BILL ANALYSIS C.S.H.B. 1409 By: McDonald 03-20-95 Committee Report (Substituted) BACKGROUND The 18-member Texas Commission on Children and Youth spent the last year studying public programs for children and families, including health care and education services, services aimed at preventing child abuse and neglect, and services provided by the juvenile justice system. The Commission recommended a series of legislative proposals to improve services to children and families. These recommendations are detailed in the Commission's final report, Safeguarding Our Future: Children and Families First. The legislative proposals which would increase local control over the provision of services and those which would improve prevention and intervention efforts are included in this bill. PURPOSE H.B. 1409 would implement the Commission's recommendations for improving services to children and families. Highlights include: - authorizing the creation of local Child and Family Commissions to allow communities to tailor social services to local needs; - improving access to health services, including prenatal care and children's mental and dental health care. RULEMAKING AUTHORITY In the opinion of the committee, H.B. 1409 grants rulemaking authority under Section 1 to the following: Texas Health and Human Services Commission; the Central Education Agency; Department of Protective and Regulatory Services; Interagency Council on Early Childhood Intervention Services; Texas Commission on Alcohol and Drug Abuse; Texas Commission for the Blind; Texas Department of Health; Texas Department of Human Services; Texas Department of Mental Health and Mental Retardation; Texas Juvenile Probation Commission; Texas Youth Commission; Texas Employment Commission; and Children's Trust Fund of Texas Council. Section 2 grants rulemaking authority to the Texas Department of Health. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle B, Title 3, Human Resources Code, by adding Chapter 72 as follows: CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY OF SERVICES TO CHILDREN AND FAMILIES SUBCHAPTER A. GENERAL PROVISIONS Sec. 72.001. PURPOSE. Specifies the achievement of broad, positive goals for children as the purpose of the chapter. Sec. 72.002. DEFINITIONS. Defines the terms "Board", "Child", "Commission" and "Commissioner". SUBCHAPTER B. STATE PARTICIPATION IN THE PARTNERSHIP FOR SERVICES TO CHILDREN AND FAMILIES Sec. 72.021. DESIGNATED STATE AGENCY. (a) Requires the Health and Human Services Commission to ensure that the activities of the chapter are accomplished and the objectives realized. (b) Authorizes the Health and Human Services Commission to obtain staff and other administrative support as necessary to meet its responsibilities from the agencies listed in Section 72. 022(a). Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) Identifies state agencies responsible for activities in this section. (b) Requires each agency to designate an employee to carry out the required duties and to be responsible for that representative's expenses. (c)-(e) Requires the agencies to meet regularly and to collaborate, under the direction of the Commissioner of Health and Human Services, to establish a system to support the development of local child and family commissions; develop a blueprint for children; define common outcome measures and evaluation system; develop strategies to refinance services to maximize federal, state and local funds; report quarterly to the Legislative Health and Human Services Board; and respond to other issues recommended by the Legislative Health and Human Services Board. (f) Requires that the strategic plan, budget and performance measures of each agency reflect the joint responsibilities listed in subsection (e). SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS Sec. 72.031. Defines "local commission" as a local child and family commission certified by the Health and Human Services Commission. Sec. 72.032. CERTIFICATION OF LOCAL CHILD AND FAMILY COMMISSIONS. (a) Requires the Health and Human Services Commission to annually solicit applications for new local Child and Family Commissions and identifies appropriate applicants. Specifies that only one proposal per county will be accepted. (b) Requires applicants to collaborate with local child and family service providers in developing proposals and in selecting the initial members of the child and family commission. (c)-(e) Requires the Health and Human Services Commission to adopt rules governing the composition and operation of local child and family commissions. Provides that a county may have only one commission. Specifies that a local commission is established upon certification by the Health and Human Services Commission. Sec. 72.033. MEMBERSHIP OF LOCAL COMMISSIONS. (a) Sets out criteria for membership of local commissions. (b)-(d) Stipulates that service providers may not comprise a majority of the membership. Requires applicants to attempt to ensure participation on local commissions by women and minorities. Allows the Health and Human Services Commission to specify additional members if necessary to qualify for federal funding, and to adopt rules modifying membership requirements for local commissions established jointly by two or more counties. Sec. 72.034. ADMINISTRATION OF LOCAL COMMISSIONS. (a) Defines terms of members. (b) Specifies that members serve without compensation except for actual expenses incurred, as funds are available. (c) Requires the concurrence of a majority of commission members in awarding contracts. (d) Permits local child and family commissions to contract for assistance in administering or managing the operation of the commission. Authorizes a local commission to do all things it deems proper for its successful operation, including contracting for the administration of its funds and paying for all expenses by warrants drawn on funds available for such purposes. Sec. 72.035. POWERS, DUTIES AND RESPONSIBILITIES OF LOCAL CHILD AND FAMILY COMMISSIONS. (a) Defines the duties and responsibilities of local commissions. Sec. 72.036. LOCAL GRANTS; NOTICE. Permits local commissions to accept funds from any source for the purpose of financing programs and facilities. Sec. 72.037. ANNUAL AUDIT. Requires an annual audit of a local commission's financial condition by an independent auditor designating the State Auditor and the Health and Human Services Commission as responsible for developing an accountability methodology. Sec. 72.038. LIMITATION OF LIABILITY. Defines a local child and family commission as a unit of government for purposes of Chapter 101, Civil Practices and Remedies Code. Specifies that a member of a local commission is not liable for civil damages or criminal prosecution for any act done in good faith. SUBCHAPTER D. STATE GRANTS AND STATE AGENCY COOPERATION Sec. 72.051. FUNDS AVAILABILITY. (a)-(b) Requires the Health and Human Services Commission, with the assistance of the agencies listed in Sec. 72.022 (a) and the Legislative Budget Board, to develop a budget mechanism to combine state and federal funds to distribute grants to local commissions, including funds appropriated by the Legislature for child and family commissions. Permits the Legislative Budget Board, at the request of the Health and Human Services Commission, to transfer appropriations to the Health and Human Services Commission. (c)-(d) Specifies that grants to child and family commissions must be for preventive services and must be locally matched for at least one-quarter of the grant amount, unless the Health and Human Services Commission provides for a different match formula. Requires the Health and Human Services Commission to adopt rules regarding the distribution of funds based on a county's child population and per capita income. (e) Authorizes the Health and Human Services Commission to retain up to two percent of any funds appropriated for grants to local commissions. Restricts the use of such funds to carrying out the duties prescribed by Section 72.022. Sec. 72.052. COMMUNITY ASSISTANCE GRANTS. (a)-(c) Requires the Health and Human Services Commission to provide by rule the procedure by which it will make small assistance grants to local commissions, as funds are available, to support their initial operation. Specifies that such grants must be in proportion to the county's child population and may not exceed $50,000. Requires grants to be matched by local resources totaling one-half of the assistance grant. Limits the duration of grants to one year. Sec. 72.053. COOPERATION WITH STATE AGENCIES; PERSONNEL. (a) Requires a local commission to cooperate with the Health and Human Services Commission in setting performance standards and evaluating outcomes. (b) Requires the Health and Human Services Commission to assist local commissions in obtaining state employees to work under local supervision. (c) Requires state agencies establishing new programs to serve children and families in a particular county to demonstrate the approval of the local child and family commission. SUBCHAPTER E. MISCELLANEOUS PROVISIONS Sec. 72.071. COLLABORATION AGREEMENTS. (a)-(b) Permits state and local agencies to enter into collaboration agreements to accomplish the purposes of this chapter. Specifies the types of services or programs which may be addressed by such agreements. Sec. 72.072. FUNDS. Permits local commissions to accept funds from any source for the purpose of financing programs and facilities. SECTION 2. Amends Chapter 32, Health and Safety Code, by adding Section 32.022 as follows: Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM. (a)-(c) Requires the Texas Department of Health to establish a program to promote public awareness of the importance and benefits of prenatal care, targeting low-income areas and involving the network of local coalitions developed by the department to promote its immunization public awareness program. (b) Requires the Texas Department of Health to establish the program no later than January 1, 1996. SECTION 3. INTERAGENCY WORK GROUP ON TRAINING AND CERTIFICATION OF EARLY CHILDHOOD EDUCATION WORKERS. (a)-(b) Requires the commissioner of health and human services and the agencies listed in Subsection (a), Section 72.022 to coordinate activities of three programs (the child care programs of the Texas Department of Human Services, the prekindergarten programs of the Central Education Agency, and the federal Head Start programs) by December 1, 1997. Requires the commissioner of health and human services to report the results of the initiative to coordinate service delivery in this area to the legislature by December 1, 1997. SECTION 4. DENTAL SERVICES FOR CHILDREN. (a) Requires the Texas Department of Health to develop a plan to increase accessibility of dental services for children eligible for Medicaid. Specifies requirements for the plan including several considerations for involving private dentists. (b) Requires the Texas Department of Health report on a plan and budget for these services no later than February 1, 1997. SECTION 5. SERVICE FOR CHILDREN WHO REQUIRE RESIDENTIAL TREATMENT. (a) Requires the Texas Department of Mental Health and Mental Retardation to develop a plan for providing services to children with severe mental or emotional disorders who require residential treatment. Specifies requirements for the plan. (b) Sets forth an illustrative list of matters the Texas Department of Mental Health and Mental Retardation may consider with regard to the plan. (c) Requires the Texas Department of Mental Health and Mental Retardation to submit the plan and an estimated budget to the governor and legislature by January 15, 1997. SECTION 6. PILOT PROJECT. (a)-(c) Requires the Comptroller of Public Accounts to establish a pilot project to determine the effectiveness of using investment budgeting for certain children's prevention services. Specifies requirements for the pilot, including consideration of children's immunizations programs. (d) Requires the Comptroller of Public Accounts to submit to the governor and the 75th Legislature by January 15, 1997 a report concerning the effectiveness of the pilot project. (e) Provides for this section to expire September 1, 1997. SECTION 7. Effective date of prenatal care public awareness program, January 1, 1996. SECTION 8. EFFECTIVE DATE: September 1, 1995. SECTION 9. EMERGENCY CLAUSE. COMPARISON OF ORIGINAL TO SUBSTITUTE The Committee Substitute for HB1409 deletes the Children's Impact Statement, education programs such as school guidance programs, appropriate curricula for children in early grades, and academic credit for community service. It also deletes a juvenile curfew and youth violence prevention education. All of the above are proposed legislation. The Committee Substitute deletes the Texas Child and Family Legislative Oversight Committee and adds the responsibilities to the Health and Human Services Commission. The Committee Substitute retains language which creates a mechanism for development of local Children and Family Commissions, requires state agency cooperation and collaboration, and provides state grants if funds are available. It also retains the Pre-natal Care Awareness Project, the plan for Dental Services, and a plan for Residential Treatment for TxMHMR child clients and a pilot project to measure effectiveness of investment budgeting for prevention programs. The original proposed that the Health and Human Services Commission be authorized to conduct the pilot; the substitute changes authority to the Comptroller of Public Accounts. SUMMARY OF COMMITTEE ACTION H.B. 1409 was considered in a formal meeting on 16 March 1995. Representative Van de Putte offered a substitute which was adopted without objection. H.B. 1409 was reported favorably as substituted with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv and 2 absent.