By: Sparks S.B. No. 593
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to licensing and oversight of certain facilities and homes
  providing substitute care for children in the conservatorship of
  the Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Human Resources Code, is amended by
  adding Section 42.069 to read as follows:
         Sec. 42.069.  REQUIRED AUDIT OF RULES AND STANDARDS. (a) Not
  later than December 31, 2023, the commission shall engage an
  independent third party to conduct an audit of the rules, minimum
  standards, and contract requirements that apply to licensed
  child-placing agencies, residential child-care facilities, foster
  homes, kinship care homes, and adoptive homes. The audit shall make
  recommendations for:
               (1)  simplifying minimum standards to prioritize child
  safety and reduce barriers to entry for child-placing agencies,
  residential child-care facilities, foster families, kinship
  families, and adoptive families; 
               (2)  eliminating any standards weighted "low,"
  "medium-low," and "medium" that are not directly related to child
  safety or in line with model licensing standards recommended by the
  United States Department of Health and Human Services
  Administration for Children and Families;
               (3)  easing ongoing licensing, training, and oversight
  requirements that act as barriers to retaining high-quality foster,
  kinship, and adoptive homes;
               (4)  updating professional licensing standards to
  prioritize child safety and reduce barriers to hiring and retaining
  high-quality child placing agency leadership, administrators, and
  staff;
               (5)  providing maximum flexibility for the application
  of standards to ensure that services are responsive to the unique
  needs of children in care; and
               (6)  defining the role of entities responsible for
  licensing, investigations, contract oversight, and any other
  regulatory activities to eliminate duplicative functions between
  entities and promote transparency and clarity of expectations for
  all child-placing agencies, residential child-care facilities,
  foster families, kinship families, and adoptive families.
         (b)  The audit shall also include a review of any standards
  or oversight requirements contained in Texas statute for relevance,
  best practice, and compliance with federal guidelines and make
  recommendations to the Legislature on any statutes that should be
  repealed, put into rule, or remain in code.
         (c)  The audit required by this Section shall be completed
  not later than the earlier of December 31, 2024 or the date the
  commission conducts the next review required by Section 42.042(b).
         (d)  The audit and recommendations shall be posted on the
  commission's public internet website and be delivered to the
  executive commissioner of the Health and Human Services Commission,
  the commissioner of the Department of Family and Protective
  Services, the Governor, the Lieutenant Governor, the Speaker of the
  House, and the Chairs of the House Human Services and Senate Health
  and Human Services Committees.
         (e)  Within 90 days of receipt of the audit and
  recommendations required by this section, the executive
  commissioner of the Health and Human Services Commission and the
  commissioner of the Department of Family and Protective Services
  shall jointly deliver an implementation plan to the Governor,
  Lieutenant Governor, Speaker of the House, and the Chairs of the
  House Human Services and Senate Health and Human Services
  Committees. The implementation plan shall include a detailed
  justification for any recommendations the department and
  commission decline to implement.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.