Bill Text: TX HB2764 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
 
 
  By: Frank, Swanson (Senate Sponsor - Hughes) H.B. No. 2764
         (In the Senate - Received from the House May 6, 2019;
  May 7, 2019, read first time and referred to Committee on Health &
  Human Services; May 20, 2019, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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 [at least 35 hours of]
  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 [at least 35 hours of]
  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.
 
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