By: Frank H.B. No. 1517
A BILL TO BE ENTITLED
AN ACT
relating to licensing and oversight of certain facilities and homes
providing substitute care for children in the conservatorship of
the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Human Resources Code, is amended by
adding Section 42.069 to read as follows:
Sec. 42.069. REQUIRED AUDIT OF RULES AND STANDARDS. (a)
Not later than December 31, 2023, the commission shall engage an
independent third party to conduct an audit of the rules, minimum
standards, and contract requirements that apply to licensed
child-placing agencies, residential child-care facilities, foster
homes, kinship care homes, and adoptive homes. The audit shall make
recommendations for:
(1) simplifying minimum standards to prioritize child
safety and reduce barriers to entry for child-placing agencies,
residential child-care facilities, foster families, kinship
families, and adoptive families;
(2) eliminating any standards weighted "low,"
"medium-low," and "medium" that are not directly related to child
safety or in line with model licensing standards recommended by the
United States Department of Health and Human Services
Administration for Children and Families;
(3) easing ongoing licensing, training, and oversight
requirements that act as barriers to retaining high-quality foster,
kinship, and adoptive homes;
(4) updating professional licensing standards to
prioritize child safety and reduce barriers to hiring and retaining
high-quality child placing agency leadership, administrators, and
staff;
(5) providing maximum flexibility for the application
of standards to ensure that services are responsive to the unique
needs of children in care; and
(6) defining the role of entities responsible for
licensing, investigations, contract oversight, and any other
regulatory activities to eliminate duplicative functions between
entities and promote transparency and clarity of expectations for
all child-placing agencies, residential child-care facilities,
foster families, kinship families, and adoptive families.
(b) The audit shall also include a review of any standards
or oversight requirements contained in Texas statute for relevance,
best practice, and compliance with federal guidelines and make
recommendations to the Legislature on any statutes that should be
repealed, put into rule, or remain in code.
(c) The audit required by this Section shall be completed
not later than the earlier of December 31, 2024 or the date the
commission conducts the next review required by Section 42.042(b).
(d) The audit and recommendations shall be posted on the
commission's public internet website and be delivered to the
executive commissioner of the Health and Human Services Commission,
the commissioner of the Department of Family and Protective
Services, the Governor, the Lieutenant Governor, the Speaker of the
House, and the Chairs of the House Human Services and Senate Health
and Human Services Committees.
(e) Within 90 days of receipt of the audit and
recommendations required by this section, the executive
commissioner of the Health and Human Services Commission and the
commissioner of the Department of Family and Protective Services
shall jointly deliver an implementation plan to the Governor,
Lieutenant Governor, Speaker of the House, and the Chairs of the
House Human Services and Senate Health and Human Services
Committees. The implementation plan shall include a detailed
justification for any recommendations the department and
commission decline to implement.
SECTION 2. 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, 2023.