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  S.B. No. 758
 
 
 
 
AN ACT
  relating to child protective services; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Subsection (b), Section 29.153, Education
  Code, is amended to read as follows:
         (b)  A child is eligible for enrollment in a prekindergarten
  class under this section if the child is at least three years of age
  and [is]:
               (1)  is unable to speak and comprehend the English
  language;
               (2)  is educationally disadvantaged;
               (3)  is a homeless child, as defined by 42 U.S.C.
  Section 11434a [11302], regardless of the residence of the child,
  of either parent of the child, or of the child's guardian or other
  person having lawful control of the child;
               (4)  is the child of an active duty member of the armed
  forces of the United States, including the state military forces or
  a reserve component of the armed forces, who is ordered to active
  duty by proper authority; [or]
               (5)  is the child of a member of the armed forces of the
  United States, including the state military forces or a reserve
  component of the armed forces, who was injured or killed while
  serving on active duty; or
               (6)  is or ever has been in the conservatorship of the
  Department of Family and Protective Services following an adversary
  hearing held as provided by Section 262.201, Family Code.
         (b)  The change in law made by this section applies beginning
  with the 2007-2008 school year.
         SECTION 2.  Subsection (a), Section 102.004, Family Code, is
  amended to read as follows:
         (a)  In addition to the general standing to file suit
  provided by Section 102.003, a grandparent, or another relative of
  the child related within the third degree by consanguinity, may
  file an original suit requesting managing conservatorship if there
  is satisfactory proof to the court that:
               (1)  the order requested is necessary because the
  child's present circumstances would significantly impair the
  child's physical health or emotional development; or
               (2)  both parents, the surviving parent, or the
  managing conservator or custodian either filed the petition or
  consented to the suit.
         SECTION 3.  (a)  Section 102.005, Family Code, is amended to
  read as follows:
         Sec. 102.005.  STANDING TO REQUEST TERMINATION AND ADOPTION.  
  An original suit requesting only an adoption or for termination of
  the parent-child relationship joined with a petition for adoption
  may be filed by:
               (1)  a stepparent of the child;
               (2)  an adult who, as the result of a placement for
  adoption, has had actual possession and control of the child at any
  time during the 30-day period preceding the filing of the petition;
               (3)  an adult who has had actual possession and control
  of the child for not less than two months during the three-month
  period preceding the filing of the petition; [or]
               (4)  an adult who has adopted, or is the foster parent
  of and has petitioned to adopt, a sibling of the child; or
               (5)  another adult whom the court determines to have
  had substantial past contact with the child sufficient to warrant
  standing to do so.
         (b)  The change in law made by this section applies 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 4.  (a)  Section 162.304, Family Code, is amended by
  adding Subsections (g) and (h) to read as follows:
         (g)  The executive commissioner of the Health and Human
  Services Commission by rule shall provide that the maximum amount
  of the subsidy under Subsection (b) that may be paid to an adoptive
  parent of a child under an adoption assistance agreement is an
  amount that is equal to the amount that would have been paid to the
  foster parent of the child, based on the child's foster care service
  level on the date the department and the adoptive parent enter into
  the adoption assistance agreement. This subsection applies only to
  a child who, based on factors specified in rules of the department,
  the department determines would otherwise have been expected to
  remain in foster care until the child's 18th birthday and for whom
  this state would have made foster care payments for that care.
  Factors the department may consider in determining whether a child
  is eligible for the amount of the subsidy authorized by this
  subsection include the following:
               (1)  the child's mental or physical disability, age,
  and membership in a sibling group; and
               (2)  the number of prior placement disruptions the
  child has experienced.
         (h)  In determining the amount that would have been paid to a
  foster parent for purposes of Subsection (g), the department:
               (1)  shall use the minimum amount required to be paid to
  a foster parent for a child assigned the same service level as the
  child who is the subject of the adoption assistance agreement; and
               (2)  may not include any amount that a child-placing
  agency is entitled to retain under the foster care rate structure in
  effect on the date the department and the adoptive parent enter into
  the agreement.
         (b)  Subsections (g) and (h), Section 162.304, Family Code,
  as added by this section, apply only to an adoption assistance
  agreement that is entered into on or after the effective date of
  this Act. An adoption assistance agreement that was entered into
  before the effective date of this Act is governed by the law in
  effect on the date the agreement was entered into, and the former
  law is continued in effect for that purpose.
         SECTION 5.  Subsection (a), Section 201.007, Family Code, is
  amended to read as follows:
         (a)  Except as limited by an order of referral, an associate
  judge may:
               (1)  conduct a hearing;
               (2)  hear evidence;
               (3)  compel production of relevant evidence;
               (4)  rule on the admissibility of evidence;
               (5)  issue a summons for:
                     (A)  the appearance of witnesses;  and
                     (B)  the appearance of a parent who has failed to
  appear before an agency authorized to conduct an investigation of
  an allegation of abuse or neglect of a child after receiving proper
  notice;
               (6)  examine a witness;
               (7)  swear a witness for a hearing;
               (8)  make findings of fact on evidence;
               (9)  formulate conclusions of law;
               (10)  recommend an order to be rendered in a case;
               (11)  regulate all proceedings in a hearing before the
  associate judge;
               (12)  order the attachment of a witness or party who
  fails to obey a subpoena;
               (13)  order the detention of a witness or party found
  guilty of contempt, pending approval by the referring court as
  provided by Section 201.013;
               (14)  render and sign:
                     (A)  a final order agreed to in writing as to both
  form and substance by all parties;
                     (B)  a final default order; or
                     (C)  a temporary order; and
               (15)  take action as necessary and proper for the
  efficient performance of the associate judge's duties.
         SECTION 6.  Section 261.303, Family Code, is amended by
  amending Subsection (d) and adding Subsection (e) to read as
  follows:
         (d)  A person, including a medical facility, that makes a
  report under Subchapter B shall release to the department or
  designated agency, as part of the required report under Section
  261.103, records that directly relate to the suspected abuse or
  neglect without requiring parental consent or a court order. If a
  child is transferred from a reporting medical facility to another
  medical facility to treat the injury or condition that formed the
  basis for the original report, the transferee medical facility
  shall, at the department's request, release to the department
  records relating to the injury or condition without requiring
  parental consent or a court order.
         (e)  A person, including a utility company, that has
  confidential locating or identifying information regarding a
  family that is the subject of an investigation under this chapter
  shall release that information to the department on request.  The
  release of information to the department as required by this
  subsection by a person, including a utility company, is not subject
  to Section 552.352, Government Code, or any other law providing
  liability for the release of confidential information.
         SECTION 7.  Section 261.3031, Family Code, is amended to
  read as follows:
         Sec. 261.3031.  FAILURE TO COOPERATE WITH INVESTIGATION;
  DEPARTMENT RESPONSE.  (a)  If a parent or other person refuses to
  cooperate with the department's investigation of the alleged abuse
  or neglect of a child and the refusal poses a risk to the child's
  safety, the department shall seek assistance from the appropriate
  county attorney or district attorney or criminal district attorney
  with responsibility for representing the department as provided by
  Section 264.009 to obtain a court order as described by Section
  261.303.
         (b)  A person's failure to report to an agency authorized to
  investigate abuse or neglect of a child within a reasonable time
  after receiving proper notice constitutes a refusal by the person
  to cooperate with the department's investigation. A summons may be
  issued to locate the person.
         SECTION 8.  Section 263.102, Family Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  The department shall consult with relevant
  professionals to determine the skills or knowledge that the parents
  of a child under two years of age should learn or acquire to provide
  a safe placement for the child. The department shall incorporate
  those skills and abilities into the department's service plans, as
  appropriate.
         (g)  To the extent that funding is available, the service
  plan for a child under two years of age may require therapeutic
  visits between the child and the child's parents supervised by a
  licensed psychologist or another relevant professional to promote
  family reunification and to educate the parents about issues
  relating to the removal of the child.
         SECTION 9.  Section 264.012, Family Code, is amended by
  adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  The department shall spend money appropriated for the
  child protective services program to pay reasonable and necessary
  burial expenses for a person for whom the department is paying for
  foster care under Section 264.101(a-1)(2) and who dies while in
  foster care unless there is money in the person's estate or other
  money available to pay the person's burial expenses.
         (b)  The department may accept donations, gifts, or in-kind
  contributions to cover the costs of any burial expenses paid by the
  department under this section [for children for whom the department
  has been appointed managing conservator].
         SECTION 10.  Subchapter A, Chapter 264, Family Code, is
  amended by adding Section 264.014 to read as follows:
         Sec. 264.014.  PROVISION OF COPIES OF CERTAIN RECORDS. If,
  at the time a child is discharged from foster care, the child is at
  least 18 years of age or has had the disabilities of minority
  removed, the department shall provide to the child, not later than
  the 30th day after the date the child is discharged from foster
  care, a copy of:
               (1)  the child's birth certificate;
               (2)  the child's immunization records; and
               (3)  the information contained in the child's health
  passport.
         SECTION 11.  The heading to Section 264.106, Family Code, is
  amended to read as follows:
         Sec. 264.106.  [REQUIRED] CONTRACTS FOR SUBSTITUTE CARE AND
  CASE MANAGEMENT SERVICES.
         SECTION 12.  (a)  Subsections (a), (b), (c), (e), and (g),
  Section 264.106, Family Code, are amended to read as follows:
         (a)  In this section:
               (1)  "Case management services" means the provision of
  [case management] services, other than conservatorship services,
  to a child for whom the department has been appointed temporary or
  permanent managing conservator and the child's family, including:
                     (A)  developing and revising [caseworker-child
  visits, family visits, the convening of family group conferences,
  the development and revision of] the child and family case plan,
  using family group decision-making in appropriate cases;
                     (B)  coordinating [the coordination] and
  monitoring permanency [of] services needed by the child and family
  to ensure[, and the assumption of court-related duties, including
  preparing court reports, attending judicial hearings and
  permanency hearings, and ensuring] that the child is progressing
  toward permanency within state and federal mandates; and
                     (C)  assisting the department in a suit affecting
  the parent-child relationship commenced by the department.
               (2)  "Conservatorship services" means services
  provided directly by the department that the department considers
  necessary to ensure federal financial participation and compliance
  with state law requirements, including:
                     (A)  initial placement of a child and approval of
  all subsequent placements of a child;
                     (B)  approval of the child and family case plan;
  and
                     (C)  any other action the department considers
  necessary to ensure the safety and well-being of a child
  ["Independent administrator" means an independent agency selected
  through a competitive procurement process to:
                     [(A)     secure, coordinate, and manage substitute
  care services and case management services in a geographically
  designated area of the state; and
                     [(B)     ensure continuity of care for a child
  referred to the administrator by the department and the child's
  family from the day a child enters the child protective services
  system until the child leaves the system].
               (3)  "Permanency services" means services[, other than
  family-based safety services,] provided to secure a child's safety,
  permanency, and well-being, including:
                     (A)  substitute care services;
                     (B)  medical, dental, mental health, and
  educational services;
                     (C)  [,] family reunification services;
                     (D)  [,] adoption and postadoption services
  and[,] preparation for adult living services;
                     (E)  convening family group conferences;
                     (F)  child and family visits;
                     (G)  relative placement services; and
                     (H)  post-placement supervision[, and case
  management] services.
               (4)  "Substitute care provider" means:
                     (A)  a child-care institution, a general
  residential operation, or a child-placing agency, as defined by
  Section 42.002, Human Resources Code; or
                     (B)  a provider of residential child-care that is
  licensed or certified by another state agency.
               (5)  "Substitute care services" means services
  provided by a substitute care provider to or for a child in the
  temporary or permanent managing conservatorship of the department
  or for the child's placement [children in substitute care and their
  families], including the recruitment, training, and management of
  foster and adoptive homes by a child-placing agency [foster
  parents, the recruitment of adoptive families, and the facilitation
  of the adoption process, family preservation, independent living,
  emergency shelter, residential group care, foster care,
  therapeutic foster care, and post-placement supervision, including
  relative placement]. The term does not include the regulation of
  facilities under Subchapter C, Chapter 42, Human Resources Code.
         (b)  The department shall, in accordance with Chapter 45
  [Section 45.004], Human Resources Code:
               (1)  assess the need for substitute care [and case
  management] services throughout the state;
               (2)  [either] contract [directly] with substitute care
  providers [private agencies as part of regional community-centered
  networks] for the provision of all necessary substitute care [and
  case management] services when the department determines that
  entering into a contract will improve services to children and
  families [or use an independent administrator to contract for those
  services];
               (3)  [contract with an independent administrator, if
  cost beneficial, to coordinate and manage all services needed for
  children in the temporary or permanent managing conservatorship of
  the department in a designated geographic area;
               [(4)]  monitor the quality of services for which the
  department contracts [and each independent administrator contract]
  under this section; and
               (4) [(5)]  ensure that the services are provided in
  accordance with federal law and the laws of this state, including
  department rules and rules of the Department of State Health
  Services and the Texas Commission on Environmental Quality.
         (c)  The department shall develop a pilot program for the
  competitive procurement of case management services in one or more
  geographic areas of the state. The department shall contract with
  one or more substitute care providers to provide case management
  services under the pilot program. The department shall have a goal
  of privatizing case management services in five percent of the
  cases in which the department has been appointed temporary or
  permanent managing conservator of a child [An independent
  administrator may not:
               [(1)  directly provide substitute care services; or
               [(2)     be governed by a board that has a member who has a
  financial interest in a substitute care or case management provider
  with whom the independent administrator subcontracts].
         (e)  In addition to the requirements of Section 40.058(b),
  Human Resources Code, a contract authorized under this section
  [with an independent administrator] must include provisions that:
               (1)  enable the department to monitor the effectiveness
  of the services;
               (2)  specify performance outcomes;
               (3)  authorize the department to terminate the contract
  or impose sanctions for a violation of a provision of the contract
  that specifies performance criteria;
               (4)  ensure that a private agency that is providing
  substitute care or case management services for a child shall
  provide to the child's attorney ad litem and guardian ad litem
  access to the agency's information and records relating to the
  child; [an independent administrator may not refuse to accept a
  client who is referred for services or reject a client who is
  receiving services unless the department has reviewed the
  independent administrator's decision and approved the decision in
  writing;]
               (5)  authorize the department, an agent of the
  department, and the state auditor to inspect all books, records,
  and files maintained by a contractor [an independent administrator]
  relating to the contract; and
               (6)  the department determines are necessary to ensure
  accountability for the delivery of services and for the expenditure
  of public funds.
         (g)  In determining whether to contract with a substitute
  care provider [or an independent administrator], the department
  shall consider the provider's [or administrator's] performance
  under any previous contract between the department and the provider
  [or administrator].
         (b)  The Department of Family and Protective Services shall
  enter into one or more contracts for case management services under
  the pilot program described by Section 264.106, Family Code, as
  amended by this section, on or before September 1, 2008, with a goal
  of contracting for case management services in five percent of the
  cases in the state in which the department has been appointed
  temporary or permanent managing conservator of a child.
  Notwithstanding this deadline, the department must continue to
  provide case management services in any area covered by the pilot
  program if:
               (1)  the department is unable to enter into a contract
  with a person to provide case management services; or
               (2)  after entering into a contract, either the
  contractor or the department terminates the contract.
         (c)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules describing the circumstances
  in which the Department of Family and Protective Services may
  continue to provide case management services on an emergency basis
  during the pilot program described in Section 264.106, Family Code,
  as amended by this section.
         SECTION 13.  Section 264.1063, Family Code, is amended to
  read as follows:
         Sec. 264.1063.  MONITORING PERFORMANCE OF SUBSTITUTE CARE
  AND CASE MANAGEMENT PROVIDERS. (a)  The department, in
  consultation with substitute care providers [private entities]
  under contract with [either an independent administrator or] the
  department to provide substitute care or case management services,
  shall establish a quality assurance program that uses
  comprehensive, multitiered assurance and improvement systems
  [based, subject to the availability of funds, on real-time data] to
  evaluate performance.
         (b)  The contract performance outcomes specified in a
  contract under Section 264.106 must be [consistent with the fiscal
  goals of privatizing substitute care and case management services
  and must be] within the contractor's authority to deliver. The
  contract must clearly define the manner in which the substitute
  care or case management provider's performance will be measured and
  identify the information sources the department [and, if
  applicable, the independent administrator] will use to evaluate the
  performance.
         SECTION 14.  Section 264.107, Family Code, is amended by
  amending Subsections (c) through (f) and adding Subsection (g) to
  read as follows:
         (c)  The department shall institute [contract between the
  department and an independent administrator or other authorized
  entity must require, not later than September 1, 2009,] the use of
  real-time technology in the department's [independent
  administrator's or other authorized entity's] placement system to
  screen possible placement options for a child and match the child's
  needs with the most qualified providers with vacancies.
         (d)  The department shall [institute a quality assurance
  system in monitoring the independent administrators or other
  authorized entities to] ensure that placement decisions are
  reliable and are made in a consistent manner.
         (e)  In making placement decisions, the department [an
  independent administrator or other authorized entity] shall:
               (1)  consult with the child's caseworker and the
  child's attorney ad litem, guardian ad litem, or court-appointed
  volunteer advocate when possible; and
               (2)  use clinical protocols to match a child to the most
  appropriate placement resource.
         (f)  The department may create a regional advisory council in
  a region to assist the department [and independent administrator or
  other authorized entity] in:
               (1)  assessing the need for resources in the region;
  and
               (2)  locating substitute care services in the region
  for hard-to-place children.
         (g)  If the department is unable to find an appropriate
  placement for a child, an employee of the department who has on file
  a background and criminal history check may provide temporary
  emergency care for the child.  An employee may not provide emergency
  care under this subsection in the employee's residence.  The
  department shall provide notice to the court for a child placed in
  temporary care under this subsection not later than the next
  business day after the date the child is placed in temporary care.
         SECTION 15.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1071 to read as follows:
         Sec. 264.1071.  PLACEMENT FOR CHILDREN UNDER AGE TWO. In
  making a placement decision for a child under two years of age, the
  department shall:
               (1)  ensure that the child is placed with a person who
  will provide a safe and emotionally stable environment for the
  child; and
               (2)  give priority to a person who will be able to
  provide care for the child without disruption until the child is
  returned to the child's parents or the department makes a permanent
  placement for the child.
         SECTION 16.  Section 264.113, Family Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  The department shall work with OneStar Foundation to
  expand the program described by Subsection (b) to increase the
  number of foster families available for the department and its
  private providers. In cooperation with the department, OneStar
  Foundation may provide training and technical assistance to
  establish networks and services in faith-based organizations based
  on best practices for supporting prospective and current foster
  families.
         (d)  The department shall work with the Department of
  Assistive and Rehabilitative Services to recruit foster parents and
  adoptive parents who have skills, training, or experience suitable
  to care for children with hearing impairments.
         SECTION 17.  Section 264.121, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  At the time a child enters the Preparation for Adult
  Living Program, the department shall provide an information booklet
  to the child and the foster parent describing the program and the
  benefits available to the child, including extended Medicaid
  coverage until age 21, priority status with the Texas Workforce
  Commission, and the exemption from the payment of tuition and fees
  at institutions of higher education as defined by Section 61.003,
  Education Code.  The information booklet provided to the child and
  the foster parent shall be provided in the primary language spoken
  by that individual.
         SECTION 18.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.122 to read as follows:
         Sec. 264.122.  COURT APPROVAL REQUIRED FOR TRAVEL OUTSIDE
  UNITED STATES BY CHILD IN FOSTER CARE.  (a)  A child for whom the
  department has been appointed managing conservator and who has been
  placed in foster care may travel outside of the United States only
  if the person with whom the child has been placed has petitioned the
  court for, and the court has rendered an order granting, approval
  for the child to travel outside of the United States.
         (b)  The court shall provide notice to the department and to
  any other person entitled to notice in the suit if the court renders
  an order granting approval for the child to travel outside of the
  United States under this section.
         SECTION 19.  Subchapter C, Chapter 264, Family Code, is
  amended by adding Section 264.2011 to read as follows:
         Sec. 264.2011.  ENHANCED IN-HOME SUPPORT PROGRAM. (a)  To
  the extent that funding is available, the department shall develop
  a program to strengthen families through enhanced in-home support.
  The program shall assist certain low-income families and children
  in child neglect cases in which poverty is believed to be a
  significant underlying cause of the neglect and in which the
  enhancement of in-home support appears likely to prevent removal of
  the child from the home or to speed reunification of the child with
  the family.
         (b)  A family that meets eligibility criteria for inclusion
  in the program is eligible to receive limited funding from a
  flexible fund account to cover nonrecurring expenses that are
  designed to help the family accomplish the objectives included in
  the family's service plan.
         (c)  The executive commissioner shall adopt rules
  establishing:
               (1)  specific eligibility criteria for the program
  described in this section;
               (2)  the maximum amount of money that may be made
  available to a family through the flexible fund account; and
               (3)  the purposes for which money made available under
  the program may be spent.
         (d)  The department shall evaluate the results of the program
  to determine whether the program is successful in safely keeping
  families together.  If the department determines that the program
  is successful, the department shall continue the program to the
  extent that funding is available.
         SECTION 20.  Subsection (a), Section 264.203, Family Code,
  is amended to read as follows:
         (a)  Except as provided by Subsection (d), the court on
  request of the department may order the parent, managing
  conservator, guardian, or other member of the subject [abused or
  neglected] child's household to:
               (1)  participate in the services the department
  provides or purchases for:
                     (A)  alleviating the effects of the abuse or
  neglect that has occurred; or
                     (B)  reducing the reasonable likelihood that the
  child may be abused or neglected in the immediate or foreseeable
  future; and
               (2)  [to] permit the child and any siblings of the child
  to receive the services.
         SECTION 21.  Chapter 266, Family Code, as added by Chapter
  268, Acts of the 79th Legislature, Regular Session, 2005, is
  amended by adding Section 266.0031 to read as follows:
         Sec. 266.0031.  COMMITTEE ON PEDIATRIC CENTERS OF EXCELLENCE
  RELATING TO ABUSE AND NEGLECT. (a)  The committee on pediatric
  centers of excellence relating to abuse and neglect is composed of
  10 members appointed by the executive commissioner.  The members
  must include:
               (1)  a representative of the attorney general's office;
               (2)  a representative of the Department of State Health
  Services;
               (3)  a representative of the Department of Family and
  Protective Services;
               (4)  a representative of the Health and Human Services
  Commission;
               (5)  a representative of a child advocacy center;
               (6)  three pediatricians who specialize in treating
  victims of child abuse;
               (7)  a representative from a children's hospital; and
               (8)  a representative of a medical school, as defined
  by Section 61.501, Education Code, with expertise in forensic
  consultation.
         (b)  The executive commissioner shall designate a member
  representing the Department of State Health Services as the
  presiding officer of the committee.
         (c)  If there is a medical director for the department, the
  executive commissioner shall appoint the medical director to be the
  department's representative on the committee.
         (d)  The committee shall:
               (1)  develop guidelines for designating regional
  pediatric centers of excellence that:
                     (A)  provide medical expertise to children who are
  suspected victims of abuse and neglect; and
                     (B)  assist the department in evaluating and
  interpreting the medical findings for children who are suspected
  victims of abuse and neglect;
               (2)  develop recommended procedures and protocols for
  physicians, nurses, hospitals, and other health care providers to
  follow in evaluating suspected cases of child abuse and neglect;
  and
               (3)  recommend methods to finance the centers of
  excellence and services described by this section.
         (e)  The committee shall report its findings and
  recommendations to the department and the legislature not later
  than December 1, 2008.
         (f)  This section expires January 1, 2010.
         SECTION 22.  Subsection (a), Section 2155.1442, Government
  Code, is amended to read as follows:
         (a)  Subject to Subsection (e), the state auditor shall
  conduct a management review of the residential contract management
  employees of the Health and Human Services Commission and the
  Department of Family and Protective Services and make
  recommendations regarding the organization of, and skills and
  educational requirements for, those employees. The state auditor
  shall also make recommendations regarding the implementation of
  financial accountability provisions and processes to ensure
  effective and efficient expenditure of state and other contract
  funds. [The state auditor shall report annually to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, and the comptroller on the auditor's
  recommendations and the commission's and department's
  implementation of each recommendation.]
         SECTION 23.  Subchapter A, Chapter 191, Health and Safety
  Code, is amended by adding Section 191.0047 to read as follows:
         Sec. 191.0047.  BIRTH INFORMATION FOR DEPARTMENT OF FAMILY
  AND PROTECTIVE SERVICES. (a)  The Department of State Health
  Services shall implement an efficient and effective method to
  verify birth information or provide a certified copy of a birth
  record necessary to provide services for the benefit of a minor
  being served by the Department of Family and Protective Services.
         (b)  The Department of State Health Services shall enter into
  a memorandum of understanding with the Department of Family and
  Protective Services to implement this section. The terms of the
  memorandum of understanding must include methods for reimbursing
  the Department of State Health Services in an amount that is not
  more than the actual costs the department incurs in verifying the
  birth information or providing the birth record to the Department
  of Family and Protective Services.
         SECTION 24.  Subchapter B, Chapter 40, Human Resources Code,
  is amended by adding Sections 40.0325 and 40.0326 to read as
  follows:
         Sec. 40.0325.  STUDY OF CASEWORKER EDUCATION REIMBURSEMENT.
  (a)  The department shall study the effect that providing
  reimbursement for certain educational expenses would have on
  recruiting and retaining qualified child protective services
  caseworkers. The study must include a comparative analysis of the
  cost of training new caseworkers and the benefits of having an
  experienced caseworker staff with the cost of providing
  reimbursement for educational expenses.
         (b)  In determining the cost of reimbursing caseworkers for
  educational expenses, the department shall consider reimbursing
  caseworkers for tuition, academic fees, and other academic expenses
  the caseworker paid to an institution of higher education or a
  private or independent institution of higher education, as those
  terms are defined by Section 61.003, Education Code, while the
  caseworker was enrolled in a bachelor's degree or advanced degree
  program in an academic program that the department determines
  provides necessary training for child protective services
  caseworkers.
         (c)  Not later than December 1, 2008, the department shall
  report its findings and recommendations to the governor, lieutenant
  governor, and speaker of the house of representatives.
         Sec. 40.0326.  RECRUITMENT OF CASEWORKERS. When recruiting
  child protective services caseworkers, the department shall target
  its recruitment efforts toward individuals who hold a bachelor's
  degree or advanced degree in at least one of the following academic
  areas:
               (1)  social work;
               (2)  counseling;
               (3)  early childhood education;
               (4)  psychology;
               (5)  criminal justice;
               (6)  elementary or secondary education;
               (7)  sociology; or
               (8)  human services.
         SECTION 25.  Section 40.0528, Human Resources Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  This section does not prevent the department from
  contracting for special investigator services as needed.
         (d)  In reporting information relating to caseloads of child
  protective services caseworkers, in addition to reporting caseload
  by each individual affected by the case, the department shall
  report the number of cases for each caseworker on the basis of
  family unit.
         SECTION 26.  Section 40.071, Human Resources Code, is
  amended to read as follows:
         Sec. 40.071.  DRUG-ENDANGERED CHILD INITIATIVE.  The
  department shall establish a drug-endangered child initiative
  aimed at protecting children who are exposed to heroin, cocaine or
  any of its forms, or methamphetamine or to chemicals and other
  hazardous materials used in the illicit manufacture of
  methamphetamine.
         SECTION 27.  Section 42.001, Human Resources Code, is
  amended to read as follows:
         Sec. 42.001.  PURPOSE.  The purpose of this chapter is to
  protect the health, safety, and well-being of the children of the
  state who reside in child-care facilities by establishing statewide
  minimum standards for their safety and protection and by regulating
  the facilities through a licensing program [or by requiring
  child-care facilities to be regulated by alternative accreditation
  bodies]. It is the policy of the state to ensure the protection of
  all children under care in child-care facilities and to encourage
  and assist in the improvement of child-care programs. It is also
  the intent of the legislature that freedom of religion of all
  citizens is inviolate. With respect to a school or child-care
  facility sponsored by a religious organization, nothing in this
  chapter gives a governmental agency authority to regulate, control,
  supervise, or in any way be involved in the:
               (1)  form, manner, or content of religious instruction,
  ministry, teaching, or the curriculum offered by the school or
  facility;
               (2)  ability of the school or facility to select and
  supervise qualified personnel, and otherwise control the terms of
  employment, including the right to employ individuals who share the
  religious views of the school or facility;
               (3)  internal self-governance and autonomy of the
  school or facility; or
               (4)  religious environment of the school or facility,
  such as symbols, art, icons, and scripture.
         SECTION 28.  Subsections (a) and (b), Section 42.021, Human
  Resources Code, are amended to read as follows:
         (a)  The department may designate a division within the
  department to carry out responsibilities the department may
  delegate or assign under this chapter. The department shall ensure
  the independence of the division from the child protective services
  division.
         (b)  The commissioner shall appoint as director of a division
  designated under Subsection (a) a person who meets the
  qualifications set by the executive commissioner.  The commissioner
  shall ensure the director's independence from the child protective
  services division and may not terminate the director without the
  approval of the executive commissioner.
         SECTION 29.  (a)  Subchapter B, Chapter 42, Human Resources
  Code, is amended by adding Section 42.0211 to read as follows:
         Sec. 42.0211.  SAFETY SPECIALISTS, RISK ANALYSTS, AND
  PERFORMANCE MANAGEMENT.  (a)  The division shall employ at least
  one specially trained investigation safety specialist, whose
  duties include the duty to:
               (1)  review and evaluate the intake of reports that
  include allegations associated with a higher risk of harm to the
  child; and
               (2)  consult with the assigned investigator to provide
  specialized guidance and resources to assist the investigation.
         (b)  The division shall employ at least one risk analyst,
  whose duties include the duty to:
               (1)  identify facilities, including child-placing
  agencies, whose compliance histories indicate the potential for a
  higher risk of harm to children in the care of the facility;
               (2)  review the monitoring and inspection reports for
  any facilities described by Subdivision (1) to assess the quality
  of the investigation or monitoring; and
               (3)  identify any additional monitoring or enforcement
  action that may be appropriate to ensure the safety of a child in
  the care of the facility.
         (c)  The division must include a performance management unit
  with duties that include:
               (1)  conducting quality assurance reviews of randomly
  selected monitoring and investigative reports to ensure compliance
  with all relevant laws, rules, and agency policies; and
               (2)  making recommendations to improve the quality and
  consistency of monitoring and investigations.
         (b)  The Department of Family and Protective Services shall
  implement the change in law made by the enactment of Section
  42.0211, Human Resources Code, by this Act only to the extent that
  funding is available.
         SECTION 30.  Subchapter B, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0221 to read as follows:
         Sec. 42.0221.  COMMITTEE ON LICENSING STANDARDS. (a)  The
  committee on licensing standards is composed of seven members
  appointed by the governor as follows:
               (1)  one member who operates a residential child-care
  facility licensed by the department;
               (2)  one member who operates a child-placing agency
  licensed by the department;
               (3)  one member who operates a licensed child-care
  facility that provides care for children for less than 24 hours a
  day;
               (4)  one member who is a parent, guardian, or custodian
  of a child who uses a facility licensed by the department;
               (5)  one member who is an expert in the field of child
  care and child development; and
               (6)  two members employed by the department who work
  with facilities licensed by the department.
         (b)  Members of the committee serve two-year terms, with the
  terms of three or four members, as appropriate, expiring February 1
  of each year.
         (c)  The governor shall designate a member of the committee
  to serve as the presiding officer.
         (d)  The committee shall meet twice a year at the call of the
  presiding officer.
         (e)  The committee shall review and analyze the information
  provided by the department and committee members and shall make
  recommendations for policy and statutory changes relating to
  licensing standards and facility inspections.  The review and
  analysis by the committee shall include the analysis of:
               (1)  the deaths of children who are in substitute care,
  including reports and findings of child fatality review teams under
  Subchapter F, Chapter 264, Family Code;
               (2)  the types of licensing violations for each
  weighted risk and region;
               (3)  the details of administrative reviews and appeals;
  and
               (4)  the type of technical assistance provided and the
  qualifications of those providing technical assistance.
         (f)  The committee shall report its findings and
  recommendations to the department and the legislature not later
  than December 1 of each year.
         SECTION 31.  Section 42.042, Human Resources Code, is
  amended by adding Subsection (r) to read as follows:
         (r)  A residential child-care facility that provides
  emergency services may temporarily exceed the facility's capacity
  for not more than 48 hours to provide temporary care for a child in
  an emergency.  The facility shall notify the department within 24
  hours of the placement that the facility temporarily exceeded the
  facility's capacity.
         SECTION 32.  (a)  Section 42.044, Human Resources Code, is
  amended by adding Subsections (b-1) and (b-2) and amending
  Subsection (e) to read as follows:
         (b-1)  At least one of the unannounced, annual inspections of
  a residential child-care facility must be conducted by a team of at
  least two residential child-care monitoring staff, and, if
  feasible, members of the inspection team must be from different
  residential child-care monitoring units.
         (b-2)  Except as otherwise provided by this subsection,
  during an unannounced annual inspection of a day-care center, the
  department shall meet with the director designated by the day-care
  center as having daily, on-site responsibility for the operation of
  the day-care center to assess whether the director meets the
  qualifications of a director specified by this chapter and
  department rules.  If the director is not present during the
  unannounced annual inspection, the department shall schedule a
  subsequent meeting with the director for that purpose and shall
  conduct that meeting at the day-care center.
         (e)  In addition to the department's responsibility to
  investigate an agency foster home or agency foster group home under
  Subsection (c), the [The] department shall:
               (1)  periodically conduct inspections of a random
  sample of agency foster homes and agency foster group homes;
               (2)  investigate any report of a serious incident in an
  agency foster home or agency foster group home that pertains to a
  child under the age of six;
               (3)  investigate any alleged violation of a minimum
  standard by an agency foster home or agency foster group home that
  poses a high degree of risk to a child in the care of the home who is
  under the age of six; and
               (4)  conduct at least one annual enforcement team
  conference for each child-placing agency to thoroughly review the
  investigations or inspections of the child-placing agency and all
  of its agency homes[. The department shall use the inspections] to
  monitor and enforce compliance by a child-placing agency with rules
  and standards established under Section 42.042.
         (b)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules specifying the types of
  alleged minimum standards violations that are considered to pose a
  high degree of risk to a child in the care of an agency foster home
  or agency foster group home under the age of six and must be
  investigated by the Department of Family and Protective Services
  under Subdivision (3), Subsection (e), Section 42.044, Human
  Resources Code, as added by this Act.
         (c)  The Department of Family and Protective Services shall
  implement the change in law made by this Act to Section 42.044,
  Human Resources Code, only to the extent that funding is available.
  If funding is not available, the executive commissioner of the
  Health and Human Services Commission is not required to adopt rules
  as directed by Subsection (b) of this section.
         SECTION 33.  Subsection (a), Section 42.0445, Human
  Resources Code, is amended to read as follows:
         (a)  Before the department issues [or renews] a license,
  listing, registration, or certification under this subchapter, the
  department shall search the central registry of reported cases of
  child abuse or neglect established under Section 261.002, Family
  Code, to determine whether the applicant or the owner or an employee
  of the facility or family home is listed in the registry as a person
  who abused or neglected a child.
         SECTION 34.  Subsection (a), Section 42.0461, Human
  Resources Code, is amended to read as follows:
         (a)  Before the department may issue a license[, other than a
  renewal license,] or certificate to operate under Subchapter E for
  the operation or the expansion of the capacity of a foster group
  home or foster family home that is located in a county with a
  population of less than 300,000 and that provides child care for 24
  hours a day at a location other than the actual residence of a
  child's primary caretaker or of a child care institution, the
  applicant for the license, certificate, or expansion shall, at the
  applicant's expense:
               (1)  conduct a public hearing on the application in
  accordance with department rules after notifying the department of
  the date, time, and location of the hearing; and
               (2)  publish notice of the application in a newspaper
  of general circulation in the community in which the child-care
  services are proposed to be provided.
         SECTION 35.  Subsection (e), Section 42.048, Human Resources
  Code, is amended to read as follows:
         (e)  A license issued under this chapter is not transferable
  and applies only to the operator and facility location stated in the
  license application. Except as provided by this subsection, a [A]
  change in location or ownership automatically revokes a license. A
  change in location of a child-placing agency does not automatically
  revoke the license to operate the child-placing agency.
         SECTION 36.  Section 42.0535, Human Resources Code, is
  amended by adding Subsections (e) and (f) to read as follows:
         (e)  The department, by rule, shall develop a process by
  which a child-placing agency shall report to the department:
               (1)  the name of any verified foster home or foster
  group home that has been closed for any reason, including a
  voluntary closure;
               (2)  information regarding the reasons for the closure
  of the foster home or foster group home; and
               (3)  the name and other contact information of a person
  who may be contacted by another child-placing agency to obtain the
  records relating to the closed foster home or foster group home that
  are required to be maintained and made available under this
  section.
         (f)  Information gathered under Subsection (e) must be made
  available to child-placing agencies through a searchable database
  maintained by the department.
         SECTION 37.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0536 to read as follows:
         Sec. 42.0536.  TRANSFER OF AGENCY FOSTER HOME. (a)  An
  agency foster home that is verified by a child-placing agency may
  transfer to another child-placing agency only if, before the date
  of the transfer, the agency foster home notifies the child-placing
  agency to which the agency foster home is transferring of each
  licensing violation for which the agency foster home has been cited
  by the department during the preceding three years.
         (b)  The child-placing agency to which the agency foster home
  is transferring shall submit a written request for transfer to the
  child-placing agency that verified the agency foster home.
         (c)  Not later than the 10th day after the date the
  child-placing agency receives a request for transfer under
  Subsection (b), the child-placing agency shall provide the
  child-placing agency that submitted the request a copy of any of the
  following documents regarding the agency foster home:
               (1)  a corrective action plan;
               (2)  an annual development plan; or
               (3)  a description of any imposed or potential service
  limitation.
         (d)  The department caseworker for each child placed in the
  agency foster home may conduct a review meeting to determine
  whether the transfer of the agency foster home is in the best
  interest of each child in the home on the request of:
               (1)  the child-placing agency to which the agency
  foster home is transferring;
               (2)  the child-placing agency that verified the agency
  foster home;
               (3)  the agency foster home; or
               (4)  the caseworker.
         (e)  After a review meeting, the caseworker shall determine
  whether each child placed in the agency foster home shall:
               (1)  stay in the agency foster home after the agency
  foster home is transferred to the new child-placing agency; or
               (2)  be removed from the agency foster home before the
  agency foster home is transferred to the new child-placing agency.
         SECTION 38.  The heading to Section 42.056, Human Resources
  Code, is amended to read as follows:
         Sec. 42.056.  REQUIRED BACKGROUND AND CRIMINAL HISTORY
  CHECKS; CRIMINAL PENALTIES.
         SECTION 39.  Section 42.056, Human Resources Code, is
  amended by adding Subsections (a-2), (b-1), (g), (h), (i), (j), and
  (k) to read as follows:
         (a-2)  In accordance with rules adopted by the executive
  commissioner, the director, owner, or operator of a day-care center
  shall submit a complete set of fingerprints of each person whose
  name is submitted by the director, owner, or operator under
  Subsection (a).  The rules adopted by the executive commissioner:
               (1)  must require that the fingerprints be submitted in
  a form and of a quality acceptable to the Department of Public
  Safety and the Federal Bureau of Investigation for conducting a
  criminal history check; and
               (2)  may require that the fingerprints be submitted
  electronically through an applicant fingerprinting service center.
         (b-1)  In addition to any other background or criminal
  history check conducted under Subsection (b), for each person whose
  name is submitted by the director, owner, or operator of a day-care
  center under Subsection (a), the department shall conduct a state
  and Federal Bureau of Investigation criminal history check by:
               (1)  submitting the person's fingerprints provided
  under Subsection (a-2), or causing the fingerprints to be submitted
  electronically as authorized by that subsection, to the Department
  of Public Safety for the purpose of conducting a state and federal
  criminal history check; and
               (2)  using the resulting information made available by
  that department under Section 411.114, Government Code, and by the
  Federal Bureau of Investigation and any other criminal justice
  agency under Section 411.087, Government Code.
         (g)  Except as otherwise provided by this subsection, a
  person whose name is submitted by the director, owner, or operator
  of a day-care center under Subsection (a) may not provide direct
  care or have direct access to a child in a day-care center before
  the person's background and criminal history checks under
  Subsections (b) and (b-1) are completed.  A person may be employed
  at a day-care center and may provide direct care or have direct
  access to a child in the day-care center before the person's
  criminal history check under Subsection (b-1) is completed if:
               (1)  the state criminal history check and the
  background check using the department's records of reported abuse
  and neglect have been completed under Subsection (b), and the
  resulting information does not preclude the person from being
  present at the day-care center; and
               (2)  the day-care center is experiencing a staffing
  shortage that, if the day-care center were not allowed to employ the
  person until completion of the federal criminal history check,
  would result in a staff-to-child ratio that violates the
  department's minimum standards.
         (h)  If the results of a criminal history check under
  Subsection (b-1) for a person employed by a day-care center during a
  staffing shortage as authorized by Subsection (g) preclude the
  person from being present at the day-care center, the director,
  owner, or operator of the day-care center shall immediately
  terminate the person's employment.
         (i)  A director, owner, or operator of a day-care center
  commits an offense if the director, owner, or operator knowingly:
               (1)  fails to submit to the department information
  about a person as required by this section and department rules for
  use in conducting background and criminal history checks with
  respect to the person; and
               (2)  employs the person at the day-care center or
  otherwise allows the person to regularly or frequently stay or work
  at the day-care center while children are being provided care.
         (j)  A director, owner, or operator of a day-care center
  commits an offense if, after the date the director, owner, or
  operator receives notice from the department that, based on the
  results of a person's background or criminal history check, the
  person is precluded from being present at the day-care center, the
  director, owner, or operator knowingly:
               (1)  employs the person at the day-care center; or
               (2)  otherwise allows the person to regularly or
  frequently stay or work at the day-care center while children are
  being provided care.
         (k)  An offense under Subsection (i) or (j) is a Class B
  misdemeanor.
         SECTION 40.  Section 42.0705, Human Resources Code, is
  amended to read as follows:
         Sec. 42.0705.  RANGE OF PENALTIES.  The department shall
  revoke or[,] suspend[, or refuse to renew] a license or
  registration, place on probation a person whose license or
  registration has been suspended, or reprimand a license holder or
  registration holder for a violation of this chapter or a rule of the
  board. If a license or registration suspension is probated, the
  department may require the license holder or registration holder
  to:
               (1)  report regularly to the department on matters that
  are the basis of the probation;
               (2)  limit services to the areas prescribed by the
  department;
               (3)  continue or review professional education until
  the license holder or registration holder attains a degree of skill
  satisfactory to the department in those areas that are the basis of
  the probation; or
               (4)  take corrective action relating to the violation
  on which the probation is based.
         SECTION 41.  Subchapter D, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0761 to read as follows:
         Sec. 42.0761.  CRIMINAL PENALTY FOR OPERATING DAY-CARE
  CENTER WITHOUT QUALIFIED DIRECTOR.  (a)  An owner or operator of a
  day-care center commits an offense if the owner or operator
  knowingly operates the day-care center:
               (1)  without a director who meets the qualifications of
  a director prescribed by department rules; or
               (2)  without the routine presence during the day-care
  center's hours of operation of a director described by Subdivision
  (1).
         (b)  An offense under this section is a Class B misdemeanor.
         SECTION 42.  Subsection (a), Section 42.078, Human Resources
  Code, is amended to read as follows:
         (a)  The department may impose an administrative penalty
  against a facility or family home licensed or registered under this
  chapter that violates this chapter or a rule or order adopted under
  this chapter. In addition, the department may impose an
  administrative penalty against a residential child-care facility
  or a controlling person of a residential child-care facility if the
  facility or controlling person:
               (1)  violates a term of a license or registration
  issued under this chapter;
               (2)  makes a statement about a material fact that the
  facility or person knows or should know is false:
                     (A)  on an application for the issuance [or
  renewal] of a license or registration or an attachment to the
  application; or
                     (B)  in response to a matter under investigation;
               (3)  refuses to allow a representative of the
  department to inspect:
                     (A)  a book, record, or file required to be
  maintained by the facility; or
                     (B)  any part of the premises of the facility;
               (4)  purposefully interferes with the work of a
  representative of the department or the enforcement of this
  chapter; or
               (5)  fails to pay a penalty assessed under this chapter
  on or before the date the penalty is due, as determined under this
  section.
         SECTION 43.  The heading to Chapter 45, Human Resources
  Code, is amended to read as follows:
  CHAPTER 45. CONTRACTS FOR [PRIVATIZATION OF] SUBSTITUTE CARE AND
  CASE MANAGEMENT SERVICES
         SECTION 44.  Subdivisions (1), (12), and (13), Section
  45.001, Human Resources Code, are amended to read as follows:
               (1)  "Case management services" has the meaning
  assigned by Section 264.106, Family Code [means the provision of
  case management services to a child for whom the department has been
  appointed temporary or permanent managing conservator, including
  caseworker-child visits, family visits, the convening of family
  group conferences, the development and revision of the case plan,
  the coordination and monitoring of services needed by the child and
  family, and the assumption of court-related duties, including
  preparing court reports, attending judicial hearings and
  permanency hearings, and ensuring that the child is progressing
  toward permanency within state and federal mandates].
               (12)  "Substitute care provider" has the meaning
  assigned by Section 264.106, Family Code [means a child-care
  institution or a child-placing agency, as defined by Section
  42.002].
               (13)  "Substitute care services" has the meaning
  assigned by Section 264.106, Family Code [means services provided
  to or for children in substitute care and their families, including
  the recruitment, training, and management of foster parents, the
  recruitment of adoptive families, and the facilitation of the
  adoption process, family reunification, independent living,
  emergency shelter, residential group care, foster care,
  therapeutic foster care, and post-placement supervision, including
  relative placement. The term does not include the regulation of
  facilities under Subchapter C, Chapter 42].
         SECTION 45.  The heading to Section 45.002, Human Resources
  Code, is amended to read as follows:
         Sec. 45.002.  CONTRACTS FOR [PRIVATIZING SUBSTITUTE CARE
  AND] CASE MANAGEMENT SERVICES; DEPARTMENT DUTIES.
         SECTION 46.  Subsections (a) and (c), Section 45.002, Human
  Resources Code, are amended to read as follows:
         (a)  Not later than September 1, 2008 [2011], the department
  shall contract with one or more providers of [complete the
  statewide privatization of the provision of substitute care and]
  case management services in one or more geographic areas of the
  state as provided by Section 264.106, Family Code, with a goal of
  contracting for those services in five percent of the cases in this
  state.
         (c)  The [On and after September 1, 2011, the] department
  shall:
               (1)  monitor the quality of services for which the
  department contracts [and each independent administrator contract]
  under this chapter; [and]
               (2)  ensure that the services are provided in
  accordance with federal law and the laws of this state, including
  department rules and rules of the Department of State Health
  Services and the Texas Commission on Environmental Quality; and
               (3)  ensure that all substitute care and case
  management service providers, to the extent possible, honor the
  cultural and religious affiliations of a child placed in the
  service provider's care, regardless of the religious affiliation of
  the service provider.
         SECTION 47.  Section 45.004, Human Resources Code, is
  amended to read as follows:
         Sec. 45.004.  [INDEPENDENT ADMINISTRATORS;] DEPARTMENT DATA
  SYSTEM DUTIES.  [(a)     The department shall research and develop a
  comprehensive strategy for contracting for management support
  services from independent administrators on a regional basis. If
  the department determines that an independent administrator could
  manage and procure substitute care and case management services
  contracts with private agencies and conduct placement assessments
  in a more cost-beneficial manner, the department shall implement a
  transition plan to transfer the procurement, management, and
  oversight of substitute care and case management services from the
  department to an independent administrator, as well as
  responsibility for placement assessments. If the department
  determines that contracting for management support from an
  independent administrator is not cost beneficial, the
  privatization of substitute care and case management services will
  occur as provided by Section 45.002(b).
         [(b)  The comprehensive strategy, at a minimum, must:
               [(1)     use competitively procured independent
  administrators to procure and manage substitute care and case
  management providers in a geographic region designated by the
  department;
               [(2)     require independent administrators to contract
  with private agencies that will:
                     [(A)     increase local foster and adoptive
  placement options for all children, especially teenagers, sibling
  groups, children whose race or ethnicity is disproportionately
  represented in foster care, children with severe or multiple
  disabilities, and other children who are difficult to place; and
                     [(B)     expand efforts to recruit foster families,
  adoptive families, and alternative care providers through
  faith-based and other targeted recruitment programs; and
               [(3)     allow permanency services providers to enter
  client, service, and outcome information into the department's
  client data system.
         [(c)]  Subject to the appropriation of funds, the department
  shall:
               (1)  enhance existing data systems to include contract
  performance information; and
               (2)  implement a contracting data system developed or
  procured by the department, to track quality assurance and other
  contracting tools to effectively manage, monitor, and evaluate
  performance-based contracting functions.
         SECTION 48.  The heading to Section 45.054, Human Resources
  Code, is amended to read as follows:
         Sec. 45.054.  EVALUATION OF CASE MANAGEMENT SERVICES 
  [REGIONAL IMPLEMENTATION].
         SECTION 49.  Subsections (c) and (d), Section 45.054, Human
  Resources Code, are amended to read as follows:
         (c)  Not later than the second [first] anniversary of the
  date the department enters into the first contract for [substitute
  care and] case management services under a pilot program described
  by this chapter and Section 264.106, Family Code [section], the
  department shall contract with a qualified, independent third party
  to evaluate the pilot program [each phase of the privatization of
  substitute care and case management services]. Each evaluation
  must:
               (1)  assess the performance of [substitute care and]
  case management services based on compliance with defined quality
  outcomes for children;
               (2)  assess the achievement of performance measures;
               (3)  compare for quality the performance of [substitute
  care and] case management services provided by contractors to
  [substitute care and] case management services provided by the
  department [in similar regions];
               (4)  determine if contracted services are cost
  beneficial; and
               (5)  assess the contractor's [private sector's] ability
  to meet the performance measures[, including service capacity, for
  the remaining regions].
         (d)  The independent third party with whom the department
  contracts under Subsection (c) shall submit its reports and
  recommendations to the House Human Services Committee, or its
  successor, and the Senate Health and Human Services Committee, or
  its successor, not later than September 1, 2010.
         SECTION 50.  Section 45.101, Human Resources Code, is
  amended to read as follows:
         Sec. 45.101.  GOALS FOR CONTRACTING [PRIVATIZATION].  In
  contracting for substitute care and case management services, the
  department's goals shall be:
               (1)  [The transition plan adopted under Section 45.053
  must provide for a new structural model for the community-centered
  delivery of substitute care and case management services that is
  based on a goal of] improving protective services;
               (2)  [,] achieving timely permanency for children in
  substitute care, including family reunification, placement with a
  relative, or adoption;[,] and
               (3)  improving the overall well-being of children in
  substitute care consistent with federal and state mandates.
         SECTION 51.  (a)  The Department of Family and Protective
  Services shall develop a child protective services improvement plan
  that is designed to build on the child protective services reform
  elements added by Chapter 268, Acts of the 79th Legislature,
  Regular Session, 2005. In developing the plan, the department
  shall seek to expand on or modify initiatives that have resulted in
  demonstrable improvements and that serve the primary goals of:
               (1)  keeping families together while ensuring child
  safety in the home;
               (2)  reducing the length of time children remain in
  state care; and
               (3)  improving the quality and accountability of foster
  care.
         (b)  The improvement plan must include:
               (1)  expanding the use of family group decision-making;
               (2)  reducing caseloads for caseworkers providing
  family-based safety services and ongoing substitute care services;
               (3)  implementing an enhanced in-home support program,
  as enacted by Section 264.2011, Family Code, as added by this Act,
  to provide enhanced in-home supports to certain families;
               (4)  providing additional purchased client services
  designed to keep families together and to reunite families more
  quickly while ensuring child safety;
               (5)  enhancing support of kinship placements by hiring
  or contracting to provide additional kinship workers to provide
  additional support and education to relative placements and
  purchasing additional support services for relative placements;
               (6)  enhancing services needed to support court
  services and preparation of records for adoptive placement;
               (7)  improving the quality and accountability of
  child-care licensing monitoring and investigations by assigning
  those functions to separate staff, providing specialized training
  to staff who perform each function, performing additional
  investigations of certain reports involving young children, and
  providing additional support and oversight to both functions;
               (8)  expanding substitute and adoptive placement
  quality and capacity in local communities through the procurement
  of a statewide needs assessment and through implementation of
  recommendations for expanding and improving provider capabilities;
               (9)  streamlining criminal history background checks
  to increase the efficiency and effectiveness of those checks;
               (10)  improving the quality of services delivered by
  the Department of Family and Protective Services through expanded
  use of mobile technology and enhancements to the department's CLASS
  and IMPACT database systems and operations;
               (11)  expanding implementation of the remediation plan
  required under Section 1.54, Chapter 268, Acts of the 79th
  Legislature, Regular Session, 2005, to address racial or ethnic
  disparities in foster care; and
               (12)  implementing a statewide pilot program for a
  time-limited, posthospitalization "step-down" rate, approved by
  the executive commissioner of the Health and Human Services
  Commission, to support the successful transition of children who
  have experienced or are likely to experience multiple inpatient
  admissions in a psychiatric hospital to an appropriate level of
  care.
         (c)  The recommendations for expanding and improving
  provider capabilities under Subdivision (8), Subsection (b) of this
  section, must include provisions for start-up funding for providers
  to build necessary capacity in the state, partnerships with
  community leaders to identify local resources to support building
  capacity, and the development of pilot projects to procure regional
  capacity development.  Beginning September 1, 2007, at the end of
  each fiscal year, the Department of Family and Protective Services
  shall prepare a progress report that details the department's
  activities in implementing the recommendations described in
  Subdivision (8), Subsection (b) of this section. The progress
  report must include regional data regarding the number of children
  in state conservatorship who are placed in their home region
  separated into classifications based on levels of care. The
  Department of Family and Protective Services shall submit the
  periodic progress reports required by this subsection to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  appropriate oversight committees of the
  legislature;
               (5)  the Legislative Budget Board; and
               (6)  the state auditor.
         (d)  The Department of Family and Protective Services shall
  implement the improvement plan described by this section only to
  the extent that funds are available for that purpose. If funds are
  available to support some, but not all, elements of the plan, the
  department shall implement only those parts of the plan for which
  funding is available. To the extent feasible, the department shall
  contract for services needed to implement elements of the
  improvement plan, including the services needed to expand family
  group decision-making, family-based safety services, kinship
  support services, and purchased client services.
         SECTION 52.  (a)  Not later than December 31, 2007, the
  Department of Family and Protective Services shall prepare and
  submit a detailed plan for:
               (1)  the implementation of each element of the child
  protective services improvement plan required by Section 51 of this
  Act for which funding has been obtained; and
               (2)  the continued implementation of all child
  protective services reform activities required by Chapter 268, Acts
  of the 79th Legislature, Regular Session, 2005, as modified by this
  Act.
         (b)  At the end of each fiscal year beginning August 31,
  2008, the Department of Family and Protective Services shall
  prepare and submit a progress report that details the department's
  activities in implementing the plan described by Subdivision (1),
  Subsection (a) of this section. The progress report must include
  the department's calculation of cost savings from reduced stays in
  foster care and any other cost savings that can be attributed to the
  implementation of the improvement plan and continued child
  protective services reforms.
         (c)  The Department of Family and Protective Services shall
  submit the implementation plan and periodic progress reports
  required by this section to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  appropriate oversight committees of the
  legislature;
               (5)  the Legislative Budget Board; and
               (6)  the state auditor.
         (d)  This section expires September 1, 2010.
         SECTION 53.  The Department of Family and Protective
  Services shall actively pursue a waiver or other authorization from
  an appropriate federal agency to use any available federal funds,
  including funds available under Title IV-E, Social Security Act (42
  U.S.C. Section 670 et seq.), to provide monthly monetary assistance
  under a caregiver assistance agreement in accordance with Section
  264.755, Family Code.
         SECTION 54.  The following sections are repealed:
               (1)  Subsections (d), (f), (i), (j), and (k), Section
  264.106, Family Code;
               (2)  Section 264.1062, Family Code;
               (3)  Section 42.022, Human Resources Code;
               (4)  Section 42.0505, Human Resources Code;
               (5)  Subdivisions (5), (6), (8), (9), (10), and (11),
  Section 45.001, Human Resources Code;
               (6)  Subsections (b), (d), and (e), Section 45.002,
  Human Resources Code;
               (7)  Sections 45.052 and 45.053, Human Resources Code;
               (8)  Subsections (a), (b), and (e) through (h), Section
  45.054, Human Resources Code; and
               (9)  Section 45.102, Human Resources Code.
         SECTION 55.  The change in law made by this Act to Section
  102.004, Family Code, applies only to an original suit affecting
  the parent-child relationship filed on or after the effective date
  of this Act. An original suit affecting the parent-child
  relationship filed before the effective date of this Act is
  governed by the law in effect on the date that the suit was filed,
  and the former law is continued in effect for that purpose.
         SECTION 56.  Subsections (a-2), (b-1), (g), and (h), Section
  42.056, Human Resources Code, as added by this Act, apply to the
  conduct of background and criminal history checks of a person whose
  name is submitted to the Department of Family and Protective
  Services under Subsection (a), Section 42.056, Human Resources
  Code, on or after the effective date of this Act.
         SECTION 57.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 758 passed the Senate on
  April 23, 2007, by the following vote:  Yeas 29, Nays 2;
  May 25, 2007, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 26, 2007, House
  granted request of the Senate; May 27, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 758 passed the House, with
  amendments, on May 23, 2007, by the following vote:  Yeas 146,
  Nays 0, two present not voting; May 26, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 142, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor