Texas 2019 - 86th Regular

Texas House Bill HB4354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11334 MCK-D
2	2	By: Phelan H.B. No. 4354
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prevention and early intervention programs and
8	8	practices.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 45.056(f), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(f) The governing body of the employing governmental entity
13	13	under Subsection (a) shall adopt reasonable rules for juvenile case
14	14	managers that provide:
15	15	(1) a code of ethics, and for the enforcement of the
16	16	code of ethics;
17	17	(2) appropriate educational preservice and in-service
18	18	training standards for juvenile case managers; and
19	19	(3) training in:
20	20	(A) the role of the juvenile case manager;
21	21	(B) case planning and management;
22	22	(C) applicable procedural and substantive law;
23	23	(D) courtroom proceedings and presentation;
24	24	(E) services to at-risk youth under [Subchapter
25	25	D,] Chapter 265 [264], Family Code;
26	26	(F) local programs and services for juveniles and
27	27	methods by which juveniles may access those programs and services;
28	28	and
29	29	(G) detecting and preventing abuse,
30	30	exploitation, and neglect of juveniles.
31	31	SECTION 2. Article 45.057(b), Code of Criminal Procedure,
32	32	is amended to read as follows:
33	33	(b) On a finding by a justice or municipal court that a child
34	34	committed an offense that the court has jurisdiction of under
35	35	Article 4.11 or 4.14, the court has jurisdiction to enter an order:
36	36	(1) referring the child or the child's parent for
37	37	services under Chapter 265 [Section 264.302], Family Code;
38	38	(2) requiring that the child attend a special program
39	39	that the court determines to be in the best interest of the child
40	40	and, if the program involves the expenditure of municipal or county
41	41	funds, that is approved by the governing body of the municipality or
42	42	county commissioners court, as applicable, including a
43	43	rehabilitation, counseling, self-esteem and leadership, work and
44	44	job skills training, job interviewing and work preparation,
45	45	self-improvement, parenting, manners, violence avoidance,
46	46	tutoring, sensitivity training, parental responsibility, community
47	47	service, restitution, advocacy, or mentoring program; or
48	48	(3) requiring that the child's parent do any act or
49	49	refrain from doing any act that the court determines will increase
50	50	the likelihood that the child will comply with the orders of the
51	51	court and that is reasonable and necessary for the welfare of the
52	52	child, including:
53	53	(A) attend a parenting class or parental
54	54	responsibility program; and
55	55	(B) attend the child's school classes or
56	56	functions.
57	57	SECTION 3. Section 2.004(b), Family Code, is amended to
58	58	read as follows:
59	59	(b) The application form must contain:
60	60	(1) a heading entitled "Application for Marriage
61	61	License, ____________ County, Texas";
62	62	(2) spaces for each applicant's full name, including
63	63	the woman's maiden surname, address, social security number, if
64	64	any, date of birth, and place of birth, including city, county, and
65	65	state;
66	66	(3) a space for indicating the document tendered by
67	67	each applicant as proof of identity and age;
68	68	(4) spaces for indicating whether each applicant has
69	69	been divorced within the last 30 days;
70	70	(5) printed boxes for each applicant to check "true"
71	71	or "false" in response to the following statement: "I am not
72	72	presently married and the other applicant is not presently
73	73	married.";
74	74	(6) printed boxes for each applicant to check "true"
75	75	or "false" in response to the following statement: "The other
76	76	applicant is not related to me as:
77	77	(A) an ancestor or descendant, by blood or
78	78	adoption;
79	79	(B) a brother or sister, of the whole or half
80	80	blood or by adoption;
81	81	(C) a parent's brother or sister, of the whole or
82	82	half blood or by adoption;
83	83	(D) a son or daughter of a brother or sister, of
84	84	the whole or half blood or by adoption;
85	85	(E) a current or former stepchild or stepparent;
86	86	or
87	87	(F) a son or daughter of a parent's brother or
88	88	sister, of the whole or half blood or by adoption.";
89	89	(7) printed boxes for each applicant to check "true"
90	90	or "false" in response to the following statement: "I am not
91	91	presently delinquent in the payment of court-ordered child
92	92	support.";
93	93	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
94	94	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
95	95	CORRECT.";
96	96	(9) spaces immediately below the printed oath for the
97	97	applicants' signatures;
98	98	(10) a certificate of the county clerk that:
99	99	(A) each applicant made the oath and the date and
100	100	place that it was made; or
101	101	(B) an applicant did not appear personally but
102	102	the prerequisites for the license have been fulfilled as provided
103	103	by this chapter;
104	104	(11) spaces for indicating the date of the marriage
105	105	and the county in which the marriage is performed;
106	106	(12) a space for the address to which the applicants
107	107	desire the completed license to be mailed; and
108	108	(13) a printed box for each applicant to check
109	109	indicating that the applicant wishes to make a voluntary
110	110	contribution of $5 to promote healthy early childhood by supporting
111	111	the Texas Home Visiting Program administered by the prevention and
112	112	early intervention services division within the Department of
113	113	Family and Protective [Office of Early Childhood Coordination of
114	114	the Health and Human] Services [Commission].
115	115	SECTION 4. Section 52.03(c), Family Code, is amended to
116	116	read as follows:
117	117	(c) A disposition authorized by this section may involve:
118	118	(1) referral of the child to an agency other than the
119	119	juvenile court;
120	120	(2) a brief conference with the child and the child's
121	121	[his] parent, guardian, or custodian; or
122	122	(3) referral of the child and the child's parent,
123	123	guardian, or custodian for services under Chapter 265 [Section
124	124	264.302].
125	125	SECTION 5. Section 59.004(a), Family Code, is amended to
126	126	read as follows:
127	127	(a) For a child at sanction level one, the juvenile court or
128	128	probation department may:
129	129	(1) require counseling for the child regarding the
130	130	child's conduct;
131	131	(2) inform the child of the progressive sanctions that
132	132	may be imposed on the child if the child continues to engage in
133	133	delinquent conduct or conduct indicating a need for supervision;
134	134	(3) inform the child's parents or guardians of the
135	135	parents' or guardians' responsibility to impose reasonable
136	136	restrictions on the child to prevent the conduct from recurring;
137	137	(4) provide information or other assistance to the
138	138	child or the child's parents or guardians in securing needed social
139	139	services;
140	140	(5) require the child or the child's parents or
141	141	guardians to participate in a program for services under Chapter
142	142	265 [Section 264.302], if a program under Chapter 265 [Section
143	143	264.302] is available to the child or the child's parents or
144	144	guardians;
145	145	(6) refer the child to a community-based citizen
146	146	intervention program approved by the juvenile court;
147	147	(7) release the child to the child's parents or
148	148	guardians; and
149	149	(8) require the child to attend and successfully
150	150	complete an educational program described by Section 37.218,
151	151	Education Code, or another equivalent educational program.
152	152	SECTION 6. Section 59.005(a), Family Code, is amended to
153	153	read as follows:
154	154	(a) For a child at sanction level two, the juvenile court,
155	155	the prosecuting attorney, or the probation department may, as
156	156	provided by Section 53.03:
157	157	(1) place the child on deferred prosecution for not
158	158	less than three months or more than six months;
159	159	(2) require the child to make restitution to the
160	160	victim of the child's conduct or perform community service
161	161	restitution appropriate to the nature and degree of harm caused and
162	162	according to the child's ability;
163	163	(3) require the child's parents or guardians to
164	164	identify restrictions the parents or guardians will impose on the
165	165	child's activities and requirements the parents or guardians will
166	166	set for the child's behavior;
167	167	(4) provide the information required under Sections
168	168	59.004(a)(2) and (4);
169	169	(5) require the child or the child's parents or
170	170	guardians to participate in a program for services under Chapter
171	171	265 [Section 264.302], if a program under Chapter 265 [Section
172	172	264.302] is available to the child or the child's parents or
173	173	guardians;
174	174	(6) refer the child to a community-based citizen
175	175	intervention program approved by the juvenile court; and
176	176	(7) if appropriate, impose additional conditions of
177	177	probation.
178	178	SECTION 7. Section 265.001, Family Code, is amended to read
179	179	as follows:
180	180	Sec. 265.001. DEFINITIONS. In this chapter:
181	181	(1) "Commissioner" means the commissioner of the
182	182	Department of Family and Protective Services.
183	183	(2) "Department" means the Department of Family and
184	184	Protective Services.
185	185	(3) [(2)] "Division" means the prevention and early
186	186	intervention services division within the department.
187	187	(4) [(3)] "Prevention and early intervention
188	188	services" means programs and practices intended to provide early
189	189	intervention or prevent risk factors [at-risk behaviors] that lead
190	190	to child abuse, neglect, or other childhood adversities
191	191	[delinquency, running away, truancy, and dropping out of school].
192	192	SECTION 8. Section 531.981(2), Government Code, is
193	193	transferred to Section 265.001, Family Code, redesignated as
194	194	Section 265.001(5), Family Code, and amended to read as follows:
195	195	(5) [(2)] "Risk factors" means factors that make a
196	196	child more likely to experience adversity [adverse experiences]
197	197	leading to negative consequences, including preterm birth,
198	198	poverty, low parental education, having a teenaged mother or
199	199	father, poor maternal health, and parental underemployment or
200	200	unemployment.
201	201	SECTION 9. Section 265.002, Family Code, is amended by
202	202	amending Subsection (a) and adding Subsection (c) to read as
203	203	follows:
204	204	(a) The department shall operate a division to provide
205	205	[services for children in at-risk situations and for the families
206	206	of those children and to achieve the consolidation of] prevention
207	207	and early intervention services with goals of preventing risk
208	208	factors, intervening in situations where risk factors are present,
209	209	[within the jurisdiction of a single agency in order to avoid
210	210	fragmentation and duplication of services] and increasing [to
211	211	increase] the accountability for the delivery and administration of
212	212	these services. The division shall be called the prevention and
213	213	early intervention services division and shall have the following
214	214	duties:
215	215	(1) to plan, develop, and administer a comprehensive
216	216	and unified delivery system of prevention and early intervention
217	217	services to children and their families in at-risk situations;
218	218	(2) to improve the responsiveness of services for
219	219	at-risk children and their families by facilitating greater
220	220	coordination and flexibility in the use of funds by state and local
221	221	service providers;
222	222	(3) to provide greater accountability for prevention
223	223	and early intervention services in order to demonstrate the impact
224	224	or public benefit of a program by adopting outcome measures; and
225	225	(4) to assist local communities in the coordination
226	226	and development of prevention and early intervention services in
227	227	order to maximize federal, state, and local resources.
228	228	(c) The division shall provide prevention and early
229	229	intervention services through competitive grants or procurements.
230	230	SECTION 10. Section 265.003, Family Code, is amended to
231	231	read as follows:
232	232	Sec. 265.003. CONSOLIDATION OF PROGRAMS. (a) In order to
233	233	implement the duties provided in Section 265.002, the department
234	234	shall consolidate into the division programs with the goal of
235	235	providing early intervention or prevention of risk factors [at-risk
236	236	behavior that leads to child abuse, delinquency, running away,
237	237	truancy, and dropping out of school].
238	238	(b) The division may provide additional prevention and
239	239	early intervention services in accordance with Section 265.002
240	240	through competitive grants or procurements.
241	241	SECTION 11. Section 265.105, Family Code, is transferred to
242	242	Subchapter A, Chapter 265, Family Code, redesignated as Section
243	243	265.0031, Family Code, and amended to read as follows:
244	244	Sec. 265.0031 [265.105]. [ADDITIONAL] CONSIDERATIONS IN
245	245	AWARDING GRANTS. In [addition to the factors described by Sections
246	246	265.102(b) and 265.103, in] determining whether to award a grant to
247	247	an applicant under this chapter [subchapter], the department shall
248	248	consider:
249	249	(1) the demonstrated need for a [partnership] program
250	250	in the community in which the applicant proposes to operate or to
251	251	expand the program, which may be determined by considering the risk
252	252	factors in the community identified during the development of the
253	253	agency's strategic plan[:
254	254	[(A) the poverty rate, the crime rate, the number
255	255	of births to Medicaid recipients, the rate of poor birth outcomes,
256	256	and the incidence of child abuse and neglect during a prescribed
257	257	period in the community; and
258	258	[(B) the need to enhance school readiness in the
259	259	community];
260	260	(2) the applicant's ability to participate in ongoing
261	261	monitoring and performance evaluations [under Section 265.109,
262	262	including the applicant's ability to collect and provide
263	263	information requested by the department under Section 265.109(c)];
264	264	(3) the applicant's ability to adhere to the
265	265	applicable [partnership] program model standards [adopted under
266	266	Section 265.106];
267	267	(4) the applicant's ability to develop broad-based
268	268	community support for implementing or expanding a [partnership]
269	269	program, as applicable; and
270	270	(5) the applicant's history of developing and
271	271	sustaining innovative, high-quality programs that meet the needs of
272	272	families and communities.
273	273	SECTION 12. Section 265.057, Family Code, is transferred to
274	274	Subchapter A, Chapter 265, Family Code, redesignated as Section
275	275	265.0032, Family Code, and amended to read as follows:
276	276	Sec. 265.0032 [265.057]. COMMUNITY YOUTH DEVELOPMENT
277	277	GRANTS. (a) Subject to available funding, the department shall
278	278	award community youth development grants to communities identified
279	279	by the presence of risk factors, including child poverty rates and
280	280	single-parent households, and the incidence of negative outcomes
281	281	for youth, including juvenile crime, child abuse or neglect, school
282	282	drop-out, and teen pregnancy. The department shall give priority
283	283	in awarding grants under this section to areas of the state in which
284	284	there is a high incidence of risk factors and negative outcomes
285	285	[juvenile crime].
286	286	(b) The purpose of a grant under this section is to assist a
287	287	community in alleviating conditions in the family and community
288	288	that lead to negative outcomes for youth [juvenile crime].
289	289	SECTION 13. Subchapter A, Chapter 265, Family Code, is
290	290	amended by adding Section 265.0033 to read as follows:
291	291	Sec. 265.0033. STATEWIDE PREVENTION AND EARLY INTERVENTION
292	292	SERVICES FOR AT-RISK YOUTH AND FAMILIES PROGRAM; GRANTS. (a)
293	293	Subject to available funding, the department shall award grants to
294	294	increase the availability of prevention and early intervention
295	295	services in all communities in this state based on a community's
296	296	needs assessment and the division's strategic plan.
297	297	(b) The purpose of a grant under this section is to provide
298	298	community-based prevention and early intervention services that
299	299	complement and are coordinated with other prevention services and
300	300	that promote protective factors in families and communities based
301	301	on a community's needs assessment.
302	302	SECTION 14. The heading to Section 265.004, Family Code, is
303	303	amended to read as follows:
304	304	Sec. 265.004. USE OF EVIDENCE-BASED PROGRAMS AND PRACTICES
305	305	FOR AT-RISK FAMILIES.
306	306	SECTION 15. Section 265.004, Family Code, is amended by
307	307	amending Subsections (a), (a-1), (a-2), and (c) and adding
308	308	Subsection (a-3) to read as follows:
309	309	(a) To the extent that money is appropriated for the
310	310	purpose, the department shall fund evidence-based programs and
311	311	practices under Subchapter C that are:
312	312	(1) [, including parenting education, home
313	313	visitation, family support services, mentoring, positive youth
314	314	development programs, and crisis counseling,] offered by
315	315	community-based organizations; and
316	316	(2) [that are] designed to:
317	317	(A) prevent or ameliorate child abuse and
318	318	neglect; and
319	319	(B) promote positive child and family
320	320	outcomes[. The programs funded under this subsection may be
321	321	offered by a child welfare board established under Section 264.005,
322	322	a local governmental board granted the powers and duties of a child
323	323	welfare board under state law, a children's advocacy center
324	324	established under Section 264.402, or other persons determined
325	325	appropriate by the department].
326	326	(a-1) The department shall ensure that not less than 75
327	327	percent of the money appropriated for home visits and parenting
328	328	education programs under Subsection (a) funds evidence-based
329	329	programs or practices described by Section 265.151(b) and that the
330	330	remainder of that money funds promising [practice] programs or
331	331	practices described by Section 265.151(c) and evidence-informed
332	332	programs or practices described by Section 265.151(d).
333	333	(a-2) The department shall actively seek and apply for any
334	334	available federal funds to support prevention and early
335	335	intervention [parenting education] programs and practices
336	336	[provided under this section].
337	337	(a-3) The department may accept gifts, donations, and
338	338	grants to support prevention and early intervention programs and
339	339	practices.
340	340	(c) The department shall periodically evaluate the
341	341	evidence-based [abuse and neglect] prevention and early
342	342	intervention programs and practices to determine the continued
343	343	effectiveness of the programs and practices.
344	344	SECTION 16. Section 265.0041(a), Family Code, is amended to
345	345	read as follows:
346	346	(a) Subject to the availability of funds, [the Health and
347	347	Human Services Commission, on behalf of] the department[,] shall
348	348	enter into agreements with institutions of higher education to
349	349	conduct efficacy reviews of any prevention and early intervention
350	350	programs that have not previously been evaluated for effectiveness
351	351	through a scientific research evaluation process.
352	352	SECTION 17. Section 265.005(b), Family Code, as amended by
353	353	Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th
354	354	Legislature, Regular Session, 2017, is reenacted and amended to
355	355	read as follows:
356	356	(b) A strategic plan required under this section must:
357	357	(1) identify methods to leverage other sources of
358	358	funding or provide support for existing community-based prevention
359	359	efforts;
360	360	(2) include a needs assessment that identifies
361	361	programs to best target the needs of the highest risk populations
362	362	and geographic areas;
363	363	(3) identify the goals and priorities for the
364	364	department's overall prevention efforts;
365	365	(4) report the results of previous prevention efforts
366	366	using available information in the plan;
367	367	(5) identify additional methods of measuring program
368	368	effectiveness and results or outcomes;
369	369	(6) identify methods to collaborate with other state
370	370	agencies on prevention efforts;
371	371	(7) identify specific strategies to implement the plan
372	372	and to develop measures for reporting on the overall progress
373	373	toward the plan's goals; [and]
374	374	(8) identify strategies and goals for increasing the
375	375	number of families receiving prevention and early intervention
376	376	services each year, subject to the availability of funds, to reach
377	377	targets set by the department for providing services to families
378	378	that are eligible to receive services through parental education,
379	379	family support, and community-based programs financed with
380	380	federal, state, local, or private resources; and
381	381	(9) [(8)] identify specific strategies to increase
382	382	local capacity for the delivery of prevention and early
383	383	intervention services through collaboration with communities and
384	384	stakeholders.
385	385	SECTION 18. The heading to Subchapter B, Chapter 265,
386	386	Family Code, is amended to read as follows:
387	387	SUBCHAPTER B. TRUST FUNDS [CHILD ABUSE AND NEGLECT PRIMARY
388	388	PREVENTION PROGRAMS]
389	389	SECTION 19. The heading to Section 265.052, Family Code, is
390	390	amended to read as follows:
391	391	Sec. 265.052. CHILDREN'S TRUST FUND; REGIONAL FUNDS [CHILD
392	392	ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS].
393	393	SECTION 20. Section 265.052, Family Code, is amended by
394	394	amending Subsection (c) and adding Subsections (d) and (e) to read
395	395	as follows:
396	396	(c) The department may:
397	397	(1) apply for and receive money [funds] made available
398	398	by the federal government or another public or private source for
399	399	administering programs under this subchapter and for funding for
400	400	child abuse and neglect primary prevention programs; [and]
401	401	(2) solicit donations for child abuse and neglect
402	402	primary prevention programs; and
403	403	(3) designate a municipal or county official to
404	404	operate a regional children's trust fund who has the same rights and
405	405	duties provided by this subchapter to the department with respect
406	406	to the trust fund.
407	407	(d) A designated municipal or county official who operates a
408	408	regional children's trust fund shall establish an advisory
409	409	coalition to oversee:
410	410	(1) the expenditure of any money the department grants
411	411	to the regional children's trust fund; and
412	412	(2) any money the regional children's trust fund
413	413	grants to the community.
414	414	(e) Members of the advisory coalition may include:
415	415	(1) representatives of local school districts;
416	416	(2) health care professionals;
417	417	(3) judges and other court personnel;
418	418	(4) representatives of philanthropic and nonprofit
419	419	organizations;
420	420	(5) representatives of faith organizations;
421	421	(6) representatives of the business community; and
422	422	(7) representatives from the divisions of a
423	423	municipality or county that provide services to families, including
424	424	housing, transportation, or parks and recreation.
425	425	SECTION 21. Section 531.287, Government Code, is
426	426	transferred to Subchapter B, Chapter 265, Family Code, redesignated
427	427	as Section 265.0551, Family Code, and amended to read as follows:
428	428	Sec. 265.0551 [531.287]. TEXAS HOME VISITING PROGRAM TRUST
429	429	FUND. (a) The Texas Home Visiting Program trust fund is created as
430	430	a trust fund outside the treasury and held by [with] the comptroller
431	431	and shall be administered by the department [office] under this
432	432	section and rules adopted by the [executive] commissioner. Credits
433	433	of money in the fund are not state funds or subject to legislative
434	434	appropriation.
435	435	(b) The trust fund consists of money from voluntary
436	436	contributions under Section 191.0048, Health and Safety Code, and
437	437	Section 118.018, Local Government Code.
438	438	(c) Money in the fund may be spent without appropriation by
439	439	the department [office] only for the purpose of the Texas Home
440	440	Visiting Program administered by the department [commission].
441	441	(d) Interest and income from the assets of the trust fund
442	442	shall be credited to and deposited in the trust fund.
443	443	SECTION 22. The heading to Subchapter C, Chapter 265,
444	444	Family Code, is amended to read as follows:
445	445	SUBCHAPTER C. PROGRAMS PROVIDING HOME VISITS [NURSE-FAMILY
446	446	PARTNERSHIP COMPETITIVE GRANT PROGRAM]
447	447	SECTION 23. Section 531.981(1), Government Code, is
448	448	transferred to Section 265.101, Family Code, redesignated as
449	449	Section 265.101(1-a), Family Code, and amended to read as follows:
450	450	(1-a) [(1)] "Home visiting program" means a
451	451	voluntary-enrollment program in which early childhood and health
452	452	professionals, including [such as] nurses, social workers, or
453	453	trained and supervised paraprofessionals, repeatedly visit over a
454	454	period of at least six months the homes of pregnant women or
455	455	families with children under the age of six who are born with or
456	456	exposed to one or more risk factors.
457	457	SECTION 24. Section 531.982, Government Code, is
458	458	transferred to Subchapter C, Chapter 265, Family Code, redesignated
459	459	as Section 265.1015, Family Code, and amended to read as follows:
460	460	Sec. 265.1015 [531.982]. IMPLEMENTATION OF TEXAS HOME
461	461	VISITING PROGRAM. (a) The department [commission] shall [maintain
462	462	a strategic plan to] serve at-risk pregnant women and families with
463	463	children under the age of six through home visiting programs that
464	464	improve outcomes for parents and families.
465	465	(b) A pregnant woman or family is considered at-risk for
466	466	purposes of this section and may be eligible for voluntary
467	467	enrollment in a home visiting program if the woman or family is
468	468	exposed to one or more risk factors.
469	469	(c) The department [commission] may determine if a risk
470	470	factor or combination of risk factors experienced by an at-risk
471	471	pregnant woman or family qualifies the woman or family for
472	472	enrollment in a home visiting program.
473	473	SECTION 25. Section 265.102(b), Family Code, is amended to
474	474	read as follows:
475	475	(b) The department shall award grants under the program to
476	476	applicants, including applicants operating existing programs, in a
477	477	manner that ensures that the partnership programs collectively[:
478	478	[(1)] operate in accordance with the department's
479	479	strategic plan required by Section 265.005 and improvement strategy
480	480	required by Section 265.007 [multiple communities that are
481	481	geographically distributed throughout this state; and
482	482	[(2) provide program services to approximately 2,000
483	483	families].
484	484	SECTION 26. Section 265.103, Family Code, is amended to
485	485	read as follows:
486	486	Sec. 265.103. NURSE-FAMILY PARTNERSHIP PROGRAM
487	487	REQUIREMENTS. A partnership program funded through a grant awarded
488	488	under this subchapter must:
489	489	(1) strictly adhere to the program model developed by
490	490	the Nurse-Family Partnership National Service Office, including
491	491	any clinical, programmatic, and data collection requirements of
492	492	that model; and
493	493	(2) [require that registered nurses regularly visit
494	494	the homes of low-income, first-time mothers participating in the
495	495	program to provide services designed to:
496	496	[(A) improve pregnancy outcomes;
497	497	[(B) improve child health and development;
498	498	[(C) improve family economic self-sufficiency
499	499	and stability; and
500	500	[(D) reduce the incidence of child abuse and
501	501	neglect;
502	502	[(3)] require that nurses who provide services through
503	503	the program:
504	504	(A) receive training from the office of the
505	505	attorney general at least once each year on procedures by which a
506	506	person may voluntarily acknowledge the paternity of a child and on
507	507	the availability of child support services from the office;
508	508	(B) provide a mother with information about the
509	509	rights, responsibilities, and benefits of establishing the
510	510	paternity of her child, if appropriate;
511	511	(C) provide assistance to a mother and the
512	512	alleged father of her child if the mother and alleged father seek to
513	513	voluntarily acknowledge paternity of the child, if appropriate; and
514	514	(D) provide information to a mother about the
515	515	availability of child support services from the office of the
516	516	attorney general[; and
517	517	[(4) require that the regular nurse visits described
518	518	by Subdivision (2) begin not later than a mother's 28th week of
519	519	gestation and end when her child reaches two years of age].
520	520	SECTION 27. The heading to Section 265.106, Family Code, is
521	521	amended to read as follows:
522	522	Sec. 265.106. NURSE-FAMILY PARTNERSHIP PROGRAM STANDARDS.
523	523	SECTION 28. The heading to Section 265.109, Family Code, is
524	524	amended to read as follows:
525	525	Sec. 265.109. NURSE-FAMILY PARTNERSHIP [PROGRAM MONITORING
526	526	AND EVALUATION; ANNUAL] COMMITTEE REPORTS.
527	527	SECTION 29. Sections 265.109(a) and (b), Family Code, are
528	528	amended to read as follows:
529	529	(a) Not [The department, with the assistance of the
530	530	Nurse-Family Partnership National Service Office, shall:
531	531	[(1) adopt performance indicators that are designed to
532	532	measure a grant recipient's performance with respect to the
533	533	partnership program standards adopted by the commissioner under
534	534	Section 265.106;
535	535	[(2) use the performance indicators to continuously
536	536	monitor and formally evaluate on an annual basis the performance of
537	537	each grant recipient; and
538	538	[(3) prepare and submit an annual report, not] later
539	539	than December 1 of each even-numbered year, the department shall
540	540	prepare and submit a report to the Senate Health and Human Services
541	541	Committee, or its successor, and the House Human Services
542	542	Committee, or its successor, regarding the performance of each
543	543	grant recipient during the preceding state fiscal year with respect
544	544	to providing partnership program services. The department may
545	545	combine the report required by this section with the report
546	546	required by Section 265.154.
547	547	(b) The report required under Subsection (a) [(a)(3)] must
548	548	include:
549	549	(1) the number of low-income, first-time mothers to
550	550	whom each grant recipient provided partnership program services
551	551	and, of that number, the number of mothers who established the
552	552	paternity of an alleged father as a result of services provided
553	553	under the program;
554	554	(2) the extent to which each grant recipient made
555	555	regular visits to mothers [during the period described by Section
556	556	265.103(4)]; and
557	557	(3) the extent to which each grant recipient adhered
558	558	to the Nurse-Family Partnership National Service Office's program
559	559	model, including the extent to which registered nurses:
560	560	(A) conducted home visitations comparable in
561	561	frequency, duration, and content to those delivered in Nurse-Family
562	562	Partnership National Service Office clinical trials; and
563	563	(B) assessed the health and well-being of mothers
564	564	and children participating in the partnership programs in
565	565	accordance with indicators of maternal, child, and family health
566	566	defined by the department in consultation with the Nurse-Family
567	567	Partnership National Service Office.
568	568	SECTION 30. The heading to Subchapter D, Chapter 265,
569	569	Family Code, is amended to read as follows:
570	570	SUBCHAPTER D. EVIDENCE-BASED PROGRAMS AND PRACTICES [PARENTING
571	571	EDUCATION]
572	572	SECTION 31. Section 265.151, Family Code, is amended to
573	573	read as follows:
574	574	Sec. 265.151. REQUIREMENTS FOR [PARENTING EDUCATION]
575	575	PROGRAMS AND PRACTICES ON EVIDENCE-BASED SPECTRUM. (a) A
576	576	prevention and early intervention [parenting education] program or
577	577	practice provided by the department must be an evidence-based
578	578	program or practice, a promising program or practice, or an
579	579	evidence-informed program or practice described by this section.
580	580	(b) An evidence-based program or practice is a [parenting
581	581	education] program or practice that:
582	582	(1) is research-based and grounded in relevant,
583	583	empirical knowledge and program-determined outcomes;
584	584	(2) has comprehensive standards ensuring the highest
585	585	quality service delivery with continuous improvement in the quality
586	586	of service delivery;
587	587	(3) has demonstrated significant positive [short-term
588	588	and long-term] outcomes;
589	589	(4) is listed as an evidence-based program or practice
590	590	by a nationally recognized clearinghouse associated with a state or
591	591	federal agency or an institution of higher education or, during the
592	592	preceding 10 years, has been subject to an external evaluation that
593	593	showed positive results and was published in peer-reviewed
594	594	literature [has been evaluated by at least one rigorous, random,
595	595	controlled research trial across heterogeneous populations or
596	596	communities with research results that have been published in a
597	597	peer-reviewed journal];
598	598	(5) substantially complies with a program or practice
599	599	manual or design that specifies the purpose, outcomes, duration,
600	600	and frequency of the program or practice services; [and]
601	601	(6) employs well-trained and competent staff and
602	602	provides continual relevant professional development opportunities
603	603	to the staff;
604	604	(7) is associated with a national organization,
605	605	institution of higher education, or national or state public health
606	606	institute; and
607	607	(8) demonstrates substantial connections to other
608	608	community-based services.
609	609	(c) A promising [practice] program or practice is a
610	610	[parenting education] program or practice that:
611	611	(1) has an active impact evaluation program or
612	612	practice or demonstrates a schedule for implementing an active
613	613	impact evaluation program or practice;
614	614	(2) is listed as a promising program or practice by a
615	615	nationally recognized clearinghouse associated with a state or
616	616	federal agency or an institution of higher education or, during the
617	617	preceding 10 years, has been subject to an external evaluation that
618	618	showed positive results and was published in peer-reviewed
619	619	literature [has been evaluated by at least one outcome-based study
620	620	demonstrating effectiveness or random, controlled trial in a
621	621	homogeneous sample];
622	622	(3) substantially complies with a program or practice
623	623	manual or design that specifies the purpose, outcomes, duration,
624	624	and frequency of the program or practice services;
625	625	(4) employs well-trained and competent staff and
626	626	provides continual relevant professional development opportunities
627	627	to the staff; [and]
628	628	(5) is research-based and grounded in relevant,
629	629	empirical knowledge and program-determined outcomes; and
630	630	(6) demonstrates substantial connections to other
631	631	community-based services.
632	632	(d) An evidence-informed program or practice is a program or
633	633	practice that:
634	634	(1) combines well-researched interventions with
635	635	clinical experience, ethics, and client preferences and culture to
636	636	guide and inform the delivery of treatments and services;
637	637	(2) has an active impact evaluation program or
638	638	demonstrates a schedule for implementing an active impact
639	639	evaluation program;
640	640	(3) substantially complies with a program or practice
641	641	manual or design that specifies the purpose, outcome, duration, and
642	642	frequency of the program or practice services; and
643	643	(4) employs well-trained and competent staff and
644	644	provides continual relevant professional development opportunities
645	645	to the staff.
646	646	SECTION 32. Section 265.152, Family Code, is amended to
647	647	read as follows:
648	648	Sec. 265.152. OUTCOMES OF PREVENTION AND EARLY INTERVENTION
649	649	PROGRAMS AND PRACTICES [EVIDENCE-BASED PARENTING EDUCATION]. The
650	650	department shall ensure that a prevention and early intervention
651	651	[parenting education] program or practice provided under this
652	652	subchapter [chapter] achieves favorable behavioral outcomes in at
653	653	least two of the following areas:
654	654	(1) improved cognitive development of children;
655	655	(2) increased [school] readiness for and
656	656	participation and performance in school [of children];
657	657	(3) reduced child abuse, neglect, and injury;
658	658	(4) improved child safety;
659	659	(5) improved social-emotional development of children
660	660	and youth;
661	661	(6) increased protective factors [improved parenting
662	662	skills], including nurturing, [and] bonding, and other parenting
663	663	skills;
664	664	(7) improved family economic self-sufficiency;
665	665	(8) reduced parental or youth involvement with the
666	666	criminal justice system; [and]
667	667	(9) increased paternal involvement and support;
668	668	(10) improved maternal and child health; and
669	669	(11) increased protective factors for youth.
670	670	SECTION 33. Section 265.153, Family Code, is amended to
671	671	read as follows:
672	672	Sec. 265.153. EVALUATION OF PREVENTION AND EARLY
673	673	INTERVENTION PROGRAMS AND PRACTICES [EVIDENCE-BASED PARENTING
674	674	EDUCATION]. (a) The department shall adopt outcome indicators to
675	675	measure the effectiveness of prevention and early intervention
676	676	[parenting education] programs and practices provided under this
677	677	subchapter [chapter] in achieving desired outcomes.
678	678	(b) The department may work directly with the model
679	679	developer of a prevention and early intervention [parenting
680	680	education] program or practice to identify appropriate outcome
681	681	indicators for the program or practice and to ensure that the
682	682	program or practice substantially complies with the model.
683	683	(c) The department shall develop internal processes to
684	684	share information with prevention and early intervention service
685	685	providers [parenting education programs] to assist the department
686	686	in analyzing the performance of the programs or practices.
687	687	(d) The department shall use information obtained under
688	688	this section to:
689	689	(1) monitor prevention and early intervention
690	690	[parenting education] programs and practices;
691	691	(2) continually improve the quality of the programs
692	692	and practices; and
693	693	(3) evaluate the effectiveness of the programs and
694	694	practices.
695	695	SECTION 34. Section 265.154, Family Code, is amended to
696	696	read as follows:
697	697	Sec. 265.154. REPORTS TO LEGISLATURE. (a) Not later than
698	698	December 1 of each even-numbered year, the department shall prepare
699	699	and submit a report on state-funded prevention and early
700	700	intervention [parenting education] programs and practices to the
701	701	standing committees of the senate and house of representatives with
702	702	jurisdiction over child protective services.
703	703	(b) A report submitted under this section must include:
704	704	(1) a description of the prevention and early
705	705	intervention [parenting education] programs and practices
706	706	implemented and of the models associated with the programs and
707	707	practices;
708	708	(2) information on the families served by the programs
709	709	and practices, including:
710	710	(A) the number of families served and their
711	711	demographic information;
712	712	(B) whether parents abuse or neglect their
713	713	children while receiving services or during the three years after
714	714	receiving services;
715	715	(C) whether youth are referred to juvenile courts
716	716	while receiving services or after receiving services;
717	717	(D) whether, based on a validated survey before
718	718	and after receiving services, protective factors in parenting have
719	719	increased;
720	720	(E) whether programs and practices focused on
721	721	children younger than four years of age reduced the number of child
722	722	fatalities;
723	723	(F) whether the parents receiving services had
724	724	any previous involvement with child protective services; and
725	725	(G) other outcome measures the department
726	726	determines are appropriate based on the strategic plan for
727	727	prevention and early intervention under Section 265.005;
728	728	(3) the goals and achieved outcomes of the programs
729	729	and practices;
730	730	(4) information on the cost for each family served,
731	731	including any available third-party return-on-investment analysis;
732	732	and
733	733	(5) information on the expenditure of appropriations
734	734	for the biennium, including information explaining the percentage
735	735	of money spent on evidence-based programs and practices, on
736	736	promising [practice] programs and practices, and on
737	737	evidence-informed programs and practices.
738	738	(c) The department shall publish the report on the
739	739	department's Internet website.
740	740	SECTION 35. Chapter 53, Human Resources Code, is
741	741	transferred to Chapter 265, Family Code, redesignated as Subchapter
742	742	E, Chapter 265, Family Code, and amended to read as follows:
743	743	SUBCHAPTER E [CHAPTER 53]. PREVENTIVE SERVICES FOR VETERANS AND
744	744	MILITARY FAMILIES
745	745	Sec. 265.201 [53.001]. DEFINITION [DEFINITIONS]. In this
746	746	subchapter, "veteran" [chapter:
747	747	[(1) "Department" means the Department of Family and
748	748	Protective Services.
749	749	[(2) "Veteran"] means a person who has served in:
750	750	(A) the army, navy, air force, coast guard, or
751	751	marine corps of the United States;
752	752	(B) the state military forces as defined by
753	753	Section 431.001, Government Code; or
754	754	(C) an auxiliary service of one of those branches
755	755	of the armed forces.
756	756	Sec. 265.202 [53.002]. VETERANS AND MILITARY FAMILIES
757	757	PREVENTIVE SERVICES PROGRAM. (a) The department shall develop and
758	758	implement a preventive services program to serve veterans and
759	759	military families who have committed or experienced or who are at a
760	760	high risk of:
761	761	(1) family violence; or
762	762	(2) abuse or neglect.
763	763	(b) The program must:
764	764	(1) be designed to coordinate with community-based
765	765	organizations to provide prevention services;
766	766	(2) include a prevention component and an early
767	767	intervention component;
768	768	(3) include collaboration with services for child
769	769	welfare, services for early childhood education, and other child
770	770	and family services programs; and
771	771	(4) coordinate with the community collaboration
772	772	initiative developed under Subchapter I, Chapter 434, Government
773	773	Code, and committees formed by local communities as part of that
774	774	initiative.
775	775	(c) The program must be established initially as a pilot
776	776	program in areas of the state in which the department considers the
777	777	implementation practicable. The department shall evaluate the
778	778	outcomes of the pilot program and ensure that the program is
779	779	producing positive results before implementing the program
780	780	throughout the state.
781	781	(d) In even-numbered years, the [The] department shall
782	782	evaluate the program and prepare a [an annual] report on the
783	783	outcomes of the program. The department shall publish the report on
784	784	the department's Internet website. The department may combine the
785	785	report required by this section with the report required by Section
786	786	265.154.
787	787	SECTION 36. Sections 191.0048(a), (b), and (d), Health and
788	788	Safety Code, are amended to read as follows:
789	789	(a) A person requesting a copy or certified copy of a birth,
790	790	marriage, or divorce record may make a voluntary contribution of $5
791	791	to promote healthy early childhood by supporting the Texas Home
792	792	Visiting Program administered by the prevention and early
793	793	intervention services division within [Office of Early Childhood
794	794	Coordination of] the Department of Family and Protective [Health
795	795	and Human] Services [Commission].
796	796	(b) On each paper or electronic application form for a copy
797	797	or certified copy of a birth, marriage, or divorce record, the
798	798	department shall include a printed box for the applicant to check
799	799	indicating that the applicant wishes to make a voluntary
800	800	contribution of $5 to promote healthy early childhood by supporting
801	801	the Texas Home Visiting Program administered by the prevention and
802	802	early intervention services division within [Office of Early
803	803	Childhood Coordination of] the Department of Family and Protective
804	804	[Health and Human] Services [Commission].
805	805	(d) Notwithstanding Section 191.005, the local registrar or
806	806	county clerk who collects the voluntary contribution under this
807	807	section shall send the voluntary contribution to the comptroller,
808	808	who shall deposit the voluntary contribution in the Texas Home
809	809	Visiting Program trust fund under Section 265.0551 [531.287],
810	810	Family [Government] Code.
811	811	SECTION 37. Section 118.018(c), Local Government Code, is
812	812	amended to read as follows:
813	813	(c) A person applying for a marriage license may make a
814	814	voluntary contribution of $5 to promote healthy early childhood by
815	815	supporting the Texas Home Visiting Program administered by the
816	816	prevention and early intervention services division within [Office
817	817	of Early Childhood Coordination of] the Department of Family and
818	818	Protective [Health and Human] Services [Commission]. A county
819	819	clerk shall collect the additional voluntary contribution under
820	820	this section.
821	821	SECTION 38. Sections 118.022(a) and (d), Local Government
822	822	Code, are amended to read as follows:
823	823	(a) If the county clerk collects a fee for issuing a
824	824	marriage license, the county clerk shall deposit, as provided by
825	825	Subchapter B, Chapter 133:
826	826	(1) $20 of each fee collected for issuing a marriage
827	827	license or $12.50 of each fee for recording a declaration of
828	828	informal marriage to be sent to the comptroller and deposited as
829	829	provided by Subsection (b);
830	830	(2) $10 of each fee collected for issuing a marriage
831	831	license to be sent to the comptroller and deposited as provided by
832	832	Subsection (c); and
833	833	(3) if applicable, the $5 voluntary contribution
834	834	collected to promote healthy early childhood by supporting the
835	835	Texas Home Visiting Program administered by the prevention and
836	836	early intervention services division within [Office of Early
837	837	Childhood Coordination of] the Department of Family and Protective
838	838	[Health and Human] Services [Commission] to be sent to the
839	839	comptroller and deposited as provided by Subsection (d).
840	840	(d) The comptroller shall deposit the money received under
841	841	Subsection (a)(3) in the Texas Home Visiting Program trust fund
842	842	under Section 265.0551 [531.287], Family [Government] Code.
843	843	SECTION 39. The following provisions are repealed:
844	844	(1) Section 264.204, Family Code;
845	845	(2) Subchapter D, Chapter 264, Family Code;
846	846	(3) Sections 265.101(1), 265.104, 265.107, and
847	847	265.110, Family Code; and
848	848	(4) Sections 531.983, 531.984, 531.985, 531.986,
849	849	531.9871, and 531.988, Government Code.
850	850	SECTION 40. This Act takes effect September 1, 2019.