88R30308 AMF-F
 
  By: Kolkhorst, et al. S.B. No. 1853
 
  (Hull)
 
  Substitute the following for S.B. No. 1853:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain procedures in a suit affecting the parent-child
  relationship for a child placed in the conservatorship of the
  Department of Family and Protective Services and the provision of
  family preservation services and community-based foster care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 262.401(3), Family Code, is amended to
  read as follows:
               (3)  "Family preservation service" means [a]
  time-limited, family-focused services [service], including
  services [a service] subject to the Family First Prevention
  Services Act (Title VII, Div. E, Pub. L. No. 115-123), family-based
  safety services, and services approved under the Title IV-E state
  plan 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;
                     (C)  a member of a household that is subject to an
  order rendered under Section 264.203; or
                     (D)  the subject of a monitored return under
  Section 263.403.
         SECTION 2.  The heading to Section 262.411, Family Code, is
  amended to read as follows:
         Sec. 262.411.  SELECTION OF SERVICE PROVIDER;
  REIMBURSEMENT.
         SECTION 3.  Section 262.411, Family Code, is amended by
  amending Subsection (c) and adding Subsections (c-1) and (c-2) to
  read as follows:
         (c)  A [parent,] managing conservator, guardian, or other
  member of a household who is not a parent and who obtains family
  preservation services from a provider selected by the person is
  responsible for the cost of those services.
         (c-1)  The department shall reimburse a service provider
  selected by the parent under Subsection (a) who is not under
  contract with the department in an amount equal to the average cost
  for the specific service, including any virtual services, from
  department contractors providing the service in the region where
  the parent resides.
         (c-2)  The department shall:
               (1)  adopt rules relating to the manner in which
  providers are reimbursed for services provided under this section; 
               (2)  implement this section using existing resources;
  and
               (3)  prioritize payments to providers of in-home
  support services under Section 264.2011.
         SECTION 4.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.0022 to read as follows:
         Sec. 263.0022.  TEMPORARY EMERGENCY SUPERVISION. (a)  In
  this section, "temporary emergency supervision" means the
  supervision and care provided by the department for a child without
  placement for whom the department has been appointed as the
  temporary or permanent managing conservator.
         (b)  The department may not advocate for and a court may not
  render an order placing a child in temporary emergency supervision
  if a safe and appropriate placement is available.
         (c)  Before a court may order temporary emergency
  supervision for a child, the department shall submit a report to the
  court that includes information regarding each attempted
  placement, including:
               (1)  the type of placement;
               (2)  the location of the placement;
               (3)  the date the department contacted the placement;
  and
               (4)  the reason the department determined the placement
  was not safe or appropriate.
         SECTION 5.  Section 264.1261(b), Family Code, is amended to
  read as follows:
         (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 organizations [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.
         SECTION 6.  Section 264.152, Family Code, is amended by
  amending Subdivision (2) and adding Subdivisions (5) and (6) to
  read as follows:
               (2)  "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 or caregivers,
  including:
                           (i)  pre-adoption and post-adoption
  assistance;
                           (ii)  services for children in the
  conservatorship of the department who must transition to
  independent living; and
                           (iii)  services related to family
  reunification, including services to support a monitored return;
                     (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.
               (5)  "Faith-based organization" means a religious or
  denominational institution or organization, including an
  organization operated for religious, educational, or charitable
  purposes and operated, supervised, or controlled, in whole or in
  part, by or in connection with a religious organization.
               (6)  "Family preservation service" means time-limited,
  family-focused services, including services subject to the Family
  First Prevention Services Act (Title VII, Div. E, Pub. L.
  No. 115-123), family-based safety services, and services approved
  under the Title IV-E state plan 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;
                     (B)  a pregnant or parenting foster youth;
                     (C)  a member of a household that is subject to an
  order rendered under Section 264.203; or
                     (D)  the subject of a monitored return under
  Section 263.403.
         SECTION 7.  The heading to Section 264.155, Family Code, is
  amended to read as follows:
         Sec. 264.155.  [REQUIRED] CONTRACT PROVISIONS.
         SECTION 8.  Section 264.155, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  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 implementing:
                     (A)  family preservation services;
                     (B)  case management services for children,
  families, and relative and kinship caregivers receiving services in
  the catchment area; and
                     (C) [(B)]  family reunification support services
  to be provided after a child receiving services from the contractor
  is returned to the child's family;
               (2)  establish conditions for the single source
  continuum contractor's access to relevant department data and
  require the participation of the contractor in the data access and
  standards governance council created under Section 264.159;
               (3)  require the single source continuum contractor to
  create a single process for the training and use of alternative
  caregivers for all child-placing agencies in the catchment area to
  facilitate reciprocity of licenses for alternative caregivers
  between agencies, including respite and overnight care providers,
  as those terms are defined by department rule;
               (4)  require the single source continuum contractor to
  maintain a diverse network of service providers that offer a range
  of foster capacity options and that can accommodate children from
  diverse cultural backgrounds;
               (5)  require [allow] the department to conduct a
  performance review of the contractor beginning 18 months after the
  contractor has begun providing case management, family
  preservation, 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, including:
                     (A)  the percentage of children reunified with
  their families within six months, 12 months, 18 months, and 24
  months or later, after the date a suit is filed by the department;
                     (B)  the percentage of children who reenter the
  conservatorship of the department within six months, 12 months, or
  three years after the date the child leaves the conservatorship of
  the department, disaggregated by case outcome and reason for
  reentry;
                     (C)  the percentage of children who remain in the
  conservatorship of the department until the age of majority,
  including the percentage of children receiving extended foster care
  services;
                     (D)  the number of placement moves per 1,000 days
  a child is in substitute care, disaggregated by placement type and
  the number of days in each placement type;
                     (E)  the percentage of families completing family
  preservation services within three months, six months, nine months,
  and 12 months, and after 12 months after the date a suit is filed by
  the department, disaggregated by type of service;
                     (F)  the percentage of children entering the
  conservatorship of the department within six months, 12 months, and
  24 months of the date the child's family begins receiving family
  preservation services, including the reason the department was
  granted conservatorship;
                     (G)  the percentage of children entering the
  conservatorship of the department within six months, 12 months, two
  years, and four years of the date the child's family completes
  family preservation services, including the reason the department
  was granted conservatorship; and
                     (H)  the percentage of children residing with one
  parent, with both parents, or in a shared custody arrangement
  between parents on completion of family preservation services;
               (6)  following the review under Subdivision (5),
  require [allow] the department to:
                     (A)  impose financial penalties on the contractor
  for failing to meet [any specified] performance outcomes under
  Subdivision (5); and [or]
                     (B)  award financial incentives to the contractor
  for exceeding [any specified] performance outcomes under
  Subdivision (5);
               (7)  following the review under Subdivision (5),
  transfer the provision of family preservation services to the
  contractor;
               (8)  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;
               (9) [(8)]  require the contractor to implement 
  [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 organizations
  [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
               (10) [(9)]  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.
         (a-1)  A contract with a single source continuum contractor
  to provide community-based care services in a catchment area may
  include provisions that require the contractor to develop a program
  to recruit and retain foster parents from faith-based
  organizations, including requirements for the contractor to:
               (1)  collaborate with faith-based organizations to
  inform prospective foster parents about:
                     (A)  the need for foster parents in the community;
                     (B)  the requirements for becoming a foster
  parent; and
                     (C)  any other aspect of the foster care program
  that is necessary to recruit foster parents;
               (2)  provide training for prospective foster parents;
  and
               (3)  identify and recommend ways in which faith-based
  organizations may support persons as they are recruited, are
  trained, and serve as foster parents.
         SECTION 9.  Section 264.156(a), Family Code, is amended to
  read as follows:
         (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)  family preservation services;
               (2)  case management services for children and
  families;
               (3) [(2)]  evidence-based, promising practice, or
  evidence-informed supports for children and families; and
               (4) [(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.
         SECTION 10.  Sections 264.158(a) and (b), Family Code, are
  amended to read as follows:
         (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)  family preservation services;
               (2)  the case management of children, relative and
  kinship caregivers, and families receiving services from that
  contractor; and
               (3) [(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)  family preservation services;
               (2)  the case management services for children,
  relative and kinship caregivers, and families in the catchment area
  where the contractor will be operating; and
               (3) [(2)]  family reunification support services to be
  provided after a child receiving services from the contractor is
  returned to the child's family.
         SECTION 11.  The heading to Section 264.2031, Family Code,
  is amended to read as follows:
         Sec. 264.2031.  SELECTION OF SERVICE PROVIDER;
  REIMBURSEMENT.
         SECTION 12.  Section 264.2031, Family Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (d) to
  read as follows:
         (b)  A [parent,] managing conservator, guardian, or other
  member of a household who is not a parent and who obtains services
  from a provider selected by the person is responsible for the cost
  of those services.
         (b-1)  The department shall reimburse a service provider
  selected by the parent under Subsection (a) who is not under
  contract with the department in an amount equal to the average cost
  for the specific service, including any virtual services, from
  department contractors providing the service in the region where
  the parent resides.
         (d)  The department shall:
               (1)  adopt rules relating to the manner in which
  providers are reimbursed for services provided under this section;
               (2)  implement this section using existing resources;
  and
               (3)  prioritize payments to providers of in-home
  support services under Section 264.2011.
         SECTION 13.  Sections 264.113(a), (b), and (c), Family Code,
  are repealed.
         SECTION 14.  (a) Section 263.0022, Family Code, as added by
  this Act, applies to a placement review hearing of a child
  regardless of the date on which the Department of Family and
  Protective Services is named the child's managing conservator.
         (b)  Sections 264.152, 264.155, 264.156(a), and 264.158(a)
  and (b), Family Code, as amended by this Act, apply only to a
  contract with a single source continuum contractor entered into on
  or after the effective date of this Act. A contract with a single
  source continuum contractor entered into before the effective date
  of this Act is governed by the law in effect on the date the contract
  was entered into, and the former law is continued in effect for that
  purpose.
         SECTION 15.  This Act takes effect September 1, 2023.