By: Thompson of Harris (Senate Sponsor - Uresti) H.B. No. 2630
         (In the Senate - Received from the House April 27, 2015;
  May 4, 2015, read first time and referred to Committee on Health
  and Human Services; May 22, 2015, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2630 By:  Uresti
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain programs provided to families of children at
  risk for abuse and neglect.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 264.201(d), Family Code, is amended to
  read as follows:
         (d)  The services may include in-home programs, parenting
  skills training, youth coping skills, and individual and family
  counseling.  If the department requires or a court orders parenting
  skills training services through a parenting education program, the
  program must be an evidence-based or promising practice parenting
  education program described by Section 265.101 that is provided in
  the community in which the family resides, if available.
         SECTION 2.  Chapter 265, Family Code, is amended by
  designating Sections 265.001, 265.002, 265.003, and 265.004 as
  Subchapter A and adding a subchapter heading to read as follows:
  SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES
         SECTION 3.  Section 265.004, Family Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  To the extent that money is appropriated for the
  purpose, the department shall fund evidence-based programs,
  including parenting education, home visitation, family support
  services, mentoring, positive youth development programs, and
  crisis counseling, offered by community-based organizations that
  are designed to prevent or ameliorate child abuse and neglect.  The
  [evidence-based] programs funded under this subsection may be
  offered by a child welfare board established under Section 264.005,
  a local governmental board granted the powers and duties of a child
  welfare board under state law, [or] a children's advocacy center
  established under Section 264.402, or other persons determined
  appropriate by the department.
         (a-1)  The department shall ensure that not less than 75
  percent of the money appropriated for parenting education programs
  under Subsection (a) funds evidence-based programs described by
  Section 265.101(b) and that the remainder of that money funds
  promising practice programs described by Section 265.101(c).
         (a-2)  The department shall actively seek and apply for any
  available federal funds to support parenting education programs
  provided under this section.
         SECTION 4.  Subchapter A, Chapter 265, Family Code, as added
  by this Act, is amended by adding Section 265.005 to read as
  follows:
         Sec. 265.005.  STRATEGIC PLAN. (a)  The department shall
  develop and implement a five-year strategic plan for prevention and
  early intervention services.  Not later than September 1 of the last
  fiscal year in each five-year period, the department shall issue a
  new strategic plan for the next five fiscal years beginning with the
  following fiscal year.
         (b)  A strategic plan required under this section must:
               (1)  identify methods to leverage other sources of
  funding or provide support for existing community-based prevention
  efforts;
               (2)  include a needs assessment that identifies
  programs to best target the needs of the highest risk populations
  and geographic areas;
               (3)  identify the goals and priorities for the
  department's overall prevention efforts;
               (4)  report the results of previous prevention efforts
  using available information in the plan;
               (5)  identify additional methods of measuring program
  effectiveness and results or outcomes;
               (6)  identify methods to collaborate with other state
  agencies on prevention efforts; and
               (7)  identify specific strategies to implement the plan
  and to develop measures for reporting on the overall progress
  toward the plan's goals.
         (c)  The department shall coordinate with interested parties
  and communities in developing the strategic plan under this
  section.
         (d)  The department shall annually update the strategic plan
  developed under this section.
         (e)  The department shall post the strategic plan developed
  under this section and any update to the plan on its Internet
  website.
         SECTION 5.  Subchapter D, Chapter 40, Human Resources Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is transferred to Chapter 265, Family Code,
  redesignated as Subchapter B, Chapter 265, Family Code, and amended
  to read as follows:
  SUBCHAPTER B [D]. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION
  PROGRAMS
         Sec. 265.051 [40.101].  DEFINITIONS. In this subchapter:
               (1)  "Children's trust fund" means a child abuse and
  neglect primary prevention program.
               (2)  "Primary prevention" means services and
  activities available to the community at large or to families to
  prevent child abuse and neglect before it occurs.  The term includes
  infant mortality prevention education programs.
               (3)  "Operating fund" means the Department of Family
  and Protective Services child abuse and neglect prevention
  operating fund account.
               (4)  "State agency" means a board, commission,
  department, office, or other state agency that:
                     (A)  is in the executive branch of the state
  government;
                     (B)  was created by the constitution or a statute
  of this state; and
                     (C)  has statewide jurisdiction.
               (5)  "Trust fund" means the child abuse and neglect
  prevention trust fund account.
         Sec. 265.052 [40.102].  CHILD ABUSE AND NEGLECT PRIMARY
  PREVENTION PROGRAMS. (a)  The department shall operate the
  children's trust fund to:
               (1)  set policy, offer resources for community primary
  prevention programs, and provide information and education on
  prevention of child abuse and neglect;
               (2)  develop a state plan for expending funds for child
  abuse and neglect primary prevention programs that includes an
  annual schedule of transfers of trust fund money to the operating
  fund;
               (3)  develop eligibility criteria for applicants
  requesting funding for child abuse and neglect primary prevention
  programs; and
               (4)  establish funding priorities for child abuse and
  neglect primary prevention programs.
         (b)  The children's trust fund shall accommodate the
  department's existing rules and policies in procuring, awarding,
  and monitoring contracts and grants.
         (c)  The department may:
               (1)  apply for and receive funds made available by the
  federal government or another public or private source for
  administering programs under this subchapter and for funding for
  child abuse and neglect primary prevention programs; and
               (2)  solicit donations for child abuse and neglect
  primary prevention programs.
         Sec. 265.053 [40.104].  ADMINISTRATIVE AND OTHER COSTS.
  (a)  Administrative costs under this subchapter during any fiscal
  year may not exceed an amount equal to 50 percent of the interest
  credited to the trust fund during the preceding fiscal year.
         (b)  Funds expended under a special project grant from a
  governmental source or a nongovernmental source for public
  education or public awareness may not be counted as administrative
  costs for the purposes of this section.
         Sec. 265.054 [40.105].  CHILD ABUSE AND NEGLECT PREVENTION
  TRUST FUND ACCOUNT. (a)  The child abuse and neglect prevention
  trust fund account is an account in the general revenue fund.  Money
  in the trust fund is dedicated to child abuse and neglect primary
  prevention programs.
         (b)  The department may transfer money contained in the trust
  fund to the operating fund at any time. However, during a fiscal
  year the department may not transfer more than the amount
  appropriated for the operating fund for that fiscal year. Money
  transferred to the operating fund that was originally deposited to
  the credit of the trust fund under Section 118.022, Local
  Government Code, may be used only for child abuse and neglect
  primary prevention programs.
         (c)  Interest earned on the trust fund shall be credited to
  the trust fund.
         (d)  The trust fund is exempt from the application of Section
  403.095, Government Code.
         (e)  All marriage license fees and other fees collected for
  and deposited in the trust fund and interest earned on the trust
  fund balance shall be appropriated each biennium only to the
  operating fund for [primary] child abuse and neglect primary
  prevention programs.
         Sec. 265.055 [40.106].  DEPARTMENT OPERATING FUND ACCOUNT.
  (a)  The operating fund is an account in the general revenue fund.
         (b)  Administrative and other costs allowed in Section
  265.053 [40.104] shall be taken from the operating fund. The
  department may transfer funds contained in the operating fund to
  the trust fund at any time.
         (c)  The legislature may appropriate the money in the
  operating fund to carry out the provisions of this subchapter.
         (d)  The operating fund is exempt from the application of
  Section 403.095, Government Code.
         Sec. 265.056 [40.107].  CONTRIBUTIONS. (a)  The department
  may solicit contributions from any appropriate source.
         (b)  Any other contributions for child abuse and neglect
  primary prevention or other prevention and early intervention
  programs shall be deposited into a separate designated fund in the
  state treasury and shall be used for that designated purpose.
         (c)  A person may contribute funds to either the trust fund,
  the operating fund, or a fund designated by the department for a
  specific child abuse and neglect primary prevention or other
  prevention or early intervention purpose.
         (d)  If a person designates that a contribution is intended
  as a donation to a specific fund, the contribution shall be
  deposited in the designated fund.
         SECTION 6.  Section 40.0561, Human Resources Code, is
  transferred to Subchapter B, Chapter 265, Family Code, as
  transferred and redesignated from Subchapter D, Chapter 40, Human
  Resources Code, by this Act, and redesignated as Section 265.057,
  Family Code, to read as follows:
         Sec. 265.057  [40.0561].  COMMUNITY YOUTH DEVELOPMENT
  GRANTS. (a)  Subject to available funding, the department shall
  award community youth development grants to communities identified
  by incidence of crime. The department shall give priority in
  awarding grants under this section to areas of the state in which
  there is a high incidence of juvenile crime.
         (b)  The purpose of a grant under this section is to assist a
  community in alleviating conditions in the family and community
  that lead to juvenile crime.
         SECTION 7.  Chapter 265, Family Code, is amended by adding
  Subchapter C to read as follows:
  SUBCHAPTER C.  PARENTING EDUCATION
         Sec. 265.101.  PARENTING EDUCATION PROGRAMS. (a) A
  parenting education program provided by the department must be an
  evidence-based program or a promising practice program described by
  this section.
         (b)  An evidence-based program is a parenting education
  program that:
               (1)  is research-based and grounded in relevant,
  empirical knowledge and program-determined outcomes;
               (2)  has comprehensive standards ensuring the highest
  quality service delivery with continuous improvement in the quality
  of service delivery;
               (3)  has demonstrated significant positive short-term
  and long-term outcomes; 
               (4)  has been evaluated by at least one rigorous,
  random, controlled research trial across heterogeneous populations
  or communities with research results that have been published in a
  peer-reviewed journal;
               (5)  substantially complies with a program manual or
  design that specifies the purpose, outcomes, duration, and
  frequency of the program services; and
               (6)  employs well-trained and competent staff and
  provides continual relevant professional development opportunities
  to the staff.
         (c)  A promising practice program is a parenting education
  program that:
               (1)  has an active impact evaluation program or
  demonstrates a schedule for implementing an active impact
  evaluation program;
               (2)  has been evaluated by at least one outcome-based
  study demonstrating effectiveness or random, controlled trial in a
  homogeneous sample;
               (3)  substantially complies with a program manual or
  design that specifies the purpose, outcomes, duration, and
  frequency of the program services;
               (4)  employs well-trained and competent staff and
  provides continual relevant professional development opportunities
  to the staff; and
               (5)  is research-based and grounded in relevant,
  empirical knowledge and program-determined outcomes.
         Sec. 265.102.  OUTCOMES OF EVIDENCE-BASED PARENTING
  EDUCATION. The department shall ensure that a parenting education
  program provided under this chapter achieves favorable behavioral
  outcomes in at least two of the following areas:
               (1)  improved cognitive development of children;
               (2)  increased school readiness of children;
               (3)  reduced child abuse, neglect, and injury;
               (4)  improved child safety;
               (5)  improved social-emotional development of
  children;
               (6)  improved parenting skills, including nurturing
  and bonding;
               (7)  improved family economic self-sufficiency;
               (8)  reduced parental involvement with the criminal
  justice system; and
               (9)  increased paternal involvement and support.
         Sec. 265.103.  EVALUATION OF EVIDENCE-BASED PARENTING
  EDUCATION. (a) The department shall adopt outcome indicators to
  measure the effectiveness of parenting education programs provided
  under this chapter in achieving desired outcomes.
         (b)  The department may work directly with the model
  developer of a parenting education program to identify appropriate
  outcome indicators for the program and to ensure that the program
  substantially complies with the model.
         (c)  The department shall develop internal processes to
  share information with parenting education programs to assist the
  department in analyzing the performance of the programs.
         (d)  The department shall use information obtained under
  this section to:
               (1)  monitor parenting education programs;
               (2)  continually improve the quality of the programs;
  and
               (3)  evaluate the effectiveness of the programs.
         Sec. 265.1035.  INITIAL REPORT. (a) Not later than December
  1, 2016, the department shall prepare and submit a report on
  state-funded parenting education programs to the standing
  committees of the senate and house of representatives with
  jurisdiction over child protective services.
         (b)  The report submitted under this section must include:
               (1)  the status and a description of the parenting
  education programs implemented and a description of the models
  associated with the programs; and
               (2)  information on the number of families served by
  the programs, including their demographic information.
         (c)  This section expires January 1, 2017.
         Sec. 265.104.  REPORTS TO LEGISLATURE. (a) Not later than
  December 1 of each even-numbered year, the department shall prepare
  and submit a report on state-funded parenting education programs to
  the standing committees of the senate and house of representatives
  with jurisdiction over child protective services.
         (b)  A report submitted under this section must include:
               (1)  a description of the parenting education programs
  implemented and of the models associated with the programs;
               (2)  information on the families served by the
  programs, including the number of families served and their
  demographic information;
               (3)  the goals and achieved outcomes of the programs;
               (4)  information on the cost for each family served,
  including any available third-party return-on-investment analysis;
  and
               (5)  information explaining the percentage of money
  spent on evidence-based programs and on promising practice
  programs.
         Sec. 265.105.  RULES. The executive commissioner of the
  Health and Human Services Commission may adopt rules as necessary
  to implement this subchapter.
         SECTION 8.  Section 40.0523, Human Resources Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is repealed.
         SECTION 9.  The changes in law made by this Act apply only to
  a program provided under Chapter 265, Family Code, on or after the
  effective date of this Act.
         SECTION 10.  Not later than September 1, 2016, the
  Department of Family and Protective Services shall adopt the
  initial strategic plan required by Section 265.005, Family Code, as
  added by this Act.
         SECTION 11.  This Act takes effect September 1, 2015.
 
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