87R12521 MCK-D
By: Kolkhorst S.B. No. 1896
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 264, Family Code, is
amended by adding Sections 264.1071 and 264.1073 to read as
follows:
Sec. 264.1071. OFFICE STAYS PROHIBITED. The department may
not allow a child to stay overnight in a department office.
Sec. 264.1073. THERAPEUTIC FOSTER CARE. The department and
single source continuum contractors shall:
(1) lessen employment restrictions to allow single
parents to participate in therapeutic foster care, when quality
care can be assured;
(2) expand the eligible age for therapeutic foster
care to include children 10 years of age or older;
(3) prepare and plan for the subsequent placement not
later than the 30th day after a child is placed in therapeutic
foster care to assist in the transition to the least restrictive
placement; and
(4) extend the length of time for a therapeutic foster
care placement.
SECTION 2. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.117 to read as follows:
Sec. 264.117. MENTORS FOR FOSTER CHILDREN. (a) The
department and each single source continuum contractor in this
state, in collaboration with faith- and community-based
organizations, shall examine the feasibility of designing a
volunteer mentor and well-being monitor program for children in
congregate care settings.
(b) Not later than December 31, 2022, the department shall
report its findings and recommendations for establishing a mentor
program to the legislature.
(c) This section expires September 1, 2023.
SECTION 3. (a) Section 264.1261, Family Code, is amended by
adding Subsections (b-1) and (b-2) to read as follows:
(b-1) Notwithstanding Section 264.0011, the Health and
Human Services Commission in collaboration with the department, and
each single source continuum contractor in this state, shall
develop a plan to increase the placement capacity in each catchment
area of the state with the goal of eliminating the need to place a
child outside of the child's community. The commission shall
consider whether contracting for additional capacity at
residential treatment centers, facilities that provide mental
inpatient or outpatient beds for children with behavioral health or
mental health needs, and other potential temporary placement
options provide the best methods for meeting capacity shortages.
(b-2) The department and each single source continuum
contractor shall contract with facilities for reserve beds to
ensure that the department may place each child in a facility if
capacity is otherwise unavailable.
(b) Sections 264.1261(a) and (b), Family Code, as added by
Chapter 822 (H.B. 1549), Acts of the 85th Legislature, Regular
Session, 2017, are repealed.
SECTION 4. Subchapter B-1, Chapter 264, Family Code, is
amended by adding Section 264.1511 to read as follows:
Sec. 264.1511. COMMISSION RESPONSIBILITIES; REFERENCE IN
SUBCHAPTER. (a) Notwithstanding Section 264.0011 or any provision
of this subchapter, the Health and Human Services Commission has
the powers and shall perform duties assigned to the department
under this subchapter.
(b) In this subchapter, a reference to the department or
Department of Family and Protective Services means the Health and
Human Services Commission.
SECTION 5. (a) Subchapter A, Chapter 533, Government Code,
is amended by adding Sections 533.00521 and 533.00522 to read as
follows:
Sec. 533.00521. STAR HEALTH PROGRAM: HEALTH CARE FOR FOSTER
CHILDREN. (a) The commission shall annually evaluate the use of
benefits under the Medicaid program in the STAR Health program
offered to children in foster care and provide recommendations to
the Department of Family and Protective Services and each single
source continuum contractor in this state to better coordinate the
provision of health care and use of those benefits for children in
foster care.
(b) The commission shall report its findings to the
legislature.
Sec. 533.00522. STAR HEALTH PROGRAM: MENTAL HEALTH
PROVIDERS. A contract between a Medicaid managed care organization
and the commission for the organization to provide health care
services to recipients under the STAR Health program must require
the organization to ensure the organization maintains a network of
mental and behavioral health providers, including child
psychiatrists and other appropriate providers, in all Department of
Family and Protective Services catchment areas in the state.
(b) The changes in law made by this section apply only to a
contract for the provision of health care services under the STAR
Health program between the Health and Human Services Commission and
a Medicaid managed care organization under Chapter 533, Government
Code, that is entered into, renewed, or extended on or after the
effective date of this section.
(c) If before implementing Section 533.00522, Government
Code, as added by this section, the Health and Human Services
Commission determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the
health and human services agency affected by the provision shall
request the waiver or authorization and may delay implementing that
provision until the waiver or authorization is granted.
SECTION 6. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.05291 to read as follows:
Sec. 40.05291. ELECTRONIC CASE MANAGEMENT SYSTEM. (a) The
department shall develop a plan to eliminate the department's use
of paper case files and fully transition to an electronic case
management system.
(b) The department shall implement a fully electronic case
management system not later than September 1, 2023.
(c) This section expires September 1, 2025.
SECTION 7. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0583 to read as follows:
Sec. 40.0583. STATE AUDITOR REVIEW OF CONTRACTS. The state
auditor shall annually review each department performance-based
contract to determine whether the department is properly enforcing
contract provisions with providers and to provide recommendations
for improving department oversight and execution of contracts.
SECTION 8. Subchapter B, Chapter 42, Human Resources Code,
is amended by adding Section 42.026 to read as follows:
Sec. 42.026. ACCESS TO DATABASE. (a) The commission shall
make the child-care licensing division's searchable database
accessible to commission and department investigators.
(b) The department shall make the department's searchable
database accessible to commission and department investigators.
SECTION 9. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Sections 42.0538 and 42.0583 to read as
follows:
Sec. 42.0538. PROVISIONAL LICENSE FOR KINSHIP PROVIDER.
The commission shall develop standards for and provide a
provisional license for a kinship provider, as defined by Section
264.851, Family Code, who meets the basic safety requirements. A
kinship provider issued a provisional license under this section
shall complete all licensing requirements within the time set by
the executive commissioner by rule.
Sec. 42.0583. IDENTIFYING AT-RISK PROVIDERS. The
department shall use data analytics collected from providers,
including general residential operations providing treatment
services to young adults with emotional disorders, to develop an
early warning system to identify at-risk providers most in need of
technical support and to promote corrective actions and minimize
standard violations.
SECTION 10. Subchapter D, Chapter 42, Human Resources Code,
is amended by adding Section 42.0711 to read as follows:
Sec. 42.0711. INSPECTION OF FACILITY ON PROBATION;
PLACEMENT LIMITS. (a) The commission shall inspect each week a
general residential operation that is placed on probation for
continued violations of this chapter.
(b) The department or a single source continuum contractor
may not place a child in a facility whose license the commission has
placed on probation.
(c) The department and each single source continuum
contractor shall develop a contingency plan to ensure adequate
capacity in other facilities to meet the placement needs of the
department in the event a facility is placed on probation.
SECTION 11. Subchapter D, Chapter 42, Human Resources Code,
is amended by adding Section 42.080 to read as follows:
Sec. 42.080. DISCIPLINARY ACTION PROHIBITED. The
commission may not issue a citation to or take any other
disciplinary action against a general residential operation or a
child-placing agency for failing to employ a licensed child-care
administrator or licensed child-placing administrator, as
appropriate, if the operation or agency has:
(1) been without an administrator for less than 60
days; and
(2) made substantial efforts to hire a qualified
administrator.
SECTION 12. Subchapter H, Chapter 42, Human Resources Code,
is amended by adding Sections 42.2541, 42.256, 42.257, 42.258,
42.259, 42.260, and 42.261 to read as follows:
Sec. 42.2541. IMPROVING EDUCATION SERVICES FOR CHILDREN.
(a) The commission shall develop a strategic plan for improving the
provision of educational services to children placed in a general
residential operation.
(b) The department shall report to the Texas Education
Agency the educational outcomes for children placed in a general
residential operation.
(c) The department and the Texas Education Agency shall
annually evaluate the educational outcomes for children placed in a
general residential operation and adopt strategies and policies to
improve the outcomes and standards.
Sec. 42.256. TREATMENT MODEL. (a) Each general
residential operation providing treatment services shall adopt a
treatment model that is an evidence-based model or a recognized
promising practice with continuous quality improvement model. The
operation shall submit the model to the commission.
(b) The operation shall annually evaluate the overall
effectiveness of the model adopted under this section.
(c) The treatment model must address all aspects related to
children's care, including children's therapeutic needs. The model
shall include:
(1) the manner in which treatment goals will be
individualized and identified for each child;
(2) the method the operation will use to measure the
effectiveness of each treatment goal for the child;
(3) the actions the operation will take if the
treatment goals are not met; and
(4) the method the operation will use to monitor and
evaluate the effectiveness of the treatment model.
(d) A general residential operation may change a treatment
model adopted under this section after notifying the commission of
the change and submitting the new treatment model to the
commission.
(e) The executive commissioner may adopt rules to implement
this section.
(f) The general residential operation shall adopt policies
and procedures to implement the treatment model.
Sec. 42.257. EVALUATION OF PLACEMENTS. A general
residential operation that considers accepting a child's placement
with the operation shall evaluate the proposed placement on the
following criteria:
(1) whether the child meets the operation's admission
criteria;
(2) whether the child would benefit from the treatment
model implemented at the operation; and
(3) whether the operation has the staff and resources
to meet the child's needs considering the other children at the
operation and the other children's needs.
Sec. 42.258. LIMIT ON PLACEMENTS FOR NEW FACILITY. If the
department or a single source continuum contractor contracts with a
general residential operation providing treatment services to
place children with the operation before the operation is licensed,
the contract must limit the number of children that may be placed at
the operation each month and limit the number of children with a
service level of specialized, intense, or intense plus until the
operation exhibits sustained compliance with the licensing
standards.
Sec. 42.259. TRANSITION PLANS. A general residential
operation shall develop a transition plan for each child who has
been placed at the operation for longer than six months.
Sec. 42.260. TELEHEALTH PILOT PROGRAM. The department in
coordination with the single source continuum contractors shall
establish a pilot program to use telehealth services to provide
mental health and behavioral health care for children placed in a
residential treatment center.
Sec. 42.261. HUMAN TRAFFICKING VICTIMS. A general
residential operation that provides treatment services to children
who are victims of human trafficking shall use the Commercial
Sexual Exploitation-Identification Tool, an evidence-based
screening tool, as part of the operation's screening of children
placed in the operation to systematically recognize the indicators
of child sex trafficking. The general residential operation shall
develop protocols to provide clear guidance to operation staff on
the conduct of screenings and response to youth who have indicators
of sex trafficking.
SECTION 13. Section 43.0081, Human Resources Code, is
amended to read as follows:
Sec. 43.0081. PROVISIONAL LICENSE. (a) The commission
[department] may issue a provisional child-care administrator's
license to:
(1) an applicant licensed in another state who applies
for a license in this state if the applicant[. An applicant for a
provisional license under this section must]:
(A) is [(1) be] licensed in good standing as a
child-care administrator for at least two years in another state,
the District of Columbia, a foreign country, or a territory of the
United States that has licensing requirements that are
substantially equivalent to the requirements of this chapter;
(B) has [(2) have] passed a national or other
examination recognized by the commission [department] that
demonstrates competence in the field of child-care administration;
and
(C) is [(3) be] sponsored by a person licensed by
the commission [department] under this chapter with whom the
provisional license holder may practice under this section; and
(2) an applicant who otherwise qualifies for a license
but does not meet the experience requirement in Section
43.004(a)(4).
(b) The commission [department] may waive the requirement
of Subsection (a)(1)(C) [(a)(3)] for an applicant if the commission
[department] determines that compliance with that paragraph
[subsection] constitutes a hardship to the applicant.
(c) A provisional license under Subsection (a)(1) is valid
until the date the commission [department] approves or denies the
provisional license holder's application for a license. The
commission [department] shall issue a license under this chapter to
the provisional license holder described by Subsection (a)(1) if:
(1) the provisional license holder passes the
examination required by Section 43.004;
(2) the commission [department] verifies that the
provisional license holder has the academic and experience
requirements for a license under this chapter; and
(3) the provisional license holder satisfies any other
license requirements under this chapter.
(d) For a provisional license holder described by
Subsection (a)(1), the commission shall [The department must]
complete the processing of a provisional license holder's
application for a license not later than the 180th day after the
date the provisional license is issued. The commission
[department] may extend the 180-day limit if the results of the
license holder's examination have not been received by the
commission [department].
(e) A person issued a provisional license under Subsection
(a)(2) must sign an agreement with the commission agreeing to
obtain the experience required by Section 43.004(a)(4) as soon as
possible after the license is issued. The person may not be issued
a child-care administrator license until the person obtains the
required experience.
SECTION 14. (a) The Department of Family and Protective
Services shall:
(1) study extending permanency care assistance
benefits to individuals who are not relatives of a foster child and
who do not have a longstanding and significant relationship with
the foster child; and
(2) assess the potential impact and favorable
permanency outcomes for children who might otherwise remain in
foster care for long periods or have managing conservatorship of
the child transferred without any benefits to the caregiver.
(b) Not later than December 31, 2022, the Department of
Family and Protective Services shall submit a report to the
legislature on the results of the study and assessment conducted
under this section and recommendations for further action based on
the study and assessment.
(c) This section expires September 1, 2023.
SECTION 15. Not later than January 1, 2023, the Department
of Family and Protective Services shall:
(1) transition the family-based safety services
program to evidenced-based programs under the Family First
Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123);
and
(2) develop community referrals to existing
prevention and early intervention programs.
SECTION 16. The executive commissioner of the Health and
Human Services Commission shall adopt minimum standards related to
continuum-of-care operations, cottage home operations, and
specialized child-care homes as provided by Section 42.042, Human
Resources Code, as amended by Chapter 317 (H.B. 7), Acts of the 85th
Legislature, Regular Session, 2017, as soon as practicable after
the effective date of this Act.
SECTION 17. The Health and Human Services Commission and
the Department of Family and Protective Services shall jointly
evaluate the Consolidated Appropriations Act, 2021 (Pub. L.
116-260), to determine methods for maximizing this state's receipt
of federal funds to provide foster youth transition planning to
adulthood and additional services for foster youth and young adults
in extended foster care.
SECTION 18. (a) On the effective date of this Act, the
Department of Family and Protective Services shall abolish the
prevention and early intervention division of the department.
(b) The Department of Family and Protective Services shall
transfer any department funds and resources, including department
employees, allocated to the prevention and early intervention
division to the Health and Human Services Commission.
SECTION 19. This Act takes effect September 1, 2021.