Texas 2025 - 89th Regular

Texas Senate Bill SB1398 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R6076 AMF-D
1	2		By: Kolkhorst S.B. No. 1398
2		-	(In the Senate - Filed February 19, 2025; March 6, 2025,
3		-	read first time and referred to Committee on Health & Human
4		-	Services; April 7, 2025, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	April 7, 2025, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1398 By: Hughes
	3	+
	4	+
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to certain procedures in a suit affecting the parent-child
14	10		relationship for a child placed in the conservatorship of the
15	11		Department of Family and Protective Services and the provision of
16	12		family preservation services and community-based foster care.
17	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	14		SECTION 1. Section 262.401(3), Family Code, is amended to
19	15		read as follows:
20	16		(3) "Family preservation service" means [a]
21	17		time-limited, family-focused services [service], including
22	18		services [a service] subject to the Family First Prevention
23		-	Services Act (Title VII, Div. E, Pub. L. No. 115-123) ~~and services~~
24		-	approved under the Title IV-E state ~~plan[,] provided to the family~~
25		-	of a child who is:
	19	+	Services Act (Title VII, Div. E, Pub. L. No. 115-123), family-based
	20	+	safety services, and services approved under the Title IV-E state
	21	+	plan provided to the family of a child who is:
26	22		(A) a candidate for foster care to prevent or
27	23		eliminate the need to remove the child and to allow the child to
28	24		remain safely with the child's family; [or]
29		-	(B) a pregnant or parenting foster youth; or
	25	+	(B) a pregnant or parenting foster youth;
30	26		(C) a member of a household that is subject to an
31		-	order rendered under Section 264.203.
	27	+	order rendered under Section 264.203; or
	28	+	(D) the subject of a monitored return under
	29	+	Section 263.403.
32	30		SECTION 2. The heading to Section 262.411, Family Code, is
33	31		amended to read as follows:
34	32		Sec. 262.411. SELECTION OF SERVICE PROVIDER;
35	33		REIMBURSEMENT.
36		-	SECTION 3. Section 262.411(c), Family Code, is amended to
	34	+	SECTION 3. Section 262.411, Family Code, is amended by
	35	+	amending Subsection (c) and adding Subsections (c-1) and (c-2) to
37	36		read as follows:
38	37		(c) A [parent,] managing conservator, guardian, or other
39	38		member of a household who is not a parent and who obtains family
40	39		preservation services from a provider selected by the person is
41	40		responsible for the cost of those services.
	41	+	(c-1) The department shall reimburse a service provider
	42	+	selected by the parent under Subsection (a) who is not under
	43	+	contract with the department in an amount equal to the average cost
	44	+	for the specific service, including any virtual services, from
	45	+	department contractors providing the service in the region where
	46	+	the parent resides.
	47	+	(c-2) The department shall:
	48	+	(1) adopt rules relating to the manner in which
	49	+	providers are reimbursed for services provided under this section;
	50	+	(2) implement this section using existing resources;
	51	+	and
	52	+	(3) prioritize payments to providers of in-home
	53	+	support services under Section 264.2011.
42	54		SECTION 4. Subchapter A, Chapter 263, Family Code, is
43	55		amended by adding Section 263.0022 to read as follows:
44	56		Sec. 263.0022. TEMPORARY EMERGENCY SUPERVISION; MONTHLY
45	57		REPORT. (a) In this section, "temporary emergency supervision"
46	58		means the supervision and care provided by the department or a
47	59		single source continuum contractor for a child without placement
48	60		for whom the department has been appointed as the temporary or
49	61		permanent managing conservator.
50	62		(b) The department or a single source continuum contractor
51	63		may not advocate for and a court may not render an order placing a
52		-	child in temporary emergency supervision if an appropriate
	64	+	child in temporary emergency supervision if a safe and appropriate
53	65		placement is available. The department or the contractor and the
54	66		court may not consider a child's refusal to stay in a placement when
55		-	determining whether the placement is appropriate.
	67	+	determining whether the placement is safe and appropriate.
56	68		(c) Before a court may order temporary emergency
57	69		supervision for a child, the department or the single source
58	70		continuum contractor shall submit a report to the court that
59	71		includes information regarding each attempted placement,
60	72		including:
61	73		(1) the type of placement;
62	74		(2) the location of the placement;
63	75		(3) the date the department or the contractor
64	76		contacted the placement; and
65	77		(4) the reason the department or the contractor
66		-	determined the placement was not appropriate.
	78	+	determined the placement was not safe or appropriate.
	79	+	(d) The department shall prepare and submit a monthly report
	80	+	to the legislature related to children in temporary emergency
	81	+	supervision. The report must include, for the preceding month:
	82	+	(1) the total number of children in temporary
	83	+	emergency supervision;
	84	+	(2) for each child in temporary emergency supervision:
	85	+	(A) the child's:
	86	+	(i) age, sex, race, and ethnicity; and
	87	+	(ii) foster care service level;
	88	+	(B) the location of the temporary emergency
	89	+	supervision;
	90	+	(C) the number of consecutive days the child has
	91	+	been in temporary emergency supervision;
	92	+	(D) the number of times the child has been in
	93	+	temporary emergency supervision while under the temporary or
	94	+	permanent managing conservatorship of the department;
	95	+	(E) the reason the child was placed in temporary
	96	+	emergency supervision; and
	97	+	(F) if the child in temporary emergency
	98	+	supervision refused a placement, whether the department or the
	99	+	single source continuum contractor determined that the placement
	100	+	was safe and appropriate; and
	101	+	(3) the total cost of providing temporary emergency
	102	+	supervision, including:
	103	+	(A) direct supervision costs, including staff
	104	+	hours dedicated to supervision calculated at the staff member's
	105	+	hourly rate and overtime hours;
	106	+	(B) administrative costs related to temporary
	107	+	emergency supervision, including time spent coordinating,
	108	+	documenting, and reporting;
	109	+	(C) travel costs, including staff hours and
	110	+	mileage reimbursement;
	111	+	(D) the cost of security personnel, including
	112	+	off-duty law enforcement; and
	113	+	(E) facility or room costs.
67	114		SECTION 5. Section 264.107(g), Family Code, is amended to
68	115		read as follows:
69	116		(g) If the department or single source continuum contractor
70		-	is unable to find an appropriate placement for a child, an employee
71		-	of the department or contractor who has on file with the department
72		-	or contractor, as applicable, a background and criminal history
73		-	check may provide temporary emergency supervision [care] for the
74		-	child. The employee may not provide temporary emergency supervision
75		-	[care] under this subsection in the employee's residence. The
76		-	department or contractor shall provide notice to the court for a
77		-	child placed in temporary emergency supervision [care] under this
78		-	subsection not later than the next business day after the date the
79		-	child is placed in temporary emergency supervision [care].
	117	+	is unable to find a safe and [an] appropriate placement for a child,
	118	+	an employee of the department or contractor who has on file with the
	119	+	department or contractor, as applicable, a background and criminal
	120	+	history check may provide temporary emergency supervision [care]
	121	+	for the child. The employee may not provide temporary emergency
	122	+	supervision [care] under this subsection in the employee's
	123	+	residence. The department or contractor shall provide notice to
	124	+	the court for a child placed in temporary emergency supervision
	125	+	[care] under this subsection not later than the next business day
	126	+	after the date the child is placed in temporary emergency
	127	+	supervision [care].
80	128		SECTION 6. Section 264.1261(b), Family Code, is amended to
81	129		read as follows:
82	130		(b) Appropriate department management personnel from a
83	131		child protective services region in which community-based care has
84	132		not been implemented, in collaboration with foster care providers,
85	133		faith-based organizations [entities], and child advocates in that
86	134		region, shall use data collected by the department on foster care
87	135		capacity needs and availability of each type of foster care and
88	136		kinship placement in the region to create a plan to address the
89	137		substitute care capacity needs in the region. The plan must
90	138		identify both short-term and long-term goals and strategies for
91	139		addressing those capacity needs.
92	140		SECTION 7. Section 264.152, Family Code, is amended by
93	141		amending Subdivision (2) and adding Subdivisions (5) and (6) to
94	142		read as follows:
95	143		(2) "Case management" means the provision of case
96	144		management services to a child for whom the department has been
97	145		appointed temporary or permanent managing conservator or to the
98	146		child's family, a young adult in extended foster care, a relative or
99	147		kinship caregiver, or a child who has been placed in the catchment
100	148		area through the Interstate Compact on the Placement of Children,
101	149		and includes:
102	150		(A) caseworker visits with the child;
103	151		(B) family and caregiver visits;
104	152		(C) convening and conducting permanency planning
105	153		meetings;
106	154		(D) the development and revision of child and
107	155		family plans of service, including a permanency plan and goals for a
108	156		child or young adult in care;
109	157		(E) the coordination and monitoring of services
110	158		required by the child and the child's family or caregivers,
111	159		including:
112	160		(i) pre-adoption and post-adoption
113	161		assistance;
114	162		(ii) services for children in the
115	163		conservatorship of the department who must transition to
116	164		independent living; and
117	165		(iii) services related to family
118	166		reunification, including services to support a monitored return;
119	167		(F) the assumption of court-related duties
120	168		regarding the child, including:
121	169		(i) providing any required notifications or
122	170		consultations;
123	171		(ii) preparing court reports;
124	172		(iii) attending judicial and permanency
125	173		hearings, trials, and mediations;
126	174		(iv) complying with applicable court
127	175		orders; and
128	176		(v) ensuring the child is progressing
129	177		toward the goal of permanency within state and federally mandated
130	178		guidelines; and
131	179		(G) any other function or service that the
132	180		department determines necessary to allow a single source continuum
133	181		contractor to assume responsibility for case management.
134	182		(5) "Faith-based organization" means a religious or
135	183		denominational institution or organization, including an
136	184		organization operated for religious, educational, or charitable
137	185		purposes and operated, supervised, or controlled, in whole or in
138	186		part, by or in connection with a religious organization.
139	187		(6) "Family preservation service" means time-limited,
140	188		family-focused services, including services subject to the Family
141	189		First Prevention Services Act (Title VII, Div. E, Pub. L.
142		-	No. 115-123) and services approved under the Title IV-E state plan
143		-	provided to the family of a child who is:
	190	+	No. 115-123), family-based safety services, and services approved
	191	+	under the Title IV-E state plan provided to the family of a child
	192	+	who is:
144	193		(A) a candidate for foster care to prevent or
145	194		eliminate the need to remove the child and to allow the child to
146	195		remain safely with the child's family;
147		-	(B) a pregnant or parenting foster youth; or
	196	+	(B) a pregnant or parenting foster youth;
148	197		(C) a member of a household that is subject to an
149		-	order rendered under Section 264.203.
	198	+	order rendered under Section 264.203; or
	199	+	(D) the subject of a monitored return under
	200	+	Section 263.403.
150	201		SECTION 8. Section 264.153, Family Code, is amended to read
151	202		as follows:
152	203		Sec. 264.153. COMMUNITY-BASED CARE IMPLEMENTATION PLAN.
153	204		(a) The department shall develop and maintain a plan for
154	205		implementing community-based care. The plan must:
155	206		(1) describe the department's expectations, goals, and
156	207		approach to implementing community-based care;
157	208		(2) include a timeline for implementing
158	209		community-based care throughout this state, any limitations
159	210		related to the implementation, and a progressive intervention plan
160	211		and a contingency plan to provide continuity of the delivery of
161	212		foster care services and services for relative and kinship
162	213		caregivers if a contract with a single source continuum contractor
163	214		ends prematurely;
164	215		(3) delineate and define the case management roles and
165	216		responsibilities of the department and the department's
166	217		contractors and the duties, employees, and related funding that
167	218		will be transferred to the contractor by the department;
168	219		(4) identify any training needs and include long-range
169	220		and continuous plans for training and cross-training staff,
170	221		including plans to train caseworkers using the standardized
171	222		curriculum created by the human trafficking prevention task force
172	223		under Section 402.035(d)(6), Government Code, as that section
173	224		existed on August 31, 2017;
174	225		(5) include a plan for evaluating the costs and tasks
175	226		associated with each contract procurement, including the initial
176	227		and ongoing contract costs for the department and contractor;
177	228		(6) include the department's contract monitoring
178	229		approach and a plan for evaluating the continuous performance of
179	230		each contractor and the community-based care system as a whole that
180	231		includes an [independent] evaluation of each contractor's
181	232		processes and fiscal and qualitative outcomes; and
182	233		(7) include a report on transition issues resulting
183	234		from implementation of community-based care.
184	235		(b) The department shall annually:
185	236		(1) update the implementation plan developed under
186	237		this section and post the updated plan on the department's Internet
187	238		website; and
188	239		(2) post on the department's Internet website the
189	240		progress the department has made toward its goals for implementing
190	241		community-based care, including:
191	242		(A) performance measure data from each single
192	243		source continuum contractor;
193	244		(B) quality improvement plans and corrective
194	245		action plans for each contractor; and
195		-	(C) ~~a summary of~~ contractor ~~actions~~ to ~~be taken~~
196		-	~~to address the plans~~ described by Paragraph (B).
	246	+	(C) any contractor responses to the plans
	247	+	described by Paragraph (B).
197	248		SECTION 9. The heading to Section 264.154, Family Code, is
198	249		amended to read as follows:
199	250		Sec. 264.154. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM
200	251		CONTRACTOR; SELECTION; PUBLICATION.
201	252		SECTION 10. Section 264.154, Family Code, is amended by
202	253		adding Subsections (d) and (e) to read as follows:
203	254		(d) The department shall annually post on the department's
204	255		Internet website:
205	256		(1) the list of single source continuum contractors
206	257		providing services under this subchapter; and
207	258		(2) a description of each contractor's full corporate
208	259		structure, including divisions and subsidiaries.
209	260		(e) A single source continuum contractor shall provide
210	261		information described by Subsection (d)(2) to the department.
211	262		SECTION 11. The heading to Section 264.155, Family Code, is
212	263		amended to read as follows:
213	264		Sec. 264.155. [REQUIRED] CONTRACT PROVISIONS.
214	265		SECTION 12. Section 264.155, Family Code, is amended by
215	266		amending Subsection (a) and adding Subsection (a-1) to read as
216	267		follows:
217	268		(a) A contract with a single source continuum contractor to
218	269		provide community-based care services in a catchment area must
219	270		include provisions that:
220		-	(1) establish a sequential plan [timeline] for the
221		-	implementation of community-based care in the catchment area,
222		-	including a sequential plan [timeline] for implementing the
223		-	following in an order determined by the department based on
224		-	community needs and readiness and contractor capacity:
	271	+	(1) establish a timeline for the implementation of
	272	+	community-based care in the catchment area, including a timeline
	273	+	for implementing the following in an order determined by the
	274	+	department based on community needs and contractor capacity:
225	275		(A) family preservation services;
226	276		(B) case management services for children,
227	277		families, and relative and kinship caregivers receiving services in
228	278		the catchment area; and
229	279		(C) [(B)] family reunification support services
230	280		to be provided after a child receiving services from the contractor
231	281		is returned to the child's family;
232	282		(2) establish conditions for the single source
233	283		continuum contractor's access to relevant department data and
234	284		require the participation of the contractor in the data access and
235	285		standards governance council created under Section 264.159;
236	286		(3) require the single source continuum contractor to
237	287		create a single process for the training and use of alternative
238	288		caregivers for all child-placing agencies in the catchment area to
239	289		facilitate reciprocity of licenses for alternative caregivers
240	290		between agencies, including respite and overnight care providers,
241	291		as those terms are defined by department rule;
242	292		(4) require the single source continuum contractor to
243	293		maintain a diverse network of service providers that offer a range
244	294		of foster capacity options and that can accommodate children from
245	295		diverse cultural backgrounds;
246	296		(5) require [allow] the department to conduct annual
247	297		[a] performance reviews [review] of the contractor beginning on the
248	298		first anniversary of the contract to:
249	299		(A) [18 months after the contractor has begun
250	300		providing case management and family reunification support
251	301		services to all children and families in the catchment area and]
252	302		determine if the contractor has achieved applicable [any]
253		-	performance outcomes and other requirements specified in the
254		-	contract as determined by services implemented at the time of the
255		-	review, including data related to:
	303	+	performance outcomes specified in the contract as determined by
	304	+	services implemented at the time of the review, including:
256	305		(i) the percentage of children reunified
257		-	with their families after a suit is filed by the department;
	306	+	with their families within 6 months, 12 months, 18 months, and 24
	307	+	months or later, after the date a suit is filed by the department;
258	308		(ii) the percentage of children who reenter
259		-	the conservatorship of the department;
	309	+	the conservatorship of the department within 6 months, 12 months,
	310	+	or 36 months after the date the child leaves the conservatorship of
	311	+	the department, disaggregated by case outcome and reason for
	312	+	reentry;
260	313		(iii) the percentage of children who remain
261		-	in the conservatorship of the department until the age of majority;
262		-	(iv) the percentage of children who
263		-	experience multiple placement moves while in substitute care; and
	314	+	in the conservatorship of the department until the age of majority,
	315	+	including the percentage of children receiving extended foster care
	316	+	services;
	317	+	(iv) the number of placement moves per
	318	+	1,000 days a child is in substitute care, disaggregated by
	319	+	placement type and the number of days in each placement type;
264	320		(v) the percentage of families completing
265		-	family preservation services to mitigate findings of abuse or
266		-	neglect;
	321	+	family preservation services within 3 months, 6 months, 9 months,
	322	+	and 12 months, and after 12 months after the date a suit is filed by
	323	+	the department, disaggregated by type of service;
	324	+	(vi) the percentage of children entering
	325	+	the conservatorship of the department within 6 months, 12 months,
	326	+	and 24 months of the date the child's family begins receiving family
	327	+	preservation services, including the reason the department was
	328	+	granted conservatorship;
	329	+	(vii) the percentage of children entering
	330	+	the conservatorship of the department within 6 months, 12 months,
	331	+	24 months, and 48 months of the date the child's family completes
	332	+	family preservation services, including the reason the department
	333	+	was granted conservatorship; and
	334	+	(viii) the percentage of children residing
	335	+	with one parent, with both parents, or in a shared custody
	336	+	arrangement between parents on completion of family preservation
	337	+	services;
267	338		(B) ensure service authorizations are based on
268	339		documented criteria and are not being used to negatively impact a
269	340		child's access to care by conducting utilization reviews on a
270	341		sample of cases at least biennially;
271	342		(C) review the contractor's compliance with
272	343		requirements related to conflicts of interest and financial
273	344		disclosures; and
274	345		(D) assess the adequacy of the contractor's
275	346		provider network and service delivery system;
276	347		(6) following the review under Subdivision (5),
277	348		require [allow] the department to:
278	349		(A) publish the review on the department's
279	350		Internet website;
280		-	(B) impose financial remedies [penalties] on the
281		-	contractor for failing to:
282		-	(i) meet applicable [any specified]
283		-	performance outcomes, contract requirements, or deliverables, as
284		-	determined by services implemented at the time of the review; or
285		-	(ii) follow applicable court orders
286		-	relating to child welfare;
287		-	(C) [(B)] award financial incentives to the
	351	+	(B) impose financial penalties on the contractor
	352	+	for failing to meet applicable [any specified] performance outcomes
	353	+	as determined by services implemented at the time of the review;
	354	+	(C) [or
	355	+	[(B)] award financial incentives to the
288	356		contractor for exceeding applicable [any specified] performance
289	357		outcomes as determined by services implemented at the time of the
290	358		review; and
291	359		(D) if deficiencies in the provision of services
292	360		are identified, impose a corrective action plan to address the
293	361		deficiencies that:
294	362		(i) includes a timeline for addressing the
295	363		deficiencies; and
296	364		(ii) provides for escalating interventions
297	365		if deficiencies are not addressed;
298	366		(7) allow the department to implement formal measures
299	367		to ensure the contractor is delivering high-quality service,
300	368		including quality improvement plans, financial interventions, and
301	369		other appropriate interventions or restrictions;
302		-	(8) require the adoption of a capitated funding
303		-	methodology for the provision of all services not later than the
304		-	third anniversary of the date the contract is executed;
	370	+	(8) except as provided by Subdivision (9), following
	371	+	the review under Subdivision (5), transfer the provision of family
	372	+	preservation services to the contractor only if:
	373	+	(A) the contractor is not subject to a corrective
	374	+	action plan or other contract remedy for failure to meet applicable
	375	+	performance outcomes;
	376	+	(B) the department determines that the
	377	+	contractor has demonstrated sufficient capacity to provide family
	378	+	preservation services; and
	379	+	(C) an external review indicates the contractor
	380	+	has adequate systems and processes in place to effectively provide
	381	+	family preservation services;
305	382		(9) for a catchment area in which a contractor has not
306	383		implemented services before September 1, 2023, if family
307	384		preservation services are included in the initial service
308	385		implementation, require:
309	386		(A) an external review to ensure the contractor
310	387		has adequate systems and processes in place to effectively provide
311	388		family preservation services;
312	389		(B) the establishment of performance outcomes
313	390		specific to family preservation services; and
314	391		(C) the achievement of the performance outcomes
315	392		as a condition of continued provision or expansion of family
316	393		preservation services;
317	394		(10) [(7)] require the contractor to give preference
318	395		for employment to employees of the department:
319	396		(A) whose position at the department is impacted
320	397		by the implementation of community-based care; and
321	398		(B) who are considered by the department to be
322	399		employees in good standing;
323	400		(11) [(8)] require the contractor to implement
324	401		[provide] preliminary and ongoing community engagement plans to
325	402		ensure communication and collaboration with local stakeholders in
326	403		the catchment area that include the establishment of a community
327	404		advisory committee that:
328	405		(A) meets at least quarterly;
329	406		(B) maintains, as the majority of the committee's
330	407		membership, members not employed by or contracted with the
331	408		contractor; and
332	409		(C) includes representatives from[, including]
333	410		any of the following:
334	411		(i) [(A)] community faith-based
335	412		organizations [entities];
336	413		(ii) [(B)] the judiciary;
337	414		(iii) [(C)] court-appointed special
338	415		advocates;
339	416		(iv) [(D)] child advocacy centers;
340	417		(v) [(E)] service providers;
341	418		(vi) [(F)] foster families;
342	419		(vii) [(G)] biological parents;
343	420		(viii) [(H)] foster youth and former foster
344	421		youth;
345	422		(ix) [(I)] relative or kinship caregivers;
346	423		(x) [(J)] child welfare boards, if
347	424		applicable;
348	425		(xi) [(K)] attorneys ad litem;
349	426		(xii) [(L)] attorneys that represent
350	427		parents involved in suits filed by the department; and
351	428		(xiii) [(M)] any other stakeholders, as
352	429		determined by the contractor;
353	430		(12) require the department to include findings and
354	431		recommendations from the advisory committee established under
355	432		Subdivision (11) in:
356	433		(A) the annual performance review under
357	434		Subdivision (5);
358	435		(B) any corrective action plan under Subdivision
359	436		(6)(D); and
360	437		(C) any other applicable quality improvement
361	438		measures; and
362	439		(13) [(9)] require that the contractor comply with any
363	440		applicable court order issued by a court of competent jurisdiction
364	441		in the case of a child for whom the contractor has assumed case
365	442		management responsibilities or an order imposing a requirement on
366	443		the department that relates to functions assumed by the contractor.
367	444		(a-1) A contract with a single source continuum contractor
368	445		to provide community-based care services in a catchment area may
369	446		include provisions that require the contractor to develop a program
370	447		to recruit and retain foster parents from faith-based
371	448		organizations, including requirements for the contractor to:
372	449		(1) collaborate with faith-based organizations to
373	450		inform prospective foster parents about:
374	451		(A) the need for foster parents in the community;
375	452		(B) the requirements for becoming a foster
376	453		parent; and
377	454		(C) any other aspect of the foster care program
378	455		that is necessary to recruit foster parents;
379	456		(2) provide training for prospective foster parents;
380	457		and
381	458		(3) identify and recommend ways in which faith-based
382	459		organizations may support persons as they are recruited, are
383	460		trained, and serve as foster parents.
384	461		SECTION 13. Section 264.156(a), Family Code, is amended to
385	462		read as follows:
386	463		(a) The department shall develop a formal review process to
387	464		assess the ability of a single source continuum contractor to
388	465		satisfy the responsibilities and administrative requirements of
389	466		delivering foster care services and services for relative and
390	467		kinship caregivers, including the contractor's ability to provide:
391	468		(1) family preservation services;
392	469		(2) case management services for children and
393	470		families;
394	471		(3) [(2)] evidence-based, promising practice, or
395	472		evidence-informed supports for children and families; and
396	473		(4) [(3)] sufficient available capacity for inpatient
397	474		and outpatient services and supports for children at all service
398	475		levels who have previously been placed in the catchment area.
399	476		SECTION 14. Sections 264.158(a) and (b), Family Code, are
400	477		amended to read as follows:
401	478		(a) In each initial catchment area where community-based
402	479		care has been implemented or a contract with a single source
403	480		continuum contractor has been executed before September 1, 2017,
404	481		the department shall transfer to the single source continuum
405	482		contractor providing foster care services in that area:
406	483		(1) family preservation services;
407	484		(2) the case management of children, relative and
408	485		kinship caregivers, and families receiving services from that
409	486		contractor; and
410	487		(3) [(2)] family reunification support services to be
411	488		provided after a child receiving services from the contractor is
412	489		returned to the child's family for the period of time ordered by the
413	490		court.
414	491		(b) The commission shall include a provision in a contract
415	492		with a single source continuum contractor to provide foster care
416	493		services and services for relative and kinship caregivers in a
417	494		catchment area to which community-based care is expanded after
418	495		September 1, 2017, that requires the transfer to the contractor of
419	496		the provision of:
420	497		(1) family preservation services;
421	498		(2) the case management services for children,
422	499		relative and kinship caregivers, and families in the catchment area
423	500		where the contractor will be operating; and
424	501		(3) [(2)] family reunification support services to be
425	502		provided after a child receiving services from the contractor is
426	503		returned to the child's family.
427	504		SECTION 15. Section 264.162, Family Code, is amended to
428	505		read as follows:
429	506		Sec. 264.162. REVIEW OF CONTRACTOR PERFORMANCE. The
430	507		department shall develop a formal review process that includes a
431	508		monitoring schedule to evaluate a single source continuum
432	509		contractor's implementation of placement services and case
433	510		management services in a catchment area. The department shall post
434	511		the monitoring schedule on the department's Internet website.
435	512		SECTION 16. The heading to Section 264.2031, Family Code,
436	513		is amended to read as follows:
437	514		Sec. 264.2031. SELECTION OF SERVICE PROVIDER;
438	515		REIMBURSEMENT.
439		-	SECTION 17. Section 264.2031(b), Family Code, is amended to
	516	+	SECTION 17. Section 264.2031, Family Code, is amended by
	517	+	amending Subsection (b) and adding Subsections (b-1) and (d) to
440	518		read as follows:
441	519		(b) A [parent,] managing conservator, guardian, or other
442	520		member of a household who is not a parent and who obtains services
443	521		from a provider selected by the person is responsible for the cost
444	522		of those services.
445		-	SECTION 18. Section 40.0583, Human Resources Code, is
446		-	amended to read as follows:
447		-	Sec. 40.0583. STATE AUDITOR REVIEW OF CONTRACTS. The state
448		-	auditor shall biennially [annually] review the department's
449		-	performance-based contracts to determine whether the department is
450		-	properly enforcing contract provisions with providers and to
451		-	provide recommendations for improving department oversight and
452		-	execution of contracts.
453		-	SECTION 19. Sections 264.113(a), (b), and (c), Family Code,
	523	+	(b-1) The department shall reimburse a service provider
	524	+	selected by the parent under Subsection (a) who is not under
	525	+	contract with the department in an amount equal to the average cost
	526	+	for the specific service, including any virtual services, from
	527	+	department contractors providing the service in the region where
	528	+	the parent resides.
	529	+	(d) The department shall:
	530	+	(1) adopt rules relating to the manner in which
	531	+	providers are reimbursed for services provided under this section;
	532	+	(2) implement this section using existing resources;
	533	+	and
	534	+	(3) prioritize payments to providers of in-home
	535	+	support services under Section 264.2011.
	536	+	SECTION 18. Sections 264.113(a), (b), and (c), Family Code,
454	537		are repealed.
455		-	SECTION 20. (a) Section 263.0022, Family Code, as added by
	538	+	SECTION 19. (a) Section 263.0022, Family Code, as added by
456	539		this Act, applies to a placement review hearing of a child
457	540		regardless of the date on which the Department of Family and
458	541		Protective Services is named the child's managing conservator.
459	542		(b) Sections 264.152, 264.155, 264.156(a), and 264.158(a)
460	543		and (b), Family Code, as amended by this Act, apply only to a
461		-	contract with a single source continuum contractor entered into or
462		-	amended on or after the effective date of this Act. A contract with
463		-	a single source continuum contractor entered into before the
464		-	effective date of this Act and not amended after that date is
465		-	governed by the law in effect on the date the contract was entered
466		-	into or amended, and the former law is continued in effect for that
	544	+	contract with a single source continuum contractor entered into on
	545	+	or after the effective date of this Act. A contract with a single
	546	+	source continuum contractor entered into before the effective date
	547	+	of this Act is governed by the law in effect on the date the contract
	548	+	was entered into, and the former law is continued in effect for that
467	549		purpose.
468		-	SECTION 21. This Act takes effect September 1, 2025.
469		-	* * * * *
	550	+	SECTION 20. This Act takes effect September 1, 2025.