S.B. No. 910
AN ACT
relating to a study of options for implementing family preservation
services, the provision of certain other health and human services
by certain state agency contractors, and 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. STUDY OF OPTIONS FOR IMPLEMENTING FAMILY
PRESERVATION SERVICES. (a) In this section, "family preservation
service" means a time-limited, family-focused service, including:
(1) a service subject to the Family First Prevention
Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to
the family of a child who is:
(A) a candidate for foster care to prevent or
eliminate the need to remove the child and to allow the child to
remain safely with the child's family; or
(B) a pregnant or parenting foster youth;
(2) enhanced in-home support services and
non-recurring financial support to promote safe and stable
families; and
(3) services to promote self-sufficiency and prevent
further need for interaction in the child welfare system.
(b) The department shall study and develop a comprehensive
list of options for implementing 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
the stage of service the department describes as family-based
safety services, 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 910 passed the Senate on
April 23, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 910 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 139,
Nays 8, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor