86R25538 SCL-F
By: Frank, Minjarez, Klick H.B. No. 3950
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the child welfare task force and
provision of services in the child welfare system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Community-based care" has the meaning assigned by
Section 264.152, Family Code.
(3) "Department" means the Department of Family and
Protective Services.
(4) "Task force" means the child welfare task force.
(b) The child welfare task force is established to develop a
statewide plan for the continued implementation of community-based
care and the implementation of family preservation and other
related prevention services for the state's child welfare system.
(c) The task force is composed of nine voting members as
follows:
(1) three members appointed by the governor;
(2) three members of the senate, appointed by the
lieutenant governor; and
(3) three members of the house of representatives,
appointed by the speaker of the house of representatives.
(d) The chair and the vice chair of the task force shall be
elected by members of the task force.
(e) A task force member is not entitled to compensation for
service on the task force but is entitled to reimbursement for
actual and necessary expenses incurred in performing task force
duties. The task force may accept gifts, grants, and donations to
pay for those expenses.
(f) The task force shall meet at least quarterly at the call
of the chair and may consider public testimony.
(g) Notwithstanding Chapter 551, Government Code, or any
other law, the task force may meet by telephone conference call,
videoconference, or other similar telecommunication method. A
meeting held by telephone conference call, videoconference, or
other similar telecommunication method is subject to the
requirements of Sections 551.125(c), (d), (e), and (f), Government
Code.
(h) The task force shall develop a statewide plan for the
continued implementation of community-based care and the
implementation of family preservation and other related prevention
services for the state's child welfare system.
(i) The statewide plan must:
(1) identify sources of funding, including the
development of a robust financial methodology, for the continued
implementation of community-based care and family preservation and
other related prevention services;
(2) include a timeline for the complete implementation
of the statewide plan developed by the task force and identify
additional resources the department will require to meet that
timeline, including enhanced training related to procurement,
contract monitoring and enforcement services, information
technology services, and financial and legal services;
(3) identify barriers to using federal and state money
and necessary purchased services to achieve greater numbers of
children and youth who remain safely with their families by
reviewing and effectively maximizing:
(A) the prevention and early intervention
services currently available in this state; and
(B) any services relating to families entering
the child protective services system;
(4) identify all sources of flexible funding under
federal and state law that may be used to support the continued
implementation of community-based care and family preservation and
other related prevention services, including the following
implementation issues:
(A) the placement of children in settings
eligible 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) any costs related to the use of federal money
transferred under the federal Family First Prevention Services Act;
and
(C) any other beneficial programs or services
available under the federal Family First Prevention Services Act;
and
(5) identify legislative or regulatory barriers to
full implementation of community-based care.
(j) The task force may request relevant information from the
commission, the department, or other relevant state agencies, and
the commission, the department, or other agencies shall comply with
the request, unless the provision of the information is prohibited
by state or federal law.
(k) The task force, using available resources, may:
(1) contract with a third-party consultant using the
procedures under Subchapter B, Chapter 2254, Government Code, to
assist the task force in carrying out its duties; and
(2) employ a full-time staff.
(l) The task force is administratively attached to the
commission for the purpose of contracting under Subsection (k)(1)
of this section.
(m) Task force members and personnel may be appointed or
employed from different catchment areas, as defined by Section
264.152, Family Code, in this state.
(n) The task force shall submit a written report on the
statewide plan developed by the task force to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each member of the standing committees of the senate and house
of representatives having primary jurisdiction over child welfare
issues not later than September 1, 2020.
(o) The task force shall monitor the continued
implementation of community-based care and family preservation and
other related prevention services, and the implementation plan
developed by the department under Section 264.153, Family Code.
(p) The task force shall submit a final evaluation of the
implementation of community-based care to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each member of the standing committees of the senate and house
of representatives having primary jurisdiction over child welfare
issues not later than December 30, 2024.
(q) Nothing in this section shall be construed to supersede
or limit the department's duty to develop and maintain the plan
under Section 264.153, Family Code.
(r) The task force is abolished and this Act expires
December 31, 2024.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.