By: Kolkhorst S.B. No. 1896
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of child-care facilities and foster care
  placements and services and the creation of the Office of
  Community-Based Care Transition.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 263, Family Code, is
  amended by adding Section 263.409 to read as follows:
         Sec. 263.409.  FINAL NOTIFICATION OF BENEFITS RELATED TO
  KINSHIP VERIFICATION. Before a court enters a final order naming a
  relative or another adult with a longstanding and significant
  relationship with a foster child as the permanent managing
  conservator for the child, the court shall verify that:
               (1)  the individual was offered the opportunity to
  become verified by a licensed child-placing agency to qualify for
  permanency care assistance benefits under Subchapter K, Chapter
  264, and the individual declined the verification process and the
  permanency care assistance benefits; and
               (2)  the child-placing agency conducting the
  verification for the individual's permanency care assistance
  benefits has been notified of the individual's decision to decline
  the permanency care assistance benefits.
         SECTION 2.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Sections 264.1071 and 264.1073 to read as
  follows:
         Sec. 264.1071.  OFFICE STAYS PROHIBITED. The department may
  not allow a child to stay overnight in a department office.
         Sec. 264.1073.  TREATMENT FOSTER CARE. The department and
  single source continuum contractors shall:
               (1)  lessen employment restrictions to allow single
  parents to participate in treatment foster care, when quality care
  is assured;
               (2)  expand the eligible age for treatment foster care
  to include children 10 years of age or older;
               (3)  prepare and plan for the subsequent placement not
  later than the 30th day after a child is placed in treatment foster
  care to assist in the transition to the least restrictive
  placement; and
               (4)  extend the length of time for a treatment foster
  care placement.
         SECTION 3.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.117 to read as follows:
         Sec. 264.117.  MENTORS FOR FOSTER CHILDREN. (a)  The
  department and each single source continuum contractor in this
  state, in collaboration with local governmental entities and
  faith- and community-based organizations, shall examine the
  feasibility of designing a volunteer mentor program for children in
  congregate care settings.
         (b)  Not later than December 31, 2022, the department shall
  report its findings and recommendations for establishing a mentor
  program to the legislature.
         (c)  This section expires September 1, 2023.
         SECTION 4.  (a) Section 264.1261, Family Code, is amended by
  adding Subsections (b-1), (b-2), and (b-3) to read as follows:
         (b-1)  Notwithstanding Section 264.0011, the Health and
  Human Services Commission in collaboration with the department, and
  each single source continuum contractor in this state, shall
  develop a plan to increase the placement capacity in each catchment
  area of the state with the goal of eliminating the need to place a
  child outside of the child's community. The commission shall
  consider whether contracting for additional capacity at
  residential treatment centers, facilities that provide mental
  inpatient or outpatient beds for children with behavioral health or
  mental health needs, and other potential temporary placement
  options provide the best methods for meeting capacity shortages.
         (b-2)  The plan required by Subsection (b-1) must include
  information and contingency plans to ensure adequate capacity in
  other facilities to meet placement needs when a facility is placed
  on probation.
         (b-3)  The department and each single source continuum
  contractor shall contract with facilities for reserve beds to
  ensure the department may place each child in a facility if capacity
  is otherwise unavailable.
         (b)  Sections 264.1261(a) and (b), Family Code, as added by
  Chapter 822 (H.B. 1549), Acts of the 85th Legislature, Regular
  Session, 2017, are repealed.
         SECTION 5.  Subchapter B-1, Chapter 264, Family Code, is
  amended by adding Sections 264.171 and 264.172 to read as follows:
         Sec. 264.171.  JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON
  COMMUNITY-BASED CARE TRANSITION. (a) Notwithstanding Section
  264.0011, in this section:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Committee" means the Joint Legislative Oversight
  Committee on Community-Based Care Transition.
               (3)  "Department" means the Department of Family and
  Protective Services.
         (b)  The Joint Legislative Oversight Committee on
  Community-Based Care Transition is composed of six voting members
  as follows:
               (1)  three members of the senate, appointed by the
  lieutenant governor; and
               (2)  three members of the house of representatives,
  appointed by the speaker of the house of representatives.
         (c)  The lieutenant governor and speaker of the house of
  representatives shall each appoint a member described by Subsection
  (b)(1) or (2), respectively, to serve as joint chairs of the
  committee.
         (d)  The committee shall meet at the call of the joint chairs
  and may consider public testimony.
         (e)  The committee may employ persons necessary to carry out
  this section through funds made available by the legislature.
         (f)  The committee shall monitor and report to the
  legislature on the following related to the implementation of
  community-based care:
               (1)  the funding of community-based care;
               (2)  the performance and outcomes of community-based
  care statewide and by region;
               (3)  statutory or regulatory barriers to the successful
  implementation of community-based care; and
               (4)  other challenges to the successful implementation
  of community-based care.
         (g)  The committee may request any relevant information from
  the commission, the department, or another relevant state agency,
  and the commission, the department, or agency shall comply with the
  request, unless the provision of the information is prohibited by
  state or federal law.
         (h)  Not later than January 1 of each odd-numbered year, the
  committee shall submit a written report of the committee's findings
  and recommendations to the governor, the lieutenant governor, the
  speaker of the house of representatives, and each member of the
  standing committees of the senate and house of representatives
  having primary jurisdiction over child welfare issues.
         (i)  The committee shall monitor the continued
  implementation of community-based care and hold public hearings to
  receive comments from the public on the implementation of
  community-based care.
         Sec. 264.172.  OFFICE OF COMMUNITY-BASED CARE TRANSITION.
  (a) In this section:
               (1)  "Department" means the Department of Family and
  Protective Services.
               (2)  "Office" means the Office of Community-Based Care
  Transition created under this section.
         (b)  The Office of Community-Based Care Transition is a state
  agency independent of but administratively attached to the
  department.
         (c)  The office shall:
               (1)  assess catchment areas in this state where
  community-based care services may be implemented;
               (2)  develop a plan for implementing community-based
  care in each catchment area in this state, including the order in
  which community-based care will be implemented in each catchment
  area and a timeline for implementation;
               (3)  evaluate community-based care providers;
               (4)  contract with community-based care providers to
  provide services in each catchment area in this state;
               (5)  measure contract performance of community-based
  care providers;
               (6)  provide contract oversight of community-based
  care providers; and
               (7)  report outcomes of community-based care
  providers.
         (d)  The department shall provide any administrative support
  the office needs, and the department and the Health and Human
  Services Commission shall provide access to any information and
  legal counsel the office requires to implement community-based
  care.
         (e)  The governor shall appoint the director of the office to
  serve in that capacity at the pleasure of the governor. The
  director reports directly to the governor.
         (f)  The office shall report to the legislature at least once
  each calendar quarter regarding the implementation of
  community-based care in the state.
         (g)  The office is abolished and this section expires January
  1, 2027.
         SECTION 6.  (a)  Subchapter A, Chapter 533, Government Code,
  is amended by adding Sections 533.00521 and 533.00522 to read as
  follows:
         Sec. 533.00521.  STAR HEALTH PROGRAM: HEALTH CARE FOR
  FOSTER CHILDREN.  (a)  The commission shall annually evaluate the
  use of benefits under the Medicaid program in the STAR Health
  program offered to children in foster care and provide
  recommendations to the Department of Family and Protective Services
  and each single source continuum contractor in this state to better
  coordinate the provision of health care and use of those benefits
  for children in foster care.
         (b)  In conducting the evaluation required under Subsection
  (a), the commission shall collaborate with residential child-care
  providers regarding any unmet needs of children in foster care and
  the development of capacity for providing quality medical,
  behavioral health, and other services for children in foster care.
         (c)  The commission shall report its findings to the
  legislature.
         Sec. 533.00522.  STAR HEALTH PROGRAM: MENTAL HEALTH
  PROVIDERS. A contract between a Medicaid managed care organization
  and the commission for the organization to provide health care
  services to recipients under the STAR Health program must require
  the organization to ensure the organization maintains a network of
  mental and behavioral health providers, including child
  psychiatrists and other appropriate providers, in all Department of
  Family and Protective Services regions in this state, regardless of
  whether community-based care has been implemented in any region.
         (b)  The changes in law made by this section apply only to a
  contract for the provision of health care services under the STAR
  Health program between the Health and Human Services Commission and
  a Medicaid managed care organization under Chapter 533, Government
  Code, that is entered into, renewed, or extended on or after the
  effective date of this section.
         (c)  If before implementing Section 533.00522, Government
  Code, as added by this section, the Health and Human Services
  Commission determines that a waiver or authorization from a federal
  agency is necessary for implementation of that provision, the
  health and human services agency affected by the provision shall
  request the waiver or authorization and may delay implementing that
  provision until the waiver or authorization is granted.
         SECTION 7.  Subchapter C, Chapter 40, Human Resources Code,
  is amended by adding Section 40.05291 to read as follows:
         Sec. 40.05291.  ELECTRONIC CASE MANAGEMENT SYSTEM. (a)  The
  department shall develop a plan to eliminate the department's use
  of paper case files and fully transition to an electronic case
  management system.
         (b)  The department shall implement a fully electronic case
  management system not later than September 1, 2023.
         (c)  This section expires September 1, 2025.
         SECTION 8.  Subchapter C, Chapter 40, Human Resources Code,
  is amended by adding Section 40.0583 to read as follows:
         Sec. 40.0583.  STATE AUDITOR REVIEW OF CONTRACTS. The state
  auditor shall annually review the department's performance-based
  contract to determine whether the department is properly enforcing
  contract provisions with providers and to provide recommendations
  for improving department oversight and execution of contracts.
         SECTION 9.  Subchapter C, Chapter 40, Human Resources Code,
  is amended by adding Section 40.081 to read as follows:
         Sec. 40.081.  IMPLEMENTATION OF FEDERAL LAW. (a) In
  furtherance of department duties under Section 40.002(d), the
  department shall to the greatest extent possible develop capacity
  for placement settings that are eligible for federal financial
  participation under 42 U.S.C. Section 672, including settings:
               (1)  specializing in providing prenatal, postpartum,
  or parenting support for youth;
               (2)  providing high-quality residential care and
  supportive services to children and youth who this state has
  reasonable cause to believe are, or who are at risk of being, sex
  trafficking victims in accordance with 42 U.S.C. Section
  671(a)(9)(C);
               (3)  providing supervised independent living for young
  adults;
               (4)  offering residential family-based substance abuse
  treatment as described by 42 U.S.C. Section 672(j); and
               (5)  serving as a qualified residential treatment
  program.
         (b)  In developing capacity for settings described by
  Subsection (a)(2), the department shall promote the use of
  nationally recognized tools such as the Commercial Sexual
  Exploitation-Identification Tool and any other indicated treatment
  models or best practices for the treatment and prevention of sex
  trafficking victimization.
         SECTION 10.  Subchapter B, Chapter 42, Human Resources Code,
  is amended by adding Section 42.026 to read as follows:
         Sec. 42.026.  ACCESS TO DATABASE. (a)  The commission shall
  make the child-care licensing division's searchable database
  accessible to commission and department investigators.
         (b)  The department shall make the department's searchable
  database accessible to commission and department investigators.
         SECTION 11.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Sections 42.0538 and 42.0583 to read as
  follows:
         Sec. 42.0538.  PROVISIONAL LICENSE FOR KINSHIP PROVIDER.
  (a)  The executive commissioner by rule shall allow a child-placing
  agency to issue a provisional license for a kinship provider, as
  defined by Section 264.851, Family Code, who meets the basic safety
  requirements provided by commission rule. A kinship provider
  issued a provisional license under this section shall complete all
  licensing requirements within the time provided by rule.
         (b)  The executive commissioner shall ensure that the
  implementation of this section does not reduce the amount of
  federal money available to this state.
         Sec. 42.0583.  IDENTIFYING AT-RISK PROVIDERS. The
  department shall use data analytics collected regarding
  residential child-care providers, including general residential
  operations providing treatment services to young adults with
  emotional disorders, to develop an early warning system to identify
  at-risk providers most in need of technical support and to promote
  corrective actions and minimize standard violations.
         SECTION 12.  Subchapter D, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0711 to read as follows:
         Sec. 42.0711.  INSPECTION OF FACILITY ON PROBATION;
  PLACEMENT LIMITS.  (a)  The commission shall inspect each week a
  general residential operation that is placed on probation for
  continued violations of this chapter.
         (b)  The department or a single source continuum contractor
  may not place a child in a facility whose license the commission has
  placed on probation.
         SECTION 13.  Subchapter D, Chapter 42, Human Resources Code,
  is amended by adding Section 42.080 to read as follows:
         Sec. 42.080.  DISCIPLINARY ACTION PROHIBITED. The
  commission may not issue a citation to or take any other
  disciplinary action against a general residential operation or a
  child-placing agency for failing to employ a licensed child-care
  administrator or licensed child-placing administrator, as
  appropriate, if the operation or agency has:
               (1)  been without an administrator for less than 60
  days; and
               (2)  made substantial efforts to hire a qualified
  administrator.
         SECTION 14.  Subchapter H, Chapter 42, Human Resources Code,
  is amended by adding Sections 42.2541, 42.256, 42.257, 42.258,
  42.259, and 42.260 to read as follows:
         Sec. 42.2541.  IMPROVING EDUCATION SERVICES FOR CHILDREN.
  (a)  The department shall develop a strategic plan for improving the
  provision of educational services to children placed in a general
  residential operation.
         (b)  The department shall report to the Texas Education
  Agency the educational outcomes for children placed in a general
  residential operation.
         (c)  The department and the Texas Education Agency shall
  annually evaluate the educational outcomes for children placed in a
  general residential operation and adopt strategies and policies to
  improve the outcomes and standards.
         Sec. 42.256.  TREATMENT MODEL.  (a)  Each general
  residential operation providing treatment services shall, on
  issuance of an initial or renewal license under this chapter,
  submit to the commission information on the operation's treatment
  model.  A general residential operation that contracts with the
  department to provide residential care for children in foster care
  shall submit information on the operation's treatment model to the
  department on execution and renewal of a contract.
         (b)  The operation shall annually assess the overall
  effectiveness of the model adopted under this section.
         (c)  The treatment model must address all aspects related to
  children's care, including children's therapeutic needs.  The model
  shall include:
               (1)  the manner in which treatment goals will be
  individualized and identified for each child;
               (2)  the method the operation will use to measure the
  effectiveness of each treatment goal for the child;
               (3)  the actions the operation will take if the
  treatment goals are not met; and
               (4)  the method the operation will use to monitor and
  evaluate the effectiveness of the treatment model.
         (d)  A general residential operation may change a treatment
  model adopted under this section after notifying the commission of
  the change and submitting the new treatment model to the
  commission.
         (e)  The executive commissioner may adopt rules to implement
  this section.
         (f)  The general residential operation shall adopt policies
  and procedures to implement the treatment model.
         Sec. 42.257.  EVALUATION OF PLACEMENTS. (a)  A general
  residential operation that considers accepting a child's placement
  with the operation shall evaluate the proposed placement on the
  following criteria:
               (1)  whether the child meets the operation's admission
  criteria;
               (2)  whether the child would benefit from the treatment
  model implemented at the operation; and
               (3)  whether the operation has the staff and resources
  to meet the child's needs considering the other children at the
  operation and the other children's needs.
         (b)  A general residential operation shall ensure that the
  evaluation under Subsection (a) does not delay the timely placement
  of a child.
         Sec. 42.258.  LIMIT ON PLACEMENTS FOR NEW FACILITY. If the
  department or a single source continuum contractor contracts with a
  general residential operation providing treatment services to
  place children with the operation before the operation is licensed,
  the contract must limit the number of children that may be placed at
  the operation each month and limit the number of children with a
  service level of specialized, intense, or intense plus until the
  operation exhibits sustained compliance with the licensing
  standards.
         Sec. 42.259.  TRANSITION PLANS. A general residential
  operation shall develop a transition plan for each child who has
  been placed at the operation for longer than six months.
         Sec. 42.260.  TELEHEALTH PILOT PROGRAM. The commission in
  coordination with the department and single source continuum
  contractors shall establish guidelines in the STAR Health program
  to improve the use of telehealth services to provide and enhance
  mental health and behavioral health care for children placed in the
  managing conservatorship of the state.
         SECTION 15.  Section 43.0081, Human Resources Code, is
  amended to read as follows:
         Sec. 43.0081.  PROVISIONAL LICENSE. (a) The commission
  [department] may issue a provisional child-care administrator's
  license to:
               (1)  an applicant licensed in another state who applies
  for a license in this state if the applicant[. An applicant for a
  provisional license under this section must]:
                     (A)  is [(1) be] licensed in good standing as a
  child-care administrator for at least two years in another state,
  the District of Columbia, a foreign country, or a territory of the
  United States that has licensing requirements that are
  substantially equivalent to the requirements of this chapter;
                     (B)  has [(2) have] passed a national or other
  examination recognized by the commission [department] that
  demonstrates competence in the field of child-care administration;
  and
                     (C)  is [(3) be] sponsored by a person licensed by
  the commission [department] under this chapter with whom the
  provisional license holder may practice under this section; and
               (2)  an applicant who:
                     (A)  otherwise qualifies for a license but does
  not meet the experience requirement in Section 43.004(a)(4); and
                     (B)  complies with any additional requirement
  established by rule under Subsection (e).
         (b)  The commission [department] may waive the requirement
  of Subsection (a)(1)(C) [(a)(3)] for an applicant if the commission
  [department] determines that compliance with that paragraph
  [subsection] constitutes a hardship to the applicant.
         (c)  A provisional license under Subsection (a)(1) is valid
  until the date the commission [department] approves or denies the
  provisional license holder's application for a license. The
  commission [department] shall issue a license under this chapter to
  the provisional license holder described by Subsection (a)(1) if:
               (1)  the provisional license holder passes the
  examination required by Section 43.004;
               (2)  the commission [department] verifies that the
  provisional license holder has the academic and experience
  requirements for a license under this chapter; and
               (3)  the provisional license holder satisfies any other
  license requirements under this chapter.
         (d)  For a provisional license holder described by
  Subsection (a)(1), the commission shall [The department must]
  complete the processing of a provisional license holder's
  application for a license not later than the 180th day after the
  date the provisional license is issued.  The commission
  [department] may extend the 180-day limit if the results of the
  license holder's examination have not been received by the
  commission [department].
         (e)  The executive commissioner by rule may establish
  additional requirements for the issuance of a provisional
  child-care administrator's license under Subsection (a)(2)(A) as
  the executive commissioner determines appropriate.
         SECTION 16.  Section 264.169, Family Code, and Section
  40.0581(f), Human Resources Code, are repealed.
         SECTION 17.  (a) The Health and Human Services Commission,
  in collaboration with the Department of Family and Protective
  Services, shall review the Centers for Medicare and Medicaid
  Services' Integrated Care for Kids (InCK) Model to determine
  whether implementing the model could benefit children in this
  state, including children enrolled in the STAR Health Medicaid
  managed care program.
         (b)  Not later than December 1, 2022, the Health and Human
  Services Commission shall report its findings to the governor and
  legislature.
         (c)  This section expires September 1, 2023.
         SECTION 18.  Not later than December 1, 2022, the Department
  of Family and Protective Services shall provide the legislature
  with options for conducting:
               (1)  independent administrative reviews of department
  investigations of licensed residential child-care facilities; and
               (2)  independent appeals of determinations from those
  investigations.
         SECTION 19.  (a)  The Department of Family and Protective
  Services shall:
               (1)  study extending permanency care assistance
  benefits to individuals who are not relatives of a foster child and
  who do not have a longstanding and significant relationship with
  the foster child before the child enters foster care; and
               (2)  assess the potential impact and favorable
  permanency outcomes for children who might otherwise remain in
  foster care for long periods or have managing conservatorship of
  the child transferred without any benefits to the caregiver.
         (b)  Not later than December 31, 2022, the Department of
  Family and Protective Services shall submit a report to the
  legislature on the results of the study and assessment conducted
  under this section and recommendations for further action based on
  the study and assessment.
         (c)  This section expires September 1, 2023.
         SECTION 20.  Not later than January 1, 2025, the Department
  of Family and Protective Services shall:
               (1)  transition the family-based safety services
  program to evidenced-based programs under the Family First
  Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123);
               (2)  develop an implementation plan for the transition
  of services; and
               (3)  develop community referrals to existing
  prevention and early intervention programs.
         SECTION 21.  The executive commissioner of the Health and
  Human Services Commission shall adopt minimum standards related to
  continuum-of-care operations, cottage home operations, and
  specialized child-care homes as provided by Section 42.042, Human
  Resources Code, as amended by Chapter 317 (H.B. 7), Acts of the 85th
  Legislature, Regular Session, 2017, as soon as practicable after
  the effective date of this Act but not later than January 1, 2024.
         SECTION 22.  (a)  The Health and Human Services Commission
  and the Department of Family and Protective Services shall jointly
  evaluate the Consolidated Appropriations Act, 2021 (Pub. L.
  116-260), to determine methods for maximizing this state's receipt
  of federal funds to provide foster youth transition planning to
  adulthood and additional services for foster youth and young adults
  in extended foster care.
         (b)  This section takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this section takes effect September 1, 2021.
         SECTION 23.  (a)  As soon as practicable after the effective
  date of this Act but not later than October 15, 2021, the governor
  shall appoint the director of the Office of Community-Based Care
  Transition as required by Section 264.172, Family Code, as added by
  this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the Department of Family and Protective Services shall
  transfer all money, contracts, leases, property, and obligations
  related to the powers and duties of the Office of Community-Based
  Care Transition to that office.
         SECTION 24.  The Office of Community-Based Care Transition,
  the Department of Family and Protective Services, and the Health
  and Human Services Commission are required to implement this Act
  only if the legislature appropriates money specifically for that
  purpose. If the legislature does not appropriate money
  specifically for that purpose, the Office of Community-Based Care
  Transition, the Department of Family and Protective Services, and
  the Health and Human Services Commission may, but are not required
  to, implement this Act using other appropriations available for the
  purpose.
         SECTION 25.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2021.