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