1 | 1 | | 89R9874 RAL-F |
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2 | 2 | | By: A. Davis of Dallas H.B. No. 4129 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the contract requirements for a contract between a |
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10 | 10 | | single source continuum contractor and the Department of Family and |
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11 | 11 | | Protective Services. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 264.155(a), Family Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (a) A contract with a single source continuum contractor to |
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16 | 16 | | provide community-based care services in a catchment area must |
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17 | 17 | | include provisions that: |
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18 | 18 | | (1) establish a timeline for the implementation of |
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19 | 19 | | community-based care in the catchment area, including a timeline |
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20 | 20 | | for implementing: |
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21 | 21 | | (A) case management services for children, |
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22 | 22 | | families, and relative and kinship caregivers receiving services in |
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23 | 23 | | the catchment area; and |
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24 | 24 | | (B) family reunification support services to be |
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25 | 25 | | provided after a child receiving services from the contractor is |
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26 | 26 | | returned to the child's family; |
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27 | 27 | | (2) establish conditions for the single source |
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28 | 28 | | continuum contractor's access to relevant department data and |
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29 | 29 | | require the participation of the contractor in the data access and |
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30 | 30 | | standards governance council created under Section 264.159; |
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31 | 31 | | (3) require the single source continuum contractor to |
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32 | 32 | | create a single process for the training and use of alternative |
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33 | 33 | | caregivers for all child-placing agencies in the catchment area to |
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34 | 34 | | facilitate reciprocity of licenses for alternative caregivers |
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35 | 35 | | between agencies, including respite and overnight care providers, |
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36 | 36 | | as those terms are defined by department rule; |
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37 | 37 | | (4) require the single source continuum contractor to |
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38 | 38 | | maintain a diverse network of service providers that offer a range |
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39 | 39 | | of foster capacity options and that can accommodate children from |
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40 | 40 | | diverse cultural backgrounds; |
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41 | 41 | | (5) allow the department to conduct a performance |
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42 | 42 | | review of the contractor beginning 18 months after the contractor |
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43 | 43 | | has begun providing case management and family reunification |
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44 | 44 | | support services to all children and families in the catchment area |
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45 | 45 | | and determine if the contractor has achieved any performance |
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46 | 46 | | outcomes specified in the contract; |
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47 | 47 | | (6) following the review under Subdivision (5), allow |
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48 | 48 | | the department to: |
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49 | 49 | | (A) impose financial penalties on the contractor |
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50 | 50 | | for failing to meet any specified performance outcomes; or |
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51 | 51 | | (B) award financial incentives to the contractor |
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52 | 52 | | for exceeding any specified performance outcomes; |
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53 | 53 | | (7) require the contractor to give preference for |
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54 | 54 | | employment to employees of the department: |
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55 | 55 | | (A) whose position at the department is impacted |
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56 | 56 | | by the implementation of community-based care; and |
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57 | 57 | | (B) who are considered by the department to be |
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58 | 58 | | employees in good standing; |
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59 | 59 | | (8) require the contractor to provide preliminary and |
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60 | 60 | | ongoing community engagement plans to ensure communication and |
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61 | 61 | | collaboration with local stakeholders in the catchment area, |
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62 | 62 | | including any of the following: |
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63 | 63 | | (A) community faith-based entities; |
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64 | 64 | | (B) the judiciary; |
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65 | 65 | | (C) court-appointed special advocates; |
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66 | 66 | | (D) child advocacy centers; |
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67 | 67 | | (E) service providers; |
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68 | 68 | | (F) foster families; |
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69 | 69 | | (G) biological parents; |
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70 | 70 | | (H) foster youth and former foster youth; |
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71 | 71 | | (I) relative or kinship caregivers; |
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72 | 72 | | (J) child welfare boards, if applicable; |
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73 | 73 | | (K) attorneys ad litem; |
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74 | 74 | | (L) attorneys that represent parents involved in |
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75 | 75 | | suits filed by the department; and |
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76 | 76 | | (M) any other stakeholders, as determined by the |
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77 | 77 | | contractor; [and] |
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78 | 78 | | (9) require that the contractor comply with any |
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79 | 79 | | applicable court order issued by a court of competent jurisdiction |
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80 | 80 | | in the case of a child for whom the contractor has assumed case |
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81 | 81 | | management responsibilities or an order imposing a requirement on |
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82 | 82 | | the department that relates to functions assumed by the contractor; |
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83 | 83 | | and |
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84 | 84 | | (10) allow the department to implement formal measures |
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85 | 85 | | to ensure the contractor is delivering high-quality service, |
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86 | 86 | | including quality improvement plans, financial interventions, and |
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87 | 87 | | other appropriate interventions or restrictions. |
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88 | 88 | | SECTION 2. The change in law made by this Act applies only |
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89 | 89 | | to a contract entered into or amended, modified, renewed, or |
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90 | 90 | | extended on after the effective date of this Act. A contract |
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91 | 91 | | entered into or amended, modified, renewed, or extended before the |
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92 | 92 | | effective date of this Act is governed by the law in effect on the |
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93 | 93 | | date the contract was entered into or amended, modified, renewed, |
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94 | 94 | | or extended, and the former law is continued in effect for that |
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95 | 95 | | purpose. |
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96 | 96 | | SECTION 3. This Act takes effect September 1, 2025. |
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