By: Sparks, et al. S.B. No. 593
(Frank, Rose, Noble, Garcia, et al.)
A BILL TO BE ENTITLED
AN ACT
relating to an independent assessment of the Health and Human
Services Commission's and the Department of Family and Protective
Services' rules, minimum standards, and contract requirements that
apply to certain residential child-care providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Human Resources Code,
is amended by adding Section 42.027 to read as follows:
Sec. 42.027. INDEPENDENT ASSESSMENT. (a) Not later than
March 31, 2024, the commission shall contract with an independent
entity that has demonstrated expertise in evaluating state child
welfare systems and conducting statistical and operational
analysis to conduct an assessment of:
(1) the commission's and the department's rules,
minimum standards, and contract requirements that apply to
child-placing agencies, residential child-care facilities
including foster homes, relative caregivers, and adoptive homes;
and
(2) the standards or oversight requirements
prescribed by law to determine:
(A) the relevance of the standard or oversight
requirement;
(B) whether the standard or oversight
requirement complies with federal laws, rules, or guidelines; and
(C) whether the standard or oversight
requirement is the best practice.
(b) Not later than September 30, 2024, or the date of the
next comprehensive review required under Section 42.042(b),
whichever occurs first, the independent entity shall complete the
assessment and submit to the commission and the department a report
that includes the findings of the assessment and recommendations
for:
(1) simplifying the commission's minimum standards for
the purposes of:
(A) prioritizing the health, safety, and
well-being of children residing in a residential child-care
facility including a foster home or the home of a relative caregiver
or an adoptive parent; and
(B) reducing any barriers to opening a
child-placing agency or a residential child-care facility or
becoming a relative caregiver, a foster parent, or an adoptive
parent;
(2) adjusting the commission's system for assigning
weights to minimum standards to ensure that the system is
methodical, consistent, and reflective of a strategic model for
increasing the focus on the health, safety, and well-being of
children residing in a residential child-care facility including a
foster home or the home of a relative caregiver or an adoptive
parent, including an explanation of the recommended adjustments;
(3) taking into consideration the model licensing
standards recommended by the Administration for Children and
Families of the United States Department of Health and Human
Services, eliminating any minimum standards that are weighted as
low, medium-low, or medium by the commission and are not directly
related to child safety;
(4) addressing any licensing, training, or oversight
requirements that are barriers to retaining high-quality
residential child-care facilities including foster homes, relative
caregivers, or adoptive parents;
(5) updating licensing standards for the purposes of:
(A) prioritizing the health, safety, and
well-being of children residing in a residential child-care
facility including a foster home or the home of a relative caregiver
or an adoptive parent; and
(B) reducing any barriers to the hiring and
retention of high-quality leadership, administrators, and staff at
child-placing agencies and residential child-care facilities;
(6) providing maximum flexibility in applying
standards to ensure that services are provided in response to the
needs of each individual child residing in a residential child-care
facility including a foster home or the home of a relative caregiver
or an adoptive parent;
(7) defining the commission's and the department's
role in licensing, investigating, contract oversight, and any other
regulatory activity to eliminate duplicate functions among the
commission and the department or divisions within the commission or
department; and
(8) promoting transparency and clarity of the
commission's and the department's expectations for child-placing
agencies, residential child-care facilities including foster
homes, relative caregivers, and adoptive parents.
(c) The independent entity conducting the assessment under
this section shall make any recommendations for legislative action,
including recommendations for retaining, repealing, or modifying
existing state laws or rules or adopting new state laws or rules,
necessary to implement the entity's recommendations described by
Subsection (b).
(d) In conducting the assessment, the independent entity
shall solicit and consider the input of relevant stakeholders,
including those affected by the commission's or the department's
rules, minimum standards, and contract requirements that apply to
child-placing agencies, residential child-care facilities
including foster homes, relative caregivers, or adoptive parents.
(e) The commission shall publish the independent entity's
report on the commission's Internet website and submit a copy of the
report to the governor, the lieutenant governor, the speaker of the
house of representatives, and the standing committee of each house
of the legislature with primary jurisdiction over the commission.
(f) Not later than the 90th day after the date the
commission receives the independent entity's report, the
commission, in collaboration with the department, shall submit to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the standing committee of each house of the
legislature with primary jurisdiction over the commission a report
that includes a description of:
(1) the commission's and department's plan to
implement the independent entity's assessment recommendations; and
(2) any recommendation the commission or department
decides not to implement and a written justification for not
implementing the recommendation.
(g) This section expires September 1, 2025.
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.