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A BILL TO BE ENTITLED
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AN ACT
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relating to licensing and oversight of certain facilities and homes |
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providing substitute care for children in the conservatorship of |
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the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Human Resources Code, is amended by |
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adding Section 42.069 to read as follows: |
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Sec. 42.069. REQUIRED AUDIT OF RULES AND STANDARDS. (a) |
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Not later than December 31, 2023, the commission shall engage an |
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independent third party to conduct an audit of the rules, minimum |
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standards, and contract requirements that apply to licensed |
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child-placing agencies, residential child-care facilities, foster |
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homes, kinship care homes, and adoptive homes. The audit shall make |
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recommendations for: |
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(1) simplifying minimum standards to prioritize child |
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safety and reduce barriers to entry for child-placing agencies, |
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residential child-care facilities, foster families, kinship |
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families, and adoptive families; |
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(2) eliminating any standards weighted "low," |
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"medium-low," and "medium" that are not directly related to child |
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safety or in line with model licensing standards recommended by the |
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United States Department of Health and Human Services |
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Administration for Children and Families; |
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(3) easing ongoing licensing, training, and oversight |
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requirements that act as barriers to retaining high-quality foster, |
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kinship, and adoptive homes; |
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(4) updating professional licensing standards to |
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prioritize child safety and reduce barriers to hiring and retaining |
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high-quality child placing agency leadership, administrators, and |
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staff; |
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(5) providing maximum flexibility for the application |
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of standards to ensure that services are responsive to the unique |
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needs of children in care; and |
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(6) defining the role of entities responsible for |
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licensing, investigations, contract oversight, and any other |
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regulatory activities to eliminate duplicative functions between |
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entities and promote transparency and clarity of expectations for |
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all child-placing agencies, residential child-care facilities, |
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foster families, kinship families, and adoptive families. |
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(b) The audit shall also include a review of any standards |
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or oversight requirements contained in Texas statute for relevance, |
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best practice, and compliance with federal guidelines and make |
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recommendations to the Legislature on any statutes that should be |
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repealed, put into rule, or remain in code. |
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(c) The audit required by this Section shall be completed |
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not later than the earlier of December 31, 2024 or the date the |
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commission conducts the next review required by Section 42.042(b). |
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(d) The audit and recommendations shall be posted on the |
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commission's public internet website and be delivered to the |
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executive commissioner of the Health and Human Services Commission, |
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the commissioner of the Department of Family and Protective |
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Services, the Governor, the Lieutenant Governor, the Speaker of the |
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House, and the Chairs of the House Human Services and Senate Health |
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and Human Services Committees. |
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(e) Within 90 days of receipt of the audit and |
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recommendations required by this section, the executive |
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commissioner of the Health and Human Services Commission and the |
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commissioner of the Department of Family and Protective Services |
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shall jointly deliver an implementation plan to the Governor, |
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Lieutenant Governor, Speaker of the House, and the Chairs of the |
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House Human Services and Senate Health and Human Services |
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Committees. The implementation plan shall include a detailed |
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justification for any recommendations the department and |
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commission decline to implement. |
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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. |