Texas 2021 - 87th Regular

Texas Senate Bill SB1896 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1896
	1	+	87R26692 MCK-D
	2	+	By: Kolkhorst S.B. No. 1896
	3	+	(Frank, Minjarez)
	4	+	Substitute the following for S.B. No. 1896: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the provision of health and human services by the
6	10		Department of Family and Protective Services and the Health and
7	11		Human Services Commission.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Subchapter E, Chapter 263, Family Code, is
10	14		amended by adding Section 263.409 to read as follows:
11	15		Sec. 263.409. FINAL NOTIFICATION OF BENEFITS RELATED TO
12	16		KINSHIP VERIFICATION. Before a court enters a final order naming a
13	17		relative or another adult with a longstanding and significant
14	18		relationship with a foster child as the permanent managing
15	19		conservator for the child, the court shall verify that:
16	20		(1) the individual was offered the opportunity to
17	21		become verified by a licensed child-placing agency to qualify for
18	22		permanency care assistance benefits under Subchapter K, Chapter
19	23		264, and the individual declined the verification process and the
20	24		permanency care assistance benefits; and
21	25		(2) the child-placing agency conducting the
22	26		verification for the individual's permanency care assistance
23	27		benefits has been notified of the individual's decision to decline
24	28		the permanency care assistance benefits.
25	29		SECTION 2. Section 264.107(g), Family Code, is amended to
26	30		read as follows:
27	31		(g) If the department or single source continuum contractor
28	32		is unable to find an appropriate placement for a child, an employee
29	33		of the department or contractor who has on file with the department
30	34		or contractor, as applicable, a background and criminal history
31	35		check may provide temporary emergency care for the child. The [An]
32	36		employee may not provide emergency care under this subsection in
33	37		the employee's residence. The department or contractor shall
34	38		provide notice to the court for a child placed in temporary care
35	39		under this subsection not later than the next business day after the
36	40		date the child is placed in temporary care.
37	41		SECTION 3. Subchapter B, Chapter 264, Family Code, is
38	42		amended by adding Sections 264.1071 and 264.1073 to read as
39	43		follows:
40	44		Sec. 264.1071. OFFICE STAYS PROHIBITED. The department may
41	45		not allow a child to stay overnight in a department office.
42	46		Sec. 264.1073. TREATMENT FOSTER CARE. The department and
43	47		single source continuum contractors shall:
44	48		(1) lessen employment restrictions to allow single
45	49		parents to participate in treatment foster care, when quality care
46	50		is assured;
47	51		(2) expand the eligible age for treatment foster care
48	52		to include children 10 years of age or older;
49	53		(3) prepare and plan for the subsequent placement not
50	54		later than the 30th day after a child is placed in treatment foster
51	55		care to assist in the transition to the least restrictive
52	56		placement; and
53	57		(4) extend the length of time for a treatment foster
54	58		care placement.
55	59		SECTION 4. Subchapter B, Chapter 264, Family Code, is
56	60		amended by adding Section 264.117 to read as follows:
57	61		Sec. 264.117. MENTORS FOR FOSTER CHILDREN. (a) The
58	62		department and each single source continuum contractor in this
59	63		state, in collaboration with local governmental entities and
60	64		faith- and community-based organizations, shall examine the
61	65		feasibility of designing a volunteer mentor program for children in
62	66		congregate care settings.
63	67		(b) Not later than December 31, 2022, the department shall
64	68		report its findings and recommendations for establishing a mentor
65	69		program to the legislature.
66	70		(c) This section expires September 1, 2023.
67	71		SECTION 5. (a) Section 264.1261, Family Code, is amended by
68	72		adding Subsections (b-1), (b-2), (b-3), and (b-4) to read as
69	73		follows:
70	74		(b-1) Notwithstanding Section 264.0011, the Health and
71	75		Human Services Commission, in collaboration with the department and
72	76		each single source continuum contractor in this state, shall
73	77		develop a plan to increase the placement capacity in each catchment
74	78		area of the state with the goal of eliminating the need to place a
75	79		child outside of the child's community. In developing the plan, the
76	80		commission shall:
77	81		(1) evaluate whether contracting for additional
78	82		capacity at residential treatment centers, facilities that provide
79	83		mental inpatient or outpatient beds for crisis intervention and
80	84		stabilization purposes only for children with severe behavioral
81	85		health or mental health needs, and other potential temporary
82	86		placement options provides the best methods for meeting capacity
83	87		shortages; and
84	88		(2) make a recommendation to the department regarding
85	89		contracting for additional capacity.
86	90		(b-2) A plan developed under Subsection (b-1) that includes
87	91		the use of an inpatient or outpatient mental health facility must
88	92		require the facility to discharge a child placed in the facility not
89	93		later than 72 hours after the treating health care provider
90	94		determines it is not medically necessary for the child to remain in
91	95		the facility.
92	96		(b-3) The plan developed under Subsection (b-1) must
93	97		include information and contingency plans to ensure adequate
94	98		capacity in other facilities to meet placement needs when a
95	99		facility is placed on probation.
96	100		(b-4) The department and each single source continuum
97	101		contractor shall contract with facilities for reserve beds to
98	102		ensure the department may place each child in a facility if capacity
99	103		is otherwise unavailable.
100	104		(b) Sections 264.1261(a) and (b), Family Code, as added by
101	105		Chapter 822 (H.B. 1549), Acts of the 85th Legislature, Regular
102	106		Session, 2017, are repealed.
103	107		SECTION 6. Section 264.152(4), Family Code, is amended to
104	108		read as follows:
105	109		(4) "Community-based care" means the provision of
106	110		child welfare services in accordance with state and federal child
107	111		welfare goals by a community-based nonprofit or a local
108	112		governmental entity under a contract that includes direct case
109	113		management to:
110	114		(A) prevent entry into foster care;
111	115		(B) reunify and preserve families;
112	116		(C) ensure child safety, permanency, and
113	117		well-being; and
114	118		(D) reduce future referrals of children or
115	119		parents to the department [foster care redesign required by Chapter
116	120		598 (S.B. 218), Acts of the 82nd Legislature, Regular Session,
117	121		2011, as designed and implemented in accordance with the plan
118	122		required by Section 264.153].
119	123		SECTION 7. Section 264.154, Family Code, is amended by
120	124		amending Subsection (a) and adding Subsection (c) to read as
121	125		follows:
122	126		(a) To enter into a contract with the commission or
123	127		department to serve as a single source continuum contractor to
124	128		provide services under this subchapter [foster care service
125	129		delivery], an entity must be:
126	130		(1) a nonprofit entity that has:
127	131		(A) an organizational mission focused on child
128	132		welfare; and
129	133		(B) a majority of the entity's board members
130	134		residing in this state; or
131	135		(2) a governmental entity.
132	136		(c) The department shall request local stakeholders in a
133	137		catchment area, including those listed in Section 264.155(a)(8), to
134	138		provide any necessary information about the catchment area that
135	139		will assist the department in:
136	140		(1) preparing the department's request for bids,
137	141		proposals, or other applicable expressions of interest to provide
138	142		community-based care in the catchment area; and
139	143		(2) selecting a single source continuum contractor to
140	144		provide community-based care in the catchment area.
141	145		SECTION 8. Section 264.155, Family Code, is amended to read
142	146		as follows:
143	147		Sec. 264.155. REQUIRED CONTRACT PROVISIONS. (a) A
144	148		contract with a single source continuum contractor to provide
145	149		community-based care services in a catchment area must include
146	150		provisions that:
147	151		(1) establish a timeline for the implementation of
148	152		community-based care in the catchment area, including a timeline
149	153		for implementing:
150	154		(A) case management services for children,
151	155		families, and relative and kinship caregivers receiving services in
152	156		the catchment area; and
153	157		(B) family reunification support services to be
154	158		provided after a child receiving services from the contractor is
155	159		returned to the child's family;
156	160		(2) establish conditions for the single source
157	161		continuum contractor's access to relevant department data and
158	162		require the participation of the contractor in the data access and
159	163		standards governance council created under Section 264.159;
160	164		(3) require the single source continuum contractor to
161	165		create a single process for the training and use of alternative
162	166		caregivers for all child-placing agencies in the catchment area to
163	167		facilitate reciprocity of licenses for alternative caregivers
164	168		between agencies, including respite and overnight care providers,
165	169		as those terms are defined by department rule;
166	170		(4) require the single source continuum contractor to
167	171		maintain a diverse network of service providers that offer a range
168	172		of foster capacity options and that can accommodate children from
169	173		diverse cultural backgrounds;
170	174		(5) allow the department to conduct a performance
171	175		review of the contractor beginning 18 months after the contractor
172	176		has begun providing case management and family reunification
173	177		support services to all children and families in the catchment area
174	178		and determine if the contractor has achieved any performance
175	179		outcomes specified in the contract;
176	180		(6) following the review under Subdivision (5), allow
177	181		the department to:
178	182		(A) impose financial penalties on the contractor
179	183		for failing to meet any specified performance outcomes; or
180	184		(B) award financial incentives to the contractor
181	185		for exceeding any specified performance outcomes;
182	186		(7) require the contractor to give preference for
183	187		employment to employees of the department:
184	188		(A) whose position at the department is impacted
185	189		by the implementation of community-based care; and
186	190		(B) who are considered by the department to be
187	191		employees in good standing;
188	192		(8) require the contractor to provide preliminary and
189	193		ongoing community engagement plans to ensure communication and
190	194		collaboration with local stakeholders in the catchment area,
191	195		including any of the following:
192	196		(A) community faith-based entities;
193	197		(B) the judiciary;
194	198		(C) court-appointed special advocates;
195	199		(D) child advocacy centers;
196	200		(E) service providers;
197	201		(F) foster families;
198	202		(G) biological parents;
199	203		(H) foster youth and former foster youth;
200	204		(I) relative or kinship caregivers;
201	205		(J) child welfare boards, if applicable;
202	206		(K) attorneys ad litem;
203	207		(L) attorneys that represent parents involved in
204	208		suits filed by the department; and
205	209		(M) any other stakeholders, as determined by the
206	210		contractor; and
207	211		(9) require that the contractor comply with any
208	212		applicable court order issued by a court of competent jurisdiction
209	213		in the case of a child for whom the contractor has assumed case
210	214		management responsibilities or an order imposing a requirement on
211	215		the department that relates to functions assumed by the contractor.
212	216		(b) A contract with a single source continuum contractor
213	217		under this subchapter must be consistent with the requirements of
214	218		applicable law and may only include terms authorized by the laws or
215	219		rules of this state.
216	220		(c) In regions identified for implementing community-based
217	221		care and in regions where community-based care has been
218	222		implemented, a contractor may apply to the department for a waiver
219	223		from any statutory and regulatory requirement to increase
220	224		innovation and flexibility for achieving contractual performance
221	225		outcomes.
222	226		SECTION 9. Sections 264.157(a), (b), and (c), Family Code,
223	227		are amended to read as follows:
224	228		(a) Not later than the last day of the state fiscal biennium
225	229		[December 31, 2019], the department shall:
226	230		(1) identify the [not more than eight] catchment areas
227	231		in the state where the department will implement [that are best
228	232		suited to implement] community-based care; and
229	233		(2) following the implementation of community-based
230	234		care services in those catchment areas, retain an entity based in
231	235		this state that is independent of the department to conduct an
232	236		evaluation of [evaluate] the implementation process and the single
233	237		source continuum contractor performance in each catchment area.
234	238		(b) Notwithstanding the process for the expansion of
235	239		community-based care described in Subsection (a), [and in
236	240		accordance with the community-based care implementation plan
237	241		developed under Section 264.153, beginning September 1, 2017,] the
238	242		department shall accept and evaluate unsolicited proposals [begin
239	243		accepting applications] from entities based in this state to
240	244		provide community-based care services in a geographic service
241	245		[designated catchment] area where the department has not
242	246		implemented community-based care. An entity that submits a proposal
243	247		to provide community-based care services must ensure that it meets
244	248		all criteria outlined by this subchapter and must demonstrate
245	249		established connections to the area the entity proposes to
246	250		serve. The Health and Human Services Commission in conjunction with
247	251		the department shall adopt rules to ensure that proposals submitted
248	252		under this subsection comply with state procurement laws and rules.
249	253		(c) In expanding community-based care, the department may
250	254		change the geographic boundaries of catchment areas as necessary to
251	255		align with specific communities or to enable satisfactory
252	256		unsolicited proposals for community-based care services to be
253	257		accepted and implemented.
254	258		SECTION 10. Section 264.158, Family Code, is amended by
255	259		adding Subsection (d) to read as follows:
256	260		(d) A single source continuum contractor may implement its
257	261		own procedures to execute the department's statutory duties the
258	262		contractor assumes and is not required to follow the department's
259	263		procedures to execute the assumed department duties.
260	264		SECTION 11. Section 264.159, Family Code, is amended to
261	265		read as follows:
262	266		Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.
263	267		(a) The department shall create a data access and standards
264	268		governance council to develop protocols for the interoperable
265	269		electronic transfer of data from single source continuum
266	270		contractors to the department to allow the contractors to perform
267	271		case management functions and additional contracted services by the
268	272		department.
269	273		(b) The council shall develop protocols for the access,
270	274		management, and security of case data that is electronically shared
271	275		between [by] a single source continuum contractor and [with] the
272	276		department.
273	277		(c) The council shall develop protocols for the access,
274	278		management, and security of data shared with an independent entity
275	279		retained to conduct the independent evaluations required under this
276	280		subchapter. The protocols shall ensure the entity has full,
277	281		unrestricted access to all relevant data necessary to perform an
278	282		evaluation.
279	283		(d) The council consists of single source continuum
280	284		contractors with active contracts and department employees who
281	285		provide data, legal, information technology, and child protective
282	286		services. The council shall meet at least quarterly during each
283	287		calendar year.
284	288		SECTION 12. Subchapter B-1, Chapter 264, Family Code, is
285	289		amended by adding Sections 264.171 and 264.172 to read as follows:
286	290		Sec. 264.171. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
287	291		COMMUNITY-BASED CARE TRANSITION. (a) Notwithstanding Section
288	292		264.0011, in this section:
289	293		(1) "Commission" means the Health and Human Services
290	294		Commission.
291	295		(2) "Committee" means the Joint Legislative Oversight
292	296		Committee on Community-Based Care Transition.
293	297		(3) "Department" means the Department of Family and
294	298		Protective Services.
295	299		(b) The Joint Legislative Oversight Committee on
296	300		Community-Based Care Transition is composed of six voting members
297	301		as follows:
298	302		(1) three members of the senate, appointed by the
299	303		lieutenant governor; and
300	304		(2) three members of the house of representatives,
301	305		appointed by the speaker of the house of representatives.
302	306		(c) The lieutenant governor and speaker of the house of
303	307		representatives shall each appoint a member described by Subsection
304	308		(b)(1) or (2), respectively, to serve as joint chairs of the
305	309		committee.
306	310		(d) The committee shall meet at the call of the joint chairs
307	311		and may consider public testimony.
308	312		(e) The committee may employ persons necessary to carry out
309	313		this section through funds made available by the legislature.
310	314		(f) The committee shall monitor and report to the
311	315		legislature on the following related to the implementation of
312	316		community-based care:
313	317		(1) the funding of community-based care;
314	318		(2) the performance and outcomes of community-based
315	319		care statewide and by region;
316	320		(3) statutory or regulatory barriers to the successful
317	321		implementation of community-based care; and
318	322		(4) other challenges to the successful implementation
319	323		of community-based care.
320	324		(g) The committee may request any relevant information from
321	325		the commission, the department, or another relevant state agency,
322	326		and the commission, department, or agency shall comply with the
323	327		request, unless the provision of the information is prohibited by
324	328		state or federal law.
325	329		(h) Not later than January 1 of each odd-numbered year, the
326	330		committee shall submit a written report of the committee's findings
327	331		and recommendations to the governor, the lieutenant governor, the
328	332		speaker of the house of representatives, and each member of the
329	333		standing committees of the senate and house of representatives
330	334		having primary jurisdiction over child welfare issues.
331	335		(i) The committee shall monitor the continued
332	336		implementation of community-based care and hold public hearings to
333	337		receive comments from the public on the implementation of
334	338		community-based care.
335	339		Sec. 264.172. OFFICE OF COMMUNITY-BASED CARE TRANSITION.
336	340		(a) In this section:
337	341		(1) "Department" means the Department of Family and
338	342		Protective Services.
339	343		(2) "Office" means the Office of Community-Based Care
340	344		Transition created under this section.
341	345		(b) The Office of Community-Based Care Transition is a state
342	346		agency independent of but administratively attached to the
343	347		department.
344	348		(c) The office shall:
345	349		(1) assess catchment areas in this state where
346	350		community-based care services may be implemented;
347	351		(2) develop a plan for implementing community-based
348	352		care in each catchment area in this state, including the order in
349	353		which community-based care will be implemented in each catchment
350	354		area and a timeline for implementation;
351	355		(3) evaluate community-based care providers;
352	356		(4) contract, on behalf of the department, with
353	357		community-based care providers to provide services in each
354	358		catchment area in this state;
355	359		(5) measure contract performance of community-based
356	360		care providers;
357	361		(6) provide contract oversight of community-based
358	362		care providers;
359	363		(7) report outcomes of community-based care
360	364		providers;
361	365		(8) identify the employees and other resources to be
362	366		transferred to the community-based care provider to provide the
363	367		necessary implementation, case management, operational, and
364	368		administrative functions and outline the methodology for
365	369		determining the employees and resources to be transferred;
366	370		(9) create a risk-sharing funding model that
367	371		strategically and explicitly balances financial risk between this
368	372		state and the community-based care provider and mitigates the
369	373		financial effects of significant unforeseen changes in the
370	374		community-based care provider's duties or the population of the
371	375		region it serves; and
372	376		(10) require the annual review and adjustment of the
373	377		funding based on updated cost and finance methodologies, including
374	378		changes in policy, foster care rates, and regional service usage.
375	379		(d) The department shall provide any administrative support
376	380		the office needs, and the department and the Health and Human
377	381		Services Commission shall provide access to any information and
378	382		legal counsel the office requires to implement community-based
379	383		care.
380	384		(e) The governor shall appoint the director of the office to
381	385		serve in that capacity at the pleasure of the governor. The
382	386		director reports directly to the governor.
383	387		(f) The office shall report to the legislature at least once
384	388		each calendar quarter regarding the implementation of
385	389		community-based care in the state.
386	390		(g) A provision of this subchapter applicable to the
387	391		department with respect to any duty assigned by this section to the
388	392		office applies to the office in the same manner as the provision
389	393		would apply to the department.
390	394		(h) Except as otherwise provided by this section, the
391	395		department retains the powers and duties provided by this
392	396		subchapter to the department.
393	397		(i) The office is abolished and this section expires on the
394	398		date that community-based care is implemented in the last
395	399		department region in this state.
396	400		SECTION 13. (a) Subchapter A, Chapter 533, Government
397	401		Code, is amended by adding Sections 533.00521 and 533.00522 to read
398	402		as follows:
399	403		Sec. 533.00521. STAR HEALTH PROGRAM: HEALTH CARE FOR
400	404		FOSTER CHILDREN. (a) The commission shall annually evaluate the
401	405		use of benefits under the Medicaid program in the STAR Health
402	406		program offered to children in foster care and provide
403	407		recommendations to the Department of Family and Protective Services
404	408		and each single source continuum contractor in this state to better
405	409		coordinate the provision of health care and use of those benefits
406	410		for children in foster care.
407	411		(b) In conducting the evaluation required under Subsection
408	412		(a), the commission shall:
409	413		(1) collaborate with residential child-care providers
410	414		regarding any unmet needs of children in foster care and the
411	415		development of capacity for providing quality medical, behavioral
412	416		health, and other services for children in foster care; and
413	417		(2) identify options to obtain federal matching funds
414	418		under the Medical Assistance Program to pay for a safe home-like or
415	419		community-based residential setting for a child in the
416	420		conservatorship of the Department of Family and Protective
417	421		Services:
418	422		(A) who is identified or diagnosed as having a
419	423		serious behavioral or mental health condition that requires
420	424		intensive treatment;
421	425		(B) who is identified as a victim of serious
422	426		abuse or serious neglect;
423	427		(C) for whom a traditional substitute care
424	428		placement contracted for or purchased by the department is not
425	429		available or would further denigrate the child's behavioral or
426	430		mental health condition; or
427	431		(D) for whom the department determines a safe
428	432		home-like or community-based residential placement could stabilize
429	433		the child's behavioral or mental health condition in order to
430	434		return the child to a traditional substitute care placement.
431	435		(c) The commission shall report its findings to the standing
432	436		committees of the senate and house of representatives having
433	437		jurisdiction over the Department of Family and Protective Services.
434	438		Sec. 533.00522. STAR HEALTH PROGRAM: MENTAL HEALTH
435	439		PROVIDERS. A contract between a Medicaid managed care organization
436	440		and the commission for the organization to provide health care
437	441		services to recipients under the STAR Health program must require
438	442		the organization to ensure the organization maintains a network of
439	443		mental and behavioral health providers, including child
440	444		psychiatrists and other appropriate providers, in all Department of
441	445		Family and Protective Services regions in this state, regardless of
442	446		whether community-based care has been implemented in any region.
443	447		(b) The changes in law made by this section apply only to a
444	448		contract for the provision of health care services under the STAR
445	449		Health program between the Health and Human Services Commission and
446	450		a Medicaid managed care organization under Chapter 533, Government
447	451		Code, that is entered into, renewed, or extended on or after the
448	452		effective date of this section.
449	453		(c) If before implementing Section 533.00522, Government
450	454		Code, as added by this section, the Health and Human Services
451	455		Commission determines that a waiver or authorization from a federal
452	456		agency is necessary for implementation of that provision, the
453	457		health and human services agency affected by the provision shall
454	458		request the waiver or authorization and may delay implementing that
455	459		provision until the waiver or authorization is granted.
456	460		SECTION 14. Section 2155.089(c), Government Code, is
457	461		amended to read as follows:
458	462		(c) This section does not apply to:
459	463		(1) an enrollment contract described by 1 T.A.C.
460	464		Section 391.183 as that section existed on September 1, 2015;
461	465		(2) a contract of the Employees Retirement System of
462	466		Texas except for a contract with a nongovernmental entity for
463	467		claims administration of a group health benefit plan under Subtitle
464	468		H, Title 8, Insurance Code; [or]
465	469		(3) a contract entered into by:
466	470		(A) the comptroller under Section 2155.061; or
467	471		(B) the Department of Information Resources
468	472		under Section 2157.068; or
469	473		(4) a child-specific contract entered into by the
470	474		Department of Family and Protective Services for a child without
471	475		placement.
472	476		SECTION 15. Section 2155.144(a), Government Code, is
473	477		amended to read as follows:
474	478		(a) This section applies only to the Health and Human
475	479		Services Commission, [and to] each health and human services
476	480		agency, and the Department of Family and Protective Services. For
477	481		the purposes of this section, the Department of Family and
478	482		Protective Services is considered a health and human services
479	483		agency.
480	484		SECTION 16. Subchapter C, Chapter 40, Human Resources Code,
481	485		is amended by adding Section 40.05291 to read as follows:
482	486		Sec. 40.05291. ELECTRONIC CASE MANAGEMENT SYSTEM. (a) The
483	487		department shall develop a plan to eliminate the department's use
484	488		of paper case files and fully transition to an electronic case
485	489		management system.
486	490		(b) The department shall implement a fully electronic case
487	491		management system not later than September 1, 2023.
488	492		(c) This section expires September 1, 2025.
489	493		SECTION 17. Subchapter C, Chapter 40, Human Resources Code,
490	494		is amended by adding Section 40.0583 to read as follows:
491	495		Sec. 40.0583. STATE AUDITOR REVIEW OF CONTRACTS. The state
492	496		auditor shall annually review the department's performance-based
493	497		contracts to determine whether the department is properly enforcing
494	498		contract provisions with providers and to provide recommendations
495	499		for improving department oversight and execution of contracts.
496	500		SECTION 18. Subchapter C, Chapter 40, Human Resources Code,
497	501		is amended by adding Section 40.081 to read as follows:
498	502		Sec. 40.081. IMPLEMENTATION OF FEDERAL LAW. (a) In
499	503		furtherance of department duties under Section 40.002(d), the
500	504		department shall to the greatest extent possible develop capacity
501	505		for placement settings that are eligible for federal financial
502	506		participation under 42 U.S.C. Section 672, including settings:
503	507		(1) specializing in providing prenatal, postpartum,
504	508		or parenting support for youth;
505	509		(2) providing high-quality residential care and
506	510		supportive services to children and youth who this state has
507	511		reasonable cause to believe are, or who are at risk of being, sex
508	512		trafficking victims in accordance with 42 U.S.C. Section
509	513		671(a)(9)(C);
510	514		(3) providing supervised independent living for young
511	515		adults;
512	516		(4) offering residential family-based substance abuse
513	517		treatment as described by 42 U.S.C. Section 672(j); and
514	518		(5) serving as a qualified residential treatment
515	519		program.
516	520		(b) In developing capacity for settings described by
517	521		Subsection (a)(2), the department shall:
518	522		(1) promote the use of nationally recognized tools
519	523		such as the Commercial Sexual Exploitation-Identification Tool
520	524		(CSE-IT) and any other indicated treatment models or best practices
521	525		for the treatment and prevention of sex trafficking victimization;
522	526		and
523	527		(2) use providers that:
524	528		(A) use a trauma-informed care model;
525	529		(B) have defined programming to address the
526	530		specific needs of trafficking survivors and youth at risk of
527	531		trafficking;
528	532		(C) have leadership and direct-care staff who
529	533		have completed training regarding the specific needs of trafficking
530	534		survivors and youth at risk of trafficking;
531	535		(D) have established policies and procedures to
532	536		minimize risk to a child who is a victim of trafficking placed with
533	537		the provider and other children placed with the provider, including
534	538		risks related to running away from the placement or becoming a
535	539		victim of trafficking; and
536	540		(E) provide case management services or contract
537	541		with an entity in the geographic area of the provider to provide
538	542		case management services to trafficking victims or potential
539	543		victims.
540	544		SECTION 19. Subchapter B, Chapter 42, Human Resources Code,
541	545		is amended by adding Section 42.026 to read as follows:
542	546		Sec. 42.026. ACCESS TO DATABASE. (a) The commission shall
543	547		make the child-care licensing division's searchable database
544	548		accessible to commission and department investigators.
545	549		(b) The department shall make the department's searchable
546	550		database accessible to commission and department investigators.
547	551		SECTION 20. Subchapter C, Chapter 42, Human Resources Code,
548		-	is amended by adding Section 42.0433 to read as follows:
549		-	Sec. 42.0433. SUICIDE PREVENTION, INTERVENTION, AND
550		-	POSTVENTION PLAN. (a) In this section, "postvention" has the
551		-	meaning assigned by Section 38.351, Education Code.
552		-	(b) The executive commissioner by rule shall adopt a model
553		-	suicide prevention, intervention, and postvention policy for use by
554		-	a residential child-care facility. The model policy must:
555		-	(1) be based on current and best evidence-based
556		-	practices;
557		-	(2) require all employees of the facility to receive
558		-	annual suicide prevention training that includes understanding of
559		-	safety planning and screening for risk;
560		-	(3) promote suicide prevention training for
561		-	non-employee entities, as appropriate; and
562		-	(4) include procedures to support children who return
563		-	to the facility following hospitalization for a mental health
564		-	condition.
565		-	(c) Each residential child-care facility shall adopt a
566		-	suicide prevention, intervention, and postvention policy. A
567		-	residential child-care facility may adopt:
568		-	(1) the model policy adopted by the executive
569		-	commissioner under Subsection (b); or
570		-	(2) another suicide prevention, intervention, and
571		-	postvention policy approved by the executive commissioner.
572		-	(d) The suicide prevention, intervention, and postvention
573		-	policy adopted under Subsection (c) may be part of a broader mental
574		-	health crisis plan if the components of the plan include suicide
575		-	prevention, intervention, and postvention.
576		-	(e) The commission shall provide to a residential
577		-	child-care facility any technical assistance necessary to adopt or
578		-	implement a suicide prevention, intervention, and postvention
579		-	policy.
580		-	SECTION 21. Subchapter C, Chapter 42, Human Resources Code,
581	552		is amended by adding Sections 42.0538 and 42.0583 to read as
582	553		follows:
583	554		Sec. 42.0538. PROVISIONAL LICENSE FOR KINSHIP PROVIDER.
584	555		(a) The executive commissioner by rule shall allow a child-placing
585	556		agency to issue a provisional license for a kinship provider, as
586	557		defined by Section 264.851, Family Code, who meets the basic safety
587	558		requirements provided by commission rule. A kinship provider
588	559		issued a provisional license under this section shall complete all
589	560		licensing requirements within the time provided by rule.
590	561		(b) The executive commissioner shall ensure that the
591	562		implementation of this section does not reduce the amount of
592	563		federal money available to this state.
593	564		Sec. 42.0583. IDENTIFYING AT-RISK PROVIDERS. (a) The
594	565		department shall use data analytics collected regarding
595	566		residential child-care providers, including general residential
596	567		operations providing treatment services to young adults with
597	568		emotional disorders, to develop an early warning system to identify
598	569		at-risk providers most in need of technical support and to promote
599	570		corrective actions and minimize standard violations.
600	571		(b) The system developed under Subsection (a) must
601	572		distinguish between different levels of risk using a multi-point
602	573		severity scale. The department shall make information regarding the
603	574		severity scale available to:
604	575		(1) the standing committees of the senate and the
605	576		house of representatives with oversight of child-care facilities;
606	577		and
607	578		(2) the public through the department's Internet
608	579		website.
609		-	SECTION 22. Subchapter D, Chapter 42, Human Resources Code,
	580	+	SECTION 21. Subchapter D, Chapter 42, Human Resources Code,
610	581		is amended by adding Section 42.080 to read as follows:
611	582		Sec. 42.080. DISCIPLINARY ACTION PROHIBITED. The
612	583		commission may not issue a citation to or take any other
613	584		disciplinary action against a general residential operation or a
614	585		child-placing agency for failing to employ a licensed child-care
615	586		administrator or licensed child-placing administrator, as
616	587		appropriate, if the operation or agency has:
617	588		(1) been without an administrator for less than 60
618	589		days; and
619	590		(2) made substantial efforts to hire a qualified
620	591		administrator.
621		-	SECTION 23. Section 42.252(c), Human Resources Code, is
622		-	amended to read as follows:
623		-	(c) The operational plan must include:
624		-	(1) a community engagement plan to develop and, if
625		-	necessary, improve relations between the general residential
626		-	operation and the community in which the operation is located that
627		-	includes:
628		-	(A) a summary of any discussions the operation
629		-	had with:
630		-	(i) local law enforcement; and
631		-	(ii) local health, therapeutic, and
632		-	recreational resources available to support children at the
633		-	operation; and
634		-	(B) a summary of the opportunities the children
635		-	at the operation will have for social interaction in the community;
636		-	(2) an educational plan describing the applicant's
637		-	plan to provide for the educational needs of the children at the
638		-	general residential operation that:
639		-	(A) identifies whether the proposed operation
640		-	will provide for the public or private education of school-age
641		-	children at the operation;
642		-	(B) identifies whether the proposed operation
643		-	will provide for the education of school-age children through a
644		-	local school, off-site charter school, or on-site charter school;
645		-	(C) includes any discussions, plans, and
646		-	agreements with the local school district, private school, or local
647		-	charter school that will be providing education to the school-age
648		-	children at the operation; and
649		-	(D) if the children are to be enrolled in a public
650		-	school, includes either:
651		-	(i) a statement from the local independent
652		-	school district on the impact of the proposed child-care services
653		-	on the local school district; or
654		-	(ii) an explanation of the reasons the
655		-	operation was unable to obtain a statement described by
656		-	Subparagraph (i) and a discussion of other alternative educational
657		-	services that the operation could offer;
658		-	(3) a trauma-informed plan to address unauthorized
659		-	absences of children from the general residential operation; [and]
660		-	(4) a suicide prevention, intervention, and
661		-	postvention plan that meets the requirements of Section 42.0433;
662		-	and
663		-	(5) the qualifications, background, and history,
664		-	including any compliance history, of each individual who is
665		-	proposed to be involved in:
666		-	(A) the management of the operation; and
667		-	(B) the educational leadership of the operation
668		-	if the operation will be using an on-site charter school.
669		-	SECTION 24. Subchapter H, Chapter 42, Human Resources Code,
	592	+	SECTION 22. Subchapter H, Chapter 42, Human Resources Code,
670	593		is amended by adding Sections 42.2541, 42.256, 42.257, 42.258,
671	594		42.259, and 42.260 to read as follows:
672	595		Sec. 42.2541. IMPROVING EDUCATION SERVICES FOR CHILDREN.
673	596		(a) The department shall develop a strategic plan for improving the
674	597		provision of educational services to children placed in a general
675	598		residential operation.
676	599		(b) The department shall report to the Texas Education
677	600		Agency the educational outcomes for children placed in a general
678	601		residential operation.
679	602		(c) The department and the Texas Education Agency shall
680	603		annually evaluate the educational outcomes for children placed in a
681	604		general residential operation and adopt strategies and policies to
682	605		improve the outcomes and standards.
683	606		Sec. 42.256. TREATMENT MODEL. (a) Each general
684	607		residential operation providing treatment services shall, on
685	608		issuance of an initial or renewal license under this chapter,
686	609		submit to the commission information on the operation's treatment
687	610		model. A general residential operation that contracts with the
688	611		department to provide residential care for children in foster care
689	612		shall submit information on the operation's treatment model to the
690	613		department on execution and renewal of a contract.
691	614		(b) The operation shall annually assess the overall
692	615		effectiveness of the model adopted under this section.
693	616		(c) The treatment model must address all aspects related to
694	617		children's care, including children's therapeutic needs. The model
695	618		shall include:
696	619		(1) the manner in which treatment goals will be
697	620		individualized and identified for each child;
698	621		(2) the method the operation will use to measure the
699	622		effectiveness of each treatment goal for the child;
700	623		(3) the actions the operation will take if the
701	624		treatment goals are not met; and
702	625		(4) the method the operation will use to monitor and
703	626		evaluate the effectiveness of the treatment model.
704	627		(d) A general residential operation may change a treatment
705	628		model adopted under this section after notifying the commission of
706	629		the change and submitting the new treatment model to the
707	630		commission.
708	631		(e) The executive commissioner may adopt rules to implement
709	632		this section.
710	633		(f) The general residential operation shall adopt policies
711	634		and procedures to implement the treatment model.
712	635		Sec. 42.257. EVALUATION OF PLACEMENTS. (a) A general
713	636		residential operation that considers accepting a child's placement
714	637		with the operation shall evaluate the proposed placement on the
715	638		following criteria:
716	639		(1) whether the child meets the operation's admission
717	640		criteria;
718	641		(2) whether the child would benefit from the treatment
719	642		model implemented at the operation; and
720	643		(3) whether the operation has the staff and resources
721	644		to meet the child's needs considering the other children at the
722	645		operation and the other children's needs.
723	646		(b) A general residential operation shall ensure that the
724	647		evaluation under Subsection (a) does not delay the timely placement
725	648		of a child.
726	649		Sec. 42.258. LIMIT ON PLACEMENTS FOR NEW FACILITY. If the
727	650		department or a single source continuum contractor contracts with a
728	651		general residential operation providing treatment services to
729	652		place children with the operation before the operation is licensed,
730	653		the contract must limit the number of children that may be placed at
731	654		the operation each month and limit the number of children with a
732	655		service level of specialized, intense, or intense plus until the
733	656		operation exhibits sustained compliance with the licensing
734	657		standards.
735	658		Sec. 42.259. TRANSITION PLANS. A general residential
736	659		operation shall develop a transition plan for each child who has
737	660		been placed at the operation for longer than six months.
738	661		Sec. 42.260. TELEHEALTH PILOT PROGRAM. The commission in
739	662		coordination with the department and single source continuum
740	663		contractors shall establish guidelines in the STAR Health program
741	664		to improve the use of telehealth services to provide and enhance
742	665		mental health and behavioral health care for children placed in the
743	666		managing conservatorship of the state.
744		-	SECTION 25. Section 43.0081, Human Resources Code, is
	667	+	SECTION 23. Section 43.0081, Human Resources Code, is
745	668		amended to read as follows:
746	669		Sec. 43.0081. PROVISIONAL LICENSE. (a) The commission
747	670		[department] may issue a provisional child-care administrator's
748	671		license to:
749	672		(1) an applicant licensed in another state who applies
750	673		for a license in this state if the applicant[. An applicant for a
751	674		provisional license under this section must]:
752	675		(A) is [(1) be] licensed in good standing as a
753	676		child-care administrator for at least two years in another state,
754	677		the District of Columbia, a foreign country, or a territory of the
755	678		United States that has licensing requirements that are
756	679		substantially equivalent to the requirements of this chapter;
757	680		(B) has [(2) have] passed a national or other
758	681		examination recognized by the commission [department] that
759	682		demonstrates competence in the field of child-care administration;
760	683		and
761	684		(C) is [(3) be] sponsored by a person licensed by
762	685		the commission [department] under this chapter with whom the
763	686		provisional license holder may practice under this section; and
764	687		(2) an applicant who:
765	688		(A) otherwise qualifies for a license but does
766	689		not meet the experience requirement in Section 43.004(a)(4); and
767	690		(B) complies with any additional requirement
768	691		established by rule under Subsection (e).
769	692		(b) The commission [department] may waive the requirement
770	693		of Subsection (a)(1)(C) [(a)(3)] for an applicant if the commission
771	694		[department] determines that compliance with that paragraph
772	695		[subsection] constitutes a hardship to the applicant.
773	696		(c) A provisional license under Subsection (a)(1) is valid
774	697		until the date the commission [department] approves or denies the
775	698		provisional license holder's application for a license. The
776	699		commission [department] shall issue a license under this chapter to
777	700		the provisional license holder described by Subsection (a)(1) if:
778	701		(1) the provisional license holder passes the
779	702		examination required by Section 43.004;
780	703		(2) the commission [department] verifies that the
781	704		provisional license holder has the academic and experience
782	705		requirements for a license under this chapter; and
783	706		(3) the provisional license holder satisfies any other
784	707		license requirements under this chapter.
785	708		(d) For a provisional license holder described by
786	709		Subsection (a)(1), the commission shall [The department must]
787	710		complete the processing of a provisional license holder's
788	711		application for a license not later than the 180th day after the
789	712		date the provisional license is issued. The commission
790	713		[department] may extend the 180-day limit if the results of the
791	714		license holder's examination have not been received by the
792	715		commission [department].
793	716		(e) The executive commissioner by rule may establish
794	717		additional requirements for the issuance of a provisional
795	718		child-care administrator's license under Subsection (a)(2)(A) as
796	719		the executive commissioner determines appropriate.
797		-	SECTION 26. The following provisions are repealed:
	720	+	SECTION 24. The following provisions are repealed:
798	721		(1) Section 264.156(c), Family Code;
799	722		(2) Section 264.169, Family Code; and
800	723		(3) Section 40.0581(f), Human Resources Code.
801		-	SECTION 27. (a) The Health and Human Services Commission,
	724	+	SECTION 25. (a) The Health and Human Services Commission,
802	725		in collaboration with the Department of Family and Protective
803	726		Services, shall review the Centers for Medicare and Medicaid
804	727		Services' Integrated Care for Kids (InCK) Model to determine
805	728		whether implementing the model could benefit children in this
806	729		state, including children enrolled in the STAR Health Medicaid
807	730		managed care program.
808	731		(b) Not later than December 1, 2022, the Health and Human
809	732		Services Commission shall report its findings to the governor and
810	733		legislature.
811	734		(c) This section expires September 1, 2023.
812		-	SECTION 28. Not later than July 1, 2022, the
813		-	executive commissioner of the Health and Human Services Commission
814		-	shall adopt the model suicide prevention, intervention, and
815		-	postvention policy required by Section 42.0433, Human Resources
816		-	Code, as added by this Act.
817		-	SECTION 29. Not later than December 1, 2022, the Department
	735	+	SECTION 26. Not later than December 1, 2022, the Department
818	736		of Family and Protective Services shall provide the legislature
819	737		with options for conducting:
820	738		(1) independent administrative reviews of department
821	739		investigations of licensed residential child-care facilities; and
822	740		(2) independent appeals of determinations from those
823	741		investigations.
824		-	SECTION 30. (a) The Department of Family and Protective
	742	+	SECTION 27. (a) The Department of Family and Protective
825	743		Services shall:
826	744		(1) study extending permanency care assistance
827	745		benefits to individuals who are not relatives of a foster child and
828	746		who do not have a longstanding and significant relationship with
829	747		the foster child before the child enters foster care; and
830	748		(2) assess the potential impact and favorable
831	749		permanency outcomes for children who might otherwise remain in
832	750		foster care for long periods or have managing conservatorship of
833	751		the child transferred without any benefits to the caregiver.
834	752		(b) Not later than December 31, 2022, the Department of
835	753		Family and Protective Services shall submit a report to the
836	754		legislature on the results of the study and assessment conducted
837	755		under this section and recommendations for further action based on
838	756		the study and assessment.
839	757		(c) This section expires September 1, 2023.
840		-	SECTION 31. Not later than January 1, 2025, the Department
	758	+	SECTION 28. Not later than January 1, 2025, the Department
841	759		of Family and Protective Services shall:
842	760		(1) transition the family-based safety services
843	761		program to evidence-based programs under the Family First
844	762		Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123);
845	763		(2) develop an implementation plan for the transition
846	764		of services; and
847	765		(3) develop community referrals to existing
848	766		prevention and early intervention programs.
849		-	SECTION 32. The executive commissioner of the Health and
	767	+	SECTION 29. The executive commissioner of the Health and
850	768		Human Services Commission shall adopt minimum standards related to
851	769		continuum-of-care operations, cottage home operations, and
852	770		specialized child-care homes as provided by Section 42.042, Human
853	771		Resources Code, as amended by Chapter 317 (H.B. 7), Acts of the 85th
854	772		Legislature, Regular Session, 2017, as soon as practicable after
855	773		the effective date of this Act but not later than January 1, 2024.
856		-	SECTION 33. The Health and Human Services Commission and
	774	+	SECTION 30. The Health and Human Services Commission and
857	775		the Department of Family and Protective Services shall jointly
858	776		evaluate the Consolidated Appropriations Act, 2021 (Pub. L.
859	777		116-260), to determine methods for maximizing this state's receipt
860	778		of federal funds to provide foster youth transition planning to
861	779		adulthood and additional services for foster youth and young adults
862	780		in extended foster care.
863		-	SECTION 34. (a) As soon as practicable after the effective
	781	+	SECTION 31. (a) As soon as practicable after the effective
864	782		date of this Act but not later than October 15, 2021, the governor
865	783		shall appoint the director of the Office of Community-Based Care
866	784		Transition as required by Section 264.172, Family Code, as added by
867	785		this Act.
868	786		(b) As soon as practicable after the effective date of this
869	787		Act, the Department of Family and Protective Services shall
870	788		transfer all money, contracts, leases, property, and obligations
871	789		related to the powers and duties of the Office of Community-Based
872	790		Care Transition to that office.
873		-	SECTION 35. The Office of Community-Based Care Transition,
	791	+	SECTION 32. The Office of Community-Based Care Transition,
874	792		the Department of Family and Protective Services, and the Health
875	793		and Human Services Commission are required to implement this Act
876	794		only if the legislature appropriates money specifically for that
877	795		purpose. If the legislature does not appropriate money
878	796		specifically for that purpose, the Office of Community-Based Care
879	797		Transition, the Department of Family and Protective Services, and
880	798		the Health and Human Services Commission may, but are not required
881	799		to, implement this Act using other appropriations available for the
882	800		purpose.
883		-	SECTION 36. This Act takes effect immediately if it
	801	+	SECTION 33. This Act takes effect immediately if it
884	802		receives a vote of two-thirds of all the members elected to each
885	803		house, as provided by Section 39, Article III, Texas Constitution.
886	804		If this Act does not receive the vote necessary for immediate
887	805		effect, this Act takes effect September 1, 2021.
888		-	______________________________ ______________________________
889		-	President of the Senate Speaker of the House
890		-	I hereby certify that S.B. No. 1896 passed the Senate on
891		-	April 27, 2021, by the following vote: Yeas 31, Nays 0; and that
892		-	the Senate concurred in House amendments on May 28, 2021, by the
893		-	following vote: Yeas 31, Nays 0.
894		-	______________________________
895		-	Secretary of the Senate
896		-	I hereby certify that S.B. No. 1896 passed the House, with
897		-	amendments, on May 24, 2021, by the following vote: Yeas 146,
898		-	Nays 0, one present not voting.
899		-	______________________________
900		-	Chief Clerk of the House
901		-	Approved:
902		-	______________________________
903		-	Date
904		-	______________________________
905		-	Governor