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A BILL TO BE ENTITLED
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AN ACT
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relating to an independent assessment of the Health and Human |
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Services Commission's rules, minimum standards, and contract |
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requirements that apply to certain residential child-care |
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providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.027 to read as follows: |
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Sec. 42.027. INDEPENDENT ASSESSMENT. (a) Not later than |
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March 31, 2024, the commission shall contract with an independent |
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entity that has demonstrated expertise in evaluating state child |
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welfare systems and conducting statistical and operational |
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analysis to conduct an assessment of: |
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(1) the commission's rules, minimum standards, and |
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contract requirements that apply to child-placing agencies, |
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residential child-care facilities, relative caregivers, and |
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adoptive homes; and |
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(2) the standards or oversight requirements |
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prescribed by law to determine: |
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(A) the relevance of the standard or oversight |
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requirement; |
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(B) whether the standard or oversight |
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requirement complies with federal laws, rules, or guidelines; and |
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(C) whether the standard or oversight |
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requirement is the best practice. |
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(b) Not later than September 30, 2024, or the date of the |
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next comprehensive review required under Section 42.042(b), |
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whichever occurs first, the independent entity shall complete the |
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assessment and submit to the commission and the department a report |
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that includes the findings of the assessment and recommendations |
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for: |
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(1) simplifying the commission's minimum standards for |
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the purposes of: |
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(A) prioritizing the health, safety, and |
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well-being of children residing in a residential child-care |
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facility or the home of a relative caregiver or an adoptive parent; |
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and |
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(B) reducing any barriers to opening a |
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child-placing agency or a residential child-care facility or |
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becoming a relative caregiver or an adoptive parent; |
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(2) adjusting the commission's system for assigning |
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weights to minimum standards to ensure that the system is |
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methodical, consistent, and reflective of a strategic model for |
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increasing the focus on the health, safety, and well-being of |
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children residing in a residential child-care facility or the home |
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of a relative caregiver or an adoptive parent, including an |
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explanation of the recommended adjustments; |
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(3) taking into consideration the model licensing |
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standards recommended by the Administration for Children and |
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Families of the United States Department of Health and Human |
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Services, eliminating any minimum standards that are weighted as |
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low, medium-low, or medium by the commission and are not directly |
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related to child safety; |
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(4) addressing any licensing, training, or oversight |
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requirements that are barriers to retaining high-quality |
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residential child-care facilities, relative caregivers, or |
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adoptive parents; |
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(5) updating licensing standards for the purposes of: |
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(A) prioritizing the health, safety, and |
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well-being of children residing in a residential child-care |
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facility or the home of a relative caregiver or an adoptive parent; |
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and |
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(B) reducing any barriers to the hiring and |
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retention of high-quality leadership, administrators, and staff at |
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child-placing agencies and residential child-care facilities; |
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(6) providing flexibility in applying standards to |
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ensure that services are provided in response to the needs of each |
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individual child residing in a residential child-care facility or |
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the home of a relative caregiver or an adoptive parent; |
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(7) defining the commission's role in licensing, |
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investigating, contract oversight, and any other regulatory |
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activity to eliminate duplicate functions among divisions within |
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the commission; and |
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(8) promoting transparency and clarity of the |
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commission's expectations for child-placing agencies, residential |
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child-care facilities, relative caregivers, and adoptive parents. |
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(c) The independent entity conducting the assessment under |
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this section shall make any recommendations for legislative action |
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necessary to implement the entity's recommendations described by |
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Subsection (b). |
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(d) In conducting the assessment, the independent entity |
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shall solicit and consider the input of relevant stakeholders, |
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including those affected by the commission's rules, minimum |
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standards, and contract requirements that apply to child-placing |
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agencies, residential child-care facilities, relative caregivers, |
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or adoptive parents. |
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(e) The commission shall publish the independent entity's |
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report on the commission's Internet website and submit a copy of the |
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report to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the standing committee of each house |
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of the legislature with primary jurisdiction over the commission. |
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(f) Not later than the 90th day after the date the |
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commission receives the independent entity's report, the |
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commission, in collaboration with the department, shall submit to |
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the governor, the lieutenant governor, the speaker of the house of |
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representatives, and the standing committee of each house of the |
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legislature with primary jurisdiction over the commission a report |
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that includes a description of: |
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(1) the commission's and department's plan to |
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implement the independent entity's assessment recommendations; and |
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(2) any recommendation the commission or department |
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decides not to implement and a written justification for not |
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implementing the recommendation. |
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(g) This section expires September 1, 2025. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |