83R9391 KKR-D

By: Dukes H.B. No. 2038

A BILL TO BE ENTITLED

AN ACT

relating to addressing disproportionality and disparities in the education, juvenile justice, child welfare, health, and mental health systems, the continuation and operation of the Interagency Council for Addressing Disproportionality, and the duties of the Center for Elimination of Disproportionality and Disparities.

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

SECTION 1. Chapter 107A, Health and Safety Code, is amended by adding Sections 107A.0021 and 107A.0022 and amending Section 107A.003 to read as follows:

Sec. 107A.0021. DUTIES OF CENTER; REPORT. (a) The center shall:

(1) identify the social determinants and health conditions in most need of high-impact response to address disproportionality and disparities across health and human services agencies;

(2) monitor the implementation of plans to address health disparities across health and human services agencies;

(3) assist the Health and Human Services Commission and any other relevant health and human services, education, juvenile justice, child welfare, and mental health agencies in developing cross-systems performance measures aligned with the components of the Texas model for addressing disproportionality and disparities in the education, juvenile justice, child welfare, health, and mental health systems adopted under Section 2.003(b), Human Resources Code; and

(4) implement the Texas model for addressing disproportionality and disparities in the education, juvenile justice, child welfare, health, and mental health systems adopted under Section 2.003(b), Human Resources Code.

(b) Not later than July 1 of each year, the center shall submit a report to the executive commissioner of the Health and Human Services Commission detailing the center's findings and activities under Subsections (a)(1) and (2).

Sec. 107A.0022. CULTURAL AWARENESS. The center shall:

(1) advise each health and human services, education, juvenile justice, child welfare, and mental health agency on the implementation and delivery of cultural competency training to all service delivery staff, including persons providing service delivery under a single source continuum contract; and

(2) develop collaborative partnerships with community groups, agencies, faith-based organizations, and other community organizations to support the delivery of culturally competent services to children and families of every race and ethnicity.

Sec. 107A.003. FUNDING. The Health and Human Services Commission may distribute to the center unobligated and unexpended appropriations to be used to carry out its powers and perform its duties.

SECTION 2. Section 2.002, Human Resources Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows:

(a) The council consists of:

(1) one representative from each of the following agencies appointed by the executive director, director, or commissioner of each agency:

(A) the Texas Education Agency;

(B) the Center for Elimination of Disproportionality and Disparities within the Health and Human Services Commission;

(C) the Department of Assistive and Rehabilitative Services;

(D) the Department of Aging and Disability Services;

(E) the Department of State Health Services;

(F) the Department of Family and Protective Services;

(G) the Texas Juvenile Justice Department [Youth Commission;

[(H) the Texas Juvenile Probation Commission];

(H) [(I)] the Health and Human Services Commission; and

(I) [(J)] the Office of Court Administration of the Texas Judicial System;

(2) one representative of the office of the attorney general appointed by the attorney general;

(3) one representative of the Permanent Judicial Commission for Children, Youth and Families appointed by the chair of the commission;

(4) four representatives [one representative] of the community appointed by the executive commissioner of the Health and Human Services Commission, including:

(A) one person who works with a community-based organization that works with child welfare, juvenile justice, education, or children's mental health issues;

(B) one person who is a former foster care youth; and

(C) two persons who are current or former recipients of services provided by the child welfare, juvenile justice, education, or children's mental health systems [appointed by the executive commissioner of the Health and Human Services Commission];

(5) one representative of a faith-based community organization appointed by the executive commissioner of the Health and Human Services Commission;

(6) one representative of the criminal justice division of the governor's office appointed by the governor;

(7) [one person who is a former foster care youth appointed by the executive commissioner of the Health and Human Services Commission; and]

[(8)] two representatives of the medical community appointed by the executive commissioner of the Health and Human Services Commission; and

(8) one representative of the business community appointed by the executive commissioner of the Health and Human Services Commission.

(f) A member of the council appointed under Subsection (a)(4), (5), (7), or (8) may not serve on the council for more than two years.

SECTION 3. Sections 2.003, 2.005, and 2.008, Human Resources Code, are amended to read as follows:

Sec. 2.003. COUNCIL DUTIES; TEXAS MODEL FOR ADDRESSING DISPROPORTIONALITY AND DISPARITIES [IN PREPARATION OF REPORT]. (a) The council's duties include:

(1) reviewing the delivery of public and private child welfare, juvenile justice, and mental health services to evaluate the disproportionate rates of use of the services by children who are members of a racial or ethnic minority group;

(2) reviewing the delivery of public education services to determine which of those services are delivered disproportionately to children who are members of a racial or ethnic minority group;

(3) reviewing federal, state, and local funds appropriated to address the disproportionate use of children's services by children who are members of a racial or ethnic minority group;

(4) reviewing current best practice standards addressing the disproportionate use of children's services by children who are members of a racial or ethnic minority group;

(5) examining the qualifications and training of children's service providers and making recommendations for training curriculum and other necessary changes;

(6) recommending methods to improve use of available public and private funds to address the disproportionate use of children's services by children who are members of a racial or ethnic minority group;

(7) providing information concerning identified unmet children's service needs and providing recommendations concerning the development of resources to meet the identified needs;

(8) examining outcomes for children who are members of a racial or ethnic minority group who have exited or will exit the public and private child welfare, juvenile justice, mental health, and education systems; and

(9) recommending administrative and legislative actions related to appropriate programs and services to reduce and eliminate disparities in the systems and improve the long-term outcomes for children who are members of a racial or ethnic minority group who are served by the systems[; and

[(10) preparing a report consisting of the council's findings and recommendations and the presentation of an implementation plan to address disproportionate representation of children who are members of a racial or ethnic minority group in the use of children's services].

(b) Based on its research and findings, the council shall develop and adopt a Texas model for addressing disproportionality and disparities in the education, juvenile justice, child welfare, health, and mental health systems to be implemented across the relevant state agencies.

Sec. 2.005. COUNCIL REPORT. Not later than December 1, 2014 [2012], the council shall prepare and submit to the lieutenant governor, the speaker of the house of representatives, and the legislature a report containing:

(1) the status of the implementation of the Texas model for addressing disproportionality and disparities in the education, juvenile justice, child welfare, health, and mental health systems adopted under Section 2.003(b); [council's findings and recommendations for addressing the disproportionate representation of children who are members of a racial or ethnic minority group in the use of children's services] and

(2) the council's recommendation as to whether to continue the council.

Sec. 2.008. EXPIRATION OF CHAPTER. This chapter expires December 1, 2015 [2013].

SECTION 4. Section 2.004(c), Human Resources Code, is repealed.

SECTION 5. The Center for Elimination of Disproportionality and Disparities within the Health and Human Services Commission is not required to submit the initial report required under Section 107A.0021(b), Health and Safety Code, as added by this Act, before July 1, 2014.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.