S.B. No. 910         AN ACT   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