46 | 43 | | (1) a nonprofit entity that has a board of directors |
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47 | 44 | | composed entirely of residents of the catchment area; or |
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48 | 45 | | (2) a local government entity. |
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49 | 46 | | (b) In selecting a lead entity, the department shall |
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50 | 47 | | consider whether a prospective contractor has: |
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51 | 48 | | (1) strong community support and partnerships; |
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52 | 49 | | (2) demonstrated experience leading collaborative |
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53 | 50 | | initiatives in the region; and |
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54 | 51 | | (3) the capacity to coordinate with local community |
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55 | 52 | | organizations to serve children and families. |
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56 | 53 | | (c) The department shall request local stakeholders in an |
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57 | 54 | | eligible rural region to provide any necessary information about |
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58 | 55 | | the region that will assist the department in: |
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59 | 56 | | (1) preparing the department's request for bids, |
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60 | 57 | | proposals, or other applicable expressions of interest to provide |
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61 | 58 | | community-based care in the eligible rural region; and |
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62 | 59 | | (2) selecting a lead entity to provide community-based |
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63 | 60 | | care in the eligible rural region. |
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64 | | - | (d) The department's request for bids, proposals, or other |
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65 | | - | applicable expressions of interest to provide community-based care |
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66 | | - | in the eligible rural region may include, in a single request, |
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67 | | - | services to develop the pilot program model and implement the pilot |
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68 | | - | program. |
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69 | | - | (e) Notwithstanding any other law and to address the unique |
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70 | | - | challenges of providing community-based care to rural areas of this |
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71 | | - | state in an efficient manner the department may: |
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72 | | - | (1) procure, as a single procurement, services to |
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73 | | - | develop a pilot program model under Section 264.184(a) and |
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74 | | - | implement the pilot program under Section 264.184(b); and |
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75 | | - | (2) separately procure the services of the independent |
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76 | | - | evaluator under Section 264.194. |
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77 | | - | Sec. 264.184. PILOT PROGRAM MODEL AND IMPLEMENTATION |
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78 | | - | SCHEDULE; AUTHORITY. (a) The department, in partnership with the |
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79 | | - | lead entity, shall develop a pilot program model that includes a |
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80 | | - | timeline, with identified funding, for implementing |
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81 | | - | community-based care in the eligible rural region and that |
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82 | | - | addresses: |
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83 | | - | (1) the following services for families and children: |
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84 | | - | (A) family-based services to ensure child safety |
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85 | | - | and prevent entry into foster care; |
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| 61 | + | Sec. 264.184. PROGRAM MODEL AND IMPLEMENTATION SCHEDULE; |
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| 62 | + | AUTHORITY. (a) The lead entity shall develop a program model that |
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| 63 | + | includes a timeline for implementing community-based care in the |
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| 64 | + | eligible rural region and that: |
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| 65 | + | (1) includes the following services for families and |
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| 66 | + | children: |
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| 67 | + | (A) early intervention services to prevent entry |
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| 68 | + | into foster care; |
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99 | | - | (3) the development and implementation of innovative |
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100 | | - | approaches to improve outcomes for children and families; |
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101 | | - | (4) any identified geographic disparities in service |
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102 | | - | availability and access in the region's child welfare system; |
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103 | | - | (5) the creation and oversight of a quality assurance |
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104 | | - | system; and |
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105 | | - | (6) the implementation of a system to manage financial |
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106 | | - | risks and resources, including state and federal funds. |
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107 | | - | (b) To implement the pilot program model developed under |
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| 83 | + | (3) develops and implements innovative approaches to |
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| 84 | + | improve outcomes for children and families; |
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| 85 | + | (4) addresses any inequities in the region's child |
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| 86 | + | welfare system; |
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| 87 | + | (5) establishes a quality assurance system; and |
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| 88 | + | (6) establishes a system to manage financial |
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| 89 | + | resources, including state and federal funds. |
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| 90 | + | (b) To implement the program model developed under |
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115 | | - | (3) enter into contracts with service providers, |
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116 | | - | including contracts for case management services. |
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117 | | - | Sec. 264.185. COMMUNITY ALLIANCE. (a) The department and |
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118 | | - | lead entity shall establish a community alliance or similar group |
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119 | | - | of stakeholders to provide a forum for community participation and |
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120 | | - | governance of community-based care under the pilot program. The |
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121 | | - | department and lead entity shall collaborate with: |
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122 | | - | (1) local families with lived experience in the child |
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| 97 | + | (3) enter into contracts with service providers. |
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| 98 | + | Sec. 264.185. COLLABORATIVE GOVERNANCE STRUCTURE. (a) The |
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| 99 | + | lead entity shall establish a collaborative governance structure to |
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| 100 | + | provide oversight and guidance for the provision of community-based |
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| 101 | + | care under the pilot program. The lead entity shall collaborate |
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| 102 | + | with: |
---|
| 103 | + | (1) the entity's leadership and staff; |
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| 104 | + | (2) local families with lived experience in the child |
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127 | | - | (3) other community stakeholders. |
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128 | | - | (b) The duties of the community alliance or similar group of |
---|
129 | | - | stakeholders described by Subsection (a) shall include: |
---|
130 | | - | (1) joint planning with the department and lead entity |
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131 | | - | regarding resource utilization in the community, including |
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132 | | - | resources appropriated to the department and any funds provided by |
---|
133 | | - | local funding sources for that purpose; |
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134 | | - | (2) conducting needs assessments and establishing of |
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135 | | - | community priorities for service delivery; |
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136 | | - | (3) determining community outcome goals to supplement |
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137 | | - | state-required outcomes; |
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138 | | - | (4) serving as a catalyst for community resource |
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139 | | - | development, including: |
---|
140 | | - | (A) identifying existing programs, services, and |
---|
141 | | - | assistance available from community- and faith-based |
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142 | | - | organizations; |
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143 | | - | (B) encouraging the development and increased |
---|
144 | | - | availability of programs, services, and assistance available from |
---|
145 | | - | community- and faith-based organizations; and |
---|
146 | | - | (C) informing the department and the lead entity |
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147 | | - | of programs, services, and assistance available from community- and |
---|
148 | | - | faith-based organizations and working to facilitate the lead |
---|
149 | | - | entity's use of the available resources; |
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150 | | - | (5) providing for community education and advocacy |
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151 | | - | regarding issues related to delivery of services; and |
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152 | | - | (6) promoting family preservation services. |
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153 | | - | Sec. 264.186. DEVELOPMENT OF FUNDING AND RESOURCES. (a) |
---|
154 | | - | The department shall seek input from the lead entity regarding the |
---|
155 | | - | feasibility of a capitated funding model for the provision of |
---|
156 | | - | services under the pilot program. If the department determines |
---|
157 | | - | that a capitated funding model is feasible, the department shall |
---|
158 | | - | develop a capitated funding model that provides a fixed rate of |
---|
159 | | - | funding per child receiving services under the pilot program. |
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160 | | - | (b) Regardless of whether the department implements a |
---|
161 | | - | capitated funding model under Subsection (a), the department |
---|
162 | | - | shall ensure that the funding model for the pilot program: |
---|
163 | | - | (1) accounts for the additional costs of providing |
---|
| 109 | + | (4) any other community stakeholders. |
---|
| 110 | + | (b) The lead entity shall collaborate with the entities |
---|
| 111 | + | described by Subsection (a) to: |
---|
| 112 | + | (1) develop program policies and procedures; |
---|
| 113 | + | (2) identify community needs and resources; |
---|
| 114 | + | (3) monitor program performance and outcomes; and |
---|
| 115 | + | (4) make recommendations for continuous program |
---|
| 116 | + | improvement. |
---|
| 117 | + | (c) The department may only provide advice to the lead |
---|
| 118 | + | agency in the implementation of the pilot program. |
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| 119 | + | Sec. 264.186. FUNDING AND RESOURCES. (a) The department |
---|
| 120 | + | shall work with the lead entity to develop a capitated funding model |
---|
| 121 | + | and budget that: |
---|
| 122 | + | (1) provides a fixed rate of funding per child |
---|
| 123 | + | receiving services under the pilot program; |
---|
| 124 | + | (2) accounts for the additional costs of providing |
---|
180 | | - | (c) The department shall pursue leveraging various funding |
---|
181 | | - | sources, including state and federal funds, to implement and |
---|
182 | | - | sustain the pilot program. |
---|
183 | | - | Sec. 264.187. DATA MANAGEMENT AND INFORMATION SHARING. (a) |
---|
184 | | - | The department shall determine the feasibility of implementing an |
---|
185 | | - | integrated electronic case management system for community-based |
---|
186 | | - | care provided under the pilot program that: |
---|
| 141 | + | (b) The department shall explore and leverage various |
---|
| 142 | + | funding sources, including state and federal funds, to implement |
---|
| 143 | + | and sustain the pilot program. |
---|
| 144 | + | (c) The department may provide the lead entity with |
---|
| 145 | + | resources, including funds and personnel, to implement the pilot |
---|
| 146 | + | program. |
---|
| 147 | + | Sec. 264.187. INTEGRATED ELECTRONIC MANAGEMENT SYSTEM. (a) |
---|
| 148 | + | The department and the lead entity shall implement an integrated |
---|
| 149 | + | electronic management system for community-based care provided |
---|
| 150 | + | under the pilot program that: |
---|
191 | | - | (b) Regardless of whether the department implements an |
---|
192 | | - | integrated electronic case management system, the department |
---|
193 | | - | shall: |
---|
194 | | - | (1) provide to the lead entity technical support and |
---|
195 | | - | access to data as necessary to facilitate implementation of a data |
---|
196 | | - | management system for effective case management and service |
---|
197 | | - | coordination; |
---|
198 | | - | (2) ensure secure and efficient information sharing |
---|
199 | | - | with stakeholders; and |
---|
200 | | - | (3) support outcome tracking and reporting through |
---|
201 | | - | existing or modified systems. |
---|
202 | | - | (c) The department shall establish protocols related to any |
---|
203 | | - | data management and information-sharing systems used for the pilot |
---|
204 | | - | program to ensure: |
---|
| 155 | + | (b) The department shall provide to the lead entity |
---|
| 156 | + | technical support and access to data as necessary to facilitate |
---|
| 157 | + | effective implementation of the integrated electronic management |
---|
| 158 | + | system. |
---|
| 159 | + | (c) The department and lead entity shall establish |
---|
| 160 | + | protocols related to the integrated electronic management system to |
---|
| 161 | + | ensure: |
---|
216 | | - | Sec. 264.189. WAIVERS. To implement the pilot program, the |
---|
217 | | - | lead entity may apply to the commissioner of the department for a |
---|
218 | | - | waiver from any department policy or procedure that governs the |
---|
219 | | - | provision of child welfare services. The commissioner shall adopt |
---|
220 | | - | a procedure for the application for a waiver described by this |
---|
221 | | - | section. |
---|
222 | | - | Sec. 264.190. CONFLICT RESOLUTION PROCESS. The department |
---|
223 | | - | and lead entity shall establish a formal process for resolving |
---|
224 | | - | conflicts or disputes that arise related to the pilot program. |
---|
225 | | - | Sec. 264.191. CHANGE ORDER PROCESS. (a) The department |
---|
226 | | - | shall request any change to the contracted scope of work of the lead |
---|
227 | | - | entity related to the pilot program in writing. The request must |
---|
228 | | - | include: |
---|
229 | | - | (1) a detailed explanation of the proposed change and |
---|
230 | | - | reasons for the proposed change; and |
---|
231 | | - | (2) a comprehensive cost analysis for implementing the |
---|
232 | | - | proposed change that includes: |
---|
233 | | - | (A) the source of funding for the proposed |
---|
234 | | - | change; or |
---|
235 | | - | (B) if funding sufficient to implement the change |
---|
236 | | - | is not available, an explanation of how existing requirements will |
---|
237 | | - | be modified for the cost of the proposed change to fit into the |
---|
238 | | - | existing budget. |
---|
239 | | - | (b) A change request under this section is subject to |
---|
240 | | - | negotiation between the lead entity and the department. The lead |
---|
241 | | - | entity may reject any proposed change that is not adequately funded |
---|
242 | | - | or substantially alters the provision of community-based care under |
---|
243 | | - | the contract executed between the department and the entity, unless |
---|
244 | | - | the change is required by federal or state law or court order or is |
---|
245 | | - | necessary to ensure child health or safety. In the event of a |
---|
246 | | - | dispute between the department and the entity regarding a proposed |
---|
247 | | - | change or the funding for the change, the department and lead entity |
---|
248 | | - | shall follow the conflict resolution process described by Section |
---|
249 | | - | 264.190. |
---|
250 | | - | (c) This section may not be construed to limit or restrict |
---|
251 | | - | the authority of the department to include necessary oversight |
---|
252 | | - | measures and review processes in a contract under this subchapter |
---|
253 | | - | to maintain compliance with federal and state requirements. The |
---|
254 | | - | department retains responsibility for the quality of contracted |
---|
255 | | - | services and programs and shall ensure that, at a minimum, services |
---|
256 | | - | are delivered in accordance with applicable state and federal law. |
---|
257 | | - | (d) A lead entity and its subcontractors must comply with |
---|
258 | | - | each applicable court order: |
---|
259 | | - | (1) issued in a suit regarding a child for whom the |
---|
260 | | - | lead entity or its subcontractors have assumed case management |
---|
261 | | - | responsibilities; or |
---|
262 | | - | (2) imposing a requirement on the department that |
---|
263 | | - | relates to contracted functions assumed by the lead entity or its |
---|
264 | | - | subcontractors. |
---|
265 | | - | Sec. 264.192. CONFIDENTIALITY. Subchapter C, Chapter 261, |
---|
266 | | - | of this code and Chapter 552, Government Code, apply to the records |
---|
267 | | - | of a lead entity or its subcontractors that relate to the provision |
---|
268 | | - | of community-based care under the pilot program in the same manner |
---|
269 | | - | as the records of the department. |
---|
270 | | - | Sec. 264.193. PRIVILEGED COMMUNICATION. The lead entity |
---|
271 | | - | and its employees, agents, and representatives are client's |
---|
272 | | - | representatives of the department for purposes of the |
---|
273 | | - | attorney-client privilege under Rule 503, Texas Rules of Evidence, |
---|
274 | | - | as that privilege applies to communications with a prosecuting |
---|
275 | | - | attorney or other attorney representing the department or that |
---|
276 | | - | attorney's representative in a proceeding under this subtitle. |
---|
277 | | - | Sec. 264.194. POST-IMPLEMENTATION INDEPENDENT EVALUATION. |
---|
278 | | - | (a) The department shall contract with an independent evaluator |
---|
279 | | - | with expertise in child welfare and the delivery of child welfare |
---|
280 | | - | services in rural areas to conduct a comprehensive evaluation of |
---|
281 | | - | the pilot program. The department shall consult with the lead |
---|
282 | | - | entity and the entities described by Section 264.185(a) when |
---|
283 | | - | selecting the independent evaluator. |
---|
| 175 | + | Sec. 264.189. INDEPENDENT EVALUATION. (a) The department |
---|
| 176 | + | shall contract with an independent evaluator with expertise in |
---|
| 177 | + | child welfare and the delivery of child welfare services in rural |
---|
| 178 | + | areas to conduct a comprehensive evaluation of the pilot program. |
---|
| 179 | + | The department shall consult with the lead entity and the entities |
---|
| 180 | + | described by Section 264.185(a) when selecting the independent |
---|
| 181 | + | evaluator. |
---|
303 | | - | Sec. 264.195. PROGRAM DEVELOPMENT REPORT. Not later than |
---|
304 | | - | January 1, 2027, the department shall submit a report to the |
---|
305 | | - | legislature regarding the pilot program model developed under this |
---|
306 | | - | subchapter. The department shall implement the pilot program only |
---|
307 | | - | if the pilot program is sufficiently funded. |
---|
308 | | - | Sec. 264.196. ANNUAL IMPLEMENTATION REPORT. Not later than |
---|
309 | | - | December 1, 2028, and annually thereafter, the department shall |
---|
310 | | - | submit a report to the legislature relating to the implementation |
---|
311 | | - | of the pilot program that includes: |
---|
| 201 | + | Sec. 264.190. WAIVERS. (a) The lead entity may apply to |
---|
| 202 | + | the commissioner of the department for a waiver from any statutory |
---|
| 203 | + | or regulatory requirement that governs the provision of child |
---|
| 204 | + | welfare services. |
---|
| 205 | + | (b) The waiver request must include an explanation of why |
---|
| 206 | + | the waiver is necessary to provide the entity with flexibility or |
---|
| 207 | + | implement innovations in the provision of community-based care |
---|
| 208 | + | under the pilot program. |
---|
| 209 | + | (c) The commissioner of the department shall grant a waiver |
---|
| 210 | + | request under this section if the commissioner determines that: |
---|
| 211 | + | (1) the waiver: |
---|
| 212 | + | (A) will not jeopardize the health, safety, or |
---|
| 213 | + | well-being of children and families receiving services under the |
---|
| 214 | + | program; and |
---|
| 215 | + | (B) is likely to improve outcomes for children |
---|
| 216 | + | and families receiving services under the program; and |
---|
| 217 | + | (2) the lead entity has a: |
---|
| 218 | + | (A) clear plan for implementing the change that |
---|
| 219 | + | requires the waiver; and |
---|
| 220 | + | (B) method for evaluating the effectiveness of |
---|
| 221 | + | the change being implemented under the waiver. |
---|
| 222 | + | (d) Not later than the 30th day after the date the |
---|
| 223 | + | commissioner of the department receives a waiver request, the |
---|
| 224 | + | commissioner shall make a determination on the waiver request. If |
---|
| 225 | + | the commissioner denies a waiver request, the commissioner shall |
---|
| 226 | + | provide to the lead entity a written explanation of the reason for |
---|
| 227 | + | the denial. |
---|
| 228 | + | Sec. 264.191. CONFLICT RESOLUTION PROCESS. (a) The |
---|
| 229 | + | department and lead entity shall establish a formal process for |
---|
| 230 | + | resolving conflicts or disputes that arise during the |
---|
| 231 | + | implementation of the pilot program. The process must prioritize |
---|
| 232 | + | collaborative problem solving and may include mediation if |
---|
| 233 | + | necessary. |
---|
| 234 | + | (b) If a conflict or dispute cannot be resolved through the |
---|
| 235 | + | process described by Subsection (a), the department or the lead |
---|
| 236 | + | entity may request a review by an independent panel of residents of |
---|
| 237 | + | the catchment area appointed by the governor. |
---|
| 238 | + | Sec. 264.192. CHANGE ORDER PROCESS. (a) Except as provided |
---|
| 239 | + | by this section, the department may not change any requirement or |
---|
| 240 | + | responsibility or the scope of work of the lead agency. |
---|
| 241 | + | (b) The department may request a change in writing by |
---|
| 242 | + | providing the lead agency with: |
---|
| 243 | + | (1) a detailed explanation of the proposed change and |
---|
| 244 | + | reasons for the proposed change; and |
---|
| 245 | + | (2) a comprehensive cost analysis for implementing the |
---|
| 246 | + | proposed change that includes: |
---|
| 247 | + | (A) the source of funding for the proposed |
---|
| 248 | + | change; or |
---|
| 249 | + | (B) if funding sufficient to implement the change |
---|
| 250 | + | is not available, an explanation of how existing requirements will |
---|
| 251 | + | be modified for the cost of the proposed change to fit into the |
---|
| 252 | + | existing budget. |
---|
| 253 | + | (c) A change request under this section is subject to |
---|
| 254 | + | negotiation between the lead entity and the department. The lead |
---|
| 255 | + | entity may reject any proposed change that is not adequately funded |
---|
| 256 | + | or substantially alters the provision of community-based care under |
---|
| 257 | + | the contract executed between the department and the entity. In the |
---|
| 258 | + | event of a dispute between the department and the entity regarding a |
---|
| 259 | + | proposed change or the funding for the change, the department and |
---|
| 260 | + | lead entity shall follow the conflict resolution process described |
---|
| 261 | + | by Section 264.191. |
---|
| 262 | + | (d) An agreed-upon change order must be documented in a |
---|
| 263 | + | written amendment to the contract between the department and the |
---|
| 264 | + | entity and executed by both parties. |
---|
| 265 | + | Sec. 264.193. ANNUAL REPORT. The department shall submit |
---|
| 266 | + | an annual report to the legislature that includes: |
---|