By Harris S.B. No. 795
75R6512 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of substitute care for children and the
1-3 provision of child protective services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Subchapter B, Chapter 201, Family
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER B. MASTER FOR CHILD SUPPORT AND CHILD PROTECTIVE
1-8 SERVICES CASES [MASTER]
1-9 SECTION 2. Subchapter B, Chapter 201, Family Code, is
1-10 amended by adding Section 201.1005 to read as follows:
1-11 Sec. 201.1005. DEFINITIONS. In this subchapter:
1-12 (1) "Child protection case" means a proceeding brought
1-13 by the Department of Protective and Regulatory Services under this
1-14 title.
1-15 (2) "Department" means Department of Protective and
1-16 Regulatory Services.
1-17 SECTION 3. Sections 201.101(a) and (d), Family Code, are
1-18 amended to read as follows:
1-19 (a) The presiding judge of each administrative judicial
1-20 region, after conferring with the judges of courts in the region
1-21 having jurisdiction of Title IV-D or child protection cases, shall
1-22 determine which courts require the appointment of a full-time or
1-23 part-time master to complete each Title IV-D case within the time
1-24 specified in this subchapter or child protection case within a
2-1 reasonable time.
2-2 (d) If the presiding judge determines that a court requires
2-3 a master, the presiding judge shall appoint a master. If a master
2-4 is appointed for a court, all Title IV-D and child protection cases
2-5 shall be referred to the master by a general order for each county
2-6 issued by the judge of the court for which the master is appointed,
2-7 or, in the absence of that order, by a general order issued by the
2-8 presiding judge who appointed the master. Referral of Title IV-D
2-9 or child protection cases may not be made for individual cases or
2-10 case by case.
2-11 SECTION 4. Section 201.104, Family Code, is amended to read
2-12 as follows:
2-13 Sec. 201.104. OTHER POWERS AND DUTIES OF MASTER. (a) On
2-14 motion of a party, a master may refer a complex case back to the
2-15 judge for final disposition after the master has recommended
2-16 temporary support in a Title IV-D case or an emergency or other
2-17 temporary order under Chapter 262 in a child protection case.
2-18 (b) A master shall take testimony and make a record in all
2-19 Title IV-D and child protection cases as provided by this chapter.
2-20 SECTION 5. Section 201.107, Family Code, is amended to read
2-21 as follows:
2-22 Sec. 201.107. STATE AND FEDERAL FUNDS. (a) The office of
2-23 court administration may contract with the Title IV-D agency or the
2-24 department for available state and federal funds under Title IV-D,
2-25 Title IV-E (42 U.S.C. Section 670 et seq.), or any other law and
2-26 may employ personnel needed to implement and administer this
2-27 subchapter. A master and other personnel appointed under this
3-1 subsection are state employees for all purposes, including accrual
3-2 of leave time, insurance benefits, retirement benefits, and travel
3-3 regulations.
3-4 (b) The presiding judges of the administrative judicial
3-5 regions, state agencies, and counties may contract with the Title
3-6 IV-D agency or the department for available federal funds under
3-7 Title IV-D, Title IV-E, or any other law to reimburse costs and
3-8 salaries associated with masters and personnel appointed under this
3-9 section and may also use available state funds and public or
3-10 private grants.
3-11 (c) The presiding judges, [and] the Title IV-D agency, and
3-12 the department shall act and are authorized to take any action
3-13 necessary to maximize the amount of federal funds available under
3-14 the Title IV-D program, Title IV-E, or any other law.
3-15 SECTION 6. Section 201.108, Family Code, is amended to read
3-16 as follows:
3-17 Sec. 201.108. MANDATORY APPOINTMENT OF MASTER. The
3-18 presiding judge shall appoint a master for each court handling
3-19 Title IV-D child protection cases unless the court: [cases for
3-20 which the state]
3-21 (1) has [not] been granted an exemption from the
3-22 expedited process of Title IV-D cases required by federal law; and
3-23 (2) is able to process child protection cases within a
3-24 reasonable time.
3-25 SECTION 7. Section 264.009, Family Code, is amended to read
3-26 as follows:
3-27 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT.
4-1 (a) Except as provided by Subsections [Subsection] (b) and (c), in
4-2 any action under this title, the department shall be represented in
4-3 court by [the]:
4-4 (1) a prosecuting attorney who represents the state in
4-5 criminal cases in the district or county court of the county where
4-6 the action is brought; or
4-7 (2) the attorney general.
4-8 (b) In a county with a population of 2,800,000 or more, in
4-9 an action under this title, the department shall be represented in
4-10 court by the:
4-11 (1) attorney who represents the state in civil cases
4-12 in the district or county court of the county where the action is
4-13 brought; or
4-14 (2) attorney general.
4-15 (c) In a county with a population of less than 25,000, in an
4-16 action under this title, the department shall be represented in
4-17 court by:
4-18 (1) a prosecuting attorney who represents the state in
4-19 criminal cases in the district or county court of the county where
4-20 the action is brought;
4-21 (2) the attorney general; or
4-22 (3) a department attorney.
4-23 (d) In a county with a population of less than 25,000, the
4-24 department shall enter into a written agreement with the attorney
4-25 who will represent the department in the county.
4-26 SECTION 8. Subchapter B, Chapter 531, Government Code, is
4-27 amended by adding Section 531.047 to read as follows:
5-1 Sec. 531.047. SUBSTITUTE-CARE PROVIDER OUTCOME STANDARDS.
5-2 (a) The commission, after consulting with representatives from the
5-3 Department of Protective and Regulatory Services, the Texas
5-4 Juvenile Probation Commission, and the Texas Department of Mental
5-5 Health and Mental Retardation, shall by rule adopt result-oriented
5-6 standards that a provider of substitute-care services for children
5-7 under the care of the state must achieve.
5-8 (b) A health and human services agency that purchases
5-9 substitute-care services must include the result-oriented standards
5-10 as requirements in each substitute-care service provider contract.
5-11 (c) A health and human services agency may provide
5-12 information about a substitute-care provider including rates,
5-13 contracts, outcomes, and client information to another agency that
5-14 purchases substitute-care services.
5-15 SECTION 9. Subchapter C, Chapter 40, Human Resources Code,
5-16 is amended by adding Sections 40.066 and 40.067 to read as follows:
5-17 Sec. 40.066. ASSESSMENT CENTER LICENSE. (a) The department
5-18 by rule shall create an assessment center licensing program under
5-19 which an emergency shelter may perform assessments of the placement
5-20 needs of children who need substitute care.
5-21 (b) An emergency shelter licensed under this section is not
5-22 required to also be licensed under Chapter 42.
5-23 (c) An emergency shelter may not act as an assessment center
5-24 unless it has been licensed by the department as an assessment
5-25 center.
5-26 Sec. 40.067. USE OF ASSESSMENT CENTER. Before placing a
5-27 child in substitute care, the department, the Texas Juvenile
6-1 Probation Commission, or the Texas Department of Mental Health and
6-2 Mental Retardation shall use an assessment center to determine the
6-3 appropriate substitute care services for the child.
6-4 SECTION 10. (a) A representative from each state agency
6-5 that purchases substitute care services for children under the
6-6 state's care shall meet to:
6-7 (1) assess the total need for substitute care services
6-8 in this state; and
6-9 (2) develop and implement a competitive bidding
6-10 process to purchase substitute care services.
6-11 (b) Except as provided by Subsection (c) of this section,
6-12 each state agency must use the competitive bidding process created
6-13 under Subsection (a) of this section to purchase substitute care
6-14 services.
6-15 (c) A state agency may not use the competitive bidding
6-16 process to purchase:
6-17 (1) foster family care services;
6-18 (2) substitute care services in a geographic area of
6-19 this state that has a shortage of service providers; or
6-20 (3) specialized substitute care services if there is a
6-21 shortage of providers of the specialized services.
6-22 (d) The state agency representatives shall meet and develop
6-23 the competitive bidding process for purchasing substitute services
6-24 as soon as possible after the effective date of this Act.
6-25 (e) The Department of Protective and Regulatory Services
6-26 shall implement a competitive bidding process not later than
6-27 September 1, 1997, using the department's existing outcome
7-1 measures. Other state agencies shall implement a competitive
7-2 bidding process not later than September 1, 1998.
7-3 (f) This section expires September 1, 1999.
7-4 SECTION 11. The Department of Protective and Regulatory
7-5 Services shall evaluate the cost-effectiveness of using the
7-6 attorneys employed by the department to represent the department.
7-7 Not later than September 1, 1998, the department shall report to
7-8 the legislature regarding the benefits to the state of expanding
7-9 the program to other counties.
7-10 SECTION 12. The Department of Protective and Regulatory
7-11 Services shall establish a working group to coordinate the
7-12 processing of child protection cases. The working group shall
7-13 consist of representatives from the Office of Court Administration,
7-14 the Texas Supreme Court, and district and county attorneys'
7-15 offices. The working group shall report its recommendations to the
7-16 Texas Supreme Court not later than September 1, 1998. After
7-17 considering the recommendations of the working group, the Texas
7-18 Supreme Court shall adopt rules regarding the processing of child
7-19 protection cases.
7-20 SECTION 13. The Health and Human Services Commission shall
7-21 adopt the rules required by Section 531.047, Government Code, as
7-22 added by this Act, not later than January 1, 1998.
7-23 SECTION 14. An agency that purchases substitute-care
7-24 services shall review the effectiveness of the result-oriented
7-25 standards adopted under Section 531.047, Government Code, as added
7-26 by this Act, and report to the governor, lieutenant governor,
7-27 speaker of the house of representatives, comptroller, and
8-1 Legislative Budget Board, not later than January 31, 1999.
8-2 SECTION 15. Representatives of the Health and Human Services
8-3 Commission, the Department of Protective and Regulatory Services,
8-4 the Texas Juvenile Probation Commission, and the Texas Department
8-5 of Mental Health and Mental Retardation shall jointly develop
8-6 common standards for evaluating assessment centers. Before
8-7 adopting the standards for evaluating assessment centers, the
8-8 representatives shall consider the 1993 standards developed by the
8-9 Department of Protective and Regulatory Services work group.
8-10 SECTION 16. If before implementing Sections 1-6 of this Act,
8-11 a state agency determines that a waiver or authorization from a
8-12 federal agency is necessary to implement a provision, the state
8-13 agency shall request the waiver or authorization and may delay
8-14 implementing the provision until the waiver or authorization is
8-15 granted.
8-16 SECTION 17. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended,
8-21 and that this Act take effect and be in force from and after its
8-22 passage, and it is so enacted.