION PLAN.
201	201	(a) The department shall develop and maintain a plan for
202	202	implementing [the] foster care redesign [required by Chapter 598
203	203	(S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011].
204	204	The plan must:
205	205	(1) describe the department's expectations, goals, and
206	206	approach to implementing foster care redesign;
207	207	(2) include a timeline for implementing the foster
208	208	care redesign throughout this state, any limitations related to the
209	209	implementation, and a progressive intervention plan and a
210	210	contingency plan to provide continuity of foster care service
211	211	delivery if a contract with a single source continuum contractor
212	212	ends prematurely;
213	213	(3) delineate and define the case management roles and
214	214	responsibilities of the department and the department's
215	215	contractors and the duties, employees, and related funding that
216	216	will be transferred to the contractor by the department;
217	217	(4) identify any training needs and include long-range
218	218	and continuous plans for training and cross-training staff;
219	219	(5) include a plan for evaluating the costs and tasks
220	220	associated with each contract procurement, including the initial
221	221	and ongoing contract costs for the department and contractor;
222	222	(6) include the department's contract monitoring
223	223	approach and a plan for evaluating the performance of each
224	224	contractor and the foster care redesign system as a whole that
225	225	includes an independent evaluation of processes and outcomes; and
226	226	(7) include a report on transition issues resulting
227	227	from implementation of the foster care redesign.
228	228	(b) The department shall annually:
229	229	(1) update the implementation plan developed under
230	230	this section and post the updated plan on the department's Internet
231	231	website; and
232	232	(2) post on the department's Internet website the
233	233	progress the department has made toward its goals for implementing
234	234	the foster care redesign.
235	235	(c) Section 264.154, Family Code, as added by this section,
236	236	applies only to a contract entered into with a single source
237	237	continuum contractor on or after the effective date of this
238	238	section.
239	239	SECTION 5. Subchapter A, Chapter 265, Family Code, is
240	240	amended by adding Sections 265.0041 and 265.0042 to read as
241	241	follows:
242	242	Sec. 265.0041. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND
243	243	EARLY INTERVENTION SERVICES. (a) The department shall use
244	244	existing risk terrain modeling systems, predictive analytics, or
245	245	geographic risk assessments to:
246	246	(1) identify geographic areas that have high risk
247	247	indicators of child maltreatment and child fatalities resulting
248	248	from abuse or neglect; and
249	249	(2) target the implementation and use of prevention
250	250	and early intervention services to those geographic areas.
251	251	(b) The department may not use data gathered under this
252	252	section to identify a specific family or individual.
253	253	Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
254	254	EDUCATION. (a) The Health and Human Services Commission, on behalf
255	255	of the department, shall enter into agreements with institutions of
256	256	higher education to conduct efficacy reviews of any prevention and
257	257	early intervention programs that have not previously been evaluated
258	258	for effectiveness through a scientific research evaluation
259	259	process.
260	260	(b) The department shall collaborate with an institution of
261	261	higher education to create and track indicators of child well-being
262	262	to determine the effectiveness of prevention and early intervention
263	263	services.
264	264	SECTION 6. Section 265.005(b), Family Code, is amended to
265	265	read as follows:
266	266	(b) A strategic plan required under this section must:
267	267	(1) identify methods to leverage other sources of
268	268	funding or provide support for existing community-based prevention
269	269	efforts;
270	270	(2) include a needs assessment that identifies
271	271	programs to best target the needs of the highest risk populations
272	272	and geographic areas;
273	273	(3) identify the goals and priorities for the
274	274	department's overall prevention efforts;
275	275	(4) report the results of previous prevention efforts
276	276	using available information in the plan;
277	277	(5) identify additional methods of measuring program
278	278	effectiveness and results or outcomes;
279	279	(6) identify methods to collaborate with other state
280	280	agencies on prevention efforts; [and]
281	281	(7) identify specific strategies to implement the plan
282	282	and to develop measures for reporting on the overall progress
283	283	toward the plan's goals; and
284	284	(8) identify specific strategies to increase local
285	285	capacity for the delivery of prevention and early intervention
286	286	services through collaboration with communities and stakeholders.
287	287	SECTION 7. (a) Section 531.02013, Government Code, is
288	288	amended to read as follows:
289	289	Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN
290	290	AGENCIES. The following functions are not subject to transfer
291	291	under Sections 531.0201 and 531.02011:
292	292	(1) the functions of the Department of Family and
293	293	Protective Services, including the statewide intake of reports and
294	294	other information, related to the following:
295	295	(A) child protective services, including
296	296	services that are required by federal law to be provided by this
297	297	state's child welfare agency;
298	298	(B) adult protective services, other than
299	299	investigations of the alleged abuse, neglect, or exploitation of an
300	300	elderly person or person with a disability:
301	301	(i) in a facility operated, or in a facility
302	302	or by a person licensed, certified, or registered, by a state
303	303	agency; or
304	304	(ii) by a provider that has contracted to
305	305	provide home and community-based services; [and]
306	306	(C) prevention and early intervention services;
307	307	and
308	308	(D) investigations of alleged abuse or neglect
309	309	occurring at a child-care facility, including a residential
310	310	child-care facility, as those terms are defined by Section 42.002,
311	311	Human Resources Code; and
312	312	(2) the public health functions of the Department of
313	313	State Health Services, including health care data collection and
314	314	maintenance of the Texas Health Care Information Collection
315	315	program.
316	316	(b) Notwithstanding any provision of Subchapter A-1,
317	317	Chapter 531, Government Code, or any other law, the responsibility
318	318	for conducting investigations of reports of abuse or neglect
319	319	occurring at a child-care facility, including a residential
320	320	child-care facility, as those terms are defined by Section 42.002,
321	321	Human Resources Code, may not be transferred to the Health and Human
322	322	Services Commission and remains the responsibility of the
323	323	Department of Family and Protective Services.
324	324	(c) As soon as possible after the effective date of this
325	325	section, the commissioner of the Department of Family and
326	326	Protective Services shall transfer the responsibility for
327	327	conducting investigations of reports of abuse or neglect occurring
328	328	at a child-care facility, including a residential child-care
329	329	facility, as those terms are defined by Section 42.002, Human
330	330	Resources Code, to the child protective services division of the
331	331	department. The commissioner shall transfer appropriate
332	332	investigators and staff as necessary to implement this section.
333	333	(d) This section takes effect immediately if this Act
334	334	receives a vote of two-thirds of all the members of each house, as
335	335	provided by Section 39, Article III, Texas Constitution. If this
336	336	Act does not receive the vote necessary for this section to take
337	337	immediate effect, this section takes effect on the 91st day after
338	338	the last day of the legislative session.
339	339	SECTION 8. (a) Subchapter A, Chapter 533, Government Code,
340	340	is amended by adding Section 533.0054 to read as follows:
341	341	Sec. 533.0054. HEALTH SCREENING REQUIREMENTS FOR ENROLLEE
342	342	UNDER STAR HEALTH PROGRAM. (a) A managed care organization that
343	343	contracts with the commission to provide health care services to
344	344	recipients under the STAR Health program must ensure that at least
345	345	90 percent of the managed care organization's STAR Health program
346	346	enrollees receive a complete early and periodic screening,
347	347	diagnosis, and treatment checkup not later than the 30th day after
348	348	the date the enrollee is removed from the enrollee's home and placed
349	349	in the conservatorship of the Department of Family and Protective
350	350	Services.
351	351	(b) The commission shall include a provision in a contract
352	352	with a managed care organization to provide health care services to
353	353	recipients under the STAR Health program specifying monetary
354	354	penalties for the organization's failure to comply with Subsection
355	355	(a). The penalties must be in amounts that are proportional to the
356	356	number of percentage points by which the organization fails to
357	357	comply with the percentage required by Subsection (a).
358	358	(b) The Health and Human Services Commission shall, in a
359	359	contract for the provision of health care services under the STAR
360	360	Health program between the commission and a managed care
361	361	organization under Chapter 533, Government Code, that is entered
362	362	into or renewed on or after the effective date of this section,
363	363	require that the managed care organization comply with Section
364	364	533.0054, Government Code, as added by this section.
365	365	(c) The Health and Human Services Commission shall seek to
366	366	amend contracts for the provision of health care services under the
367	367	STAR Health program entered into with managed care organizations
368	368	under Chapter 533, Government Code, before the effective date of
369	369	this section to require those managed care organizations to comply
370	370	with Section 533.0054, Government Code, as added by this section.
371	371	To the extent of a conflict between Section 533.0054, Government
372	372	Code, as added by this section, and a provision of a contract with a
373	373	managed care organization entered into before the effective date of
374	374	this section, the contract provision prevails.
375	375	(d) The Health and Human Services Commission may not impose
376	376	a monetary penalty for noncompliance with a contract provision
377	377	described by Section 533.0054(b), Government Code, as added by this
378	378	section, until September 1, 2018.
379	379	(e) If before implementing Section 533.0054, Government
380	380	Code, as added by this section, the Health and Human Services
381	381	Commission determines that a waiver or authorization from a federal
382	382	agency is necessary for implementation of that provision, the
383	383	agency affected by the provision shall request the waiver or
384	384	authorization and may delay implementing that provision until the
385	385	waiver or authorization is granted.
386	386	SECTION 9. Subchapter B, Chapter 40, Human Resources Code,
387	387	is amended by adding Sections 40.039 and 40.040 to read as follows:
388	388	Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The
389	389	department shall periodically review the department's records
390	390	retention policy with respect to case and intake records relating
391	391	to department functions. The department shall make changes to the
392	392	policy consistent with the records retention schedule submitted
393	393	under Section 441.185, Government Code, that are necessary to
394	394	improve case prioritization and the routing of cases to the
395	395	appropriate division of the department.
396	396	Sec. 40.040. FOSTER CARE SERVICES VENDOR QUALITY OVERSIGHT
397	397	AND ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE. (a) In
398	398	this section, "foster care redesign" has the meaning assigned by
399	399	Section 264.151, Family Code.
400	400	(b) The department shall create within the department the
401	401	foster care services vendor quality oversight and assurance
402	402	division. The division shall:
403	403	(1) oversee quality and ensure accountability of any
404	404	vendor that provides foster care and full case management services
405	405	for the department under foster care redesign; and
406	406	(2) monitor the transfer from the department to a
407	407	vendor of full case management services for children and families
408	408	receiving services from the vendor, including any transfer
409	409	occurring under a pilot program.
410	410	(c) The commission shall contract with an independent
411	411	verification and validation vendor to develop, in coordination with
412	412	the department, standards for the continuous monitoring of the
413	413	adherence of a vendor providing foster care services under foster
414	414	care redesign to the terms of the contract entered into by the
415	415	vendor and the commission. The standards must include performance
416	416	benchmarks relating to the provision of case management services in
417	417	the catchment area where the vendor operates.
418	418	SECTION 10. (a) Section 40.058(f), Human Resources Code,
419	419	is amended to read as follows:
420	420	(f) A contract for residential child-care services provided
421	421	by a general residential operation or by a child-placing agency
422	422	must include provisions that:
423	423	(1) enable the department and commission to monitor
424	424	the effectiveness of the services;
425	425	(2) specify performance outcomes, financial penalties
426	426	for failing to meet any specified performance outcomes, and
427	427	financial incentives for exceeding any specified performance
428	428	outcomes;
429	429	(3) authorize the department or commission to
430	430	terminate the contract or impose monetary sanctions for a violation
431	431	of a provision of the contract that specifies performance criteria
432	432	or for underperformance in meeting any specified performance
433	433	outcomes;
434	434	(4) authorize the department or commission, an agent
435	435	of the department or commission, and the state auditor to inspect
436	436	all books, records, and files maintained by a contractor relating
437	437	to the contract; and
438	438	(5) are necessary, as determined by the department or
439	439	commission, to ensure accountability for the delivery of services
440	440	and for the expenditure of public funds.
441	441	(b) The Health and Human Services Commission shall, in a
442	442	contract for residential child-care services between the
443	443	commission and a general residential operation or child-placing
444	444	agency that is entered into on or after the effective date of this
445	445	section, including a renewal contract, include the provisions
446	446	required by Section 40.058(f), Human Resources Code, as amended by
447	447	this section.
448	448	(c) The Health and Human Services Commission shall seek to
449	449	amend contracts for residential child-care services entered into
450	450	with general residential operations or child-placing agencies
451	451	before the effective date of this section to include the provisions
452	452	required by Section 40.058(f), Human Resources Code, as amended by
453	453	this section.
454	454	(d) The Department of Family and Protective Services and the
455	455	Health and Human Services Commission may not impose a financial
456	456	penalty against a general residential operation or child-placing
457	457	agency under a contract provision described by Section
458	458	40.058(f)(2), Human Resources Code, as amended by this section,
459	459	until September 1, 2018.
460	460	SECTION 11. (a) Subchapter C, Chapter 40, Human Resources
461	461	Code, is amended by adding Section 40.0581 to read as follows:
462	462	Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE
463	463	PROVIDER CONTRACTS. (a) The commission shall contract with a
464	464	vendor or enter into an agreement with an institution of higher
465	465	education to develop, in coordination with the department,
466	466	performance quality metrics for family-based safety services and
467	467	post-adoption support services providers. The quality metrics must
468	468	be included in each contract with those providers.
469	469	(b) Each provider whose contract with the commission to
470	470	provide department services includes the quality metrics developed
471	471	under Subsection (a) must prepare and submit to the department a
472	472	report each calendar quarter regarding the provider's performance
473	473	based on the quality metrics.
474	474	(c) The department shall distribute each report prepared by
475	475	a family-based safety services provider as required by Subsection
476	476	(b) to appropriate family-based safety services caseworkers and
477	477	child protective services region management.
478	478	(d) The department shall distribute each report prepared by
479	479	a post-adoption support services provider as required by Subsection
480	480	(b) to appropriate conservatorship and adoption caseworkers and
481	481	child protective services region management.
482	482	(e) This section does not apply to a provider that has
483	483	entered into a contract with the commission to provide family-based
484	484	safety services under Section 264.156, Family Code. This
485	485	subsection expires on the date Section 264.156, Family Code,
486	486	expires.
487	487	(b) The quality metrics required by Section 40.0581, Human
488	488	Resources Code, as added by this section, must be developed not
489	489	later than September 1, 2018, and included in any contract,
490	490	including a renewal contract, entered into by the Health and Human
491	491	Services Commission with a family-based safety services provider or
492	492	a post-adoption support services provider on or after January 1,
493	493	2019, except as provided by Section 40.0581(e), Human Resources
494	494	Code, as added by this section.
495	495	SECTION 12. (a) Subchapter C, Chapter 42, Human Resources
496	496	Code, is amended by adding Section 42.0432 to read as follows:
497	497	Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD
498	498	PLACED WITH CHILD-PLACING AGENCY. (a) A child-placing agency that
499	499	contracts with the department to provide services must ensure that
500	500	at least 90 percent of the children that are in the managing
501	501	conservatorship of the department and are placed with the
502	502	child-placing agency receive a complete early and periodic
503	503	screening, diagnosis, and treatment checkup not later than the 30th
504	504	day after the date the child is placed with the child-placing
505	505	agency.
506	506	(b) The commission shall include a provision in a contract
507	507	with a child-placing agency specifying monetary penalties for the
508	508	child-placing agency's failure to comply with Subsection (a). The
509	509	penalties must be in amounts that are proportional to the number of
510	510	percentage points by which the child-placing agency fails to comply
511	511	with the percentage required by Subsection (a).
512	512	(b) A child-placing agency that contracts to provide
513	513	services for the Department of Family and Protective Services must
514	514	comply with the requirements of Section 42.0432, Human Resources
515	515	Code, as added by this section, not later than August 31, 2018. The
516	516	department and the Health and Human Services Commission may not
517	517	impose a monetary penalty for noncompliance with a contract
518	518	provision described by that section until September 1, 2018.
519	519	SECTION 13. Except as otherwise provided by this Act, this
520	520	Act takes effect September 1, 2017.