H.B. No. 2764
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 commission 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:
(A) 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);
(B) meets the standards set by a nationally
recognized accrediting organization; or
(C) meets the standards described by Paragraphs
(A) and (B).
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2764 was passed by the House on May 3,
2019, by the following vote: Yeas 132, Nays 10, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2764 on May 24, 2019, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2764 on May 26, 2019, by the following vote: Yeas 142,
Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2764 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2764 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor