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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Health and Human Services |
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Commission and the transfer to the commission of certain powers and |
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duties from 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 265, Family Code, is transferred to |
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Title 9, Human Resources Code, redesignated as Chapter 137, Human |
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Resources Code, and amended to read as follows: |
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CHAPTER 137 [265]. FAMILY SUPPORT [PREVENTION AND EARLY |
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INTERVENTION] SERVICES |
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SUBCHAPTER A. FAMILY SUPPORT [PREVENTION AND EARLY INTERVENTION] |
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SERVICES |
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Sec. 137.001 [265.001]. DEFINITIONS. In this chapter: |
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(1) "At-risk family" means a family with at least one |
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child and at least one of the following: |
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(A) a child in the family has been the subject of |
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an investigation of abuse, neglect, or exploitation by the |
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Department of Family and Protective Services; |
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(B) the family is experiencing conditions that |
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increase the likelihood of involvement with the child welfare |
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system, the criminal justice system, or the juvenile justice |
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system; or |
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(C) the family is experiencing other conditions |
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that threaten the self-sufficiency or stability of the family |
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["Department" means the Department of Family and Protective |
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Services]. |
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(2) "Commission" means the Health and Human Services |
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Commission ["Division" means the prevention and early intervention |
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services division within the department]. |
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(3) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(4) "Family support ["Prevention and early |
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intervention] services" means programs intended to provide [early] |
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intervention and promote safety and stability for children and |
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at-risk families [or prevent at-risk behaviors that lead to child |
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abuse, delinquency, running away, truancy, and dropping out of |
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school]. |
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Sec. 137.002 [265.002]. FAMILY SUPPORT [PREVENTION AND |
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EARLY INTERVENTION] SERVICES [DIVISION]. (a) The commission |
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[department] shall: |
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(1) administer contracts [operate a division] to |
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provide family support services to [for] children and [in] at-risk |
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[situations and for the] families; |
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(2) [of those children and to achieve the |
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consolidation of prevention and early intervention services within |
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the jurisdiction of a single agency in order to avoid fragmentation |
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and duplication of services and to increase the accountability for |
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the delivery and administration of these services. The division |
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shall be called the prevention and early intervention services |
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division and shall have the following duties: |
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[(1) to] plan, develop, and administer an integrated |
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continuum of care system of programs providing family support |
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services to at-risk families [a comprehensive and unified delivery |
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system of prevention and early intervention services to children |
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and their families in at-risk situations]; |
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(3) administer the referral, coordination, and |
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collaboration of family support services under this chapter with |
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similar, existing programs the commission operates; |
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(4) [(2) to] improve the responsiveness of family |
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support services provided to [for at-risk] children and at-risk |
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[their] families by facilitating greater coordination and |
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flexibility in the use of funds by state and local service |
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providers; |
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(5) [(3) to] provide greater accountability for |
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family support [prevention and early intervention] services in |
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order to demonstrate the impact or public benefit of a program by |
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adopting outcome measures; and |
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(6) [(4) to] assist local communities in the |
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coordination and development of family support [prevention and |
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early intervention] services in order to maximize federal, state, |
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and local resources. |
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(b) Family support services under this chapter are intended |
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to: |
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(1) promote healthy outcomes and strengthen support |
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systems for children and at-risk families; |
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(2) assist at-risk families in achieving |
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self-sufficiency and stability; |
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(3) promote workforce participation; and |
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(4) prevent or reduce at-risk behaviors in children |
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and at-risk families, including behaviors that may lead to: |
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(A) child abuse or neglect; |
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(B) delinquency, running away, truancy, dropping |
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out of school, or substance abuse; or |
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(C) involvement with the child welfare system, |
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the juvenile justice system, or the criminal justice system [The |
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department's prevention and early intervention services division |
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must be organizationally separate from the department's divisions |
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performing child protective services and adult protective services |
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functions]. |
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Sec. 137.003 [265.003]. COORDINATION [CONSOLIDATION] OF |
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PROGRAMS. [(a)] In order to implement the duties provided in |
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Section 137.002 [265.002], the commission [department] shall |
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identify and coordinate with other [consolidate into the division] |
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programs the commission operates with the goal of providing family |
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support services [early intervention or prevention of at-risk |
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behavior that leads to child abuse, delinquency, running away, |
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truancy, and dropping out of school]. |
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[(b) The division may provide additional prevention and |
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early intervention services in accordance with Section 265.002. |
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[Sec. 265.004. USE OF EVIDENCE-BASED PROGRAMS FOR AT-RISK |
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FAMILIES. (a) To the extent that money is appropriated for the |
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purpose, the department shall fund evidence-based programs, |
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including parenting education, home visitation, family support |
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services, mentoring, positive youth development programs, and |
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crisis counseling, offered by community-based organizations that |
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are designed to prevent or ameliorate child abuse and neglect. The |
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programs funded under this subsection may be offered by a child |
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welfare board established under Section 264.005, a local |
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governmental board granted the powers and duties of a child welfare |
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board under state law, a children's advocacy center established |
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under Section 264.402, or other persons determined appropriate by |
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the department. |
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[(a-1) The department shall ensure that not less than 75 |
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percent of the money appropriated for parenting education programs |
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under Subsection (a) funds evidence-based programs or practices |
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described by Section 265.151(b) and that the remainder of that |
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money funds promising programs or practices described by Section |
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265.151(c) or evidence-informed programs or practices described by |
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Section 265.151(d). |
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[(a-2) The department shall actively seek and apply for any |
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available federal funds to support parenting education programs |
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provided under this section. |
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[(b) The department shall place priority on programs that |
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target children whose race or ethnicity is disproportionately |
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represented in the child protective services system. |
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[(c) The department shall periodically evaluate the |
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evidence-based abuse and neglect prevention programs to determine |
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the continued effectiveness of the programs. |
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[Sec. 265.0041. COLLABORATION WITH INSTITUTIONS OF HIGHER |
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EDUCATION. (a) Subject to the availability of funds, the Health |
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and Human Services Commission, on behalf of the department, shall |
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enter into agreements with institutions of higher education to |
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conduct efficacy reviews of any prevention and early intervention |
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programs that have not previously been evaluated for effectiveness |
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through a scientific research evaluation process. |
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[(b) Subject to the availability of funds, the department |
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shall collaborate with an institution of higher education to create |
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and track indicators of child well-being to determine the |
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effectiveness of prevention and early intervention services.] |
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Sec. 137.004 [265.005]. STRATEGIC PLAN. (a) The |
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commission [department] shall develop and implement a five-year |
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strategic plan for family support [prevention and early |
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intervention] services. Not later than September 1 of the last |
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fiscal year in each five-year period, the commission [department] |
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shall issue a new strategic plan for the next five fiscal years |
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beginning with the following fiscal year. |
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(b) A strategic plan required under this section must: |
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(1) identify methods to leverage other sources of |
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funding or provide support for existing community-based |
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[prevention] efforts to provide family support services; |
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(2) include a needs assessment that identifies |
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programs to best target family support services to the needs of |
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underserved [the highest risk] populations and geographic areas; |
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(3) identify [the goals and] priorities and specific |
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commission actions to coordinate and provide family support |
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services to children and at-risk families [for the department's |
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overall prevention efforts]; |
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(4) identify and report on specific outcome |
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measurements by obtaining and reporting de-identified aggregate |
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data, as permitted by other law, on the number of program |
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participants who are: |
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(A) involved in the child welfare system, the |
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juvenile justice system, or the criminal justice system; |
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(B) recipients of other services the commission |
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offers; or |
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(C) listed in the central registry of the names |
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of individuals found to have abused or neglected a child maintained |
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under Section 261.002, Family Code [report the results of previous |
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prevention efforts using available information in the plan]; |
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(5) identify additional methods of measuring program |
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effectiveness and results or outcomes; |
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(6) identify methods to collaborate with other state |
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agencies on [prevention] efforts to provide family support |
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services; |
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(7) identify specific strategies to implement the plan |
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and to develop measures for reporting on the overall progress |
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toward the plan's goals; |
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(8) [identify strategies and goals for increasing the |
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number of families receiving prevention and early intervention |
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services each year, subject to the availability of funds, to reach |
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targets set by the department for providing services to families |
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that are eligible to receive services through parental education, |
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family support, and community-based programs financed with |
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federal, state, local, or private resources; and |
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[(9)] identify specific strategies to increase local |
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capacity for the delivery of family support [prevention and early |
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intervention] services through collaboration with communities and |
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stakeholders; and |
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(9) address methods for coordinating with other |
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commission programs under Section 137.003. |
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(c) The commission [department] shall coordinate with |
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interested parties and communities in developing the strategic plan |
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under this section. |
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(d) The commission [department] shall annually review and |
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appropriately update the strategic plan developed under this |
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section. |
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(e) The commission [department] shall post the strategic |
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plan developed under this section and any update to the plan on its |
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Internet website. |
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[Sec. 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO. |
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The department may not allow the use of the department's name or |
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identifying logo or insignia on forms or other materials related to |
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the department's prevention and early intervention services that |
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are: |
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[(1) provided by the department's contractors; or |
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[(2) distributed by the department's contractors to |
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the department's clients. |
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[Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY |
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INTERVENTION SERVICES. (a) To improve the effectiveness and |
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delivery of prevention and early intervention services, the |
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department shall: |
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[(1) identify geographic areas that have a high need |
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for prevention and early intervention services but do not have |
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prevention and early intervention services available in the area or |
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have only unevaluated prevention and early intervention services |
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available in the area; and |
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[(2) develop strategies for community partners to: |
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[(A) improve the early recognition of child abuse |
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or neglect; |
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[(B) improve the reporting of child abuse and |
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neglect; and |
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[(C) reduce child fatalities. |
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[(b) The department may not use data gathered under this |
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section to identify a specific family or individual. |
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[Sec. 265.008. EVALUATION OF PREVENTION AND EARLY |
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INTERVENTION SERVICES. (a) The department may enter into |
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agreements with institutions of higher education to conduct |
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efficacy reviews of any prevention and early intervention services |
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provided under this chapter that have not previously been evaluated |
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for effectiveness in a research evaluation. The efficacy review |
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shall include, when possible, a cost-benefit analysis of the |
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program to the state and, when applicable, the return on investment |
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of the program to the state. |
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[(b) The department may not enter into an agreement to |
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conduct a program efficacy evaluation under this section unless: |
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[(1) the agreement with the institution of higher |
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education is cost neutral; and |
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[(2) the department and institution of higher |
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education conducting the evaluation under this section protect the |
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identity of individuals who are receiving services from the |
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department that are being evaluated.] |
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SUBCHAPTER B. FAMILY SUPPORT SERVICES PROGRAMS FOR CHILD ABUSE AND |
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NEGLECT [PRIMARY] PREVENTION [PROGRAMS] |
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Sec. 137.051 [265.051]. DEFINITIONS. In this subchapter: |
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(1) "Child abuse and neglect prevention" means family |
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support services designed to prevent child abuse and neglect before |
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the abuse or neglect occurs. The term includes child fatality |
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prevention education programs and other activities directed at the |
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general public to stop child abuse and neglect. |
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(2) "Children's trust fund" means a child abuse and |
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neglect [primary] prevention program. |
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[(2) "Primary prevention" means services and |
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activities available to the community at large or to families to |
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prevent child abuse and neglect before it occurs. The term includes |
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infant mortality prevention education programs.] |
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(3) "Operating fund" means the commission's |
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[Department of Family and Protective Services] child abuse and |
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neglect prevention operating fund account. |
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(4) "State agency" means a board, commission, |
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department, office, or other state agency that: |
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(A) is in the executive branch of the state |
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government; |
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(B) was created by the constitution or a statute |
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of this state; and |
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(C) has statewide jurisdiction. |
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(5) "Trust fund" means the commission's child abuse |
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and neglect prevention trust fund account. |
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Sec. 137.052 [265.052]. CHILD ABUSE AND NEGLECT [PRIMARY] |
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PREVENTION PROGRAMS. (a) The commission [department] shall |
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operate the children's trust fund to: |
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(1) set policy, offer resources for community |
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[primary] prevention programs, and provide information and |
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education on family support services and prevention of child abuse |
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and neglect; |
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(2) develop a state plan for expending funds for child |
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abuse and neglect [primary] prevention programs that includes an |
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annual schedule of transfers of trust fund money to the operating |
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fund; |
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(3) develop eligibility criteria for applicants |
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requesting funding for child abuse and neglect [primary] prevention |
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programs; and |
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(4) establish funding priorities for child abuse and |
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neglect [primary] prevention programs. |
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(b) The children's trust fund shall accommodate the |
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commission's [department's] existing rules and policies in |
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procuring, awarding, and monitoring contracts and grants. |
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(c) The commission [department] may: |
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(1) apply for and receive funds made available by the |
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federal government or another public or private source for |
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administering programs under this subchapter and for funding for |
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child abuse and neglect [primary] prevention programs; and |
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(2) solicit donations for child abuse and neglect |
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[primary] prevention programs. |
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Sec. 137.053 [265.053]. ADMINISTRATIVE AND OTHER COSTS. |
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(a) Administrative costs under this subchapter during any fiscal |
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year may not exceed an amount equal to 50 percent of the interest |
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credited to the trust fund during the preceding fiscal year. |
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(b) Funds expended under a special project grant from a |
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governmental source or a nongovernmental source for public |
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education or public awareness may not be counted as administrative |
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costs for the purposes of this section. |
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Sec. 137.054 [265.054]. CHILD ABUSE AND NEGLECT PREVENTION |
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TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention |
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trust fund account is an account in the general revenue fund. Money |
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in the trust fund is dedicated to child abuse and neglect [primary] |
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prevention programs and family support services programs. |
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(b) The commission [department] may transfer money |
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contained in the trust fund to the operating fund at any time. |
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However, during a fiscal year the commission [department] may not |
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transfer more than the amount appropriated for the operating fund |
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for that fiscal year. Money transferred to the operating fund that |
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was originally deposited to the credit of the trust fund under |
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Section 118.022, Local Government Code, may be used only for child |
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abuse and neglect [primary] prevention programs. |
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(c) Interest earned on the trust fund shall be credited to |
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the trust fund. |
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(d) The trust fund is exempt from the application of Section |
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403.095, Government Code. |
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(e) All marriage license fees and other fees collected for |
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and deposited in the trust fund and interest earned on the trust |
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fund balance shall be appropriated each biennium only to the |
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operating fund for child abuse and neglect [primary] prevention |
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programs and family support services programs. |
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Sec. 137.055 [265.055]. COMMISSION [DEPARTMENT] OPERATING |
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FUND ACCOUNT. (a) The operating fund is an account in the general |
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revenue fund. |
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(b) Administrative and other costs allowed in Section |
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137.053 [265.053] shall be taken from the operating fund. The |
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commission [department] may transfer funds contained in the |
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operating fund to the trust fund at any time. |
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(c) The legislature may appropriate the money in the |
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operating fund to carry out the provisions of this subchapter. |
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(d) The operating fund is exempt from the application of |
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Section 403.095, Government Code. |
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[Sec. 265.056. CONTRIBUTIONS. (a) The department may |
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solicit contributions from any appropriate source. |
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[(b) Any other contributions for child abuse and neglect |
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primary prevention or other prevention and early intervention |
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programs shall be deposited into a separate designated fund in the |
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state treasury and shall be used for that designated purpose. |
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[(c) A person may contribute funds to either the trust fund, |
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the operating fund, or a fund designated by the department for a |
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specific child abuse and neglect primary prevention or other |
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prevention or early intervention purpose. |
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[(d) If a person designates that a contribution is intended |
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as a donation to a specific fund, the contribution shall be |
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deposited in the designated fund.] |
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Sec. 137.056 [265.057]. COMMUNITY YOUTH DEVELOPMENT |
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GRANTS. (a) Subject to available funding, the commission |
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[department] shall award community youth development grants to |
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communities identified by incidence of crime. The commission |
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[department] shall give priority in awarding grants under this |
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section to areas of the state in which there is a high incidence of |
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juvenile crime. |
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(b) The purpose of a grant under this section is to assist a |
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community in alleviating conditions in the family and community |
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that lead to juvenile crime. |
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SUBCHAPTER C. NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM |
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Sec. 137.101 [265.101]. DEFINITIONS. In this subchapter: |
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(1) "Competitive grant program" means the |
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nurse-family partnership competitive grant program established |
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under this subchapter. |
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(2) "Partnership program" means a nurse-family |
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partnership program. |
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Sec. 137.102 [265.102]. OPERATION OF NURSE-FAMILY |
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PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The commission |
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[department] shall operate a nurse-family partnership competitive |
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grant program for [through which] the commission to [department |
|
will] award grants for the implementation of nurse-family |
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partnership programs, or the expansion of existing programs, and |
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for the operation of those programs for a period of not less than |
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two years. |
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(b) The commission [department] shall award grants under |
|
the program to applicants, including applicants operating existing |
|
programs, in a manner that ensures that the partnership programs |
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collectively[: |
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[(1)] operate in multiple communities that are |
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geographically distributed throughout this state[; and |
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[(2) provide program services to approximately 2,000 |
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families]. |
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Sec. 137.103 [265.103]. PARTNERSHIP PROGRAM REQUIREMENTS. |
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A partnership program funded through a grant awarded under this |
|
subchapter must: |
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(1) strictly adhere to the program model developed by |
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the Nurse-Family Partnership National Service Office, including |
|
any clinical, programmatic, and data collection requirements of |
|
that model; |
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(2) require that registered nurses regularly visit the |
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homes of low-income, first-time mothers participating in the |
|
program to provide services designed to: |
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(A) improve pregnancy outcomes; |
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(B) improve child health and development; |
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(C) improve family economic self-sufficiency and |
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stability; [and] |
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(D) reduce the incidence of child abuse and |
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neglect; |
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(E) increase workforce participation; and |
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(F) reduce reliance on state and federal public |
|
assistance programs; |
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(3) require that nurses who provide services through |
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the program: |
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(A) receive training from the office of the |
|
attorney general at least once each year on procedures by which a |
|
person may voluntarily acknowledge the paternity of a child and on |
|
the availability of child support services from the office; |
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(B) provide a mother with information about the |
|
rights, responsibilities, and benefits of establishing the |
|
paternity of her child, if appropriate; |
|
(C) provide assistance to a mother and the |
|
alleged father of her child if the mother and alleged father seek to |
|
voluntarily acknowledge paternity of the child, if appropriate; and |
|
(D) provide information to a mother about the |
|
availability of child support services from the office of the |
|
attorney general; and |
|
(4) require that the regular nurse visits described by |
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Subdivision (2) begin not later than a mother's 28th week of |
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gestation and end when her child reaches two years of age. |
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Sec. 137.104 [265.104]. APPLICATION. (a) A public or |
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private entity, including a county, municipality, or other |
|
political subdivision of this state, may apply for a grant under |
|
this subchapter. |
|
(b) To apply for a grant, an applicant must submit a written |
|
application to the commission [department] on a form prescribed by |
|
the commission [department] in consultation with the Nurse-Family |
|
Partnership National Service Office. |
|
(c) The application [prescribed by the department] must: |
|
(1) require the applicant to provide data on the |
|
number of low-income, first-time mothers residing in the community |
|
in which the applicant proposes to operate or expand a partnership |
|
program and provide a description of existing services available to |
|
those mothers; |
|
(2) describe the ongoing monitoring and evaluation |
|
process to which a grant recipient is subject under Section 137.107 |
|
[265.109], including the recipient's obligation to collect and |
|
provide information requested by the commission [department] under |
|
Section 137.107(c) [265.109(c)]; and |
|
(3) require the applicant to provide other relevant |
|
information as determined by the commission [department]. |
|
[Sec. 265.105. ADDITIONAL CONSIDERATIONS IN AWARDING |
|
GRANTS. In addition to the factors described by Sections |
|
265.102(b) and 265.103, in determining whether to award a grant to |
|
an applicant under this subchapter, the department shall consider: |
|
[(1) the demonstrated need for a partnership program |
|
in the community in which the applicant proposes to operate or |
|
expand the program, which may be determined by considering: |
|
[(A) the poverty rate, the crime rate, the number |
|
of births to Medicaid recipients, the rate of poor birth outcomes, |
|
and the incidence of child abuse and neglect during a prescribed |
|
period in the community; and |
|
[(B) the need to enhance school readiness in the |
|
community; |
|
[(2) the applicant's ability to participate in ongoing |
|
monitoring and performance evaluations under Section 265.109, |
|
including the applicant's ability to collect and provide |
|
information requested by the department under Section 265.109(c); |
|
[(3) the applicant's ability to adhere to the |
|
partnership program standards adopted under Section 265.106; |
|
[(4) the applicant's ability to develop broad-based |
|
community support for implementing or expanding a partnership |
|
program, as applicable; and |
|
[(5) the applicant's history of developing and |
|
sustaining innovative, high-quality programs that meet the needs of |
|
families and communities.] |
|
Sec. 137.105 [265.106]. PARTNERSHIP PROGRAM STANDARDS. |
|
The executive commissioner[, with the assistance of the |
|
Nurse-Family Partnership National Service Office,] shall adopt |
|
standards for the partnership programs funded under this |
|
subchapter. The standards must be consistent with [adhere to] the |
|
Nurse-Family Partnership National Service Office program model |
|
standards and guidelines that were developed in multiple, |
|
randomized clinical trials and have been tested and replicated in |
|
multiple communities. |
|
Sec. 137.106 [265.107]. USE OF AWARDED GRANT FUNDS. The |
|
grant funds awarded under this subchapter may be used only to cover |
|
costs related to implementing or expanding and operating a |
|
partnership program, including costs related to: |
|
(1) administering the program; |
|
(2) training and managing registered nurses who |
|
participate in the program; |
|
(3) paying the salaries and expenses of registered |
|
nurses who participate in the program; |
|
(4) paying for facilities and equipment for the |
|
program; and |
|
(5) paying for services provided by the Nurse-Family |
|
Partnership National Service Office to ensure a grant recipient |
|
adheres to the organization's program model. |
|
[Sec. 265.108. STATE NURSE CONSULTANT. Using money |
|
appropriated for the competitive grant program, the department |
|
shall hire or contract with a state nurse consultant to assist grant |
|
recipients with implementing or expanding and operating the |
|
partnership programs in the applicable communities.] |
|
Sec. 137.107 [265.109]. PROGRAM MONITORING AND EVALUATION; |
|
ANNUAL COMMITTEE REPORTS. (a) The commission [department, with |
|
the assistance of the Nurse-Family Partnership National Service |
|
Office,] shall: |
|
(1) adopt performance indicators that are designed to |
|
measure a grant recipient's performance with respect to the |
|
partnership program standards adopted by the executive |
|
commissioner under Section 137.105 [265.106]; |
|
(2) use the performance indicators to continuously |
|
monitor and formally evaluate on an annual basis the performance of |
|
each grant recipient; and |
|
(3) prepare and submit an annual report, not later |
|
than December 1 of each year, to the Senate Health and Human |
|
Services Committee, or its successor, and the House Human Services |
|
Committee, or its successor, regarding the performance of each |
|
grant recipient during the preceding state fiscal year with respect |
|
to providing partnership program services. |
|
(b) The report required under Subsection (a)(3) must |
|
include: |
|
(1) the number of: |
|
(A) low-income, first-time mothers to whom each |
|
grant recipient provided partnership program services and, of that |
|
number, the number of mothers who established the paternity of an |
|
alleged father as a result of services provided under the program; |
|
(B) mothers who married the father or reside in |
|
the same household with the father; |
|
(C) mothers who have previous involvement with |
|
the child welfare system, the criminal justice system, or the |
|
juvenile justice system; and |
|
(D) mothers who receive other services from the |
|
commission; |
|
(2) the extent to which each grant recipient made |
|
regular visits to mothers during the period described by Section |
|
137.103(4) [265.103(4)]; and |
|
(3) the extent to which each grant recipient adhered |
|
to the Nurse-Family Partnership National Service Office's program |
|
model, including the extent to which registered nurses: |
|
(A) conducted home visitations comparable in |
|
frequency, duration, and content to those delivered in Nurse-Family |
|
Partnership National Service Office clinical trials; and |
|
(B) assessed the health and well-being of mothers |
|
and children participating in the partnership programs in |
|
accordance with indicators of maternal, child, and family health |
|
defined by the [department in consultation with the] Nurse-Family |
|
Partnership National Service Office and required by the commission. |
|
(c) On request, each grant recipient shall timely collect |
|
and provide data and any other information required by the |
|
commission [department] to monitor and evaluate the recipient or to |
|
prepare the report required by this section. |
|
Sec. 137.108 [265.110]. COMPETITIVE GRANT PROGRAM FUNDING. |
|
(a) The commission [department] shall actively seek and apply for |
|
any available federal funds, including federal Medicaid and |
|
Temporary Assistance for Needy Families (TANF) funds, to assist in |
|
financing the competitive grant program established under this |
|
subchapter. |
|
(b) The commission [department] may use appropriated funds |
|
from the state government and may accept gifts, donations, and |
|
grants of money from the federal government, local governments, |
|
private corporations, or other persons to assist in financing the |
|
competitive grant program. |
|
SUBCHAPTER D. EVIDENCE-BASED PROGRAMS AND PRACTICES |
|
Sec. 137.151 [265.151]. REQUIREMENTS FOR PROGRAMS AND |
|
PRACTICES ON EVIDENCE-BASED SPECTRUM. (a) [(b)] An evidence-based |
|
program or practice is a program or practice that: |
|
(1) is research-based and grounded in relevant, |
|
empirical knowledge and program-determined outcomes; |
|
(2) has comprehensive standards ensuring the highest |
|
quality service delivery with continuous improvement in the quality |
|
of service delivery; |
|
(3) has demonstrated significant positive outcomes; |
|
(4) has been evaluated by at least one rigorous, |
|
random, controlled research trial across heterogeneous populations |
|
or communities with research results that have been published in a |
|
peer-reviewed journal; |
|
(5) substantially complies with a program or practice |
|
manual or design that specifies the purpose, outcomes, duration, |
|
and frequency of the program or practice services; |
|
(6) employs well-trained and competent staff and |
|
provides continual relevant professional development opportunities |
|
to the staff; and |
|
(7) is associated with an organization in this state, |
|
a national organization, an institution of higher education, or a |
|
national or state public health institute. |
|
(b) [(c)] A promising program or practice is a program or |
|
practice that: |
|
(1) has an active impact evaluation of the program or |
|
practice or demonstrates a schedule for implementing an active |
|
impact evaluation of the program or practice; |
|
(2) has been evaluated by at least one outcome-based |
|
study demonstrating effectiveness or random, controlled trial in a |
|
homogeneous sample; |
|
(3) substantially complies with a program or practice |
|
manual or design that specifies the purpose, outcomes, duration, |
|
and frequency of the program or practice services; |
|
(4) employs well-trained and competent staff and |
|
provides continual relevant professional development opportunities |
|
to the staff; and |
|
(5) is research-based and grounded in relevant, |
|
empirical knowledge and program- or practice-determined outcomes. |
|
(c) [(d)] An evidence-informed program or practice is a |
|
program or practice that: |
|
(1) combines well-researched interventions with |
|
clinical experience and ethics, and client preferences and culture, |
|
to guide and inform the delivery of treatments and services; |
|
(2) has an active impact evaluation of the program or |
|
practice or demonstrates a schedule for implementing an active |
|
impact evaluation of the program or practice; |
|
(3) substantially complies with a program or practice |
|
manual or design that specifies the purpose, outcome, duration, and |
|
frequency of the program or practice services; and |
|
(4) employs well-trained and competent staff and |
|
provides continual relevant professional development opportunities |
|
to the staff. |
|
Sec. 137.152 [265.152]. OUTCOMES OF EVIDENCE-BASED FAMILY |
|
SUPPORT SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND |
|
PRACTICES. The commission [department] shall ensure that a family |
|
support services [prevention and early intervention] program or |
|
practice provided under this subchapter achieves favorable |
|
behavioral outcomes in at least two of the following areas: |
|
(1) improved cognitive development of children; |
|
(2) increased readiness for and participation and |
|
performance in school; |
|
(3) reduced child abuse, neglect, and injury; |
|
(4) improved child safety; |
|
(5) improved social-emotional development of children |
|
and youth; |
|
(6) increased protective factors, including |
|
nurturing, bonding, and other parenting skills; |
|
(7) improved family economic self-sufficiency; |
|
(8) reduced parental or youth involvement with the |
|
criminal justice system; and |
|
(9) increased paternal involvement and support. |
|
Sec. 137.153 [265.153]. EVALUATION OF FAMILY SUPPORT |
|
SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND |
|
PRACTICES. (a) The commission [department] shall adopt outcome |
|
indicators to measure the effectiveness of family support services |
|
[prevention and early intervention] programs and practices |
|
provided under this subchapter in achieving desired outcomes. |
|
(b) The commission [department] may work directly with the |
|
model developer of a family support services [prevention and early |
|
intervention] program or practice to identify appropriate outcome |
|
indicators for the program or practice and to ensure that the |
|
program or practice substantially complies with the model. |
|
(c) The commission [department] shall develop internal |
|
processes to share information with family support services |
|
[prevention and early intervention service] providers to assist the |
|
commission [department] in analyzing the performance of the |
|
programs or practices. |
|
(d) The commission [department] shall use information |
|
obtained under this section to: |
|
(1) monitor family support services [prevention and |
|
early intervention] programs and practices; |
|
(2) continually improve the quality of the programs |
|
and practices; and |
|
(3) evaluate the effectiveness of the programs and |
|
practices. |
|
[Sec. 265.154. REPORTS TO LEGISLATURE. (a) Not later than |
|
December 1 of each even-numbered year, the department shall prepare |
|
and submit a report on state-funded prevention and early |
|
intervention programs and practices to the standing committees of |
|
the senate and house of representatives with jurisdiction over |
|
child protective services. |
|
[(b) A report submitted under this section must include: |
|
[(1) a description of the prevention and early |
|
intervention programs and practices implemented and of the models |
|
associated with the programs and practices; |
|
[(2) information on the families served by the |
|
programs and practices, including the number of families served and |
|
their demographic information; |
|
[(3) the goals and achieved outcomes of the |
|
implemented programs and practices; |
|
[(4) information on the cost for each family served, |
|
including any available third-party return-on-investment analysis; |
|
and |
|
[(5) information explaining the percentage of money |
|
spent on evidence-based programs and practices, on promising |
|
programs and practices, and on evidence-informed programs and |
|
practices.] |
|
Sec. 137.154 [265.155]. RULES. The executive commissioner |
|
[of the department] may adopt rules as necessary to implement this |
|
subchapter. |
|
SECTION 2. Subchapter D, Chapter 264, Family Code, is |
|
transferred to Chapter 137, Human Resources Code, as redesignated |
|
by this Act, redesignated as Subchapter E, Chapter 137, Human |
|
Resources Code, and amended to read as follows: |
|
SUBCHAPTER E [D]. SERVICES FOR [TO] AT-RISK YOUTH |
|
Sec. 137.201 [264.301]. SERVICES FOR AT-RISK YOUTH. (a) |
|
The commission [department] shall operate a program to provide |
|
family support services for children in at-risk situations and for |
|
the families of those children. |
|
(b) The services under this section may include: |
|
(1) crisis family intervention; |
|
(2) emergency short-term residential care; |
|
(3) family counseling; |
|
(4) parenting skills training; |
|
(5) youth coping skills training; |
|
(6) mentoring; and |
|
(7) advocacy training. |
|
Sec. 137.202 [264.302]. EARLY YOUTH INTERVENTION SERVICES. |
|
(a) This section applies to a child who: |
|
(1) is seven years of age or older and under 17 years |
|
of age; and |
|
(2) has not had the disabilities of minority for |
|
general purposes removed under Chapter 31, Family Code. |
|
(b) The commission [department] shall operate a program |
|
under this section to provide family support services for children |
|
in at-risk situations and for the families of those children. |
|
(c) The commission [department] may not provide services |
|
under this section to a child who has: |
|
(1) at any time been referred to juvenile court for |
|
engaging in conduct that violates a penal law of this state of the |
|
grade of felony other than a state jail felony; or |
|
(2) been found to have engaged in delinquent conduct |
|
under Title 3, Family Code. |
|
(d) The commission [department] may provide services under |
|
this section to a child who engages in conduct for which the child |
|
may be found by a court to be an at-risk child, without regard to |
|
whether the conduct violates a penal law of this state of the grade |
|
of felony other than a state jail felony, if the child was younger |
|
than 10 years of age at the time the child engaged in the conduct. |
|
(e) The commission [department] shall provide services for |
|
a child and the child's family if a contract to provide services |
|
under this section is available in the county and the child is |
|
referred to the commission [department] as an at-risk child by: |
|
(1) a juvenile court or probation department as part |
|
of a progressive sanctions program under Chapter 59, Family Code; |
|
(2) a law enforcement officer or agency under Section |
|
52.03, Family Code; or |
|
(3) a justice or municipal court under Article 45.057, |
|
Code of Criminal Procedure. |
|
(f) The services under this section may include: |
|
(1) crisis family intervention; |
|
(2) emergency short-term residential care for |
|
children 10 years of age or older; |
|
(3) family counseling; |
|
(4) parenting skills training; |
|
(5) youth coping skills training; |
|
(6) advocacy training; and |
|
(7) mentoring. |
|
SECTION 3. Chapter 53, Human Resources Code, is transferred |
|
to Chapter 137, Human Resources Code, as redesignated by this Act, |
|
redesignated as Subchapter F, Chapter 137, Human Resources Code, |
|
and amended to read as follows: |
|
SUBCHAPTER F [CHAPTER 53]. PREVENTIVE SERVICES FOR VETERANS AND |
|
MILITARY FAMILIES |
|
Sec. 137.251 [53.001]. DEFINITIONS. In this subchapter, |
|
"veteran" [chapter: |
|
[(1) "Department" means the Department of Family and |
|
Protective Services. |
|
[(2) "Veteran"] means a person who has served in: |
|
(1) [(A)] the army, navy, air force, coast guard, or |
|
marine corps of the United States; |
|
(2) [(B)] the state military forces as defined by |
|
Section 431.001, Government Code; or |
|
(3) [(C)] an auxiliary service of one of those |
|
branches of the armed forces. |
|
Sec. 137.252 [53.002]. VETERANS AND MILITARY FAMILIES |
|
PREVENTIVE SERVICES PROGRAM. (a) The commission [department] |
|
shall develop and implement a preventive services program to serve |
|
veterans and military families who have committed or experienced or |
|
who are at a high risk of: |
|
(1) family violence; or |
|
(2) abuse or neglect. |
|
(b) The program must: |
|
(1) be designed to coordinate with community-based |
|
organizations to provide prevention services; |
|
(2) include a prevention component and an early |
|
intervention component; |
|
(3) include collaboration with services for child |
|
welfare, services for early childhood education, and other child |
|
and family services programs; and |
|
(4) coordinate with the community collaboration |
|
initiative developed under Subchapter I, Chapter 434, Government |
|
Code, and committees formed by local communities as part of that |
|
initiative. |
|
[(c) The program must be established initially as a pilot |
|
program in areas of the state in which the department considers the |
|
implementation practicable. The department shall evaluate the |
|
outcomes of the pilot program and ensure that the program is |
|
producing positive results before implementing the program |
|
throughout the state. |
|
[(d) The department shall evaluate the program and prepare |
|
an annual report on the outcomes of the program. The department |
|
shall publish the report on the department's Internet website.] |
|
SECTION 4. Article 45.057(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) On a finding by a justice or municipal court that a child |
|
committed an offense that the court has jurisdiction of under |
|
Article 4.11 or 4.14, the court has jurisdiction to enter an order: |
|
(1) referring the child or the child's parent for |
|
services under Section 137.202, Human Resources Code [264.302, |
|
Family Code]; |
|
(2) requiring that the child attend a special program |
|
that the court determines to be in the best interest of the child |
|
and, if the program involves the expenditure of municipal or county |
|
funds, that is approved by the governing body of the municipality or |
|
county commissioners court, as applicable, including a |
|
rehabilitation, counseling, self-esteem and leadership, work and |
|
job skills training, job interviewing and work preparation, |
|
self-improvement, parenting, manners, violence avoidance, |
|
tutoring, sensitivity training, parental responsibility, community |
|
service, restitution, advocacy, or mentoring program; or |
|
(3) requiring that the child's parent do any act or |
|
refrain from doing any act that the court determines will increase |
|
the likelihood that the child will comply with the orders of the |
|
court and that is reasonable and necessary for the welfare of the |
|
child, including: |
|
(A) attend a parenting class or parental |
|
responsibility program; and |
|
(B) attend the child's school classes or |
|
functions. |
|
SECTION 5. Section 52.03(c), Family Code, is amended to |
|
read as follows: |
|
(c) A disposition authorized by this section may involve: |
|
(1) referral of the child to an agency other than the |
|
juvenile court; |
|
(2) a brief conference with the child and his parent, |
|
guardian, or custodian; or |
|
(3) referral of the child and the child's parent, |
|
guardian, or custodian for services under Section 137.202, Human |
|
Resources Code [264.302]. |
|
SECTION 6. Section 59.004(a), Family Code, is amended to |
|
read as follows: |
|
(a) For a child at sanction level one, the juvenile court or |
|
probation department may: |
|
(1) require counseling for the child regarding the |
|
child's conduct; |
|
(2) inform the child of the progressive sanctions that |
|
may be imposed on the child if the child continues to engage in |
|
delinquent conduct or conduct indicating a need for supervision; |
|
(3) inform the child's parents or guardians of the |
|
parents' or guardians' responsibility to impose reasonable |
|
restrictions on the child to prevent the conduct from recurring; |
|
(4) provide information or other assistance to the |
|
child or the child's parents or guardians in securing needed social |
|
services; |
|
(5) require the child or the child's parents or |
|
guardians to participate in a program for services under Section |
|
137.202, Human Resources Code [264.302], if a program under Section |
|
137.202 [264.302] is available to the child or the child's parents |
|
or guardians; |
|
(6) refer the child to a community-based citizen |
|
intervention program approved by the juvenile court; |
|
(7) release the child to the child's parents or |
|
guardians; and |
|
(8) require the child to attend and successfully |
|
complete an educational program described by Section 37.218, |
|
Education Code, or another equivalent educational program. |
|
SECTION 7. Section 59.005(a), Family Code, is amended to |
|
read as follows: |
|
(a) For a child at sanction level two, the juvenile court, |
|
the prosecuting attorney, or the probation department may, as |
|
provided by Section 53.03: |
|
(1) place the child on deferred prosecution for not |
|
less than three months or more than six months; |
|
(2) require the child to make restitution to the |
|
victim of the child's conduct or perform community service |
|
restitution appropriate to the nature and degree of harm caused and |
|
according to the child's ability; |
|
(3) require the child's parents or guardians to |
|
identify restrictions the parents or guardians will impose on the |
|
child's activities and requirements the parents or guardians will |
|
set for the child's behavior; |
|
(4) provide the information required under Sections |
|
59.004(a)(2) and (4); |
|
(5) require the child or the child's parents or |
|
guardians to participate in a program for services under Section |
|
137.202, Human Resources Code [264.302], if a program under Section |
|
137.202 [264.302] is available to the child or the child's parents |
|
or guardians; |
|
(6) refer the child to a community-based citizen |
|
intervention program approved by the juvenile court; and |
|
(7) if appropriate, impose additional conditions of |
|
probation. |
|
SECTION 8. Section 261.002, Family Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) The department shall provide the Health and Human |
|
Services Commission with access to the central registry as |
|
necessary for the commission to perform its duties under Section |
|
137.004, Human Resources Code. |
|
SECTION 9. Section 40.0025(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) In accordance with Subchapter A-1, Chapter 531, |
|
Government Code, and notwithstanding any other law, the department |
|
performs only functions, including the statewide intake of reports |
|
and other information, related to the following services: |
|
(1) child protective services, including services |
|
that are required by federal law to be provided by this state's |
|
child welfare agency; |
|
(2) adult protective services, other than |
|
investigations of the alleged abuse, neglect, or exploitation of an |
|
elderly person or person with a disability: |
|
(A) in a facility operated, or in a facility or by |
|
a person licensed, certified, or registered, by a state agency; or |
|
(B) by a provider that has contracted to provide |
|
home and community-based services; and |
|
(3) family support [prevention and early |
|
intervention] services functions, including: |
|
(A) family support [prevention and early |
|
intervention] services as defined under Section 137.001 [265.001, |
|
Family Code]; and |
|
(B) programs that: |
|
(i) provide parent education; |
|
(ii) promote healthier parent-child |
|
relationships; or |
|
(iii) prevent family violence. |
|
SECTION 10. Subtitle B, Title 2, Health and Safety Code, is |
|
amended by adding Chapter 54 to read as follows: |
|
CHAPTER 54. TEXAS PREGNANCY AND PARENTING SUPPORT NETWORK |
|
Sec. 54.001. DEFINITIONS. In this chapter: |
|
(1) "Abortion" has the meaning assigned by Section |
|
245.002. |
|
(2) "Network contractor" means a person who contracts |
|
with the commission to provide or coordinate the provision of |
|
services under this chapter. |
|
Sec. 54.002. ESTABLISHMENT. (a) The commission shall |
|
establish the Texas Pregnancy and Parenting Support Network as a |
|
continuation of the alternatives to abortion program to: |
|
(1) promote healthy pregnancy and childbirth; |
|
(2) increase access to resources that promote family |
|
and child development; |
|
(3) encourage family formation; |
|
(4) increase the number of families who achieve |
|
economic self-sufficiency; and |
|
(5) provide a local approach and personalized support |
|
to pregnant women to promote childbirth in all instances of |
|
pregnancy. |
|
(b) The commission shall contract with network contractors |
|
to establish a statewide network of service providers, including |
|
pregnancy support centers, adoption assistance providers, and |
|
maternity homes, to provide the services described by Section |
|
54.003. The commission may contract with the service providers to |
|
provide the services in accordance with this chapter. |
|
(c) In developing the statewide network of service |
|
providers, the commission shall, to the extent practicable, |
|
contract with providers who have a history of working with the |
|
commission in programs similar to the program created by this |
|
chapter. |
|
Sec. 54.003. SERVICES. (a) Using the network contractors |
|
described under Section 54.002, the commission shall ensure that |
|
services described by this chapter are available throughout this |
|
state. |
|
(b) Services provided through the network include: |
|
(1) counseling and mentoring on pregnancy, education, |
|
parenting skills, adoption services, life skills, and employment |
|
readiness topics; |
|
(2) care coordination for prenatal services, |
|
including connecting participants to health services provided |
|
through the network; |
|
(3) educational materials and information about |
|
pregnancy, parenting, and adoption services; |
|
(4) referrals to governmental and social service |
|
programs, including child care, transportation, housing, and state |
|
and federal benefit programs; |
|
(5) classes on life skills, personal finance, |
|
parenthood, stress management, job training, job readiness, job |
|
placement, and educational attainment; |
|
(6) provision of supplies for infant care and |
|
pregnancy, including car seats, cribs, maternity clothes, infant |
|
diapers, and formula; and |
|
(7) housing and support services in maternity homes. |
|
(c) The commission or network contractors may not provide |
|
family planning services through the network. |
|
Sec. 54.004. ELIGIBILITY. Network services are available |
|
to a resident of this state who is: |
|
(1) a pregnant woman; |
|
(2) the biological father of an unborn child; |
|
(3) the biological parent of a child who is 36 months |
|
of age or younger; |
|
(4) an adoptive parent of a child who is 36 months of |
|
age or younger; |
|
(5) an approved adoptive parent of an unborn child; |
|
(6) a former participant who has experienced the loss |
|
of a child; |
|
(7) a parent or legal guardian of a pregnant minor who |
|
is a network client; |
|
(8) a network client who is the parent, legal |
|
guardian, or adult caregiver of a child who is 36 months of age or |
|
younger; and |
|
(9) a parent who experienced a miscarriage or loss of a |
|
child not more than 90 days before the parent begins participation |
|
in the services offered through the network. |
|
Sec. 54.005. PROVISION OF SERVICES. The commission and its |
|
network contractors shall contract with service providers to assess |
|
the needs of the participants and implement a plan to provide |
|
services to address the participants' most critical needs. |
|
Sec. 54.006. PERFORMANCE OUTCOMES. (a) The commission and |
|
its network contractors may contract only with service providers |
|
whose performance outcomes include: |
|
(1) improving healthy pregnancy and childbirth |
|
outcomes; |
|
(2) improving child health and psychological |
|
development; |
|
(3) assisting families in achieving economic |
|
self-sufficiency and stability; |
|
(4) increasing workforce participation; |
|
(5) reducing long-term reliance on state and federal |
|
public assistance programs; and |
|
(6) promoting marriage and family formation for |
|
participating parents. |
|
(b) The commission shall identify indicators to measure the |
|
performance outcomes under Subsection (a) and require periodic |
|
reporting on the outcomes by network contractors and participating |
|
service providers. |
|
Sec. 54.007. IMPACT EVALUATION. (a) The commission shall |
|
periodically conduct impact evaluations to measure the effects of |
|
services on participants receiving services through the network and |
|
to report on measured performance outcomes. |
|
(b) The commission shall contract with an external third |
|
party to perform impact evaluations under this chapter. |
|
(c) The commission shall coordinate with network |
|
contractors in selecting the impact evaluator. The evaluator must |
|
have a demonstrated history in evaluating social services programs |
|
using an integrated holistic impact approach and data modeling. |
|
(d) The commission may not use more than three percent of |
|
funding allocated to the network to procure the services of an |
|
evaluator under this section. |
|
(e) The commission may not enter into an interagency |
|
agreement to conduct an evaluation under this section. |
|
Sec. 54.008. REPORTS; AUDITS. (a) The commission shall |
|
compile reports provided by network contractors and service |
|
providers under Section 54.006 and audit a sampling of the reports |
|
to ensure validity. |
|
(b) The commission shall annually issue a report that |
|
includes: |
|
(1) the total number of network contractors and |
|
service providers, sorted by geographical region served; |
|
(2) the total number of individuals served by each |
|
provider, sorted by age and sex; |
|
(3) the total amount of expenditures, sorted by method |
|
of finance; |
|
(4) the value of the contracts with each network |
|
contractor and service provider; |
|
(5) any outcome measures reported to the commission by |
|
network contractors and service providers; |
|
(6) any performance outcomes reported to the |
|
commission under Section 54.006; and |
|
(7) the results of any impact evaluation conducted |
|
under Section 54.007. |
|
Sec. 54.009. RULES. (a) The executive commissioner may |
|
adopt rules to implement this chapter. |
|
(b) The executive commissioner may not adopt a rule that |
|
violates Chapter 110, Civil Practice and Remedies Code, or Chapter |
|
45, Human Resources Code. |
|
Sec. 54.010. FUNDING. (a) The commission shall, to the |
|
greatest extent possible, seek private funding to supplement and |
|
match funding provided through the network. |
|
(b) The commission or a service provider may not: |
|
(1) use funding provided through the network to |
|
perform, induce, assist, or refer an abortion; or |
|
(2) grant funds to an abortion provider or an |
|
affiliate of an abortion provider. |
|
SECTION 11. Section 118.022(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) The comptroller shall deposit the money received under |
|
Subsection (a)(1) to the credit of the child abuse and neglect |
|
prevention trust fund account established under Section 137.054 |
|
[40.105], Human Resources Code. |
|
SECTION 12. (a) On September 1, 2024, all powers, duties, |
|
functions, programs, employees, administrative support services, |
|
contracts, property, records, and other resources necessary to |
|
comply with this Act are transferred from the Department of Family |
|
and Protective Services to the Health and Human Services |
|
Commission, including the operating fund and trust fund under |
|
Subchapter B, Chapter 137, Human Resources Code, as amended by this |
|
Act. |
|
(b) The Health and Human Services Commission shall, not |
|
later than September 1, 2025, develop and implement its initial |
|
five-year strategic plan under Section 137.004, Human Resources |
|
Code, as amended by this Act. The initial plan must additionally |
|
include plans to develop and implement the system of family support |
|
programs under Section 137.002(a)(2), Human Resources Code, as |
|
amended by this Act. |
|
SECTION 13. This Act takes effect September 1, 2023. |