85R25382 MK-D
By: Schwertner, et al. S.B. No. 11
(Frank)
Substitute the following for S.B. No. 11: No.
A BILL TO BE ENTITLED
AN ACT
relating to the administration of services provided by the
Department of Family and Protective Services, including foster
care, child protective services, and prevention and early
intervention services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.004, Family Code, is amended to read
as follows:
Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
(1) an act by a member of a family or household against
another member of the family or household that is intended to result
in physical harm, bodily injury, assault, or sexual assault or that
is a threat that reasonably places the member in fear of imminent
physical harm, bodily injury, assault, or sexual assault, but does
not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections
261.001(1)(C), (E), (G), (H), (I), (J), [and] (K), and (M), by a
member of a family or household toward a child of the family or
household; or
(3) dating violence, as that term is defined by
Section 71.0021.
SECTION 2. Section 162.005, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The department shall ensure that each licensed
child-placing agency, single source continuum contractor, or other
person placing a child for adoption receives a copy of any portion
of the report prepared by the department.
SECTION 3. Section 162.0062, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If a child is placed with a prospective adoptive
parent prior to adoption, the prospective adoptive parent is
entitled to examine any record or other information relating to the
child's health history, including the portion of the report
prepared under Section 162.005 for the child that relates to the
child's health. The department, licensed child-placing agency,
single source continuum contractor, or other person placing a child
for adoption shall inform the prospective adoptive parent of the
prospective adoptive parent's right to examine the records and
other information relating to the child's health history. The
department, licensed child-placing agency, single source continuum
contractor, or other person placing the child for adoption shall
edit the records and information to protect the identity of the
biological parents and any other person whose identity is
confidential.
SECTION 4. Section 162.007, Family Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) The health history of the child must include information
about:
(1) the child's health status at the time of placement;
(2) the child's birth, neonatal, and other medical,
psychological, psychiatric, and dental history information,
including to the extent known by the department:
(A) whether the child's birth mother consumed
alcohol during pregnancy; and
(B) whether the child has been diagnosed with
fetal alcohol spectrum disorder;
(3) a record of immunizations for the child; and
(4) the available results of medical, psychological,
psychiatric, and dental examinations of the child.
(g) In this section, "fetal alcohol spectrum disorder"
means any of a group of conditions that can occur in a person whose
mother consumed alcohol during pregnancy.
SECTION 5. Section 261.001, Family Code, is amended by
amending Subdivisions (1), (4), and (5) and adding Subdivision (3)
to read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or children
under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011,
Penal Code, or aggravated sexual assault under Section 22.021,
Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including compelling or encouraging the child in a manner that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, prostitution under Section
43.02(b), Penal Code, or compelling prostitution under Section
43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code; [or]
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections; or
(M) forcing or coercing a child to enter into a
marriage.
(3) "Exploitation" means the illegal or improper use
of a child or of the resources of a child for monetary or personal
benefit, profit, or gain by an employee, volunteer, or other
individual working under the auspices of a facility or program as
further described by rule or policy.
(4) "Neglect":
(A) includes:
(i) the leaving of a child in a situation
where the child would be exposed to a substantial risk of physical
or mental harm, without arranging for necessary care for the child,
and the demonstration of an intent not to return by a parent,
guardian, or managing or possessory conservator of the child;
(ii) the following acts or omissions by a
person:
(a) placing a child in or failing to
remove a child from a situation that a reasonable person would
realize requires judgment or actions beyond the child's level of
maturity, physical condition, or mental abilities and that results
in bodily injury or a substantial risk of immediate harm to the
child;
(b) failing to seek, obtain, or follow
through with medical care for a child, with the failure resulting in
or presenting a substantial risk of death, disfigurement, or bodily
injury or with the failure resulting in an observable and material
impairment to the growth, development, or functioning of the child;
(c) the failure to provide a child
with food, clothing, or shelter necessary to sustain the life or
health of the child, excluding failure caused primarily by
financial inability unless relief services had been offered and
refused;
(d) placing a child in or failing to
remove the child from a situation in which the child would be
exposed to a substantial risk of sexual conduct harmful to the
child; or
(e) placing a child in or failing to
remove the child from a situation in which the child would be
exposed to acts or omissions that constitute abuse under
Subdivision (1)(E), (F), (G), (H), or (K) committed against another
child; [or]
(iii) the failure by the person responsible
for a child's care, custody, or welfare to permit the child to
return to the child's home without arranging for the necessary care
for the child after the child has been absent from the home for any
reason, including having been in residential placement or having
run away; or
(iv) a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility or program, including failure to comply with an
individual treatment plan, plan of care, or individualized service
plan, that causes or may cause substantial emotional harm or
physical injury to, or the death of, a child served by the facility
or program as further described by rule or policy; and
(B) does not include the refusal by a person
responsible for a child's care, custody, or welfare to permit the
child to remain in or return to the child's home resulting in the
placement of the child in the conservatorship of the department if:
(i) the child has a severe emotional
disturbance;
(ii) the person's refusal is based solely on
the person's inability to obtain mental health services necessary
to protect the safety and well-being of the child; and
(iii) the person has exhausted all
reasonable means available to the person to obtain the mental
health services described by Subparagraph (ii).
(5) "Person responsible for a child's care, custody,
or welfare" means a person who traditionally is responsible for a
child's care, custody, or welfare, including:
(A) a parent, guardian, managing or possessory
conservator, or foster parent of the child;
(B) a member of the child's family or household
as defined by Chapter 71;
(C) a person with whom the child's parent
cohabits;
(D) school personnel or a volunteer at the
child's school; [or]
(E) personnel or a volunteer at a public or
private child-care facility that provides services for the child or
at a public or private residential institution or facility where
the child resides; or
(F) an employee, volunteer, or other person
working under the supervision of a licensed or unlicensed
child-care facility, including a family home, residential
child-care facility, employer-based day-care facility, or shelter
day-care facility, as those terms are defined in Chapter 42, Human
Resources Code.
SECTION 6. Subchapter A, Chapter 261, Family Code, is
amended by adding Section 261.004 to read as follows:
Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR
NEGLECT REPORTS. (a) The department shall collect and monitor
data regarding repeated reports of abuse or neglect:
(1) involving the same child, including reports of
abuse or neglect of the child made while the child resided in other
households and reports of abuse or neglect of the child by different
alleged perpetrators made while the child resided in the same
household; or
(2) by the same alleged perpetrator.
(a-1) In monitoring reports of abuse or neglect under
Subsection (a), the department shall group together separate
reports involving differing children residing in the same
household.
(b) The department shall consider any report collected
under Subsection (a) involving any child or adult who is a part of a
child's household when making case priority determinations or when
conducting service or safety planning for the child or the child's
family.
SECTION 7. Section 261.101(b), Family Code, is amended to
read as follows:
(b) If a professional has cause to believe that a child has
been abused or neglected or may be abused or neglected, or that a
child is a victim of an offense under Section 21.11, Penal Code, and
the professional has cause to believe that the child has been abused
as defined by Section 261.001 [or 261.401], the professional shall
make a report not later than the 48th hour after the hour the
professional first suspects that the child has been or may be abused
or neglected or is a victim of an offense under Section 21.11, Penal
Code. A professional may not delegate to or rely on another person
to make the report. In this subsection, "professional" means an
individual who is licensed or certified by the state or who is an
employee of a facility licensed, certified, or operated by the
state and who, in the normal course of official duties or duties for
which a license or certification is required, has direct contact
with children. The term includes teachers, nurses, doctors,
day-care employees, employees of a clinic or health care facility
that provides reproductive services, juvenile probation officers,
and juvenile detention or correctional officers.
SECTION 8. Section 263.401, Family Code, is amended to read
as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION. (a) Unless the court has commenced the trial on the
merits or granted an extension under Subsection (b) or (b-1), on the
first Monday after the first anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over [court shall
dismiss] the suit affecting the parent-child relationship filed by
the department that requests termination of the parent-child
relationship or requests that the department be named conservator
of the child is terminated and the suit is automatically dismissed
without a court order.
(b) Unless the court has commenced the trial on the merits,
the court may not retain the suit on the court's docket after the
time described by Subsection (a) unless the court finds that
extraordinary circumstances necessitate the child remaining in the
temporary managing conservatorship of the department and that
continuing the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court
makes those findings, the court may retain the suit on the court's
docket for a period not to exceed 180 days after the time described
by Subsection (a). If the court retains the suit on the court's
docket, the court shall render an order in which the court:
(1) schedules the new date on which the suit will be
automatically dismissed if the trial on the merits has not
commenced, which date must be not later than the 180th day after the
time described by Subsection (a);
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits on a date not later
than the date specified under Subdivision (1).
(b-1) If, after commencement of the initial trial on the
merits within the time required by Subsection (a) or (b), the court
grants a motion for a new trial or mistrial, or the case is remanded
to the court by an appellate court following an appeal of the
court's final order, the court shall retain the suit on the court's
docket and render an order in which the court:
(1) schedules a new date on which the suit will be
automatically dismissed if the new trial has not commenced, which
must be a date not later than the 180th day after the date on which:
(A) the motion for a new trial or mistrial is
granted; or
(B) the appellate court remanded the case;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the new trial on the merits for a date not
later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
(b-1) but does not commence the trial on the merits before the
dismissal date, the court's jurisdiction over [court shall dismiss]
the suit is terminated and the suit is automatically dismissed
without a court order. The court may not grant an additional
extension that extends the suit beyond the required date for
dismissal under Subsection (b) or (b-1), as applicable.
SECTION 9. Section 264.018, Family Code, is amended by
adding Subsections (d-1) and (d-2) to read as follows:
(d-1) Except as provided by Subsection (d-2), as soon as
possible but not later than 24 hours after a change in placement of
a child in the conservatorship of the department, the department
shall give notice of the placement change to the managed care
organization that contracts with the commission to provide health
care services to the child under the STAR Health program. The
managed care organization shall give notice of the placement change
to the primary care physician listed in the child's health passport
before the end of the second business day after the day the
organization receives the notification from the department.
(d-2) In this subsection, "catchment area" has the meaning
assigned by Section 264.152. In a catchment area in which
community-based foster care has been implemented, the single source
continuum contractor that has contracted with the commission to
provide foster care services in that catchment area shall, as soon
as possible but not later than 24 hours after a change in placement
of a child in the conservatorship of the department, give notice of
the placement change to the managed care organization that
contracts with the commission to provide health care services to
the child under the STAR Health program. The managed care
organization shall give notice of the placement change to the
child's primary care physician in accordance with Subsection (d-1).
SECTION 10. (a) Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1076 to read as follows:
Sec. 264.1076. MEDICAL EXAMINATION REQUIRED. (a) This
section applies only to a child who has been taken into the
conservatorship of the department and remains in the
conservatorship of the department for more than three business
days.
(b) The department shall ensure that each child described by
Subsection (a) is examined and receives a mental health screening
conducted by a physician or other health care provider authorized
under state law to conduct medical examinations not later than the
end of:
(1) the third business day after the date the child
enters the conservatorship of the department; or
(2) the fifth business day after the date the child
enters the conservatorship of the department, if the child is
located in a rural area, as that term is defined by Section 845.002,
Insurance Code.
(c) Whenever possible, the department shall schedule the
medical examination and mental health screening for a child before
the last business day of the appropriate time frame provided under
Subsection (b).
(d) The department shall collaborate with the commission
and relevant medical practitioners to develop guidelines for the
medical examination and mental health screening conducted under
this section, including guidelines on the components to be included
in the examination and the screening.
(e) Not later than December 31, 2019, the department shall
submit a report to the standing committees of the house of
representatives and the senate with primary jurisdiction over child
protective services and foster care evaluating the statewide
implementation of the medical examination and mental health
screening required by this section. The report must include the
level of compliance with the requirements of this section in each
region of the state.
(b) Section 264.1076, Family Code, as added by this section,
applies only to a child who enters the conservatorship of the
Department of Family and Protective Services on or after the
effective date of this Act. A child who enters the conservatorship
of the Department of Family and Protective Services before the
effective date of this Act is governed by the law in effect on the
date the child entered the conservatorship of the department, and
the former law is continued in effect for that purpose.
(c) The Department of Family and Protective Services shall
implement Section 264.1076, Family Code, as added by this section,
not later than December 31, 2018.
SECTION 11. Section 264.124, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) On receipt of the verification required under
Subsection (b), or as provided by Subsection (d), the department
shall provide monetary assistance to a foster parent for full-time
or part-time day-care services for a foster child. The department
may not deny monetary assistance to the foster parent as long as the
foster parent is employed on a full-time or part-time basis.
SECTION 12. (a) Subchapter B, Chapter 264, Family Code, is
amended by adding Sections 264.1261 and 264.128 to read as follows:
Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In
this section, "community-based foster care" has the meaning
assigned by Section 264.152.
(b) Appropriate department management personnel from a
child protective services region in which community-based foster
care has not been implemented, in collaboration with foster care
providers, faith-based entities, and child advocates in that
region, shall use data collected by the department on foster care
capacity needs and availability of each type of foster care and
kinship placement in the region to create a plan to address the
substitute care capacity needs in the region. The plan must
identify both short-term and long-term goals and strategies for
addressing those capacity needs.
(c) A foster care capacity needs plan developed under
Subsection (b) must be:
(1) submitted to and approved by the commissioner; and
(2) updated annually.
(d) The department shall publish each initial foster care
capacity needs plan and each annual update to a plan on the
department's Internet website.
Sec. 264.128. SINGLE CHILD PLAN OF SERVICE INITIATIVE.
(a) In this section, "community-based foster care" has the meaning
assigned by Section 264.152.
(b) In regions of the state where community-based foster
care has not been implemented, the department shall:
(1) collaborate with child-placing agencies to
implement the single child plan of service model developed under
the single child plan of service initiative; and
(2) ensure that a single child plan of service is
developed for each child in foster care in those regions.
(b) Notwithstanding Section 264.128(b), Family Code, as
added by this section, the Department of Family and Protective
Services shall develop and implement a single child plan of service
for each child in foster care in a region of the state described by
that section not later than September 1, 2017.
SECTION 13. (a) Chapter 264, Family Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. COMMUNITY-BASED FOSTER CARE
Sec. 264.151. LEGISLATIVE FINDINGS AND INTENT. (a) The
legislature finds that:
(1) for more than 30 years, the child welfare system in
Texas has been centralized and managed by statutes and rules that
impose a uniform system on communities statewide and ignore the
fundamental differences between regions;
(2) in order for the department to effectively provide
child welfare services, as required by state and federal law, the
department shall consider and implement fundamental structural
changes to the provision of child protective and welfare services;
(3) child welfare services that are community-based
and family-centered, are monitored by community stakeholders, and
have effective accountability standards regarding performance
outcomes and practices have been found to lead to better outcomes
for children who are victims of abuse and neglect; and
(4) community-based foster care would align outcomes
to assist the state in achieving the state's goal of substantial
gains regarding performance outcomes in child safety, permanency,
and well-being.
(b) It is the intent of the legislature that the department
contract with community-based, nonprofit entities that have the
ability to provide child welfare services. The services provided
by the entities must include direct case management to ensure child
safety, permanency, and well-being, in accordance with state and
federal child welfare goals.
(c) It is the intent of the legislature that the provision
of community-based foster care for children be implemented with
measurable goals relating to:
(1) the safety of children in placements;
(2) the placement of children in each child's home
community;
(3) the provision of services to children in the least
restrictive environment possible and, if possible, in a family home
environment;
(4) minimal placement changes for children;
(5) the maintenance of contact between children and
their families and other important persons;
(6) the placement of children with siblings;
(7) the provision of services that respect each
child's culture;
(8) the preparation of children and youth in foster
care for adulthood;
(9) the provision of opportunities, experiences, and
activities for children and youth in foster care that are available
to children and youth who are not in foster care;
(10) the participation by children and youth in making
decisions relating to their own lives;
(11) the reunification of children with the biological
parents of the children when possible; and
(12) the promotion of the placement of children with
relative or kinship caregivers if reunification is not possible.
Sec. 264.152. DEFINITIONS. In this subchapter:
(1) "Alternative caregiver" means a person who is not
the foster parent of the child and who provides temporary care for
the child for more than 12 hours but less than 60 days.
(2) "Case management" means the provision of case
management services to a child for whom the department has been
appointed temporary or permanent managing conservator or the
child's family, relative or kinship caregivers, a young adult in
extended foster care, or a child who has been placed in the
catchment area through the Interstate Compact on the Placement of
Children, and includes:
(A) caseworker visits with the child;
(B) family and caregiver visits;
(C) convening and conducting permanency planning
meetings;
(D) the development and revision of the child and
family plans of service, including a permanency plan and goals for a
child or young adult in care;
(E) the coordination and monitoring of services
required by the child and the child's family;
(F) the assumption of court-related duties
regarding the child, including:
(i) providing any required notifications or
consultations;
(ii) preparing court reports;
(iii) attending judicial and permanency
hearings, trials, and mediations;
(iv) complying with applicable court
orders; and
(v) ensuring the child is progressing
toward the goal of permanency within state and federally mandated
guidelines; and
(G) any other function or service that the
department determines necessary to allow a single source continuum
contractor to assume responsibility for case management.
(3) "Catchment area" means a geographic service area
for providing child protective services that is identified as part
of the community-based foster care redesign.
(4) "Community-based foster care" means the
redesigned foster care services system required by Chapter 598
(S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011.
Sec. 264.154. READINESS REVIEW PROCESS FOR COMMUNITY-BASED
FOSTER CARE CONTRACTOR. (a) The department shall develop a formal
review process to assess the ability of a single source continuum
contractor to satisfy the responsibilities and administrative
requirements of delivering foster care services, including the
contractor's ability to provide:
(1) placement services for children and families;
(2) case management services for children and
families;
(3) evidence-based, promising practice, or
evidence-informed supports for children and families; and
(4) sufficient available capacity for inpatient and
outpatient services and supports for children at all service levels
who have previously been placed in the catchment area.
(b) As part of the readiness review process, the single
source continuum contractor must prepare a plan detailing the
methods by which the contractor will avoid or eliminate conflicts
of interest. The department may not transfer services to the
contractor until the department has determined the plan is
adequate.
(c) The department must develop the review process under
Subsection (a) before the department may expand community-based
foster care outside of the initial catchment areas where
community-based foster care has been implemented.
(d) The department must conduct a readiness review for a
single source continuum contractor before the transfer of placement
services to the contractor and before the transfer of case
management services to the contractor. The department may not
transfer those services to a contractor unless the readiness review
demonstrates that the contractor is able to adequately deliver the
services.
Sec. 264.155. EXPANSION OF COMMUNITY-BASED FOSTER CARE.
(a) Not later than December 31, 2019, the department shall:
(1) identify not more than eight catchment areas in
the state that are best suited to implement community-based foster
care of which not more than two catchment areas may be identified as
best suited to implement the transfer of case management services
to a single source continuum contractor;
(2) create an implementation plan for those catchment
areas that includes a timeline for implementation;
(3) following the readiness review process under
Section 264.154 and subject to the availability of funds, implement
community-based foster care in those catchment areas; and
(4) following the implementation of community-based
foster care services in those catchment areas, evaluate the
implementation process and single source continuum contractor
performance in each catchment area.
(b) Following the selection of the catchment areas under
Subsection (a), the department shall annually, based on the
availability of funding:
(1) provide a report to the legislature that details
the readiness of any remaining catchment areas in which
community-based foster care services have not been implemented; and
(2) subject to the availability of funds, the
readiness of the catchment areas, and the feasibility of
implementing community-based foster care in those areas, begin
implementing community-based foster care in those areas in
accordance with the timeline developed for those areas under
Subsection (a)(2) and the readiness review process developed under
Section 264.154.
(c) In expanding community-based foster care, the
department may change the geographic boundaries of catchment areas
as necessary to align with specific communities.
(d) The department shall ensure the continuity of services
for children and families during the transition period to
community-based foster care in a catchment area.
(e) In implementing community-based foster care in a
catchment area, the department may not transfer case management
services to a single source continuum contractor in that catchment
area until the department has successfully completed the transfer
of placement services to the contractor.
Sec. 264.156. COMMUNITY ENGAGEMENT GROUP. (a) The
department shall create a community engagement group in each
catchment area to assist with the implementation of community-based
foster care. The department may create more than one community
engagement group in a catchment area, as appropriate. Membership
in a community engagement group may include:
(1) representatives from:
(A) the department;
(B) the judiciary;
(C) school districts in the catchment area;
(D) law enforcement;
(E) the local mental health authority;
(F) the children's advocacy center, if
applicable;
(G) a child-placing agency; and
(H) child and family service providers,
including prevention service providers;
(2) a court-appointed volunteer advocate, if
available;
(3) a parent or a person who specializes in parental
rights, including a family law attorney; and
(4) community leaders from the catchment area,
including leaders from local political subdivisions.
(b) The department shall adopt rules governing community
engagement groups and the maximum number of members in a group.
(c) Established stakeholder organizations in a catchment
area, including child welfare boards, may request to be designated
by the department as the community engagement group for that
catchment area.
(d) The community engagement group shall:
(1) provide feedback to the department on the
implementation of community-based foster care in the catchment area
and the ongoing operation of community-based foster care in the
catchment area;
(2) identify and report problems arising from the
implementation process to the department;
(3) identify, develop, promote, or facilitate the use
of local resources, including prevention and early intervention
resources, to supplement community-based foster care services; and
(4) serve as a facilitator for integrating the
voluntary participation of local organizations that provide family
and child welfare services into community-based foster care.
(e) Chapter 551, Government Code, applies to a community
engagement group.
Sec. 264.157. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM
CONTRACTOR. To be eligible to enter into a contract with the
department to serve as a single source continuum contractor to
provide foster care service delivery, an entity must be a nonprofit
or governmental entity that:
(1) is licensed as a service provider by the
department;
(2) has an organizational mission and has demonstrated
experience in the delivery of services to children and families;
and
(3) has the ability to provide all of the case
management and placement services and perform all of the duties of a
single source continuum contractor required under this subchapter
or that can provide a plan to gain that ability during the
implementation of community-based foster care in a catchment area.
Sec. 264.158. REQUIRED CONTRACT PROVISIONS. A contract
with a single source continuum contractor to provide foster care
services in a catchment area must include provisions that:
(1) specify performance outcomes and financial
incentives for exceeding any specified performance outcomes;
(2) establish conditions for the single source
continuum contractor's access to relevant department data and
require the participation of the contractor in the data access and
standards governance council created under Section 264.159;
(3) require the single source continuum contractor to
create a single process for the training and use of alternative
caregivers for all child-placing agencies in the catchment area to
facilitate reciprocity of licenses for alternative caregivers
between agencies, including respite and overnight care providers,
as those terms are defined by department rule; and
(4) require the single source continuum contractor to
maintain a diverse network of service providers that offer a range
of foster capacity options and that can accommodate children from
diverse cultural backgrounds.
Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.
(a) The department shall create a data access and standards
governance council to develop protocols for access by single source
continuum contractors to the department's data to allow the
contractors to perform case management functions.
(b) The department shall develop rules and processes for the
operation of the council. Each single source continuum contractor
that has entered into a contract with the department to provide
services under this subchapter shall participate in the council.
The council may also include:
(1) representatives of entities that manage court
proceedings;
(2) the courts;
(3) the department;
(4) health care providers; and
(5) any other entities the department considers
necessary.
(c) The council shall:
(1) develop protocols for the access, management,
security, and retention of case data that is shared between the
department and a single source continuum contractor;
(2) approve any changes to protocols at the request of
a service provider or the department; and
(3) conduct any other additional duties related to
data sharing protocols as considered necessary by the department.
(d) The department may assign the duties of the council to
any existing office or division of the department with functions
similar to the duties of the council. Each single source continuum
contractor and any additional entities as described by Subsection
(b) shall participate in the development of protocols and any other
duties assigned under this subsection.
Sec. 264.160. TRANSFER OF CASE MANAGEMENT SERVICES TO
SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment
area where community-based foster care has been implemented or a
contract with a single source continuum contractor has been
executed before June 1, 2017, the department shall transfer to the
single source continuum contractor providing services in that area:
(1) the case management of children and families
receiving services from that contractor; and
(2) family reunification support services to be
provided after a child receiving services from the contractor is
returned to the child's family for the period of time ordered by the
court.
(b) The department shall collaborate with a single source
continuum contractor to establish an initial case transfer planning
team to:
(1) address any necessary data transfer;
(2) establish file transfer procedures; and
(3) notify relevant persons regarding the transfer of
services to the contractor.
Sec. 264.161. LIABILITY INSURANCE REQUIREMENTS. A single
source continuum contractor and any subcontractor of the single
source continuum contractor providing community-based foster care
services shall maintain minimum insurance coverage, as required in
the contract with the department, to minimize the risk of
insolvency and protect against damages. The executive commissioner
may adopt rules to implement this section.
Sec. 264.162. REVIEW OF CONTRACTOR PERFORMANCE. (a) The
department shall develop a formal review process to evaluate a
single source continuum contractor's implementation of placement
services and case management services in a catchment area.
(b) The department shall conduct the review for a single
source continuum contractor after the contractor completes the
implementation of placement services in a catchment area, and after
the contractor completes the implementation of case management
services in the catchment area.
Sec. 264.163. NOTICE REQUIRED FOR EARLY TERMINATION OF
CONTRACT. (a) A single source continuum contractor may terminate a
contract entered into under this subchapter by providing notice to
the department of the contractor's intent to terminate the contract
not later than the 90th day before the date of the termination.
(b) The department may terminate a contract entered into
with a single source continuum contractor under this subchapter by
providing notice to the contractor of the department's intent to
terminate the contract not later than the 30th day before the date
of termination.
Sec. 264.164. CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT
TERMINATION. (a) In each catchment area in which community-based
foster care is implemented, the department shall create a
contingency plan to ensure the continuity of services for children
and families in the catchment area in the event of an early
termination of the contract with the single source continuum
contractor providing foster care services in that catchment area.
(b) If a single source continuum contractor gives notice to
the department of an early contract termination, the department may
enter into a contract with a different contractor for the sole
purpose of assuming the contract that is being terminated.
Sec. 264.165. REVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT.
(a) Notwithstanding any other provision of this subchapter
governing the transfer of case management authority to a single
source continuum contractor, the department shall review a
contractor's decision with respect to a child's permanency goal.
The department must approve or disapprove a contractor's
recommended permanency goal for a child not later than 72 hours
after the department receives the recommendation from the
contractor.
(b) Subsection (a) may not be construed to limit or restrict
the authority of the department to:
(1) include necessary oversight measures and review
processes to maintain compliance with federal and state
requirements in a contract with a single source continuum
contractor; or
(2) attend court proceedings related to a child in the
conservatorship of the department, including any hearings, trials,
or mediations.
(c) The department shall develop an internal dispute
resolution process to decide disagreements between a single source
continuum contractor and the department.
Sec. 264.166. STATUTORY DUTIES ASSUMED BY CONTRACTOR.
Except as provided by Section 264.167, a single source continuum
contractor providing foster care services in a catchment area must,
either directly or through subcontractors, assume the statutory
duties of the department in connection with the delivery of foster
care services in that catchment area.
Sec. 264.167. CONTINUING DUTIES OF DEPARTMENT. In a
catchment area in which a single source continuum contractor is
providing family-based safety services, community-based foster
care services, or integrated care coordination, legal
representation of the department in an action under this code shall
be provided in accordance with Section 264.009.
Sec. 264.168. CONFIDENTIALITY. (a) The records of a single
source continuum contractor relating to the provision of
community-based foster care services in a catchment area are
subject to Chapter 552, Government Code, in the same manner as the
records of the department are subject to that chapter.
(b) Subchapter C, Chapter 261, regarding the
confidentiality of certain case information, applies to the records
of a single source continuum contractor in relation to the
provision of services by the contractor.
Sec. 264.169. ATTORNEY-CLIENT PRIVILEGE. An employee,
agent, or representative of a single source continuum contractor is
considered to be a client's representative of the department for
purposes of the privilege under Rule 503, Texas Rules of Evidence,
as that privilege applies to communications with a prosecuting
attorney or other attorney representing the department, or the
attorney's representatives, in a proceeding under this subtitle.
Sec. 264.170. CHILD PROTECTIVE SERVICES LEGISLATIVE
OVERSIGHT COMMITTEE. (a) In this section, "committee" means the
Child Protective Services Legislative Oversight Committee
established under this section.
(b) The Child Protective Services Legislative Oversight
Committee is created to facilitate the transfer of functions from
the department to single source continuum contractors under this
subchapter with minimal negative effect on the delivery of services
to which those functions relate.
(c) The committee is composed of 11 voting members, as
follows:
(1) four members of the senate, appointed by the
lieutenant governor;
(2) four members of the house of representatives,
appointed by the speaker of the house of representatives; and
(3) three members of the public, appointed by the
governor.
(d) The commissioner of the department serves as an ex
officio, nonvoting member of the committee.
(e) A member of the committee serves at the pleasure of the
appointing official.
(f) The lieutenant governor and the speaker of the house of
representatives shall each designate a presiding co-chair from
among their respective appointments.
(g) A member of the committee may not receive compensation
for serving on the committee but is entitled to reimbursement for
travel expenses incurred by the member while conducting the
business of the committee as provided by the General Appropriations
Act.
(h) The committee shall:
(1) facilitate the transfer of functions from the
department to single source continuum contractors with minimal
negative effect on the delivery of services to which those
functions relate;
(2) with assistance from the department, advise the
commissioner of the department concerning:
(A) the functions to be transferred under this
subchapter and the funds and obligations that are related to the
functions;
(B) the transfer of the functions and related
records, funds, and obligations by the department that are required
by this subchapter; and
(C) the reorganization of the department's
administrative structure as required by the implementation of
community-based foster care under this subchapter and other
provisions enacted by the 85th Legislature that become law; and
(3) meet at least semiannually at the call of either
chair, in addition to meeting at other times as determined
appropriate by either chair.
(i) Chapter 551, Government Code, applies to the committee.
(j) The committee shall submit a report to the governor,
lieutenant governor, speaker of the house of representatives, and
legislature not later than December 1 of each even-numbered year.
The report must include an update on the progress of and issues
related to:
(1) the implementation of community-based foster
care, including the need for any additional statutory changes
required to ensure the achievement of the stated purposes of this
subchapter; and
(2) the reorganization of the department's
administrative structure as necessary during the implementation of
community-based foster care under this subchapter and other
provisions enacted by the 85th Legislature that become law.
Sec. 264.171. PILOT PROGRAM FOR FAMILY-BASED SAFETY
SERVICES. (a) In this section, "case management services" means
the direct delivery and coordination of a network of formal and
informal activities and services in a catchment area where the
department has entered into, or is in the process of entering into,
a contract with a single source continuum contractor to provide
family-based safety services and case management and includes:
(1) caseworker visits with the child and all
caregivers;
(2) family visits;
(3) family group conferencing or family group
decision-making;
(4) development of the family plan of service;
(5) monitoring, developing, securing, and
coordinating services;
(6) evaluating the progress of children, caregivers,
and families receiving services;
(7) assuring that the rights of children, caregivers,
and families receiving services are protected;
(8) duties relating to family-based safety services
ordered by a court, including:
(A) providing any required notifications or
consultations;
(B) preparing court reports;
(C) attending judicial hearings, trials, and
mediations;
(D) complying with applicable court orders; and
(E) ensuring the child is progressing toward the
goal of permanency within state and federally mandated guidelines;
and
(9) any other function or service that the department
determines is necessary to allow a single source continuum
contractor to assume responsibility for case management.
(b) The department shall develop and implement in two child
protective services regions of the state a pilot program under
which the commission contracts with a single nonprofit entity that
has an organizational mission focused on child welfare or a
governmental entity in each region to provide family-based safety
services and case management for children and families receiving
family-based safety services. The contract must include a
transition plan for the provision of services that ensures the
continuity of services for children and families in the selected
regions.
(c) The contract with an entity must include
performance-based provisions that require the entity to achieve the
following outcomes for families receiving services from the entity:
(1) a decrease in recidivism;
(2) an increase in protective factors; and
(3) any other performance-based outcome specified by
the department.
(d) The commission may only contract for implementation of
the pilot program with entities that the department considers to
have the capacity to provide, either directly or through
subcontractors, an array of evidence-based, promising practice, or
evidence-informed services and support programs to children and
families in the selected child protective services regions.
(e) The contracted entity must perform all statutory duties
of the department in connection with the delivery of the services
specified in Subsection (b).
(f) The contracted entity must give preference for
employment to employees of the department:
(1) whose position at the department is impacted by
the implementation of community-based foster care; and
(2) who are considered by the department to be
employees in good standing.
(g) Not later than December 31, 2018, the department shall
report to the appropriate standing committees of the legislature
having jurisdiction over child protective services and foster care
matters on the progress of the pilot program. The report must
include:
(1) an evaluation of each contracted entity's success
in achieving the outcomes described by Subsection (c); and
(2) a recommendation as to whether the pilot program
should be continued, expanded, or terminated.
(b) Section 264.126, Family Code, is transferred to
Subchapter B-1, Chapter 264, Family Code, as added by this section,
redesignated as Section 264.153, Family Code, and amended to read
as follows:
Sec. 264.153 [264.126]. COMMUNITY-BASED FOSTER CARE
[REDESIGN] IMPLEMENTATION PLAN. (a) The department shall develop
and maintain a plan for implementing community-based [the] foster
care [redesign required by Chapter 598 (S.B. 218), Acts of the 82nd
Legislature, Regular Session, 2011]. The plan must:
(1) describe the department's expectations, goals, and
approach to implementing community-based foster care [redesign];
(2) include a timeline for implementing
community-based [the] foster care [redesign] throughout this
state, a timeline for the transfer of case management services, and
any limitations related to the implementation;
(3) include [, and] a progressive intervention plan
and a contingency plan to provide continuity of foster care service
delivery if a contract with a single source continuum contractor
ends prematurely;
(4) include a provision establishing the required time
for a contractor to provide notice of contract termination;
(5) [(3)] delineate and define the case management
roles and responsibilities of the department and the department's
contractors and the duties, employees, and related funding that
will be transferred to the contractor by the department;
(6) [(4)] identify any training needs and include
long-range and continuous plans for training and cross-training
staff;
(7) [(5)] include a plan for evaluating the costs and
tasks associated with each contract procurement, including the
initial and ongoing contract costs for the department and
contractor;
(8) [(6)] include the department's contract
monitoring approach and a plan for evaluating the performance of
each contractor and the community-based foster care [redesign]
system as a whole that includes an independent evaluation of each
contractor's processes and fiscal and qualitative outcomes; and
(9) [(7)] include a report on transition issues
resulting from implementation of community-based [the] foster care
[redesign].
(b) The department shall annually:
(1) update the implementation plan developed under
this section and post the updated plan on the department's Internet
website; and
(2) post on the department's Internet website the
progress the department has made toward its goals for implementing
community-based [the] foster care [redesign].
SECTION 14. Subchapter A, Chapter 265, Family Code, is
amended by adding Section 265.0042 to read as follows:
Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
EDUCATION. (a) Subject to the availability of funds, the Health
and Human Services Commission, on behalf of the department, shall
enter into agreements with institutions of higher education to
conduct efficacy reviews of any prevention and early intervention
programs that have not previously been evaluated for effectiveness
through a scientific research evaluation process.
(b) Subject to the availability of funds, the department
shall collaborate with an institution of higher education to create
and track indicators of child well-being to determine the
effectiveness of prevention and early intervention services.
SECTION 15. Section 266.012, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) A single source continuum contractor under Subchapter
B-1, Chapter 264, providing therapeutic foster care services to a
child shall ensure that the child receives a comprehensive
assessment under this section at least once every 90 days.
SECTION 16. (a) Section 531.02013, Government Code, is
amended to read as follows:
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
The following functions are not subject to transfer under Sections
531.0201 and 531.02011:
(1) the functions of the Department of Family and
Protective Services, including the statewide intake of reports and
other information, related to the following:
(A) child protective services, including
services that are required by federal law to be provided by this
state's child welfare agency;
(B) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(i) in a facility operated, or in a facility
or by a person licensed, certified, or registered, by a state
agency; or
(ii) by a provider that has contracted to
provide home and community-based services; [and]
(C) prevention and early intervention services;
and
(D) investigations of alleged abuse, neglect, or
exploitation occurring at a child-care facility, as that term is
defined in Section 40.042, Human Resources Code; and
(2) the public health functions of the Department of
State Health Services, including health care data collection and
maintenance of the Texas Health Care Information Collection
program.
(b) Notwithstanding any provision of Subchapter A-1,
Chapter 531, Government Code, or any other law, the responsibility
for conducting investigations of reports of abuse, neglect, or
exploitation occurring at a child-care facility, as that term is
defined in Section 40.042, Human Resources Code, as added by this
Act, may not be transferred to the Health and Human Services
Commission and remains the responsibility of the Department of
Family and Protective Services.
(c) As soon as possible after the effective date of this
section, the commissioner of the Department of Family and
Protective Services shall transfer the responsibility for
conducting investigations of reports of abuse, neglect, or
exploitation occurring at a child-care facility, as that term is
defined in Section 40.042, Human Resources Code, as added by this
Act, to the child protective services division of the department.
The commissioner shall transfer appropriate investigators and
staff as necessary to implement this section.
(d) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members of each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for this section to take
immediate effect, this section takes effect on the 91st day after
the last day of the legislative session.
SECTION 17. (a) Subchapter A, Chapter 533, Government
Code, is amended by adding Section 533.0054 to read as follows:
Sec. 533.0054. HEALTH SCREENING REQUIREMENTS FOR ENROLLEE
UNDER STAR HEALTH PROGRAM. (a) A managed care organization that
contracts with the commission to provide health care services to
recipients under the STAR Health program must ensure that enrollees
receive a complete early and periodic screening, diagnosis, and
treatment checkup in accordance with the requirements specified in
the contract between the managed care organization and the
commission.
(b) The commission shall include a provision in a contract
with a managed care organization to provide health care services to
recipients under the STAR Health program specifying progressive
monetary penalties for the organization's failure to comply with
Subsection (a).
(b) The Health and Human Services Commission shall, in a
contract for the provision of health care services under the STAR
Health program between the commission and a managed care
organization under Chapter 533, Government Code, that is entered
into, renewed, or extended on or after the effective date of this
section, require that the managed care organization comply with
Section 533.0054, Government Code, as added by this section.
(c) The Health and Human Services Commission may not impose
a monetary penalty for noncompliance with a contract provision
described by Section 533.0054(b), Government Code, as added by this
section, until September 1, 2018.
(d) If before implementing Section 533.0054, Government
Code, as added by this section, the Health and Human Services
Commission determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the
agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 18. (a) Subchapter A, Chapter 533, Government
Code, is amended by adding Section 533.0056 to read as follows:
Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF
PLACEMENT CHANGE. A contract between a managed care organization
and the commission for the organization to provide health care
services to recipients under the STAR Health program must require
the organization to ensure continuity of care for a child whose
placement has changed by:
(1) notifying each specialist treating the child of
the placement change; and
(2) coordinating the transition of care from the
child's previous treating primary care physician and treating
specialists to the child's new treating primary care physician and
treating specialists, if any.
(b) The changes in law made by this section apply only to a
contract for the provision of health care services under the STAR
Health program between the Health and Human Services Commission and
a managed care organization under Chapter 533, Government Code,
that is entered into, renewed, or extended on or after the effective
date of this section.
(c) If before implementing Section 533.0056, Government
Code, as added by this section, the Health and Human Services
Commission determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the
health and human services agency affected by the provision shall
request the waiver or authorization and may delay implementing that
provision until the waiver or authorization is granted.
SECTION 19. Section 40.032, Human Resources Code, is
amended by adding Subsection (h) to read as follows:
(h) In this subsection, "community-based foster care" has
the meaning assigned by Section 264.152, Family Code. The
department shall collaborate with single source continuum
contractors to ensure that employees of the department who perform
case management functions are given preference for employment by
service providers under the community-based foster care service
system.
SECTION 20. (a) Subchapter B, Chapter 40, Human Resources
Code, is amended by adding Sections 40.039, 40.040, 40.041, and
40.042 to read as follows:
Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The
department shall periodically review the department's records
retention policy with respect to case and intake records relating
to department functions. The department shall make changes to the
policy consistent with the records retention schedule submitted
under Section 441.185, Government Code, that are necessary to
improve case prioritization and the routing of cases to the
appropriate division of the department. The department may adopt
rules necessary to implement this section.
Sec. 40.040. FOSTER CARE SERVICES CONTRACT COMPLIANCE,
OVERSIGHT, AND QUALITY ASSURANCE DIVISION. (a) In this section,
"community-based foster care" has the meaning assigned by Section
264.152, Family Code.
(b) The department shall create within the department the
foster care services contract compliance, oversight, and quality
assurance division. The division shall:
(1) oversee contract compliance and achievement of
performance-based outcomes by any vendor that provides foster care
services for the department under community-based foster care;
(2) conduct assessments on the fiscal and qualitative
performance of any vendor that provides foster care services for
the department under community-based foster care; and
(3) create and administer a dispute resolution process
to resolve conflicts between vendors that contract with the
department to provide foster care services under community-based
foster care and any subcontractor of a vendor.
Sec. 40.041. OFFICE OF DATA ANALYTICS. The department
shall create an office of data analytics. The office shall report
to the deputy commissioner and may perform any of the following
functions, as determined by the department:
(1) monitor management trends;
(2) analyze employee exit surveys and interviews;
(3) evaluate the effectiveness of employee retention
efforts, including merit pay;
(4) create and manage a system for handling employee
complaints submitted by the employee outside of an employee's
direct chain of command, including anonymous complaints;
(5) monitor and provide reports to department
management personnel on:
(A) employee complaint data and trends in
employee complaints;
(B) compliance with annual department
performance evaluation requirements; and
(C) the department's use of positive performance
levels for employees;
(6) track employee tenure and internal employee
transfers within both the child protective services division and
the department;
(7) use data analytics to predict workforce shortages
and identify areas of the department with high rates of employee
turnover, and develop a process to inform the deputy commissioner
and other appropriate staff regarding the office's findings;
(8) create and monitor reports on key metrics of
agency performance;
(9) analyze available data, including data on employee
training, for historical and predictive department trends; and
(10) conduct any other data analysis the department
determines to be appropriate for improving performance, meeting the
department's current business needs, or fulfilling the powers and
duties of the department.
Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND
EXPLOITATION. (a) In this section, "child-care facility"
includes a facility, licensed or unlicensed child-care facility,
family home, residential child-care facility, employer-based
day-care facility, or shelter day-care facility, as those terms are
defined in Chapter 42.
(b) For all investigations of child abuse, neglect, or
exploitation conducted by the child protective services division of
the department, the department shall adopt the definitions of
abuse, neglect, and exploitation provided in Section 261.001,
Family Code.
(c) The department shall establish standardized policies to
be used during investigations.
(d) The commissioner shall establish units within the child
protective services division of the department to specialize in
investigating allegations of child abuse and neglect occurring at a
child-care facility.
(e) The department may require that investigators who
specialize in allegations of child abuse and neglect occurring at
child-care facilities receive ongoing training on the minimum
licensing standards for any facilities that are applicable to the
investigator's specialization.
(f) After an investigation of abuse, neglect, or
exploitation occurring at a child-care facility, the department
shall provide the state agency responsible for regulating the
facility with access to any information relating to the
department's investigation. Providing access to confidential
information under this subsection does not constitute a waiver of
confidentiality.
(g) The department may adopt rules to implement this
section.
(b) As soon as possible after the effective date of this
Act, the commissioner of the Department of Family and Protective
Services shall establish the office of data analytics required by
Section 40.041, Human Resources Code, as added by this section. The
commissioner and the executive commissioner of the Health and Human
Services Commission shall transfer appropriate staff as necessary
to conduct the duties of the office.
(c) The Department of Family and Protective Services must
implement the standardized definitions and policies required under
Sections 40.042(b) and (c), Human Resources Code, as added by this
Act, not later than December 1, 2017.
SECTION 21. Section 40.051, Human Resources Code, is
amended to read as follows:
Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department
shall develop a departmental strategic plan based on the goals and
priorities stated in the commission's coordinated strategic plan
for health and human services. The department shall also develop
its plan based on:
(1) furthering the policy of family preservation;
(2) the goal of ending the abuse and neglect of
children in the conservatorship of the department; and
(3) the goal of increasing the capacity and
availability of foster, relative, and kinship placements in this
state.
SECTION 22. (a) Section 40.058(f), Human Resources Code,
is amended to read as follows:
(f) A contract for residential child-care services provided
by a general residential operation or by a child-placing agency
must include provisions that:
(1) enable the department and commission to monitor
the effectiveness of the services;
(2) specify performance outcomes, financial penalties
for failing to meet any specified performance outcomes, and
financial incentives for exceeding any specified performance
outcomes;
(3) authorize the department or commission to
terminate the contract or impose monetary sanctions for a violation
of a provision of the contract that specifies performance criteria
or for underperformance in meeting any specified performance
outcomes;
(4) authorize the department or commission, an agent
of the department or commission, and the state auditor to inspect
all books, records, and files maintained by a contractor relating
to the contract; and
(5) are necessary, as determined by the department or
commission, to ensure accountability for the delivery of services
and for the expenditure of public funds.
(b) The Health and Human Services Commission shall, in a
contract for residential child-care services between the
commission and a general residential operation or child-placing
agency that is entered into on or after the effective date of this
section, including a renewal contract, include the provisions
required by Section 40.058(f), Human Resources Code, as amended by
this section.
(c) The Health and Human Services Commission shall seek to
amend contracts for residential child-care services entered into
with general residential operations or child-placing agencies
before the effective date of this section to include the provisions
required by Section 40.058(f), Human Resources Code, as amended by
this section.
(d) The Department of Family and Protective Services and the
Health and Human Services Commission may not impose a financial
penalty against a general residential operation or child-placing
agency under a contract provision described by Section 40.058(f)(2)
or (3), Human Resources Code, as amended by this section, until
September 1, 2018.
SECTION 23. (a) Subchapter C, Chapter 40, Human Resources
Code, is amended by adding Section 40.0581 to read as follows:
Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE
PROVIDER CONTRACTS. (a) The commission, in collaboration with the
department, shall contract with a vendor or enter into an agreement
with an institution of higher education to develop, in coordination
with the department, performance quality metrics for family-based
safety services and post-adoption support services providers. The
quality metrics must be included in each contract with those
providers.
(b) Each provider whose contract with the commission to
provide department services includes the quality metrics developed
under Subsection (a) must prepare and submit to the department a
report each calendar quarter regarding the provider's performance
based on the quality metrics.
(c) The commissioner shall compile a summary of all reports
prepared and submitted to the department by family-based safety
services providers as required by Subsection (b) and distribute the
summary to appropriate family-based safety services caseworkers
and child protective services region management once each calendar
quarter.
(d) The commissioner shall compile a summary of all reports
prepared and submitted to the department by post-adoption support
services providers as required by Subsection (b) and distribute the
summary to appropriate conservatorship and adoption caseworkers
and child protective services region management.
(e) The department shall make the summaries prepared under
Subsections (c) and (d) available to families that are receiving
family-based safety services and to adoptive families.
(f) This section does not apply to a provider that has
entered into a contract with the commission to provide family-based
safety services under Section 264.171, Family Code.
(b) The quality metrics required by Section 40.0581, Human
Resources Code, as added by this section, must be developed not
later than September 1, 2018, and included in any contract,
including a renewal contract, entered into by the Health and Human
Services Commission with a family-based safety services provider or
a post-adoption support services provider on or after January 1,
2019, except as provided by Section 40.0581(f), Human Resources
Code, as added by this section.
SECTION 24. Section 42.002(23), Human Resources Code, is
amended to read as follows:
(23) "Other maltreatment" means:
(A) abuse, as defined by Section 261.001 [or
261.401], Family Code; or
(B) neglect, as defined by Section 261.001 [or
261.401], Family Code.
SECTION 25. Section 42.042, Human Resources Code, is
amended by adding Subsections (s) and (t) to read as follows:
(s) The department shall create and implement processes to
simplify and streamline the licensing and verification rules for
agency foster homes and child-placing agencies, including:
(1) a process to allow provisional verification of a
foster home, based on the foster parent's partial completion of the
licensing requirements, as determined by the department; and
(2) a process to streamline background checks for
potential foster care providers.
(t) The department may waive certain minimum standards or
may permit a child-placing agency to waive certain verification
requirements for a foster home under this section.
SECTION 26. (a) Subchapter C, Chapter 42, Human Resources
Code, is amended by adding Section 42.0432 to read as follows:
Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD
PLACED WITH CHILD-PLACING AGENCY. (a) A child-placing agency or
general residential operation that contracts with the department to
provide services must ensure that the children who are in the
managing conservatorship of the department and are placed with the
child-placing agency or general residential operation receive a
complete early and periodic screening, diagnosis, and treatment
checkup in accordance with the requirements specified in the
contract between the child-placing agency or general residential
operation and the department.
(b) The commission shall include a provision in a contract
with a child-placing agency or general residential operation
specifying progressive monetary penalties for the child-placing
agency's or general residential operation's failure to comply with
Subsection (a).
(b) A child-placing agency or general residential operation
that contracts to provide services for the Department of Family and
Protective Services must comply with the requirements of Section
42.0432, Human Resources Code, as added by this section, not later
than August 31, 2018. The department and the Health and Human
Services Commission may not impose a monetary penalty for
noncompliance with a contract provision described by that section
until September 1, 2018.
SECTION 27. Section 42.044(c-1), Human Resources Code, is
amended to read as follows:
(c-1) The department:
(1) shall investigate a listed family home if the
department receives a complaint that:
(A) a child in the home has been abused or
neglected, as defined by Section 261.001 [261.401], Family Code; or
(B) otherwise alleges an immediate risk of danger
to the health or safety of a child being cared for in the home; and
(2) may investigate a listed family home to ensure
that the home is providing care for compensation to not more than
three children, excluding children who are related to the
caretaker.
SECTION 28. Section 261.401(a), Family Code, is repealed.
SECTION 29. The changes in law made by this Act to Section
263.401, Family Code, apply only to a suit affecting the
parent-child relationship filed on or after the effective date of
this Act. A suit affecting the parent-child relationship filed
before the effective date of this Act is governed by the law in
effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 30. Except as otherwise provided by this Act, the
changes in law made by this Act apply only to a contract for foster
care services entered into or renewed on or after the effective date
of this Act.
SECTION 31. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.