79R6882 MCK-D

By:  Van de Putte                                                 S.B. No. 750


A BILL TO BE ENTITLED
AN ACT
relating to the operation of the child protective services and foster care systems. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. It is the intent of the legislature that the Department of Family and Protective Services privatize the provision of substitute care services and case management services statewide in order to improve the safety, permanency, and well-being of children placed in substitute care and focus on the department's primary mission of ensuring child safety. While recognizing that some local governments are presently funding portions of certain substitute care services programs and may choose to expand that funding in the future, by privatizing substitute care services, the legislature does not intend to require any county, municipality, or special district to assist in funding programs that previously have been funded by the state. It is the intent of the legislature to engage community ownership and participation in protecting and serving the children and families in their community and to increase accountability at all levels in the Department of Family and Protective Services and in contracted agencies for performance standards and achievement of targeted client outcomes. SECTION 2. Subtitle D, Title 2, Human Resources Code, is amended by adding Chapter 45 to read as follows:
CHAPTER 45. PRIVATIZATION OF SUBSTITUTE CARE AND
CASE MANAGEMENT SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 45.001. DEFINITIONS. In this chapter: (1) "Case management services" means the provision of case management services to a child for whom the department has been appointed temporary or permanent managing conservator, including caseworker-child visits, family visits, the convening of family group conferences, the development and revision of the case plan, the coordination and monitoring of services needed by the child and family, and the assumption of court-related duties, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the child is progressing toward permanency within state and federal mandates. (2) "Commission" means the Health and Human Services Commission. (3) "Department" means the Department of Family and Protective Services. (4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (5) "Independent administrator" means an independent nonprofit agency selected through a competitive procurement process to: (A) secure, coordinate, and manage substitute care services and case management services in a geographically designated area of the state; and (B) ensure continuity of care for a child referred to the administrator by the department and the child's family from the day a child enters the child protective services system until the child leaves the system. (6) "Privatize" means to contract with a private entity to provide certain governmental services. (7) "Substitute care provider" means a child-care institution or a child-placing agency, as defined by Section 42.002. (8) "Substitute care services" means services provided to or for children in substitute care and their families, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation of the adoption process, family preservation, independent living, emergency shelter, residential group care, foster care, therapeutic foster care, and post-placement supervision, including relative placement. The term does not include the regulation of facilities under Subchapter C, Chapter 42. Sec. 45.002. PRIVATIZING SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES; DEPARTMENT DUTIES. (a) Not later than September 1, 2008, the department shall complete the statewide privatization of the provision of substitute care and case management services in this state. (b) On and after September 1, 2008: (1) all substitute care and case management services for children for whom the department has been appointed temporary or permanent managing conservator must be provided by child-care institutions and child-placing agencies and managed by independent administrators; and (2) notwithstanding any other law, the department may not directly provide those services. (c) On and after September 1, 2008, the department shall: (1) monitor the quality of services for which the department and each independent administrator contract under this chapter; and (2) ensure that the services are provided in accordance with federal law and the laws of this state, including department rules and rules of the Department of State Health Services and the Texas Commission on Environmental Quality. Sec. 45.003. HIRING PREFERENCE. A substitute care or case management services provider that contracts with the department to provide substitute care services or case management services shall give a preference in hiring to qualified department employees in good standing with the department who provide substitute care or case management services and whose positions with the department may be eliminated as a result of the privatization of substitute care and case management services.
[Sections 45.004-45.050 reserved for expansion]
SUBCHAPTER B. DEPARTMENT DUTIES
Sec. 45.051. REORGANIZING STAFF RESPONSIBILITIES. Not later than March 1, 2006, the department shall develop a plan for reorganizing the department's operation to support future procurement of, contracting with, and monitoring of private contractors and enforcement of the licensing of facilities. The plan must include provisions for reducing duplication of the department's program monitoring activities. Sec. 45.052. FINANCING. The department shall create financing and payment arrangements that provide incentives for an independent administrator and its subcontract providers to achieve safety, permanency, and well-being outcomes and improved system performance. In developing this financing arrangement, the department shall examine: (1) the use of case rates or performance-based fee-for-service contracts that include incentive payments or payment schedules that link reimbursement to results; and (2) ways to reduce a contractor's financial risk that could jeopardize the solvency of the contractor, including the use of a risk-reward corridor that limits risk of loss and potential profits or the establishment of a statewide risk pool. Sec. 45.053. ADOPTION OF TRANSITION PLAN. (a) Not later than September 30, 2005, the commission and the department shall submit to the legislature a plan for the development of the transition plan, including the planning structure and process, engagement of stakeholders, and access to experienced consultation and technical assistance. (b) Not later than March 1, 2006, the commission and the department shall, in consultation with private entities under contract to provide substitute care services for the department, including members of the boards of directors of the private entities and other community stakeholders, develop and adopt a substitute care and case management services transition plan consistent with the requirements of Subchapter C. (c) The executive commissioner shall adopt rules to implement the privatization of substitute care and case management services in this state. Sec. 45.054. REGIONAL IMPLEMENTATION. (a) The department shall implement the privatization of substitute care and case management services on a regional basis. The transition plan must include a schedule with deadlines for implementation of the plan in each region of the state. The plan must ensure that the transition is completed in the first region not later than September 1, 2006, and that the transition is completed statewide not later than September 1, 2008. (b) The department may not implement the privatization of substitute care and case management services in a region of the state before the department certifies in writing to the governor and the presiding officer of each house of the legislature that the independent administrator and the private substitute care providers with whom the independent administrator has contracted are ready to provide services and assume all responsibilities transferred under the contract. In making this certification, the department must conduct a readiness assessment before implementing contracts with an independent administrator or a substitute care or case management provider in a region.
[Sections 45.055-45.100 reserved for expansion]
SUBCHAPTER C. TRANSITION PLAN
Sec. 45.101. GOALS FOR PRIVATIZATION. The transition plan adopted under Section 45.053 must provide for a new structural model for the community-centered delivery of substitute care and case management services that is based on a goal of improving protective services, achieving timely permanency for children in substitute care, including family reunification, placement with a relative, or adoption, and improving the overall well-being of children in substitute care consistent with federal and state mandates. Sec. 45.102. TRANSITION PLAN REQUIREMENTS. The transition plan developed by the department and the commission must: (1) identify barriers to privatization, including regional disparities in resources, provider capacity, and population, and propose solutions to stimulate capacity and adjust program delivery; (2) provide details regarding the target population and services by region that will be part of the system redesign, including the number of children and families, historic caseload trends and service utilization information, and projected caseloads; (3) provide details regarding the roles, responsibilities, and authority assigned to the public and private entities, including the department, independent administrators, and substitute care and case management providers, in making key decisions throughout the child and family case; (4) include an implementation plan to transfer all foster homes certified by the department to private child-placing agencies, ensuring minimum disruption to the children in foster care and to current foster parents; (5) include a process for assessing each child who is transferred to a private nonprofit substitute care provider to verify the child's service needs; (6) include an implementation plan to transfer all adoption services to private agencies, including details of how and when cases will be transferred and how adoption provider contracts and reimbursements methods will be structured; (7) describe the process to transfer the duties of case management and family services from department staff to private agency staff, including the integration of family group conferencing into private agency case management; (8) describe the manner in which the department will procure and contract for kinship services that are funded by the state; (9) provide details regarding financial arrangements and performance expectations for independent administrators and substitute care and case management providers that: (A) provide incentives for desired results and explicit contract performance and outcome indicators; (B) describe how various risk-based arrangements will be weighed and realistically assessed using sound actuarial data and risk modeling and how mechanisms will be selected to limit uncontrollable risks that could threaten provider stability and quality; (C) describe how financing options will increase flexibility to promote innovation and efficiency in service delivery; and (D) provide balance between control over key decisions and the level of risk the contractor assumes; (10) require the department to enter into contracts for the provision of substitute care and case management services as required by Section 264.106, Family Code, and describe the procurement and contracting process, including: (A) stating how the department will shift from an open-enrollment system to a competitive procurement system; (B) identifying the services that will be procured and contracted for directly with the department and the services that will be procured by an independent administrator; and (C) developing a procurement and contracting schedule to ensure full implementation not later than September 1, 2008; (11) provide for the implementation of Sections 264.1062 and 264.107, Family Code, by describing each party's responsibility and ensuring that the department retains the legal authority to effectively provide oversight; (12) describe formal training required for department staff, independent administrators, and substitute care and case management providers; (13) define roles and expectations related to reporting and managing data required to ensure quality services and meet state and federal requirements, including data collection responsibilities for an independent administrator and service provider; (14) describe how the transition will impact the state's ability to obtain federal funding and examine options to further maximize federal funding opportunities and increased flexibility; and (15) describe the costs of the transition, the initial start-up costs, and mechanisms to periodically assess the overall adequacy of funds and the fiscal impact of the change.
[Sections 45.103-45.150 reserved for expansion]
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
Sec. 45.151. EXPIRATION. This chapter expires September 1, 2010. SECTION 3. Section 264.106, Family Code, is amended to read as follows: Sec. 264.106. REQUIRED CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES. (a) In this section: (1) "Case management services" has the meaning assigned by Section 45.001, Human Resources Code. (2) "Independent administrator" has the meaning assigned by Section 45.001, Human Resources Code. (3) "Substitute care provider" has the meaning assigned by Section 45.001, Human Resources Code. (4) "Substitute care services" has the meaning assigned by Section 45.001, Human Resources Code. (b) The department shall: (1) assess the need for substitute care and case management services throughout the state; [and] (2) contract with private agencies as part of regional community-centered networks managed by independent administrators [substitute care providers only to the extent necessary to meet the need] for the provision of all necessary substitute care and case management [those] services; and (3) contract with an independent administrator to coordinate and manage all services needed for children in the temporary or permanent managing conservatorship of the department in a designated geographic area. (c) Administrative services to be provided by an independent administrator include: (1) recruiting and subcontracting with community-based substitute care providers to ensure a full array of services in defined geographic areas; (2) managing placements and making referrals for placement based on department-approved protocols; (3) monitoring services delivered by subcontractors; (4) providing training and technical assistance to contract providers; (5) maintaining data systems that support tracking and reporting key performance and outcome data; and (6) ensuring accountability for achieving defined client and system outcomes. (d) [(b) Before contracting with a substitute care provider, the department shall determine whether: [(1) community resources are available to support children placed under the provider's care; and [(2) the appropriate public school district has sufficient resources to support children placed under the provider's care if the children will attend public school. [(c)] In addition to the requirements of Section 40.058(b), Human Resources Code, a contract with an independent administrator [a substitute care provider] must include provisions that: (1) enable the department to monitor the effectiveness of the [provider's] services; [and] (2) specify performance outcomes; and (3) authorize the department to terminate the contract or impose sanctions for a violation of a provision of the contract that specifies performance criteria. (e) A contract with an independent administrator for substitute care and case management services must include department-approved provisions that: (1) enable the independent administrator and the department to: (A) monitor the effectiveness of substitute care and case management services; and (B) specify performance standards and authorize termination of the contract for cause; (2) describe how performance is linked to reimbursement amounts or schedules to provide incentives for desired results; and (3) ensure the ability of small agencies to participate in the provision of services. (f) [(d)] In determining whether to contract with a substitute care provider or an independent administrator, the department shall consider the provider's or administrator's performance under any previous contract [for substitute care services] between the department and the provider or administrator. (g) In consultation with the department, the executive commissioner of the Health and Human Services Commission, by rule, shall establish contracting guidelines for the department under this section designed to prevent potential conflicts of interest between the department and an independent administrator that contracts with the department and between an independent administrator and a provider of substitute care or case management services with whom the independent administrator contracts for services. (h) A contract under this section does not affect the rights and duties of the department in the department's capacity as the temporary or permanent managing conservator of a child. (i) Notwithstanding any other law, on and after September 1, 2008, the department may not directly provide substitute care services for children for whom the department has been appointed temporary or permanent managing conservator. [(e) In this section, "substitute care provider" means a person who provides residential care for children for 24 hours a day, including: [(1) a child-care institution, as defined by Section 42.002, Human Resources Code; [(2) a child-placing agency, as defined by Section 42.002, Human Resources Code; [(3) a foster group home or foster family home, as defined by Section 42.002, Human Resources Code; and [(4) an agency group home or agency home, as defined by Section 42.002, Human Resources Code, other than an agency group home, agency home, or a foster home verified or certified by the department.] SECTION 4. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1062 to read as follows: Sec. 264.1062. MONITORING PERFORMANCE OF SUBSTITUTE CARE AND CASE MANAGEMENT PROVIDERS. (a) The department, in consultation with private entities under contract with an independent administrator to provide substitute care or case management services, shall establish a quality assurance program that uses comprehensive, multitiered assurance and improvement systems based on real-time data to evaluate performance. (b) The contract performance outcomes specified in a contract under Section 264.106 must be consistent with the fiscal goals of privatizing substitute care and case management services and must be within the contractor's authority to deliver. The contract must clearly define the manner in which the substitute care or case management provider's performance will be measured and identify the information sources the department and independent administrator will use to evaluate the performance. SECTION 5. Section 264.107, Family Code, is amended by adding Subsections (c)-(f) to read as follows: (c) The contract between the department and an independent administrator must require the use of real-time technology in the independent administrator's placement system to screen possible placement options for a child and match the child's needs with the most qualified providers with vacancies. (d) The department shall institute a quality assurance system in monitoring the independent administrators to ensure that placement decisions are reliable and are made in a consistent manner. (e) In making placement decisions, an independent administrator shall use clinical protocols to match a child to the most appropriate placement resource. (f) The department shall create a regional advisory council in each region to assist the department and independent administrator in: (1) assessing the need for resources in the region; and (2) locating substitute care services in the region for hard-to-place children. SECTION 6. Section 264.109(c), Family Code, is amended to read as follows: (c) The department and the Title IV-D agency shall execute a memorandum of understanding for the implementation of the provisions of this section and for the allocation to [between] the department [and the agency], consistent with federal laws and regulations, of any child support funds recovered by the Title IV-D agency in substitute care cases. All child support funds recovered under this section and retained by the department [or the Title IV-D agency] and any federal matching or incentive funds resulting from child support collection efforts in substitute care cases shall be in excess of amounts otherwise appropriated to [either] the department [or the Title IV-D agency] by the legislature. SECTION 7. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1095 to read as follows: Sec. 264.1095. CHILD SUPPORT. Unless the department has been assigned support rights under Section 264.109, the department shall file suit for child support under Section 154.001(b) for a child for whom the department has been named temporary managing conservator. SECTION 8. Section 264.113(b), Family Code, as added by Chapter 957, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: (b) An independent administrator [The department] shall encourage private substitute care providers [develop a program] to recruit and retain foster parents from faith-based organizations. As part of the program, the independent administrator or subcontract provider [department] shall: (1) collaborate with faith-based organizations to inform prospective foster parents about the [department's] need for foster parents, the requirements for becoming a foster parent, and any other aspect of the foster care program that is necessary to recruit foster parents; (2) provide training for prospective foster parents recruited under this section; and (3) identify and recommend ways in which faith-based organizations may support persons as they are recruited, are trained, and serve as foster parents. SECTION 9. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.117 to read as follows: Sec. 264.117. MEDICAL PASSPORT. (a) The department shall develop a medical passport for each foster child. The passport must include the child's complete medication, medical, and therapy history, including: (1) immunization history; (2) known medical conditions and allergies or other special health needs; (3) dates of well-baby checks and child physicals; (4) medications prescribed; and (5) the name of the child's primary care physician. (b) The child or the child's caretaker shall present the passport during each physician or therapist visit to ensure that the physician or therapist has a complete record of the child's medical treatment. (c) The passport shall be part of the department's record for the child as long as the child remains in foster care. The passport shall remain with the child as the child changes placements, physicians, or therapists. (d) The department shall develop a procedure for maintaining and updating medical passports. (e) The department shall work with stakeholder groups to create the medical passport. SECTION 10. Section 264.207(b), Family Code, is amended to read as follows: (b) To accomplish the goals stated in Subsection (a), the department shall: (1) establish time frames for the initial screening of families seeking to adopt children; (2) provide for the evaluation of the effectiveness of the department's management-level employees in expeditiously making permanent placements for children; (3) establish, as feasible, comprehensive assessment services in various locations in the state to determine the needs of children and families served by the department; (4) emphasize and centralize the monitoring and promoting of the permanent placement of children receiving department services; (5) establish goals and performance measures in the permanent placement of children; (6) immediately seek private licensed child-placing agencies to place a child in the department's managing conservatorship if the goal of the child's permanency plan is for the child to be adopted [who has been available for permanent placement for more than 90 days]; (7) provide information to private licensed child-placing agencies concerning children under Subdivision (6); (8) provide incentives for a private licensed child-placing agency that places a child, as defined by Section 162.301, under Subdivision (6); (9) encourage foster parents to be approved by the department as both foster parents and adoptive parents; and (10) [address failures by the department's service regions in making permanent placements for children in a reasonable time; and [(11)] require the department's service regions to participate in the Texas Adoption Resources Exchange. SECTION 11. Section 42.002, Human Resources Code, is amended by adding Subdivision (18) to read as follows: (18) "Residential child-care facility" means a facility licensed or certified by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. The term includes child-care institutions, foster group homes, foster homes, agency foster group homes, and agency foster homes. SECTION 12. Section 42.023(b), Human Resources Code, is amended to read as follows: (b) The annual report shall include: (1) a report by regions of applications for licensure or certification, of provisional licenses issued, denied, or revoked, of licenses issued, denied, suspended, or revoked, of emergency closures and injunctions, and of the compliance of state-operated agencies, if such agencies exist, with certification requirements; (2) a summary of the training programs required under Section 42.04412 and their effectiveness [amount and kind of in-service training and other professional development opportunities provided for department staff]; (3) a summary of training and other professional development opportunities offered to facilities' staffs; [and] (4) a report of new administrative procedures, of the number of staff and staff changes, and of plans for the coming year; and (5) a report of trends in licensing violations on a statewide and regional basis and any department plans to address those trends through the provision of technical assistance. SECTION 13. Subchapter B, Chapter 42, Human Resources Code, is amended by adding Section 42.025 to read as follows: Sec. 42.025. STATE ADVISORY COMMITTEE ON LICENSING. (a) The executive commissioner shall establish a State Advisory Committee on Licensing. (b) The advisory committee shall be composed of members from the public and private sectors, including: (1) representatives of each type of licensed residential child-care facility; (2) a department employee who performs functions relating to licensing; and (3) a representative of the community. (c) The department shall provide staff necessary for the advisory committee. (d) The advisory committee shall meet at least annually. (e) The advisory committee shall receive and review the annual report required under Section 42.023 and make recommendations to the department with respect to: (1) improving consistency in the enforcement of licensing requirements; (2) the provision of advanced training; (3) the revision of licensing standards; and (4) technical assistance necessary to improve the quality of care based on the information reported regarding violations of licensing standards. (f) Chapter 2110, Government Code, does not apply to the committee. SECTION 14. (a) Section 42.042, Human Resources Code, is amended by adding Subsections (d-1), (h-1), (h-2), and (q) to read as follows: (d-1) The department shall provide a standard inspection checklist and other forms for use in conducting inspections of residential child-care facilities and issuing inspection reports. (h-1) The department shall evaluate minimum standards for residential child-care facilities and child-placing agencies promulgated under this section and shall: (1) classify each minimum standard as: (A) an immediate health and safety issue; (B) a procedural issue; or (C) an administrative function; and (2) assign a priority designation to each standard within a classification that identifies the degree of risk that the issue that is the subject of the standard presents to a child's health and safety. (h-2) In developing a methodology to classify and assign risk designations to minimum standards under Subsection (h-1), the department shall: (1) consult with a committee appointed by the executive commissioner and composed of representatives of public and private entities; and (2) test any potential methodology for accuracy when applied to the state's licensing standards. (q) The executive commissioner shall require residential child-care facilities and child-placing agencies to immediately report to the department when the facility or agency determines that a child is missing or if there is a serious incident involving a child, including death or serious injury, abuse or neglect, or arrest or truancy. (b) Not later than September 1, 2006, the Department of Family and Protective Services shall: (1) develop the methodology for a classification and risk-analysis system in accordance with Sections 42.042(h-1) and (h-2), Human Resources Code, as added by this section; and (2) classify and assign priority designations to each minimum standard described by Section 42.042(h-1), Human Resources Code, as added by this section. SECTION 15. The heading to Section 42.0441, Human Resources Code, is amended to read as follows: Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES. SECTION 16. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.04411 to read as follows: Sec. 42.04411. INSPECTION RESULTS AND EXIT CONFERENCE FOR RESIDENTIAL CHILD-CARE FACILITIES. (a) On completion of an inspection of a residential child-care facility under Section 42.044, the inspector shall hold an exit conference with a representative of the inspected facility. The inspector shall provide to the representative: (1) a copy of the inspection checklist used by the inspector; and (2) a list of violations discovered during the inspection that includes specific references to the minimum standards related to the violations and the level of risk assigned to those standards in accordance with Section 42.042(h-1). (b) The inspector shall provide the representative an opportunity to respond to the violations discovered during the inspection. (c) If, after holding an exit conference, the inspector finds additional violations in a subsequent inspection, the inspector shall conduct another exit conference to provide the information required by Subsection (a) with respect to the additional violations. SECTION 17. (a) Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.04412 to read as follows: Sec. 42.04412. QUALIFICATIONS AND TRAINING FOR CERTAIN INSPECTORS AND INVESTIGATORS; EXAMINATION. (a) The department shall use qualified individuals to inspect residential child-care facilities and conduct investigations of those facilities under this chapter. An individual is qualified to serve as an inspector or investigator if the individual: (1) holds at least a master's degree or has at least three years of relevant work experience; and (2) passes the examination required by Subsection (b) to be administered after completion of training. (b) The department shall develop and administer competency-based examinations for department employees who inspect residential child-care facilities or conduct investigations of those facilities under this chapter. The department shall administer one examination to each employee before the employee begins a training program under Subsection (c) and another examination after the employee completes the training program. (c) The department shall develop and administer training programs to provide appropriate competency-based training to department employees who inspect residential child-care facilities or conduct investigations of those facilities under this chapter. (d) Annually, the department shall evaluate and determine the effectiveness of the training programs required under Subsection (c) in providing consistent training on the interpretation and enforcement of licensing standards for residential child-care facilities. In conducting the evaluation, the department shall determine the number of residential child-care facility licensing violations identified throughout the state and, based on that information, identify any regional discrepancies in licensing enforcement. (b) Not later than January 1, 2006, the Department of Family and Protective Services shall develop and begin administering the examinations and training programs for inspectors and investigators required by Section 42.04412, Human Resources Code, as added by this section. (c) The qualifications listed under Section 42.04412(a), Human Resources Code, as added by this section, apply to an employee of the Department of Family and Protective Services who conducts an inspection or investigation of a residential child-care facility on or after March 1, 2006. SECTION 18. Section 42.046(c), Human Resources Code, is amended to read as follows: (c) After receiving an application, the department shall investigate the applicant and the plan of care for children, if applicable. As part of the investigation, the department shall require the applicant to provide information about the applicant's compliance history with the regulatory requirements in any other state in which the applicant provides or provided similar services. The department shall verify the compliance history of each applicant. SECTION 19. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.062 to read as follows: Sec. 42.062. CERTAIN EMPLOYMENT PROHIBITED. A residential child-care facility may not employ in any capacity a person who is not eligible to receive a license or certification for the operation of a residential child-care facility under Section 42.072(c-1). SECTION 20. Section 42.072, Human Resources Code, is amended by adding Subsection (c-1) to read as follows: (c-1) Notwithstanding Subsection (c), the department may not, before the fifth anniversary of the date the revocation took effect, issue a license or certification for the operation of a residential child-care facility to a person who previously operated or served as an officer, director, or board officer of a residential child-care facility at the time of the occurrence of conduct that resulted in the license or certification of the facility being revoked by the department or by court order. SECTION 21. (a) Not later than December 1, 2005, the Department of Family and Protective Services shall develop a plan to improve: (1) the training provided to personnel who conduct investigations of child abuse and neglect; (2) the protocols for conducting investigations; and (3) the coordination of investigations between the department and law enforcement agencies. (b) The plan must be finalized by a work group consisting of: (1) employees of the Department of Family and Protective Services and law enforcement professionals who have responsibility for investigating reports of child abuse and neglect; and (2) employees of the courts that handle child protective cases. SECTION 22. The change in law made by Section 264.106, Family Code, as amended by this Act, applies only to a contract for substitute care services or case management services that is entered into or renewed on or after the effective date of this Act. A contract that is entered into or renewed before the effective date of this Act is governed by the law in effect on the date the contract was entered into or renewed, and the former law is continued in effect for that purpose. SECTION 23. This Act takes effect September 1, 2005.