Texas 2021 - 87th Regular

Texas House Bill HB3691 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Frank, Gates, Minjarez H.B. No. 3691
2		-	(Senate Sponsor - Kolkhorst)
3		-	(In the Senate - Received from the House May 17, 2021;
4		-	May 17, 2021, read first time and referred to Committee on Health &
5		-	Human Services; May 21, 2021, reported favorably by the following
6		-	vote: Yeas 9, Nays 0; May 21, 2021, sent to printer.)
7		-	Click here to see the committee vote
	1	+	87R19707 MCK-F
	2	+	By: Frank, Minjarez, Gates H.B. No. 3691
8	3
9	4
10	5		A BILL TO BE ENTITLED
11	6		AN ACT
12	7		relating to the statewide implementation of community-based foster
13	8		care by the Department of Family and Protective Services.
14	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	10		SECTION 1. Section 264.151, Family Code, is amended to read
16	11		as follows:
17	12		Sec. 264.151. LEGISLATIVE INTENT. (a) It is the intent of
18	13		the legislature that the department contract with community-based
19	14		nonprofit and local governmental entities that have the ability to
20	15		provide child welfare services. The services provided by the
21	16		entities must include direct case management to prevent entry into
22	17		substitute care, reunify and preserve families, and ensure child
23	18		safety, permanency, and well-being, in accordance with state and
24	19		federal child welfare goals.
25	20		(b) It is the intent of the legislature that the provision
26	21		of community-based care for children be implemented with measurable
27	22		goals relating to:
28	23		(1) the safety of children in placements;
29	24		(2) the placement of children in each child's home
30	25		community;
31	26		(3) the provision of services to children in the least
32	27		restrictive environment possible and with [, if possible, in a
33	28		family home environment;
34	29		[(4)] minimal placement changes [for children];
35	30		(4) the reduction of the time a child is in the
36	31		conservatorship of the department and placed in substitute care;
37	32		(5) the maintenance of contact between children and
38	33		their families and other important persons;
39	34		(6) the placement of children with siblings, when
40	35		possible;
41	36		(7) the provision of services that respect each
42	37		child's culture;
43	38		(8) the preparation of children and youth in foster
44	39		care for adulthood;
45	40		(9) the provision of opportunities, experiences, and
46	41		activities for children and youth in foster care that are available
47	42		to children and youth who are not in foster care;
48	43		(10) the participation by children and youth in making
49	44		decisions relating to their own lives;
50	45		(11) the reunification of children with the biological
51	46		parents of the children when possible; [and]
52	47		(12) the promotion of the placement of children with
53	48		relative or kinship caregivers if reunification is not possible;
54	49		and
55	50		(13) the preservation of families to avoid placing
56	51		children in foster care.
57	52		SECTION 2. Section 264.152, Family Code, is amended by
58	53		amending Subdivisions (2) and (4) and adding Subdivisions (5), (6),
59	54		(7), and (8) to read as follows:
60	55		(2) "Case management" means the provision of case
61	56		management services to a child for whom the department has been
62	57		appointed temporary or permanent managing conservator or to the
63	58		child's family, a young adult in extended foster care, a relative or
64	59		kinship caregiver, or a child who has been placed in the catchment
65	60		area through the Interstate Compact on the Placement of Children,
66	61		and includes:
67	62		(A) caseworker visits with the child;
68	63		(B) family and caregiver visits;
69	64		(C) convening and conducting permanency planning
70	65		meetings;
71	66		(D) the development and revision of child and
72	67		family plans of service, including a permanency plan and goals for a
73	68		child or young adult in care;
74	69		(E) the coordination and monitoring of services
75	70		required by the child and the child's family;
76	71		(F) the assumption of court-related duties
77	72		regarding the child, including:
78	73		(i) providing any required notifications or
79	74		consultations;
80	75		(ii) preparing court reports;
81	76		(iii) attending judicial and permanency
82	77		hearings, trials, and mediations;
83	78		(iv) complying with applicable court
84	79		orders; and
85	80		(v) ensuring the child is progressing
86	81		toward the goal of permanency within state and federally mandated
87	82		guidelines; [and]
88	83		(G) the placement of children in the
89	84		conservatorship of the department with relative or kinship
90	85		caregivers as described by Section 264.107 and the monitoring of
91	86		those placements; and
92	87		(H) any other function or service that the
93	88		department determines or a single source continuum contractor
94	89		proposes is necessary to allow the [a single source continuum]
95	90		contractor to assume responsibility for case management under the
96	91		terms of a contract executed by the department and the contractor.
97	92		(4) "Community-based care" means the provision of
98	93		child welfare services in accordance with state and federal child
99	94		welfare goals by a community-based nonprofit or a local
100	95		governmental entity under a contract that includes direct case
101	96		management to:
102	97		(A) prevent entry into foster care;
103	98		(B) reunify and preserve families;
104	99		(C) ensure child safety, permanency, and
105	100		well-being; and
106	101		(D) reduce future referrals of children or
107	102		parents to the department [foster care redesign required by Chapter
108	103		598 (S.B. 218), Acts of the 82nd Legislature, Regular Session,
109	104		2011, as designed and implemented in accordance with the plan
110	105		required by Section 264.153].
111	106		(5) "Child who is a candidate for foster care" means a
112	107		child who is at imminent risk of being removed from the child's home
113	108		and placed into the conservatorship of the department because of a
114	109		continuing danger to the child's physical health or safety caused
115	110		by an act or failure to act of a person entitled to possession of the
116	111		child but for whom a court of competent jurisdiction has issued an
117	112		order allowing the child to remain safely in the child's home or in
118	113		a kinship placement with the provision of family preservation
119	114		services.
120	115		(6) "Family preservation service" means a
121	116		time-limited, family-focused service, including a service subject
122	117		to the Family First Prevention Services Act (Title VII, Div. E, Pub.
123	118		L. No. 115-123), provided to the family of a child who is:
124	119		(A) a candidate for foster care to prevent or
125	120		eliminate the need to remove the child and to allow the child to
126	121		remain safely with the child's family; or
127	122		(B) a pregnant or parenting foster youth.
128	123		(7) "Family preservation services plan" means a
129	124		written plan, based on a professional assessment, listing the
130	125		family preservation services, including services subject to the
131	126		Family First Prevention Services Act (Title VII, Div. E, Pub. L. No.
132	127		115-123), to be provided to the family of a child who is:
133	128		(A) a candidate for foster care; or
134	129		(B) a pregnant or parenting foster youth.
135	130		(8) "Foster care services" means substitute care as
136	131		defined by Section 263.001 and includes the assessment and referral
137	132		of children into a residential placement outside the child's home
138	133		and the assessment and referral of a child for adoption.
139	134		SECTION 3. Section 264.153, Family Code, is amended to read
140	135		as follows:
141	136		Sec. 264.153. COMMUNITY-BASED CARE IMPLEMENTATION PLAN.
142	137		(a) The department shall develop and maintain a plan for
143	138		implementing community-based care. The plan must:
144	139		(1) define [describe] the department's expectations,
145	140		goals, and statewide strategic plan for [approach to] implementing
146	141		community-based care and the method the department uses to
147	142		determine the cost of implementing community-based care, including
148	143		the department resources used to provide community-based care;
149	144		(2) include a timeline for implementing
150	145		community-based care throughout this state, the specific order and
151	146		rationale for implementing community-based care in the catchment
152	147		areas of this state where community-based care will expand, any
153	148		limitations related to the implementation, and a progressive
154	149		intervention plan and a contingency plan to provide continuity of
155	150		the delivery of foster care services and services for relative and
156	151		kinship caregivers if a contract with a single source continuum
157	152		contractor ends prematurely;
158	153		(3) delineate and define the case management roles and
159	154		responsibilities of the department and the department's
160	155		contractors, [and] the duties, employees, and related funding that
161	156		will be transferred to the contractor by the department, and the
162	157		method for determining the state-level and catchment-level
163	158		resources to be transferred;
164	159		(4) identify any training needs and include long-range
165	160		and continuous plans for training and cross-training staff,
166	161		including plans to train caseworkers using the standardized
167	162		curriculum created by the human trafficking prevention task force
168	163		under Section 402.035(d)(6), Government Code, as that section
169	164		existed on August 31, 2017;
170	165		(5) include a plan for evaluating the costs of and
171	166		tasks associated with each contract procurement, including the
172	167		initial and ongoing contract costs for the department and
173	168		contractor;
174	169		(6) include [the department's contract monitoring
175	170		approach and] a detailed plan that describes the department's
176	171		method of monitoring contracts and includes an evaluation of each
177	172		contractor conducted by an entity based in this state independent
178	173		of the department that:
179	174		(A) assesses the effectiveness of the transfer of
180	175		responsibilities to each contractor;
181	176		(B) measures [for evaluating] the performance
182	177		and contract outcomes of each contractor; and
183	178		(C) compares the outcomes in the contractor's
184	179		catchment area to the outcomes in:
185	180		(i) that same catchment area before
186	181		community-based care was implemented;
187	182		(ii) other catchment areas in which
188	183		community-based care has been implemented; and
189	184		(iii) other department regions in which the
190	185		department is providing services [system as a whole that includes
191	186		an independent evaluation of each contractor's processes and fiscal
192	187		and qualitative outcomes]; [and]
193	188		(7) include a report on [transition] issues that
194	189		impede transition to community-based care;
195	190		(8) include an evaluation of each contractor's
196	191		processes and fiscal and qualitative outcomes concerning the
197	192		children and families in its care conducted by an entity based in
198	193		this state that is independent of the department and has
199	194		demonstrated expertise in statistical, financial, actuarial,
200	195		logistical, and operational analysis;
201	196		(9) require the department to transmit immediately on
202	197		receipt all reports and evaluations required under this subsection
203	198		immediately to the relevant standing committees of the legislature
204	199		and the office of the governor; and
205	200		(10) include a specific implementation plan for each
206	201		catchment area identified for expansion of community-based care
207	202		that includes a timeline for the transfer of services as described
208	203		by Section 264.155 developed after consulting with local
209	204		stakeholders, as appropriate, including stakeholders listed in
210	205		Section 264.155(a)(8) and other stakeholders identified as
211	206		significant in a particular catchment area [resulting from
212	207		implementation of community-based care].
213	208		(b) Not later than August 31 each year, the [The] department
214	209		shall [annually]:
215	210		(1) update the implementation plan developed under
216	211		this section and post the updated plan on the department's Internet
217	212		website; and
218	213		(2) provide a copy of the plan to the governor,
219	214		lieutenant governor, speaker of the house of representatives, and
220	215		presiding officer of each standing committee of the legislature
221	216		with jurisdiction over matters involving the department [post on
222	217		the department's Internet website the progress the department has
223	218		made toward its goals for implementing community-based care].
224	219		SECTION 4. Section 264.154, Family Code, is amended by
225	220		amending Subsection (a) and adding Subsection (c) to read as
226	221		follows:
227	222		(a) To enter into a contract with the commission or
228	223		department to serve as a single source continuum contractor to
229	224		provide services under this subchapter [foster care service
230	225		delivery], an entity must be:
231	226		(1) a nonprofit entity that has:
232	227		(A) an organizational mission focused on child
233	228		welfare; and
234	229		(B) a majority of the entity's board members
235	230		residing in this state; or
236	231		(2) a governmental entity.
237	232		(c) The department shall request local stakeholders in a
238	233		catchment area, including those listed in Section 264.155(a)(8), to
239	234		provide any necessary information about the catchment area that
240	235		will assist the department in:
241	236		(1) preparing the department's request for bids,
242	237		proposals, or other applicable expressions of interest to provide
243	238		community-based care in the catchment area; and
244	239		(2) selecting a single source continuum contractor to
245	240		provide community-based care in the catchment area.
246	241		SECTION 5. Section 264.155, Family Code, is amended to read
247	242		as follows:
248	243		Sec. 264.155. REQUIRED CONTRACT PROVISIONS. (a) A
249	244		contract with a single source continuum contractor to provide
250	245		[community-based care] services under this subchapter in a
251	246		catchment area must include provisions that:
252	247		(1) establish a timeline for the implementation of
253	248		community-based care in the catchment area, including a timeline
254	249		for implementing:
255	250		(A) case management services for children,
256	251		families, and relative and kinship caregivers receiving services in
257	252		the catchment area; [and]
258	253		(B) family reunification support services to be
259	254		provided after a child receiving services from the contractor is
260	255		returned to the child's family; and
261	256		(C) family preservation services;
262	257		(2) establish conditions for the single source
263	258		continuum contractor's access to [relevant] department data and
264	259		require the participation of the contractor in the data access and
265	260		standards governance council created under Section 264.159;
266	261		(3) require the single source continuum contractor to
267	262		create a single process for the training and use of alternative
268	263		caregivers for all child-placing agencies in the catchment area to
269	264		facilitate reciprocity of licenses for alternative caregivers
270	265		between agencies, including respite and overnight care providers,
271	266		as those terms are defined by department rule;
272	267		(4) require the single source continuum contractor to
273	268		maintain a diverse network of service providers that offer a range
274	269		of foster capacity options and that can accommodate children from
275	270		diverse cultural backgrounds;
276	271		(5) allow the department to conduct a performance
277	272		review of the contractor beginning 18 months after the contractor
278	273		has begun providing case management and family reunification
279	274		support services to all children and families in the catchment area
280	275		and determine if the contractor has achieved any performance
281	276		outcomes specified in the contract;
282	277		(6) following the review under Subdivision (5), allow
283	278		the department to:
284	279		(A) impose financial penalties on the contractor
285	280		for failing to meet any specified performance outcomes; or
286	281		(B) award financial incentives to the contractor
287	282		for exceeding any specified performance outcomes;
288	283		(7) require the contractor to give preference for
289	284		employment to employees of the department:
290	285		(A) whose position at the department is impacted
291	286		by the implementation of community-based care; and
292	287		(B) who are considered by the department to be
293	288		employees in good standing;
294	289		(8) require the contractor to provide preliminary and
295	290		ongoing community engagement plans to ensure communication and
296	291		collaboration with local stakeholders in the catchment area,
297	292		including any of the following:
298	293		(A) community faith-based entities;
299	294		(B) the judiciary;
300	295		(C) court-appointed special advocates;
301	296		(D) child advocacy centers;
302	297		(E) service providers;
303	298		(F) foster families;
304	299		(G) biological parents;
305	300		(H) foster youth and former foster youth;
306	301		(I) relative or kinship caregivers;
307	302		(J) child welfare boards, if applicable;
308	303		(K) attorneys ad litem;
309	304		(L) attorneys that represent parents involved in
310	305		suits filed by the department; and
311	306		(M) any other stakeholders, as determined by the
312	307		contractor; [and]
313	308		(9) require that the contractor comply with any
314	309		applicable court order issued by a court of competent jurisdiction
315	310		in the case of a child for whom the contractor has assumed case
316	311		management responsibilities or an order imposing a requirement on
317	312		the department that relates to functions assumed by the contractor;
318	313		(10) identify the employees and other resources to be
319	314		transferred to the contractor for the purpose of providing
320	315		necessary implementation, case management, operational, and
321	316		administrative functions and outline the methodology for
322	317		determining the resources to be transferred;
323	318		(11) create a risk-sharing funding model that
324	319		strategically and explicitly balances financial risk between the
325	320		state and the contractor and mitigates the financial effects of
326	321		significant unforeseen changes in the contractor's duties and
327	322		responsibilities or its contract population; and
328	323		(12) require the annual review and adjustment of the
329	324		funding based on updated cost and finance methodologies, including
330	325		changes in policy, foster care rates, and regional service usage.
331	326		(b) A contract with a single source continuum contractor
332	327		under this subchapter must be consistent with the requirements of
333	328		applicable law and may only include terms authorized by the laws or
334	329		rules of this state.
335	330		(c) In regions identified for implementing community-based
336	331		care and in regions where community-based care has been
337	332		implemented, a contractor may apply to the department for a waiver
338	333		from any statutory and regulatory requirement to increase
339	334		innovation and flexibility for achieving contractual performance
340	335		outcomes.
341	336		SECTION 6. Sections 264.156(a), (b), and (d), Family Code,
342	337		are amended to read as follows:
343	338		(a) The department shall develop and apply standard
344	339		criteria [a formal review process] to assess the ability of a single
345	340		source continuum contractor to satisfy the responsibilities and
346	341		administrative requirements of delivering services under this
347	342		subchapter [foster care services and services for relative and
348	343		kinship caregivers], including the contractor's ability to
349	344		provide:
350	345		(1) case management services for children and
351	346		families;
352	347		(2) evidence-based, promising practice, or
353	348		evidence-informed services [supports] for children and families;
354	349		and
355	350		(3) sufficient available capacity for inpatient and
356	351		outpatient services and supports for children at all service levels
357	352		who have previously been placed in the catchment area.
358	353		(b) As part of the readiness review process, the single
359	354		source continuum contractor must prepare a report that defines:
360	355		(1) the practice model and process the contractor will
361	356		use to meet contractual performance outcomes and requirements; and
362	357		(2) the methods the contractor will use to eliminate
363	358		conflicts of interest, including financial incentives for a single
364	359		source continuum contractor that refers a child for foster care
365	360		services to itself or to a subcontractor in which that contractor
366	361		has a majority financial stake [plan detailing the methods by which
367	362		the contractor will avoid or eliminate conflicts of interest. The
368	363		department may not transfer services to the contractor until the
369	364		department has determined the plan is adequate].
370	365		(d) If after conducting the review process developed under
371	366		Subsection (a) the department determines that a single source
372	367		continuum contractor is able to adequately deliver services
373	368		described by this subchapter [foster care services and services for
374	369		relative and kinship caregivers] in advance of the projected dates
375	370		stated in the timeline included in the contract with the
376	371		contractor, the department may adjust the timeline to allow for an
377	372		earlier transition of service delivery to the contractor.
378	373		SECTION 7. Sections 264.157(a), (b), and (c), Family Code,
379	374		are amended to read as follows:
380	375		(a) Not later than the last day of the state fiscal biennium
381	376		[December 31, 2019], the department shall:
382	377		(1) identify the [not more than eight] catchment areas
383	378		in the state where the department will implement [that are best
384	379		suited to implement] community-based care; and
385	380		(2) following the implementation of community-based
386	381		care services in those catchment areas, retain an entity based in
387	382		this state that is independent of the department to conduct an
388	383		evaluation of [evaluate] the implementation process and the single
389	384		source continuum contractor performance in each catchment area.
390	385		(b) Notwithstanding the process for the expansion of
391	386		community-based care described in Subsection (a), [and in
392	387		accordance with the community-based care implementation plan
393	388		developed under Section 264.153, beginning September 1, 2017,] the
394	389		department shall accept and evaluate unsolicited proposals [begin
395	390		accepting applications] from entities based in this state to
396	391		provide community-based care services in a geographic service
397	392		[designated catchment] area where the department has not
398	393		implemented community-based care. An entity that submits a proposal
399	394		to provide community-based care services must ensure that it meets
400	395		all criteria outlined by this subchapter and must demonstrate
401	396		established connections to the area the entity proposes to
402	397		serve. The Health and Human Services Commission in conjunction with
403	398		the department shall adopt rules to ensure that proposals submitted
404	399		under this subsection comply with state procurement laws and rules.
405	400		(c) In expanding community-based care, the department may
406	401		change the geographic boundaries of catchment areas as necessary to
407	402		align with specific communities or to enable satisfactory
408	403		unsolicited proposals for community-based care services to be
409	404		accepted and implemented.
410	405		SECTION 8. The heading to Section 264.158, Family Code, is
411	406		amended to read as follows:
412	407		Sec. 264.158. TRANSFER OF [CASE MANAGEMENT] SERVICES TO
413	408		SINGLE SOURCE CONTINUUM CONTRACTOR.
414	409		SECTION 9. Section 264.158, Family Code, is amended by
415	410		amending Subsection (a) and adding Subsection (d) to read as
416	411		follows:
417	412		(a) In each [initial] catchment area where community-based
418	413		care has been implemented or a contract with a single source
419	414		continuum contractor has been executed [before September 1, 2017],
420	415		the department shall transfer to the single source continuum
421	416		contractor [providing foster care services in that area]:
422	417		(1) the case management of children, relative and
423	418		kinship caregivers, and families receiving services from that
424	419		contractor; [and]
425	420		(2) foster care services; and
426	421		(3) family preservation services [family
427	422		reunification support services to be provided after a child
428	423		receiving services from the contractor is returned to the child's
429	424		family for the period of time ordered by the court].
430	425		(d) A single source continuum contractor may implement its
431	426		own procedures to execute the department's statutory duties the
432	427		contractor assumes and is not required to follow the department's
433	428		procedures to execute the department duties the contractor assumes.
434	429		SECTION 10. Section 264.159, Family Code, is amended to
435	430		read as follows:
436	431		Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.
437	432		(a) The department shall create a data access and standards
438	433		governance council to develop protocols for the interoperable
439	434		electronic transfer of data from single source continuum
440	435		contractors to the department to allow the contractors to perform
441	436		case management functions and additional contracted services by the
442	437		department.
443	438		(b) The council shall develop protocols for the access,
444	439		management, and security of case data that is electronically shared
445	440		between [by] a single source continuum contractor and [with] the
446	441		department.
447	442		(c) The council shall develop protocols for the access,
448	443		management, and security of data shared with an independent entity
449	444		retained to conduct the independent evaluations required under this
450	445		subchapter. The protocols shall ensure the entity has full,
451	446		unrestricted access to all relevant data necessary to perform an
452	447		evaluation.
453	448		(d) The council consists of single source continuum
454	449		contractors with active contracts and department employees who
455	450		provide data, legal, information technology, and child protective
456	451		services. The council shall meet at least quarterly during each
457	452		calendar year.
458	453		SECTION 11. Section 264.161, Family Code, is amended to
459	454		read as follows:
460	455		Sec. 264.161. STATUTORY DUTIES ASSUMED BY CONTRACTOR.
461	456		Except as provided by Section 264.163, a single source continuum
462	457		contractor providing the services described by this subchapter
463	458		[foster care services and services for relative and kinship
464	459		caregivers] in a catchment area must, either directly or through
465	460		subcontractors, assume the statutory duties of the department in
466	461		connection with the delivery of [foster care] services [and
467	462		services for relative and kinship caregivers] in that catchment
468	463		area. The department shall enumerate in its contract with a single
469	464		source continuum contractor all duties the single source continuum
470	465		contractor will assume.
471	466		SECTION 12. Section 264.162, Family Code, is amended to
472	467		read as follows:
473	468		Sec. 264.162. REVIEW AND MONITORING OF CONTRACTOR
474	469		PERFORMANCE. (a) The department shall implement [develop] a
475	470		[formal review] process to monitor and evaluate a single source
476	471		continuum contractor's performance in achieving contract outcomes
477	472		[implementation of placement services and case management
478	473		services] in a catchment area.
479	474		(b) The contract performance outcomes specified in a
480	475		contract under this subchapter must be consistent with the purposes
481	476		described by Section 264.151. The contract must allow the
482	477		contractor operational discretion in meeting performance outcomes.
483	478		(c) The department shall regularly report on the
484	479		department's and each single source continuum contractor's
485	480		performance in providing services based on the performance outcomes
486	481		described by Subsection (b). The report must:
487	482		(1) be readily accessible to and understandable by a
488	483		member of the public and include the following information:
489	484		(A) a comparison of the single source continuum
490	485		contractor's performance in a catchment area with the department's
491	486		performance in that same area during the 10 years preceding the date
492	487		the contractor began providing services in the area; and
493	488		(B) a comparison of the performances of service
494	489		providers for each region of this state for the time covered by the
495	490		report;
496	491		(2) include information provided by single source
497	492		continuum contractors;
498	493		(3) to the greatest extent feasible, be prepared using
499	494		existing data sources and department resources; and
500	495		(4) be published on the schedule determined
501	496		appropriate by the department but not less than annually.
502	497		(d) The contract must clearly define the manner in which the
503	498		contractor's performance will be measured and identify the
504	499		information sources the department and, if applicable, the
505	500		independent evaluator will use to evaluate the performance.
506	501		SECTION 13. Section 264.156(c), Family Code, is repealed.
507	502		SECTION 14. Not later than October 1, 2022, the Department
508	503		of Family and Protective Services shall publish the initial report
509	504		required by Section 264.162(c), Family Code, as added by this Act.
510	505		SECTION 15. The changes in law made by this Act apply only
511	506		to a contract for foster care services entered into or renewed on or
512	507		after the effective date of this Act.
513	508		SECTION 16. This Act takes effect September 1, 2021.
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