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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures in a suit affecting the parent-child |
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relationship for a child placed in the conservatorship of the |
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Department of Family and Protective Services and the provision of |
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community-based foster care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.401(3), Family Code, is amended to |
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read as follows: |
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(3) "Family preservation service" means [a] |
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time-limited, family-focused services [service], including: |
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(A) services [a service] subject to the Family |
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First Prevention Services Act (Title VII, Div. E, Pub. L. |
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No. 115-123), family-based safety services, and services approved |
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under the Title IV-E state plan, provided to the family of a child |
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who is: |
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(i) [(A)] a candidate for foster care to |
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prevent or eliminate the need to remove the child and to allow the |
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child to remain safely with the child's family; |
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(ii) [or (B)] a pregnant or parenting |
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foster youth; |
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(iii) in joint managing conservatorship |
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with the Department of Family and Protective Services under Section |
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262.352 or in the relinquishment avoidance program under Section |
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262.353; or |
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(iv) the subject of an investigation of |
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abuse or neglect that resulted in a disposition of reason to believe |
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abuse or neglect occurred and, absent the provision of services, is |
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a child the department plans to remove from the child's home; and |
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(B) enhanced in-home support services and |
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nonrecurring financial support to promote safe and stable families. |
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SECTION 2. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.0022 to read as follows: |
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Sec. 263.0022. TEMPORARY EMERGENCY SUPERVISION. (a) In |
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this section, "temporary emergency supervision" means the |
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supervision and care provided by the department for a child without |
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placement for whom the department has been appointed as the |
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temporary or permanent managing conservator. |
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(b) The department may not advocate for and a court may not |
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render an order placing a child in temporary emergency supervision |
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if a safe and appropriate placement is available. |
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SECTION 3. Section 264.1261(b), Family Code, is amended to |
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read as follows: |
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(b) Appropriate department management personnel from a |
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child protective services region in which community-based care has |
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not been implemented, in collaboration with foster care providers, |
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faith-based organizations [entities], and child advocates in that |
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region, shall use data collected by the department on foster care |
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capacity needs and availability of each type of foster care and |
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kinship placement in the region to create a plan to address the |
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substitute care capacity needs in the region. The plan must |
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identify both short-term and long-term goals and strategies for |
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addressing those capacity needs. |
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SECTION 4. Section 264.152, Family Code, is amended by |
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amending Subdivision (2) and adding Subdivisions (5) and (6) to |
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read as follows: |
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(2) "Case management" means the provision of case |
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management services to a child for whom the department has been |
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appointed temporary or permanent managing conservator or to the |
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child's family, a young adult in extended foster care, a relative or |
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kinship caregiver, or a child who has been placed in the catchment |
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area through the Interstate Compact on the Placement of Children, |
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and includes: |
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(A) caseworker visits with the child; |
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(B) family and caregiver visits; |
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(C) convening and conducting permanency planning |
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meetings; |
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(D) the development and revision of child and |
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family plans of service, including a permanency plan and goals for a |
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child or young adult in care; |
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(E) the coordination and monitoring of services |
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required by the child and the child's family or caregivers, |
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including: |
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(i) pre-adoption and post-adoption |
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assistance; and |
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(ii) services for children in the |
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conservatorship of the department who must transition to |
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independent living; |
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(F) the assumption of court-related duties |
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regarding the child, including: |
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(i) providing any required notifications or |
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consultations; |
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(ii) preparing court reports; |
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(iii) attending judicial and permanency |
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hearings, trials, and mediations; |
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(iv) complying with applicable court |
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orders; and |
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(v) ensuring the child is progressing |
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toward the goal of permanency within state and federally mandated |
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guidelines; and |
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(G) any other function or service that the |
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department determines necessary to allow a single source continuum |
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contractor to assume responsibility for case management. |
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(5) "Faith-based organization" means a religious or |
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denominational institution or organization, including an |
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organization operated for religious, educational, or charitable |
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purposes and operated, supervised, or controlled, in whole or in |
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part, by or in connection with a religious organization. |
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(6) "Family preservation service" means time-limited, |
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family-focused services, including: |
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(A) services subject to the Family First |
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Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123), |
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family-based safety services, and services approved under the Title |
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IV-E state plan provided to the family of a child who is: |
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(i) a candidate for foster care to prevent |
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or eliminate the need to remove the child and to allow the child to |
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remain safely with the child's family; |
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(ii) a pregnant or parenting foster youth; |
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(iii) in joint managing conservatorship |
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with the Department of Family and Protective Services under Section |
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262.352 or in the relinquishment avoidance program under Section |
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262.353; or |
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(iv) the subject of an investigation of |
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abuse or neglect that resulted in a disposition of reason to believe |
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abuse or neglect occurred and, absent the provision of services, is |
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a child the department plans to remove from the child's home; and |
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(B) enhanced in-home support services and |
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nonrecurring financial support to promote safe and stable families. |
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SECTION 5. The heading to Section 264.155, Family Code, is |
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amended to read as follows: |
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Sec. 264.155. [REQUIRED] CONTRACT PROVISIONS. |
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SECTION 6. Section 264.155, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A contract with a single source continuum contractor to |
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provide community-based care services in a catchment area must |
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include provisions that: |
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(1) establish a timeline for the implementation of |
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community-based care in the catchment area, including a timeline |
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for implementing: |
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(A) family preservation services; |
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(B) case management services for children, |
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families, and relative and kinship caregivers receiving services in |
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the catchment area; and |
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(C) [(B)] family reunification support services |
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to be provided after a child receiving services from the contractor |
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is returned to the child's family; |
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(2) establish conditions for the single source |
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continuum contractor's access to relevant department data and |
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require the participation of the contractor in the data access and |
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standards governance council created under Section 264.159; |
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(3) require the single source continuum contractor to |
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create a single process for the training and use of alternative |
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caregivers for all child-placing agencies in the catchment area to |
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facilitate reciprocity of licenses for alternative caregivers |
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between agencies, including respite and overnight care providers, |
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as those terms are defined by department rule; |
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(4) require the single source continuum contractor to |
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maintain a diverse network of service providers that offer a range |
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of foster capacity options and that can accommodate children from |
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diverse cultural backgrounds; |
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(5) allow the department to conduct a performance |
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review of the contractor beginning 18 months after the contractor |
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has begun providing case management and family reunification |
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support services to all children and families in the catchment area |
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and determine if the contractor has achieved any performance |
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outcomes specified in the contract; |
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(6) following the review under Subdivision (5), allow |
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the department to: |
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(A) impose financial penalties on the contractor |
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for failing to meet any specified performance outcomes; or |
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(B) award financial incentives to the contractor |
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for exceeding any specified performance outcomes; |
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(7) following the review under Subdivision (5), |
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transfer the provision of family preservation services to the |
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contractor; |
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(8) require the contractor to give preference for |
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employment to employees of the department: |
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(A) whose position at the department is impacted |
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by the implementation of community-based care; and |
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(B) who are considered by the department to be |
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employees in good standing; |
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(9) [(8)] require the contractor to provide |
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preliminary and ongoing community engagement plans to ensure |
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communication and collaboration with local stakeholders in the |
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catchment area, including any of the following: |
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(A) community faith-based organizations |
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[entities]; |
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(B) the judiciary; |
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(C) court-appointed special advocates; |
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(D) child advocacy centers; |
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(E) service providers; |
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(F) foster families; |
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(G) biological parents; |
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(H) foster youth and former foster youth; |
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(I) relative or kinship caregivers; |
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(J) child welfare boards, if applicable; |
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(K) attorneys ad litem; |
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(L) attorneys that represent parents involved in |
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suits filed by the department; and |
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(M) any other stakeholders, as determined by the |
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contractor; and |
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(10) [(9)] require that the contractor comply with any |
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applicable court order issued by a court of competent jurisdiction |
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in the case of a child for whom the contractor has assumed case |
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management responsibilities or an order imposing a requirement on |
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the department that relates to functions assumed by the contractor. |
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(a-1) A contract with a single source continuum contractor |
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to provide community-based care services in a catchment area may |
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include provisions that require the contractor to develop a program |
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to recruit and retain foster parents from faith-based |
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organizations, including requirements for the contractor to: |
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(1) collaborate with faith-based organizations to |
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inform prospective foster parents about: |
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(A) the need for foster parents in the community; |
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(B) the requirements for becoming a foster |
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parent; and |
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(C) any other aspect of the foster care program |
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that is necessary to recruit foster parents; |
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(2) provide training for prospective foster parents; |
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and |
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(3) identify and recommend ways in which faith-based |
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organizations may support persons as they are recruited, are |
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trained, and serve as foster parents. |
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SECTION 7. Section 264.156(a), Family Code, is amended to |
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read as follows: |
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(a) The department shall develop a formal review process to |
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assess the ability of a single source continuum contractor to |
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satisfy the responsibilities and administrative requirements of |
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delivering foster care services and services for relative and |
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kinship caregivers, including the contractor's ability to provide: |
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(1) family preservation services; |
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(2) case management services for children and |
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families; |
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(3) [(2)] evidence-based, promising practice, or |
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evidence-informed supports for children and families; and |
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(4) [(3)] sufficient available capacity for inpatient |
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and outpatient services and supports for children at all service |
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levels who have previously been placed in the catchment area. |
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SECTION 8. Sections 264.158(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) In each initial catchment area where community-based |
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care has been implemented or a contract with a single source |
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continuum contractor has been executed before September 1, 2017, |
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the department shall transfer to the single source continuum |
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contractor providing foster care services in that area: |
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(1) family preservation services; |
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(2) the case management of children, relative and |
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kinship caregivers, and families receiving services from that |
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contractor; and |
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(3) [(2)] family reunification support services to be |
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provided after a child receiving services from the contractor is |
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returned to the child's family for the period of time ordered by the |
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court. |
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(b) The commission shall include a provision in a contract |
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with a single source continuum contractor to provide foster care |
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services and services for relative and kinship caregivers in a |
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catchment area to which community-based care is expanded after |
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September 1, 2017, that requires the transfer to the contractor of |
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the provision of: |
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(1) family preservation services; |
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(2) the case management services for children, |
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relative and kinship caregivers, and families in the catchment area |
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where the contractor will be operating; and |
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(3) [(2)] family reunification support services to be |
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provided after a child receiving services from the contractor is |
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returned to the child's family. |
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SECTION 9. Sections 264.113(a), (b), and (c), Family Code, |
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are repealed. |
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SECTION 10. (a) Section 263.0022, Family Code, as added by |
|
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this Act, applies to a placement review hearing of a child |
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regardless of the date on which the Department of Family and |
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Protective Services is named the child's managing conservator. |
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(b) Sections 264.152, 264.155, 264.156(a), and 264.158(a) |
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and (b), Family Code, as amended by this Act, apply only to a |
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contract with a single source continuum contractor entered into on |
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or after the effective date of this Act. A contract with a single |
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source continuum contractor entered into before the effective date |
|
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of this Act is governed by the law in effect on the date the contract |
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was entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 11. This Act takes effect September 1, 2023. |
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* * * * * |