By: Frank, Gates, Minjarez H.B. No. 3691
(Senate Sponsor - Kolkhorst)
(In the Senate - Received from the House May 17, 2021;
May 17, 2021, read first time and referred to Committee on Health &
Human Services; May 21, 2021, reported favorably by the following
vote: Yeas 9, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the statewide implementation of community-based foster
care by the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.151, Family Code, is amended to read
as follows:
Sec. 264.151. LEGISLATIVE INTENT. (a) It is the intent of
the legislature that the department contract with community-based
nonprofit and local governmental entities that have the ability to
provide child welfare services. The services provided by the
entities must include direct case management to prevent entry into
substitute care, reunify and preserve families, and ensure child
safety, permanency, and well-being, in accordance with state and
federal child welfare goals.
(b) It is the intent of the legislature that the provision
of community-based care for children be implemented with measurable
goals relating to:
(1) the safety of children in placements;
(2) the placement of children in each child's home
community;
(3) the provision of services to children in the least
restrictive environment possible and with [, if possible, in a
family home environment;
[(4)] minimal placement changes [for children];
(4) the reduction of the time a child is in the
conservatorship of the department and placed in substitute care;
(5) the maintenance of contact between children and
their families and other important persons;
(6) the placement of children with siblings, when
possible;
(7) the provision of services that respect each
child's culture;
(8) the preparation of children and youth in foster
care for adulthood;
(9) the provision of opportunities, experiences, and
activities for children and youth in foster care that are available
to children and youth who are not in foster care;
(10) the participation by children and youth in making
decisions relating to their own lives;
(11) the reunification of children with the biological
parents of the children when possible; [and]
(12) the promotion of the placement of children with
relative or kinship caregivers if reunification is not possible;
and
(13) the preservation of families to avoid placing
children in foster care.
SECTION 2. Section 264.152, Family Code, is amended by
amending Subdivisions (2) and (4) and adding Subdivisions (5), (6),
(7), and (8) to read as follows:
(2) "Case management" means the provision of case
management services to a child for whom the department has been
appointed temporary or permanent managing conservator or to the
child's family, a young adult in extended foster care, a relative or
kinship caregiver, or a child who has been placed in the catchment
area through the Interstate Compact on the Placement of Children,
and includes:
(A) caseworker visits with the child;
(B) family and caregiver visits;
(C) convening and conducting permanency planning
meetings;
(D) the development and revision of child and
family plans of service, including a permanency plan and goals for a
child or young adult in care;
(E) the coordination and monitoring of services
required by the child and the child's family;
(F) the assumption of court-related duties
regarding the child, including:
(i) providing any required notifications or
consultations;
(ii) preparing court reports;
(iii) attending judicial and permanency
hearings, trials, and mediations;
(iv) complying with applicable court
orders; and
(v) ensuring the child is progressing
toward the goal of permanency within state and federally mandated
guidelines; [and]
(G) the placement of children in the
conservatorship of the department with relative or kinship
caregivers as described by Section 264.107 and the monitoring of
those placements; and
(H) any other function or service that the
department determines or a single source continuum contractor
proposes is necessary to allow the [a single source continuum]
contractor to assume responsibility for case management under the
terms of a contract executed by the department and the contractor.
(4) "Community-based care" means the provision of
child welfare services in accordance with state and federal child
welfare goals by a community-based nonprofit or a local
governmental entity under a contract that includes direct case
management to:
(A) prevent entry into foster care;
(B) reunify and preserve families;
(C) ensure child safety, permanency, and
well-being; and
(D) reduce future referrals of children or
parents to the department [foster care redesign required by Chapter
598 (S.B. 218), Acts of the 82nd Legislature, Regular Session,
2011, as designed and implemented in accordance with the plan
required by Section 264.153].
(5) "Child who is a candidate for foster care" means a
child who is at imminent risk of being removed from the child's home
and placed into the conservatorship of the department because of a
continuing danger to the child's physical health or safety caused
by an act or failure to act of a person entitled to possession of the
child but for whom a court of competent jurisdiction has issued an
order allowing the child to remain safely in the child's home or in
a kinship placement with the provision of family preservation
services.
(6) "Family preservation service" means a
time-limited, family-focused service, including a service subject
to the Family First Prevention Services Act (Title VII, Div. E, Pub.
L. No. 115-123), provided to the family of a child who is:
(A) a candidate for foster care to prevent or
eliminate the need to remove the child and to allow the child to
remain safely with the child's family; or
(B) a pregnant or parenting foster youth.
(7) "Family preservation services plan" means a
written plan, based on a professional assessment, listing the
family preservation services, including services subject to the
Family First Prevention Services Act (Title VII, Div. E, Pub. L. No.
115-123), to be provided to the family of a child who is:
(A) a candidate for foster care; or
(B) a pregnant or parenting foster youth.
(8) "Foster care services" means substitute care as
defined by Section 263.001 and includes the assessment and referral
of children into a residential placement outside the child's home
and the assessment and referral of a child for adoption.
SECTION 3. Section 264.153, Family Code, is amended to read
as follows:
Sec. 264.153. COMMUNITY-BASED CARE IMPLEMENTATION PLAN.
(a) The department shall develop and maintain a plan for
implementing community-based care. The plan must:
(1) define [describe] the department's expectations,
goals, and statewide strategic plan for [approach to] implementing
community-based care and the method the department uses to
determine the cost of implementing community-based care, including
the department resources used to provide community-based care;
(2) include a timeline for implementing
community-based care throughout this state, the specific order and
rationale for implementing community-based care in the catchment
areas of this state where community-based care will expand, any
limitations related to the implementation, and a progressive
intervention plan and a contingency plan to provide continuity of
the delivery of foster care services and services for relative and
kinship caregivers if a contract with a single source continuum
contractor ends prematurely;
(3) delineate and define the case management roles and
responsibilities of the department and the department's
contractors, [and] the duties, employees, and related funding that
will be transferred to the contractor by the department, and the
method for determining the state-level and catchment-level
resources to be transferred;
(4) identify any training needs and include long-range
and continuous plans for training and cross-training staff,
including plans to train caseworkers using the standardized
curriculum created by the human trafficking prevention task force
under Section 402.035(d)(6), Government Code, as that section
existed on August 31, 2017;
(5) include a plan for evaluating the costs of and
tasks associated with each contract procurement, including the
initial and ongoing contract costs for the department and
contractor;
(6) include [the department's contract monitoring
approach and] a detailed plan that describes the department's
method of monitoring contracts and includes an evaluation of each
contractor conducted by an entity based in this state independent
of the department that:
(A) assesses the effectiveness of the transfer of
responsibilities to each contractor;
(B) measures [for evaluating] the performance
and contract outcomes of each contractor; and
(C) compares the outcomes in the contractor's
catchment area to the outcomes in:
(i) that same catchment area before
community-based care was implemented;
(ii) other catchment areas in which
community-based care has been implemented; and
(iii) other department regions in which the
department is providing services [system as a whole that includes
an independent evaluation of each contractor's processes and fiscal
and qualitative outcomes]; [and]
(7) include a report on [transition] issues that
impede transition to community-based care;
(8) include an evaluation of each contractor's
processes and fiscal and qualitative outcomes concerning the
children and families in its care conducted by an entity based in
this state that is independent of the department and has
demonstrated expertise in statistical, financial, actuarial,
logistical, and operational analysis;
(9) require the department to transmit immediately on
receipt all reports and evaluations required under this subsection
immediately to the relevant standing committees of the legislature
and the office of the governor; and
(10) include a specific implementation plan for each
catchment area identified for expansion of community-based care
that includes a timeline for the transfer of services as described
by Section 264.155 developed after consulting with local
stakeholders, as appropriate, including stakeholders listed in
Section 264.155(a)(8) and other stakeholders identified as
significant in a particular catchment area [resulting from
implementation of community-based care].
(b) Not later than August 31 each year, the [The] department
shall [annually]:
(1) update the implementation plan developed under
this section and post the updated plan on the department's Internet
website; and
(2) provide a copy of the plan to the governor,
lieutenant governor, speaker of the house of representatives, and
presiding officer of each standing committee of the legislature
with jurisdiction over matters involving the department [post on
the department's Internet website the progress the department has
made toward its goals for implementing community-based care].
SECTION 4. Section 264.154, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) To enter into a contract with the commission or
department to serve as a single source continuum contractor to
provide services under this subchapter [foster care service
delivery], an entity must be:
(1) a nonprofit entity that has:
(A) an organizational mission focused on child
welfare; and
(B) a majority of the entity's board members
residing in this state; or
(2) a governmental entity.
(c) The department shall request local stakeholders in a
catchment area, including those listed in Section 264.155(a)(8), to
provide any necessary information about the catchment area that
will assist the department in:
(1) preparing the department's request for bids,
proposals, or other applicable expressions of interest to provide
community-based care in the catchment area; and
(2) selecting a single source continuum contractor to
provide community-based care in the catchment area.
SECTION 5. Section 264.155, Family Code, is amended to read
as follows:
Sec. 264.155. REQUIRED CONTRACT PROVISIONS. (a) A
contract with a single source continuum contractor to provide
[community-based care] services under this subchapter in a
catchment area must include provisions that:
(1) establish a timeline for the implementation of
community-based care in the catchment area, including a timeline
for implementing:
(A) case management services for children,
families, and relative and kinship caregivers receiving services in
the catchment area; [and]
(B) family reunification support services to be
provided after a child receiving services from the contractor is
returned to the child's family; and
(C) family preservation services;
(2) establish conditions for the single source
continuum contractor's access to [relevant] department data and
require the participation of the contractor in the data access and
standards governance council created under Section 264.159;
(3) require the single source continuum contractor to
create a single process for the training and use of alternative
caregivers for all child-placing agencies in the catchment area to
facilitate reciprocity of licenses for alternative caregivers
between agencies, including respite and overnight care providers,
as those terms are defined by department rule;
(4) require the single source continuum contractor to
maintain a diverse network of service providers that offer a range
of foster capacity options and that can accommodate children from
diverse cultural backgrounds;
(5) allow the department to conduct a performance
review of the contractor beginning 18 months after the contractor
has begun providing case management and family reunification
support services to all children and families in the catchment area
and determine if the contractor has achieved any performance
outcomes specified in the contract;
(6) following the review under Subdivision (5), allow
the department to:
(A) impose financial penalties on the contractor
for failing to meet any specified performance outcomes; or
(B) award financial incentives to the contractor
for exceeding any specified performance outcomes;
(7) require the contractor to give preference for
employment to employees of the department:
(A) whose position at the department is impacted
by the implementation of community-based care; and
(B) who are considered by the department to be
employees in good standing;
(8) require the contractor to provide preliminary and
ongoing community engagement plans to ensure communication and
collaboration with local stakeholders in the catchment area,
including any of the following:
(A) community faith-based entities;
(B) the judiciary;
(C) court-appointed special advocates;
(D) child advocacy centers;
(E) service providers;
(F) foster families;
(G) biological parents;
(H) foster youth and former foster youth;
(I) relative or kinship caregivers;
(J) child welfare boards, if applicable;
(K) attorneys ad litem;
(L) attorneys that represent parents involved in
suits filed by the department; and
(M) any other stakeholders, as determined by the
contractor; [and]
(9) require that the contractor comply with any
applicable court order issued by a court of competent jurisdiction
in the case of a child for whom the contractor has assumed case
management responsibilities or an order imposing a requirement on
the department that relates to functions assumed by the contractor;
(10) identify the employees and other resources to be
transferred to the contractor for the purpose of providing
necessary implementation, case management, operational, and
administrative functions and outline the methodology for
determining the resources to be transferred;
(11) create a risk-sharing funding model that
strategically and explicitly balances financial risk between the
state and the contractor and mitigates the financial effects of
significant unforeseen changes in the contractor's duties and
responsibilities or its contract population; and
(12) require the annual review and adjustment of the
funding based on updated cost and finance methodologies, including
changes in policy, foster care rates, and regional service usage.
(b) A contract with a single source continuum contractor
under this subchapter must be consistent with the requirements of
applicable law and may only include terms authorized by the laws or
rules of this state.
(c) In regions identified for implementing community-based
care and in regions where community-based care has been
implemented, a contractor may apply to the department for a waiver
from any statutory and regulatory requirement to increase
innovation and flexibility for achieving contractual performance
outcomes.
SECTION 6. Sections 264.156(a), (b), and (d), Family Code,
are amended to read as follows:
(a) The department shall develop and apply standard
criteria [a formal review process] to assess the ability of a single
source continuum contractor to satisfy the responsibilities and
administrative requirements of delivering services under this
subchapter [foster care services and services for relative and
kinship caregivers], including the contractor's ability to
provide:
(1) case management services for children and
families;
(2) evidence-based, promising practice, or
evidence-informed services [supports] for children and families;
and
(3) sufficient available capacity for inpatient and
outpatient services and supports for children at all service levels
who have previously been placed in the catchment area.
(b) As part of the readiness review process, the single
source continuum contractor must prepare a report that defines:
(1) the practice model and process the contractor will
use to meet contractual performance outcomes and requirements; and
(2) the methods the contractor will use to eliminate
conflicts of interest, including financial incentives for a single
source continuum contractor that refers a child for foster care
services to itself or to a subcontractor in which that contractor
has a majority financial stake [plan detailing the methods by which
the contractor will avoid or eliminate conflicts of interest. The
department may not transfer services to the contractor until the
department has determined the plan is adequate].
(d) If after conducting the review process developed under
Subsection (a) the department determines that a single source
continuum contractor is able to adequately deliver services
described by this subchapter [foster care services and services for
relative and kinship caregivers] in advance of the projected dates
stated in the timeline included in the contract with the
contractor, the department may adjust the timeline to allow for an
earlier transition of service delivery to the contractor.
SECTION 7. Sections 264.157(a), (b), and (c), Family Code,
are amended to read as follows:
(a) Not later than the last day of the state fiscal biennium
[December 31, 2019], the department shall:
(1) identify the [not more than eight] catchment areas
in the state where the department will implement [that are best
suited to implement] community-based care; and
(2) following the implementation of community-based
care services in those catchment areas, retain an entity based in
this state that is independent of the department to conduct an
evaluation of [evaluate] the implementation process and the single
source continuum contractor performance in each catchment area.
(b) Notwithstanding the process for the expansion of
community-based care described in Subsection (a), [and in
accordance with the community-based care implementation plan
developed under Section 264.153, beginning September 1, 2017,] the
department shall accept and evaluate unsolicited proposals [begin
accepting applications] from entities based in this state to
provide community-based care services in a geographic service
[designated catchment] area where the department has not
implemented community-based care. An entity that submits a proposal
to provide community-based care services must ensure that it meets
all criteria outlined by this subchapter and must demonstrate
established connections to the area the entity proposes to
serve. The Health and Human Services Commission in conjunction with
the department shall adopt rules to ensure that proposals submitted
under this subsection comply with state procurement laws and rules.
(c) In expanding community-based care, the department may
change the geographic boundaries of catchment areas as necessary to
align with specific communities or to enable satisfactory
unsolicited proposals for community-based care services to be
accepted and implemented.
SECTION 8. The heading to Section 264.158, Family Code, is
amended to read as follows:
Sec. 264.158. TRANSFER OF [CASE MANAGEMENT] SERVICES TO
SINGLE SOURCE CONTINUUM CONTRACTOR.
SECTION 9. Section 264.158, Family Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) In each [initial] catchment area where community-based
care has been implemented or a contract with a single source
continuum contractor has been executed [before September 1, 2017],
the department shall transfer to the single source continuum
contractor [providing foster care services in that area]:
(1) the case management of children, relative and
kinship caregivers, and families receiving services from that
contractor; [and]
(2) foster care services; and
(3) family preservation services [family
reunification support services to be provided after a child
receiving services from the contractor is returned to the child's
family for the period of time ordered by the court].
(d) A single source continuum contractor may implement its
own procedures to execute the department's statutory duties the
contractor assumes and is not required to follow the department's
procedures to execute the department duties the contractor assumes.
SECTION 10. Section 264.159, Family Code, is amended to
read as follows:
Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.
(a) The department shall create a data access and standards
governance council to develop protocols for the interoperable
electronic transfer of data from single source continuum
contractors to the department to allow the contractors to perform
case management functions and additional contracted services by the
department.
(b) The council shall develop protocols for the access,
management, and security of case data that is electronically shared
between [by] a single source continuum contractor and [with] the
department.
(c) The council shall develop protocols for the access,
management, and security of data shared with an independent entity
retained to conduct the independent evaluations required under this
subchapter. The protocols shall ensure the entity has full,
unrestricted access to all relevant data necessary to perform an
evaluation.
(d) The council consists of single source continuum
contractors with active contracts and department employees who
provide data, legal, information technology, and child protective
services. The council shall meet at least quarterly during each
calendar year.
SECTION 11. Section 264.161, Family Code, is amended to
read as follows:
Sec. 264.161. STATUTORY DUTIES ASSUMED BY CONTRACTOR.
Except as provided by Section 264.163, a single source continuum
contractor providing the services described by this subchapter
[foster care services and services for relative and kinship
caregivers] in a catchment area must, either directly or through
subcontractors, assume the statutory duties of the department in
connection with the delivery of [foster care] services [and
services for relative and kinship caregivers] in that catchment
area. The department shall enumerate in its contract with a single
source continuum contractor all duties the single source continuum
contractor will assume.
SECTION 12. Section 264.162, Family Code, is amended to
read as follows:
Sec. 264.162. REVIEW AND MONITORING OF CONTRACTOR
PERFORMANCE. (a) The department shall implement [develop] a
[formal review] process to monitor and evaluate a single source
continuum contractor's performance in achieving contract outcomes
[implementation of placement services and case management
services] in a catchment area.
(b) The contract performance outcomes specified in a
contract under this subchapter must be consistent with the purposes
described by Section 264.151. The contract must allow the
contractor operational discretion in meeting performance outcomes.
(c) The department shall regularly report on the
department's and each single source continuum contractor's
performance in providing services based on the performance outcomes
described by Subsection (b). The report must:
(1) be readily accessible to and understandable by a
member of the public and include the following information:
(A) a comparison of the single source continuum
contractor's performance in a catchment area with the department's
performance in that same area during the 10 years preceding the date
the contractor began providing services in the area; and
(B) a comparison of the performances of service
providers for each region of this state for the time covered by the
report;
(2) include information provided by single source
continuum contractors;
(3) to the greatest extent feasible, be prepared using
existing data sources and department resources; and
(4) be published on the schedule determined
appropriate by the department but not less than annually.
(d) The contract must clearly define the manner in which the
contractor's performance will be measured and identify the
information sources the department and, if applicable, the
independent evaluator will use to evaluate the performance.
SECTION 13. Section 264.156(c), Family Code, is repealed.
SECTION 14. Not later than October 1, 2022, the Department
of Family and Protective Services shall publish the initial report
required by Section 264.162(c), Family Code, as added by this Act.
SECTION 15. The changes in law made by this Act apply only
to a contract for foster care services entered into or renewed on or
after the effective date of this Act.
SECTION 16. This Act takes effect September 1, 2021.
* * * * *