By: Nelson, Davis  S.B. No. 69
         (In the Senate - Filed November 10, 2008; February 10, 2009,
  read first time and referred to Committee on Health and Human
  Services; March 30, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 30, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 69 By:  Huffman
 
 
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 may 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, Family Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  The department shall study the feasibility of
  implementing a financial incentive program to encourage foster
  children to achieve and maintain the progress goals set under each
  child's individualized treatment or service plan. At a minimum,
  the study must include an analysis of the cost, benefits, and types
  of incentives that would be of value to foster children. Not later
  than December 1, 2010, the department shall report its findings and
  recommendations to the speaker of the house of representatives, the
  lieutenant governor, the House Human Services Committee or its
  successor, and the Senate Committee on Health and Human Services or
  its successor. This subsection expires January 1, 2011.
         SECTION 3.  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 or as otherwise provided by a court
  order, 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 SURVEY. (a)  The department shall adopt
  a policy that provides for an exit survey 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 surveys to the speaker of the house of representatives, the
  lieutenant governor, the House Human Services Committee or its
  successor, and the Senate Committee on Health and Human Services or
  its successor.
         SECTION 4.  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 intends to reside to assist the
  individual in obtaining employment, job training, educational
  services, housing, food, and health care.  If there are no community
  resources available in the county in which the individual intends
  to reside, the department shall ensure that the individual receives
  information about any community resources that are available in the
  surrounding counties.
         SECTION 5.  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 may
  provide mentoring services to the child's parents to assist the
  child's parents in complying with the terms of the service plan.
         SECTION 6.  Subsections (d), (e), and (f), Section 42.0221,
  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 department's policies, standards, and
  procedures relating to the licensing of foster care providers and
  consider modifications to the policies, standards, and procedures
  to increase the capacity of a foster care provider while continuing
  to ensure the health and safety of children placed in the care of
  the foster care provider.
         (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 7.  This Act takes effect September 1, 2009.
 
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