81R1283 MCK-D

By: Nelson S.B. No. 69

A BILL TO BE ENTITLED

AN ACT

relating to child protective services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 264, Family Code, is amended by adding Section 264.015 to read as follows:

Sec. 264.015. COLOCATION OF CERTAIN EMPLOYEES. (a) In this section, "conservatorship services" has the meaning assigned by Section 264.106.

(b) To the extent feasible, the department shall contract with child-placing agencies throughout the state for the child-placing agencies to provide office space for department employees who provide conservatorship services and employees who perform licensing functions.

SECTION 2. Section 264.101(d), Family Code, is amended to read as follows:

(d) The executive commissioner of the Health and Human Services Commission may adopt rules that establish criteria and guidelines for the payment of foster care, including medical care, for a child and for providing care for a child after the child becomes 18 years of age if the child is regularly attending an institution of higher education or a vocational or technical program. The criteria and guidelines for the payment of foster care must ensure that foster care providers whose foster children achieve and maintain the progress goals set under each child's individualized treatment or service plan are paid a higher rate than foster care providers whose foster children fail to achieve or maintain the progress goals.

SECTION 3. Sections 264.106(c) and (e), Family Code, are amended to read as follows:

(c) The department shall develop a pilot program for the competitive procurement of case management services in one or more geographic areas of the state. The department shall contract with one or more substitute care providers to provide case management services under the pilot program. The department shall have a goal of privatizing case management services in 10 [five] percent of the cases in which the department has been appointed temporary or permanent managing conservator of a child.

(e) In addition to the requirements of Section 40.058(b), Human Resources Code, a contract authorized under this section must include provisions that:

(1) enable the department to monitor the effectiveness of the services;

(2) specify performance outcomes;

(3) authorize the department to terminate the contract or impose sanctions for a violation of a provision of the contract that specifies performance criteria;

(4) ensure that a private agency that is providing substitute care or case management services for a child shall provide to the child's attorney ad litem and guardian ad litem access to the agency's information and records relating to the child;

(5) authorize the department, an agent of the department, and the state auditor to inspect all books, records, and files maintained by a contractor relating to the contract; [and]

(6) the department determines are necessary to ensure accountability for the delivery of services and for the expenditure of public funds; and

(7) ensure that a private agency that is providing case management services for a child:

(A) uses relative caregivers, as defined by Section 264.751, whenever possible; and

(B) provides family-based safety services, as described by department rule.

SECTION 4. Section 264.1075, Family Code, is amended by adding Subsection (c) to read as follows:

(c) The department may not reassess the substitute care placement of a child identified as requiring specialized or intense-level services, as described by department rule, more often than once every six months.

SECTION 5. Subchapter B, Chapter 264, Family Code, is amended by adding Sections 264.119 and 264.120 to read as follows:

Sec. 264.119. NOTICE OF CHANGE OF PLACEMENT. (a) Except in the case of an emergency, the department must provide written notice to the substitute care provider and any child-placing agency involved with the child before the department may change the child's substitute care provider.

(b) The department must provide the notice required under Subsection (a) not later than the fifth day before the date the child's substitute care provider is changed.

Sec. 264.120. EXIT INTERVIEW. (a) The department shall adopt a policy that provides for an exit interview of each foster parent who decides to leave the foster care system.

(b) The department shall encourage the foster parent to state in the foster parent's own words the reasons why the foster parent decided to leave the foster care system.

(c) Not later than December 1 of each odd-numbered year, the department shall submit a report summarizing the results of the exit interviews to the speaker of the house of representatives, the lieutenant governor, the House Human Services Committee or its successor, and the Senate Health and Human Services Committee or its successor.

SECTION 6. Section 264.121, Family Code, is amended by adding Subsection (d) to read as follows:

(d) The department shall ensure that each individual enrolled in the Preparation for Adult Living Program receives information about the community resources that are available in the county in which the individual resides to assist the individual in obtaining employment, job training, educational services, housing, food, and health care.

SECTION 7. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.123 to read as follows:

Sec. 264.123. FOSTER PARENT MENTORS. The department shall establish a program under which the foster parents of a child provide mentoring services to the child's parents to assist the child's parents in complying with the terms of the service plan.

SECTION 8. Sections 42.0221(d), (e), and (f), Human Resources Code, are amended to read as follows:

(d) The committee shall meet three times [twice] a year at the call of the presiding officer. At least one meeting each year must provide an opportunity for public testimony.

(e) The committee shall review and analyze the information provided by the department and committee members and shall make recommendations for policy and statutory changes relating to licensing standards and facility inspections. The review and analysis by the committee shall include the analysis of:

(1) the deaths of children who are in substitute care, including reports and findings of child fatality review teams under Subchapter F, Chapter 264, Family Code;

(2) the types of licensing violations for each weighted risk and region;

(3) the details of administrative reviews and appeals; [and]

(4) the type of technical assistance provided and the qualifications of those providing technical assistance; and

(5) the ways the licensing requirements for substitute care providers impair the department's ability to recruit and retain substitute care providers.

(f) The committee shall report its findings and recommendations to the department and the legislature not later than September [December] 1 of each year.

SECTION 9. Section 45.002(a), Human Resources Code, is amended to read as follows:

(a) Not later than September 1, 2011 [2008], the department shall contract with one or more providers of case management services in one or more geographic areas of the state as provided by Section 264.106, Family Code, with a goal of contracting for those services in 10 [five] percent of the cases in this state.

SECTION 10. This Act takes effect September 1, 2009.