By: Schwertner S.B. No. 910
A BILL TO BE ENTITLED
AN ACT
relating to implementation options for community-based family
preservation services and the provision of certain other health and
human services by certain state agency 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 allow children to remain in their families of origin and
to ameliorate the effects 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 allow a child who has been abused or neglected or is at
risk of abuse or neglect to remain in the child's home.
(b) The department shall develop a comprehensive list of
options for implementing coordinated community-based family
preservation services in existing catchment areas, including:
(1) contracting with single source continuum
contractors to provide services; and
(2) procuring service providers through a competitive
bidding process.
(c) In developing the options under Subsection (b), the
department shall:
(1) examine existing department functions related to
family preservation, including assessments of child safety and
child removals, and make recommendations for incorporating the
functions into a contracted model;
(2) consider the results from community needs
assessments and capacity development plans conducted during the
preceding 10 years; and
(3) consider:
(A) contingent on appropriation, including Title
IV-E prevention services in the delivery of community-based family
preservation services and the appropriate use of those services;
(B) the financial modeling used to determine
implementation costs, including:
(i) start-up funding costs;
(ii) the cost of purchased client services;
(iii) strategies for shared financial risk;
and
(iv) rate methodology;
(C) procedures for transitioning between case
stages, including transitions from:
(i) investigation to family preservation;
and
(ii) family preservation to foster care;
(D) ways to maximize evidence-based services and
to increase the evidence base for family preservation programs in
this state;
(E) requirements for complying with federal law
to receive matching funds for certain prevention services;
(F) appropriate performance measures for
contracted services, including associated financial remedies and
incentives;
(G) ways to incorporate and to maximize existing
funding methods for and programs related to behavioral health and
substance use provided by the Health and Human Services Commission;
(H) appropriate contract provisions to ensure a
clear distinction of money, personnel, and processes for family
preservation services and foster care services;
(I) conflict resolution procedures between the
department and contractors concerning:
(i) service plans;
(ii) services; and
(iii) case action for 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 for legislative direction of the department's
implementation of community-based family preservation services.
(d) In developing implementation options under this
section, the department shall:
(1) incorporate relevant information obtained from
previous efforts and similar service models implemented in other
states;
(2) collaborate with the Health and Human Services
Commission as needed, including on:
(A) recommendations for the provision of
behavioral health and substance use services; and
(B) appropriate rate methodology; and
(3) allow interested persons to comment on the
provision of behavioral health and substance use services.
(e) The department may enter into any contracts the
department determines necessary to comply with this section.
(f) 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. The Department of Family and Protective Services
is required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations that are available
for that purpose.
SECTION 5. 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.