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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. Sections 264.106(b) and (e), Family Code, are |
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amended to read as follows: |
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(b) The department shall[, in accordance with Chapter 45,
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Human Resources Code]: |
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(1) assess the need for substitute care services |
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throughout the state; |
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(2) contract with substitute care providers for the |
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provision of all necessary substitute care services when the |
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department determines that entering into a contract will improve |
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services to children and families; |
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(3) monitor the quality of services for which the |
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department contracts under this section; |
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(4) 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; |
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(5) 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; and |
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(6) [(4)] ensure that the services are provided in |
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accordance with federal law and the laws of this state, including |
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department rules and rules of the Department of State Health |
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Services and the Texas Commission on Environmental Quality. |
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(e) In addition to the requirements of Section 40.058(b), |
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Human Resources Code, a contract authorized under this section must |
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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) ensure that a private agency that is providing |
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substitute care or case management services for a child shall |
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provide to the child's attorney ad litem and guardian ad litem |
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access to the agency's information and records relating to the |
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child; |
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(5) 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; |
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(6) require each substitute care provider to provide |
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at least 35 hours of competency-based, preservice training to |
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potential caregivers before verifying or approving the caregiver; |
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and |
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(7) [(6)] the department determines are necessary 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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SECTION 2. This Act takes effect September 1, 2015. |