Bill Text: TX HB2764 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to minimum standards and caregiver training for substitute care providers for children in the conservatorship of the Department of Family and Protective Services.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2764 Detail]
Download: Texas-2019-HB2764-Enrolled.html
H.B. No. 2764 |
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relating to minimum standards and caregiver training for substitute | ||
care providers for children in the conservatorship of the | ||
Department of Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.042, Human Resources Code, is amended | ||
by adding Subsections (b-1) and (t) to read as follows: | ||
(b-1) Not later than the earlier of December 31, 2020, or | ||
the date the commission conducts the next review required by | ||
Subsection (b), the commission shall create and implement a process | ||
to simplify, streamline, and provide for greater flexibility in the | ||
application of the minimum standards to licensed child-placing | ||
agencies, agency foster homes, and adoptive homes with the goal of | ||
increasing the number of foster and adoptive homes in this state. | ||
This subsection expires September 1, 2021. | ||
(t) The commission by rule shall grant to each child-placing | ||
agency and each single source continuum contractor the authority to | ||
waive certain minimum standards related to preservice training, | ||
annual training, or other requirements that are not directly | ||
related to caring for the child for: | ||
(1) the child's foster or prospective adoptive parent; | ||
or | ||
(2) foster homes that have no citations or violations | ||
reported to the commission. | ||
SECTION 2. Section 42.0537, Human Resources Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsections | ||
(d), (e), and (f) to read as follows: | ||
(a) The department and each single source continuum | ||
contractor shall include a provision in each contract with a | ||
child-placing agency with whom children in the managing | ||
conservatorship of the department are placed that requires the | ||
child-placing agency to provide [ |
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competency-based, preservice training to a potential caregiver | ||
before the child-placing agency verifies or approves the caregiver | ||
as a foster or adoptive home. Except as provided by Subsection (d), | ||
the amount of training required by this subsection may not exceed 35 | ||
hours. | ||
(b) The department shall adopt policies to ensure that each | ||
potential caregiver receives [ |
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competency-based, preservice training before the department | ||
verifies or approves the caregiver as a foster or adoptive home. | ||
Except as provided by Subsection (d), the amount of training | ||
required by this subsection may not exceed 35 hours. | ||
(d) The department and each single source continuum | ||
contractor providing foster care placement or case management | ||
services may include in each contract with a child-placing agency | ||
with whom children in the managing conservatorship of the | ||
department are placed provisions that: | ||
(1) require the child-placing agency to, before | ||
verifying or approving a prospective caregiver as a foster or | ||
adoptive home, provide to the prospective caregiver | ||
competency-based, preservice training in addition to other | ||
training required under this section, based on the needs of the | ||
child being placed, including training regarding: | ||
(A) the treatment of: | ||
(i) children with complex medical needs; | ||
(ii) children with emotional disorders; | ||
(iii) children with intellectual or | ||
developmental disabilities; and | ||
(iv) victims of human trafficking; and | ||
(B) any other situation the department | ||
determines would require additional training; and | ||
(2) allow the child-placing agency to provide | ||
training, in addition to other training required under this section | ||
for a prospective caregiver, that: | ||
(A) meets the eligibility standards for federal | ||
financial participation under the requirements of the federal | ||
Family First Prevention Services Act (Title VII, Div. E, Pub. L. | ||
No. 115-123); | ||
(B) meets the standards set by a nationally | ||
recognized accrediting organization; or | ||
(C) meets the standards described by Paragraphs | ||
(A) and (B). | ||
(e) The department may require training in addition to other | ||
training required under this section described by Subsection | ||
(d)(2), as appropriate, for certified child-placing agencies | ||
operated by the department. | ||
(f) A child-placing agency may issue a provisional | ||
verification as provided by Section 42.053(e) to a prospective | ||
foster caregiver while the caregiver completes the training | ||
required under Subsection (d). | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a contract for foster care services entered into or renewed on or | ||
after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2764 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 132, Nays 10, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 2764 on May 24, 2019, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 2764 on May 26, 2019, by the following vote: Yeas 142, | ||
Nays 1, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2764 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
2764 on May 26, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |