LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION May 10, 2021 TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3041 by Frank (Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.), As Engrossed Estimated Two-year Net Impact to General Revenue Related Funds for HB3041, As Engrossed : a negative impact of ($3,476,129) through the biennium ending August 31, 2023. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2022($1,236,487)2023($2,239,642)2024($2,239,642)2025($2,239,642)2026($2,239,642)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromGR Match For Medicaid758 Probable Savings/(Cost) fromFederal Funds555 Change in Number of State Employees from FY 20212022($1,222,899)($13,588)($122,290)4.02023($2,215,031)($24,611)($221,503)6.02024($2,215,031)($24,611)($221,503)6.02025($2,215,031)($24,611)($221,503)6.02026($2,215,031)($24,611)($221,503)6.0 Fiscal AnalysisThe bill would require the Department of Family and Protective Services (DFPS) to establish a pilot program to dispose of an investigation by referring a family of a foster care candidate to family preservation services and allowing the child to return home instead of entering foster care or by providing services to a child who is pregnant or is a parent. DFPS would be allowed to obtain a court order to compel the family to participate in prevention services and file a suit to request the family to participate. DFPS would be required to submit reports to the legislature on the progress of the pilot program.The bill would require that a court hear the suit within 14 days after the filling and if the court finds evidence of abuse or neglect or if the court finds family preservation services are appropriate, DFPS must develop a family preservation services plan. The bill would also require courts to identify a method of financing for services, and local jurisdiction that will pay for services, if they are not approved under the federal Family First Prevention Services Act (FFPSA).
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
May 10, 2021
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3041 by Frank (Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.), As Engrossed
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3041 by Frank (Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.), As Engrossed
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3041 by Frank (Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.), As Engrossed
HB3041 by Frank (Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.), As Engrossed
Estimated Two-year Net Impact to General Revenue Related Funds for HB3041, As Engrossed : a negative impact of ($3,476,129) through the biennium ending August 31, 2023. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for HB3041, As Engrossed : a negative impact of ($3,476,129) through the biennium ending August 31, 2023. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five- Year Impact:
2022 ($1,236,487)
2023 ($2,239,642)
2024 ($2,239,642)
2025 ($2,239,642)
2026 ($2,239,642)
All Funds, Five-Year Impact:
2022 ($1,222,899) ($13,588) ($122,290) 4.0
2023 ($2,215,031) ($24,611) ($221,503) 6.0
2024 ($2,215,031) ($24,611) ($221,503) 6.0
2025 ($2,215,031) ($24,611) ($221,503) 6.0
2026 ($2,215,031) ($24,611) ($221,503) 6.0
Fiscal Analysis
The bill would require the Department of Family and Protective Services (DFPS) to establish a pilot program to dispose of an investigation by referring a family of a foster care candidate to family preservation services and allowing the child to return home instead of entering foster care or by providing services to a child who is pregnant or is a parent. DFPS would be allowed to obtain a court order to compel the family to participate in prevention services and file a suit to request the family to participate. DFPS would be required to submit reports to the legislature on the progress of the pilot program.The bill would require that a court hear the suit within 14 days after the filling and if the court finds evidence of abuse or neglect or if the court finds family preservation services are appropriate, DFPS must develop a family preservation services plan. The bill would also require courts to identify a method of financing for services, and local jurisdiction that will pay for services, if they are not approved under the federal Family First Prevention Services Act (FFPSA).
Methodology
This analysis assumes there would be two pilots, one for the rural areas of the state and one for urban areas in which Community-based Care is implemented. This analysis assumes a six month ramp-up period for DFPS to establish the pilots, hire staff and develop prevention service plans. Therefore, 58.0 families in rural areas and 230.0 families in urban areas would be served in the pilot in fiscal year 2022. In each subsequent year, 115.0 families in rural areas and 460.0 families in urban areas would be served. The cost per family to receive services for approved programs under the Family First Prevention Services is assumed to be $3,547 per year. This analysis assumes 1.0 Program Specialist III Full-time Equivalent (FTE) in each fiscal year to oversee contractual requirements and provide fiscal management as well as 1.0 Program Specialist V FTE in each fiscal year to provide implementation support and programmatic oversight. In addition, to support an assumed increase in court action associated with cases, this analysis assumes the need for 1.0 Attorney III FTEs and 1.0 Legal Assistant II FTEs in fiscal year 2022 and 2.0 Attorney III FTEs and 2.0 Legal Assistant II FTEs in each subsequent year. This analysis assumes that any other costs associated to implementing the provisions of the bill could be absorbed within existing resources.
This analysis assumes 1.0 Program Specialist III Full-time Equivalent (FTE) in each fiscal year to oversee contractual requirements and provide fiscal management as well as 1.0 Program Specialist V FTE in each fiscal year to provide implementation support and programmatic oversight. In addition, to support an assumed increase in court action associated with cases, this analysis assumes the need for 1.0 Attorney III FTEs and 1.0 Legal Assistant II FTEs in fiscal year 2022 and 2.0 Attorney III FTEs and 2.0 Legal Assistant II FTEs in each subsequent year.
This analysis assumes that any other costs associated to implementing the provisions of the bill could be absorbed within existing resources.
This analysis assumes that any other costs associated to implementing the provisions of the bill could be absorbed within existing resources.
Local Government Impact
Based on information from DFPS, this analysis assumes local government entities may incur costs associated with additional court cases and costs associated with the provision of any court-ordered non-FFPSA services but the cost cannot be determined at this time.
Source Agencies: b > td > 212 Office of Court Admin, 529 Hlth & Human Svcs Comm, 530 Family & Protective Services
212 Office of Court Admin, 529 Hlth & Human Svcs Comm, 530 Family & Protective Services
LBB Staff: b > td > JMc, AKI, JLI, AN
JMc, AKI, JLI, AN