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AN ACT
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relating to a study of options for implementing family preservation |
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services, the provision of certain other health and human services |
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by certain state agency contractors, and the repeal of a prior pilot |
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program for family-based safety services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B-1, Chapter 264, Family Code, is |
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amended by adding Section 264.1691 to read as follows: |
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Sec. 264.1691. STUDY OF OPTIONS FOR IMPLEMENTING FAMILY |
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PRESERVATION SERVICES. (a) In this section, "family preservation |
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service" means a time-limited, family-focused service, including: |
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(1) a service subject to the Family First Prevention |
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Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to |
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the family of a child who is: |
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(A) a candidate for foster care to prevent or |
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eliminate the need to remove the child and to allow the child to |
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remain safely with the child's family; or |
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(B) a pregnant or parenting foster youth; |
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(2) enhanced in-home support services and |
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non-recurring financial support to promote safe and stable |
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families; and |
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(3) services to promote self-sufficiency and prevent |
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further need for interaction in the child welfare system. |
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(b) The department shall study and develop a comprehensive |
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list of options for implementing family preservation services in |
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existing catchment areas, including: |
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(1) contracting with single source continuum |
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contractors to provide services; and |
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(2) procuring service providers through a competitive |
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bidding process. |
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(c) In developing the options under Subsection (b), the |
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department shall: |
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(1) examine existing department functions related to |
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the stage of service the department describes as family-based |
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safety services, including assessments of child safety and child |
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removals, and make recommendations for incorporating the functions |
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into a contracted model; |
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(2) consider the results from community needs |
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assessments and capacity development plans conducted during the |
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preceding 10 years; and |
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(3) consider: |
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(A) contingent on appropriation, including Title |
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IV-E prevention services in the delivery of community-based family |
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preservation services and the appropriate use of those services; |
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(B) the financial modeling used to determine |
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implementation costs, including: |
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(i) start-up funding costs; |
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(ii) the cost of purchased client services; |
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(iii) strategies for shared financial risk; |
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and |
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(iv) rate methodology; |
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(C) procedures for transitioning between case |
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stages, including transitions from: |
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(i) investigation to family preservation; |
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and |
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(ii) family preservation to foster care; |
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(D) ways to maximize evidence-based services and |
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to increase the evidence base for family preservation programs in |
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this state; |
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(E) requirements for complying with federal law |
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to receive matching funds for certain prevention services; |
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(F) appropriate performance measures for |
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contracted services, including associated financial remedies and |
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incentives; |
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(G) ways to incorporate and to maximize existing |
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funding methods for and programs related to behavioral health and |
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substance use provided by the Health and Human Services Commission; |
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(H) appropriate contract provisions to ensure a |
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clear distinction of money, personnel, and processes for family |
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preservation services and foster care services; |
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(I) conflict resolution procedures between the |
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department and contractors concerning: |
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(i) service plans; |
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(ii) services; and |
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(iii) case action for children or families |
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served by a contractor; |
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(J) appropriate oversight structures to manage |
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contract compliance, contractor performance, and child and family |
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safety; |
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(K) appropriate contract provisions to ensure |
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community engagement, including appropriate partnerships with |
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faith-based organizations; |
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(L) recommendations for statutory changes |
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necessary to support the department's implementation options; and |
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(M) any other information the department |
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determines necessary for legislative direction of the department's |
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implementation of community-based family preservation services. |
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(d) In developing implementation options under this |
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section, the department shall: |
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(1) incorporate relevant information obtained from |
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previous efforts and similar service models implemented in other |
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states; |
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(2) collaborate with the Health and Human Services |
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Commission as needed, including on: |
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(A) recommendations for the provision of |
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behavioral health and substance use services; and |
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(B) appropriate rate methodology; and |
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(3) allow interested persons to comment on the |
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provision of behavioral health and substance use services. |
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(e) The department may enter into any contracts the |
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department determines necessary to comply with this section. |
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(f) This section expires August 31, 2023. |
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SECTION 2. The following laws are repealed: |
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(1) Section 264.169, Family Code; and |
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(2) Section 40.0581(f), Human Resources Code. |
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SECTION 3. Not later than October 1, 2022, the Department of |
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Family and Protective Services shall submit copies of the options |
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described by Section 264.1691, Family Code, as added by this Act, |
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along with any associated recommendations, to the: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) speaker of the house of representatives; |
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(4) House Committee on Appropriations; |
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(5) Senate Committee on Finance; |
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(6) House Committee on Human Services; and |
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(7) Senate Committee on Health and Human Services. |
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SECTION 4. The Department of Family and Protective Services |
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is required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the department may, but is not required to, implement a |
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provision of this Act using other appropriations that are available |
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for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 910 passed the Senate on |
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April 23, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 910 passed the House, with |
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amendment, on May 26, 2021, by the following vote: Yeas 139, |
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Nays 8, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |