Texas 2021 - 87th Regular

Texas Senate Bill SB910 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 910
	1	+	87R24802 MCK-F
	2	+	By: Schwertner S.B. No. 910
	3	+	(Frank)
	4	+	Substitute the following for S.B. No. 910: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to a study of options for implementing family preservation
6	10		services, the provision of certain other health and human services
7	11		by certain state agency contractors, and the repeal of a prior pilot
8	12		program for family-based safety services.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Subchapter B-1, Chapter 264, Family Code, is
11	15		amended by adding Section 264.1691 to read as follows:
12	16		Sec. 264.1691. STUDY OF OPTIONS FOR IMPLEMENTING FAMILY
13	17		PRESERVATION SERVICES. (a) In this section, "family preservation
14	18		service" means a time-limited, family-focused service, including:
15	19		(1) a service subject to the Family First Prevention
16	20		Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to
17	21		the family of a child who is:
18	22		(A) a candidate for foster care to prevent or
19	23		eliminate the need to remove the child and to allow the child to
20	24		remain safely with the child's family; or
21	25		(B) a pregnant or parenting foster youth;
22	26		(2) enhanced in-home support services and
23	27		non-recurring financial support to promote safe and stable
24	28		families; and
25	29		(3) services to promote self-sufficiency and prevent
26	30		further need for interaction in the child welfare system.
27	31		(b) The department shall study and develop a comprehensive
28	32		list of options for implementing family preservation services in
29	33		existing catchment areas, including:
30	34		(1) contracting with single source continuum
31	35		contractors to provide services; and
32	36		(2) procuring service providers through a competitive
33	37		bidding process.
34	38		(c) In developing the options under Subsection (b), the
35	39		department shall:
36	40		(1) examine existing department functions related to
37	41		the stage of service the department describes as family-based
38	42		safety services, including assessments of child safety and child
39	43		removals, and make recommendations for incorporating the functions
40	44		into a contracted model;
41	45		(2) consider the results from community needs
42	46		assessments and capacity development plans conducted during the
43	47		preceding 10 years; and
44	48		(3) consider:
45	49		(A) contingent on appropriation, including Title
46	50		IV-E prevention services in the delivery of community-based family
47	51		preservation services and the appropriate use of those services;
48	52		(B) the financial modeling used to determine
49	53		implementation costs, including:
50	54		(i) start-up funding costs;
51	55		(ii) the cost of purchased client services;
52	56		(iii) strategies for shared financial risk;
53	57		and
54	58		(iv) rate methodology;
55	59		(C) procedures for transitioning between case
56	60		stages, including transitions from:
57	61		(i) investigation to family preservation;
58	62		and
59	63		(ii) family preservation to foster care;
60	64		(D) ways to maximize evidence-based services and
61	65		to increase the evidence base for family preservation programs in
62	66		this state;
63	67		(E) requirements for complying with federal law
64	68		to receive matching funds for certain prevention services;
65	69		(F) appropriate performance measures for
66	70		contracted services, including associated financial remedies and
67	71		incentives;
68	72		(G) ways to incorporate and to maximize existing
69	73		funding methods for and programs related to behavioral health and
70	74		substance use provided by the Health and Human Services Commission;
71	75		(H) appropriate contract provisions to ensure a
72	76		clear distinction of money, personnel, and processes for family
73	77		preservation services and foster care services;
74	78		(I) conflict resolution procedures between the
75	79		department and contractors concerning:
76	80		(i) service plans;
77	81		(ii) services; and
78	82		(iii) case action for children or families
79	83		served by a contractor;
80	84		(J) appropriate oversight structures to manage
81	85		contract compliance, contractor performance, and child and family
82	86		safety;
83	87		(K) appropriate contract provisions to ensure
84	88		community engagement, including appropriate partnerships with
85	89		faith-based organizations;
86	90		(L) recommendations for statutory changes
87	91		necessary to support the department's implementation options; and
88	92		(M) any other information the department
89	93		determines necessary for legislative direction of the department's
90	94		implementation of community-based family preservation services.
91	95		(d) In developing implementation options under this
92	96		section, the department shall:
93	97		(1) incorporate relevant information obtained from
94	98		previous efforts and similar service models implemented in other
95	99		states;
96	100		(2) collaborate with the Health and Human Services
97	101		Commission as needed, including on:
98	102		(A) recommendations for the provision of
99	103		behavioral health and substance use services; and
100	104		(B) appropriate rate methodology; and
101	105		(3) allow interested persons to comment on the
102	106		provision of behavioral health and substance use services.
103	107		(e) The department may enter into any contracts the
104	108		department determines necessary to comply with this section.
105	109		(f) This section expires August 31, 2023.
106	110		SECTION 2. The following laws are repealed:
107	111		(1) Section 264.169, Family Code; and
108	112		(2) Section 40.0581(f), Human Resources Code.
109	113		SECTION 3. Not later than October 1, 2022, the Department of
110	114		Family and Protective Services shall submit copies of the options
111	115		described by Section 264.1691, Family Code, as added by this Act,
112	116		along with any associated recommendations, to the:
113	117		(1) governor;
114	118		(2) lieutenant governor;
115	119		(3) speaker of the house of representatives;
116	120		(4) House Committee on Appropriations;
117	121		(5) Senate Committee on Finance;
118	122		(6) House Committee on Human Services; and
119	123		(7) Senate Committee on Health and Human Services.
120	124		SECTION 4. The Department of Family and Protective Services
121	125		is required to implement a provision of this Act only if the
122	126		legislature appropriates money specifically for that purpose. If
123	127		the legislature does not appropriate money specifically for that
124	128		purpose, the department may, but is not required to, implement a
125	129		provision of this Act using other appropriations that are available
126	130		for that purpose.
127	131		SECTION 5. This Act takes effect immediately if it receives
128	132		a vote of two-thirds of all the members elected to each house, as
129	133		provided by Section 39, Article III, Texas Constitution. If this
130	134		Act does not receive the vote necessary for immediate effect, this
131	135		Act takes effect September 1, 2021.
132		-	______________________________ ______________________________
133		-	President of the Senate Speaker of the House
134		-	I hereby certify that S.B. No. 910 passed the Senate on
135		-	April 23, 2021, by the following vote: Yeas 31, Nays 0; and that
136		-	the Senate concurred in House amendment on May 29, 2021, by the
137		-	following vote: Yeas 31, Nays 0.
138		-	______________________________
139		-	Secretary of the Senate
140		-	I hereby certify that S.B. No. 910 passed the House, with
141		-	amendment, on May 26, 2021, by the following vote: Yeas 139,
142		-	Nays 8, two present not voting.
143		-	______________________________
144		-	Chief Clerk of the House
145		-	Approved:
146		-	______________________________
147		-	Date
148		-	______________________________
149		-	Governor