LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 12, 1997
         
         
      TO: Honorable Harvey Hilderbran, Chair            IN RE:  Senate Bill No. 359, Committee Report 2nd House, Substituted
          Committee on Human Services                              By: Brown
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB359 ( Relating 
to the continuation and operation of the Department of Protective 
and Regulatory Services, the provision of services to children 
and families, and suits affecting the parent-child relationship; 
providing penalties.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB359-Committee Report 2nd House, Substituted
         
Implementing the provisions of the bill would result in a net 
positive impact of $6,098,614 to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         
The bill would make no appropriation but could provide the legal 
basis for an appropriation of funds to implement the provisions 
of the bill.
         
 
Fiscal Analysis
 
The bill would provide for the continuation of the Department 
of Protective and Regulatory Services (DPRS) for the standard 
12-year Sunset review cycle.  DPRS is subject to the provisions 
of the Texas Sunset Act.  The amount set forth for the administration 
of the agency in the General Appropriations Bill, as introduced, 
($526,225,721 for fiscal year 1998 and $540,736,010 for fiscal 
year 1999) would be contingent upon passage of Senate Bill 359 
or similar legislation.  The appropriation would be financed 
from the General Revenue fund, federal funds, appropriated receipts, 
and interagency contracts, and would provide for approximately 
5,907 employees.

Implementation of several provisions relating 
to permanency planning for children in the temporary managing 
conservatorship of DPRS would have a significant fiscal impact. 
 These provisions would require the court to dismiss a suit 
affecting the parent-child relationship on the first Monday 
after the first anniversary of the child's entry into temporary 
managing conservatorship, unless the court had already rendered 
a final order or granted an extension of up to 180 days.  The 
court could retain jurisdiction over the child, and not dismiss 
the suit or render a final order, under certain circumstances. 
 The effective date for these provisions would be January 1, 
1998, and they would apply to all suits commenced before, on, 
or after this date.  The court could establish a later dismissal 
date for suits involving children in DPRS temporary managing 
conservatorship before September 1, 1997.

The bill would 
require the county attorney to represent DPRS in any action 
under the Family Code, unless the district attorney or criminal 
district attorney elected to provide representation.  It would 
require the Attorney General to represent DPRS if the county 
attorney, district attorney, or criminal district attorney were 
unable to do so.  It would require the Attorney General to deputize 
a DPRS attorney to provide representation if the Attorney General 
was unable to do so.  It would also authorize DPRS to contract 
with a private attorney to provide representation, and to represent 
itself, in any action under the Family Code.  The effective 
date for these provisions would be September 1, 1997.

The 
bill would require DPRS to conduct a background and criminal 
history check on certain individuals when a child-care facility 
or family home applies for licensure or registration.  It would 
also require DPRS to conduct a background and criminal history 
check when certain individuals become associated with a licensed 
child-care facility or registered family home.  The child-care 
facility or family home would be required to pay a fee that 
could not exceed the department's administrative costs.  The 
effective date for these provisions would be on or before November 
1, 1997.

The bill would implement Texas Performance Review 
(TPR) recommendation HHS 5, in Disturbing the Peace: the Challenge 
of Change in Texas Government, by requiring DPRS to coordinate 
state monitoring inspections of licensed day care centers, licensed 
group day care homes, and registered family homes.  It would 
require DPRS, the Texas Workforce Commission, the Texas Department 
of Human Services, and the Texas Department of Health to implement 
a new inspection protocol by June 1, 1998.  It would also require 
DPRS to establish a computerized database containing inspection 
information from other state agencies and political subdivisions.

The 
bill would implement TPR recommendation HHS 7, by requiring 
the Health and Human Services Commission to adopt rules establishing 
results-oriented standards for providers of substitute care 
services.  The effective date for this provision would be not 
later than January 1, 1998.  The bill would require health and 
human service agencies to include the standards in provider 
contracts and to report on their effectiveness by January 31, 
1999.

The bill would partially implement TPR recommendation 
HHS 8, by requiring representatives from each state agency that 
purchases substitute care services to assess the total need 
for substitute care services, and to develop and implement a 
competitive bidding process.  DPRS would be required to develop 
and implement a pilot competitive bidding program by September 
1, 1998 (which is one year later than the date recommended by 
TPR).

The bill would address concerns raised by the Sunset 
Advisory Commission's Staff Report, and TPR issue HHS 9, relating 
to the use of assessment services to determine the most appropriate 
placement for children entering substitute care.  It would require 
DPRS to regulate assessment services provided by child-care 
facilities or child-placing agencies, and to use these services 
before placing a child in substitute care.  It would also require 
the Board of Protective and Regulatory Services to establish 
minimum standards for assessment services by November 1, 1997.

The 
bill would partially implement TPR recommendation HHS 10 by 
authorizing DPRS to represent itself in certain child protection 
cases, and by requiring DPRS to establish a working group of 
representatives from the Office of Court Administration, the 
Texas Supreme Court, and district and county attorneys' offices 
to coordinate the processing of child protection cases.  The 
working group would be required to report its recommendations 
to the Texas Supreme Court by September 1, 1998.  The Texas 
Supreme Court would be required to adopt rules regarding the 
processing of child protection cases after considering the working 
group's recommendations.

The bill would address other concerns 
raised by the Sunset Advisory Commission's Staff Report, and 
TPR issue HHS 10, by providing for the legal representation 
of DPRS in actions brought under the Family Code, and by authorizing 
the presiding judge of an administrative judicial region to 
appoint a court master to process child protection cases.

Implementation 
of two provisions in the bill would result in a gain to the 
General Revenue fund.  The first provision would require DPRS 
to charge licensed child-care facilities for the reasonable 
cost of providing services related to corrective action plans. 
 The second would authorize the Board of Protective and Regulatory 
Services to impose an administrative penalty when child-care 
providers violate the licensing statute, or a rule or order 
adopted under the licensing statute.
 
Methodolgy
 
It is assumed that the provisions relating to permanency planning 
for children in DPRS temporary managing conservatorship would 
significantly increase the workload of the department's child 
protective services program.  The workload increase would be 
heaviest in the first two fiscal years, when the department 
would implement new permanency planning procedures and begin 
moving about 3,500 foster children who have been in conservatorship 
for 12 or more months through the court system.  Additional 
child protective services staff would be needed to handle the 
new permanency planning requirements.  The cost estimate assumes 
a ratio of six child protective service workers per clerk.

It 
is also assumed that the provisions relating to legal representation 
would increase the workload of the department's legal staff. 
 The department estimates that the new workload could be accommodated 
without cost to local prosecutors by adding six attorneys, three 
legal assistants, and one legal secretary.  These individuals 
would provide litigation support, training, and legal case management 
statewide.  The legal secretary would also maintain a statewide 
legal tracking system for all DPRS legal cases.

The cost 
of the additional workload would be more than offset by a savings 
in foster care and other purchased service payments, because 
the provisions of the bill would cause some children to leave 
the system more quickly.  The cost estimate uses federal revenue 
from the Temporary Assistance for Needy Families (TANF) program. 
 In the event that TANF funds are unavailable for allocation, 
General Revenue may need to be substituted.

It is assumed 
that implementation of the bill's provisions relating to background 
and criminal history checks would require DPRS to search for 
information on more than 22,000 persons associated with child-care 
facilities and family homes each year.  Each person would be 
checked for a history of child abuse and neglect using the department's 
own records, and for a criminal history using records kept by 
the Texas Department of Public Safety.  A very small number 
would also require an FBI fingerprint check.  DPRS would need 
to increase its licensing staff by 4 FTE positions to accommodate 
the new workload.  It is assumed that the department would establish 
a fee to recover the full administrative cost of conducting 
the checks.

The Comptroller of Public Accounts estimates 
that implementation of the bill's provisions relating to child-care 
monitoring inspections (TPR recommendation HHS 5) would result 
in a net annual General Revenue savings of $498,000.  This includes 
a $13,000 cost to maintain the DPRS database which would be 
offset by a $511,000 savings from streamlining the inspection 
process.  The savings would be allocated among DPRS ($247,023), 
the Texas Workforce Commission ($254,895), and the Department 
of Human Services ($9,082).  The method of financing would be 
100% General Revenue funds.

The Comptroller estimates that 
implementation of provisions relating to the DPRS pilot competitive 
bidding program for substitute care services (TPR recommendation 
HHS 8) would result in an $850,000 annual savings, including 
$634,000 in General Revenue funds and $216,000 in federal funds. 
 It is assumed that these savings would begin to accrue in fiscal 
year 1999.

The Comptroller estimates that implementation 
of provisions relating to the use of assessment services for 
children entering substitute care would result in a $8,921,000 
annual savings in foster care payments, including $6,651,000 
in General Revenue funds and $2,270,000 in federal funds (these 
savings would begin to accrue in the second half of fiscal year 
1999).  However, the bill does not fully implement the recommendations 
in TPR issue 9, which would have required DPRS to create a separate 
licensing program for assessment "centers."   This fiscal note 
assumes that implementation of the bill's provisions relating 
to the regulation and utilization of assessment "services" would 
have no significant fiscal implication beyond that already included 
in the permanency planning provisions cited above.

The Comptroller 
estimates that implementation of provisions relating to the 
legal process for child protective services would result in 
a net annual savings to the General Revenue fund of $657,000 
(these savings would begin to accrue in the second half of fiscal 
year 1999).  However, the bill does not fully implement the 
recommendations in TPR issue 10, which assumed that state law 
would be amended to require that all legal actions on child 
protection cases be processed through the Attorney General's 
Child Support Enforcement court masters system.  This would 
speed-up the resolution of child protection cases, and increase 
the collection of child-support payments that would used to 
fund DPRS legal staff and county court master programs.  This 
fiscal note assumes that implementation of the bill's provisions 
relating to DPRS legal representation and the discretionary 
appointment of court masters would have no significant fiscal 
implication beyond that already included in the permanency planning 
provisions cited above.
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable           Probable           Probable           Probable           Change in Number   
            Savings/(Cost)     Savings/(Cost)     Savings/(Cost)     Savings/(Cost)     of State          
            from General       from General       from Federal Funds from Federal Funds Employees from    
            Revenue Fund       Revenue Fund                                             FY 1997           
            0001               0001               0555               0555                                  
       1998      ($3,093,475)          $871,918      ($2,066,809)          $562,862             107.4
       1998       (5,843,945)        13,661,010       (4,067,016)         6,360,442             221.0
       2000       (3,021,705)        19,313,770       (2,031,160)         9,037,369             105.8
       2001       (2,245,551)        13,535,049       (1,476,951)         6,243,335              71.4
       2002       (2,315,032)        13,534,345       (1,535,426)         6,244,686              71.7
 
 
Fiscal Year Probable Revenue   
            Gain/(Loss) from                                                                              
            General Revenue                                                                               
            Fund                                                                                          
            0001                                                                                           
       1998                                                                                          
       1999           251,553                                                                        
       2000           251,553                                                                        
       2001           251,553                                                                        
       2002           251,553                                                                        
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998         ($1,970,004)
               1999            8,068,618
               2000           16,543,618
               2001           11,541,051
               2002           11,470,866
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
Implementation of a provision requiring DPRS to develop and 
implement an outreach program to assist counties in applying 
for federal funds could result in increased funding for local 
units of government.
          
   Source:            Agencies:   530   Department of Protective and Regulatory Services
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,BB ,NM