BILL ANALYSIS

 

 

Senate Research Center

S.B. 452

 

By: West

 

Health & Human Services

 

6/8/2021

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

�         Evidence-based practice requirements help the state provide high quality services for children and families across Texas in situations where there is a risk of abuse or neglect. This bill updates current law relating to prevention and early intervention services to ensure that the state provides the best possible prevention programming and services intended to prevent child abuse or neglect.

 

�         This bill amends the Family Code to make requirements relating to parenting education programs provided by the Department of Family and Protective Services (DFPS), including requirements relating to program outcomes, evaluation by DFPS, and submission of a legislative report, applicable to prevention and early intervention programs or practices. The bill revises the criteria for a program or practice to be considered evidence-based or promising and requires that evidence-informed programs and practices must:

 

�         combine well-researched interventions with clinical experience and ethics and client preferences and culture to guide and inform the delivery of treatments and services;

 

�         have an active impact evaluation program or demonstrate a schedule for implementing an active impact evaluation program;

 

�         substantially comply with a program manual or design that specifies the purpose, outcome, duration, and frequency of the program services; and

 

�         employ well-trained and competent staff and provide continual relevant professional development opportunities to the staff.

 

This bill revises the outcome requirements for evidence-based prevention and early intervention programs and practices and includes improved maternal and child health and increased protective factors for youth among those requirements.

 

(Original Author's/Sponsor's Statement of Intent)

 

S.B. 452 amends current law relating to prevention and early intervention programs and practices.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 264.201(d), Family Code, to require that a program or practice, if the Department of Family and Protective Services (DFPS) requires or a court orders parenting skills training services through a parenting education program or practice, be an evidence-based program or practice or promising program or practice, rather than be an evidence‑based or promising practice parenting education program described by Section 265.151, that is provided in the community in which the family resides, if available. Makes conforming changes.

 

SECTION 2. Amends Section 265.004(a-1), Family Code, to require DFPS to ensure that not less than 75 percent of the money appropriated for parenting education programs under Subsection (a) (relating to the allocation of appropriations to fund certain evidence‑based programs for at-risk families) funds evidence-based programs or practices described by Section 265.151(b) and that the remainder of that money funds promising programs or practices, rather than promising practice programs, described by Section 265.151(c) or evidence-informed programs or practices described by Section 265.151(d). Makes a conforming change.

 

SECTION 3. Amends the heading to Subchapter D, Chapter 265, Family Code, to read as follows:

 

SUBCHAPTER D. EVIDENCE-BASED PROGRAMS AND PRACTICES

 

SECTION 4. Amends the heading to Section 265.151, Family Code, to read as follows:

 

Sec. 265.151. REQUIREMENTS FOR PROGRAMS AND PRACTICES ON EVIDENCE-BASED SPECTRUM.

 

SECTION 5. Amends Section 265.151, Family Code, by amending Subsections (b) and (c) and adding Subsection (d), as follows:

 

(b) Provides that an evidence-based program or practice is a program or practice that, among other things, is associated with an organization in this state, a national organization, an institution of higher education, or a national or state public health institute. Deletes existing text referring to a parenting education program and makes conforming changes.

 

(c) Provides that a promising program or practice is a program or practice that meet certain criteria. Deletes existing text referring to a parenting education program and makes conforming changes.

 

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

 

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

 

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

 

(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 6. Amends Section 265.152, Family Code, as follows:

 

Sec. 265.152. New heading: OUTCOMES OF EVIDENCE-BASED PREVENTION AND EARLY INTERVENTION PROGRAMS AND PRACTICES. Requires DFPS to ensure that a prevention and early intervention program or practice, rather than a parenting education program, provided under Subchapter D, rather than under Chapter 265 (Prevention and Early Intervention Services), achieves favorable behavioral outcomes in at least two of the following areas:

 

(1) makes no changes to this subdivision;

 

(2) increased readiness for and participation and performance in school, rather than increased school readiness of children;

 

(3)� and (4)� makes no changes to these subdivisions;

 

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

 

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

 

(7) makes no changes to this subdivision;

 

(8) reduced parental or youth involvement, rather than reduced parental involvement, with the criminal justice system; and

 

(9) makes no change to this subdivision.

 

SECTION 7. Amends Section 265.153, Family Code, as follows:

Sec. 265.153. New heading: EVALUATION OF PREVENTION AND EARLY INTERVENTION PROGRAMS AND PRACTICES. (a) Requires DFPS to adopt outcome indicators to measure the effectiveness of prevention and early intervention programs and practices provided under Subchapter D, rather than provided under Chapter 265, in achieving desired outcomes. Makes conforming changes.

����������� (b)-(d) Makes conforming changes to these subsections.

SECTION 8. Amends Section 265.154, Family Code, to make conforming changes.

 

SECTION 9. Repealer: Section 265.151(a) (relating to requiring that a parenting education program provided by DFPS be an evidence-based or a promising practice program), Family Code.

 

SECTION 10. Effective date: September 1, 2021.