By:AA____________________ __.B.ANo.

A_____

Substitute the following for __.B.ANo.A_____:

By:AA____________________ C.S.__.B.ANo.A_____

A BILL TO BE ENTITLED

1 AN ACT

2 relating to the administration of services provided by the

3 Department of Family and Protective Services, including foster

4 care, child protective services, and prevention and early

5 intervention services.

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

7 SECTIONA1.AASection 71.004, Family Code, is amended to read

8 as follows:

9 Sec.A71.004.AAFAMILY VIOLENCE. "Family violence" means:

10 (1)AAan act by a member of a family or household against

11 another member of the family or household that is intended to result

12 in physical harm, bodily injury, assault, or sexual assault or that

13 is a threat that reasonably places the member in fear of imminent

14 physical harm, bodily injury, assault, or sexual assault, but does

15 not include defensive measures to protect oneself;

16 (2)AAabuse, as that term is defined by Sections

17 261.001(1)(C), (E), (G), (H), (I), (J), [and] (K), and (M), by a

18 member of a family or household toward a child of the family or

19 household; or

20 (3)AAdating violence, as that term is defined by

21 Section 71.0021.

22 SECTIONA2.AASection 162.005, Family Code, is amended by

23 adding Subsection (c) to read as follows:

24 (c)AAThe department shall ensure that each licensed

85R23085 MK-D 1
1 child-placing agency, single source continuum contractor, or other

2 person placing a child for adoption receives a copy of any portion

3 of the report prepared by the department.

4 SECTIONA3.AASection 162.0062, Family Code, is amended by

5 adding Subsection (a-1) to read as follows:

6 (a-1)AAIf a child is placed with a prospective adoptive

7 parent prior to adoption, the prospective adoptive parent is

8 entitled to examine any record or other information relating to the

9 child s health history, including the portion of the report

10 prepared under Section 162.005 for the child that relates to the

11 child s health. The department, licensed child-placing agency,

12 single source continuum contractor, or other person placing a child

13 for adoption shall inform the prospective adoptive parent of the

14 prospective adoptive parent s right to examine the records and

15 other information relating to the child s health history. The

16 department, licensed child-placing agency, single source continuum

17 contractor, or other person placing the child for adoption shall

18 edit the records and information to protect the identity of the

19 biological parents and any other person whose identity is

20 confidential.

21 SECTIONA4.AASection 162.007, Family Code, is amended by

22 amending Subsection (a) and adding Subsection (g) to read as

23 follows:

24 (a)AAThe health history of the child must include information

25 about:

26 (1)AAthe child s health status at the time of placement;

27 (2)AAthe child s birth, neonatal, and other medical,

85R23085 MK-D 2
1 psychological, psychiatric, and dental history information,

2 including to the extent known by the department:

3 (A)AAwhether the child s birth mother consumed

4 alcohol during pregnancy; and

5 (B)AAwhether the child has been diagnosed with

6 fetal alcohol spectrum disorder;

7 (3)AAa record of immunizations for the child; and

8 (4)AAthe available results of medical, psychological,

9 psychiatric, and dental examinations of the child.

10 (g)AAIn this section, "fetal alcohol spectrum disorder"

11 means any of a group of conditions that can occur in a person whose

12 mother consumed alcohol during pregnancy.

13 SECTIONA5.AASection 261.001(1), Family Code, is amended to

14 read as follows:

15 (1)AA"Abuse" includes the following acts or omissions

16 by a person:

17 (A)AAmental or emotional injury to a child that

18 results in an observable and material impairment in the child s

19 growth, development, or psychological functioning;

20 (B)AAcausing or permitting the child to be in a

21 situation in which the child sustains a mental or emotional injury

22 that results in an observable and material impairment in the

23 child s growth, development, or psychological functioning;

24 (C)AAphysical injury that results in substantial

25 harm to the child, or the genuine threat of substantial harm from

26 physical injury to the child, including an injury that is at

27 variance with the history or explanation given and excluding an

85R23085 MK-D 3
1 accident or reasonable discipline by a parent, guardian, or

2 managing or possessory conservator that does not expose the child

3 to a substantial risk of harm;

4 (D)AAfailure to make a reasonable effort to

5 prevent an action by another person that results in physical injury

6 that results in substantial harm to the child;

7 (E)AAsexual conduct harmful to a child s mental,

8 emotional, or physical welfare, including conduct that constitutes

9 the offense of continuous sexual abuse of young child or children

10 under Section 21.02, Penal Code, indecency with a child under

11 Section 21.11, Penal Code, sexual assault under Section 22.011,

12 Penal Code, or aggravated sexual assault under Section 22.021,

13 Penal Code;

14 (F)AAfailure to make a reasonable effort to

15 prevent sexual conduct harmful to a child;

16 (G)AAcompelling or encouraging the child to engage

17 in sexual conduct as defined by Section 43.01, Penal Code,

18 including compelling or encouraging the child in a manner that

19 constitutes an offense of trafficking of persons under Section

20 20A.02(a)(7) or (8), Penal Code, prostitution under Section

21 43.02(b), Penal Code, or compelling prostitution under Section

22 43.05(a)(2), Penal Code;

23 (H)AAcausing, permitting, encouraging, engaging

24 in, or allowing the photographing, filming, or depicting of the

25 child if the person knew or should have known that the resulting

26 photograph, film, or depiction of the child is obscene as defined by

27 Section 43.21, Penal Code, or pornographic;

85R23085 MK-D 4
1 (I)AAthe current use by a person of a controlled

2 substance as defined by Chapter 481, Health and Safety Code, in a

3 manner or to the extent that the use results in physical, mental, or

4 emotional injury to a child;

5 (J)AAcausing, expressly permitting, or

6 encouraging a child to use a controlled substance as defined by

7 Chapter 481, Health and Safety Code;

8 (K)AAcausing, permitting, encouraging, engaging

9 in, or allowing a sexual performance by a child as defined by

10 Section 43.25, Penal Code; [or]

11 (L)AAknowingly causing, permitting, encouraging,

12 engaging in, or allowing a child to be trafficked in a manner

13 punishable as an offense under Section 20A.02(a)(5), (6), (7), or

14 (8), Penal Code, or the failure to make a reasonable effort to

15 prevent a child from being trafficked in a manner punishable as an

16 offense under any of those sections; or

17 (M)AAforcing or coercing a child to enter into a

18 marriage.

19 SECTIONA6.AASection 261.001(5), Family Code, is amended to

20 read as follows:

21 (5)AA"Person responsible for a child s care, custody,

22 or welfare" means a person who traditionally is responsible for a

23 child s care, custody, or welfare, including:

24 (A)AAa parent, guardian, managing or possessory

25 conservator, or foster parent of the child;

26 (B)AAa member of the child s family or household

27 as defined by Chapter 71;

85R23085 MK-D 5
1 (C)AAa person with whom the child s parent

2 cohabits;

3 (D)AAschool personnel or a volunteer at the

4 child s school; [or]

5 (E)AApersonnel or a volunteer at a public or

6 private child-care facility that provides services for the child or

7 at a public or private residential institution or facility where

8 the child resides; or

9 (F)AAan employee, volunteer, or other person

10 working under the supervision of a licensed or unlicensed

11 child-care facility, including a family home, residential

12 child-care facility, employer-based day-care facility, or shelter

13 day-care facility, as those terms are defined in Chapter 42, Human

14 Resources Code.

15 SECTIONA7.AASubchapter A, Chapter 261, Family Code, is

16 amended by adding Section 261.004 to read as follows:

17 Sec.A261.004.AATRACKING OF RECURRENCE OF CHILD ABUSE OR

18 NEGLECT REPORTS. (a)AAThe department shall collect and monitor

19 data regarding repeated reports of abuse or neglect:

20 (1)AAinvolving the same child, including reports of

21 abuse or neglect of the child made while the child resided in other

22 households and reports of abuse or neglect of the child by different

23 alleged perpetrators made while the child resided in the same

24 household; or

25 (2)AAby the same alleged perpetrator.

26 (a-1)AAIn monitoring reports of abuse or neglect under

27 Subsection (a), the department shall group together separate

85R23085 MK-D 6
1 reports involving differing children residing in the same

2 household.

3 (b)AAThe department shall consider any report collected

4 under Subsection (a) involving any child or adult who is a part of a

5 child s household when making case priority determinations or when

6 conducting service or safety planning for the child or the child s

7 family.

8 SECTIONA8.AASection 263.401, Family Code, is amended to read

9 as follows:

10 Sec.A263.401.AADISMISSAL AFTER ONE YEAR; NEW TRIALS;

11 EXTENSION. (a)AAUnless the court has commenced the trial on the

12 merits or granted an extension under Subsection (b) or (b-1), on the

13 first Monday after the first anniversary of the date the court

14 rendered a temporary order appointing the department as temporary

15 managing conservator, the court s jurisdiction over [court shall

16 dismiss] the suit affecting the parent-child relationship filed by

17 the department that requests termination of the parent-child

18 relationship or requests that the department be named conservator

19 of the child is terminated and the suit is automatically dismissed

20 without a court order.

21 (b)AAUnless the court has commenced the trial on the merits,

22 the court may not retain the suit on the court s docket after the

23 time described by Subsection (a) unless the court finds that

24 extraordinary circumstances necessitate the child remaining in the

25 temporary managing conservatorship of the department and that

26 continuing the appointment of the department as temporary managing

27 conservator is in the best interest of the child. If the court

85R23085 MK-D 7
1 makes those findings, the court may retain the suit on the court s

2 docket for a period not to exceed 180 days after the time described

3 by Subsection (a). If the court retains the suit on the court s

4 docket, the court shall render an order in which the court:

5 (1)AAschedules the new date on which the suit will be

6 automatically dismissed if the trial on the merits has not

7 commenced, which date must be not later than the 180th day after the

8 time described by Subsection (a);

9 (2)AAmakes further temporary orders for the safety and

10 welfare of the child as necessary to avoid further delay in

11 resolving the suit; and

12 (3)AAsets the trial on the merits on a date not later

13 than the date specified under Subdivision (1).

14 (b-1)AAIf, after commencement of the initial trial on the

15 merits within the time required by Subsection (a) or (b), the court

16 grants a motion for a new trial or mistrial, or the case is remanded

17 to the court by an appellate court following an appeal of the

18 court s final order, the court shall retain the suit on the court s

19 docket and render an order in which the court:

20 (1)AAschedules a new date on which the suit will be

21 automatically dismissed if the new trial has not commenced, which

22 must be a date not later than the 180th day after the date on which:

23 (A)AAthe motion for a new trial or mistrial is

24 granted; or

25 (B)AAthe appellate court remanded the case;

26 (2)AAmakes further temporary orders for the safety and

27 welfare of the child as necessary to avoid further delay in

85R23085 MK-D 8
1 resolving the suit; and

2 (3)AAsets the new trial on the merits for a date not

3 later than the date specified under Subdivision (1).

4 (c)AAIf the court grants an extension under Subsection (b) or

5 (b-1) but does not commence the trial on the merits before the

6 dismissal date, the court s jurisdiction over [court shall dismiss]

7 the suit is terminated and the suit is automatically dismissed

8 without a court order. The court may not grant an additional

9 extension that extends the suit beyond the required date for

10 dismissal under Subsection (b) or (b-1), as applicable.

11 SECTIONA9.AASection 264.018, Family Code, is amended by

12 adding Subsections (d-1) and (d-2) to read as follows:

13 (d-1)AAExcept as provided by Subsection (d-2), as soon as

14 possible but not later than 24 hours after a change in placement of

15 a child in the conservatorship of the department, the department

16 shall give notice of the placement change to the managed care

17 organization that contracts with the commission to provide health

18 care services to the child under the STAR Health program. The

19 managed care organization shall give notice of the placement change

20 to the primary care physician listed in the child s health passport

21 before the end of the second business day after the day the

22 organization receives the notification from the department.

23 (d-2)AAIn this subsection, "catchment area" has the meaning

24 assigned by Section 264.152. In a catchment area in which

25 community-based foster care has been implemented, the single source

26 continuum contractor that has contracted with the commission to

27 provide foster care services in that catchment area shall, as soon

85R23085 MK-D 9
1 as possible but not later than 24 hours after a change in placement

2 of a child in the conservatorship of the department, give notice of

3 the placement change to the managed care organization that

4 contracts with the commission to provide health care services to

5 the child under the STAR Health program. The managed care

6 organization shall give notice of the placement change to the

7 child s primary care physician in accordance with Subsection (d-1).

8 SECTIONA10.AA(a)AASubchapter B, Chapter 264, Family Code, is

9 amended by adding Section 264.1076 to read as follows:

10 Sec.A264.1076.AAMEDICAL EXAMINATION REQUIRED. (a)AAThis

11 section applies only to a child who has been taken into the

12 conservatorship of the department and remains in the

13 conservatorship of the department for more than three business

14 days.

15 (b)AAThe department shall ensure that each child described by

16 Subsection (a) is examined by a physician or other health care

17 provider authorized under state law to conduct medical examinations

18 not later than the end of the third business day after the date the

19 child enters the conservatorship of the department.

20 (c)AAThe department shall collaborate with the commission

21 and relevant medical practitioners to develop guidelines for the

22 medical examination conducted under this section, including

23 guidelines on the components to be included in the examination.

24 (d)AANot later than December 31, 2019, the department shall

25 submit a report to the standing committees of the house of

26 representatives and the senate with primary jurisdiction over child

27 protective services and foster care evaluating the statewide

85R23085 MK-D 10
1 implementation of the medical examination required by this section.

2 The report must include the level of compliance with the

3 requirements of this section in each region of the state.

4 (b)AASection 264.1076, Family Code, as added by this section,

5 applies only to a child who enters the conservatorship of the

6 Department of Family and Protective Services on or after the

7 effective date of this Act. A child who enters the conservatorship

8 of the Department of Family and Protective Services before the

9 effective date of this Act is governed by the law in effect on the

10 date the child entered the conservatorship of the department, and

11 the former law is continued in effect for that purpose.

12 (c)AAThe Department of Family and Protective Services shall

13 implement Section 264.1076, Family Code, as added by this section,

14 not later than December 31, 2018.

15 SECTIONA11.AASection 264.124, Family Code, is amended by

16 adding Subsection (e) to read as follows:

17 (e)AAOn receipt of the verification required under

18 Subsection (b), or as provided by Subsection (d), the department

19 shall provide monetary assistance to a foster parent for full-time

20 or part-time day-care services for a foster child. The department

21 may not deny monetary assistance to the foster parent as long as the

22 foster parent is employed on a full-time or part-time basis.

23 SECTIONA12.AA(a)AASubchapter B, Chapter 264, Family Code, is

24 amended by adding Sections 264.1261 and 264.128 to read as follows:

25 Sec.A264.1261.AAFOSTER CARE CAPACITY NEEDS PLAN. (a)AAIn

26 this section, "community-based foster care" has the meaning

27 assigned by Section 264.152.

85R23085 MK-D 11
1 (b)AAAppropriate department management personnel from a

2 child protective services region in which community-based foster

3 care has not been implemented, in collaboration with foster care

4 providers, faith-based entities, and child advocates in that

5 region, shall use data collected by the department on foster care

6 capacity needs and availability of each type of foster care and

7 kinship placement in the region to create a plan to address the

8 substitute care capacity needs in the region. The plan must

9 identify both short-term and long-term goals and strategies for

10 addressing those capacity needs.

11 (c)AAA foster care capacity needs plan developed under

12 Subsection (b) must be:

13 (1)AAsubmitted to and approved by the commissioner; and

14 (2)AAupdated annually.

15 (d)AAThe department shall publish each initial foster care

16 capacity needs plan and each annual update to a plan on the

17 department s Internet website.

18 Sec.A264.128.AASINGLE CHILD PLAN OF SERVICE INITIATIVE.

19 (a)AAIn this section, "community-based foster care" has the meaning

20 assigned by Section 264.152.

21 (b)AAIn regions of the state where community-based foster

22 care has not been implemented, the department shall:

23 (1)AAcollaborate with child-placing agencies to

24 implement the single child plan of service model developed under

25 the single child plan of service initiative; and

26 (2)AAensure that a single child plan of service is

27 developed for each child in foster care in those regions.

85R23085 MK-D 12
1 (b)AANotwithstanding Section 264.128(b), Family Code, as

2 added by this section, the Department of Family and Protective

3 Services shall develop and implement a single child plan of service

4 for each child in foster care in a region of the state described by

5 that section not later than September 1, 2017.

6 SECTIONA13.AA(a) Chapter 264, Family Code, is amended by

7 adding Subchapter B-1 to read as follows:

8 SUBCHAPTER B-1. COMMUNITY-BASED FOSTER CARE

9 Sec.A264.151.AALEGISLATIVE FINDINGS AND INTENT. (a) The

10 legislature finds that:

11 (1)AAfor more than 30 years, the child welfare system in

12 Texas has been centralized and managed by statutes and rules that

13 impose a uniform system on communities statewide and ignore the

14 fundamental differences between regions;

15 (2)AAin order for the department to effectively provide

16 child welfare services, as required by state and federal law, the

17 department shall consider and implement fundamental structural

18 changes to the provision of child protective and welfare services;

19 (3)AAchild welfare services that are community-based

20 and family-centered, are monitored by community stakeholders, and

21 have effective accountability standards regarding performance

22 outcomes and practices have been found to lead to better outcomes

23 for children who are victims of abuse and neglect; and

24 (4)AAcommunity-based foster care would align outcomes

25 to assist the state in achieving the state s goal of substantial

26 gains regarding performance outcomes in child safety, permanency,

27 and well-being.

85R23085 MK-D 13
1 (b)AAIt is the intent of the legislature that the department

2 contract with community-based, nonprofit entities that have the

3 ability to provide child welfare services. The services provided

4 by the entities must include direct case management to ensure child

5 safety, permanency, and well-being, in accordance with state and

6 federal child welfare goals.

7 (c)AAIt is the intent of the legislature that the provision

8 of community-based foster care for children be implemented with

9 measurable goals relating to:

10 (1)AAthe safety of children in placements;

11 (2)AAthe placement of children in each child s home

12 community;

13 (3)AAthe provision of services to children in the least

14 restrictive environment possible and, if possible, in a family home

15 environment;

16 (4)AAminimal placement changes for children;

17 (5)AAthe maintenance of contact between children and

18 their families and other important persons;

19 (6)AAthe placement of children with siblings;

20 (7)AAthe provision of services that respect each

21 child s culture;

22 (8)AAthe preparation of children and youth in foster

23 care for adulthood;

24 (9)AAthe provision of opportunities, experiences, and

25 activities for children and youth in foster care that are available

26 to children and youth who are not in foster care;

27 (10)AAthe participation by children and youth in making

85R23085 MK-D 14
1 decisions relating to their own lives;

2 (11)AAthe reunification of children with the biological

3 parents of the children when possible; and

4 (12)AAthe promotion of the placement of children with

5 relative or kinship caregivers if reunification is not possible.

6 Sec.A264.152.AADEFINITIONS. In this subchapter:

7 (1)AA"Alternative caregiver" means a person who is not

8 the foster parent of the child and who provides temporary care for

9 the child for more than 12 hours but less than 60 days.

10 (2)AA"Case management" means the provision of case

11 management services to a child for whom the department has been

12 appointed temporary or permanent managing conservator or the

13 child s family, relative or kinship caregivers, a young adult in

14 extended foster care, or a child who has been placed in the

15 catchment area through the Interstate Compact on the Placement of

16 Children, and includes:

17 (A)AAcaseworker visits with the child;

18 (B)AAfamily and caregiver visits;

19 (C)AAconvening and conducting permanency planning

20 meetings;

21 (D)AAthe development and revision of the child and

22 family plans of service, including a permanency plan and goals for a

23 child or young adult in care;

24 (E)AAthe coordination and monitoring of services

25 required by the child and the child s family;

26 (F)AAthe assumption of court-related duties

27 regarding the child, including:

85R23085 MK-D 15
1 (i)AAproviding any required notifications or

2 consultations;

3 (ii)AApreparing court reports;

4 (iii)AAattending judicial and permanency

5 hearings, trials, and mediations;

6 (iv)AAcomplying with applicable court

7 orders; and

8 (v)AAensuring the child is progressing

9 toward the goal of permanency within state and federally mandated

10 guidelines; and

11 (G)AAany other function or service that the

12 department determines necessary to allow a single source continuum

13 contractor to assume responsibility for case management.

14 (3)AA"Catchment area" means a geographic service area

15 for providing child protective services that is identified as part

16 of the community-based foster care redesign.

17 (4)AA"Community-based foster care" means the

18 redesigned foster care services system required by Chapter 598

19 (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011.

20 Sec.A264.154.AAREADINESS REVIEW PROCESS FOR COMMUNITY-BASED

21 FOSTER CARE CONTRACTOR. (a) The department shall develop a formal

22 review process to assess the ability of a single source continuum

23 contractor to satisfy the responsibilities and administrative

24 requirements of delivering foster care services, including the

25 contractor s ability to provide:

26 (1)AAplacement services for children and families;

27 (2)AAcase management services for children and

85R23085 MK-D 16
1 families;

2 (3)AAevidence-based, promising practice, or

3 evidence-informed supports for children and families; and

4 (4)AAsufficient available capacity for inpatient and

5 outpatient services and supports for children at all service levels

6 who have previously been placed in the catchment area.

7 (b)AAAs part of the readiness review process, the single

8 source continuum contractor must prepare a plan detailing the

9 methods by which the contractor will avoid or eliminate conflicts

10 of interest. The department may not transfer services to the

11 contractor until the department has determined the plan is

12 adequate.

13 (c)AAThe department must develop the review process under

14 Subsection (a) before the department may expand community-based

15 foster care outside of the initial catchment areas where

16 community-based foster care has been implemented.

17 (d)AAThe department must conduct a readiness review for a

18 single source continuum contractor before the transfer of placement

19 services to the contractor and before the transfer of case

20 management services to the contractor. The department may not

21 transfer those services to a contractor unless the readiness review

22 demonstrates that the contractor is able to adequately deliver the

23 services.

24 Sec.A264.155.AAEXPANSION OF COMMUNITY-BASED FOSTER CARE.

25 (a) Not later than December 31, 2019, the department shall:

26 (1)AAidentify not more than eight catchment areas in

27 the state that are best suited to implement community-based foster

85R23085 MK-D 17
1 care of which not more than two catchment areas may be identified as

2 best suited to implement the transfer of case management services

3 to a single source continuum contractor;

4 (2)AAcreate an implementation plan for those catchment

5 areas that includes a timeline for implementation;

6 (3)AAfollowing the readiness review process under

7 Section 264.154 and subject to the availability of funds, implement

8 community-based foster care in those catchment areas; and

9 (4)AAfollowing the implementation of community-based

10 foster care services in those catchment areas, evaluate the

11 implementation process and single source continuum contractor

12 performance in each catchment area.

13 (b)AAFollowing the selection of the catchment areas under

14 Subsection (a), the department shall annually, based on the

15 availability of funding:

16 (1)AAprovide a report to the legislature that details

17 the readiness of any remaining catchment areas in which

18 community-based foster care services have not been implemented; and

19 (2)AAsubject to the availability of funds, the

20 readiness of the catchment areas, and the feasibility of

21 implementing community-based foster care in those areas, begin

22 implementing community-based foster care in those areas in

23 accordance with the timeline developed for those areas under

24 Subsection (a)(2) and the readiness review process developed under

25 Section 264.154.

26 (c)AAIn expanding community-based foster care, the

27 department may change the geographic boundaries of catchment areas

85R23085 MK-D 18
1 as necessary to align with specific communities.

2 (d)AAThe department shall ensure the continuity of services

3 for children and families during the transition period to

4 community-based foster care in a catchment area.

5 (e)AAIn implementing community-based foster care in a

6 catchment area, the department may not transfer case management

7 services to a single source continuum contractor in that catchment

8 area until the department has successfully completed the transfer

9 of placement services to the contractor.

10 Sec.A264.156.AACOMMUNITY ENGAGEMENT GROUP. (a) The

11 department shall create a community engagement group in each

12 catchment area to assist with the implementation of community-based

13 foster care. The department may create more than one community

14 engagement group in a catchment area, as appropriate. Membership

15 in a community engagement group may include:

16 (1)AArepresentatives from:

17 (A)AAthe department;

18 (B)AAthe judiciary;

19 (C)AAschool districts in the catchment area;

20 (D)AAlaw enforcement;

21 (E)AAthe local mental health authority;

22 (F)AAthe children s advocacy center, if

23 applicable;

24 (G)AAa child-placing agency; and

25 (H)AAchild and family service providers,

26 including prevention service providers;

27 (2)AAa court-appointed volunteer advocate, if

85R23085 MK-D 19
1 available;

2 (3)AAa parent or a person who specializes in parental

3 rights, including a family law attorney; and

4 (4)AAcommunity leaders from the catchment area,

5 including leaders from local political subdivisions.

6 (b)AAThe department shall adopt rules governing community

7 engagement groups and the maximum number of members in a group.

8 (c)AAEstablished stakeholder organizations in a catchment

9 area, including child welfare boards, may request to be designated

10 by the department as the community engagement group for that

11 catchment area.

12 (d)AAThe community engagement group shall:

13 (1)AAprovide feedback to the department on the

14 implementation of community-based foster care in the catchment area

15 and the ongoing operation of community-based foster care in the

16 catchment area;

17 (2)AAidentify and report problems arising from the

18 implementation process to the department;

19 (3)AAidentify, develop, promote, or facilitate the use

20 of local resources, including prevention and early intervention

21 resources, to supplement community-based foster care services; and

22 (4)AAserve as a facilitator for integrating the

23 voluntary participation of local organizations that provide family

24 and child welfare services into community-based foster care.

25 (e)AAChapter 551, Government Code, applies to a community

26 engagement group.

27 Sec.A264.157.AAQUALIFICATIONS OF SINGLE SOURCE CONTINUUM

85R23085 MK-D 20
1 CONTRACTOR. To be eligible to enter into a contract with the

2 department to serve as a single source continuum contractor to

3 provide foster care service delivery, an entity must be a nonprofit

4 or governmental entity that:

5 (1)AAis licensed as a service provider by the

6 department;

7 (2)AAhas an organizational mission and has demonstrated

8 experience in the delivery of services to children and families;

9 and

10 (3)AAhas the ability to provide all of the case

11 management and placement services and perform all of the duties of a

12 single source continuum contractor required under this subchapter

13 or that can provide a plan to gain that ability during the

14 implementation of community-based foster care in a catchment area.

15 Sec.A264.158.AAREQUIRED CONTRACT PROVISIONS. A contract

16 with a single source continuum contractor to provide foster care

17 services in a catchment area must include provisions that:

18 (1)AAspecify performance outcomes and financial

19 incentives for exceeding any specified performance outcomes;

20 (2)AAestablish conditions for the single source

21 continuum contractor s access to relevant department data and

22 require the participation of the contractor in the data access and

23 standards governance council created under Section 264.159;

24 (3)AArequire the single source continuum contractor to

25 create a single process for the training and use of alternative

26 caregivers for all child-placing agencies in the catchment area to

27 facilitate reciprocity of licenses for alternative caregivers

85R23085 MK-D 21
1 between agencies, including respite and overnight care providers,

2 as those terms are defined by department rule; and

3 (4)AArequire the single source continuum contractor to

4 maintain a diverse network of service providers that offer a range

5 of foster capacity options and that can accommodate children from

6 diverse cultural backgrounds.

7 Sec.A264.159.AADATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.

8 (a) The department shall create a data access and standards

9 governance council to develop protocols for access by single source

10 continuum contractors to the department s data to allow the

11 contractors to perform case management functions.

12 (b)AAThe department shall develop rules and processes for the

13 operation of the council. Each single source continuum contractor

14 that has entered into a contract with the department to provide

15 services under this subchapter shall participate in the council.

16 The council may also include:

17 (1)AArepresentatives of entities that manage court

18 proceedings;

19 (2)AAthe courts;

20 (3)AAthe department;

21 (4)AAhealth care providers; and

22 (5)AAany other entities the department considers

23 necessary.

24 (c)AAThe council shall:

25 (1)AAdevelop protocols for the access, management,

26 security, and retention of case data that is shared between the

27 department and a single source continuum contractor;

85R23085 MK-D 22
1 (2)AAapprove any changes to protocols at the request of

2 a service provider or the department; and

3 (3)AAconduct any other additional duties related to

4 data sharing protocols as considered necessary by the department.

5 (d)AAThe department may assign the duties of the council to

6 any existing office or division of the department with functions

7 similar to the duties of the council. Each single source continuum

8 contractor and any additional entities as described by Subsection

9 (b) shall participate in the development of protocols and any other

10 duties assigned under this subsection.

11 Sec.A264.160.AATRANSFER OF CASE MANAGEMENT SERVICES TO

12 SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment

13 area where community-based foster care has been implemented or a

14 contract with a single source continuum contractor has been

15 executed before June 1, 2017, the department shall transfer to the

16 single source continuum contractor providing services in that area:

17 (1)AAthe case management of children and families

18 receiving services from that contractor; and

19 (2)AAfamily reunification support services to be

20 provided after a child receiving services from the contractor is

21 returned to the child s family for the period of time ordered by the

22 court.

23 (b)AAThe department shall collaborate with a single source

24 continuum contractor to establish an initial case transfer planning

25 team to:

26 (1)AAaddress any necessary data transfer;

27 (2)AAestablish file transfer procedures; and

85R23085 MK-D 23
1 (3)AAnotify relevant persons regarding the transfer of

2 services to the contractor.

3 Sec.A264.161.AALIABILITY INSURANCE REQUIREMENTS. A single

4 source continuum contractor and any subcontractor of the single

5 source continuum contractor providing community-based foster care

6 services shall maintain minimum insurance coverage, as required in

7 the contract with the department, to minimize the risk of

8 insolvency and protect against damages. The executive commissioner

9 may adopt rules to implement this section.

10 Sec.A264.162.AAREVIEW OF CONTRACTOR PERFORMANCE. (a) The

11 department shall develop a formal review process to evaluate a

12 single source continuum contractor s implementation of placement

13 services and case management services in a catchment area.

14 (b)AAThe department shall conduct the review for a single

15 source continuum contractor after the contractor completes the

16 implementation of placement services in a catchment area, and after

17 the contractor completes the implementation of case management

18 services in the catchment area.

19 Sec.A264.163.AANOTICE REQUIRED FOR EARLY TERMINATION OF

20 CONTRACT. (a) A single source continuum contractor may terminate a

21 contract entered into under this subchapter by providing notice to

22 the department of the contractor s intent to terminate the contract

23 not later than the 90th day before the date of the termination.

24 (b)AAThe department may terminate a contract entered into

25 with a single source continuum contractor under this subchapter by

26 providing notice to the contractor of the department s intent to

27 terminate the contract not later than the 30th day before the date

85R23085 MK-D 24
1 of termination.

2 Sec.A264.164.AACONTINGENCY PLAN IN EVENT OF EARLY CONTRACT

3 TERMINATION. (a) In each catchment area in which community-based

4 foster care is implemented, the department shall create a

5 contingency plan to ensure the continuity of services for children

6 and families in the catchment area in the event of an early

7 termination of the contract with the single source continuum

8 contractor providing foster care services in that catchment area.

9 (b)AAIf a single source continuum contractor gives notice to

10 the department of an early contract termination, the department may

11 enter into a contract with a different contractor for the sole

12 purpose of assuming the contract that is being terminated.

13 Sec.A264.165.AAREVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT.

14 (a) Notwithstanding any other provision of this subchapter

15 governing the transfer of case management authority to a single

16 source continuum contractor, the department shall review a

17 contractor s decision with respect to a child s permanency goal.

18 The department must approve or disapprove a contractor s

19 recommended permanency goal for a child not later than 72 hours

20 after the department receives the recommendation from the

21 contractor.

22 (b)AASubsection (a) may not be construed to limit or restrict

23 the authority of the department to:

24 (1)AAinclude necessary oversight measures and review

25 processes to maintain compliance with federal and state

26 requirements in a contract with a single source continuum

27 contractor; or

85R23085 MK-D 25
1 (2)AAattend court proceedings related to a child in the

2 conservatorship of the department, including any hearings, trials,

3 or mediations.

4 (c)AAThe department shall develop an internal dispute

5 resolution process to decide disagreements between a single source

6 continuum contractor and the department.

7 Sec.A264.166.AASTATUTORY DUTIES ASSUMED BY CONTRACTOR.

8 Except as provided by Section 264.167, a single source continuum

9 contractor providing foster care services in a catchment area must,

10 either directly or through subcontractors, assume the statutory

11 duties of the department in connection with the delivery of foster

12 care services in that catchment area.

13 Sec.A264.167.AACONTINUING DUTIES OF DEPARTMENT. In a

14 catchment area in which a single source continuum contractor is

15 providing family-based safety services, community-based foster

16 care services, or integrated care coordination, legal

17 representation of the department in an action under this code shall

18 be provided in accordance with Section 264.009.

19 Sec.A264.168.AACONFIDENTIALITY. (a) The records of a single

20 source continuum contractor relating to the provision of

21 community-based foster care services in a catchment area are

22 subject to Chapter 552, Government Code, in the same manner as the

23 records of the department are subject to that chapter.

24 (b)AASubchapter C, Chapter 261, regarding the

25 confidentiality of certain case information, applies to the records

26 of a single source continuum contractor in relation to the

27 provision of services by the contractor.

85R23085 MK-D 26
1 Sec.A264.169.AAATTORNEY-CLIENT PRIVILEGE. An employee,

2 agent, or representative of a single source continuum contractor is

3 considered to be a client s representative of the department for

4 purposes of the privilege under Rule 503, Texas Rules of Evidence,

5 as that privilege applies to communications with a prosecuting

6 attorney or other attorney representing the department, or the

7 attorney s representatives, in a proceeding under this subtitle.

8 Sec.A264.170.AACHILD PROTECTIVE SERVICES LEGISLATIVE

9 OVERSIGHT COMMITTEE. (a) In this section, "committee" means the

10 Child Protective Services Legislative Oversight Committee

11 established under this section.

12 (b)AAThe Child Protective Services Legislative Oversight

13 Committee is created to facilitate the transfer of functions from

14 the department to single source continuum contractors under this

15 subchapter with minimal negative effect on the delivery of services

16 to which those functions relate.

17 (c)AAThe committee is composed of 11 voting members, as

18 follows:

19 (1)AAfour members of the senate, appointed by the

20 lieutenant governor;

21 (2)AAfour members of the house of representatives,

22 appointed by the speaker of the house of representatives; and

23 (3)AAthree members of the public, appointed by the

24 governor.

25 (d)AAThe commissioner of the department serves as an ex

26 officio, nonvoting member of the committee.

27 (e)AAA member of the committee serves at the pleasure of the

85R23085 MK-D 27
1 appointing official.

2 (f)AAThe lieutenant governor and the speaker of the house of

3 representatives shall each designate a presiding co-chair from

4 among their respective appointments.

5 (g)AAA member of the committee may not receive compensation

6 for serving on the committee but is entitled to reimbursement for

7 travel expenses incurred by the member while conducting the

8 business of the committee as provided by the General Appropriations

9 Act.

10 (h)AAThe committee shall:

11 (1)AAfacilitate the transfer of functions from the

12 department to single source continuum contractors with minimal

13 negative effect on the delivery of services to which those

14 functions relate;

15 (2)AAwith assistance from the department, advise the

16 commissioner of the department concerning:

17 (A)AAthe functions to be transferred under this

18 subchapter and the funds and obligations that are related to the

19 functions;

20 (B)AAthe transfer of the functions and related

21 records, funds, and obligations by the department that are required

22 by this subchapter; and

23 (C)AAthe reorganization of the department s

24 administrative structure as required by the implementation of

25 community-based foster care under this subchapter and other

26 provisions enacted by the 85th Legislature that become law; and

27 (3)AAmeet at least semiannually at the call of either

85R23085 MK-D 28
1 chair, in addition to meeting at other times as determined

2 appropriate by either chair.

3 (i)AAChapter 551, Government Code, applies to the committee.

4 (j)AAThe committee shall submit a report to the governor,

5 lieutenant governor, speaker of the house of representatives, and

6 legislature not later than December 1 of each even-numbered year.

7 The report must include an update on the progress of and issues

8 related to:

9 (1)AAthe implementation of community-based foster

10 care, including the need for any additional statutory changes

11 required to ensure the achievement of the stated purposes of this

12 subchapter; and

13 (2)AAthe reorganization of the department s

14 administrative structure as necessary during the implementation of

15 community-based foster care under this subchapter and other

16 provisions enacted by the 85th Legislature that become law.

17 Sec.A264.171.AAPILOT PROGRAM FOR FAMILY-BASED SAFETY

18 SERVICES. (a) In this section, "case management services" means

19 the direct delivery and coordination of a network of formal and

20 informal activities and services in a catchment area where the

21 department has entered into, or is in the process of entering into,

22 a contract with a single source continuum contractor to provide

23 family-based safety services and case management and includes:

24 (1)AAcaseworker visits with the child and all

25 caregivers;

26 (2)AAfamily visits;

27 (3)AAfamily group conferencing or family group

85R23085 MK-D 29
1 decision-making;

2 (4)AAdevelopment of the family plan of service;

3 (5)AAmonitoring, developing, securing, and

4 coordinating services;

5 (6)AAevaluating the progress of children, caregivers,

6 and families receiving services;

7 (7)AAassuring that the rights of children, caregivers,

8 and families receiving services are protected;

9 (8)AAduties relating to family-based safety services

10 ordered by a court, including:

11 (A)AAproviding any required notifications or

12 consultations;

13 (B)AApreparing court reports;

14 (C)AAattending judicial hearings, trials, and

15 mediations;

16 (D)AAcomplying with applicable court orders; and

17 (E)AAensuring the child is progressing toward the

18 goal of permanency within state and federally mandated guidelines;

19 and

20 (9)AAany other function or service that the department

21 determines is necessary to allow a single source continuum

22 contractor to assume responsibility for case management.

23 (b)AAThe department shall develop and implement in two child

24 protective services regions of the state a pilot program under

25 which the commission contracts with a single nonprofit entity that

26 has an organizational mission focused on child welfare or a

27 governmental entity in each region to provide family-based safety

85R23085 MK-D 30
1 services and case management for children and families receiving

2 family-based safety services. The contract must include a

3 transition plan for the provision of services that ensures the

4 continuity of services for children and families in the selected

5 regions.

6 (c)AAThe contract with an entity must include

7 performance-based provisions that require the entity to achieve the

8 following outcomes for families receiving services from the entity:

9 (1)AAa decrease in recidivism;

10 (2)AAan increase in protective factors; and

11 (3)AAany other performance-based outcome specified by

12 the department.

13 (d)AAThe commission may only contract for implementation of

14 the pilot program with entities that the department considers to

15 have the capacity to provide, either directly or through

16 subcontractors, an array of evidence-based, promising practice, or

17 evidence-informed services and support programs to children and

18 families in the selected child protective services regions.

19 (e)AAThe contracted entity must perform all statutory duties

20 of the department in connection with the delivery of the services

21 specified in Subsection (b).

22 (f)AANot later than December 31, 2018, the department shall

23 report to the appropriate standing committees of the legislature

24 having jurisdiction over child protective services and foster care

25 matters on the progress of the pilot program. The report must

26 include:

27 (1)AAan evaluation of each contracted entity s success

85R23085 MK-D 31
1 in achieving the outcomes described by Subsection (c); and

2 (2)AAa recommendation as to whether the pilot program

3 should be continued, expanded, or terminated.

4 (b)AASection 264.126, Family Code, is transferred to

5 Subchapter B-1, Chapter 264, Family Code, as added by this section,

6 redesignated as Section 264.153, Family Code, and amended to read

7 as follows:

8 Sec.A264.153A[264.126].AACOMMUNITY-BASED FOSTER CARE

9 [REDESIGN] IMPLEMENTATION PLAN. (a) The department shall develop

10 and maintain a plan for implementing community-based [the] foster

11 care [redesign required by Chapter 598 (S.B. 218), Acts of the 82nd

12 Legislature, Regular Session, 2011]. The plan must:

13 (1)AAdescribe the department s expectations, goals, and

14 approach to implementing community-based foster care [redesign];

15 (2)AAinclude a timeline for implementing

16 community-based [the] foster care [redesign] throughout this

17 state, a timeline for the transfer of case management services, and

18 any limitations related to the implementation;

19 (3)AAinclude [, and] a progressive intervention plan

20 and a contingency plan to provide continuity of foster care service

21 delivery if a contract with a single source continuum contractor

22 ends prematurely;

23 (4)AAinclude a provision establishing the required time

24 for a contractor to provide notice of contract termination;

25 (5)A[(3)]AAdelineate and define the case management

26 roles and responsibilities of the department and the department s

27 contractors and the duties, employees, and related funding that

85R23085 MK-D 32
1 will be transferred to the contractor by the department;

2 (6)A[(4)]AAidentify any training needs and include

3 long-range and continuous plans for training and cross-training

4 staff;

5 (7)A[(5)]AAinclude a plan for evaluating the costs and

6 tasks associated with each contract procurement, including the

7 initial and ongoing contract costs for the department and

8 contractor;

9 (8)A[(6)]AAinclude the department s contract

10 monitoring approach and a plan for evaluating the performance of

11 each contractor and the community-based foster care [redesign]

12 system as a whole that includes an independent evaluation of each

13 contractor s processes and fiscal and qualitative outcomes; and

14 (9)A[(7)]AAinclude a report on transition issues

15 resulting from implementation of community-based [the] foster care

16 [redesign].

17 (b)AAThe department shall annually:

18 (1)AAupdate the implementation plan developed under

19 this section and post the updated plan on the department s Internet

20 website; and

21 (2)AApost on the department s Internet website the

22 progress the department has made toward its goals for implementing

23 community-based [the] foster care [redesign].

24 SECTIONA14.AASubchapter A, Chapter 265, Family Code, is

25 amended by adding Sections 265.0041, 265.0042, 265.0043, and

26 265.0044 to read as follows:

27 Sec.A265.0041.AAGEOGRAPHIC RISK MAPPING FOR PREVENTION AND

85R23085 MK-D 33
1 EARLY INTERVENTION SERVICES. (a)AAThe department shall use risk

2 terrain modeling systems, predictive analytic systems, or

3 geographic risk assessments or shall develop a system or assessment

4 under Subsection (c) to:

5 (1)AAidentify geographic areas that have high risk

6 indicators of child maltreatment and child fatalities resulting

7 from abuse or neglect; and

8 (2)AAtarget the implementation and use of prevention

9 and early intervention services to those geographic areas.

10 (b)AAThe department may not use data gathered under this

11 section to identify a specific family or individual.

12 (c)AAThe Health and Human Services Commission, on behalf of

13 the department, may enter into agreements with institutions of

14 higher education to develop or adapt, in coordination with the

15 department, a risk terrain modeling system, a predictive analytic

16 system, or a geographic risk assessment to be used for purposes of

17 this section.

18 Sec.A265.0042.AACOLLABORATION WITH INSTITUTIONS OF HIGHER

19 EDUCATION. (a)AASubject to the availability of funds, the Health

20 and Human Services Commission, on behalf of the department, shall

21 enter into agreements with institutions of higher education to

22 conduct efficacy reviews of any prevention and early intervention

23 programs that have not previously been evaluated for effectiveness

24 through a scientific research evaluation process.

25 (b)AASubject to the availability of funds, the department

26 shall collaborate with an institution of higher education to create

27 and track indicators of child well-being to determine the

85R23085 MK-D 34
1 effectiveness of prevention and early intervention services.

2 Sec.A265.0043.AAINTERAGENCY SHARING OF DATA FOR RISK TERRAIN

3 MODELING. (a)AANotwithstanding any other provision of law, state

4 agencies, including the Texas Education Agency, the Texas Juvenile

5 Justice Department, and the Department of Public Safety, shall

6 disclose information related to child abuse or neglect only to the

7 prevention and early intervention services division of the

8 department for the purpose of implementing Section 265.0041.

9 (b)AAThe prevention and early intervention services division

10 may not disclose information received under this section to any

11 other state agency or division of the department.

12 Sec.A265.0044.AAETHICAL GUIDELINES. The executive

13 commissioner of the Health and Human Services Commission shall

14 develop guidelines regarding:

15 (1)AAthe type of risk terrain modeling data to be

16 collected by the department and the acceptable uses of the data; and

17 (2)AAthe methods for sharing final geographic risk maps

18 with external prevention services providers.

19 SECTIONA15.AASection 265.005(b), Family Code, is amended to

20 read as follows:

21 (b)AAA strategic plan required under this section must:

22 (1)AAidentify methods to leverage other sources of

23 funding or provide support for existing community-based prevention

24 efforts;

25 (2)AAinclude a needs assessment that identifies

26 programs to best target the needs of the highest risk populations

27 and geographic areas;

85R23085 MK-D 35
1 (3)AAidentify the goals and priorities for the

2 department s overall prevention efforts;

3 (4)AAreport the results of previous prevention efforts

4 using available information in the plan;

5 (5)AAidentify additional methods of measuring program

6 effectiveness and results or outcomes;

7 (6)AAidentify methods to collaborate with other state

8 agencies on prevention efforts; [and]

9 (7)AAidentify specific strategies to implement the plan

10 and to develop measures for reporting on the overall progress

11 toward the plan s goals; and

12 (8)AAidentify specific strategies to increase local

13 capacity for the delivery of prevention and early intervention

14 services through collaboration with communities and stakeholders.

15 SECTIONA16.AASection 266.012, Family Code, is amended by

16 adding Subsection (c) to read as follows:

17 (c)AAA single source continuum contractor under Subchapter

18 B-1, Chapter 264, providing therapeutic foster care services to a

19 child shall ensure that the child receives a comprehensive

20 assessment under this section at least once every 90 days.

21 SECTIONA17.AA(a)AASection 531.02013, Government Code, is

22 amended to read as follows:

23 Sec.A531.02013.AAFUNCTIONS REMAINING WITH CERTAIN AGENCIES.

24 The following functions are not subject to transfer under Sections

25 531.0201 and 531.02011:

26 (1)AAthe functions of the Department of Family and

27 Protective Services, including the statewide intake of reports and

85R23085 MK-D 36
1 other information, related to the following:

2 (A)AAchild protective services, including

3 services that are required by federal law to be provided by this

4 state s child welfare agency;

5 (B)AAadult protective services, other than

6 investigations of the alleged abuse, neglect, or exploitation of an

7 elderly person or person with a disability:

8 (i)AAin a facility operated, or in a facility

9 or by a person licensed, certified, or registered, by a state

10 agency; or

11 (ii)AAby a provider that has contracted to

12 provide home and community-based services; [and]

13 (C)AAprevention and early intervention services;

14 and

15 (D)AAinvestigations of alleged abuse, neglect, or

16 exploitation occurring at a child-care facility, as that term is

17 defined in Section 40.042, Human Resources Code; and

18 (2)AAthe public health functions of the Department of

19 State Health Services, including health care data collection and

20 maintenance of the Texas Health Care Information Collection

21 program.

22 (b)AANotwithstanding any provision of Subchapter A-1,

23 Chapter 531, Government Code, or any other law, the responsibility

24 for conducting investigations of reports of abuse, neglect, or

25 exploitation occurring at a child-care facility, as that term is

26 defined in Section 40.042, Human Resources Code, as added by this

27 Act, may not be transferred to the Health and Human Services

85R23085 MK-D 37
1 Commission and remains the responsibility of the Department of

2 Family and Protective Services.

3 (c)AAAs soon as possible after the effective date of this

4 section, the commissioner of the Department of Family and

5 Protective Services shall transfer the responsibility for

6 conducting investigations of reports of abuse, neglect, or

7 exploitation occurring at a child-care facility, as that term is

8 defined in Section 40.042, Human Resources Code, as added by this

9 Act, to the child protective services division of the department.

10 The commissioner shall transfer appropriate investigators and

11 staff as necessary to implement this section.

12 (d)AAThis section takes effect immediately if this Act

13 receives a vote of two-thirds of all the members of each house, as

14 provided by Section 39, Article III, Texas Constitution. If this

15 Act does not receive the vote necessary for this section to take

16 immediate effect, this section takes effect on the 91st day after

17 the last day of the legislative session.

18 SECTIONA18.AA(a)AASubchapter A, Chapter 533, Government

19 Code, is amended by adding Section 533.0054 to read as follows:

20 Sec.A533.0054.AAHEALTH SCREENING REQUIREMENTS FOR ENROLLEE

21 UNDER STAR HEALTH PROGRAM. (a)AAA managed care organization that

22 contracts with the commission to provide health care services to

23 recipients under the STAR Health program must ensure that enrollees

24 receive a complete early and periodic screening, diagnosis, and

25 treatment checkup in accordance with the requirements specified in

26 the contract between the managed care organization and the

27 commission.

85R23085 MK-D 38
1 (b)AAThe commission shall include a provision in a contract

2 with a managed care organization to provide health care services to

3 recipients under the STAR Health program specifying progressive

4 monetary penalties for the organization s failure to comply with

5 Subsection (a).

6 (b)AAThe Health and Human Services Commission shall, in a

7 contract for the provision of health care services under the STAR

8 Health program between the commission and a managed care

9 organization under Chapter 533, Government Code, that is entered

10 into, renewed, or extended on or after the effective date of this

11 section, require that the managed care organization comply with

12 Section 533.0054, Government Code, as added by this section.

13 (c)AAThe Health and Human Services Commission may not impose

14 a monetary penalty for noncompliance with a contract provision

15 described by Section 533.0054(b), Government Code, as added by this

16 section, until September 1, 2018.

17 (d)AAIf before implementing Section 533.0054, Government

18 Code, as added by this section, the Health and Human Services

19 Commission determines that a waiver or authorization from a federal

20 agency is necessary for implementation of that provision, the

21 agency affected by the provision shall request the waiver or

22 authorization and may delay implementing that provision until the

23 waiver or authorization is granted.

24 SECTIONA19.AA(a)AASubchapter A, Chapter 533, Government

25 Code, is amended by adding Section 533.0056 to read as follows:

26 Sec.A533.0056.AASTAR HEALTH PROGRAM: NOTIFICATION OF

27 PLACEMENT CHANGE. A contract between a managed care organization

85R23085 MK-D 39
1 and the commission for the organization to provide health care

2 services to recipients under the STAR Health program must require

3 the organization to ensure continuity of care for a child whose

4 placement has changed by:

5 (1)AAnotifying each specialist treating the child of

6 the placement change; and

7 (2)AAcoordinating the transition of care from the

8 child s previous treating primary care physician and treating

9 specialists to the child s new treating primary care physician and

10 treating specialists, if any.

11 (b)AAThe changes in law made by this section apply only to a

12 contract for the provision of health care services under the STAR

13 Health program between the Health and Human Services Commission and

14 a managed care organization under Chapter 533, Government Code,

15 that is entered into, renewed, or extended on or after the effective

16 date of this section.

17 (c)AAIf before implementing Section 533.0056, Government

18 Code, as added by this section, the Health and Human Services

19 Commission determines that a waiver or authorization from a federal

20 agency is necessary for implementation of that provision, the

21 health and human services agency affected by the provision shall

22 request the waiver or authorization and may delay implementing that

23 provision until the waiver or authorization is granted.

24 SECTIONA20.AASection 40.032, Human Resources Code, is

25 amended by adding Subsection (h) to read as follows:

26 (h)AAIn this subsection, "community-based foster care" has

27 the meaning assigned by Section 264.152, Family Code. The

85R23085 MK-D 40
1 department shall collaborate with single source continuum

2 contractors to ensure that employees of the department who perform

3 case management functions are given preference for employment by

4 service providers under the community-based foster care service

5 system.

6 SECTIONA21.AA(a)AASubchapter B, Chapter 40, Human Resources

7 Code, is amended by adding Sections 40.039, 40.040, 40.041, and

8 40.042 to read as follows:

9 Sec.A40.039.AAREVIEW OF RECORDS RETENTION POLICY. The

10 department shall periodically review the department s records

11 retention policy with respect to case and intake records relating

12 to department functions. The department shall make changes to the

13 policy consistent with the records retention schedule submitted

14 under Section 441.185, Government Code, that are necessary to

15 improve case prioritization and the routing of cases to the

16 appropriate division of the department. The department may adopt

17 rules necessary to implement this section.

18 Sec.A40.040.AAFOSTER CARE SERVICES CONTRACT COMPLIANCE,

19 OVERSIGHT, AND QUALITY ASSURANCE DIVISION. (a) In this section,

20 "community-based foster care" has the meaning assigned by Section

21 264.152, Family Code.

22 (b)AAThe department shall create within the department the

23 foster care services contract compliance, oversight, and quality

24 assurance division. The division shall:

25 (1)AAoversee contract compliance and achievement of

26 performance-based outcomes by any vendor that provides foster care

27 services for the department under community-based foster care; and

85R23085 MK-D 41
1 (2)AAconduct assessments on the fiscal and qualitative

2 performance of any vendor that provides foster care services for

3 the department under community-based foster care.

4 Sec.A40.041.AAOFFICE OF DATA ANALYTICS. The department

5 shall create an office of data analytics. The office shall report

6 to the deputy commissioner and may perform any of the following

7 functions, as determined by the department:

8 (1)AAmonitor management trends;

9 (2)AAanalyze employee exit surveys and interviews;

10 (3)AAevaluate the effectiveness of employee retention

11 efforts, including merit pay;

12 (4)AAcreate and manage a system for handling employee

13 complaints submitted by the employee outside of an employee s

14 direct chain of command, including anonymous complaints;

15 (5)AAmonitor and provide reports to department

16 management personnel on:

17 (A)AAemployee complaint data and trends in

18 employee complaints;

19 (B)AAcompliance with annual department

20 performance evaluation requirements; and

21 (C)AAthe department s use of positive performance

22 levels for employees;

23 (6)AAtrack employee tenure and internal employee

24 transfers within both the child protective services division and

25 the department;

26 (7)AAuse data analytics to predict workforce shortages

27 and identify areas of the department with high rates of employee

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1 turnover, and develop a process to inform the deputy commissioner

2 and other appropriate staff regarding the office s findings;

3 (8)AAcreate and monitor reports on key metrics of

4 agency performance;

5 (9)AAanalyze available data, including data on employee

6 training, for historical and predictive department trends; and

7 (10)AAconduct any other data analysis the department

8 determines to be appropriate for improving performance, meeting the

9 department s current business needs, or fulfilling the powers and

10 duties of the department.

11 Sec.A40.042.AAINVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND

12 EXPLOITATION. (a)AAIn this section, "child-care facility"

13 includes a facility, licensed or unlicensed child-care facility,

14 family home, residential child-care facility, employer-based

15 day-care facility, or shelter day-care facility, as those terms are

16 defined in Chapter 42, Human Resources Code.

17 (b)AAFor all investigations of child abuse or neglect

18 conducted by the child protective services division of the

19 department, the department shall adopt the definitions of abuse and

20 neglect provided in Section 261.001, Family Code.

21 (c)AAFor all investigations of child exploitation conducted

22 by the child protective services division of the department, the

23 department shall adopt the definition of exploitation provided in

24 Section 261.401, Family Code.

25 (d)AAThe department shall establish standardized policies to

26 be used during investigations.

27 (e)AAThe commissioner shall establish units within the child

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1 protective services division of the department to specialize in

2 investigating allegations of child abuse and neglect occurring at a

3 child-care facility.

4 (f)AAThe department may require that investigators who

5 specialize in allegations of child abuse and neglect occurring at

6 child-care facilities receive ongoing training on the minimum

7 licensing standards for any facilities that are applicable to the

8 investigator s specialization.

9 (g)AAAfter an investigation of abuse, neglect, or

10 exploitation occurring at a child-care facility, the department

11 shall provide the state agency responsible for regulating the

12 facility with access to any information relating to the

13 department s investigation. Providing access to confidential

14 information under this subsection does not constitute a waiver of

15 confidentiality.

16 (h)AAThe department may adopt rules to implement this

17 section.

18 (b)AAAs soon as possible after the effective date of this

19 Act, the commissioner of the Department of Family and Protective

20 Services shall establish the office of data analytics required by

21 Section 40.041, Human Resources Code, as added by this section. The

22 commissioner and the executive commissioner of the Health and Human

23 Services Commission shall transfer appropriate staff as necessary

24 to conduct the duties of the office.

25 (c)AAThe Department of Family and Protective Services must

26 implement the standardized definitions and policies required under

27 Sections 40.042(b), (c), and (d), Human Resources Code, as added by

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1 this Act, not later than December 1, 2017.

2 SECTIONA22.AASection 40.051, Human Resources Code, is

3 amended to read as follows:

4 Sec.A40.051.AASTRATEGIC PLAN FOR DEPARTMENT. The department

5 shall develop a departmental strategic plan based on the goals and

6 priorities stated in the commission s coordinated strategic plan

7 for health and human services. The department shall also develop

8 its plan based on:

9 (1)AAfurthering the policy of family preservation;

10 (2)AAthe goal of ending the abuse and neglect of

11 children in the conservatorship of the department; and

12 (3)AAthe goal of increasing the capacity and

13 availability of foster, relative, and kinship placements in this

14 state.

15 SECTIONA23.AA(a)AASection 40.058(f), Human Resources Code,

16 is amended to read as follows:

17 (f)AAA contract for residential child-care services provided

18 by a general residential operation or by a child-placing agency

19 must include provisions that:

20 (1)AAenable the department and commission to monitor

21 the effectiveness of the services;

22 (2)AAspecify performance outcomes, financial penalties

23 for failing to meet any specified performance outcomes, and

24 financial incentives for exceeding any specified performance

25 outcomes;

26 (3)AAauthorize the department or commission to

27 terminate the contract or impose monetary sanctions for a violation

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1 of a provision of the contract that specifies performance criteria

2 or for underperformance in meeting any specified performance

3 outcomes;

4 (4)AAauthorize the department or commission, an agent

5 of the department or commission, and the state auditor to inspect

6 all books, records, and files maintained by a contractor relating

7 to the contract; and

8 (5)AAare necessary, as determined by the department or

9 commission, to ensure accountability for the delivery of services

10 and for the expenditure of public funds.

11 (b)AAThe Health and Human Services Commission shall, in a

12 contract for residential child-care services between the

13 commission and a general residential operation or child-placing

14 agency that is entered into on or after the effective date of this

15 section, including a renewal contract, include the provisions

16 required by Section 40.058(f), Human Resources Code, as amended by

17 this section.

18 (c)AAThe Health and Human Services Commission shall seek to

19 amend contracts for residential child-care services entered into

20 with general residential operations or child-placing agencies

21 before the effective date of this section to include the provisions

22 required by Section 40.058(f), Human Resources Code, as amended by

23 this section.

24 (d)AAThe Department of Family and Protective Services and the

25 Health and Human Services Commission may not impose a financial

26 penalty against a general residential operation or child-placing

27 agency under a contract provision described by Section 40.058(f)(2)

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1 or (3), Human Resources Code, as amended by this section, until

2 September 1, 2018.

3 SECTIONA24.AA(a)AASubchapter C, Chapter 40, Human Resources

4 Code, is amended by adding Section 40.0581 to read as follows:

5 Sec.A40.0581.AAPERFORMANCE MEASURES FOR CERTAIN SERVICE

6 PROVIDER CONTRACTS. (a)AAThe commission, in collaboration with the

7 department, shall contract with a vendor or enter into an agreement

8 with an institution of higher education to develop, in coordination

9 with the department, performance quality metrics for family-based

10 safety services and post-adoption support services providers. The

11 quality metrics must be included in each contract with those

12 providers.

13 (b)AAEach provider whose contract with the commission to

14 provide department services includes the quality metrics developed

15 under Subsection (a) must prepare and submit to the department a

16 report each calendar quarter regarding the provider s performance

17 based on the quality metrics.

18 (c)AAThe commissioner shall compile a summary of all reports

19 prepared and submitted to the department by family-based safety

20 services providers as required by Subsection (b) and distribute the

21 summary to appropriate family-based safety services caseworkers

22 and child protective services region management once each calendar

23 quarter.

24 (d)AAThe commissioner shall compile a summary of all reports

25 prepared and submitted to the department by post-adoption support

26 services providers as required by Subsection (b) and distribute the

27 summary to appropriate conservatorship and adoption caseworkers

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1 and child protective services region management.

2 (e)AAThe department shall make the summaries prepared under

3 Subsections (c) and (d) available to families that are receiving

4 family-based safety services and to adoptive families.

5 (f)AAThis section does not apply to a provider that has

6 entered into a contract with the commission to provide family-based

7 safety services under Section 264.171, Family Code.

8 (b)AAThe quality metrics required by Section 40.0581, Human

9 Resources Code, as added by this section, must be developed not

10 later than September 1, 2018, and included in any contract,

11 including a renewal contract, entered into by the Health and Human

12 Services Commission with a family-based safety services provider or

13 a post-adoption support services provider on or after January 1,

14 2019, except as provided by Section 40.0581(f), Human Resources

15 Code, as added by this section.

16 SECTIONA25.AASection 42.042, Human Resources Code, is

17 amended by adding Subsections (s) and (t) to read as follows:

18 (s)AAThe department shall create and implement processes to

19 simplify and streamline the licensing and verification rules for

20 agency foster homes and child-placing agencies, including:

21 (1)AAa process to allow provisional verification of a

22 foster home, based on the foster parent s partial completion of the

23 licensing requirements, as determined by the department; and

24 (2)AAa process to streamline background checks for

25 potential foster care providers.

26 (t)AAThe department may waive certain minimum standards or

27 may permit a child-placing agency to waive certain verification

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1 requirements for a foster home under this section.

2 SECTIONA26.AA(a)AASubchapter C, Chapter 42, Human Resources

3 Code, is amended by adding Section 42.0432 to read as follows:

4 Sec.A42.0432.AAHEALTH SCREENING REQUIREMENTS FOR CHILD

5 PLACED WITH CHILD-PLACING AGENCY. (a)AAA child-placing agency or

6 general residential operation that contracts with the department to

7 provide services must ensure that the children that are in the

8 managing conservatorship of the department and are placed with the

9 child-placing agency or general residential operation receive a

10 complete early and periodic screening, diagnosis, and treatment

11 checkup in accordance with the requirements specified in the

12 contract between the child-placing agency or general residential

13 operation and the department.

14 (b)AAThe commission shall include a provision in a contract

15 with a child-placing agency or general residential operation

16 specifying progressive monetary penalties for the child-placing

17 agency s or general residential operation s failure to comply with

18 Subsection (a).

19 (b)AAA child-placing agency or general residential operation

20 that contracts to provide services for the Department of Family and

21 Protective Services must comply with the requirements of Section

22 42.0432, Human Resources Code, as added by this section, not later

23 than August 31, 2018. The department and the Health and Human

24 Services Commission may not impose a monetary penalty for

25 noncompliance with a contract provision described by that section

26 until September 1, 2018.

27 SECTIONA27.AAThe changes in law made by this Act to Section

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1 263.401, Family Code, apply only to a suit affecting the

2 parent-child relationship filed on or after the effective date of

3 this Act. A suit affecting the parent-child relationship filed

4 before the effective date of this Act is governed by the law in

5 effect on the date the suit was filed, and the former law is

6 continued in effect for that purpose.

7 SECTIONA28.AAExcept as otherwise provided by this Act, the

8 changes in law made by this Act apply only to a contract for foster

9 care services entered into or renewed on or after the effective date

10 of this Act.

11 SECTIONA29.AAExcept as otherwise provided by this Act, this

12 Act takes effect September 1, 2017.

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