86R23702 MM-F
By: Frank H.B. No. 2764
Substitute the following for H.B. No. 2764:
By: Noble C.S.H.B. No. 2764
A BILL TO BE ENTITLED
AN ACT
relating to minimum standards and caregiver training for substitute
care providers for children in the conservatorship of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.042, Human Resources Code, is amended
by adding Subsections (b-1) and (t) to read as follows:
(b-1) Not later than the earlier of December 31, 2020, or
the date the commission conducts the next review required by
Subsection (b), the commission shall create and implement a process
to simplify, streamline, and provide for greater flexibility in the
application of the minimum standards to licensed child-placing
agencies, agency foster homes, and adoptive homes with the goal of
increasing the number of foster and adoptive homes in this state.
This subsection expires September 1, 2021.
(t) The department by rule shall grant to each child-placing
agency and each single source continuum contractor the authority to
waive certain minimum standards related to preservice training,
annual training, or other requirements that are not directly
related to caring for the child for:
(1) the child's foster or prospective adoptive parent;
or
(2) foster homes that have no citations or violations
reported to the commission.
SECTION 2. Section 42.0537, Human Resources Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(d), (e), and (f) to read as follows:
(a) The department and each single source continuum
contractor shall include a provision in each contract with a
child-placing agency with whom children in the managing
conservatorship of the department are placed that requires the
child-placing agency to provide [at least 35 hours of]
competency-based, preservice training to a potential caregiver
before the child-placing agency verifies or approves the caregiver
as a foster or adoptive home. Except as provided by Subsection (d),
the amount of training required by this subsection may not exceed 35
hours.
(b) The department shall adopt policies to ensure that each
potential caregiver receives [at least 35 hours of]
competency-based, preservice training before the department
verifies or approves the caregiver as a foster or adoptive home.
Except as provided by Subsection (d), the amount of training
required by this subsection may not exceed 35 hours.
(d) The department and each single source continuum
contractor providing foster care placement or case management
services may include in each contract with a child-placing agency
with whom children in the managing conservatorship of the
department are placed provisions that:
(1) require the child-placing agency to, before
verifying or approving a prospective caregiver as a foster or
adoptive home, provide to the prospective caregiver
competency-based, preservice training in addition to other
training required under this section, based on the needs of the
child being placed, including training regarding:
(A) the treatment of:
(i) children with complex medical needs;
(ii) children with emotional disorders;
(iii) children with intellectual or
developmental disabilities; and
(iv) victims of human trafficking; and
(B) any other situation the department
determines would require additional training; and
(2) allow the child-placing agency to provide
training, in addition to other training required under this section
for a prospective caregiver, that meets the eligibility standards
for federal financial participation under the requirements of the
federal Family First Prevention Services Act (Title VII, Div. E,
Pub. L. No. 115-123).
(e) The department may require training in addition to other
training required under this section described by Subsection
(d)(2), as appropriate, for certified child-placing agencies
operated by the department.
(f) A child-placing agency may issue a provisional
verification as provided by Section 42.053(e) to a prospective
foster caregiver while the caregiver completes the training
required under Subsection (d).
SECTION 3. 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 4. This Act takes effect September 1, 2019.