Texas 2023 - 88th Regular

Texas House Bill HB4168 Compare Versions

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1	1	88R19 MLH-F
2	2	By: Campos H.B. No. 4168
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prevention and early intervention services by the
8	8	Department of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The purpose for this Act is to improve the
11	11	delivery of prevention and early intervention services for certain
12	12	children while maximizing the efficient use of taxpayer dollars
13	13	through a community-based approach.
14	14	SECTION 2. Section 265.007, Family Code, is amended to read
15	15	as follows:
16	16	Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY
17	17	INTERVENTION SERVICES. (a) In this section, "adverse childhood
18	18	experience" means a potentially traumatic event that occurs in the
19	19	life of a person younger than 18 years of age, including:
20	20	(1) abuse, as defined by Section 261.001;
21	21	(2) family violence, as defined by Section 71.004;
22	22	(3) neglect, as defined by Section 261.001;
23	23	(4) the death of a parent or guardian; and
24	24	(5) a member of the person's household:
25	25	(A) having a substance use disorder or mental
26	26	illness; or
27	27	(B) being incarcerated.
28	28	(a-1) To improve the effectiveness and delivery of
29	29	prevention and early intervention services, the department shall:
30	30	(1) identify geographic areas that have a high need
31	31	for prevention and early intervention services but do not have
32	32	prevention and early intervention services available in the area or
33	33	have only unevaluated prevention and early intervention services
34	34	available in the area; [and]
35	35	(2) develop a request for information to assist the
36	36	department in the development of the strategic plan described in
37	37	Section 265.005 to improve prevention and early intervention
38	38	services;
39	39	(3) send the request for information developed under
40	40	Subdivision (2) to a diverse set of stakeholders and providers
41	41	throughout the state, including:
42	42	(A) state and local agencies and nonprofit
43	43	organizations that work directly with children and families;
44	44	(B) child welfare service providers;
45	45	(C) early childhood education programs;
46	46	(D) public schools;
47	47	(E) medical and mental health service providers;
48	48	(F) family support and social services
49	49	providers;
50	50	(G) the law enforcement, judicial, and criminal
51	51	justice communities;
52	52	(H) faith-based organizations;
53	53	(I) the intellectual or developmental disability
54	54	community;
55	55	(J) families and children impacted by child
56	56	abuse, neglect, and other adverse childhood experiences;
57	57	(K) the business and philanthropic communities;
58	58	and
59	59	(L) single source continuum contractors; and
60	60	(4) in collaboration with the Health and Human
61	61	Services Commission, the Department of State Health Services, the
62	62	Texas Education Agency, the Texas Workforce Commission, and the
63	63	Office of the Attorney General:
64	64	(A) develop an inventory of programs and services
65	65	that are funded by the state that contribute to the prevention of
66	66	child abuse, neglect, and other adverse childhood experiences;
67	67	(B) develop an inventory of programs and services
68	68	that are provided by other entities, including entities listed
69	69	under Subdivision (3), that contribute to the prevention of adverse
70	70	childhood experiences;
71	71	(C) facilitate opportunities to increase
72	72	collaboration for the effective expenditure of available federal
73	73	and state funds and better leverage public and private partnerships
74	74	to increase efficiency; and
75	75	(D) develop strategies for community partners
76	76	to:
77	77	(i) [(A)] improve the early recognition of
78	78	child abuse or neglect;
79	79	(ii) [(B)] improve the reporting of child
80	80	abuse and neglect; [and]
81	81	(iii) [(C)] reduce child fatalities;
82	82	(iv) improve the ability of community
83	83	partners to distinguish situations in which a child is in imminent
84	84	danger from situations in which the child and child's family would
85	85	be better served by providing community-based services; and
86	86	(v) implement cross-sector, evidence-based
87	87	practices that prevent adverse childhood experiences.
88	88	(b) The entities listed in Subsection (a-1)(4) shall use a
89	89	community awareness approach to implement the strategies and
90	90	recommendations developed under this section.
91	91	(c) The department may not use data techniques, including
92	92	predictive analytics, risk-based modeling, and other similar
93	93	assessments, to:
94	94	(1) identify or target services under this section to
95	95	a specific family or individual; or
96	96	(2) diagnose the health of or assess the health risks
97	97	to an individual without the individual's consent to take part in a
98	98	diagnosis or assessment under this section.
99	99	(d) Except as provided by other law, the department may not
100	100	provide services to a minor for the purpose of addressing adverse
101	101	childhood experiences without informed parental consent.
102	102	(e) The department may not use data gathered under this
103	103	section to:
104	104	(1) identify a specific family or individual; or
105	105	(2) infringe on an individual's or family's right to
106	106	privacy.
107	107	(f) An entity listed in Subsection (a-1)(3) may not provide
108	108	to the department any information under Subsection (a-1)(2) that
109	109	may be used to identify a specific family or individual for the
110	110	purpose of offering services under this section. If the department
111	111	receives such information, the department may not use the
112	112	information to implement this section.
113	113	SECTION 3. Not later than December 1, 2024, the Department
114	114	of Family and Protective Services shall submit a report to the
115	115	legislature and the governor that includes:
116	116	(1) a summary of community feedback, available data,
117	117	best practices, and implementable changes within the entities
118	118	listed in Section 265.007(a-1)(4), Family Code, as added by this
119	119	Act, with regard to the progress of efforts made under Section
120	120	265.007, Family Code, as amended by this Act; and
121	121	(2) specific short-term and long-term statutory,
122	122	administrative, and budget-related recommendations for reforms
123	123	necessary to improve the delivery of prevention and intervention
124	124	services across state agencies.
125	125	SECTION 4. This Act takes effect September 1, 2023.