88R20165 BDP-F
 
  By: Frank, Rose, Noble H.B. No. 1517
 
  Substitute the following for H.B. No. 1517:
 
  By:  Rose C.S.H.B. No. 1517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an independent assessment of the Health and Human
  Services Commission's rules, minimum standards, and contract
  requirements that apply to certain residential child-care
  providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 42, Human Resources Code,
  is amended by adding Section 42.027 to read as follows:
         Sec. 42.027.  INDEPENDENT ASSESSMENT. (a) Not later than
  March 31, 2024, the commission shall contract with an independent
  entity that has demonstrated expertise in evaluating state child
  welfare systems and conducting statistical and operational
  analysis to conduct an assessment of:
               (1)  the commission's rules, minimum standards, and
  contract requirements that apply to child-placing agencies,
  residential child-care facilities, relative caregivers, and
  adoptive homes; and
               (2)  the standards or oversight requirements
  prescribed by law to determine:
                     (A)  the relevance of the standard or oversight
  requirement;
                     (B)  whether the standard or oversight
  requirement complies with federal laws, rules, or guidelines; and
                     (C)  whether the standard or oversight
  requirement is the best practice.
         (b)  Not later than September 30, 2024, or the date of the
  next comprehensive review required under Section 42.042(b),
  whichever occurs first, the independent entity shall complete the
  assessment and submit to the commission and the department a report
  that includes the findings of the assessment and recommendations
  for:
               (1)  simplifying the commission's minimum standards for
  the purposes of:
                     (A)  prioritizing the health, safety, and
  well-being of children residing in a residential child-care
  facility or the home of a relative caregiver or an adoptive parent;
  and
                     (B)  reducing any barriers to opening a
  child-placing agency or a residential child-care facility or
  becoming a relative caregiver or an adoptive parent;
               (2)  adjusting the commission's system for assigning
  weights to minimum standards to ensure that the system is
  methodical, consistent, and reflective of a strategic model for
  increasing the focus on the health, safety, and well-being of
  children residing in a residential child-care facility or the home
  of a relative caregiver or an adoptive parent, including an
  explanation of the recommended adjustments;
               (3)  taking into consideration the model licensing
  standards recommended by the Administration for Children and
  Families of the United States Department of Health and Human
  Services, eliminating any minimum standards that are weighted as
  low, medium-low, or medium by the commission and are not directly
  related to child safety;
               (4)  addressing any licensing, training, or oversight
  requirements that are barriers to retaining high-quality
  residential child-care facilities, relative caregivers, or
  adoptive parents;
               (5)  updating licensing standards for the purposes of:
                     (A)  prioritizing the health, safety, and
  well-being of children residing in a residential child-care
  facility or the home of a relative caregiver or an adoptive parent;
  and
                     (B)  reducing any barriers to the hiring and
  retention of high-quality leadership, administrators, and staff at
  child-placing agencies and residential child-care facilities;
               (6)  providing flexibility in applying standards to
  ensure that services are provided in response to the needs of each
  individual child residing in a residential child-care facility or
  the home of a relative caregiver or an adoptive parent;
               (7)  defining the commission's role in licensing,
  investigating, contract oversight, and any other regulatory
  activity to eliminate duplicate functions among divisions within
  the commission; and
               (8)  promoting transparency and clarity of the
  commission's expectations for child-placing agencies, residential
  child-care facilities, relative caregivers, and adoptive parents.
         (c)  The independent entity conducting the assessment under
  this section shall make any recommendations for legislative action
  necessary to implement the entity's recommendations described by
  Subsection (b).
         (d)  In conducting the assessment, the independent entity
  shall solicit and consider the input of relevant stakeholders,
  including those affected by the commission's rules, minimum
  standards, and contract requirements that apply to child-placing
  agencies, residential child-care facilities, relative caregivers,
  or adoptive parents.
         (e)  The commission shall publish the independent entity's
  report on the commission's Internet website and submit a copy of the
  report to the governor, the lieutenant governor, the speaker of the
  house of representatives, and the standing committee of each house
  of the legislature with primary jurisdiction over the commission.
         (f)  Not later than the 90th day after the date the
  commission receives the independent entity's report, the
  commission, in collaboration with the department, shall submit to
  the governor, the lieutenant governor, the speaker of the house of
  representatives, and the standing committee of each house of the
  legislature with primary jurisdiction over the commission a report
  that includes a description of:
               (1)  the commission's and department's plan to
  implement the independent entity's assessment recommendations; and
               (2)  any recommendation the commission or department
  decides not to implement and a written justification for not
  implementing the recommendation.
         (g)  This section expires September 1, 2025.
         SECTION 2.  This Act takes effect immediately if it 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
  Act takes effect September 1, 2023.