88R19 MLH-F
By: Campos H.B. No. 4168
A BILL TO BE ENTITLED
AN ACT
relating to prevention and early intervention services by the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purpose for this Act is to improve the
delivery of prevention and early intervention services for certain
children while maximizing the efficient use of taxpayer dollars
through a community-based approach.
SECTION 2. Section 265.007, Family Code, is amended to read
as follows:
Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY
INTERVENTION SERVICES. (a) In this section, "adverse childhood
experience" means a potentially traumatic event that occurs in the
life of a person younger than 18 years of age, including:
(1) abuse, as defined by Section 261.001;
(2) family violence, as defined by Section 71.004;
(3) neglect, as defined by Section 261.001;
(4) the death of a parent or guardian; and
(5) a member of the person's household:
(A) having a substance use disorder or mental
illness; or
(B) being incarcerated.
(a-1) To improve the effectiveness and delivery of
prevention and early intervention services, the department shall:
(1) identify geographic areas that have a high need
for prevention and early intervention services but do not have
prevention and early intervention services available in the area or
have only unevaluated prevention and early intervention services
available in the area; [and]
(2) develop a request for information to assist the
department in the development of the strategic plan described in
Section 265.005 to improve prevention and early intervention
services;
(3) send the request for information developed under
Subdivision (2) to a diverse set of stakeholders and providers
throughout the state, including:
(A) state and local agencies and nonprofit
organizations that work directly with children and families;
(B) child welfare service providers;
(C) early childhood education programs;
(D) public schools;
(E) medical and mental health service providers;
(F) family support and social services
providers;
(G) the law enforcement, judicial, and criminal
justice communities;
(H) faith-based organizations;
(I) the intellectual or developmental disability
community;
(J) families and children impacted by child
abuse, neglect, and other adverse childhood experiences;
(K) the business and philanthropic communities;
and
(L) single source continuum contractors; and
(4) in collaboration with the Health and Human
Services Commission, the Department of State Health Services, the
Texas Education Agency, the Texas Workforce Commission, and the
Office of the Attorney General:
(A) develop an inventory of programs and services
that are funded by the state that contribute to the prevention of
child abuse, neglect, and other adverse childhood experiences;
(B) develop an inventory of programs and services
that are provided by other entities, including entities listed
under Subdivision (3), that contribute to the prevention of adverse
childhood experiences;
(C) facilitate opportunities to increase
collaboration for the effective expenditure of available federal
and state funds and better leverage public and private partnerships
to increase efficiency; and
(D) develop strategies for community partners
to:
(i) [(A)] improve the early recognition of
child abuse or neglect;
(ii) [(B)] improve the reporting of child
abuse and neglect; [and]
(iii) [(C)] reduce child fatalities;
(iv) improve the ability of community
partners to distinguish situations in which a child is in imminent
danger from situations in which the child and child's family would
be better served by providing community-based services; and
(v) implement cross-sector, evidence-based
practices that prevent adverse childhood experiences.
(b) The entities listed in Subsection (a-1)(4) shall use a
community awareness approach to implement the strategies and
recommendations developed under this section.
(c) The department may not use data techniques, including
predictive analytics, risk-based modeling, and other similar
assessments, to:
(1) identify or target services under this section to
a specific family or individual; or
(2) diagnose the health of or assess the health risks
to an individual without the individual's consent to take part in a
diagnosis or assessment under this section.
(d) Except as provided by other law, the department may not
provide services to a minor for the purpose of addressing adverse
childhood experiences without informed parental consent.
(e) The department may not use data gathered under this
section to:
(1) identify a specific family or individual; or
(2) infringe on an individual's or family's right to
privacy.
(f) An entity listed in Subsection (a-1)(3) may not provide
to the department any information under Subsection (a-1)(2) that
may be used to identify a specific family or individual for the
purpose of offering services under this section. If the department
receives such information, the department may not use the
information to implement this section.
SECTION 3. Not later than December 1, 2024, the Department
of Family and Protective Services shall submit a report to the
legislature and the governor that includes:
(1) a summary of community feedback, available data,
best practices, and implementable changes within the entities
listed in Section 265.007(a-1)(4), Family Code, as added by this
Act, with regard to the progress of efforts made under Section
265.007, Family Code, as amended by this Act; and
(2) specific short-term and long-term statutory,
administrative, and budget-related recommendations for reforms
necessary to improve the delivery of prevention and intervention
services across state agencies.
SECTION 4. This Act takes effect September 1, 2023.