S.B. No. 1896
AN ACT
relating to the provision of health and human services by the
Department of Family and Protective Services and the Health and
Human Services Commission.
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. Section 264.107(g), Family Code, is amended to
read as follows:
(g) If the department or single source continuum contractor
is unable to find an appropriate placement for a child, an employee
of the department or contractor who has on file with the department
or contractor, as applicable, a background and criminal history
check may provide temporary emergency care for the child. The [An]
employee may not provide emergency care under this subsection in
the employee's residence. The department or contractor shall
provide notice to the court for a child placed in temporary care
under this subsection not later than the next business day after the
date the child is placed in temporary care.
SECTION 3. 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 4. 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 5. (a) Section 264.1261, Family Code, is amended by
adding Subsections (b-1), (b-2), (b-3), and (b-4) 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. In developing the plan, the
commission shall:
(1) evaluate whether contracting for additional
capacity at residential treatment centers, facilities that provide
mental inpatient or outpatient beds for crisis intervention and
stabilization purposes only for children with severe behavioral
health or mental health needs, and other potential temporary
placement options provides the best methods for meeting capacity
shortages; and
(2) make a recommendation to the department regarding
contracting for additional capacity.
(b-2) A plan developed under Subsection (b-1) that includes
the use of an inpatient or outpatient mental health facility must
require the facility to discharge a child placed in the facility not
later than 72 hours after the treating health care provider
determines it is not medically necessary for the child to remain in
the facility.
(b-3) The plan developed under 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-4) 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 6. Section 264.152(4), Family Code, is amended to
read as follows:
(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].
SECTION 7. 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 8. 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 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;
(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.
(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 9. 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 10. Section 264.158, Family Code, is amended by
adding Subsection (d) to read as follows:
(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 assumed department duties.
SECTION 11. 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 12. 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, 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, on behalf of the department, 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;
(7) report outcomes of community-based care
providers;
(8) identify the employees and other resources to be
transferred to the community-based care provider to provide the
necessary implementation, case management, operational, and
administrative functions and outline the methodology for
determining the employees and resources to be transferred;
(9) create a risk-sharing funding model that
strategically and explicitly balances financial risk between this
state and the community-based care provider and mitigates the
financial effects of significant unforeseen changes in the
community-based care provider's duties or the population of the
region it serves; and
(10) 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.
(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) A provision of this subchapter applicable to the
department with respect to any duty assigned by this section to the
office applies to the office in the same manner as the provision
would apply to the department.
(h) Except as otherwise provided by this section, the
department retains the powers and duties provided by this
subchapter to the department.
(i) The office is abolished and this section expires on the
date that community-based care is implemented in the last
department region in this state.
SECTION 13. (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:
(1) 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; and
(2) identify options to obtain federal matching funds
under the Medical Assistance Program to pay for a safe home-like or
community-based residential setting for a child in the
conservatorship of the Department of Family and Protective
Services:
(A) who is identified or diagnosed as having a
serious behavioral or mental health condition that requires
intensive treatment;
(B) who is identified as a victim of serious
abuse or serious neglect;
(C) for whom a traditional substitute care
placement contracted for or purchased by the department is not
available or would further denigrate the child's behavioral or
mental health condition; or
(D) for whom the department determines a safe
home-like or community-based residential placement could stabilize
the child's behavioral or mental health condition in order to
return the child to a traditional substitute care placement.
(c) The commission shall report its findings to the standing
committees of the senate and house of representatives having
jurisdiction over the Department of Family and Protective Services.
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 14. Section 2155.089(c), Government Code, is
amended to read as follows:
(c) This section does not apply to:
(1) an enrollment contract described by 1 T.A.C.
Section 391.183 as that section existed on September 1, 2015;
(2) a contract of the Employees Retirement System of
Texas except for a contract with a nongovernmental entity for
claims administration of a group health benefit plan under Subtitle
H, Title 8, Insurance Code; [or]
(3) a contract entered into by:
(A) the comptroller under Section 2155.061; or
(B) the Department of Information Resources
under Section 2157.068; or
(4) a child-specific contract entered into by the
Department of Family and Protective Services for a child without
placement.
SECTION 15. Section 2155.144(a), Government Code, is
amended to read as follows:
(a) This section applies only to the Health and Human
Services Commission, [and to] each health and human services
agency, and the Department of Family and Protective Services. For
the purposes of this section, the Department of Family and
Protective Services is considered a health and human services
agency.
SECTION 16. 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 17. 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
contracts 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 18. 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:
(1) promote the use of nationally recognized tools
such as the Commercial Sexual Exploitation-Identification Tool
(CSE-IT) and any other indicated treatment models or best practices
for the treatment and prevention of sex trafficking victimization;
and
(2) use providers that:
(A) use a trauma-informed care model;
(B) have defined programming to address the
specific needs of trafficking survivors and youth at risk of
trafficking;
(C) have leadership and direct-care staff who
have completed training regarding the specific needs of trafficking
survivors and youth at risk of trafficking;
(D) have established policies and procedures to
minimize risk to a child who is a victim of trafficking placed with
the provider and other children placed with the provider, including
risks related to running away from the placement or becoming a
victim of trafficking; and
(E) provide case management services or contract
with an entity in the geographic area of the provider to provide
case management services to trafficking victims or potential
victims.
SECTION 19. 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 20. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0433 to read as follows:
Sec. 42.0433. SUICIDE PREVENTION, INTERVENTION, AND
POSTVENTION PLAN. (a) In this section, "postvention" has the
meaning assigned by Section 38.351, Education Code.
(b) The executive commissioner by rule shall adopt a model
suicide prevention, intervention, and postvention policy for use by
a residential child-care facility. The model policy must:
(1) be based on current and best evidence-based
practices;
(2) require all employees of the facility to receive
annual suicide prevention training that includes understanding of
safety planning and screening for risk;
(3) promote suicide prevention training for
non-employee entities, as appropriate; and
(4) include procedures to support children who return
to the facility following hospitalization for a mental health
condition.
(c) Each residential child-care facility shall adopt a
suicide prevention, intervention, and postvention policy. A
residential child-care facility may adopt:
(1) the model policy adopted by the executive
commissioner under Subsection (b); or
(2) another suicide prevention, intervention, and
postvention policy approved by the executive commissioner.
(d) The suicide prevention, intervention, and postvention
policy adopted under Subsection (c) may be part of a broader mental
health crisis plan if the components of the plan include suicide
prevention, intervention, and postvention.
(e) The commission shall provide to a residential
child-care facility any technical assistance necessary to adopt or
implement a suicide prevention, intervention, and postvention
policy.
SECTION 21. 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. (a) 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.
(b) The system developed under Subsection (a) must
distinguish between different levels of risk using a multi-point
severity scale. The department shall make information regarding the
severity scale available to:
(1) the standing committees of the senate and the
house of representatives with oversight of child-care facilities;
and
(2) the public through the department's Internet
website.
SECTION 22. 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 23. Section 42.252(c), Human Resources Code, is
amended to read as follows:
(c) The operational plan must include:
(1) a community engagement plan to develop and, if
necessary, improve relations between the general residential
operation and the community in which the operation is located that
includes:
(A) a summary of any discussions the operation
had with:
(i) local law enforcement; and
(ii) local health, therapeutic, and
recreational resources available to support children at the
operation; and
(B) a summary of the opportunities the children
at the operation will have for social interaction in the community;
(2) an educational plan describing the applicant's
plan to provide for the educational needs of the children at the
general residential operation that:
(A) identifies whether the proposed operation
will provide for the public or private education of school-age
children at the operation;
(B) identifies whether the proposed operation
will provide for the education of school-age children through a
local school, off-site charter school, or on-site charter school;
(C) includes any discussions, plans, and
agreements with the local school district, private school, or local
charter school that will be providing education to the school-age
children at the operation; and
(D) if the children are to be enrolled in a public
school, includes either:
(i) a statement from the local independent
school district on the impact of the proposed child-care services
on the local school district; or
(ii) an explanation of the reasons the
operation was unable to obtain a statement described by
Subparagraph (i) and a discussion of other alternative educational
services that the operation could offer;
(3) a trauma-informed plan to address unauthorized
absences of children from the general residential operation; [and]
(4) a suicide prevention, intervention, and
postvention plan that meets the requirements of Section 42.0433;
and
(5) the qualifications, background, and history,
including any compliance history, of each individual who is
proposed to be involved in:
(A) the management of the operation; and
(B) the educational leadership of the operation
if the operation will be using an on-site charter school.
SECTION 24. 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 25. 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 26. The following provisions are repealed:
(1) Section 264.156(c), Family Code;
(2) Section 264.169, Family Code; and
(3) Section 40.0581(f), Human Resources Code.
SECTION 27. (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 28. Not later than July 1, 2022, the
executive commissioner of the Health and Human Services Commission
shall adopt the model suicide prevention, intervention, and
postvention policy required by Section 42.0433, Human Resources
Code, as added by this Act.
SECTION 29. 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 30. (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 31. Not later than January 1, 2025, the Department
of Family and Protective Services shall:
(1) transition the family-based safety services
program to evidence-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 32. 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 33. 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 34. (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 35. 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 36. This Act takes effect immediately if it
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 Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1896 passed the Senate on
April 27, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 28, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1896 passed the House, with
amendments, on May 24, 2021, by the following vote: Yeas 146,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor