86R11334 MCK-D

By: Phelan H.B. No. 4354

A BILL TO BE ENTITLED

AN ACT

relating to prevention and early intervention programs and practices.

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

SECTION 1. Article 45.056(f), Code of Criminal Procedure, is amended to read as follows:

(f) The governing body of the employing governmental entity under Subsection (a) shall adopt reasonable rules for juvenile case managers that provide:

(1) a code of ethics, and for the enforcement of the code of ethics;

(2) appropriate educational preservice and in-service training standards for juvenile case managers; and

(3) training in:

(A) the role of the juvenile case manager;

(B) case planning and management;

(C) applicable procedural and substantive law;

(D) courtroom proceedings and presentation;

(E) services to at-risk youth under [Subchapter D,] Chapter 265 [264], Family Code;

(F) local programs and services for juveniles and methods by which juveniles may access those programs and services; and

(G) detecting and preventing abuse, exploitation, and neglect of juveniles.

SECTION 2. Article 45.057(b), Code of Criminal Procedure, is amended to read as follows:

(b) On a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of under Article 4.11 or 4.14, the court has jurisdiction to enter an order:

(1) referring the child or the child's parent for services under Chapter 265 [Section 264.302], Family Code;

(2) requiring that the child attend a special program that the court determines to be in the best interest of the child and, if the program involves the expenditure of municipal or county funds, that is approved by the governing body of the municipality or county commissioners court, as applicable, including a rehabilitation, counseling, self-esteem and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, or mentoring program; or

(3) requiring that the child's parent do any act or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including:

(A) attend a parenting class or parental responsibility program; and

(B) attend the child's school classes or functions.

SECTION 3. Section 2.004(b), Family Code, is amended to read as follows:

(b) The application form must contain:

(1) a heading entitled "Application for Marriage License, ____________ County, Texas";

(2) spaces for each applicant's full name, including the woman's maiden surname, address, social security number, if any, date of birth, and place of birth, including city, county, and state;

(3) a space for indicating the document tendered by each applicant as proof of identity and age;

(4) spaces for indicating whether each applicant has been divorced within the last 30 days;

(5) printed boxes for each applicant to check "true" or "false" in response to the following statement: "I am not presently married and the other applicant is not presently married.";

(6) printed boxes for each applicant to check "true" or "false" in response to the following statement: "The other applicant is not related to me as:

(A) an ancestor or descendant, by blood or adoption;

(B) a brother or sister, of the whole or half blood or by adoption;

(C) a parent's brother or sister, of the whole or half blood or by adoption;

(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent; or

(F) a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption.";

(7) printed boxes for each applicant to check "true" or "false" in response to the following statement: "I am not presently delinquent in the payment of court-ordered child support.";

(8) a printed oath reading: "I SOLEMNLY SWEAR (OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS CORRECT.";

(9) spaces immediately below the printed oath for the applicants' signatures;

(10) a certificate of the county clerk that:

(A) each applicant made the oath and the date and place that it was made; or

(B) an applicant did not appear personally but the prerequisites for the license have been fulfilled as provided by this chapter;

(11) spaces for indicating the date of the marriage and the county in which the marriage is performed;

(12) a space for the address to which the applicants desire the completed license to be mailed; and

(13) a printed box for each applicant to check indicating that the applicant wishes to make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the prevention and early intervention services division within the Department of Family and Protective [Office of Early Childhood Coordination of the Health and Human] Services [Commission].

SECTION 4. Section 52.03(c), Family Code, is amended to read as follows:

(c) A disposition authorized by this section may involve:

(1) referral of the child to an agency other than the juvenile court;

(2) a brief conference with the child and the child's [his] parent, guardian, or custodian; or

(3) referral of the child and the child's parent, guardian, or custodian for services under Chapter 265 [Section 264.302].

SECTION 5. Section 59.004(a), Family Code, is amended to read as follows:

(a) For a child at sanction level one, the juvenile court or probation department may:

(1) require counseling for the child regarding the child's conduct;

(2) inform the child of the progressive sanctions that may be imposed on the child if the child continues to engage in delinquent conduct or conduct indicating a need for supervision;

(3) inform the child's parents or guardians of the parents' or guardians' responsibility to impose reasonable restrictions on the child to prevent the conduct from recurring;

(4) provide information or other assistance to the child or the child's parents or guardians in securing needed social services;

(5) require the child or the child's parents or guardians to participate in a program for services under Chapter 265 [Section 264.302], if a program under Chapter 265 [Section 264.302] is available to the child or the child's parents or guardians;

(6) refer the child to a community-based citizen intervention program approved by the juvenile court;

(7) release the child to the child's parents or guardians; and

(8) require the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.

SECTION 6. Section 59.005(a), Family Code, is amended to read as follows:

(a) For a child at sanction level two, the juvenile court, the prosecuting attorney, or the probation department may, as provided by Section 53.03:

(1) place the child on deferred prosecution for not less than three months or more than six months;

(2) require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;

(3) require the child's parents or guardians to identify restrictions the parents or guardians will impose on the child's activities and requirements the parents or guardians will set for the child's behavior;

(4) provide the information required under Sections 59.004(a)(2) and (4);

(5) require the child or the child's parents or guardians to participate in a program for services under Chapter 265 [Section 264.302], if a program under Chapter 265 [Section 264.302] is available to the child or the child's parents or guardians;

(6) refer the child to a community-based citizen intervention program approved by the juvenile court; and

(7) if appropriate, impose additional conditions of probation.

SECTION 7. Section 265.001, Family Code, is amended to read as follows:

Sec. 265.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of the Department of Family and Protective Services.

(2) "Department" means the Department of Family and Protective Services.

(3) [(2)] "Division" means the prevention and early intervention services division within the department.

(4) [(3)] "Prevention and early intervention services" means programs and practices intended to provide early intervention or prevent risk factors [at-risk behaviors] that lead to child abuse, neglect, or other childhood adversities [delinquency, running away, truancy, and dropping out of school].

SECTION 8. Section 531.981(2), Government Code, is transferred to Section 265.001, Family Code, redesignated as Section 265.001(5), Family Code, and amended to read as follows:

(5) [(2)] "Risk factors" means factors that make a child more likely to experience adversity [adverse experiences] leading to negative consequences, including preterm birth, poverty, low parental education, having a teenaged mother or father, poor maternal health, and parental underemployment or unemployment.

SECTION 9. Section 265.002, Family Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) The department shall operate a division to provide [services for children in at-risk situations and for the families of those children and to achieve the consolidation of] prevention and early intervention services with goals of preventing risk factors, intervening in situations where risk factors are present, [within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services] and increasing [to increase] the accountability for the delivery and administration of these services. The division shall be called the prevention and early intervention services division and shall have the following duties:

(1) to plan, develop, and administer a comprehensive and unified delivery system of prevention and early intervention services to children and their families in at-risk situations;

(2) to improve the responsiveness of services for at-risk children and their families by facilitating greater coordination and flexibility in the use of funds by state and local service providers;

(3) to provide greater accountability for prevention and early intervention services in order to demonstrate the impact or public benefit of a program by adopting outcome measures; and

(4) to assist local communities in the coordination and development of prevention and early intervention services in order to maximize federal, state, and local resources.

(c) The division shall provide prevention and early intervention services through competitive grants or procurements.

SECTION 10. Section 265.003, Family Code, is amended to read as follows:

Sec. 265.003. CONSOLIDATION OF PROGRAMS. (a) In order to implement the duties provided in Section 265.002, the department shall consolidate into the division programs with the goal of providing early intervention or prevention of risk factors [at-risk behavior that leads to child abuse, delinquency, running away, truancy, and dropping out of school].

(b) The division may provide additional prevention and early intervention services in accordance with Section 265.002 through competitive grants or procurements.

SECTION 11. Section 265.105, Family Code, is transferred to Subchapter A, Chapter 265, Family Code, redesignated as Section 265.0031, Family Code, and amended to read as follows:

Sec. 265.0031 [265.105]. [ADDITIONAL] CONSIDERATIONS IN AWARDING GRANTS. In [addition to the factors described by Sections 265.102(b) and 265.103, in] determining whether to award a grant to an applicant under this chapter [subchapter], the department shall consider:

(1) the demonstrated need for a [partnership] program in the community in which the applicant proposes to operate or to expand the program, which may be determined by considering the risk factors in the community identified during the development of the agency's strategic plan[:

[(A) the poverty rate, the crime rate, the number of births to Medicaid recipients, the rate of poor birth outcomes, and the incidence of child abuse and neglect during a prescribed period in the community; and

[(B) the need to enhance school readiness in the community];

(2) the applicant's ability to participate in ongoing monitoring and performance evaluations [under Section 265.109, including the applicant's ability to collect and provide information requested by the department under Section 265.109(c)];

(3) the applicant's ability to adhere to the applicable [partnership] program model standards [adopted under Section 265.106];

(4) the applicant's ability to develop broad-based community support for implementing or expanding a [partnership] program, as applicable; and

(5) the applicant's history of developing and sustaining innovative, high-quality programs that meet the needs of families and communities.

SECTION 12. Section 265.057, Family Code, is transferred to Subchapter A, Chapter 265, Family Code, redesignated as Section 265.0032, Family Code, and amended to read as follows:

Sec. 265.0032 [265.057]. COMMUNITY YOUTH DEVELOPMENT GRANTS. (a) Subject to available funding, the department shall award community youth development grants to communities identified by the presence of risk factors, including child poverty rates and single-parent households, and the incidence of negative outcomes for youth, including juvenile crime, child abuse or neglect, school drop-out, and teen pregnancy. The department shall give priority in awarding grants under this section to areas of the state in which there is a high incidence of risk factors and negative outcomes [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 negative outcomes for youth [juvenile crime].

SECTION 13. Subchapter A, Chapter 265, Family Code, is amended by adding Section 265.0033 to read as follows:

Sec. 265.0033. STATEWIDE PREVENTION AND EARLY INTERVENTION SERVICES FOR AT-RISK YOUTH AND FAMILIES PROGRAM; GRANTS. (a) Subject to available funding, the department shall award grants to increase the availability of prevention and early intervention services in all communities in this state based on a community's needs assessment and the division's strategic plan.

(b) The purpose of a grant under this section is to provide community-based prevention and early intervention services that complement and are coordinated with other prevention services and that promote protective factors in families and communities based on a community's needs assessment.

SECTION 14. The heading to Section 265.004, Family Code, is amended to read as follows:

Sec. 265.004. USE OF EVIDENCE-BASED PROGRAMS AND PRACTICES FOR AT-RISK FAMILIES.

SECTION 15. Section 265.004, Family Code, is amended by amending Subsections (a), (a-1), (a-2), and (c) and adding Subsection (a-3) to read as follows:

(a) To the extent that money is appropriated for the purpose, the department shall fund evidence-based programs and practices under Subchapter C that are:

(1) [, including parenting education, home visitation, family support services, mentoring, positive youth development programs, and crisis counseling,] offered by community-based organizations; and

(2) [that are] designed to:

(A) prevent or ameliorate child abuse and neglect; and

(B) promote positive child and family outcomes[. The 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, 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 home visits and parenting education programs under Subsection (a) funds evidence-based programs or practices described by Section 265.151(b) and that the remainder of that money funds promising [practice] programs or practices described by Section 265.151(c) and evidence-informed programs or practices described by Section 265.151(d).

(a-2) The department shall actively seek and apply for any available federal funds to support prevention and early intervention [parenting education] programs and practices [provided under this section].

(a-3) The department may accept gifts, donations, and grants to support prevention and early intervention programs and practices.

(c) The department shall periodically evaluate the evidence-based [abuse and neglect] prevention and early intervention programs and practices to determine the continued effectiveness of the programs and practices.

SECTION 16. Section 265.0041(a), Family Code, is amended to read as follows:

(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.

SECTION 17. Section 265.005(b), Family Code, as amended by Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and 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;

(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 strategies and goals for increasing the number of families receiving prevention and early intervention services each year, subject to the availability of funds, to reach targets set by the department for providing services to families that are eligible to receive services through parental education, family support, and community-based programs financed with federal, state, local, or private resources; and

(9) [(8)] identify specific strategies to increase local capacity for the delivery of prevention and early intervention services through collaboration with communities and stakeholders.

SECTION 18. The heading to Subchapter B, Chapter 265, Family Code, is amended to read as follows:

SUBCHAPTER B. TRUST FUNDS [CHILD ABUSE AND NEGLECT PRIMARY

PREVENTION PROGRAMS]

SECTION 19. The heading to Section 265.052, Family Code, is amended to read as follows:

Sec. 265.052. CHILDREN'S TRUST FUND; REGIONAL FUNDS [CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS].

SECTION 20. Section 265.052, Family Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows:

(c) The department may:

(1) apply for and receive money [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; and

(3) designate a municipal or county official to operate a regional children's trust fund who has the same rights and duties provided by this subchapter to the department with respect to the trust fund.

(d) A designated municipal or county official who operates a regional children's trust fund shall establish an advisory coalition to oversee:

(1) the expenditure of any money the department grants to the regional children's trust fund; and

(2) any money the regional children's trust fund grants to the community.

(e) Members of the advisory coalition may include:

(1) representatives of local school districts;

(2) health care professionals;

(3) judges and other court personnel;

(4) representatives of philanthropic and nonprofit organizations;

(5) representatives of faith organizations;

(6) representatives of the business community; and

(7) representatives from the divisions of a municipality or county that provide services to families, including housing, transportation, or parks and recreation.

SECTION 21. Section 531.287, Government Code, is transferred to Subchapter B, Chapter 265, Family Code, redesignated as Section 265.0551, Family Code, and amended to read as follows:

Sec. 265.0551 [531.287]. TEXAS HOME VISITING PROGRAM TRUST FUND. (a) The Texas Home Visiting Program trust fund is created as a trust fund outside the treasury and held by [with] the comptroller and shall be administered by the department [office] under this section and rules adopted by the [executive] commissioner. Credits of money in the fund are not state funds or subject to legislative appropriation.

(b) The trust fund consists of money from voluntary contributions under Section 191.0048, Health and Safety Code, and Section 118.018, Local Government Code.

(c) Money in the fund may be spent without appropriation by the department [office] only for the purpose of the Texas Home Visiting Program administered by the department [commission].

(d) Interest and income from the assets of the trust fund shall be credited to and deposited in the trust fund.

SECTION 22. The heading to Subchapter C, Chapter 265, Family Code, is amended to read as follows:

SUBCHAPTER C. PROGRAMS PROVIDING HOME VISITS [NURSE-FAMILY

PARTNERSHIP COMPETITIVE GRANT PROGRAM]

SECTION 23. Section 531.981(1), Government Code, is transferred to Section 265.101, Family Code, redesignated as Section 265.101(1-a), Family Code, and amended to read as follows:

(1-a) [(1)] "Home visiting program" means a voluntary-enrollment program in which early childhood and health professionals, including [such as] nurses, social workers, or trained and supervised paraprofessionals, repeatedly visit over a period of at least six months the homes of pregnant women or families with children under the age of six who are born with or exposed to one or more risk factors.

SECTION 24. Section 531.982, Government Code, is transferred to Subchapter C, Chapter 265, Family Code, redesignated as Section 265.1015, Family Code, and amended to read as follows:

Sec. 265.1015 [531.982]. IMPLEMENTATION OF TEXAS HOME VISITING PROGRAM. (a) The department [commission] shall [maintain a strategic plan to] serve at-risk pregnant women and families with children under the age of six through home visiting programs that improve outcomes for parents and families.

(b) A pregnant woman or family is considered at-risk for purposes of this section and may be eligible for voluntary enrollment in a home visiting program if the woman or family is exposed to one or more risk factors.

(c) The department [commission] may determine if a risk factor or combination of risk factors experienced by an at-risk pregnant woman or family qualifies the woman or family for enrollment in a home visiting program.

SECTION 25. Section 265.102(b), Family Code, is amended to read as follows:

(b) The department shall award grants under the program to applicants, including applicants operating existing programs, in a manner that ensures that the partnership programs collectively[:

[(1)] operate in accordance with the department's strategic plan required by Section 265.005 and improvement strategy required by Section 265.007 [multiple communities that are geographically distributed throughout this state; and

[(2) provide program services to approximately 2,000 families].

SECTION 26. Section 265.103, Family Code, is amended to read as follows:

Sec. 265.103. NURSE-FAMILY PARTNERSHIP PROGRAM REQUIREMENTS. A partnership program funded through a grant awarded under this subchapter must:

(1) strictly adhere to the program model developed by the Nurse-Family Partnership National Service Office, including any clinical, programmatic, and data collection requirements of that model; and

(2) [require that registered nurses regularly visit the homes of low-income, first-time mothers participating in the program to provide services designed to:

[(A) improve pregnancy outcomes;

[(B) improve child health and development;

[(C) improve family economic self-sufficiency and stability; and

[(D) reduce the incidence of child abuse and neglect;

[(3)] require that nurses who provide services through the program:

(A) receive training from the office of the attorney general at least once each year on procedures by which a person may voluntarily acknowledge the paternity of a child and on the availability of child support services from the office;

(B) provide a mother with information about the rights, responsibilities, and benefits of establishing the paternity of her child, if appropriate;

(C) provide assistance to a mother and the alleged father of her child if the mother and alleged father seek to voluntarily acknowledge paternity of the child, if appropriate; and

(D) provide information to a mother about the availability of child support services from the office of the attorney general[; and

[(4) require that the regular nurse visits described by Subdivision (2) begin not later than a mother's 28th week of gestation and end when her child reaches two years of age].

SECTION 27. The heading to Section 265.106, Family Code, is amended to read as follows:

Sec. 265.106. NURSE-FAMILY PARTNERSHIP PROGRAM STANDARDS.

SECTION 28. The heading to Section 265.109, Family Code, is amended to read as follows:

Sec. 265.109. NURSE-FAMILY PARTNERSHIP [PROGRAM MONITORING AND EVALUATION; ANNUAL] COMMITTEE REPORTS.

SECTION 29. Sections 265.109(a) and (b), Family Code, are amended to read as follows:

(a) Not [The department, with the assistance of the Nurse-Family Partnership National Service Office, shall:

[(1) adopt performance indicators that are designed to measure a grant recipient's performance with respect to the partnership program standards adopted by the commissioner under Section 265.106;

[(2) use the performance indicators to continuously monitor and formally evaluate on an annual basis the performance of each grant recipient; and

[(3) prepare and submit an annual report, not] later than December 1 of each even-numbered year, the department shall prepare and submit a report to the Senate Health and Human Services Committee, or its successor, and the House Human Services Committee, or its successor, regarding the performance of each grant recipient during the preceding state fiscal year with respect to providing partnership program services. The department may combine the report required by this section with the report required by Section 265.154.

(b) The report required under Subsection (a) [(a)(3)] must include:

(1) the number of low-income, first-time mothers to whom each grant recipient provided partnership program services and, of that number, the number of mothers who established the paternity of an alleged father as a result of services provided under the program;

(2) the extent to which each grant recipient made regular visits to mothers [during the period described by Section 265.103(4)]; and

(3) the extent to which each grant recipient adhered to the Nurse-Family Partnership National Service Office's program model, including the extent to which registered nurses:

(A) conducted home visitations comparable in frequency, duration, and content to those delivered in Nurse-Family Partnership National Service Office clinical trials; and

(B) assessed the health and well-being of mothers and children participating in the partnership programs in accordance with indicators of maternal, child, and family health defined by the department in consultation with the Nurse-Family Partnership National Service Office.

SECTION 30. The heading to Subchapter D, Chapter 265, Family Code, is amended to read as follows:

SUBCHAPTER D. EVIDENCE-BASED PROGRAMS AND PRACTICES [PARENTING

EDUCATION]

SECTION 31. Section 265.151, Family Code, is amended to read as follows:

Sec. 265.151. REQUIREMENTS FOR [PARENTING EDUCATION] PROGRAMS AND PRACTICES ON EVIDENCE-BASED SPECTRUM. (a) A prevention and early intervention [parenting education] program or practice provided by the department must be an evidence-based program or practice, a promising program or practice, or an evidence-informed program or practice described by this section.

(b) An evidence-based program or practice is a [parenting education] program or practice 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) is listed as an evidence-based program or practice by a nationally recognized clearinghouse associated with a state or federal agency or an institution of higher education or, during the preceding 10 years, has been subject to an external evaluation that showed positive results and was published in peer-reviewed literature [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 or practice manual or design that specifies the purpose, outcomes, duration, and frequency of the program or practice services; [and]

(6) employs well-trained and competent staff and provides continual relevant professional development opportunities to the staff;

(7) is associated with a national organization, institution of higher education, or national or state public health institute; and

(8) demonstrates substantial connections to other community-based services.

(c) A promising [practice] program or practice is a [parenting education] program or practice that:

(1) has an active impact evaluation program or practice or demonstrates a schedule for implementing an active impact evaluation program or practice;

(2) is listed as a promising program or practice by a nationally recognized clearinghouse associated with a state or federal agency or an institution of higher education or, during the preceding 10 years, has been subject to an external evaluation that showed positive results and was published in peer-reviewed literature [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 or practice manual or design that specifies the purpose, outcomes, duration, and frequency of the program or practice 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; and

(6) demonstrates substantial connections to other community-based services.

(d) An evidence-informed program or practice is a program or practice that:

(1) combines well-researched interventions with clinical experience, ethics, and client preferences and culture to guide and inform the delivery of treatments and services;

(2) has an active impact evaluation program or demonstrates a schedule for implementing an active impact evaluation program;

(3) substantially complies with a program or practice manual or design that specifies the purpose, outcome, duration, and frequency of the program or practice services; and

(4) employs well-trained and competent staff and provides continual relevant professional development opportunities to the staff.

SECTION 32. Section 265.152, Family Code, is amended to read as follows:

Sec. 265.152. OUTCOMES OF PREVENTION AND EARLY INTERVENTION PROGRAMS AND PRACTICES [EVIDENCE-BASED PARENTING EDUCATION]. The department shall ensure that a prevention and early intervention [parenting education] program or practice provided under this subchapter [chapter] achieves favorable behavioral outcomes in at least two of the following areas:

(1) improved cognitive development of children;

(2) increased [school] readiness for and participation and performance in school [of children];

(3) reduced child abuse, neglect, and injury;

(4) improved child safety;

(5) improved social-emotional development of children and youth;

(6) increased protective factors [improved parenting skills], including nurturing, [and] bonding, and other parenting skills;

(7) improved family economic self-sufficiency;

(8) reduced parental or youth involvement with the criminal justice system; [and]

(9) increased paternal involvement and support;

(10) improved maternal and child health; and

(11) increased protective factors for youth.

SECTION 33. Section 265.153, Family Code, is amended to read as follows:

Sec. 265.153. EVALUATION OF PREVENTION AND EARLY INTERVENTION PROGRAMS AND PRACTICES [EVIDENCE-BASED PARENTING EDUCATION]. (a) The department shall adopt outcome indicators to measure the effectiveness of prevention and early intervention [parenting education] programs and practices provided under this subchapter [chapter] in achieving desired outcomes.

(b) The department may work directly with the model developer of a prevention and early intervention [parenting education] program or practice to identify appropriate outcome indicators for the program or practice and to ensure that the program or practice substantially complies with the model.

(c) The department shall develop internal processes to share information with prevention and early intervention service providers [parenting education programs] to assist the department in analyzing the performance of the programs or practices.

(d) The department shall use information obtained under this section to:

(1) monitor prevention and early intervention [parenting education] programs and practices;

(2) continually improve the quality of the programs and practices; and

(3) evaluate the effectiveness of the programs and practices.

SECTION 34. Section 265.154, Family Code, is amended to read as follows:

Sec. 265.154. 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 prevention and early intervention [parenting education] programs and practices 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 prevention and early intervention [parenting education] programs and practices implemented and of the models associated with the programs and practices;

(2) information on the families served by the programs and practices, including:

(A) the number of families served and their demographic information;

(B) whether parents abuse or neglect their children while receiving services or during the three years after receiving services;

(C) whether youth are referred to juvenile courts while receiving services or after receiving services;

(D) whether, based on a validated survey before and after receiving services, protective factors in parenting have increased;

(E) whether programs and practices focused on children younger than four years of age reduced the number of child fatalities;

(F) whether the parents receiving services had any previous involvement with child protective services; and

(G) other outcome measures the department determines are appropriate based on the strategic plan for prevention and early intervention under Section 265.005;

(3) the goals and achieved outcomes of the programs and practices;

(4) information on the cost for each family served, including any available third-party return-on-investment analysis; and

(5) information on the expenditure of appropriations for the biennium, including information explaining the percentage of money spent on evidence-based programs and practices, on promising [practice] programs and practices, and on evidence-informed programs and practices.

(c) The department shall publish the report on the department's Internet website.

SECTION 35. Chapter 53, Human Resources Code, is transferred to Chapter 265, Family Code, redesignated as Subchapter E, Chapter 265, Family Code, and amended to read as follows:

SUBCHAPTER E [CHAPTER 53]. PREVENTIVE SERVICES FOR VETERANS AND

MILITARY FAMILIES

Sec. 265.201 [53.001]. DEFINITION [DEFINITIONS]. In this subchapter, "veteran" [chapter:

[(1) "Department" means the Department of Family and Protective Services.

[(2) "Veteran"] means a person who has served in:

(A) the army, navy, air force, coast guard, or marine corps of the United States;

(B) the state military forces as defined by Section 431.001, Government Code; or

(C) an auxiliary service of one of those branches of the armed forces.

Sec. 265.202 [53.002]. VETERANS AND MILITARY FAMILIES PREVENTIVE SERVICES PROGRAM. (a) The department shall develop and implement a preventive services program to serve veterans and military families who have committed or experienced or who are at a high risk of:

(1) family violence; or

(2) abuse or neglect.

(b) The program must:

(1) be designed to coordinate with community-based organizations to provide prevention services;

(2) include a prevention component and an early intervention component;

(3) include collaboration with services for child welfare, services for early childhood education, and other child and family services programs; and

(4) coordinate with the community collaboration initiative developed under Subchapter I, Chapter 434, Government Code, and committees formed by local communities as part of that initiative.

(c) The program must be established initially as a pilot program in areas of the state in which the department considers the implementation practicable. The department shall evaluate the outcomes of the pilot program and ensure that the program is producing positive results before implementing the program throughout the state.

(d) In even-numbered years, the [The] department shall evaluate the program and prepare a [an annual] report on the outcomes of the program. The department shall publish the report on the department's Internet website. The department may combine the report required by this section with the report required by Section 265.154.

SECTION 36. Sections 191.0048(a), (b), and (d), Health and Safety Code, are amended to read as follows:

(a) A person requesting a copy or certified copy of a birth, marriage, or divorce record may make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the prevention and early intervention services division within [Office of Early Childhood Coordination of] the Department of Family and Protective [Health and Human] Services [Commission].

(b) On each paper or electronic application form for a copy or certified copy of a birth, marriage, or divorce record, the department shall include a printed box for the applicant to check indicating that the applicant wishes to make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the prevention and early intervention services division within [Office of Early Childhood Coordination of] the Department of Family and Protective [Health and Human] Services [Commission].

(d) Notwithstanding Section 191.005, the local registrar or county clerk who collects the voluntary contribution under this section shall send the voluntary contribution to the comptroller, who shall deposit the voluntary contribution in the Texas Home Visiting Program trust fund under Section 265.0551 [531.287], Family [Government] Code.

SECTION 37. Section 118.018(c), Local Government Code, is amended to read as follows:

(c) A person applying for a marriage license may make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the prevention and early intervention services division within [Office of Early Childhood Coordination of] the Department of Family and Protective [Health and Human] Services [Commission]. A county clerk shall collect the additional voluntary contribution under this section.

SECTION 38. Sections 118.022(a) and (d), Local Government Code, are amended to read as follows:

(a) If the county clerk collects a fee for issuing a marriage license, the county clerk shall deposit, as provided by Subchapter B, Chapter 133:

(1) $20 of each fee collected for issuing a marriage license or $12.50 of each fee for recording a declaration of informal marriage to be sent to the comptroller and deposited as provided by Subsection (b);

(2) $10 of each fee collected for issuing a marriage license to be sent to the comptroller and deposited as provided by Subsection (c); and

(3) if applicable, the $5 voluntary contribution collected to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the prevention and early intervention services division within [Office of Early Childhood Coordination of] the Department of Family and Protective [Health and Human] Services [Commission] to be sent to the comptroller and deposited as provided by Subsection (d).

(d) The comptroller shall deposit the money received under Subsection (a)(3) in the Texas Home Visiting Program trust fund under Section 265.0551 [531.287], Family [Government] Code.

SECTION 39. The following provisions are repealed:

(1) Section 264.204, Family Code;

(2) Subchapter D, Chapter 264, Family Code;

(3) Sections 265.101(1), 265.104, 265.107, and 265.110, Family Code; and

(4) Sections 531.983, 531.984, 531.985, 531.986, 531.9871, and 531.988, Government Code.

SECTION 40. This Act takes effect September 1, 2019.