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  By: Schwertner, et al.  S.B. No. 11
         (In the Senate - Filed December 7, 2016; January 24, 2017,
  read first time and referred to Committee on Health & Human
  Services; February 22, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  February 22, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 11 By:  Schwertner
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the administration of services provided by the
  Department of Family and Protective Services, including foster
  care, child protective, relative and kinship caregiver support, and
  prevention and early intervention services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.001(5), Family Code, is amended to
  read as follows:
               (5)  "Person responsible for a child's care, custody,
  or welfare" means a person who traditionally is responsible for a
  child's care, custody, or welfare, including:
                     (A)  a parent, guardian, managing or possessory
  conservator, or foster parent of the child;
                     (B)  a member of the child's family or household
  as defined by Chapter 71;
                     (C)  a person with whom the child's parent
  cohabits;
                     (D)  school personnel or a volunteer at the
  child's school; [or]
                     (E)  personnel or a volunteer at a public or
  private child-care facility that provides services for the child or
  at a public or private residential institution or facility where
  the child resides; or
                     (F)  an employee, volunteer, or other person
  working under the supervision of a licensed or unlicensed
  child-care facility, including a family home, residential
  child-care facility, employer-based day-care facility, or shelter
  day-care facility, as those terms are defined in Chapter 42, Human
  Resources Code.
         SECTION 2.  Subchapter A, Chapter 261, Family Code, is
  amended by adding Section 261.004 to read as follows:
         Sec. 261.004.  TRACKING OF RECURRENCE OF CHILD ABUSE OR
  NEGLECT REPORTS. (a)  The department shall collect and monitor
  data regarding repeated reports of abuse or neglect involving the
  same child or by the same alleged perpetrator.  In monitoring
  reports under this section, the department shall group together
  separate reports involving different children residing in the same
  household.
         (b)  The department shall consider any report collected
  under Subsection (a) involving any child or adult who is a part of a
  child's household when making case priority determinations or when
  conducting service or safety planning for the child or the child's
  family.
         SECTION 3.  Section 264.018, Family Code, is amended by
  adding Subsections (d-1) and (d-2) to read as follows:
         (d-1)  Except as provided by Subsection (d-2), as soon as
  possible but not later than 24 hours after a change in placement of
  a child in the conservatorship of the department, the department
  shall give notice of the placement change to the managed care
  organization that contracts with the commission to provide health
  care services to the child under the STAR Health program.  The
  managed care organization shall give notice of the placement change
  to the primary care physician listed in the child's health passport
  before the end of the second business day after the day the
  organization receives the notification from the department.
         (d-2)  In this subsection, "catchment area" has the meaning
  assigned by Section 264.151.  In a catchment area in which
  community-based care has been implemented, the single source
  continuum contractor that has contracted with the commission to
  provide foster care services in that catchment area shall, as soon
  as possible but not later than 24 hours after a change in placement
  of a child in the conservatorship of the department, give notice of
  the placement change to the managed care organization that
  contracts with the commission to provide health care services to
  the child under the STAR Health program.  The managed care
  organization shall give notice of the placement change to the
  child's primary care physician in accordance with Subsection (d-1).
         SECTION 4.  (a)  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1076 to read as follows:
         Sec. 264.1076.  MEDICAL EXAMINATION REQUIRED. (a)  This
  section applies only to a child who has been taken into the
  conservatorship of the department and remains in the
  conservatorship of the department for more than three business
  days.
         (b)  The department shall ensure that each child described by
  Subsection (a) is examined by a physician or other health care
  provider authorized under state law to conduct medical examinations
  not later than the end of the third business day after the date the
  child enters the conservatorship of the department.
         (c)  The department shall collaborate with the commission
  and relevant medical practitioners to develop guidelines for the
  medical examination conducted under this section, including
  guidelines on the components to be included in the examination.
         (d)  Not later than December 31, 2019, the department shall
  submit a report to the standing committees of the house of
  representatives and the senate with primary jurisdiction over child
  protective services and foster care evaluating the statewide
  implementation of the medical examination required by this section.  
  The report must include the level of compliance with the
  requirements of this section in each region of the state.
         (b)  Section 264.1076, Family Code, as added by this section,
  applies only to a child who enters the conservatorship of the
  Department of Family and Protective Services on or after the
  effective date of this Act.  A child who enters the conservatorship
  of the Department of Family and Protective Services before the
  effective date of this Act is governed by the law in effect on the
  date the child entered the conservatorship of the department, and
  the former law is continued in effect for that purpose.
         (c)  The Department of Family and Protective Services shall
  implement Section 264.1076, Family Code, as added by this section,
  not later than December 31, 2018.
         SECTION 5.  (a)  Subchapter B, Chapter 264, Family Code, is
  amended by adding Sections 264.1261 and 264.128 to read as follows:
         Sec. 264.1261.  FOSTER CARE CAPACITY NEEDS PLAN. (a)  In
  this section, "community-based care" has the meaning assigned by
  Section 264.151.
         (b)  Appropriate department management personnel from a
  child protective services region in which community-based care has
  not been implemented, in collaboration with foster care providers,
  faith-based entities, and child advocates in that region, shall use
  data collected by the department on foster care capacity needs and
  availability of each type of foster care and kinship placement in
  the region to create a plan to address the substitute care capacity
  needs in the region. The plan must identify both short-term and
  long-term goals and strategies for addressing those capacity needs.
         (c)  A foster care capacity needs plan developed under
  Subsection (b) must be:
               (1)  submitted to and approved by the commissioner; and
               (2)  updated annually.
         (d)  The department shall publish each initial foster care
  capacity needs plan and each annual update to a plan on the
  department's Internet website.
         Sec. 264.128.  SINGLE CHILD PLAN OF SERVICE INITIATIVE.
  (a)  In this section, "community-based care" has the meaning
  assigned by Section 264.151.
         (b)  In regions of the state where community-based care has
  not been implemented, the department shall:
               (1)  collaborate with child-placing agencies to
  implement the single child plan of service model developed under
  the single child plan of service initiative; and
               (2)  ensure that a single child plan of service is
  developed for each child in foster care in those regions.
         (b)  Notwithstanding Section 264.128(b), Family Code, as
  added by this section, the Department of Family and Protective
  Services shall develop and implement a single child plan of service
  for each child in foster care in a region of the state described by
  that section not later than September 1, 2017.
         SECTION 6.  (a)  Chapter 264, Family Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1.  COMMUNITY-BASED CARE
         Sec. 264.151.  DEFINITIONS. Except as otherwise provided in
  this subchapter:
               (1)  "Case management" means the provision of case
  management services to a child for whom the department has been
  appointed temporary or permanent managing conservator or to the
  child's family, a young adult in extended foster care, a relative or
  kinship caregiver, or a child who has been placed in the catchment
  area through the Interstate Compact on the Placement of Children,
  and includes:
                     (A)  caseworker visits with the child;
                     (B)  family and caregiver visits;
                     (C)  convening and conducting permanency planning
  meetings;
                     (D)  the development and revision of child and
  family plans of service, including a permanency plan and goals for a
  child or young adult in care;
                     (E)  the coordination and monitoring of services
  required by the child and the child's family;
                     (F)  the assumption of court-related duties
  regarding the child, including:
                           (i)  providing any required notifications or
  consultations;
                           (ii)  preparing court reports;
                           (iii)  attending judicial and permanency
  hearings, trials, and mediations;
                           (iv)  complying with applicable court
  orders; and
                           (v)  ensuring the child is progressing
  toward the goal of permanency within state and federally mandated
  guidelines; and
                     (G)  any other function or service that the
  department determines necessary to allow a single source continuum
  contractor to assume responsibility for case management.
               (2)  "Catchment area" means a geographic service area
  for providing child protective services that is identified as part
  of community-based care.
               (3)  "Community-based care" means the foster care
  redesign required by Chapter 598 (S.B. 218), Acts of the 82nd
  Legislature, Regular Session, 2011, as designed and implemented in
  accordance with the plan required by Section 264.152.
         Sec. 264.153.  QUALIFICATIONS OF SINGLE SOURCE CONTINUUM
  CONTRACTOR. To be eligible to enter into a contract with the
  commission to serve as a single source continuum contractor to
  provide foster care service delivery, an entity must be a nonprofit
  entity that has an organizational mission focused on child welfare
  or a governmental entity.
         Sec. 264.154.  REQUIRED CONTRACT PROVISIONS. A contract
  with a single source continuum contractor to provide
  community-based care services in a catchment area must include
  provisions that:
               (1)  establish a timeline for the implementation of
  community-based care in the catchment area, including a timeline
  for:
                     (A)  case management services for children,
  families, and relative and kinship caregivers receiving services in
  the catchment area; and
                     (B)  family reunification support services to be
  provided for six months after a child receiving services from the
  contractor is returned to the child's family;
               (2)  allow the department to conduct a performance
  review of the contractor beginning 18 months after the contractor
  has begun providing case management and family reunification
  support services to all children and families in the catchment area
  and determine if the contractor has achieved any performance
  outcomes specified in the contract;
               (3)  following the review under Subdivision (2), allow
  the department to:
                     (A)  impose financial penalties on the contractor
  for failing to meet any specified performance outcomes; or
                     (B)  award financial incentives to the contractor
  for exceeding any specified performance outcomes;
               (4)  require the contractor to give preference for
  employment to employees of the department:
                     (A)  whose position at the department is impacted
  by the implementation of community-based care; and
                     (B)  who are considered by the department to be
  employees in good standing;
               (5)  require the contractor to provide preliminary and
  ongoing community engagement plans to ensure communication and
  collaboration with local stakeholders in the catchment area,
  including any of the following:
                     (A)  community faith-based entities;
                     (B)  the judiciary;
                     (C)  court-appointed special advocates;
                     (D)  child advocacy centers;
                     (E)  service providers;
                     (F)  foster families;
                     (G)  biological parents;
                     (H)  foster youth and former foster youth;
                     (I)  relative or kinship caregivers;
                     (J)  child welfare boards, if applicable;
                     (K)  attorneys ad litem;
                     (L)  attorneys that represent parents involved in
  suits filed by the department; and
                     (M)  any other stakeholders, as determined by the
  contractor; and
               (6)  require that the contractor comply with any
  applicable court order issued by a court of competent jurisdiction
  in the case of a child for whom the contractor has assumed case
  management responsibilities or an order imposing a requirement on
  the department that relates to functions assumed by the contractor.
         Sec. 264.155.  READINESS REVIEW PROCESS FOR COMMUNITY-BASED
  CARE CONTRACTOR. (a)  The department shall develop a formal review
  process to assess the ability of a single source continuum
  contractor to satisfy the responsibilities and administrative
  requirements of delivering foster care services and services for
  relative and kinship caregivers, including the contractor's
  ability to provide:
               (1)  case management services for children and
  families;
               (2)  evidence-based, promising practice, or
  evidence-informed supports for children and families; and
               (3)  sufficient available capacity for inpatient and
  outpatient services and supports for children at all service levels
  who have previously been placed in the catchment area.
         (b)  As part of the readiness review process, the single
  source continuum contractor must prepare a plan detailing the
  methods by which the contractor will avoid or eliminate conflicts
  of interest.  The department may not transfer services to the
  contractor until the department has determined the plan is
  adequate.
         (c)  The department and commission must develop the review
  process under Subsection (a) before the department may expand
  community-based care outside of the initial catchment areas where
  community-based care has been implemented.
         (d)  If after conducting the review process developed under
  Subsection (a) the department determines that a single source
  continuum contractor is able to adequately deliver foster care
  services and services for relative and kinship caregivers in
  advance of the projected dates stated in the timeline included in
  the contract with the contractor, the department may adjust the
  timeline to allow for an earlier transition of service delivery to
  the contractor.
         Sec. 264.156.  TRANSFER OF CASE MANAGEMENT SERVICES TO
  SINGLE SOURCE CONTINUUM CONTRACTOR. (a)  In each initial catchment
  area where community-based care has been implemented or a contract
  with a single source continuum contractor has been executed before
  September 1, 2017, the department shall transfer to the single
  source continuum contractor providing foster care services in that
  area:
               (1)  the case management of children, relative and
  kinship caregivers, and families receiving services from that
  contractor; and
               (2)  family reunification support services to be
  provided after a child receiving services from the contractor is
  returned to the child's family for the period of time ordered by the
  court.
         (b)  The commission shall include a provision in a contract
  with a single source continuum contractor to provide foster care
  services and services for relative and kinship caregivers in a
  catchment area to which community-based care is expanded after
  September 1, 2017, that requires the transfer to the contractor of
  the provision of:
               (1)  the case management services for children,
  relative and kinship caregivers, and families in the catchment area
  where the contractor will be operating; and
               (2)  family reunification support services to be
  provided for six months after a child receiving services from the
  contractor is returned to the child's family.
         (c)  The department shall collaborate with a single source
  continuum contractor to establish an initial case transfer planning
  team to:
               (1)  address any necessary data transfer;
               (2)  establish file transfer procedures; and
               (3)  notify relevant persons regarding the transfer of
  services to the contractor.
         Sec. 264.157.  LIABILITY INSURANCE REQUIREMENTS. A single
  source continuum contractor and any subcontractor of the single
  source continuum contractor providing community-based care
  services shall maintain minimum insurance coverage, as required in
  the contract with the department, to minimize the risk of
  insolvency and protect against damages.  The executive commissioner
  may adopt rules to implement this section.
         Sec. 264.158.  STATUTORY DUTIES ASSUMED BY CONTRACTOR.
  Except as provided by Section 264.159, a single source continuum
  contractor providing foster care services and services for relative
  and kinship caregivers in a catchment area must, either directly or
  through subcontractors, assume the statutory duties of the
  department in connection with the delivery of foster care services
  and services for relative and kinship caregivers in that catchment
  area.
         Sec. 264.159.  CONTINUING DUTIES OF DEPARTMENT. In a
  catchment area in which a single source continuum contractor is
  providing family- or community-based care services or integrated
  care coordination, legal representation of the department in an
  action under this code shall be provided in accordance with Section
  264.009.
         Sec. 264.160.  CONFIDENTIALITY. (a)  The records of a
  single source continuum contractor relating to the provision of
  community-based care services in a catchment area are subject to
  Chapter 552, Government Code, in the same manner as the records of
  the department are subject to that chapter.
         (b)  Subchapter C, Chapter 261, regarding the
  confidentiality of certain case information, applies to the records
  of a single source continuum contractor in relation to the
  provision of services by the contractor.
         Sec. 264.161.  NOTICE REQUIRED FOR EARLY TERMINATION OF
  CONTRACT. A single source continuum contractor may terminate a
  contract entered into under this subchapter by providing written
  notice to the commission of the contractor's intent to terminate
  the contract not later than the 90th day before the date of the
  termination.
         Sec. 264.162.  ATTORNEY-CLIENT PRIVILEGE. An employee,
  agent, or representative of a single source continuum contractor is
  considered to be a client's representative of the department for
  purposes of the privilege under Rule 503, Texas Rules of Evidence,
  as that privilege applies to communications with a prosecuting
  attorney or other attorney representing the department, or the
  attorney's representatives, in a proceeding under this subtitle.
         Sec. 264.163.  REVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT.
  (a)  Notwithstanding any other provision of this subchapter
  governing the transfer of case management authority to a single
  source continuum contractor, the department may review, approve, or
  disapprove a contractor's decision with respect to a child's
  permanency goal.
         (b)  Subsection (a) may not be construed to limit or restrict
  the authority of the department to include necessary oversight
  measures and review processes to maintain compliance with federal
  and state requirements in a contract with a single source continuum
  contractor.
         (c)  The department shall develop an internal dispute
  resolution process to decide disagreements between a single source
  continuum contractor and the department.
         Sec. 264.164.  PILOT PROGRAM FOR FAMILY-BASED SAFETY
  SERVICES.  (a)  In this section, "case management services" means
  the direct delivery and coordination of a network of formal and
  informal activities and services in a catchment area where the
  department has entered into, or is in the process of entering into,
  a contract with a single source continuum contractor to provide
  family-based safety services and case management and includes:
               (1)  caseworker visits with the child and all
  caregivers;
               (2)  family visits;
               (3)  family group conferencing or family group
  decision-making;
               (4)  development of the family plan of service;
               (5)  monitoring, developing, securing, and
  coordinating services;
               (6)  evaluating the progress of children, caregivers,
  and families receiving services;
               (7)  assuring that the rights of children, caregivers,
  and families receiving services are protected;
               (8)  duties relating to family-based safety services
  ordered by a court, including:
                     (A)  providing any required notifications or
  consultations;
                     (B)  preparing court reports;
                     (C)  attending judicial hearings, trials, and
  mediations;
                     (D)  complying with applicable court orders; and
                     (E)  ensuring the child is progressing toward the
  goal of permanency within state and federally mandated guidelines;
  and
               (9)  any other function or service that the department
  determines is necessary to allow a single source continuum
  contractor to assume responsibility for case management.
         (b)  The department shall develop and implement in two child
  protective services regions of the state a pilot program under
  which the commission contracts with a single nonprofit entity that
  has an organizational mission focused on child welfare or a
  governmental entity in each region to provide family-based safety
  services and case management for children and families receiving
  family-based safety services.  The contract must include a
  transition plan for the provision of services that ensures the
  continuity of services for children and families in the selected
  regions.
         (c)  The contract with an entity must include
  performance-based provisions that require the entity to achieve the
  following outcomes for families receiving services from the entity:
               (1)  a decrease in recidivism;
               (2)  an increase in protective factors; and
               (3)  any other performance-based outcome specified by
  the department.
         (d)  The commission may only contract for implementation of
  the pilot program with entities that the department considers to
  have the capacity to provide, either directly or through
  subcontractors, an array of evidence-based, promising practice, or
  evidence-informed services and support programs to children and
  families in the selected child protective services regions.
         (e)  The contracted entity must perform all statutory duties
  of the department in connection with the delivery of the services
  specified in Subsection (b).
         (f)  Not later than December 31, 2018, the department shall
  report to the appropriate standing committees of the legislature
  having jurisdiction over child protective services and foster care
  matters on the progress of the pilot program. The report must
  include:
               (1)  an evaluation of each contracted entity's success
  in achieving the outcomes described by Subsection (c); and
               (2)  a recommendation as to whether the pilot program
  should be continued, expanded, or terminated.
         (b)  Section 264.126, Family Code, is transferred to
  Subchapter B-1, Chapter 264, Family Code, as added by this section,
  redesignated as Section 264.152, Family Code, and amended to read
  as follows:
         Sec. 264.152 [264.126].  COMMUNITY-BASED CARE [REDESIGN]
  IMPLEMENTATION PLAN. (a)  The department shall develop and
  maintain a plan for implementing community-based [the foster] care
  [redesign required by Chapter 598 (S.B. 218), Acts of the 82nd
  Legislature, Regular Session, 2011]. The plan must:
               (1)  describe the department's expectations, goals, and
  approach to implementing community-based [foster] care [redesign];
               (2)  include a timeline for implementing
  community-based [the foster] care [redesign] throughout this
  state, any limitations related to the implementation, and a
  progressive intervention plan and a contingency plan to provide
  continuity of the delivery of foster care services and services for
  relative and kinship caregivers [service delivery] if a contract
  with a single source continuum contractor ends prematurely;
               (3)  delineate and define the case management roles and
  responsibilities of the department and the department's
  contractors and the duties, employees, and related funding that
  will be transferred to the contractor by the department;
               (4)  identify any training needs and include long-range
  and continuous plans for training and cross-training staff,
  including plans to train caseworkers using the standardized
  curriculum created by the human trafficking prevention task force
  under Section 402.035(d)(6), Government Code, as that section
  existed on August 31, 2017;
               (5)  include a plan for evaluating the costs and tasks
  associated with each contract procurement, including the initial
  and ongoing contract costs for the department and contractor;
               (6)  include the department's contract monitoring
  approach and a plan for evaluating the performance of each
  contractor and the community-based [foster] care [redesign] system
  as a whole that includes an independent evaluation of processes and
  outcomes; and
               (7)  include a report on transition issues resulting
  from implementation of community-based [the foster] care
  [redesign].
         (b)  The department shall annually:
               (1)  update the implementation plan developed under
  this section and post the updated plan on the department's Internet
  website; and
               (2)  post on the department's Internet website the
  progress the department has made toward its goals for implementing
  community-based [the foster] care [redesign].
         (c)  Section 264.153, Family Code, as added by this section,
  applies only to a contract entered into with a single source
  continuum contractor on or after the effective date of this
  section.
         SECTION 7.  Subchapter A, Chapter 265, Family Code, is
  amended by adding Sections 265.0041, 265.0042, 265.0043, and
  265.0044 to read as follows:
         Sec. 265.0041.  GEOGRAPHIC RISK MAPPING FOR PREVENTION AND
  EARLY INTERVENTION SERVICES. (a)  The department shall use risk
  terrain modeling systems, predictive analytic systems, or
  geographic risk assessments or shall develop a system or assessment
  under Subsection (c) to:
               (1)  identify geographic areas that have high risk
  indicators of child maltreatment and child fatalities resulting
  from abuse or neglect; and
               (2)  target the implementation and use of prevention
  and early intervention services to those geographic areas.
         (b)  The department may not use data gathered under this
  section to identify a specific family or individual.
         (c)  The Health and Human Services Commission, on behalf of
  the department, may enter into agreements with institutions of
  higher education to develop or adapt, in coordination with the
  department, a risk terrain modeling system, a predictive analytic
  system, or a geographic risk assessment to be used for purposes of
  this section.
         Sec. 265.0042.  COLLABORATION WITH INSTITUTIONS OF HIGHER
  EDUCATION. (a)  Subject to the availability of funds, the Health
  and Human Services Commission, on behalf of the department, shall
  enter into agreements with institutions of higher education to
  conduct efficacy reviews of any prevention and early intervention
  programs that have not previously been evaluated for effectiveness
  through a scientific research evaluation process.
         (b)  Subject to the availability of funds, the department
  shall collaborate with an institution of higher education to create
  and track indicators of child well-being to determine the
  effectiveness of prevention and early intervention services.
         Sec. 265.0043.  INTERAGENCY SHARING OF DATA FOR RISK TERRAIN
  MODELING.  (a)  Notwithstanding any other provision of law, state
  agencies, including the Texas Education Agency, the Texas Juvenile
  Justice Department, and the Department of Public Safety, shall
  disclose information related to child abuse or neglect only to the
  prevention and early intervention services division of the
  department for the purpose of implementing Section 265.0041.
         (b)  The prevention and early intervention services division
  may not disclose information received under this section to any
  other state agency or division of the department.
         Sec. 265.0044.  ETHICAL GUIDELINES.  The executive
  commissioner of the Health and Human Services Commission shall
  develop guidelines regarding:
               (1)  the type of risk terrain modeling data to be
  collected by the department and the acceptable uses of the data; and
               (2)  the methods for sharing final geographic risk maps
  with external prevention services providers.
         SECTION 8.  Section 265.005(b), Family Code, is amended to
  read as follows:
         (b)  A strategic plan required under this section must:
               (1)  identify methods to leverage other sources of
  funding or provide support for existing community-based prevention
  efforts;
               (2)  include a needs assessment that identifies
  programs to best target the needs of the highest risk populations
  and geographic areas;
               (3)  identify the goals and priorities for the
  department's overall prevention efforts;
               (4)  report the results of previous prevention efforts
  using available information in the plan;
               (5)  identify additional methods of measuring program
  effectiveness and results or outcomes;
               (6)  identify methods to collaborate with other state
  agencies on prevention efforts; [and]
               (7)  identify specific strategies to implement the plan
  and to develop measures for reporting on the overall progress
  toward the plan's goals; and
               (8)  identify specific strategies to increase local
  capacity for the delivery of prevention and early intervention
  services through collaboration with communities and stakeholders.
         SECTION 9.  Section 266.012, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A single source continuum contractor under Subchapter
  B-1, Chapter 264, providing therapeutic foster care services to a
  child shall ensure that the child receives a comprehensive
  assessment under this section at least once every 90 days.
         SECTION 10.  (a)  Section 531.02013, Government Code, is
  amended to read as follows:
         Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES.  
  The following functions are not subject to transfer under Sections
  531.0201 and 531.02011:
               (1)  the functions of the Department of Family and
  Protective Services, including the statewide intake of reports and
  other information, related to the following:
                     (A)  child protective services, including
  services that are required by federal law to be provided by this
  state's child welfare agency;
                     (B)  adult protective services, other than
  investigations of the alleged abuse, neglect, or exploitation of an
  elderly person or person with a disability:
                           (i)  in a facility operated, or in a facility
  or by a person licensed, certified, or registered, by a state
  agency; or
                           (ii)  by a provider that has contracted to
  provide home and community-based services; [and]
                     (C)  prevention and early intervention services;
  and
                     (D)  investigations of alleged abuse, neglect, or
  exploitation occurring at a child-care facility, as that term is
  defined in Section 40.042, Human Resources Code; and
               (2)  the public health functions of the Department of
  State Health Services, including health care data collection and
  maintenance of the Texas Health Care Information Collection
  program.
         (b)  Notwithstanding any provision of Subchapter A-1,
  Chapter 531, Government Code, or any other law, the responsibility
  for conducting investigations of reports of abuse, neglect, or
  exploitation occurring at a child-care facility, as that term is
  defined in Section 40.042, Human Resources Code, as added by this
  Act, may not be transferred to the Health and Human Services
  Commission and remains the responsibility of the Department of
  Family and Protective Services.
         (c)  As soon as possible after the effective date of this
  section, the commissioner of the Department of Family and
  Protective Services shall transfer the responsibility for
  conducting investigations of reports of abuse, neglect, or
  exploitation occurring at a child-care facility, as that term is
  defined in Section 40.042, Human Resources Code, as added by this
  Act, to the child protective services division of the department.  
  The commissioner shall transfer appropriate investigators and
  staff as necessary to implement this section.
         (d)  This section takes effect immediately if this Act
  receives a vote of two-thirds of all the members of each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for this section to take
  immediate effect, this section takes effect on the 91st day after
  the last day of the legislative session.
         SECTION 11.  (a)  Subchapter A, Chapter 533, Government
  Code, is amended by adding Section 533.0054 to read as follows:
         Sec. 533.0054.  HEALTH SCREENING REQUIREMENTS FOR ENROLLEE
  UNDER STAR HEALTH PROGRAM. (a)  A managed care organization that
  contracts with the commission to provide health care services to
  recipients under the STAR Health program must ensure that enrollees
  receive a complete early and periodic screening, diagnosis, and
  treatment checkup in accordance with the requirements specified in
  the contract between the managed care organization and the
  commission.
         (b)  The commission shall include a provision in a contract
  with a managed care organization to provide health care services to
  recipients under the STAR Health program specifying progressive
  monetary penalties for the organization's failure to comply with
  Subsection (a).
         (b)  The Health and Human Services Commission shall, in a
  contract for the provision of health care services under the STAR
  Health program between the commission and a managed care
  organization under Chapter 533, Government Code, that is entered
  into, renewed, or extended on or after the effective date of this
  section, require that the managed care organization comply with
  Section 533.0054, Government Code, as added by this section.
         (c)  The Health and Human Services Commission may not impose
  a monetary penalty for noncompliance with a contract provision
  described by Section 533.0054(b), Government Code, as added by this
  section, until September 1, 2018.
         (d)  If before implementing Section 533.0054, Government
  Code, as added by this section, the Health and Human Services
  Commission determines that a waiver or authorization from a federal
  agency is necessary for implementation of that provision, the
  agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 12.  (a)  Subchapter A, Chapter 533, Government
  Code, is amended by adding Section 533.0056 to read as follows:
         Sec. 533.0056.  STAR HEALTH PROGRAM:  NOTIFICATION OF
  PLACEMENT CHANGE.  A contract between a managed care organization
  and the commission for the organization to provide health care
  services to recipients under the STAR Health program must require
  the organization to ensure continuity of care for a child whose
  placement has changed by:
               (1)  notifying each specialist treating the child of
  the placement change; and
               (2)  coordinating the transition of care from the
  child's previous treating primary care physician and treating
  specialists to the child's new treating primary care physician and
  treating specialists, if any.
         (b)  The changes in law made by this section apply only to a
  contract for the provision of health care services under the STAR
  Health program between the Health and Human Services Commission and
  a managed care organization under Chapter 533, Government Code,
  that is entered into, renewed, or extended on or after the effective
  date of this section.
         (c)  If before implementing Section 533.0056, Government
  Code, as added by this section, the Health and Human Services
  Commission determines that a waiver or authorization from a federal
  agency is necessary for implementation of that provision, the
  health and human services agency affected by the provision shall
  request the waiver or authorization and may delay implementing that
  provision until the waiver or authorization is granted.
         SECTION 13.  (a)  Subchapter B, Chapter 40, Human Resources
  Code, is amended by adding Sections 40.039, 40.040, 40.041, and
  40.042 to read as follows:
         Sec. 40.039.  REVIEW OF RECORDS RETENTION POLICY. The
  department shall periodically review the department's records
  retention policy with respect to case and intake records relating
  to department functions.  The department shall make changes to the
  policy consistent with the records retention schedule submitted
  under Section 441.185, Government Code, that are necessary to
  improve case prioritization and the routing of cases to the
  appropriate division of the department.  The department may adopt
  rules necessary to implement this section.
         Sec. 40.040.  CASE MANAGEMENT VENDOR QUALITY OVERSIGHT AND
  ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE. (a)  In this
  section, "case management," "catchment area," and "community-based
  care" have the meanings assigned by Section 264.151, Family Code.
         (b)  The department shall create within the department the
  case management services vendor quality oversight and assurance
  division. The division shall:
               (1)  oversee quality and ensure accountability of any
  vendor that provides community-based care and full case management
  services for the department under community-based care; and
               (2)  monitor the transfer from the department to a
  vendor of full case management services for children and families
  receiving services from the vendor, including any transfer
  occurring under a pilot program.
         (c)  The commission shall contract with an outside vendor
  with expertise in quality assurance to develop, in coordination
  with the department, a contract monitoring system and standards for
  the continuous monitoring of the adherence of a vendor providing
  foster care services under community-based care to the terms of the
  contract entered into by the vendor and the commission.  The
  standards must include performance benchmarks relating to the
  provision of case management services in the catchment area where
  the vendor operates.
         (d)  The division shall collect and analyze data comparing
  outcomes on performance measures between catchment areas where
  community-based care has been implemented and regions where
  community-based care has not been implemented.
         Sec. 40.041.  OFFICE OF DATA ANALYTICS. The department
  shall create an office of data analytics.  The office shall report
  to the deputy commissioner and may perform any of the following
  functions, as determined by the department:
               (1)  monitor management trends;
               (2)  analyze employee exit surveys and interviews;
               (3)  evaluate the effectiveness of employee retention
  efforts, including merit pay;
               (4)  create and manage a system for handling employee
  complaints submitted by the employee outside of an employee's
  direct chain of command, including anonymous complaints;
               (5)  monitor and provide reports to department
  management personnel on:
                     (A)  employee complaint data and trends in
  employee complaints;
                     (B)  compliance with annual department
  performance evaluation requirements; and
                     (C)  the department's use of positive performance
  levels for employees;
               (6)  track employee tenure and internal employee
  transfers within both the child protective services division and
  the department;
               (7)  use data analytics to predict workforce shortages
  and identify areas of the department with high rates of employee
  turnover, and develop a process to inform the deputy commissioner
  and other appropriate staff regarding the office's findings;
               (8)  create and monitor reports on key metrics of
  agency performance;
               (9)  analyze available data, including data on employee
  training, for historical and predictive department trends; and
               (10)  conduct any other data analysis the department
  determines to be appropriate for improving performance, meeting the
  department's current business needs, or fulfilling the powers and
  duties of the department.
         Sec. 40.042.  INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND
  EXPLOITATION.  (a)  In this section, "child-care facility"
  includes a facility, licensed or unlicensed child-care facility,
  family home, residential child-care facility, employer-based
  day-care facility, or shelter day-care facility, as those terms are
  defined in Chapter 42, Human Resources Code.
         (b)  For all investigations of child abuse or neglect
  conducted by the child protective services division of the
  department, the department shall adopt the definitions of abuse and
  neglect provided in Section 261.001, Family Code.
         (c)  For all investigations of child exploitation conducted
  by the child protective services division of the department, the
  department shall adopt the definition of exploitation provided in
  Section 261.401, Family Code.
         (d)  The department shall establish standardized policies to
  be used during investigations.
         (e)  The commissioner may establish units within the child
  protective services division of the department to specialize in
  investigating allegations of child abuse and neglect occurring at a
  child-care facility.
         (f)  The department may require that investigators who
  specialize in allegations of child abuse and neglect occurring at
  child-care facilities receive ongoing training on the minimum
  licensing standards for any facilities that are applicable to the
  investigator's specialization.
         (g)  After an investigation of abuse, neglect, or
  exploitation occurring at a child-care facility, the department
  shall provide the state agency responsible for regulating the
  facility with access to any information relating to the
  department's investigation.  Providing access to confidential
  information under this subsection does not constitute a waiver of
  confidentiality.
         (h)  The department may adopt rules to implement this
  section.
         (b)  As soon as possible after the effective date of this
  Act, the commissioner of the Department of Family and Protective
  Services shall establish the office of data analytics required by
  Section 40.041, Human Resources Code, as added by this section.  The
  commissioner and the executive commissioner of the Health and Human
  Services Commission shall transfer appropriate staff as necessary
  to conduct the duties of the office.
         (c)  The Department of Family and Protective Services must
  implement the standardized definitions and policies required under
  Sections 40.042(b), (c), and (d), Human Resources Code, as added by
  this Act, not later than December 1, 2017.
         SECTION 14.  (a)  Section 40.058(f), Human Resources Code,
  is amended to read as follows:
         (f)  A contract for residential child-care services provided
  by a general residential operation or by a child-placing agency
  must include provisions that:
               (1)  enable the department and commission to monitor
  the effectiveness of the services;
               (2)  specify performance outcomes, financial penalties
  for failing to meet any specified performance outcomes, and
  financial incentives for exceeding any specified performance
  outcomes;
               (3)  authorize the department or commission to
  terminate the contract or impose monetary sanctions for a violation
  of a provision of the contract that specifies performance criteria
  or for underperformance in meeting any specified performance
  outcomes;
               (4)  authorize the department or commission, an agent
  of the department or commission, and the state auditor to inspect
  all books, records, and files maintained by a contractor relating
  to the contract; and
               (5)  are necessary, as determined by the department or
  commission, to ensure accountability for the delivery of services
  and for the expenditure of public funds.
         (b)  The Health and Human Services Commission shall, in a
  contract for residential child-care services between the
  commission and a general residential operation or child-placing
  agency that is entered into on or after the effective date of this
  section, including a renewal contract, include the provisions
  required by Section 40.058(f), Human Resources Code, as amended by
  this section.
         (c)  The Health and Human Services Commission shall seek to
  amend contracts for residential child-care services entered into
  with general residential operations or child-placing agencies
  before the effective date of this section to include the provisions
  required by Section 40.058(f), Human Resources Code, as amended by
  this section.
         (d)  The Department of Family and Protective Services and the
  Health and Human Services Commission may not impose a financial
  penalty against a general residential operation or child-placing
  agency under a contract provision described by Section 40.058(f)(2)
  or (3), Human Resources Code, as amended by this section, until
  September 1, 2018.
         SECTION 15.  (a)  Subchapter C, Chapter 40, Human Resources
  Code, is amended by adding Section 40.0581 to read as follows:
         Sec. 40.0581.  PERFORMANCE MEASURES FOR CERTAIN SERVICE
  PROVIDER CONTRACTS. (a)  The commission, in collaboration with the
  department, shall contract with a vendor or enter into an agreement
  with an institution of higher education to develop, in coordination
  with the department, performance quality metrics for family-based
  safety services and post-adoption support services providers.  The
  quality metrics must be included in each contract with those
  providers.
         (b)  Each provider whose contract with the commission to
  provide department services includes the quality metrics developed
  under Subsection (a) must prepare and submit to the department a
  report each calendar quarter regarding the provider's performance
  based on the quality metrics.
         (c)  The commissioner shall compile a summary of all reports
  prepared and submitted to the department by family-based safety
  services providers as required by Subsection (b) and distribute the
  summary to appropriate family-based safety services caseworkers
  and child protective services region management once each calendar
  quarter.
         (d)  The commissioner shall compile a summary of all reports
  prepared and submitted to the department by post-adoption support
  services providers as required by Subsection (b) and distribute the
  summary to appropriate conservatorship and adoption caseworkers
  and child protective services region management.
         (e)  The department shall make the summaries prepared under
  Subsections (c) and (d) available to families that are receiving
  family-based safety services and to adoptive families.
         (f)  This section does not apply to a provider that has
  entered into a contract with the commission to provide family-based
  safety services under Section 264.164, Family Code.
         (b)  The quality metrics required by Section 40.0581, Human
  Resources Code, as added by this section, must be developed not
  later than September 1, 2018, and included in any contract,
  including a renewal contract, entered into by the Health and Human
  Services Commission with a family-based safety services provider or
  a post-adoption support services provider on or after January 1,
  2019, except as provided by Section 40.0581(f), Human Resources
  Code, as added by this section.
         SECTION 16.  (a)  Subchapter C, Chapter 42, Human Resources
  Code, is amended by adding Section 42.0432 to read as follows:
         Sec. 42.0432.  HEALTH SCREENING REQUIREMENTS FOR CHILD
  PLACED WITH CHILD-PLACING AGENCY. (a)  A child-placing agency or
  general residential operation that contracts with the department to
  provide services must ensure that the children that are in the
  managing conservatorship of the department and are placed with the
  child-placing agency or general residential operation receive a
  complete early and periodic screening, diagnosis, and treatment
  checkup in accordance with the requirements specified in the
  contract between the child-placing agency or general residential
  operation and the department.
         (b)  The commission shall include a provision in a contract
  with a child-placing agency or general residential operation
  specifying progressive monetary penalties for the child-placing
  agency's or general residential operation's failure to comply with
  Subsection (a).
         (b)  A child-placing agency or general residential operation
  that contracts to provide services for the Department of Family and
  Protective Services must comply with the requirements of Section
  42.0432, Human Resources Code, as added by this section, not later
  than August 31, 2018. The department and the Health and Human
  Services Commission may not impose a monetary penalty for
  noncompliance with a contract provision described by that section
  until September 1, 2018.
         SECTION 17.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2017.
 
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