Bill Text: TX SB910 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective immediately [SB910 Detail]
Download: Texas-2021-SB910-Enrolled.html
S.B. No. 910 |
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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. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B-1, Chapter 264, Family Code, is | ||
amended by adding Section 264.1691 to read as follows: | ||
Sec. 264.1691. STUDY OF OPTIONS FOR IMPLEMENTING FAMILY | ||
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; | ||
and | ||
(iv) rate methodology; | ||
(C) procedures for transitioning between case | ||
stages, including transitions from: | ||
(i) investigation to family preservation; | ||
and | ||
(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 | ||
incentives; | ||
(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 | ||
safety; | ||
(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 | ||
states; | ||
(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 | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |