85R8472 MK-D

By: Frank H.B. No. 6

A BILL TO BE ENTITLED

AN ACT

relating to the statewide implementation of community-based foster care by the Department of Family and Protective Services.

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

SECTION 1. Section 264.124, Family Code, is amended by adding Subsection (e) to read as follows:

(e) On receipt of the verification required under Subsection (b), or as provided by Subsection (d), the department shall provide monetary assistance to a foster parent for full-time or part-time day care services for a foster child. The department may not deny monetary assistance to the foster parent as long as the foster parent is employed on a full-time or part-time basis.

SECTION 2. (a) Chapter 264, Family Code, is amended by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. COMMUNITY-BASED FOSTER CARE

Sec. 264.151. LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that:

(1) for more than 30 years, the child welfare system in Texas has been centralized and managed by statutes and rules that impose a uniform system on communities statewide and ignore the fundamental differences between regions;

(2) in order for the department to effectively provide child welfare services, as required by state and federal law, fundamental structural changes to the provision of child protective and welfare services are necessary;

(3) child welfare services that are community-based and family-centered, are monitored by community stakeholders, and have effective accountability standards regarding performance outcomes and practices have been found to lead to better outcomes for children who are victims of abuse and neglect;

(4) community-based care would align outcomes to assist the state in achieving the state's goal of substantial gains in comparison to other states under federal metrics regarding outcomes in child safety, permanency, and well-being; and

(5) it should be a goal for the state to achieve a top 10 ranking in the key measures employed by the Administration for Children and Families in the United States Department of Health and Human Services after full implementation of community-based care.

(b) It is the intent of the legislature that the department contract with community-based, nonprofit entities to provide child welfare services, including providing direct case management to ensure child safety, permanency, and well-being, in accordance with state and federal child welfare goals.

(c) It is the intent of the legislature that the provision of community-based foster care for children be implemented with measurable goals relating to:

(1) the safety of children in placements;

(2) the placement of children in each child's home community;

(3) the provision of services to children in the least restrictive environment possible and with minimal placement changes;

(4) the maintenance of contact between children and their families and other important persons;

(5) the placement of children with siblings;

(6) the provision of services that respect each child's culture;

(7) the preparation of children and youth in foster care for adulthood;

(8) the provision of opportunities, experiences, and activities for children and youth in foster care that are available to children and youth who are not in foster care; and

(9) the participation by children and youth in making decisions relating to their own lives.

Sec. 264.152. DEFINITIONS. In this subchapter:

(1) "Babysitter" means a person who is not the foster parent of the child and who provides temporary care for the child for not more than 12 hours.

(2) "Catchment area" means a geographic service area for providing child protective services that is identified as part of the community-based foster care redesign.

(3) "Community-based foster care" means the redesigned foster care services system required by Chapter 598 (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011.

(4) "Overnight care provider" means a person who is not the foster parent of the child and who provides temporary care for the child for more than 12 hours but not more than 72 hours.

(5) "Respite care provider" means a person who is not the foster parent of the child and who provides the temporary care for the child for more than 72 hours but less than 40 days unless the care is provided during a department investigation of a service provider for child abuse or neglect.

Sec. 264.154. STATEWIDE EXPANSION OF COMMUNITY-BASED FOSTER CARE. (a) The department shall, as provided by this section, expand community-based foster care until it has been implemented throughout this state.

(b) Not later than December 31, 2019, the department shall:

(1) identify two catchment areas in the state that are best suited to implement community-based foster care;

(2) create an implementation plan for those catchment areas that includes a timeline for implementation and for the transfer of case management services; and

(3) implement community-based foster care in those catchment areas.

(c) Following the selection of the catchment areas under Subsection (b), the department shall, not later than December 31 of each year, and based on the availability of funding:

(1) identify at least one additional catchment area that is prepared to implement community-based foster care;

(2) provide a report to the legislature that details the selected catchment area; and

(3) begin implementing community-based foster care in that area.

(d) In expanding community-based foster care, the department may change the geographic boundaries of catchment areas as necessary to align with specific communities.

(e) The department shall ensure the continuity of services for children and families during the transition period to community-based foster care in a catchment area.

Sec. 264.155. COMMUNITY ENGAGEMENT OVERSIGHT GROUP. (a) The department shall establish a community engagement oversight group in each catchment area to assist with implementing community-based foster care.

Sec. 264.156. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM CONTRACTOR. To be eligible to enter into a contract with the commission to serve as a single source continuum contractor to provide foster care service delivery, an entity must be a nonprofit entity that:

(1) is licensed as a service provider by the department;

(2) has an organizational mission focused on child welfare; and

(3) has the ability to offer case management services.

Sec. 264.157. REQUIRED CONTRACT PROVISIONS. A contract with a single source continuum contractor to provide foster care services in a catchment area must include provisions that:

(1) specify performance outcomes and financial incentives for exceeding any specified performance outcomes; and

(2) ensure that the single source continuum contractor accurately determines the service level for each child receiving services from the contractor and authorize the department to adjust the daily residential payment rate, as necessary based on the child's level of service.

Sec. 264.158. DUTIES OF SINGLE SOURCE CONTINUUM CONTRACTOR. (a) A single source continuum contractor shall create a single process for the training and use of respite care providers for all child-placing agencies in a catchment area. The single process must:

(1) use a single form for approving respite care providers; and

(2) ensure that respite care providers meet the minimum standards for providers specified by the department.

(b) A single source continuum contractor shall ensure that babysitters and overnight care providers are able to provide services to all child-placing agencies operating in the catchment area. A babysitter or overnight care provider may not provide services if, during the preceding three years, the babysitter or overnight care provider has been the subject of any complaint or has violated any licensing rules or standards.

(c) A single source continuum contractor that provides foster care services in a catchment area may enter into memorandums of understanding with single source continuum contractors providing foster care services in other catchment areas to allow respite care providers, babysitters, and overnight care providers to provide services in multiple catchment areas.

Sec. 264.159. CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT TERMINATION. In each catchment area in which community-based foster care is implemented, the department shall create a contingency plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the single source continuum contractor providing foster care services in that catchment area.

Sec. 264.160. ANNUAL REPORTING. Not later than January 31 of each year, the department shall provide to the speaker of the house, the lieutenant governor, the standing committees of the legislature with jurisdiction over foster care, and the Legislative Budget Board a report containing the data indicators submitted during the previous calendar year to the United States Department of Health and Human Services through the federal adoption and foster care analysis and reporting system and the national child abuse and neglect data system. The department shall also make the data indicators available on the department's Internet website.

(b) Section 264.126, Family Code, is transferred to Subchapter B-1, Chapter 264, Family Code, as added by this section, redesignated as Section 264.153, Family Code, and amended to read as follows:

Sec. 264.153 [264.126]. COMMUNITY-BASED FOSTER CARE [REDESIGN] IMPLEMENTATION PLAN. (a) The department shall develop and maintain a plan for implementing community-based [the] foster care [redesign required by Chapter 598 (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011]. The plan must:

(1) describe the department's expectations, goals, and approach to implementing community-based foster care [redesign];

(2) include a timeline for implementing community-based [the] foster care [redesign] throughout this state, any limitations related to the implementation, and a progressive intervention plan and a contingency plan to provide continuity of foster care service delivery if a contract with a single source continuum contractor ends prematurely;

(3) delineate and define the case management roles and responsibilities of the department and the department's contractors and the duties, employees, and related funding that will be transferred to the contractor by the department;

(4) identify any training needs and include long-range and continuous plans for training and cross-training staff;

(5) include a plan for evaluating the costs and tasks associated with each contract procurement, including the initial and ongoing contract costs for the department and contractor;

(6) include the department's contract monitoring approach and a plan for evaluating the performance of each contractor and the community-based foster care [redesign] system as a whole that includes an independent evaluation of processes and outcomes; and

(7) include a report on transition issues resulting from implementation of community-based [the] foster care [redesign].

(b) The department shall annually:

(1) update the implementation plan developed under this section and post the updated plan on the department's Internet website; and

(2) post on the department's Internet website the progress the department has made toward its goals for implementing community-based [the] foster care [redesign].

SECTION 3. Section 40.032, Human Resources Code, is amended by adding Subsection (h) to read as follows:

(h) In this subsection, "community-based foster care" has the meaning assigned by Section 264.152, Family Code. The department must collaborate with single source continuum contractors to ensure that employees of the department who perform case management functions are given preference for employment by service providers under the community-based foster care service system.

SECTION 4. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.039 to read as follows:

Sec. 40.039. FOSTER CARE SERVICES CONTRACT COMPLIANCE AND OVERSIGHT DIVISION. (a) In this section "community-based foster care" has the meaning assigned by Section 264.152, Family Code.

(b) The department shall create within the department the foster care services contract compliance and oversight division. The division shall oversee contract compliance and achievement of performance-based outcomes by any vendor that provides foster care services for the department under community-based foster care.

SECTION 5. Section 42.042, Human Resources Code, is amended by adding Subsection (s) to read as follows:

(s) The department shall create and implement a process to simplify and streamline the licensing and verification rules for agency foster homes and child-placing agencies.

SECTION 6. The changes in law made by this Act apply only to a contract for foster care services entered into or renewed on or after the effective date of this Act.

SECTION 7. This Act takes effect September 1, 2017.