By: Kolkhorst S.B. No. 1896
(In the Senate - Filed March 12, 2021; March 26, 2021, read
first time and referred to Committee on Health & Human Services;
April 21, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 21, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1896 By: Hall
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care facilities and foster care
placements and services and the creation of the Office of
Community-Based Care Transition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.409 to read as follows:
Sec. 263.409. FINAL NOTIFICATION OF BENEFITS RELATED TO
KINSHIP VERIFICATION. Before a court enters a final order naming a
relative or another adult with a longstanding and significant
relationship with a foster child as the permanent managing
conservator for the child, the court shall verify that:
(1) the individual was offered the opportunity to
become verified by a licensed child-placing agency to qualify for
permanency care assistance benefits under Subchapter K, Chapter
264, and the individual declined the verification process and the
permanency care assistance benefits; and
(2) the child-placing agency conducting the
verification for the individual's permanency care assistance
benefits has been notified of the individual's decision to decline
the permanency care assistance benefits.
SECTION 2. 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. TREATMENT FOSTER CARE. The department and
single source continuum contractors shall:
(1) lessen employment restrictions to allow single
parents to participate in treatment foster care, when quality care
is assured;
(2) expand the eligible age for treatment 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 treatment foster
care to assist in the transition to the least restrictive
placement; and
(4) extend the length of time for a treatment foster
care placement.
SECTION 3. 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 local governmental entities and
faith- and community-based organizations, shall examine the
feasibility of designing a volunteer mentor 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 4. (a) Section 264.1261, Family Code, is amended by
adding Subsections (b-1), (b-2), and (b-3) 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 plan required by Subsection (b-1) must include
information and contingency plans to ensure adequate capacity in
other facilities to meet placement needs when a facility is placed
on probation.
(b-3) The department and each single source continuum
contractor shall contract with facilities for reserve beds to
ensure 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 5. Subchapter B-1, Chapter 264, Family Code, is
amended by adding Sections 264.171 and 264.172 to read as follows:
Sec. 264.171. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
COMMUNITY-BASED CARE TRANSITION. (a) Notwithstanding Section
264.0011, in this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Committee" means the Joint Legislative Oversight
Committee on Community-Based Care Transition.
(3) "Department" means the Department of Family and
Protective Services.
(b) The Joint Legislative Oversight Committee on
Community-Based Care Transition is composed of six voting members
as follows:
(1) three members of the senate, appointed by the
lieutenant governor; and
(2) three members of the house of representatives,
appointed by the speaker of the house of representatives.
(c) The lieutenant governor and speaker of the house of
representatives shall each appoint a member described by Subsection
(b)(1) or (2), respectively, to serve as joint chairs of the
committee.
(d) The committee shall meet at the call of the joint chairs
and may consider public testimony.
(e) The committee may employ persons necessary to carry out
this section through funds made available by the legislature.
(f) The committee shall monitor and report to the
legislature on the following related to the implementation of
community-based care:
(1) the funding of community-based care;
(2) the performance and outcomes of community-based
care statewide and by region;
(3) statutory or regulatory barriers to the successful
implementation of community-based care; and
(4) other challenges to the successful implementation
of community-based care.
(g) The committee may request any relevant information from
the commission, the department, or another relevant state agency,
and the commission, the department, or agency shall comply with the
request, unless the provision of the information is prohibited by
state or federal law.
(h) Not later than January 1 of each odd-numbered year, the
committee shall submit a written report of the committee's findings
and recommendations to the governor, the lieutenant governor, the
speaker of the house of representatives, and each member of the
standing committees of the senate and house of representatives
having primary jurisdiction over child welfare issues.
(i) The committee shall monitor the continued
implementation of community-based care and hold public hearings to
receive comments from the public on the implementation of
community-based care.
Sec. 264.172. OFFICE OF COMMUNITY-BASED CARE TRANSITION.
(a) In this section:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Office" means the Office of Community-Based Care
Transition created under this section.
(b) The Office of Community-Based Care Transition is a state
agency independent of but administratively attached to the
department.
(c) The office shall:
(1) assess catchment areas in this state where
community-based care services may be implemented;
(2) develop a plan for implementing community-based
care in each catchment area in this state, including the order in
which community-based care will be implemented in each catchment
area and a timeline for implementation;
(3) evaluate community-based care providers;
(4) contract with community-based care providers to
provide services in each catchment area in this state;
(5) measure contract performance of community-based
care providers;
(6) provide contract oversight of community-based
care providers; and
(7) report outcomes of community-based care
providers.
(d) The department shall provide any administrative support
the office needs, and the department and the Health and Human
Services Commission shall provide access to any information and
legal counsel the office requires to implement community-based
care.
(e) The governor shall appoint the director of the office to
serve in that capacity at the pleasure of the governor. The
director reports directly to the governor.
(f) The office shall report to the legislature at least once
each calendar quarter regarding the implementation of
community-based care in the state.
(g) The office is abolished and this section expires January
1, 2027.
SECTION 6. (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) In conducting the evaluation required under Subsection
(a), the commission shall collaborate with residential child-care
providers regarding any unmet needs of children in foster care and
the development of capacity for providing quality medical,
behavioral health, and other services for children in foster care.
(c) 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 regions in this state, regardless of
whether community-based care has been implemented in any region.
(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 7. 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 8. 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 the department's 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 9. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.081 to read as follows:
Sec. 40.081. IMPLEMENTATION OF FEDERAL LAW. (a) In
furtherance of department duties under Section 40.002(d), the
department shall to the greatest extent possible develop capacity
for placement settings that are eligible for federal financial
participation under 42 U.S.C. Section 672, including settings:
(1) specializing in providing prenatal, postpartum,
or parenting support for youth;
(2) providing high-quality residential care and
supportive services to children and youth who this state has
reasonable cause to believe are, or who are at risk of being, sex
trafficking victims in accordance with 42 U.S.C. Section
671(a)(9)(C);
(3) providing supervised independent living for young
adults;
(4) offering residential family-based substance abuse
treatment as described by 42 U.S.C. Section 672(j); and
(5) serving as a qualified residential treatment
program.
(b) In developing capacity for settings described by
Subsection (a)(2), the department shall promote the use of
nationally recognized tools such as the Commercial Sexual
Exploitation-Identification Tool and any other indicated treatment
models or best practices for the treatment and prevention of sex
trafficking victimization.
SECTION 10. 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 11. 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.
(a) The executive commissioner by rule shall allow a child-placing
agency to issue a provisional license for a kinship provider, as
defined by Section 264.851, Family Code, who meets the basic safety
requirements provided by commission rule. A kinship provider
issued a provisional license under this section shall complete all
licensing requirements within the time provided by rule.
(b) The executive commissioner shall ensure that the
implementation of this section does not reduce the amount of
federal money available to this state.
Sec. 42.0583. IDENTIFYING AT-RISK PROVIDERS. The
department shall use data analytics collected regarding
residential child-care 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 12. 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.
SECTION 13. 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 14. Subchapter H, Chapter 42, Human Resources Code,
is amended by adding Sections 42.2541, 42.256, 42.257, 42.258,
42.259, and 42.260 to read as follows:
Sec. 42.2541. IMPROVING EDUCATION SERVICES FOR CHILDREN.
(a) The department 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, on
issuance of an initial or renewal license under this chapter,
submit to the commission information on the operation's treatment
model. A general residential operation that contracts with the
department to provide residential care for children in foster care
shall submit information on the operation's treatment model to the
department on execution and renewal of a contract.
(b) The operation shall annually assess 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) 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.
(b) A general residential operation shall ensure that the
evaluation under Subsection (a) does not delay the timely placement
of a child.
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 commission in
coordination with the department and single source continuum
contractors shall establish guidelines in the STAR Health program
to improve the use of telehealth services to provide and enhance
mental health and behavioral health care for children placed in the
managing conservatorship of the state.
SECTION 15. 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:
(A) otherwise qualifies for a license but does
not meet the experience requirement in Section 43.004(a)(4); and
(B) complies with any additional requirement
established by rule under Subsection (e).
(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) The executive commissioner by rule may establish
additional requirements for the issuance of a provisional
child-care administrator's license under Subsection (a)(2)(A) as
the executive commissioner determines appropriate.
SECTION 16. Section 264.169, Family Code, and Section
40.0581(f), Human Resources Code, are repealed.
SECTION 17. (a) The Health and Human Services Commission,
in collaboration with the Department of Family and Protective
Services, shall review the Centers for Medicare and Medicaid
Services' Integrated Care for Kids (InCK) Model to determine
whether implementing the model could benefit children in this
state, including children enrolled in the STAR Health Medicaid
managed care program.
(b) Not later than December 1, 2022, the Health and Human
Services Commission shall report its findings to the governor and
legislature.
(c) This section expires September 1, 2023.
SECTION 18. Not later than December 1, 2022, the Department
of Family and Protective Services shall provide the legislature
with options for conducting:
(1) independent administrative reviews of department
investigations of licensed residential child-care facilities; and
(2) independent appeals of determinations from those
investigations.
SECTION 19. (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 before the child enters foster care; 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 20. Not later than January 1, 2025, 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);
(2) develop an implementation plan for the transition
of services; and
(3) develop community referrals to existing
prevention and early intervention programs.
SECTION 21. 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 but not later than January 1, 2024.
SECTION 22. (a) 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.
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect September 1, 2021.
SECTION 23. (a) As soon as practicable after the effective
date of this Act but not later than October 15, 2021, the governor
shall appoint the director of the Office of Community-Based Care
Transition as required by Section 264.172, Family Code, as added by
this Act.
(b) As soon as practicable after the effective date of this
Act, the Department of Family and Protective Services shall
transfer all money, contracts, leases, property, and obligations
related to the powers and duties of the Office of Community-Based
Care Transition to that office.
SECTION 24. The Office of Community-Based Care Transition,
the Department of Family and Protective Services, and the Health
and Human Services Commission are required to implement this Act
only if the legislature appropriates money specifically for that
purpose. If the legislature does not appropriate money
specifically for that purpose, the Office of Community-Based Care
Transition, the Department of Family and Protective Services, and
the Health and Human Services Commission may, but are not required
to, implement this Act using other appropriations available for the
purpose.
SECTION 25. Except as otherwise provided by this Act, this
Act takes effect September 1, 2021.
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