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AN ACT
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relating to certain programs provided to families of children at |
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risk for abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.201(d), Family Code, is amended to |
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read as follows: |
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(d) The services may include in-home programs, parenting |
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skills training, youth coping skills, and individual and family |
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counseling. If the department requires or a court orders parenting |
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skills training services through a parenting education program, the |
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program must be an evidence-based or promising practice parenting |
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education program described by Section 265.101 that is provided in |
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the community in which the family resides, if available. |
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SECTION 2. Chapter 265, Family Code, is amended by |
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designating Sections 265.001, 265.002, 265.003, and 265.004 as |
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Subchapter A and adding a subchapter heading to read as follows: |
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SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES |
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SECTION 3. Section 265.004, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) To the extent that money is appropriated for the |
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purpose, the department shall fund evidence-based programs, |
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including parenting education, home visitation, family support |
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services, mentoring, positive youth development programs, and |
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crisis counseling, offered by community-based organizations that |
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are designed to prevent or ameliorate child abuse and neglect. The |
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[evidence-based] programs funded under this subsection may be |
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offered by a child welfare board established under Section 264.005, |
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a local governmental board granted the powers and duties of a child |
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welfare board under state law, [or] a children's advocacy center |
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established under Section 264.402, or other persons determined |
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appropriate by the department. |
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(a-1) The department shall ensure that not less than 75 |
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percent of the money appropriated for parenting education programs |
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under Subsection (a) funds evidence-based programs described by |
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Section 265.101(b) and that the remainder of that money funds |
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promising practice programs described by Section 265.101(c). |
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(a-2) The department shall actively seek and apply for any |
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available federal funds to support parenting education programs |
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provided under this section. |
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SECTION 4. Subchapter A, Chapter 265, Family Code, as added |
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by this Act, is amended by adding Section 265.005 to read as |
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follows: |
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Sec. 265.005. STRATEGIC PLAN. (a) The department shall |
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develop and implement a five-year strategic plan for prevention and |
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early intervention services. Not later than September 1 of the last |
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fiscal year in each five-year period, the department shall issue a |
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new strategic plan for the next five fiscal years beginning with the |
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following fiscal year. |
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(b) A strategic plan required under this section must: |
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(1) identify methods to leverage other sources of |
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funding or provide support for existing community-based prevention |
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efforts; |
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(2) include a needs assessment that identifies |
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programs to best target the needs of the highest risk populations |
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and geographic areas; |
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(3) identify the goals and priorities for the |
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department's overall prevention efforts; |
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(4) report the results of previous prevention efforts |
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using available information in the plan; |
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(5) identify additional methods of measuring program |
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effectiveness and results or outcomes; |
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(6) identify methods to collaborate with other state |
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agencies on prevention efforts; and |
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(7) identify specific strategies to implement the plan |
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and to develop measures for reporting on the overall progress |
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toward the plan's goals. |
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(c) The department shall coordinate with interested parties |
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and communities in developing the strategic plan under this |
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section. |
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(d) The department shall annually update the strategic plan |
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developed under this section. |
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(e) The department shall post the strategic plan developed |
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under this section and any update to the plan on its Internet |
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website. |
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SECTION 5. Subchapter D, Chapter 40, Human Resources Code, |
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as amended by S.B. 219, Acts of the 84th Legislature, Regular |
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Session, 2015, is transferred to Chapter 265, Family Code, |
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redesignated as Subchapter B, Chapter 265, Family Code, and amended |
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to read as follows: |
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SUBCHAPTER B [D]. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION |
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PROGRAMS |
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Sec. 265.051 [40.101]. DEFINITIONS. In this subchapter: |
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(1) "Children's trust fund" means a child abuse and |
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neglect primary prevention program. |
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(2) "Primary prevention" means services and |
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activities available to the community at large or to families to |
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prevent child abuse and neglect before it occurs. The term includes |
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infant mortality prevention education programs. |
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(3) "Operating fund" means the Department of Family |
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and Protective Services child abuse and neglect prevention |
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operating fund account. |
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(4) "State agency" means a board, commission, |
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department, office, or other state agency that: |
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(A) is in the executive branch of the state |
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government; |
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(B) was created by the constitution or a statute |
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of this state; and |
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(C) has statewide jurisdiction. |
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(5) "Trust fund" means the child abuse and neglect |
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prevention trust fund account. |
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Sec. 265.052 [40.102]. CHILD ABUSE AND NEGLECT PRIMARY |
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PREVENTION PROGRAMS. (a) The department shall operate the |
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children's trust fund to: |
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(1) set policy, offer resources for community primary |
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prevention programs, and provide information and education on |
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prevention of child abuse and neglect; |
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(2) develop a state plan for expending funds for child |
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abuse and neglect primary prevention programs that includes an |
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annual schedule of transfers of trust fund money to the operating |
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fund; |
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(3) develop eligibility criteria for applicants |
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requesting funding for child abuse and neglect primary prevention |
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programs; and |
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(4) establish funding priorities for child abuse and |
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neglect primary prevention programs. |
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(b) The children's trust fund shall accommodate the |
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department's existing rules and policies in procuring, awarding, |
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and monitoring contracts and grants. |
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(c) The department may: |
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(1) apply for and receive funds made available by the |
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federal government or another public or private source for |
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administering programs under this subchapter and for funding for |
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child abuse and neglect primary prevention programs; and |
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(2) solicit donations for child abuse and neglect |
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primary prevention programs. |
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Sec. 265.053 [40.104]. ADMINISTRATIVE AND OTHER COSTS. |
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(a) Administrative costs under this subchapter during any fiscal |
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year may not exceed an amount equal to 50 percent of the interest |
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credited to the trust fund during the preceding fiscal year. |
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(b) Funds expended under a special project grant from a |
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governmental source or a nongovernmental source for public |
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education or public awareness may not be counted as administrative |
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costs for the purposes of this section. |
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Sec. 265.054 [40.105]. CHILD ABUSE AND NEGLECT PREVENTION |
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TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention |
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trust fund account is an account in the general revenue fund. Money |
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in the trust fund is dedicated to child abuse and neglect primary |
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prevention programs. |
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(b) The department may transfer money contained in the trust |
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fund to the operating fund at any time. However, during a fiscal |
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year the department may not transfer more than the amount |
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appropriated for the operating fund for that fiscal year. Money |
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transferred to the operating fund that was originally deposited to |
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the credit of the trust fund under Section 118.022, Local |
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Government Code, may be used only for child abuse and neglect |
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primary prevention programs. |
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(c) Interest earned on the trust fund shall be credited to |
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the trust fund. |
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(d) The trust fund is exempt from the application of Section |
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403.095, Government Code. |
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(e) All marriage license fees and other fees collected for |
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and deposited in the trust fund and interest earned on the trust |
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fund balance shall be appropriated each biennium only to the |
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operating fund for [primary] child abuse and neglect primary |
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prevention programs. |
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Sec. 265.055 [40.106]. DEPARTMENT OPERATING FUND ACCOUNT. |
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(a) The operating fund is an account in the general revenue fund. |
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(b) Administrative and other costs allowed in Section |
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265.053 [40.104] shall be taken from the operating fund. The |
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department may transfer funds contained in the operating fund to |
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the trust fund at any time. |
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(c) The legislature may appropriate the money in the |
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operating fund to carry out the provisions of this subchapter. |
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(d) The operating fund is exempt from the application of |
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Section 403.095, Government Code. |
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Sec. 265.056 [40.107]. CONTRIBUTIONS. (a) The department |
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may solicit contributions from any appropriate source. |
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(b) Any other contributions for child abuse and neglect |
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primary prevention or other prevention and early intervention |
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programs shall be deposited into a separate designated fund in the |
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state treasury and shall be used for that designated purpose. |
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(c) A person may contribute funds to either the trust fund, |
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the operating fund, or a fund designated by the department for a |
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specific child abuse and neglect primary prevention or other |
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prevention or early intervention purpose. |
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(d) If a person designates that a contribution is intended |
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as a donation to a specific fund, the contribution shall be |
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deposited in the designated fund. |
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SECTION 6. Section 40.0561, Human Resources Code, is |
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transferred to Subchapter B, Chapter 265, Family Code, as |
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transferred and redesignated from Subchapter D, Chapter 40, Human |
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Resources Code, by this Act, and redesignated as Section 265.057, |
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Family Code, to read as follows: |
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Sec. 265.057 [40.0561]. COMMUNITY YOUTH DEVELOPMENT |
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GRANTS. (a) Subject to available funding, the department shall |
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award community youth development grants to communities identified |
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by incidence of crime. The department shall give priority in |
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awarding grants under this section to areas of the state in which |
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there is a high incidence of juvenile crime. |
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(b) The purpose of a grant under this section is to assist a |
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community in alleviating conditions in the family and community |
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that lead to juvenile crime. |
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SECTION 7. Chapter 265, Family Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. PARENTING EDUCATION |
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Sec. 265.101. PARENTING EDUCATION PROGRAMS. (a) A |
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parenting education program provided by the department must be an |
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evidence-based program or a promising practice program described by |
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this section. |
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(b) An evidence-based program is a parenting education |
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program that: |
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(1) is research-based and grounded in relevant, |
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empirical knowledge and program-determined outcomes; |
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(2) has comprehensive standards ensuring the highest |
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quality service delivery with continuous improvement in the quality |
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of service delivery; |
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(3) has demonstrated significant positive short-term |
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and long-term outcomes; |
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(4) has been evaluated by at least one rigorous, |
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random, controlled research trial across heterogeneous populations |
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or communities with research results that have been published in a |
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peer-reviewed journal; |
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(5) substantially complies with a program manual or |
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design that specifies the purpose, outcomes, duration, and |
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frequency of the program services; and |
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(6) employs well-trained and competent staff and |
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provides continual relevant professional development opportunities |
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to the staff. |
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(c) A promising practice program is a parenting education |
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program that: |
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(1) has an active impact evaluation program or |
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demonstrates a schedule for implementing an active impact |
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evaluation program; |
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(2) has been evaluated by at least one outcome-based |
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study demonstrating effectiveness or random, controlled trial in a |
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homogeneous sample; |
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(3) substantially complies with a program manual or |
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design that specifies the purpose, outcomes, duration, and |
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frequency of the program services; |
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(4) employs well-trained and competent staff and |
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provides continual relevant professional development opportunities |
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to the staff; and |
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(5) is research-based and grounded in relevant, |
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empirical knowledge and program-determined outcomes. |
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Sec. 265.102. OUTCOMES OF EVIDENCE-BASED PARENTING |
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EDUCATION. The department shall ensure that a parenting education |
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program provided under this chapter achieves favorable behavioral |
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outcomes in at least two of the following areas: |
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(1) improved cognitive development of children; |
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(2) increased school readiness of children; |
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(3) reduced child abuse, neglect, and injury; |
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(4) improved child safety; |
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(5) improved social-emotional development of |
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children; |
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(6) improved parenting skills, including nurturing |
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and bonding; |
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(7) improved family economic self-sufficiency; |
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(8) reduced parental involvement with the criminal |
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justice system; and |
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(9) increased paternal involvement and support. |
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Sec. 265.103. EVALUATION OF EVIDENCE-BASED PARENTING |
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EDUCATION. (a) The department shall adopt outcome indicators to |
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measure the effectiveness of parenting education programs provided |
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under this chapter in achieving desired outcomes. |
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(b) The department may work directly with the model |
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developer of a parenting education program to identify appropriate |
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outcome indicators for the program and to ensure that the program |
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substantially complies with the model. |
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(c) The department shall develop internal processes to |
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share information with parenting education programs to assist the |
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department in analyzing the performance of the programs. |
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(d) The department shall use information obtained under |
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this section to: |
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(1) monitor parenting education programs; |
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(2) continually improve the quality of the programs; |
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and |
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(3) evaluate the effectiveness of the programs. |
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Sec. 265.1035. INITIAL REPORT. (a) Not later than December |
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1, 2016, the department shall prepare and submit a report on |
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state-funded parenting education programs to the standing |
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committees of the senate and house of representatives with |
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jurisdiction over child protective services. |
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(b) The report submitted under this section must include: |
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(1) the status and a description of the parenting |
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education programs implemented and a description of the models |
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associated with the programs; and |
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(2) information on the number of families served by |
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the programs, including their demographic information. |
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(c) This section expires January 1, 2017. |
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Sec. 265.104. REPORTS TO LEGISLATURE. (a) Not later than |
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December 1 of each even-numbered year, the department shall prepare |
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and submit a report on state-funded parenting education programs to |
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the standing committees of the senate and house of representatives |
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with jurisdiction over child protective services. |
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(b) A report submitted under this section must include: |
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(1) a description of the parenting education programs |
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implemented and of the models associated with the programs; |
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(2) information on the families served by the |
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programs, including the number of families served and their |
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demographic information; |
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(3) the goals and achieved outcomes of the programs; |
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(4) information on the cost for each family served, |
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including any available third-party return-on-investment analysis; |
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and |
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(5) information explaining the percentage of money |
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spent on evidence-based programs and on promising practice |
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programs. |
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Sec. 265.105. RULES. The executive commissioner of the |
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Health and Human Services Commission may adopt rules as necessary |
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to implement this subchapter. |
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SECTION 8. Section 40.0523, Human Resources Code, as |
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amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
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2015, is repealed. |
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SECTION 9. The changes in law made by this Act apply only to |
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a program provided under Chapter 265, Family Code, on or after the |
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effective date of this Act. |
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SECTION 10. Not later than September 1, 2016, the |
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Department of Family and Protective Services shall adopt the |
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initial strategic plan required by Section 265.005, Family Code, as |
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added by this Act. |
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SECTION 11. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2630 was passed by the House on April |
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23, 2015, by the following vote: Yeas 136, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2630 on May 28, 2015, by the following vote: Yeas 136, Nays 5, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2630 was passed by the Senate, with |
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amendments, on May 26, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |