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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of services provided by the |
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Department of Family and Protective Services, including foster |
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care, child protective, relative and kinship caregiver support, and |
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prevention and early intervention services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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(1) an act by a member of a family or household against |
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another member of the family or household that is intended to result |
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in physical harm, bodily injury, assault, or sexual assault or that |
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is a threat that reasonably places the member in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault, but does |
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not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(C), (E), (G), (H), (I), (J), [and] (K), and (M), by a |
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member of a family or household toward a child of the family or |
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household; or |
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(3) dating violence, as that term is defined by |
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Section 71.0021. |
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SECTION 2. Section 162.005, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The department shall ensure that each licensed |
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child-placing agency, single source continuum contractor, or other |
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person placing a child for adoption receives a copy of any portion |
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of the report prepared by the department. |
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SECTION 3. Section 162.0062, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) If a child is placed with a prospective adoptive |
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parent prior to adoption, the prospective adoptive parent is |
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entitled to examine any record or other information relating to the |
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child's health history, including the portion of the report |
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prepared under Section 162.005 for the child that relates to the |
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child's health. The department, licensed child-placing agency, |
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single source continuum contractor, or other person placing a child |
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for adoption shall inform the prospective adoptive parent of the |
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prospective adoptive parent's right to examine the records and |
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other information relating to the child's health history. The |
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department, licensed child-placing agency, single source continuum |
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contractor, or other person placing the child for adoption shall |
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edit the records and information to protect the identity of the |
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biological parents and any other person whose identity is |
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confidential. |
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SECTION 4. Section 162.007, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (g) to read as |
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follows: |
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(a) The health history of the child must include information |
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about: |
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(1) the child's health status at the time of placement; |
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(2) the child's birth, neonatal, and other medical, |
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psychological, psychiatric, and dental history information, |
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including to the extent known by the department: |
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(A) whether the child's birth mother consumed |
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alcohol during pregnancy; and |
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(B) whether the child has been diagnosed with |
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fetal alcohol spectrum disorder; |
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(3) a record of immunizations for the child; and |
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(4) the available results of medical, psychological, |
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psychiatric, and dental examinations of the child. |
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(g) In this section, "fetal alcohol spectrum disorder" |
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means any of a group of conditions that can occur in a person whose |
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mother consumed alcohol during pregnancy. |
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SECTION 5. Section 261.001(1), Family Code, is amended to |
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read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
|
prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
|
emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or children |
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under Section 21.02, Penal Code, indecency with a child under |
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Section 21.11, Penal Code, sexual assault under Section 22.011, |
|
Penal Code, or aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(F) failure to make a reasonable effort to |
|
prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner that |
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constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, prostitution under Section |
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43.02(b), Penal Code, or compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
|
Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; [or] |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, or the failure to make a reasonable effort to |
|
prevent a child from being trafficked in a manner punishable as an |
|
offense under any of those sections; or |
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(M) forcing or coercing a child to enter into a |
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marriage. |
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SECTION 6. Section 261.001(5), Family Code, is amended to |
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read as follows: |
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(5) "Person responsible for a child's care, custody, |
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or welfare" means a person who traditionally is responsible for a |
|
child's care, custody, or welfare, including: |
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(A) a parent, guardian, managing or possessory |
|
conservator, or foster parent of the child; |
|
(B) a member of the child's family or household |
|
as defined by Chapter 71; |
|
(C) a person with whom the child's parent |
|
cohabits; |
|
(D) school personnel or a volunteer at the |
|
child's school; [or] |
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(E) personnel or a volunteer at a public or |
|
private child-care facility that provides services for the child or |
|
at a public or private residential institution or facility where |
|
the child resides; or |
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(F) an employee, volunteer, or other person |
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working under the supervision of a licensed or unlicensed |
|
child-care facility, including a family home, residential |
|
child-care facility, employer-based day-care facility, or shelter |
|
day-care facility, as those terms are defined in Chapter 42, Human |
|
Resources Code. |
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SECTION 7. Subchapter A, Chapter 261, Family Code, is |
|
amended by adding Section 261.004 to read as follows: |
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Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR |
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NEGLECT REPORTS. (a) The department shall: |
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(1) collect and monitor data regarding repeated |
|
reports of abuse or neglect: |
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(A) involving the same child, including reports |
|
of abuse or neglect of the child made while the child resided in |
|
other households and reports of abuse or neglect of the child by |
|
different alleged perpetrators made while the child resided in the |
|
same household; or |
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(B) by the same alleged perpetrator. |
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(a-1) In monitoring reports of abuse or neglect under |
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Subsection (a), the department shall group together separate |
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reports involving differing children residing in the same |
|
household. |
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(b) The department shall consider any report collected |
|
under Subsection (a) involving any child or adult who is a part of a |
|
child's household when making case priority determinations or when |
|
conducting service or safety planning for the child or the child's |
|
family. |
|
SECTION 8. Section 263.401, Family Code, is amended to read |
|
as follows: |
|
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
|
EXTENSION. (a) Unless the court has commenced the trial on the |
|
merits or granted an extension under Subsection (b) or (b-1), on the |
|
first Monday after the first anniversary of the date the court |
|
rendered a temporary order appointing the department as temporary |
|
managing conservator, the court's jurisdiction over [court shall
|
|
dismiss] the suit affecting the parent-child relationship filed by |
|
the department that requests termination of the parent-child |
|
relationship or requests that the department be named conservator |
|
of the child is terminated and the suit is automatically dismissed |
|
without a court order. |
|
(b) Unless the court has commenced the trial on the merits, |
|
the court may not retain the suit on the court's docket after the |
|
time described by Subsection (a) unless the court finds that |
|
extraordinary circumstances necessitate the child remaining in the |
|
temporary managing conservatorship of the department and that |
|
continuing the appointment of the department as temporary managing |
|
conservator is in the best interest of the child. If the court |
|
makes those findings, the court may retain the suit on the court's |
|
docket for a period not to exceed 180 days after the time described |
|
by Subsection (a). If the court retains the suit on the court's |
|
docket, the court shall render an order in which the court: |
|
(1) schedules the new date on which the suit will be |
|
automatically dismissed if the trial on the merits has not |
|
commenced, which date must be not later than the 180th day after the |
|
time described by Subsection (a); |
|
(2) makes further temporary orders for the safety and |
|
welfare of the child as necessary to avoid further delay in |
|
resolving the suit; and |
|
(3) sets the trial on the merits on a date not later |
|
than the date specified under Subdivision (1). |
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(b-1) If, after commencement of the initial trial on the |
|
merits within the time required by Subsection (a) or (b), the court |
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grants a motion for a new trial or mistrial, or the case is remanded |
|
to the court by an appellate court following an appeal of the |
|
court's final order, the court shall retain the suit on the court's |
|
docket and render an order in which the court: |
|
(1) schedules a new date on which the suit will be |
|
automatically dismissed if the new trial has not commenced, which |
|
must be a date not later than the 180th day after the date on which: |
|
(A) the motion for a new trial or mistrial is |
|
granted; or |
|
(B) the appellate court remanded the case; |
|
(2) makes further temporary orders for the safety and |
|
welfare of the child as necessary to avoid further delay in |
|
resolving the suit; and |
|
(3) sets the new trial on the merits for a date not |
|
later than the date specified under Subdivision (1). |
|
(c) If the court grants an extension under Subsection (b) or |
|
(b-1) but does not commence the trial on the merits before the |
|
dismissal date, the court's jurisdiction over [court shall dismiss] |
|
the suit is terminated and the suit is automatically dismissed |
|
without a court order. The court may not grant an additional |
|
extension that extends the suit beyond the required date for |
|
dismissal under Subsection (b) or (b-1), as applicable. |
|
SECTION 9. Section 264.018, Family Code, is amended by |
|
adding Subsections (d-1) and (d-2) to read as follows: |
|
(d-1) Except as provided by Subsection (d-2), as soon as |
|
possible but not later than 24 hours after a change in placement of |
|
a child in the conservatorship of the department, the department |
|
shall give notice of the placement change to the managed care |
|
organization that contracts with the commission to provide health |
|
care services to the child under the STAR Health program. The |
|
managed care organization shall give notice of the placement change |
|
to the primary care physician listed in the child's health passport |
|
before the end of the second business day after the day the |
|
organization receives the notification from the department. |
|
(d-2) In this subsection, "catchment area" has the meaning |
|
assigned by Section 264.151. In a catchment area in which |
|
community-based care has been implemented, the single source |
|
continuum contractor that has contracted with the commission to |
|
provide foster care services in that catchment area shall, as soon |
|
as possible but not later than 24 hours after a change in placement |
|
of a child in the conservatorship of the department, give notice of |
|
the placement change to the managed care organization that |
|
contracts with the commission to provide health care services to |
|
the child under the STAR Health program. The managed care |
|
organization shall give notice of the placement change to the |
|
child's primary care physician in accordance with Subsection (d-1). |
|
SECTION 10. (a) Subchapter B, Chapter 264, Family Code, is |
|
amended by adding Section 264.1076 to read as follows: |
|
Sec. 264.1076. MEDICAL EXAMINATION REQUIRED. (a) This |
|
section applies only to a child who has been taken into the |
|
conservatorship of the department and remains in the |
|
conservatorship of the department for more than three business |
|
days. |
|
(b) The department shall ensure that each child described by |
|
Subsection (a) is examined by a physician or other health care |
|
provider authorized under state law to conduct medical examinations |
|
not later than the end of the third business day after the date the |
|
child enters the conservatorship of the department. |
|
(c) The department shall collaborate with the commission |
|
and relevant medical practitioners to develop guidelines for the |
|
medical examination conducted under this section, including |
|
guidelines on the components to be included in the examination. |
|
(d) Not later than December 31, 2019, the department shall |
|
submit a report to the standing committees of the house of |
|
representatives and the senate with primary jurisdiction over child |
|
protective services and foster care evaluating the statewide |
|
implementation of the medical examination required by this section. |
|
The report must include the level of compliance with the |
|
requirements of this section in each region of the state. |
|
(b) Section 264.1076, Family Code, as added by this section, |
|
applies only to a child who enters the conservatorship of the |
|
Department of Family and Protective Services on or after the |
|
effective date of this Act. A child who enters the conservatorship |
|
of the Department of Family and Protective Services before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the child entered the conservatorship of the department, and |
|
the former law is continued in effect for that purpose. |
|
(c) The Department of Family and Protective Services shall |
|
implement Section 264.1076, Family Code, as added by this section, |
|
not later than December 31, 2018. |
|
SECTION 11. (a) Subchapter B, Chapter 264, Family Code, is |
|
amended by adding Sections 264.1261 and 264.128 to read as follows: |
|
Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In |
|
this section, "community-based care" has the meaning assigned by |
|
Section 264.151. |
|
(b) Appropriate department management personnel from a |
|
child protective services region in which community-based care has |
|
not been implemented, in collaboration with foster care providers, |
|
faith-based entities, and child advocates in that region, shall use |
|
data collected by the department on foster care capacity needs and |
|
availability of each type of foster care and kinship placement in |
|
the region to create a plan to address the substitute care capacity |
|
needs in the region. The plan must identify both short-term and |
|
long-term goals and strategies for addressing those capacity needs. |
|
(c) A foster care capacity needs plan developed under |
|
Subsection (b) must be: |
|
(1) submitted to and approved by the commissioner; and |
|
(2) updated annually. |
|
(d) The department shall publish each initial foster care |
|
capacity needs plan and each annual update to a plan on the |
|
department's Internet website. |
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Sec. 264.128. SINGLE CHILD PLAN OF SERVICE INITIATIVE. |
|
(a) In this section, "community-based care" has the meaning |
|
assigned by Section 264.151. |
|
(b) In regions of the state where community-based care has |
|
not been implemented, the department shall: |
|
(1) collaborate with child-placing agencies to |
|
implement the single child plan of service model developed under |
|
the single child plan of service initiative; and |
|
(2) ensure that a single child plan of service is |
|
developed for each child in foster care in those regions. |
|
(b) Notwithstanding Section 264.128(b), Family Code, as |
|
added by this section, the Department of Family and Protective |
|
Services shall develop and implement a single child plan of service |
|
for each child in foster care in a region of the state described by |
|
that section not later than September 1, 2017. |
|
SECTION 12. (a) Chapter 264, Family Code, is amended by |
|
adding Subchapter B-1 to read as follows: |
|
SUBCHAPTER B-1. COMMUNITY-BASED CARE |
|
Sec. 264.151. DEFINITIONS. Except as otherwise provided in |
|
this subchapter: |
|
(1) "Case management" means the provision of case |
|
management services to a child for whom the department has been |
|
appointed temporary or permanent managing conservator or to the |
|
child's family, a young adult in extended foster care, a relative or |
|
kinship caregiver, or a child who has been placed in the catchment |
|
area through the Interstate Compact on the Placement of Children, |
|
and includes: |
|
(A) caseworker visits with the child; |
|
(B) family and caregiver visits; |
|
(C) convening and conducting permanency planning |
|
meetings; |
|
(D) the development and revision of child and |
|
family plans of service, including a permanency plan and goals for a |
|
child or young adult in care; |
|
(E) the coordination and monitoring of services |
|
required by the child and the child's family; |
|
(F) the assumption of court-related duties |
|
regarding the child, including: |
|
(i) providing any required notifications or |
|
consultations; |
|
(ii) preparing court reports; |
|
(iii) attending judicial and permanency |
|
hearings, trials, and mediations; |
|
(iv) complying with applicable court |
|
orders; and |
|
(v) ensuring the child is progressing |
|
toward the goal of permanency within state and federally mandated |
|
guidelines; and |
|
(G) any other function or service that the |
|
department determines necessary to allow a single source continuum |
|
contractor to assume responsibility for case management. |
|
(2) "Catchment area" means a geographic service area |
|
for providing child protective services that is identified as part |
|
of community-based care. |
|
(3) "Community-based care" means the foster care |
|
redesign required by Chapter 598 (S.B. 218), Acts of the 82nd |
|
Legislature, Regular Session, 2011, as designed and implemented in |
|
accordance with the plan required by Section 264.152. |
|
Sec. 264.153. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM |
|
CONTRACTOR; SELECTION. (a) 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 has an organizational mission focused on |
|
child welfare or a governmental entity. |
|
(b) In selecting a single source continuum contractor, the |
|
department shall consider whether a prospective contractor for a |
|
catchment area has demonstrated experience in providing services to |
|
children and families in the catchment area. |
|
Sec. 264.154. REQUIRED CONTRACT PROVISIONS. A contract |
|
with a single source continuum contractor to provide |
|
community-based care services in a catchment area must include |
|
provisions that: |
|
(1) establish a timeline for the implementation of |
|
community-based care in the catchment area, including a timeline |
|
for: |
|
(A) case management services for children, |
|
families, and relative and kinship caregivers receiving services in |
|
the catchment area; and |
|
(B) family reunification support services to be |
|
provided for six months after a child receiving services from the |
|
contractor is returned to the child's family; |
|
(2) allow the department to conduct a performance |
|
review of the contractor beginning 18 months after the contractor |
|
has begun providing case management and family reunification |
|
support services to all children and families in the catchment area |
|
and determine if the contractor has achieved any performance |
|
outcomes specified in the contract; |
|
(3) following the review under Subdivision (2), allow |
|
the department to: |
|
(A) impose financial penalties on the contractor |
|
for failing to meet any specified performance outcomes; or |
|
(B) award financial incentives to the contractor |
|
for exceeding any specified performance outcomes; |
|
(4) require the contractor to give preference for |
|
employment to employees of the department: |
|
(A) whose position at the department is impacted |
|
by the implementation of community-based care; and |
|
(B) who are considered by the department to be |
|
employees in good standing; |
|
(5) require the contractor to provide preliminary and |
|
ongoing community engagement plans to ensure communication and |
|
collaboration with local stakeholders in the catchment area, |
|
including any of the following: |
|
(A) community faith-based entities; |
|
(B) the judiciary; |
|
(C) court-appointed special advocates; |
|
(D) child advocacy centers; |
|
(E) service providers; |
|
(F) foster families; |
|
(G) biological parents; |
|
(H) foster youth and former foster youth; |
|
(I) relative or kinship caregivers; |
|
(J) child welfare boards, if applicable; |
|
(K) attorneys ad litem; |
|
(L) attorneys that represent parents involved in |
|
suits filed by the department; and |
|
(M) any other stakeholders, as determined by the |
|
contractor; and |
|
(6) require that the contractor comply with any |
|
applicable court order issued by a court of competent jurisdiction |
|
in the case of a child for whom the contractor has assumed case |
|
management responsibilities or an order imposing a requirement on |
|
the department that relates to functions assumed by the contractor. |
|
Sec. 264.155. READINESS REVIEW PROCESS FOR COMMUNITY-BASED |
|
CARE CONTRACTOR. (a) The department shall develop a formal review |
|
process to assess the ability of a single source continuum |
|
contractor to satisfy the responsibilities and administrative |
|
requirements of delivering foster care services and services for |
|
relative and kinship caregivers, including the contractor's |
|
ability to provide: |
|
(1) case management services for children and |
|
families; |
|
(2) evidence-based, promising practice, or |
|
evidence-informed supports for children and families; and |
|
(3) sufficient available capacity for inpatient and |
|
outpatient services and supports for children at all service levels |
|
who have previously been placed in the catchment area. |
|
(b) As part of the readiness review process, the single |
|
source continuum contractor must prepare a plan detailing the |
|
methods by which the contractor will avoid or eliminate conflicts |
|
of interest. The department may not transfer services to the |
|
contractor until the department has determined the plan is |
|
adequate. |
|
(c) The department and commission must develop the review |
|
process under Subsection (a) before the department may expand |
|
community-based care outside of the initial catchment areas where |
|
community-based care has been implemented. |
|
(d) If after conducting the review process developed under |
|
Subsection (a) the department determines that a single source |
|
continuum contractor is able to adequately deliver foster care |
|
services and services for relative and kinship caregivers in |
|
advance of the projected dates stated in the timeline included in |
|
the contract with the contractor, the department may adjust the |
|
timeline to allow for an earlier transition of service delivery to |
|
the contractor. |
|
Sec. 264.156. TRANSFER OF CASE MANAGEMENT SERVICES TO |
|
SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment |
|
area where community-based care has been implemented or a contract |
|
with a single source continuum contractor has been executed before |
|
September 1, 2017, the department shall transfer to the single |
|
source continuum contractor providing foster care services in that |
|
area: |
|
(1) the case management of children, relative and |
|
kinship caregivers, and families receiving services from that |
|
contractor; and |
|
(2) family reunification support services to be |
|
provided after a child receiving services from the contractor is |
|
returned to the child's family for the period of time ordered by the |
|
court. |
|
(b) The commission shall include a provision in a contract |
|
with a single source continuum contractor to provide foster care |
|
services and services for relative and kinship caregivers in a |
|
catchment area to which community-based care is expanded after |
|
September 1, 2017, that requires the transfer to the contractor of |
|
the provision of: |
|
(1) the case management services for children, |
|
relative and kinship caregivers, and families in the catchment area |
|
where the contractor will be operating; and |
|
(2) family reunification support services to be |
|
provided for six months after a child receiving services from the |
|
contractor is returned to the child's family. |
|
(c) The department shall collaborate with a single source |
|
continuum contractor to establish an initial case transfer planning |
|
team to: |
|
(1) address any necessary data transfer; |
|
(2) establish file transfer procedures; and |
|
(3) notify relevant persons regarding the transfer of |
|
services to the contractor. |
|
Sec. 264.157. LIABILITY INSURANCE REQUIREMENTS. A single |
|
source continuum contractor and any subcontractor of the single |
|
source continuum contractor providing community-based care |
|
services shall maintain minimum insurance coverage, as required in |
|
the contract with the department, to minimize the risk of |
|
insolvency and protect against damages. The executive commissioner |
|
may adopt rules to implement this section. |
|
Sec. 264.158. STATUTORY DUTIES ASSUMED BY CONTRACTOR. |
|
Except as provided by Section 264.159, a single source continuum |
|
contractor providing foster care services and services for relative |
|
and kinship caregivers in a catchment area must, either directly or |
|
through subcontractors, assume the statutory duties of the |
|
department in connection with the delivery of foster care services |
|
and services for relative and kinship caregivers in that catchment |
|
area. |
|
Sec. 264.159. CONTINUING DUTIES OF DEPARTMENT. In a |
|
catchment area in which a single source continuum contractor is |
|
providing family- or community-based care services, legal |
|
representation of the department in an action under this code shall |
|
be provided in accordance with Section 264.009. |
|
Sec. 264.160. CONFIDENTIALITY. (a) The records of a |
|
single source continuum contractor relating to the provision of |
|
community-based care services in a catchment area are subject to |
|
Chapter 552, Government Code, in the same manner as the records of |
|
the department are subject to that chapter. |
|
(b) Subchapter C, Chapter 261, regarding the |
|
confidentiality of certain case information, applies to the records |
|
of a single source continuum contractor in relation to the |
|
provision of services by the contractor. |
|
Sec. 264.161. NOTICE REQUIRED FOR EARLY TERMINATION OF |
|
CONTRACT. (a) A single source continuum contractor may terminate |
|
a contract entered into under this subchapter by providing written |
|
notice to the commission of the contractor's intent to terminate |
|
the contract not later than the 90th day before the date of the |
|
termination. |
|
(b) In each catchment area in which community-based 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. |
|
(c) To support each contingency plan, the single source |
|
continuum contractor providing foster care services in that |
|
catchment area, subject to approval by the department, shall |
|
develop a transfer 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 department. The contractor |
|
shall submit an updated transfer plan each year and six months |
|
before the end of the contract period, including any extension. The |
|
department is not limited or restricted in requiring additional |
|
information from the contractor or requiring the contractor to |
|
modify the transfer plan as necessary. |
|
Sec. 264.162. ATTORNEY-CLIENT PRIVILEGE. An employee, |
|
agent, or representative of a single source continuum contractor is |
|
considered to be a client's representative of the department for |
|
purposes of the privilege under Rule 503, Texas Rules of Evidence, |
|
as that privilege applies to communications with a prosecuting |
|
attorney or other attorney representing the department, or the |
|
attorney's representatives, in a proceeding under this subtitle. |
|
Sec. 264.163. REVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT. |
|
(a) Notwithstanding any other provision of this subchapter |
|
governing the transfer of case management authority to a single |
|
source continuum contractor, the department may review, approve, or |
|
disapprove a contractor's decision with respect to a child's |
|
permanency goal. |
|
(b) Subsection (a) may not be construed to limit or restrict |
|
the authority of the department to include necessary oversight |
|
measures and review processes to maintain compliance with federal |
|
and state requirements in a contract with a single source continuum |
|
contractor. |
|
(c) The department shall develop an internal dispute |
|
resolution process to decide disagreements between a single source |
|
continuum contractor and the department. |
|
Sec. 264.164. PILOT PROGRAM FOR FAMILY-BASED SAFETY |
|
SERVICES. (a) In this section, "case management services" means |
|
the direct delivery and coordination of a network of formal and |
|
informal activities and services in a catchment area where the |
|
department has entered into, or is in the process of entering into, |
|
a contract with a single source continuum contractor to provide |
|
family-based safety services and case management and includes: |
|
(1) caseworker visits with the child and all |
|
caregivers; |
|
(2) family visits; |
|
(3) family group conferencing or family group |
|
decision-making; |
|
(4) development of the family plan of service; |
|
(5) monitoring, developing, securing, and |
|
coordinating services; |
|
(6) evaluating the progress of children, caregivers, |
|
and families receiving services; |
|
(7) assuring that the rights of children, caregivers, |
|
and families receiving services are protected; |
|
(8) duties relating to family-based safety services |
|
ordered by a court, including: |
|
(A) providing any required notifications or |
|
consultations; |
|
(B) preparing court reports; |
|
(C) attending judicial hearings, trials, and |
|
mediations; |
|
(D) complying with applicable court orders; and |
|
(E) ensuring the child is progressing toward the |
|
goal of permanency within state and federally mandated guidelines; |
|
and |
|
(9) any other function or service that the department |
|
determines is necessary to allow a single source continuum |
|
contractor to assume responsibility for case management. |
|
(b) The department shall develop and implement in two child |
|
protective services regions of the state a pilot program under |
|
which the commission contracts with a single nonprofit entity that |
|
has an organizational mission focused on child welfare or a |
|
governmental entity in each region to provide family-based safety |
|
services and case management for children and families receiving |
|
family-based safety services. The contract must include a |
|
transition plan for the provision of services that ensures the |
|
continuity of services for children and families in the selected |
|
regions. |
|
(c) The contract with an entity must include |
|
performance-based provisions that require the entity to achieve the |
|
following outcomes for families receiving services from the entity: |
|
(1) a decrease in recidivism; |
|
(2) an increase in protective factors; and |
|
(3) any other performance-based outcome specified by |
|
the department. |
|
(d) The commission may only contract for implementation of |
|
the pilot program with entities that the department considers to |
|
have the capacity to provide, either directly or through |
|
subcontractors, an array of evidence-based, promising practice, or |
|
evidence-informed services and support programs to children and |
|
families in the selected child protective services regions. |
|
(e) The contracted entity must perform all statutory duties |
|
of the department in connection with the delivery of the services |
|
specified in Subsection (b). |
|
(f) Not later than December 31, 2018, the department shall |
|
report to the appropriate standing committees of the legislature |
|
having jurisdiction over child protective services and foster care |
|
matters on the progress of the pilot program. The report must |
|
include: |
|
(1) an evaluation of each contracted entity's success |
|
in achieving the outcomes described by Subsection (c); and |
|
(2) a recommendation as to whether the pilot program |
|
should be continued, expanded, or terminated. |
|
(b) Section 264.126, Family Code, is transferred to |
|
Subchapter B-1, Chapter 264, Family Code, as added by this section, |
|
redesignated as Section 264.152, Family Code, and amended to read |
|
as follows: |
|
Sec. 264.152 [264.126]. COMMUNITY-BASED 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 the delivery of foster care services and services for |
|
relative and kinship caregivers [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, |
|
including plans to train caseworkers using the standardized |
|
curriculum created by the human trafficking prevention task force |
|
under Section 402.035(d)(6), Government Code, as that section |
|
existed on August 31, 2017; |
|
(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]. |
|
(c) Section 264.153, Family Code, as added by this section, |
|
applies only to a contract entered into with a single source |
|
continuum contractor on or after the effective date of this |
|
section. |
|
SECTION 13. Subchapter A, Chapter 265, Family Code, is |
|
amended by adding Sections 265.0041, 265.0042, 265.0043, and |
|
265.0044 to read as follows: |
|
Sec. 265.0041. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND |
|
EARLY INTERVENTION SERVICES. (a) The department shall use risk |
|
terrain modeling systems, predictive analytic systems, or |
|
geographic risk assessments or shall develop a system or assessment |
|
under Subsection (c) to: |
|
(1) identify geographic areas that have high risk |
|
indicators of child maltreatment and child fatalities resulting |
|
from abuse or neglect; and |
|
(2) target the implementation and use of prevention |
|
and early intervention services to those geographic areas. |
|
(b) The department may not use data gathered under this |
|
section to identify a specific family or individual. |
|
(c) The Health and Human Services Commission, on behalf of |
|
the department, may enter into agreements with institutions of |
|
higher education to develop or adapt, in coordination with the |
|
department, a risk terrain modeling system, a predictive analytic |
|
system, or a geographic risk assessment to be used for purposes of |
|
this section. |
|
Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER |
|
EDUCATION. (a) Subject to the availability of funds, the Health |
|
and Human Services Commission, on behalf of the department, shall |
|
enter into agreements with institutions of higher education to |
|
conduct efficacy reviews of any prevention and early intervention |
|
programs that have not previously been evaluated for effectiveness |
|
through a scientific research evaluation process. |
|
(b) Subject to the availability of funds, the department |
|
shall collaborate with an institution of higher education to create |
|
and track indicators of child well-being to determine the |
|
effectiveness of prevention and early intervention services. |
|
Sec. 265.0043. INTERAGENCY SHARING OF DATA FOR RISK TERRAIN |
|
MODELING. (a) Notwithstanding any other provision of law, state |
|
agencies, including the Texas Education Agency, the Texas Juvenile |
|
Justice Department, and the Department of Public Safety, shall |
|
disclose information related to child abuse or neglect only to the |
|
prevention and early intervention services division of the |
|
department for the purpose of implementing Section 265.0041. |
|
(b) The prevention and early intervention services division |
|
may not disclose information received under this section to any |
|
other state agency or division of the department. |
|
Sec. 265.0044. ETHICAL GUIDELINES. The executive |
|
commissioner of the Health and Human Services Commission shall |
|
develop guidelines regarding: |
|
(1) the type of risk terrain modeling data to be |
|
collected by the department and the acceptable uses of the data; and |
|
(2) the methods for sharing final geographic risk maps |
|
with external prevention services providers. |
|
SECTION 14. Section 265.005(b), Family Code, is amended to |
|
read as follows: |
|
(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; and |
|
(8) identify specific strategies to increase local |
|
capacity for the delivery of prevention and early intervention |
|
services through collaboration with communities and stakeholders. |
|
SECTION 15. Section 266.012, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) A single source continuum contractor under Subchapter |
|
B-1, Chapter 264, providing therapeutic foster care services to a |
|
child shall ensure that the child receives a comprehensive |
|
assessment under this section at least once every 90 days. |
|
SECTION 16. (a) Section 531.02013, Government Code, is |
|
amended to read as follows: |
|
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. |
|
The following functions are not subject to transfer under Sections |
|
531.0201 and 531.02011: |
|
(1) the functions of the Department of Family and |
|
Protective Services, including the statewide intake of reports and |
|
other information, related to the following: |
|
(A) child protective services, including |
|
services that are required by federal law to be provided by this |
|
state's child welfare agency; |
|
(B) adult protective services, other than |
|
investigations of the alleged abuse, neglect, or exploitation of an |
|
elderly person or person with a disability: |
|
(i) in a facility operated, or in a facility |
|
or by a person licensed, certified, or registered, by a state |
|
agency; or |
|
(ii) by a provider that has contracted to |
|
provide home and community-based services; [and] |
|
(C) prevention and early intervention services; |
|
and |
|
(D) investigations of alleged abuse, neglect, or |
|
exploitation occurring at a child-care facility, as that term is |
|
defined in Section 40.042, Human Resources Code; and |
|
(2) the public health functions of the Department of |
|
State Health Services, including health care data collection and |
|
maintenance of the Texas Health Care Information Collection |
|
program. |
|
(b) Notwithstanding any provision of Subchapter A-1, |
|
Chapter 531, Government Code, or any other law, the responsibility |
|
for conducting investigations of reports of abuse, neglect, or |
|
exploitation occurring at a child-care facility, as that term is |
|
defined in Section 40.042, Human Resources Code, as added by this |
|
Act, may not be transferred to the Health and Human Services |
|
Commission and remains the responsibility of the Department of |
|
Family and Protective Services. |
|
(c) As soon as possible after the effective date of this |
|
section, the commissioner of the Department of Family and |
|
Protective Services shall transfer the responsibility for |
|
conducting investigations of reports of abuse, neglect, or |
|
exploitation occurring at a child-care facility, as that term is |
|
defined in Section 40.042, Human Resources Code, as added by this |
|
Act, to the child protective services division of the department. |
|
The commissioner shall transfer appropriate investigators and |
|
staff as necessary to implement this section. |
|
(d) This section takes effect immediately if this Act |
|
receives a vote of two-thirds of all the members of each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for this section to take |
|
immediate effect, this section takes effect on the 91st day after |
|
the last day of the legislative session. |
|
SECTION 17. (a) Subchapter A, Chapter 533, Government |
|
Code, is amended by adding Section 533.0054 to read as follows: |
|
Sec. 533.0054. HEALTH SCREENING REQUIREMENTS FOR ENROLLEE |
|
UNDER STAR HEALTH PROGRAM. (a) A managed care organization that |
|
contracts with the commission to provide health care services to |
|
recipients under the STAR Health program must ensure that enrollees |
|
receive a complete early and periodic screening, diagnosis, and |
|
treatment checkup in accordance with the requirements specified in |
|
the contract between the managed care organization and the |
|
commission. |
|
(b) The commission shall include a provision in a contract |
|
with a managed care organization to provide health care services to |
|
recipients under the STAR Health program specifying progressive |
|
monetary penalties for the organization's failure to comply with |
|
Subsection (a). |
|
(b) The Health and Human Services Commission shall, in a |
|
contract for the provision of health care services under the STAR |
|
Health program between the commission and a managed care |
|
organization under Chapter 533, Government Code, that is entered |
|
into, renewed, or extended on or after the effective date of this |
|
section, require that the managed care organization comply with |
|
Section 533.0054, Government Code, as added by this section. |
|
(c) The Health and Human Services Commission may not impose |
|
a monetary penalty for noncompliance with a contract provision |
|
described by Section 533.0054(b), Government Code, as added by this |
|
section, until September 1, 2018. |
|
(d) If before implementing Section 533.0054, Government |
|
Code, as added by this section, the Health and Human Services |
|
Commission determines that a waiver or authorization from a federal |
|
agency is necessary for implementation of that provision, the |
|
agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 18. (a) Subchapter A, Chapter 533, Government |
|
Code, is amended by adding Section 533.0056 to read as follows: |
|
Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF |
|
PLACEMENT CHANGE. A contract between a managed care organization |
|
and the commission for the organization to provide health care |
|
services to recipients under the STAR Health program must require |
|
the organization to ensure continuity of care for a child whose |
|
placement has changed by: |
|
(1) notifying each specialist treating the child of |
|
the placement change; and |
|
(2) coordinating the transition of care from the |
|
child's previous treating primary care physician and treating |
|
specialists to the child's new treating primary care physician and |
|
treating specialists, if any. |
|
(b) The changes in law made by this section apply only to a |
|
contract for the provision of health care services under the STAR |
|
Health program between the Health and Human Services Commission and |
|
a managed care organization under Chapter 533, Government Code, |
|
that is entered into, renewed, or extended on or after the effective |
|
date of this section. |
|
(c) If before implementing Section 533.0056, Government |
|
Code, as added by this section, the Health and Human Services |
|
Commission determines that a waiver or authorization from a federal |
|
agency is necessary for implementation of that provision, the |
|
health and human services agency affected by the provision shall |
|
request the waiver or authorization and may delay implementing that |
|
provision until the waiver or authorization is granted. |
|
SECTION 19. (a) Subchapter B, Chapter 40, Human Resources |
|
Code, is amended by adding Sections 40.039, 40.040, 40.041, and |
|
40.042 to read as follows: |
|
Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The |
|
department shall periodically review the department's records |
|
retention policy with respect to case and intake records relating |
|
to department functions. The department shall make changes to the |
|
policy consistent with the records retention schedule submitted |
|
under Section 441.185, Government Code, that are necessary to |
|
improve case prioritization and the routing of cases to the |
|
appropriate division of the department. The department may adopt |
|
rules necessary to implement this section. |
|
Sec. 40.040. CASE MANAGEMENT VENDOR QUALITY OVERSIGHT AND |
|
ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE. (a) In this |
|
section, "case management," "catchment area," and "community-based |
|
care" have the meanings assigned by Section 264.151, Family Code. |
|
(b) The department shall create within the department the |
|
case management services vendor quality oversight and assurance |
|
division. The division shall: |
|
(1) oversee quality and ensure accountability of any |
|
vendor that provides community-based care and full case management |
|
services for the department under community-based care; and |
|
(2) monitor the transfer from the department to a |
|
vendor of full case management services for children and families |
|
receiving services from the vendor, including any transfer |
|
occurring under a pilot program. |
|
(c) The commission shall contract with an outside vendor |
|
with expertise in quality assurance to develop, in coordination |
|
with the department, a contract monitoring system and standards for |
|
the continuous monitoring of the adherence of a vendor providing |
|
foster care services under community-based care to the terms of the |
|
contract entered into by the vendor and the commission. The |
|
standards must include performance benchmarks relating to the |
|
provision of case management services in the catchment area where |
|
the vendor operates. |
|
(d) The division shall collect and analyze data comparing |
|
outcomes on performance measures between catchment areas where |
|
community-based care has been implemented and regions where |
|
community-based care has not been implemented. |
|
Sec. 40.041. OFFICE OF DATA ANALYTICS. The department |
|
shall create an office of data analytics. The office shall report |
|
to the deputy commissioner and may perform any of the following |
|
functions, as determined by the department: |
|
(1) monitor management trends; |
|
(2) analyze employee exit surveys and interviews; |
|
(3) evaluate the effectiveness of employee retention |
|
efforts, including merit pay; |
|
(4) create and manage a system for handling employee |
|
complaints submitted by the employee outside of an employee's |
|
direct chain of command, including anonymous complaints; |
|
(5) monitor and provide reports to department |
|
management personnel on: |
|
(A) employee complaint data and trends in |
|
employee complaints; |
|
(B) compliance with annual department |
|
performance evaluation requirements; and |
|
(C) the department's use of positive performance |
|
levels for employees; |
|
(6) track employee tenure and internal employee |
|
transfers within both the child protective services division and |
|
the department; |
|
(7) use data analytics to predict workforce shortages |
|
and identify areas of the department with high rates of employee |
|
turnover, and develop a process to inform the deputy commissioner |
|
and other appropriate staff regarding the office's findings; |
|
(8) create and monitor reports on key metrics of |
|
agency performance; |
|
(9) analyze available data, including data on employee |
|
training, for historical and predictive department trends; and |
|
(10) conduct any other data analysis the department |
|
determines to be appropriate for improving performance, meeting the |
|
department's current business needs, or fulfilling the powers and |
|
duties of the department. |
|
Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND |
|
EXPLOITATION. (a) In this section, "child-care facility" |
|
includes a facility, licensed or unlicensed child-care facility, |
|
family home, residential child-care facility, employer-based |
|
day-care facility, or shelter day-care facility, as those terms are |
|
defined in Chapter 42, Human Resources Code. |
|
(b) For all investigations of child abuse or neglect |
|
conducted by the child protective services division of the |
|
department, the department shall adopt the definitions of abuse and |
|
neglect provided in Section 261.001, Family Code. |
|
(c) For all investigations of child exploitation conducted |
|
by the child protective services division of the department, the |
|
department shall adopt the definition of exploitation provided in |
|
Section 261.401, Family Code. |
|
(d) The department shall establish standardized policies to |
|
be used during investigations. |
|
(e) The commissioner shall establish units within the child |
|
protective services division of the department to specialize in |
|
investigating allegations of child abuse and neglect occurring at a |
|
child-care facility. |
|
(f) The department may require that investigators who |
|
specialize in allegations of child abuse and neglect occurring at |
|
child-care facilities receive ongoing training on the minimum |
|
licensing standards for any facilities that are applicable to the |
|
investigator's specialization. |
|
(g) After an investigation of abuse, neglect, or |
|
exploitation occurring at a child-care facility, the department |
|
shall provide the state agency responsible for regulating the |
|
facility with access to any information relating to the |
|
department's investigation. Providing access to confidential |
|
information under this subsection does not constitute a waiver of |
|
confidentiality. |
|
(h) The department may adopt rules to implement this |
|
section. |
|
(b) As soon as possible after the effective date of this |
|
Act, the commissioner of the Department of Family and Protective |
|
Services shall establish the office of data analytics required by |
|
Section 40.041, Human Resources Code, as added by this section. The |
|
commissioner and the executive commissioner of the Health and Human |
|
Services Commission shall transfer appropriate staff as necessary |
|
to conduct the duties of the office. |
|
(c) The Department of Family and Protective Services must |
|
implement the standardized definitions and policies required under |
|
Sections 40.042(b), (c), and (d), Human Resources Code, as added by |
|
this Act, not later than December 1, 2017. |
|
SECTION 20. Section 40.051, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department |
|
shall develop a departmental strategic plan based on the goals and |
|
priorities stated in the commission's coordinated strategic plan |
|
for health and human services. The department shall also develop |
|
its plan based on: |
|
(1) furthering the policy of family preservation; |
|
(2) the goal of ending the abuse and neglect of |
|
children in the conservatorship of the department; and |
|
(3) the goal of increasing the capacity and |
|
availability of foster, relative, and kinship placements in this |
|
state. |
|
SECTION 21. (a) Section 40.058(f), Human Resources Code, |
|
is amended to read as follows: |
|
(f) A contract for residential child-care services provided |
|
by a general residential operation or by a child-placing agency |
|
must include provisions that: |
|
(1) enable the department and commission to monitor |
|
the effectiveness of the services; |
|
(2) specify performance outcomes, financial penalties |
|
for failing to meet any specified performance outcomes, and |
|
financial incentives for exceeding any specified performance |
|
outcomes; |
|
(3) authorize the department or commission to |
|
terminate the contract or impose monetary sanctions for a violation |
|
of a provision of the contract that specifies performance criteria |
|
or for underperformance in meeting any specified performance |
|
outcomes; |
|
(4) authorize the department or commission, an agent |
|
of the department or commission, and the state auditor to inspect |
|
all books, records, and files maintained by a contractor relating |
|
to the contract; and |
|
(5) are necessary, as determined by the department or |
|
commission, to ensure accountability for the delivery of services |
|
and for the expenditure of public funds. |
|
(b) The Health and Human Services Commission shall, in a |
|
contract for residential child-care services between the |
|
commission and a general residential operation or child-placing |
|
agency that is entered into on or after the effective date of this |
|
section, including a renewal contract, include the provisions |
|
required by Section 40.058(f), Human Resources Code, as amended by |
|
this section. |
|
(c) The Health and Human Services Commission shall seek to |
|
amend contracts for residential child-care services entered into |
|
with general residential operations or child-placing agencies |
|
before the effective date of this section to include the provisions |
|
required by Section 40.058(f), Human Resources Code, as amended by |
|
this section. |
|
(d) The Department of Family and Protective Services and the |
|
Health and Human Services Commission may not impose a financial |
|
penalty against a general residential operation or child-placing |
|
agency under a contract provision described by Section 40.058(f)(2) |
|
or (3), Human Resources Code, as amended by this section, until |
|
September 1, 2018. |
|
SECTION 22. (a) Subchapter C, Chapter 40, Human Resources |
|
Code, is amended by adding Section 40.0581 to read as follows: |
|
Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE |
|
PROVIDER CONTRACTS. (a) The commission, in collaboration with the |
|
department, shall contract with a vendor or enter into an agreement |
|
with an institution of higher education to develop, in coordination |
|
with the department, performance quality metrics for family-based |
|
safety services and post-adoption support services providers. The |
|
quality metrics must be included in each contract with those |
|
providers. |
|
(b) Each provider whose contract with the commission to |
|
provide department services includes the quality metrics developed |
|
under Subsection (a) must prepare and submit to the department a |
|
report each calendar quarter regarding the provider's performance |
|
based on the quality metrics. |
|
(c) The commissioner shall compile a summary of all reports |
|
prepared and submitted to the department by family-based safety |
|
services providers as required by Subsection (b) and distribute the |
|
summary to appropriate family-based safety services caseworkers |
|
and child protective services region management once each calendar |
|
quarter. |
|
(d) The commissioner shall compile a summary of all reports |
|
prepared and submitted to the department by post-adoption support |
|
services providers as required by Subsection (b) and distribute the |
|
summary to appropriate conservatorship and adoption caseworkers |
|
and child protective services region management. |
|
(e) The department shall make the summaries prepared under |
|
Subsections (c) and (d) available to families that are receiving |
|
family-based safety services and to adoptive families. |
|
(f) This section does not apply to a provider that has |
|
entered into a contract with the commission to provide family-based |
|
safety services under Section 264.164, Family Code. |
|
(b) The quality metrics required by Section 40.0581, Human |
|
Resources Code, as added by this section, must be developed not |
|
later than September 1, 2018, and included in any contract, |
|
including a renewal contract, entered into by the Health and Human |
|
Services Commission with a family-based safety services provider or |
|
a post-adoption support services provider on or after January 1, |
|
2019, except as provided by Section 40.0581(f), Human Resources |
|
Code, as added by this section. |
|
SECTION 23. (a) Subchapter C, Chapter 42, Human Resources |
|
Code, is amended by adding Section 42.0432 to read as follows: |
|
Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD |
|
PLACED WITH CHILD-PLACING AGENCY. (a) A child-placing agency or |
|
general residential operation that contracts with the department to |
|
provide services must ensure that the children that are in the |
|
managing conservatorship of the department and are placed with the |
|
child-placing agency or general residential operation receive a |
|
complete early and periodic screening, diagnosis, and treatment |
|
checkup in accordance with the requirements specified in the |
|
contract between the child-placing agency or general residential |
|
operation and the department. |
|
(b) The commission shall include a provision in a contract |
|
with a child-placing agency or general residential operation |
|
specifying progressive monetary penalties for the child-placing |
|
agency's or general residential operation's failure to comply with |
|
Subsection (a). |
|
(b) A child-placing agency or general residential operation |
|
that contracts to provide services for the Department of Family and |
|
Protective Services must comply with the requirements of Section |
|
42.0432, Human Resources Code, as added by this section, not later |
|
than August 31, 2018. The department and the Health and Human |
|
Services Commission may not impose a monetary penalty for |
|
noncompliance with a contract provision described by that section |
|
until September 1, 2018. |
|
SECTION 24. The changes in law made by this Act to Section |
|
263.401, Family Code, apply only to a suit affecting the |
|
parent-child relationship filed on or after the effective date of |
|
this Act. A suit affecting the parent-child relationship filed |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the suit was filed, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 25. Except as otherwise provided by this Act, this |
|
Act takes effect September 1, 2017. |