Texas 2023 - 88th Regular

Texas Senate Bill SB1853 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R30308 AMF-F
2	2	By: Kolkhorst, et al. S.B. No. 1853
3	3	(Hull)
4	4	Substitute the following for S.B. No. 1853: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain procedures in a suit affecting the parent-child
10	10	relationship for a child placed in the conservatorship of the
11	11	Department of Family and Protective Services and the provision of
12	12	family preservation services and community-based foster care.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 262.401(3), Family Code, is amended to
15	15	read as follows:
16	16	(3) "Family preservation service" means [a]
17	17	time-limited, family-focused services [service], including
18	18	services [a service] subject to the Family First Prevention
19	19	Services Act (Title VII, Div. E, Pub. L. No. 115-123), family-based
20	20	safety services, and services approved under the Title IV-E state
21	21	plan provided to the family of a child who is:
22	22	(A) a candidate for foster care to prevent or
23	23	eliminate the need to remove the child and to allow the child to
24	24	remain safely with the child's family; [or]
25	25	(B) a pregnant or parenting foster youth;
26	26	(C) a member of a household that is subject to an
27	27	order rendered under Section 264.203; or
28	28	(D) the subject of a monitored return under
29	29	Section 263.403.
30	30	SECTION 2. The heading to Section 262.411, Family Code, is
31	31	amended to read as follows:
32	32	Sec. 262.411. SELECTION OF SERVICE PROVIDER;
33	33	REIMBURSEMENT.
34	34	SECTION 3. Section 262.411, Family Code, is amended by
35	35	amending Subsection (c) and adding Subsections (c-1) and (c-2) to
36	36	read as follows:
37	37	(c) A [parent,] managing conservator, guardian, or other
38	38	member of a household who is not a parent and who obtains family
39	39	preservation services from a provider selected by the person is
40	40	responsible for the cost of those services.
41	41	(c-1) The department shall reimburse a service provider
42	42	selected by the parent under Subsection (a) who is not under
43	43	contract with the department in an amount equal to the average cost
44	44	for the specific service, including any virtual services, from
45	45	department contractors providing the service in the region where
46	46	the parent resides.
47	47	(c-2) The department shall:
48	48	(1) adopt rules relating to the manner in which
49	49	providers are reimbursed for services provided under this section;
50	50	(2) implement this section using existing resources;
51	51	and
52	52	(3) prioritize payments to providers of in-home
53	53	support services under Section 264.2011.
54	54	SECTION 4. Subchapter A, Chapter 263, Family Code, is
55	55	amended by adding Section 263.0022 to read as follows:
56	56	Sec. 263.0022. TEMPORARY EMERGENCY SUPERVISION. (a) In
57	57	this section, "temporary emergency supervision" means the
58	58	supervision and care provided by the department for a child without
59	59	placement for whom the department has been appointed as the
60	60	temporary or permanent managing conservator.
61	61	(b) The department may not advocate for and a court may not
62	62	render an order placing a child in temporary emergency supervision
63	63	if a safe and appropriate placement is available.
64	64	(c) Before a court may order temporary emergency
65	65	supervision for a child, the department shall submit a report to the
66	66	court that includes information regarding each attempted
67	67	placement, including:
68	68	(1) the type of placement;
69	69	(2) the location of the placement;
70	70	(3) the date the department contacted the placement;
71	71	and
72	72	(4) the reason the department determined the placement
73	73	was not safe or appropriate.
74	74	SECTION 5. Section 264.1261(b), Family Code, is amended to
75	75	read as follows:
76	76	(b) Appropriate department management personnel from a
77	77	child protective services region in which community-based care has
78	78	not been implemented, in collaboration with foster care providers,
79	79	faith-based organizations [entities], and child advocates in that
80	80	region, shall use data collected by the department on foster care
81	81	capacity needs and availability of each type of foster care and
82	82	kinship placement in the region to create a plan to address the
83	83	substitute care capacity needs in the region. The plan must
84	84	identify both short-term and long-term goals and strategies for
85	85	addressing those capacity needs.
86	86	SECTION 6. Section 264.152, Family Code, is amended by
87	87	amending Subdivision (2) and adding Subdivisions (5) and (6) to
88	88	read as follows:
89	89	(2) "Case management" means the provision of case
90	90	management services to a child for whom the department has been
91	91	appointed temporary or permanent managing conservator or to the
92	92	child's family, a young adult in extended foster care, a relative or
93	93	kinship caregiver, or a child who has been placed in the catchment
94	94	area through the Interstate Compact on the Placement of Children,
95	95	and includes:
96	96	(A) caseworker visits with the child;
97	97	(B) family and caregiver visits;
98	98	(C) convening and conducting permanency planning
99	99	meetings;
100	100	(D) the development and revision of child and
101	101	family plans of service, including a permanency plan and goals for a
102	102	child or young adult in care;
103	103	(E) the coordination and monitoring of services
104	104	required by the child and the child's family or caregivers,
105	105	including:
106	106	(i) pre-adoption and post-adoption
107	107	assistance;
108	108	(ii) services for children in the
109	109	conservatorship of the department who must transition to
110	110	independent living; and
111	111	(iii) services related to family
112	112	reunification, including services to support a monitored return;
113	113	(F) the assumption of court-related duties
114	114	regarding the child, including:
115	115	(i) providing any required notifications or
116	116	consultations;
117	117	(ii) preparing court reports;
118	118	(iii) attending judicial and permanency
119	119	hearings, trials, and mediations;
120	120	(iv) complying with applicable court
121	121	orders; and
122	122	(v) ensuring the child is progressing
123	123	toward the goal of permanency within state and federally mandated
124	124	guidelines; and
125	125	(G) any other function or service that the
126	126	department determines necessary to allow a single source continuum
127	127	contractor to assume responsibility for case management.
128	128	(5) "Faith-based organization" means a religious or
129	129	denominational institution or organization, including an
130	130	organization operated for religious, educational, or charitable
131	131	purposes and operated, supervised, or controlled, in whole or in
132	132	part, by or in connection with a religious organization.
133	133	(6) "Family preservation service" means time-limited,
134	134	family-focused services, including services subject to the Family
135	135	First Prevention Services Act (Title VII, Div. E, Pub. L.
136	136	No. 115-123), family-based safety services, and services approved
137	137	under the Title IV-E state plan provided to the family of a child
138	138	who is:
139	139	(A) a candidate for foster care to prevent or
140	140	eliminate the need to remove the child and to allow the child to
141	141	remain safely with the child's family;
142	142	(B) a pregnant or parenting foster youth;
143	143	(C) a member of a household that is subject to an
144	144	order rendered under Section 264.203; or
145	145	(D) the subject of a monitored return under
146	146	Section 263.403.
147	147	SECTION 7. The heading to Section 264.155, Family Code, is
148	148	amended to read as follows:
149	149	Sec. 264.155. [REQUIRED] CONTRACT PROVISIONS.
150	150	SECTION 8. Section 264.155, Family Code, is amended by
151	151	amending Subsection (a) and adding Subsection (a-1) to read as
152	152	follows:
153	153	(a) A contract with a single source continuum contractor to
154	154	provide community-based care services in a catchment area must
155	155	include provisions that:
156	156	(1) establish a timeline for the implementation of
157	157	community-based care in the catchment area, including a timeline
158	158	for implementing:
159	159	(A) family preservation services;
160	160	(B) case management services for children,
161	161	families, and relative and kinship caregivers receiving services in
162	162	the catchment area; and
163	163	(C) [(B)] family reunification support services
164	164	to be provided after a child receiving services from the contractor
165	165	is returned to the child's family;
166	166	(2) establish conditions for the single source
167	167	continuum contractor's access to relevant department data and
168	168	require the participation of the contractor in the data access and
169	169	standards governance council created under Section 264.159;
170	170	(3) require the single source continuum contractor to
171	171	create a single process for the training and use of alternative
172	172	caregivers for all child-placing agencies in the catchment area to
173	173	facilitate reciprocity of licenses for alternative caregivers
174	174	between agencies, including respite and overnight care providers,
175	175	as those terms are defined by department rule;
176	176	(4) require the single source continuum contractor to
177	177	maintain a diverse network of service providers that offer a range
178	178	of foster capacity options and that can accommodate children from
179	179	diverse cultural backgrounds;
180	180	(5) require [allow] the department to conduct a
181	181	performance review of the contractor beginning 18 months after the
182	182	contractor has begun providing case management, family
183	183	preservation, and family reunification support services [to all
184	184	children and families] in the catchment area and determine if the
185	185	contractor has achieved [any] performance outcomes specified in the
186	186	contract, including:
187	187	(A) the percentage of children reunified with
188	188	their families within six months, 12 months, 18 months, and 24
189	189	months or later, after the date a suit is filed by the department;
190	190	(B) the percentage of children who reenter the
191	191	conservatorship of the department within six months, 12 months, or
192	192	three years after the date the child leaves the conservatorship of
193	193	the department, disaggregated by case outcome and reason for
194	194	reentry;
195	195	(C) the percentage of children who remain in the
196	196	conservatorship of the department until the age of majority,
197	197	including the percentage of children receiving extended foster care
198	198	services;
199	199	(D) the number of placement moves per 1,000 days
200	200	a child is in substitute care, disaggregated by placement type and
201	201	the number of days in each placement type;
202	202	(E) the percentage of families completing family
203	203	preservation services within three months, six months, nine months,
204	204	and 12 months, and after 12 months after the date a suit is filed by
205	205	the department, disaggregated by type of service;
206	206	(F) the percentage of children entering the
207	207	conservatorship of the department within six months, 12 months, and
208	208	24 months of the date the child's family begins receiving family
209	209	preservation services, including the reason the department was
210	210	granted conservatorship;
211	211	(G) the percentage of children entering the
212	212	conservatorship of the department within six months, 12 months, two
213	213	years, and four years of the date the child's family completes
214	214	family preservation services, including the reason the department
215	215	was granted conservatorship; and
216	216	(H) the percentage of children residing with one
217	217	parent, with both parents, or in a shared custody arrangement
218	218	between parents on completion of family preservation services;
219	219	(6) following the review under Subdivision (5),
220	220	require [allow] the department to:
221	221	(A) impose financial penalties on the contractor
222	222	for failing to meet [any specified] performance outcomes under
223	223	Subdivision (5); and [or]
224	224	(B) award financial incentives to the contractor
225	225	for exceeding [any specified] performance outcomes under
226	226	Subdivision (5);
227	227	(7) following the review under Subdivision (5),
228	228	transfer the provision of family preservation services to the
229	229	contractor;
230	230	(8) require the contractor to give preference for
231	231	employment to employees of the department:
232	232	(A) whose position at the department is impacted
233	233	by the implementation of community-based care; and
234	234	(B) who are considered by the department to be
235	235	employees in good standing;
236	236	(9) [(8)] require the contractor to implement
237	237	[provide] preliminary and ongoing community engagement plans to
238	238	ensure communication and collaboration with local stakeholders in
239	239	the catchment area, including any of the following:
240	240	(A) community faith-based organizations
241	241	[entities];
242	242	(B) the judiciary;
243	243	(C) court-appointed special advocates;
244	244	(D) child advocacy centers;
245	245	(E) service providers;
246	246	(F) foster families;
247	247	(G) biological parents;
248	248	(H) foster youth and former foster youth;
249	249	(I) relative or kinship caregivers;
250	250	(J) child welfare boards, if applicable;
251	251	(K) attorneys ad litem;
252	252	(L) attorneys that represent parents involved in
253	253	suits filed by the department; and
254	254	(M) any other stakeholders, as determined by the
255	255	contractor; and
256	256	(10) [(9)] require that the contractor comply with any
257	257	applicable court order issued by a court of competent jurisdiction
258	258	in the case of a child for whom the contractor has assumed case
259	259	management responsibilities or an order imposing a requirement on
260	260	the department that relates to functions assumed by the contractor.
261	261	(a-1) A contract with a single source continuum contractor
262	262	to provide community-based care services in a catchment area may
263	263	include provisions that require the contractor to develop a program
264	264	to recruit and retain foster parents from faith-based
265	265	organizations, including requirements for the contractor to:
266	266	(1) collaborate with faith-based organizations to
267	267	inform prospective foster parents about:
268	268	(A) the need for foster parents in the community;
269	269	(B) the requirements for becoming a foster
270	270	parent; and
271	271	(C) any other aspect of the foster care program
272	272	that is necessary to recruit foster parents;
273	273	(2) provide training for prospective foster parents;
274	274	and
275	275	(3) identify and recommend ways in which faith-based
276	276	organizations may support persons as they are recruited, are
277	277	trained, and serve as foster parents.
278	278	SECTION 9. Section 264.156(a), Family Code, is amended to
279	279	read as follows:
280	280	(a) The department shall develop a formal review process to
281	281	assess the ability of a single source continuum contractor to
282	282	satisfy the responsibilities and administrative requirements of
283	283	delivering foster care services and services for relative and
284	284	kinship caregivers, including the contractor's ability to provide:
285	285	(1) family preservation services;
286	286	(2) case management services for children and
287	287	families;
288	288	(3) [(2)] evidence-based, promising practice, or
289	289	evidence-informed supports for children and families; and
290	290	(4) [(3)] sufficient available capacity for inpatient
291	291	and outpatient services and supports for children at all service
292	292	levels who have previously been placed in the catchment area.
293	293	SECTION 10. Sections 264.158(a) and (b), Family Code, are
294	294	amended to read as follows:
295	295	(a) In each initial catchment area where community-based
296	296	care has been implemented or a contract with a single source
297	297	continuum contractor has been executed before September 1, 2017,
298	298	the department shall transfer to the single source continuum
299	299	contractor providing foster care services in that area:
300	300	(1) family preservation services;
301	301	(2) the case management of children, relative and
302	302	kinship caregivers, and families receiving services from that
303	303	contractor; and
304	304	(3) [(2)] family reunification support services to be
305	305	provided after a child receiving services from the contractor is
306	306	returned to the child's family for the period of time ordered by the
307	307	court.
308	308	(b) The commission shall include a provision in a contract
309	309	with a single source continuum contractor to provide foster care
310	310	services and services for relative and kinship caregivers in a
311	311	catchment area to which community-based care is expanded after
312	312	September 1, 2017, that requires the transfer to the contractor of
313	313	the provision of:
314	314	(1) family preservation services;
315	315	(2) the case management services for children,
316	316	relative and kinship caregivers, and families in the catchment area
317	317	where the contractor will be operating; and
318	318	(3) [(2)] family reunification support services to be
319	319	provided after a child receiving services from the contractor is
320	320	returned to the child's family.
321	321	SECTION 11. The heading to Section 264.2031, Family Code,
322	322	is amended to read as follows:
323	323	Sec. 264.2031. SELECTION OF SERVICE PROVIDER;
324	324	REIMBURSEMENT.
325	325	SECTION 12. Section 264.2031, Family Code, is amended by
326	326	amending Subsection (b) and adding Subsections (b-1) and (d) to
327	327	read as follows:
328	328	(b) A [parent,] managing conservator, guardian, or other
329	329	member of a household who is not a parent and who obtains services
330	330	from a provider selected by the person is responsible for the cost
331	331	of those services.
332	332	(b-1) The department shall reimburse a service provider
333	333	selected by the parent under Subsection (a) who is not under
334	334	contract with the department in an amount equal to the average cost
335	335	for the specific service, including any virtual services, from
336	336	department contractors providing the service in the region where
337	337	the parent resides.
338	338	(d) The department shall:
339	339	(1) adopt rules relating to the manner in which
340	340	providers are reimbursed for services provided under this section;
341	341	(2) implement this section using existing resources;
342	342	and
343	343	(3) prioritize payments to providers of in-home
344	344	support services under Section 264.2011.
345	345	SECTION 13. Sections 264.113(a), (b), and (c), Family Code,
346	346	are repealed.
347	347	SECTION 14. (a) Section 263.0022, Family Code, as added by
348	348	this Act, applies to a placement review hearing of a child
349	349	regardless of the date on which the Department of Family and
350	350	Protective Services is named the child's managing conservator.
351	351	(b) Sections 264.152, 264.155, 264.156(a), and 264.158(a)
352	352	and (b), Family Code, as amended by this Act, apply only to a
353	353	contract with a single source continuum contractor entered into on
354	354	or after the effective date of this Act. A contract with a single
355	355	source continuum contractor entered into before the effective date
356	356	of this Act is governed by the law in effect on the date the contract
357	357	was entered into, and the former law is continued in effect for that
358	358	purpose.
359	359	SECTION 15. This Act takes effect September 1, 2023.