Texas 2019 - 86th Regular

Texas House Bill HB2764 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2764
	1	+	By: Frank, Swanson (Senate Sponsor - Hughes) H.B. No. 2764
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to minimum standards and caregiver training for substitute
6	12		care providers for children in the conservatorship of the
7	13		Department of Family and Protective Services.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 42.042, Human Resources Code, is amended
10	16		by adding Subsections (b-1) and (t) to read as follows:
11	17		(b-1) Not later than the earlier of December 31, 2020, or
12	18		the date the commission conducts the next review required by
13	19		Subsection (b), the commission shall create and implement a process
14	20		to simplify, streamline, and provide for greater flexibility in the
15	21		application of the minimum standards to licensed child-placing
16	22		agencies, agency foster homes, and adoptive homes with the goal of
17	23		increasing the number of foster and adoptive homes in this state.
18	24		This subsection expires September 1, 2021.
19	25		(t) The commission by rule shall grant to each child-placing
20	26		agency and each single source continuum contractor the authority to
21	27		waive certain minimum standards related to preservice training,
22	28		annual training, or other requirements that are not directly
23	29		related to caring for the child for:
24	30		(1) the child's foster or prospective adoptive parent;
25	31		or
26	32		(2) foster homes that have no citations or violations
27	33		reported to the commission.
28	34		SECTION 2. Section 42.0537, Human Resources Code, is
29	35		amended by amending Subsections (a) and (b) and adding Subsections
30	36		(d), (e), and (f) to read as follows:
31	37		(a) The department and each single source continuum
32	38		contractor shall include a provision in each contract with a
33	39		child-placing agency with whom children in the managing
34	40		conservatorship of the department are placed that requires the
35	41		child-placing agency to provide [at least 35 hours of]
36	42		competency-based, preservice training to a potential caregiver
37	43		before the child-placing agency verifies or approves the caregiver
38	44		as a foster or adoptive home. Except as provided by Subsection (d),
39	45		the amount of training required by this subsection may not exceed 35
40	46		hours.
41	47		(b) The department shall adopt policies to ensure that each
42	48		potential caregiver receives [at least 35 hours of]
43	49		competency-based, preservice training before the department
44	50		verifies or approves the caregiver as a foster or adoptive home.
45	51		Except as provided by Subsection (d), the amount of training
46	52		required by this subsection may not exceed 35 hours.
47	53		(d) The department and each single source continuum
48	54		contractor providing foster care placement or case management
49	55		services may include in each contract with a child-placing agency
50	56		with whom children in the managing conservatorship of the
51	57		department are placed provisions that:
52	58		(1) require the child-placing agency to, before
53	59		verifying or approving a prospective caregiver as a foster or
54	60		adoptive home, provide to the prospective caregiver
55	61		competency-based, preservice training in addition to other
56	62		training required under this section, based on the needs of the
57	63		child being placed, including training regarding:
58	64		(A) the treatment of:
59	65		(i) children with complex medical needs;
60	66		(ii) children with emotional disorders;
61	67		(iii) children with intellectual or
62	68		developmental disabilities; and
63	69		(iv) victims of human trafficking; and
64	70		(B) any other situation the department
65	71		determines would require additional training; and
66	72		(2) allow the child-placing agency to provide
67	73		training, in addition to other training required under this section
68	74		for a prospective caregiver, that:
69	75		(A) meets the eligibility standards for federal
70	76		financial participation under the requirements of the federal
71	77		Family First Prevention Services Act (Title VII, Div. E, Pub. L.
72	78		No. 115-123);
73	79		(B) meets the standards set by a nationally
74	80		recognized accrediting organization; or
75	81		(C) meets the standards described by Paragraphs
76	82		(A) and (B).
77	83		(e) The department may require training in addition to other
78	84		training required under this section described by Subsection
79	85		(d)(2), as appropriate, for certified child-placing agencies
80	86		operated by the department.
81	87		(f) A child-placing agency may issue a provisional
82	88		verification as provided by Section 42.053(e) to a prospective
83	89		foster caregiver while the caregiver completes the training
84	90		required under Subsection (d).
85	91		SECTION 3. The changes in law made by this Act apply only to
86	92		a contract for foster care services entered into or renewed on or
87	93		after the effective date of this Act.
88	94		SECTION 4. This Act takes effect September 1, 2019.
89		-	______________________________ ______________________________
90		-	President of the Senate Speaker of the House
91		-	I certify that H.B. No. 2764 was passed by the House on May 3,
92		-	2019, by the following vote: Yeas 132, Nays 10, 1 present, not
93		-	voting; that the House refused to concur in Senate amendments to
94		-	H.B. No. 2764 on May 24, 2019, and requested the appointment of a
95		-	conference committee to consider the differences between the two
96		-	houses; and that the House adopted the conference committee report
97		-	on H.B. No. 2764 on May 26, 2019, by the following vote: Yeas 142,
98		-	Nays 1, 2 present, not voting.
99		-	______________________________
100		-	Chief Clerk of the House
101		-	I certify that H.B. No. 2764 was passed by the Senate, with
102		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
103		-	0; at the request of the House, the Senate appointed a conference
104		-	committee to consider the differences between the two houses; and
105		-	that the Senate adopted the conference committee report on H.B. No.
106		-	2764 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
107		-	______________________________
108		-	Secretary of the Senate
109		-	APPROVED: __________________
110		-	Date
111		-	__________________
112		-	Governor
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