Relating to certain requirements regarding a contract between a single source continuum contractor and the Department of Family and Protective Services.
Impact
The implications of HB 5361 may significantly streamline the contract termination process within the state’s Department of Family and Protective Services. By creating a uniform notice period, the bill is expected to enhance operational stability for services dependent on these contracts. Furthermore, the bill empowers the department to enter into contracts with different contractors for assuming terminated contracts without the need for competitive bidding or other proposal evaluations. This could hasten the transition process when a contract is terminated and thus ensure continuity of care.
Summary
House Bill 5361 seeks to amend certain requirements related to contracts between single source continuum contractors and the Department of Family and Protective Services in Texas. The principal change introduced by the bill is the modification of the notice period required for early termination of contracts. Under the proposed legislation, both the contractor and the department are mandated to provide a notice of intent to terminate a contract at least 180 days prior to the termination date, whereas the previous notice periods were shorter at 60 days for contractors and 30 days for the department. This amendment aims to afford both parties ample time to manage contract transitions and avoid potential service gaps.
Contention
While the changes presented in HB 5361 aim for efficiency, possible points of contention include the removal of competitive bidding requirements when the department is procuring a new contractor. Critics may argue that this could reduce transparency and limit opportunities for potential contractors that could offer better services or costs. Furthermore, there could be concerns about the implications of changing the notice periods, particularly if the 180-day requirement proves burdensome for parties needing to initiate contract changes swiftly. Overall, stakeholders in the field may express varied opinions on how these legislative changes can impact service delivery and accountability.
Texas Constitutional Statutes Affected
Family Code
Chapter 264. Child Welfare Services
Section: 165
Section: 166
Human Resources Code
Chapter 40. Department Of Family And Protective Services
Identical
Relating to certain requirements regarding a contract between a single source continuum contractor and the Department of Family and Protective Services.
Same As
Relating to certain requirements regarding a contract between a single source continuum contractor and the Department of Family and Protective Services.
Relating to the exchange of certain information between the Department of Family and Protective Services or certain foster care services contractors and a state or local juvenile justice agency.
Relating to the exchange of certain information between the Department of Family and Protective Services or certain foster care services contractors and a state or local juvenile justice agency.
Relating to the liability of entities contracted with the Department of Family and Protective Services to provide community-based care or child welfare services.
Relating to the liability of entities contracted with the Department of Family and Protective Services to provide community-based care or child welfare services.
Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.
Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.
Relating to certain procedures in a suit affecting the parent-child relationship for a child placed in the conservatorship of the Department of Family and Protective Services and the provision of family preservation services and community-based foster care.
Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.