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A BILL TO BE ENTITLED
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AN ACT
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relating to caregiver screening and training by substitute care |
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providers for children in the conservatorship of the Department of |
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Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.058, Human Resources Code, is amended |
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by adding Subsections (f), (g), and (h) to read as follows: |
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(f) A contract for residential child-care services provided |
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by a general residential operation or by a child-placing agency |
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must include provisions that: |
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(1) enable the department to monitor the effectiveness |
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of the services; |
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(2) specify performance outcomes; |
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(3) authorize the department to terminate the contract |
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or impose sanctions for a violation of a provision of the contract |
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that specifies performance criteria; |
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(4) authorize the department, an agent of the |
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department, and the state auditor to inspect all books, records, |
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and files maintained by a contractor relating to the contract; and |
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(5) are necessary, as determined by the department, to |
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ensure accountability for the delivery of services and for the |
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expenditure of public funds. |
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(g) A contract with a private agency for the provision of |
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substitute care or case management services for a child must |
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include provisions that require the agency to provide access to the |
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agency's information and records relating to the child to the |
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child's attorney ad litem and guardian ad litem. |
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(h) In contracting with licensed child-placing agencies for |
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residential child-care services, the department shall: |
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(1) determine and evaluate, using best practice |
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standards, the home screening, assessment, and preservice training |
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requirements used by substitute care providers before the |
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verification and approval of caregivers, including: |
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(A) risk assessment evaluations used; and |
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(B) the curriculum and models used and topics |
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covered in caregiver training; and |
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(2) publish on the department's Internet website the |
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information collected by the department regarding the curriculum |
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and training models used and topics covered during caregiver |
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training by substitute care providers. |
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SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0537 to read as follows: |
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Sec. 42.0537. CAREGIVER TRAINING REQUIREMENT. (a) The |
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department shall include a provision in each contract with a |
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child-placing agency with whom children in the managing |
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conservatorship of the department are placed that requires the |
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child-placing agency to provide at least 35 hours of |
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competency-based, preservice training to a potential caregiver |
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before the child-placing agency verifies or approves the caregiver |
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as a foster or adoptive home. |
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(b) The department shall adopt policies to ensure that each |
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potential caregiver receives at least 35 hours of competency-based, |
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preservice training before the department verifies or approves the |
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caregiver as a foster or adoptive home. |
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SECTION 3. Section 40.058(b-1), Human Resources Code, is |
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repealed. |
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SECTION 4. The preservice training requirement under |
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Section 42.0537, Human Resources Code, as added by this Act, does |
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not apply to an individual who was verified or approved as a |
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caregiver by a substitute care provider before the effective date |
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of this Act, to an individual who is in the process of being |
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verified or approved as a caregiver by a substitute care provider on |
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the effective date of this Act, or to an individual who has been |
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designated as a kinship caregiver and who, on the effective date of |
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this Act, is pursuing verification or licensure as a foster parent |
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or approval as an adoptive parent with the Department of Family and |
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Protective Services. |
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SECTION 5. This Act takes effect September 1, 2015. |