2021S0089-2 02/26/21
By: Schwertner S.B. No. 910
A BILL TO BE ENTITLED
AN ACT
relating to implementation options for the provision of
community-based family preservation services and certain other
health and human services by certain state agencies or contractors
and to the repeal of a prior pilot program for family-based safety
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B-1, Chapter 264, Family Code, is
amended by adding Section 264.1691 to read as follows:
Sec. 264.1691. COMMUNITY-BASED FAMILY PRESERVATION
SERVICES. (a) In this section:
(1) "Community-based family preservation services"
means family preservation services provided by a community-based
entity under a contract with the department.
(2) "Family preservation services" means services
designed to maintain children in their families of origin and
ameliorate the effects of abuse or neglect, or reduce the risk of
abuse or neglect. The term includes:
(A) family support services;
(B) services to promote safe and stable families;
(C) Title IV-E prevention services;
(D) family-based safety services; and
(E) any similar efforts of the department or its
designees to maintain a child who:
(i) has been abused or neglected in the
child's home; or
(ii) is at direct risk of abuse or neglect
in the child's home.
(b) The department shall develop a comprehensive list of
options for how to implement coordinated community-based family
preservation services through:
(1) contract with current single-source continuum
contractors in existing catchment areas; and
(2) competitive procurement for contractors in
existing catchment areas.
(c) In developing the list of options under Subsection (b),
the department shall:
(1) compare existing department functions related to
family preservation, including assessments of child safety and
child removals, and examine how these functions would be completed
in a contracted model;
(2) consider the results from previous community needs
assessments and capacity development plans conducted within the
last 10 years; and
(3) consider:
(A) Title IV-E prevention services in the
delivery of community-based family preservation services and,
contingent upon appropriation, the appropriate use of these
services;
(B) financial modeling to be used to determine
cost for implementation, including the costs of:
(i) startup funding;
(ii) purchased client services;
(iii) strategies for shared financial risk;
and
(iv) rate methodology;
(C) procedures related to transitions between
case stages, including:
(i) from investigations to family
preservation; and
(ii) from family preservation to foster
care;
(D) how to maximize evidence-based services and
methods to increase the evidence base for Texas family preservation
programs;
(E) requirements necessary to comply with
federal statutes in order to receive matching funds for certain
prevention services;
(F) appropriate performance measures for
contracted services, including associated financial remedies and
incentives;
(G) how to maximize existing funding streams and
programs related to behavioral health and substance use within the
Health and Human Services Commission;
(H) appropriate contract provisions to ensure a
clear distinction of funds, personnel, and processes for family
preservation services and foster care services;
(I) conflict resolution procedures between the
department and any contractors concerning:
(i) service plans;
(ii) services; and
(iii) case action for any children or
families served by a contractor;
(J) appropriate oversight structures to manage
contract compliance, contractor performance, and child and family
safety;
(K) appropriate contract provisions to ensure
community engagement, including appropriate partnerships with
faith-based organizations;
(L) recommendations for statutory changes
necessary to support the department's implementation options; and
(M) any other information the department
determines necessary to inform the legislature about how to direct
the department on the implementation of community-based family
preservation services.
(d) In developing implementation options under this
section, the department shall incorporate relevant information
already developed through prior efforts. The department shall also
consider similar service models in other states.
(e) In developing implementation options under this
section, the department shall collaborate with the Health and Human
Services Commission as needed, including on:
(1) recommendations for the provision of behavioral
health and substance use services; and
(2) appropriate rate methodology.
(f) In developing implementation options under this
section, the department shall allow for stakeholder input on the
provision of behavioral health and substance use services.
(g) The department may contract for any or all of the
requirements of this section.
(h) This section expires August 31, 2023.
SECTION 2. The following laws are repealed:
(1) Section 264.169, Family Code; and
(2) Section 40.0581(f), Human Resources Code.
SECTION 3. Not later than October 1, 2022, the Department of
Family and Protective Services shall submit copies of the options
described by Section 264.1691, Family Code, as added by this Act,
along with any associated recommendations, to the:
(1) governor;
(2) lieutenant governor;
(3) speaker of the house of representatives;
(4) House Committee on Appropriations;
(5) Senate Committee on Finance;
(6) House Committee on Human Services; and
(7) Senate Committee on Health and Human Services.
SECTION 4. 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.