Texas 2025 - 89th Regular

Texas Senate Bill SB837 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3096 AMF-D
2	2	By: Kolkhorst S.B. No. 837
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a family preservation services program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter F, Chapter 262, Family
12	12	Code, is amended to read as follows:
13	13	SUBCHAPTER F. FAMILY PRESERVATION SERVICES [PILOT] PROGRAM
14	14	SECTION 2. Section 262.401, Family Code, is amended by
15	15	amending Subdivisions (1), (3), and (4) and adding Subdivision (6)
16	16	to read as follows:
17	17	(1) "Child who is a candidate for foster care" means a
18	18	child who is at imminent risk of being removed from the child's home
19	19	and placed into the conservatorship of the department because:
20	20	(A) a department investigation found reason to
21	21	believe abuse or neglect occurred;
22	22	(B) there is [of] a continuing danger to the
23	23	child's physical health or safety caused by an act or failure to act
24	24	of a person entitled to possession of the child; and
25	25	(C) [but for whom] a court of competent
26	26	jurisdiction has issued an order allowing the child to remain
27	27	safely in the child's home or in a kinship placement with the
28	28	provision of family preservation services.
29	29	(3) "Family preservation service" means a
30	30	time-limited, family-focused service, including a short-term
31	31	expense service or a service subject to the Family First Prevention
32	32	Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to
33	33	the family of a child who is:
34	34	(A) a candidate for foster care to prevent or
35	35	eliminate the need to remove the child and to allow the child to
36	36	remain safely with the child's family; or
37	37	(B) a pregnant or parenting foster youth.
38	38	(4) "Family preservation services plan" means a
39	39	written plan for remedying child abuse and neglect, based on a
40	40	professional assessment using evidence-based tools and strategies,
41	41	listing the family preservation services, including services
42	42	subject to the Family First Prevention Services Act (Title VII,
43	43	Div. E, Pub. L. No. 115-123), to be provided to the family of a
44	44	child who is:
45	45	(A) a candidate for foster care; or
46	46	(B) a pregnant or parenting foster youth.
47	47	(6) "Short-term expense service" means time-limited
48	48	funding for the reimbursement of short-term expenses necessary to
49	49	allow a child to remain in the child's home, including rent,
50	50	transportation expenses, educational or job skills programs, or
51	51	in-home support services.
52	52	SECTION 3. The heading to Section 262.402, Family Code, is
53	53	amended to read as follows:
54	54	Sec. 262.402. [PILOT] PROGRAM FOR FAMILY PRESERVATION
55	55	SERVICES.
56	56	SECTION 4. Section 262.402, Family Code, is amended by
57	57	amending Subsections (a) and (d) and adding Subsection (e) to read
58	58	as follows:
59	59	(a) The department shall establish a [pilot] program that
60	60	allows the department to dispose of an investigation by:
61	61	(1) referring the family of a child who is a candidate
62	62	for foster care for family preservation services and allowing the
63	63	child to return home instead of entering foster care; or
64	64	(2) [by] providing family preservation services to a
65	65	pregnant or parenting foster youth. [The department shall implement
66	66	the pilot program in two child protective services regions in this
67	67	state, one urban and one rural.]
68	68	(d) In implementing the [pilot] program, the department
69	69	shall use:
70	70	(1) Title IV-E funds to:
71	71	(A) pay for legal representation for parents in
72	72	the manner provided by Section 107.015; or
73	73	(B) provide to counties a matching reimbursement
74	74	for the cost of the legal representation; and
75	75	(2) funds received under assistance programs
76	76	including the Temporary Assistance for Needy Families (TANF)
77	77	program or other department funds to provide short-term expense
78	78	[enhanced in-home support] services to families qualifying for
79	79	prevention services under this subchapter to achieve the objectives
80	80	in the family preservation services plan.
81	81	(e) A family may not receive short-term expense services for
82	82	longer than 90 days. The commissioner of the department shall by
83	83	rule establish a maximum amount that a family may receive in
84	84	short-term expense services under each family preservation
85	85	services plan.
86	86	SECTION 5. Section 262.405, Family Code, is amended by
87	87	adding Subsection (a-1) to read as follows:
88	88	(a-1) The court may not appoint a guardian ad litem to
89	89	represent the best interests of a child in a suit filed under
90	90	Section 262.404.
91	91	SECTION 6. Section 262.406, Family Code, is amended by
92	92	adding Subsection (e) to read as follows:
93	93	(e) An order rendered under this section expires on the
94	94	first anniversary of the date the order is signed.
95	95	SECTION 7. Section 262.407(c), Family Code, is amended to
96	96	read as follows:
97	97	(c) The family preservation services plan must:
98	98	(1) include a safety risk assessment of the child who
99	99	is the subject of the investigation and an assessment of the child's
100	100	family;
101	101	(2) state the reasons the department is involved with
102	102	the family;
103	103	(3) be narrowly tailored to address the specific
104	104	reasons the department is involved with the family and the factors
105	105	that make the child a candidate for foster care;
106	106	(4) list the specific family preservation services the
107	107	family will receive under the plan, including services provided by
108	108	an entity other than the department, such as the Texas Workforce
109	109	Commission or a local mental health authority, and identify the
110	110	manner in which those services will mitigate the child's specific
111	111	risk factors and allow the child to remain safely at home;
112	112	(5) specify the tasks the family must complete during
113	113	the effective period of the plan and include a schedule with
114	114	appropriate completion dates for those tasks; and
115	115	(6) include the name of the department or single
116	116	source continuum contractor representative who will serve as a
117	117	contact for the family in obtaining information related to the
118	118	plan.
119	119	SECTION 8. Section 262.408(d), Family Code, is amended to
120	120	read as follows:
121	121	(d) The family preservation services plan remains in effect
122	122	until:
123	123	(1) the first anniversary of [the 180th day after] the
124	124	date the court's order for family preservation services is signed[,
125	125	unless renewed by an order of the court]; or
126	126	(2) the date the plan is amended or revoked by the
127	127	court.
128	128	SECTION 9. Section 262.409(e), Family Code, is amended to
129	129	read as follows:
130	130	(e) The amended family preservation services plan is in
131	131	effect until:
132	132	(1) the first anniversary of [the 180th day after] the
133	133	date the court's order for family preservation services is signed[,
134	134	unless renewed by an order of the court]; or
135	135	(2) the date the amended plan is modified or revoked by
136	136	the court.
137	137	SECTION 10. Sections 262.415(a) and (b), Family Code, are
138	138	amended to read as follows:
139	139	(a) The department may contract with one or more persons to
140	140	provide family preservation services under the [pilot] program. In
141	141	a child protective services region in this state in which
142	142	community-based care under Subchapter B-1, Chapter 264, has been
143	143	implemented [and in which the pilot program is implemented], the
144	144	department may contract with the single source continuum contractor
145	145	to provide family preservation services under the [pilot] program.
146	146	The term of a contract under this section may not exceed three years
147	147	and may be extended only one time for not more than one year.
148	148	(b) The contract with the person selected to provide family
149	149	preservation services must include performance-based measures that
150	150	require the person to show that as a result of the services:
151	151	(1) fewer children enter foster care in the [pilot
152	152	program] region in comparison to other regions of this state;
153	153	(2) fewer children are removed from their families
154	154	after receiving the services in the [pilot program] region in
155	155	comparison to other regions of this state; and
156	156	(3) fewer children enter foster care in the five years
157	157	following completion of the services in the [pilot program] region
158	158	in comparison to other regions of this state.
159	159	SECTION 11. Section 262.416, Family Code, is amended to
160	160	read as follows:
161	161	Sec. 262.416. LIMITS [LIMIT] ON FINANCE OF SERVICES. (a)
162	162	If a court order for services under this subchapter includes
163	163	services that are not subject to the Family First Prevention
164	164	Services Act (Title VII, Div. E., Pub. L. No. 115-123), the order
165	165	must identify a method of financing for the services and the local
166	166	jurisdiction that will pay for the services.
167	167	(b) The commissioner of the department by rule shall
168	168	establish funding limits for family preservation services provided
169	169	under each family preservation services plan and lifetime funding
170	170	limits for family preservation services provided to a single
171	171	family.
172	172	SECTION 12. Section 262.417, Family Code, is amended to
173	173	read as follows:
174	174	Sec. 262.417. REPORT TO LEGISLATURE. (a) Not later than
175	175	the first anniversary of the date the department commences the [a
176	176	pilot] program under this subchapter and every two years after that
177	177	date, the department shall contract with an entity based in this
178	178	state that is independent of the department and has demonstrated
179	179	expertise in statistical, financial, logistical, and operational
180	180	analysis to evaluate the implementation of the [pilot] program
181	181	under this subchapter, assess its progress, and report its findings
182	182	to the appropriate standing committees of the legislature having
183	183	jurisdiction over child protective services and foster care
184	184	matters. The report must include:
185	185	(1) a detailed description of the actions taken by the
186	186	department to ensure the successful implementation of the [pilot]
187	187	program;
188	188	(2) a detailed analysis of the role each of the
189	189	following entities has in the [pilot] program:
190	190	(A) the courts;
191	191	(B) legal representatives;
192	192	(C) the investigations division of the
193	193	department; and
194	194	(D) the department or other entity implementing
195	195	the [pilot] program;
196	196	(3) an analysis of any barrier to the successful
197	197	implementation of the [pilot] program and recommendations for
198	198	overcoming those barriers;
199	199	(4) data on the performance-based outcomes described
200	200	by Subsection (b) and achieved in each [the] child protective
201	201	services region [in which the pilot program is implemented]; and
202	202	(5) [a detailed comparison of outcomes achieved in the
203	203	child protective services region in which the pilot program is
204	204	implemented with outcomes achieved in other child protective
205	205	services regions;
206	206	[(6)] a detailed description of the costs of the [pilot]
207	207	program and services provided[; and
208	208	[(7) recommendations on whether to expand services
209	209	described in this subchapter to other child protective services
210	210	regions in this state based on the outcomes and performance of the
211	211	pilot program].
212	212	(b) Performance-based outcomes for evaluating the [pilot]
213	213	program must include:
214	214	(1) the number of children served;
215	215	(2) the number of families served;
216	216	(3) the percentage of children who do not have a
217	217	reported finding of abuse, neglect, or exploitation;
218	218	(4) the percentage of children served who did not
219	219	enter foster care at case closure;
220	220	(5) the percentage of children served who did not
221	221	enter foster care within six months and one year of the date the
222	222	case was closed;
223	223	(6) the number of families who received family
224	224	preservation services under the [pilot] program for whom the
225	225	department opens an investigation of abuse or neglect involving the
226	226	family before the second anniversary of the date the case was
227	227	closed; and
228	228	(7) the average length of time services are provided
229	229	from the entry of an order for family preservation services to case
230	230	dismissal.
231	231	SECTION 13. Subchapter F, Chapter 262, Family Code, is
232	232	amended by adding Section 262.418 to read as follows:
233	233	Sec. 262.418. EXPIRATION OF PROGRAM. This subchapter
234	234	expires September 1, 2033.
235	235	SECTION 14. (a) Section 262.402(b), Family Code, is
236	236	repealed.
237	237	(b) Section 262.413, Family Code, is repealed.
238	238	SECTION 15. This Act takes effect September 1, 2025.