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Senate Bill 1896 |
Senate Author: Kolkhorst et al. |
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Effective: 6-14-21 |
House Sponsor: Frank et al. |
Senate Bill 1896 amends the Family Code, Government Code, and Human Resources Code to revise certain provisions applicable to the foster care system, including provisions regarding quality and assurance of foster care placements, expanded placement capacity and flexibility to build capacity, best contracting practices, procurement and performance measures for the state's community‑based foster care model, and the implementation of the federal Family First Prevention Services Act. Among other provisions, the bill does the following:
· authorizes a single source continuum contractor who has a background and criminal history check on file to provide temporary emergency care for a child if the contractor is unable to find an appropriate placement for the child;
· prohibits the Department of Family and Protective Services (DFPS) from allowing a child to stay overnight in a DFPS office;
· requires the Health and Human Services Commission (HHSC), in collaboration with DFPS and each single source continuum contractor, to develop a plan to increase the placement capacity in each catchment area with the goal of eliminating the need to place a child outside of the child's community;
· requires DFPS to develop capacity for certain placement settings that are eligible for federal financial participation under federal law; and
· requires DFPS to transition, not later than January 1, 2025, the family‑based safety services program to evidence‑based programs under the federal Family First Prevention Services Act.
Senate Bill 1896 also revises provisions relating to the expansion of community‑based care to require that DFPS identify catchment areas in Texas where DFPS will implement community‑based care and retain an entity based in Texas to evaluate the implementation process and single source continuum contractor performance in each catchment area. The bill, among other changes regarding general residential operations, includes the following requirements:
· a requirement that DFPS develop a strategic plan for improving the provision of educational services to children placed in a general residential operation;
· a requirement that each general residential operation providing treatment services have a treatment model addressing all aspects related to children's care; and
· a requirement that DFPS use data analytics collected regarding residential child‑care providers to develop an early warning system in order to identify at‑risk providers most in need of technical support, promote corrective actions, and minimize standard violations.
Senate Bill 1896 also requires HHSC to annually evaluate the use of benefits under the Medicaid program in the STAR Health program offered to children in foster care and provide recommendations to DFPS and each single source continuum contractor to better coordinate the provision of health care and use of those benefits for children in foster care. A contract between a Medicaid managed care organization and HHSC for the organization to provide health care services to recipients under the STAR Health program must require the organization to ensure the organization maintains a network of mental and behavioral health providers, including child psychiatrists and other appropriate providers, in all DFPS regions in Texas, regardless of whether community‑based care has been implemented in any region.
Senate Bill 1896 creates the Joint Legislative Oversight Committee on Community‑Based Care Transition and establishes the Office of Community‑Based Care Transition as a state agency independent of but administratively attached to DFPS.