86R11334 MCK-D
By: Phelan H.B. No. 4354
A BILL TO BE ENTITLED
AN ACT
relating to prevention and early intervention programs and
practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.056(f), Code of Criminal Procedure,
is amended to read as follows:
(f) The governing body of the employing governmental entity
under Subsection (a) shall adopt reasonable rules for juvenile case
managers that provide:
(1) a code of ethics, and for the enforcement of the
code of ethics;
(2) appropriate educational preservice and in-service
training standards for juvenile case managers; and
(3) training in:
(A) the role of the juvenile case manager;
(B) case planning and management;
(C) applicable procedural and substantive law;
(D) courtroom proceedings and presentation;
(E) services to at-risk youth under [Subchapter
D,] Chapter 265 [264], Family Code;
(F) local programs and services for juveniles and
methods by which juveniles may access those programs and services;
and
(G) detecting and preventing abuse,
exploitation, and neglect of juveniles.
SECTION 2. Article 45.057(b), Code of Criminal Procedure,
is amended to read as follows:
(b) On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child's parent for
services under Chapter 265 [Section 264.302], Family Code;
(2) requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a
rehabilitation, counseling, self-esteem and leadership, work and
job skills training, job interviewing and work preparation,
self-improvement, parenting, manners, violence avoidance,
tutoring, sensitivity training, parental responsibility, community
service, restitution, advocacy, or mentoring program; or
(3) requiring that the child's parent do any act or
refrain from doing any act that the court determines will increase
the likelihood that the child will comply with the orders of the
court and that is reasonable and necessary for the welfare of the
child, including:
(A) attend a parenting class or parental
responsibility program; and
(B) attend the child's school classes or
functions.
SECTION 3. Section 2.004(b), Family Code, is amended to
read as follows:
(b) The application form must contain:
(1) a heading entitled "Application for Marriage
License, ____________ County, Texas";
(2) spaces for each applicant's full name, including
the woman's maiden surname, address, social security number, if
any, date of birth, and place of birth, including city, county, and
state;
(3) a space for indicating the document tendered by
each applicant as proof of identity and age;
(4) spaces for indicating whether each applicant has
been divorced within the last 30 days;
(5) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently married and the other applicant is not presently
married.";
(6) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "The other
applicant is not related to me as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption.";
(7) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently delinquent in the payment of court-ordered child
support.";
(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
CORRECT.";
(9) spaces immediately below the printed oath for the
applicants' signatures;
(10) a certificate of the county clerk that:
(A) each applicant made the oath and the date and
place that it was made; or
(B) an applicant did not appear personally but
the prerequisites for the license have been fulfilled as provided
by this chapter;
(11) spaces for indicating the date of the marriage
and the county in which the marriage is performed;
(12) a space for the address to which the applicants
desire the completed license to be mailed; and
(13) a printed box for each applicant to check
indicating that the applicant wishes to make a voluntary
contribution of $5 to promote healthy early childhood by supporting
the Texas Home Visiting Program administered by the prevention and
early intervention services division within the Department of
Family and Protective [Office of Early Childhood Coordination of
the Health and Human] Services [Commission].
SECTION 4. Section 52.03(c), Family Code, is amended to
read as follows:
(c) A disposition authorized by this section may involve:
(1) referral of the child to an agency other than the
juvenile court;
(2) a brief conference with the child and the child's
[his] parent, guardian, or custodian; or
(3) referral of the child and the child's parent,
guardian, or custodian for services under Chapter 265 [Section
264.302].
SECTION 5. Section 59.004(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level one, the juvenile court or
probation department may:
(1) require counseling for the child regarding the
child's conduct;
(2) inform the child of the progressive sanctions that
may be imposed on the child if the child continues to engage in
delinquent conduct or conduct indicating a need for supervision;
(3) inform the child's parents or guardians of the
parents' or guardians' responsibility to impose reasonable
restrictions on the child to prevent the conduct from recurring;
(4) provide information or other assistance to the
child or the child's parents or guardians in securing needed social
services;
(5) require the child or the child's parents or
guardians to participate in a program for services under Chapter
265 [Section 264.302], if a program under Chapter 265 [Section
264.302] is available to the child or the child's parents or
guardians;
(6) refer the child to a community-based citizen
intervention program approved by the juvenile court;
(7) release the child to the child's parents or
guardians; and
(8) require the child to attend and successfully
complete an educational program described by Section 37.218,
Education Code, or another equivalent educational program.
SECTION 6. Section 59.005(a), Family Code, is amended to
read as follows:
(a) For a child at sanction level two, the juvenile court,
the prosecuting attorney, or the probation department may, as
provided by Section 53.03:
(1) place the child on deferred prosecution for not
less than three months or more than six months;
(2) require the child to make restitution to the
victim of the child's conduct or perform community service
restitution appropriate to the nature and degree of harm caused and
according to the child's ability;
(3) require the child's parents or guardians to
identify restrictions the parents or guardians will impose on the
child's activities and requirements the parents or guardians will
set for the child's behavior;
(4) provide the information required under Sections
59.004(a)(2) and (4);
(5) require the child or the child's parents or
guardians to participate in a program for services under Chapter
265 [Section 264.302], if a program under Chapter 265 [Section
264.302] is available to the child or the child's parents or
guardians;
(6) refer the child to a community-based citizen
intervention program approved by the juvenile court; and
(7) if appropriate, impose additional conditions of
probation.
SECTION 7. Section 265.001, Family Code, is amended to read
as follows:
Sec. 265.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of the
Department of Family and Protective Services.
(2) "Department" means the Department of Family and
Protective Services.
(3) [(2)] "Division" means the prevention and early
intervention services division within the department.
(4) [(3)] "Prevention and early intervention
services" means programs and practices intended to provide early
intervention or prevent risk factors [at-risk behaviors] that lead
to child abuse, neglect, or other childhood adversities
[delinquency, running away, truancy, and dropping out of school].
SECTION 8. Section 531.981(2), Government Code, is
transferred to Section 265.001, Family Code, redesignated as
Section 265.001(5), Family Code, and amended to read as follows:
(5) [(2)] "Risk factors" means factors that make a
child more likely to experience adversity [adverse experiences]
leading to negative consequences, including preterm birth,
poverty, low parental education, having a teenaged mother or
father, poor maternal health, and parental underemployment or
unemployment.
SECTION 9. Section 265.002, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The department shall operate a division to provide
[services for children in at-risk situations and for the families
of those children and to achieve the consolidation of] prevention
and early intervention services with goals of preventing risk
factors, intervening in situations where risk factors are present,
[within the jurisdiction of a single agency in order to avoid
fragmentation and duplication of services] and increasing [to
increase] the accountability for the delivery and administration of
these services. The division shall be called the prevention and
early intervention services division and shall have the following
duties:
(1) to plan, develop, and administer a comprehensive
and unified delivery system of prevention and early intervention
services to children and their families in at-risk situations;
(2) to improve the responsiveness of services for
at-risk children and their families by facilitating greater
coordination and flexibility in the use of funds by state and local
service providers;
(3) to provide greater accountability for prevention
and early intervention services in order to demonstrate the impact
or public benefit of a program by adopting outcome measures; and
(4) to assist local communities in the coordination
and development of prevention and early intervention services in
order to maximize federal, state, and local resources.
(c) The division shall provide prevention and early
intervention services through competitive grants or procurements.
SECTION 10. Section 265.003, Family Code, is amended to
read as follows:
Sec. 265.003. CONSOLIDATION OF PROGRAMS. (a) In order to
implement the duties provided in Section 265.002, the department
shall consolidate into the division programs with the goal of
providing early intervention or prevention of risk factors [at-risk
behavior that leads to child abuse, delinquency, running away,
truancy, and dropping out of school].
(b) The division may provide additional prevention and
early intervention services in accordance with Section 265.002
through competitive grants or procurements.
SECTION 11. Section 265.105, Family Code, is transferred to
Subchapter A, Chapter 265, Family Code, redesignated as Section
265.0031, Family Code, and amended to read as follows:
Sec. 265.0031 [265.105]. [ADDITIONAL] CONSIDERATIONS IN
AWARDING GRANTS. In [addition to the factors described by Sections
265.102(b) and 265.103, in] determining whether to award a grant to
an applicant under this chapter [subchapter], the department shall
consider:
(1) the demonstrated need for a [partnership] program
in the community in which the applicant proposes to operate or to
expand the program, which may be determined by considering the risk
factors in the community identified during the development of the
agency's strategic plan[:
[(A) the poverty rate, the crime rate, the number
of births to Medicaid recipients, the rate of poor birth outcomes,
and the incidence of child abuse and neglect during a prescribed
period in the community; and
[(B) the need to enhance school readiness in the
community];
(2) the applicant's ability to participate in ongoing
monitoring and performance evaluations [under Section 265.109,
including the applicant's ability to collect and provide
information requested by the department under Section 265.109(c)];
(3) the applicant's ability to adhere to the
applicable [partnership] program model standards [adopted under
Section 265.106];
(4) the applicant's ability to develop broad-based
community support for implementing or expanding a [partnership]
program, as applicable; and
(5) the applicant's history of developing and
sustaining innovative, high-quality programs that meet the needs of
families and communities.
SECTION 12. Section 265.057, Family Code, is transferred to
Subchapter A, Chapter 265, Family Code, redesignated as Section
265.0032, Family Code, and amended to read as follows:
Sec. 265.0032 [265.057]. COMMUNITY YOUTH DEVELOPMENT
GRANTS. (a) Subject to available funding, the department shall
award community youth development grants to communities identified
by the presence of risk factors, including child poverty rates and
single-parent households, and the incidence of negative outcomes
for youth, including juvenile crime, child abuse or neglect, school
drop-out, and teen pregnancy. The department shall give priority
in awarding grants under this section to areas of the state in which
there is a high incidence of risk factors and negative outcomes
[juvenile crime].
(b) The purpose of a grant under this section is to assist a
community in alleviating conditions in the family and community
that lead to negative outcomes for youth [juvenile crime].
SECTION 13. Subchapter A, Chapter 265, Family Code, is
amended by adding Section 265.0033 to read as follows:
Sec. 265.0033. STATEWIDE PREVENTION AND EARLY INTERVENTION
SERVICES FOR AT-RISK YOUTH AND FAMILIES PROGRAM; GRANTS. (a)
Subject to available funding, the department shall award grants to
increase the availability of prevention and early intervention
services in all communities in this state based on a community's
needs assessment and the division's strategic plan.
(b) The purpose of a grant under this section is to provide
community-based prevention and early intervention services that
complement and are coordinated with other prevention services and
that promote protective factors in families and communities based
on a community's needs assessment.
SECTION 14. The heading to Section 265.004, Family Code, is
amended to read as follows:
Sec. 265.004. USE OF EVIDENCE-BASED PROGRAMS AND PRACTICES
FOR AT-RISK FAMILIES.
SECTION 15. Section 265.004, Family Code, is amended by
amending Subsections (a), (a-1), (a-2), and (c) and adding
Subsection (a-3) to read as follows:
(a) To the extent that money is appropriated for the
purpose, the department shall fund evidence-based programs and
practices under Subchapter C that are:
(1) [, including parenting education, home
visitation, family support services, mentoring, positive youth
development programs, and crisis counseling,] offered by
community-based organizations; and
(2) [that are] designed to:
(A) prevent or ameliorate child abuse and
neglect; and
(B) promote positive child and family
outcomes[. The programs funded under this subsection may be
offered by a child welfare board established under Section 264.005,
a local governmental board granted the powers and duties of a child
welfare board under state law, a children's advocacy center
established under Section 264.402, or other persons determined
appropriate by the department].
(a-1) The department shall ensure that not less than 75
percent of the money appropriated for home visits and parenting
education programs under Subsection (a) funds evidence-based
programs or practices described by Section 265.151(b) and that the
remainder of that money funds promising [practice] programs or
practices described by Section 265.151(c) and evidence-informed
programs or practices described by Section 265.151(d).
(a-2) The department shall actively seek and apply for any
available federal funds to support prevention and early
intervention [parenting education] programs and practices
[provided under this section].
(a-3) The department may accept gifts, donations, and
grants to support prevention and early intervention programs and
practices.
(c) The department shall periodically evaluate the
evidence-based [abuse and neglect] prevention and early
intervention programs and practices to determine the continued
effectiveness of the programs and practices.
SECTION 16. Section 265.0041(a), Family Code, is amended to
read as follows:
(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.
SECTION 17. Section 265.005(b), Family Code, as amended by
Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to
read as follows:
(b) A strategic plan required under this section must:
(1) identify methods to leverage other sources of
funding or provide support for existing community-based prevention
efforts;
(2) include a needs assessment that identifies
programs to best target the needs of the highest risk populations
and geographic areas;
(3) identify the goals and priorities for the
department's overall prevention efforts;
(4) report the results of previous prevention efforts
using available information in the plan;
(5) identify additional methods of measuring program
effectiveness and results or outcomes;
(6) identify methods to collaborate with other state
agencies on prevention efforts;
(7) identify specific strategies to implement the plan
and to develop measures for reporting on the overall progress
toward the plan's goals; [and]
(8) identify strategies and goals for increasing the
number of families receiving prevention and early intervention
services each year, subject to the availability of funds, to reach
targets set by the department for providing services to families
that are eligible to receive services through parental education,
family support, and community-based programs financed with
federal, state, local, or private resources; and
(9) [(8)] identify specific strategies to increase
local capacity for the delivery of prevention and early
intervention services through collaboration with communities and
stakeholders.
SECTION 18. The heading to Subchapter B, Chapter 265,
Family Code, is amended to read as follows:
SUBCHAPTER B. TRUST FUNDS [CHILD ABUSE AND NEGLECT PRIMARY
PREVENTION PROGRAMS]
SECTION 19. The heading to Section 265.052, Family Code, is
amended to read as follows:
Sec. 265.052. CHILDREN'S TRUST FUND; REGIONAL FUNDS [CHILD
ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS].
SECTION 20. Section 265.052, Family Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(c) The department may:
(1) apply for and receive money [funds] made available
by the federal government or another public or private source for
administering programs under this subchapter and for funding for
child abuse and neglect primary prevention programs; [and]
(2) solicit donations for child abuse and neglect
primary prevention programs; and
(3) designate a municipal or county official to
operate a regional children's trust fund who has the same rights and
duties provided by this subchapter to the department with respect
to the trust fund.
(d) A designated municipal or county official who operates a
regional children's trust fund shall establish an advisory
coalition to oversee:
(1) the expenditure of any money the department grants
to the regional children's trust fund; and
(2) any money the regional children's trust fund
grants to the community.
(e) Members of the advisory coalition may include:
(1) representatives of local school districts;
(2) health care professionals;
(3) judges and other court personnel;
(4) representatives of philanthropic and nonprofit
organizations;
(5) representatives of faith organizations;
(6) representatives of the business community; and
(7) representatives from the divisions of a
municipality or county that provide services to families, including
housing, transportation, or parks and recreation.
SECTION 21. Section 531.287, Government Code, is
transferred to Subchapter B, Chapter 265, Family Code, redesignated
as Section 265.0551, Family Code, and amended to read as follows:
Sec. 265.0551 [531.287]. TEXAS HOME VISITING PROGRAM TRUST
FUND. (a) The Texas Home Visiting Program trust fund is created as
a trust fund outside the treasury and held by [with] the comptroller
and shall be administered by the department [office] under this
section and rules adopted by the [executive] commissioner. Credits
of money in the fund are not state funds or subject to legislative
appropriation.
(b) The trust fund consists of money from voluntary
contributions under Section 191.0048, Health and Safety Code, and
Section 118.018, Local Government Code.
(c) Money in the fund may be spent without appropriation by
the department [office] only for the purpose of the Texas Home
Visiting Program administered by the department [commission].
(d) Interest and income from the assets of the trust fund
shall be credited to and deposited in the trust fund.
SECTION 22. The heading to Subchapter C, Chapter 265,
Family Code, is amended to read as follows:
SUBCHAPTER C. PROGRAMS PROVIDING HOME VISITS [NURSE-FAMILY
PARTNERSHIP COMPETITIVE GRANT PROGRAM]
SECTION 23. Section 531.981(1), Government Code, is
transferred to Section 265.101, Family Code, redesignated as
Section 265.101(1-a), Family Code, and amended to read as follows:
(1-a) [(1)] "Home visiting program" means a
voluntary-enrollment program in which early childhood and health
professionals, including [such as] nurses, social workers, or
trained and supervised paraprofessionals, repeatedly visit over a
period of at least six months the homes of pregnant women or
families with children under the age of six who are born with or
exposed to one or more risk factors.
SECTION 24. Section 531.982, Government Code, is
transferred to Subchapter C, Chapter 265, Family Code, redesignated
as Section 265.1015, Family Code, and amended to read as follows:
Sec. 265.1015 [531.982]. IMPLEMENTATION OF TEXAS HOME
VISITING PROGRAM. (a) The department [commission] shall [maintain
a strategic plan to] serve at-risk pregnant women and families with
children under the age of six through home visiting programs that
improve outcomes for parents and families.
(b) A pregnant woman or family is considered at-risk for
purposes of this section and may be eligible for voluntary
enrollment in a home visiting program if the woman or family is
exposed to one or more risk factors.
(c) The department [commission] may determine if a risk
factor or combination of risk factors experienced by an at-risk
pregnant woman or family qualifies the woman or family for
enrollment in a home visiting program.
SECTION 25. Section 265.102(b), Family Code, is amended to
read as follows:
(b) The department shall award grants under the program to
applicants, including applicants operating existing programs, in a
manner that ensures that the partnership programs collectively[:
[(1)] operate in accordance with the department's
strategic plan required by Section 265.005 and improvement strategy
required by Section 265.007 [multiple communities that are
geographically distributed throughout this state; and
[(2) provide program services to approximately 2,000
families].
SECTION 26. Section 265.103, Family Code, is amended to
read as follows:
Sec. 265.103. NURSE-FAMILY PARTNERSHIP PROGRAM
REQUIREMENTS. A partnership program funded through a grant awarded
under this subchapter must:
(1) strictly adhere to the program model developed by
the Nurse-Family Partnership National Service Office, including
any clinical, programmatic, and data collection requirements of
that model; and
(2) [require that registered nurses regularly visit
the homes of low-income, first-time mothers participating in the
program to provide services designed to:
[(A) improve pregnancy outcomes;
[(B) improve child health and development;
[(C) improve family economic self-sufficiency
and stability; and
[(D) reduce the incidence of child abuse and
neglect;
[(3)] require that nurses who provide services through
the program:
(A) receive training from the office of the
attorney general at least once each year on procedures by which a
person may voluntarily acknowledge the paternity of a child and on
the availability of child support services from the office;
(B) provide a mother with information about the
rights, responsibilities, and benefits of establishing the
paternity of her child, if appropriate;
(C) provide assistance to a mother and the
alleged father of her child if the mother and alleged father seek to
voluntarily acknowledge paternity of the child, if appropriate; and
(D) provide information to a mother about the
availability of child support services from the office of the
attorney general[; and
[(4) require that the regular nurse visits described
by Subdivision (2) begin not later than a mother's 28th week of
gestation and end when her child reaches two years of age].
SECTION 27. The heading to Section 265.106, Family Code, is
amended to read as follows:
Sec. 265.106. NURSE-FAMILY PARTNERSHIP PROGRAM STANDARDS.
SECTION 28. The heading to Section 265.109, Family Code, is
amended to read as follows:
Sec. 265.109. NURSE-FAMILY PARTNERSHIP [PROGRAM MONITORING
AND EVALUATION; ANNUAL] COMMITTEE REPORTS.
SECTION 29. Sections 265.109(a) and (b), Family Code, are
amended to read as follows:
(a) Not [The department, with the assistance of the
Nurse-Family Partnership National Service Office, shall:
[(1) adopt performance indicators that are designed to
measure a grant recipient's performance with respect to the
partnership program standards adopted by the commissioner under
Section 265.106;
[(2) use the performance indicators to continuously
monitor and formally evaluate on an annual basis the performance of
each grant recipient; and
[(3) prepare and submit an annual report, not] later
than December 1 of each even-numbered year, the department shall
prepare and submit a report to the Senate Health and Human Services
Committee, or its successor, and the House Human Services
Committee, or its successor, regarding the performance of each
grant recipient during the preceding state fiscal year with respect
to providing partnership program services. The department may
combine the report required by this section with the report
required by Section 265.154.
(b) The report required under Subsection (a) [(a)(3)] must
include:
(1) the number of low-income, first-time mothers to
whom each grant recipient provided partnership program services
and, of that number, the number of mothers who established the
paternity of an alleged father as a result of services provided
under the program;
(2) the extent to which each grant recipient made
regular visits to mothers [during the period described by Section
265.103(4)]; and
(3) the extent to which each grant recipient adhered
to the Nurse-Family Partnership National Service Office's program
model, including the extent to which registered nurses:
(A) conducted home visitations comparable in
frequency, duration, and content to those delivered in Nurse-Family
Partnership National Service Office clinical trials; and
(B) assessed the health and well-being of mothers
and children participating in the partnership programs in
accordance with indicators of maternal, child, and family health
defined by the department in consultation with the Nurse-Family
Partnership National Service Office.
SECTION 30. The heading to Subchapter D, Chapter 265,
Family Code, is amended to read as follows:
SUBCHAPTER D. EVIDENCE-BASED PROGRAMS AND PRACTICES [PARENTING
EDUCATION]
SECTION 31. Section 265.151, Family Code, is amended to
read as follows:
Sec. 265.151. REQUIREMENTS FOR [PARENTING EDUCATION]
PROGRAMS AND PRACTICES ON EVIDENCE-BASED SPECTRUM. (a) A
prevention and early intervention [parenting education] program or
practice provided by the department must be an evidence-based
program or practice, a promising program or practice, or an
evidence-informed program or practice described by this section.
(b) An evidence-based program or practice is a [parenting
education] program or practice that:
(1) is research-based and grounded in relevant,
empirical knowledge and program-determined outcomes;
(2) has comprehensive standards ensuring the highest
quality service delivery with continuous improvement in the quality
of service delivery;
(3) has demonstrated significant positive [short-term
and long-term] outcomes;
(4) is listed as an evidence-based program or practice
by a nationally recognized clearinghouse associated with a state or
federal agency or an institution of higher education or, during the
preceding 10 years, has been subject to an external evaluation that
showed positive results and was published in peer-reviewed
literature [has been evaluated by at least one rigorous, random,
controlled research trial across heterogeneous populations or
communities with research results that have been published in a
peer-reviewed journal];
(5) substantially complies with a program or practice
manual or design that specifies the purpose, outcomes, duration,
and frequency of the program or practice services; [and]
(6) employs well-trained and competent staff and
provides continual relevant professional development opportunities
to the staff;
(7) is associated with a national organization,
institution of higher education, or national or state public health
institute; and
(8) demonstrates substantial connections to other
community-based services.
(c) A promising [practice] program or practice is a
[parenting education] program or practice that:
(1) has an active impact evaluation program or
practice or demonstrates a schedule for implementing an active
impact evaluation program or practice;
(2) is listed as a promising program or practice by a
nationally recognized clearinghouse associated with a state or
federal agency or an institution of higher education or, during the
preceding 10 years, has been subject to an external evaluation that
showed positive results and was published in peer-reviewed
literature [has been evaluated by at least one outcome-based study
demonstrating effectiveness or random, controlled trial in a
homogeneous sample];
(3) substantially complies with a program or practice
manual or design that specifies the purpose, outcomes, duration,
and frequency of the program or practice services;
(4) employs well-trained and competent staff and
provides continual relevant professional development opportunities
to the staff; [and]
(5) is research-based and grounded in relevant,
empirical knowledge and program-determined outcomes; and
(6) demonstrates substantial connections to other
community-based services.
(d) An evidence-informed program or practice is a program or
practice that:
(1) combines well-researched interventions with
clinical experience, ethics, and client preferences and culture to
guide and inform the delivery of treatments and services;
(2) has an active impact evaluation program or
demonstrates a schedule for implementing an active impact
evaluation program;
(3) substantially complies with a program or practice
manual or design that specifies the purpose, outcome, duration, and
frequency of the program or practice services; and
(4) employs well-trained and competent staff and
provides continual relevant professional development opportunities
to the staff.
SECTION 32. Section 265.152, Family Code, is amended to
read as follows:
Sec. 265.152. OUTCOMES OF PREVENTION AND EARLY INTERVENTION
PROGRAMS AND PRACTICES [EVIDENCE-BASED PARENTING EDUCATION]. The
department shall ensure that a prevention and early intervention
[parenting education] program or practice provided under this
subchapter [chapter] achieves favorable behavioral outcomes in at
least two of the following areas:
(1) improved cognitive development of children;
(2) increased [school] readiness for and
participation and performance in school [of children];
(3) reduced child abuse, neglect, and injury;
(4) improved child safety;
(5) improved social-emotional development of children
and youth;
(6) increased protective factors [improved parenting
skills], including nurturing, [and] bonding, and other parenting
skills;
(7) improved family economic self-sufficiency;
(8) reduced parental or youth involvement with the
criminal justice system; [and]
(9) increased paternal involvement and support;
(10) improved maternal and child health; and
(11) increased protective factors for youth.
SECTION 33. Section 265.153, Family Code, is amended to
read as follows:
Sec. 265.153. EVALUATION OF PREVENTION AND EARLY
INTERVENTION PROGRAMS AND PRACTICES [EVIDENCE-BASED PARENTING
EDUCATION]. (a) The department shall adopt outcome indicators to
measure the effectiveness of prevention and early intervention
[parenting education] programs and practices provided under this
subchapter [chapter] in achieving desired outcomes.
(b) The department may work directly with the model
developer of a prevention and early intervention [parenting
education] program or practice to identify appropriate outcome
indicators for the program or practice and to ensure that the
program or practice substantially complies with the model.
(c) The department shall develop internal processes to
share information with prevention and early intervention service
providers [parenting education programs] to assist the department
in analyzing the performance of the programs or practices.
(d) The department shall use information obtained under
this section to:
(1) monitor prevention and early intervention
[parenting education] programs and practices;
(2) continually improve the quality of the programs
and practices; and
(3) evaluate the effectiveness of the programs and
practices.
SECTION 34. Section 265.154, Family Code, is amended to
read as follows:
Sec. 265.154. REPORTS TO LEGISLATURE. (a) Not later than
December 1 of each even-numbered year, the department shall prepare
and submit a report on state-funded prevention and early
intervention [parenting education] programs and practices to the
standing committees of the senate and house of representatives with
jurisdiction over child protective services.
(b) A report submitted under this section must include:
(1) a description of the prevention and early
intervention [parenting education] programs and practices
implemented and of the models associated with the programs and
practices;
(2) information on the families served by the programs
and practices, including:
(A) the number of families served and their
demographic information;
(B) whether parents abuse or neglect their
children while receiving services or during the three years after
receiving services;
(C) whether youth are referred to juvenile courts
while receiving services or after receiving services;
(D) whether, based on a validated survey before
and after receiving services, protective factors in parenting have
increased;
(E) whether programs and practices focused on
children younger than four years of age reduced the number of child
fatalities;
(F) whether the parents receiving services had
any previous involvement with child protective services; and
(G) other outcome measures the department
determines are appropriate based on the strategic plan for
prevention and early intervention under Section 265.005;
(3) the goals and achieved outcomes of the programs
and practices;
(4) information on the cost for each family served,
including any available third-party return-on-investment analysis;
and
(5) information on the expenditure of appropriations
for the biennium, including information explaining the percentage
of money spent on evidence-based programs and practices, on
promising [practice] programs and practices, and on
evidence-informed programs and practices.
(c) The department shall publish the report on the
department's Internet website.
SECTION 35. Chapter 53, Human Resources Code, is
transferred to Chapter 265, Family Code, redesignated as Subchapter
E, Chapter 265, Family Code, and amended to read as follows:
SUBCHAPTER E [CHAPTER 53]. PREVENTIVE SERVICES FOR VETERANS AND
MILITARY FAMILIES
Sec. 265.201 [53.001]. DEFINITION [DEFINITIONS]. In this
subchapter, "veteran" [chapter:
[(1) "Department" means the Department of Family and
Protective Services.
[(2) "Veteran"] means a person who has served in:
(A) the army, navy, air force, coast guard, or
marine corps of the United States;
(B) the state military forces as defined by
Section 431.001, Government Code; or
(C) an auxiliary service of one of those branches
of the armed forces.
Sec. 265.202 [53.002]. VETERANS AND MILITARY FAMILIES
PREVENTIVE SERVICES PROGRAM. (a) The department shall develop and
implement a preventive services program to serve veterans and
military families who have committed or experienced or who are at a
high risk of:
(1) family violence; or
(2) abuse or neglect.
(b) The program must:
(1) be designed to coordinate with community-based
organizations to provide prevention services;
(2) include a prevention component and an early
intervention component;
(3) include collaboration with services for child
welfare, services for early childhood education, and other child
and family services programs; and
(4) coordinate with the community collaboration
initiative developed under Subchapter I, Chapter 434, Government
Code, and committees formed by local communities as part of that
initiative.
(c) The program must be established initially as a pilot
program in areas of the state in which the department considers the
implementation practicable. The department shall evaluate the
outcomes of the pilot program and ensure that the program is
producing positive results before implementing the program
throughout the state.
(d) In even-numbered years, the [The] department shall
evaluate the program and prepare a [an annual] report on the
outcomes of the program. The department shall publish the report on
the department's Internet website. The department may combine the
report required by this section with the report required by Section
265.154.
SECTION 36. Sections 191.0048(a), (b), and (d), Health and
Safety Code, are amended to read as follows:
(a) A person requesting a copy or certified copy of a birth,
marriage, or divorce record may make a voluntary contribution of $5
to promote healthy early childhood by supporting the Texas Home
Visiting Program administered by the prevention and early
intervention services division within [Office of Early Childhood
Coordination of] the Department of Family and Protective [Health
and Human] Services [Commission].
(b) On each paper or electronic application form for a copy
or certified copy of a birth, marriage, or divorce record, the
department shall include a printed box for the applicant to check
indicating that the applicant wishes to make a voluntary
contribution of $5 to promote healthy early childhood by supporting
the Texas Home Visiting Program administered by the prevention and
early intervention services division within [Office of Early
Childhood Coordination of] the Department of Family and Protective
[Health and Human] Services [Commission].
(d) Notwithstanding Section 191.005, the local registrar or
county clerk who collects the voluntary contribution under this
section shall send the voluntary contribution to the comptroller,
who shall deposit the voluntary contribution in the Texas Home
Visiting Program trust fund under Section 265.0551 [531.287],
Family [Government] Code.
SECTION 37. Section 118.018(c), Local Government Code, is
amended to read as follows:
(c) A person applying for a marriage license may make a
voluntary contribution of $5 to promote healthy early childhood by
supporting the Texas Home Visiting Program administered by the
prevention and early intervention services division within [Office
of Early Childhood Coordination of] the Department of Family and
Protective [Health and Human] Services [Commission]. A county
clerk shall collect the additional voluntary contribution under
this section.
SECTION 38. Sections 118.022(a) and (d), Local Government
Code, are amended to read as follows:
(a) If the county clerk collects a fee for issuing a
marriage license, the county clerk shall deposit, as provided by
Subchapter B, Chapter 133:
(1) $20 of each fee collected for issuing a marriage
license or $12.50 of each fee for recording a declaration of
informal marriage to be sent to the comptroller and deposited as
provided by Subsection (b);
(2) $10 of each fee collected for issuing a marriage
license to be sent to the comptroller and deposited as provided by
Subsection (c); and
(3) if applicable, the $5 voluntary contribution
collected to promote healthy early childhood by supporting the
Texas Home Visiting Program administered by the prevention and
early intervention services division within [Office of Early
Childhood Coordination of] the Department of Family and Protective
[Health and Human] Services [Commission] to be sent to the
comptroller and deposited as provided by Subsection (d).
(d) The comptroller shall deposit the money received under
Subsection (a)(3) in the Texas Home Visiting Program trust fund
under Section 265.0551 [531.287], Family [Government] Code.
SECTION 39. The following provisions are repealed:
(1) Section 264.204, Family Code;
(2) Subchapter D, Chapter 264, Family Code;
(3) Sections 265.101(1), 265.104, 265.107, and
265.110, Family Code; and
(4) Sections 531.983, 531.984, 531.985, 531.986,
531.9871, and 531.988, Government Code.
SECTION 40. This Act takes effect September 1, 2019.