89R3096 AMF-D
By: Kolkhorst S.B. No. 837
A BILL TO BE ENTITLED
AN ACT
relating to a family preservation services program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 262, Family
Code, is amended to read as follows:
SUBCHAPTER F. FAMILY PRESERVATION SERVICES [PILOT] PROGRAM
SECTION 2. Section 262.401, Family Code, is amended by
amending Subdivisions (1), (3), and (4) and adding Subdivision (6)
to read as follows:
(1) "Child who is a candidate for foster care" means a
child who is at imminent risk of being removed from the child's home
and placed into the conservatorship of the department because:
(A) a department investigation found reason to
believe abuse or neglect occurred;
(B) there is [of] a continuing danger to the
child's physical health or safety caused by an act or failure to act
of a person entitled to possession of the child; and
(C) [but for whom] a court of competent
jurisdiction has issued an order allowing the child to remain
safely in the child's home or in a kinship placement with the
provision of family preservation services.
(3) "Family preservation service" means a
time-limited, family-focused service, including a short-term
expense service or a service subject to the Family First Prevention
Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to
the family of a child who is:
(A) a candidate for foster care to prevent or
eliminate the need to remove the child and to allow the child to
remain safely with the child's family; or
(B) a pregnant or parenting foster youth.
(4) "Family preservation services plan" means a
written plan for remedying child abuse and neglect, based on a
professional assessment using evidence-based tools and strategies,
listing the family preservation services, including services
subject to the Family First Prevention Services Act (Title VII,
Div. E, Pub. L. No. 115-123), to be provided to the family of a
child who is:
(A) a candidate for foster care; or
(B) a pregnant or parenting foster youth.
(6) "Short-term expense service" means time-limited
funding for the reimbursement of short-term expenses necessary to
allow a child to remain in the child's home, including rent,
transportation expenses, educational or job skills programs, or
in-home support services.
SECTION 3. The heading to Section 262.402, Family Code, is
amended to read as follows:
Sec. 262.402. [PILOT] PROGRAM FOR FAMILY PRESERVATION
SERVICES.
SECTION 4. Section 262.402, Family Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) The department shall establish a [pilot] program that
allows the department to dispose of an investigation by:
(1) referring the family of a child who is a candidate
for foster care for family preservation services and allowing the
child to return home instead of entering foster care; or
(2) [by] providing family preservation services to a
pregnant or parenting foster youth. [The department shall implement
the pilot program in two child protective services regions in this
state, one urban and one rural.]
(d) In implementing the [pilot] program, the department
shall use:
(1) Title IV-E funds to:
(A) pay for legal representation for parents in
the manner provided by Section 107.015; or
(B) provide to counties a matching reimbursement
for the cost of the legal representation; and
(2) funds received under assistance programs
including the Temporary Assistance for Needy Families (TANF)
program or other department funds to provide short-term expense
[enhanced in-home support] services to families qualifying for
prevention services under this subchapter to achieve the objectives
in the family preservation services plan.
(e) A family may not receive short-term expense services for
longer than 90 days. The commissioner of the department shall by
rule establish a maximum amount that a family may receive in
short-term expense services under each family preservation
services plan.
SECTION 5. Section 262.405, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The court may not appoint a guardian ad litem to
represent the best interests of a child in a suit filed under
Section 262.404.
SECTION 6. Section 262.406, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) An order rendered under this section expires on the
first anniversary of the date the order is signed.
SECTION 7. Section 262.407(c), Family Code, is amended to
read as follows:
(c) The family preservation services plan must:
(1) include a safety risk assessment of the child who
is the subject of the investigation and an assessment of the child's
family;
(2) state the reasons the department is involved with
the family;
(3) be narrowly tailored to address the specific
reasons the department is involved with the family and the factors
that make the child a candidate for foster care;
(4) list the specific family preservation services the
family will receive under the plan, including services provided by
an entity other than the department, such as the Texas Workforce
Commission or a local mental health authority, and identify the
manner in which those services will mitigate the child's specific
risk factors and allow the child to remain safely at home;
(5) specify the tasks the family must complete during
the effective period of the plan and include a schedule with
appropriate completion dates for those tasks; and
(6) include the name of the department or single
source continuum contractor representative who will serve as a
contact for the family in obtaining information related to the
plan.
SECTION 8. Section 262.408(d), Family Code, is amended to
read as follows:
(d) The family preservation services plan remains in effect
until:
(1) the first anniversary of [the 180th day after] the
date the court's order for family preservation services is signed[,
unless renewed by an order of the court]; or
(2) the date the plan is amended or revoked by the
court.
SECTION 9. Section 262.409(e), Family Code, is amended to
read as follows:
(e) The amended family preservation services plan is in
effect until:
(1) the first anniversary of [the 180th day after] the
date the court's order for family preservation services is signed[,
unless renewed by an order of the court]; or
(2) the date the amended plan is modified or revoked by
the court.
SECTION 10. Sections 262.415(a) and (b), Family Code, are
amended to read as follows:
(a) The department may contract with one or more persons to
provide family preservation services under the [pilot] program. In
a child protective services region in this state in which
community-based care under Subchapter B-1, Chapter 264, has been
implemented [and in which the pilot program is implemented], the
department may contract with the single source continuum contractor
to provide family preservation services under the [pilot] program.
The term of a contract under this section may not exceed three years
and may be extended only one time for not more than one year.
(b) The contract with the person selected to provide family
preservation services must include performance-based measures that
require the person to show that as a result of the services:
(1) fewer children enter foster care in the [pilot
program] region in comparison to other regions of this state;
(2) fewer children are removed from their families
after receiving the services in the [pilot program] region in
comparison to other regions of this state; and
(3) fewer children enter foster care in the five years
following completion of the services in the [pilot program] region
in comparison to other regions of this state.
SECTION 11. Section 262.416, Family Code, is amended to
read as follows:
Sec. 262.416. LIMITS [LIMIT] ON FINANCE OF SERVICES. (a)
If a court order for services under this subchapter includes
services that are not subject to the Family First Prevention
Services Act (Title VII, Div. E., Pub. L. No. 115-123), the order
must identify a method of financing for the services and the local
jurisdiction that will pay for the services.
(b) The commissioner of the department by rule shall
establish funding limits for family preservation services provided
under each family preservation services plan and lifetime funding
limits for family preservation services provided to a single
family.
SECTION 12. Section 262.417, Family Code, is amended to
read as follows:
Sec. 262.417. REPORT TO LEGISLATURE. (a) Not later than
the first anniversary of the date the department commences the [a
pilot] program under this subchapter and every two years after that
date, the department shall contract with an entity based in this
state that is independent of the department and has demonstrated
expertise in statistical, financial, logistical, and operational
analysis to evaluate the implementation of the [pilot] program
under this subchapter, assess its progress, and report its findings
to the appropriate standing committees of the legislature having
jurisdiction over child protective services and foster care
matters. The report must include:
(1) a detailed description of the actions taken by the
department to ensure the successful implementation of the [pilot]
program;
(2) a detailed analysis of the role each of the
following entities has in the [pilot] program:
(A) the courts;
(B) legal representatives;
(C) the investigations division of the
department; and
(D) the department or other entity implementing
the [pilot] program;
(3) an analysis of any barrier to the successful
implementation of the [pilot] program and recommendations for
overcoming those barriers;
(4) data on the performance-based outcomes described
by Subsection (b) and achieved in each [the] child protective
services region [in which the pilot program is implemented]; and
(5) [a detailed comparison of outcomes achieved in the
child protective services region in which the pilot program is
implemented with outcomes achieved in other child protective
services regions;
[(6)] a detailed description of the costs of the [pilot]
program and services provided[; and
[(7) recommendations on whether to expand services
described in this subchapter to other child protective services
regions in this state based on the outcomes and performance of the
pilot program].
(b) Performance-based outcomes for evaluating the [pilot]
program must include:
(1) the number of children served;
(2) the number of families served;
(3) the percentage of children who do not have a
reported finding of abuse, neglect, or exploitation;
(4) the percentage of children served who did not
enter foster care at case closure;
(5) the percentage of children served who did not
enter foster care within six months and one year of the date the
case was closed;
(6) the number of families who received family
preservation services under the [pilot] program for whom the
department opens an investigation of abuse or neglect involving the
family before the second anniversary of the date the case was
closed; and
(7) the average length of time services are provided
from the entry of an order for family preservation services to case
dismissal.
SECTION 13. Subchapter F, Chapter 262, Family Code, is
amended by adding Section 262.418 to read as follows:
Sec. 262.418. EXPIRATION OF PROGRAM. This subchapter
expires September 1, 2033.
SECTION 14. (a) Section 262.402(b), Family Code, is
repealed.
(b) Section 262.413, Family Code, is repealed.
SECTION 15. This Act takes effect September 1, 2025.