2021S0089-2 02/26/21     By: Schwertner S.B. No. 910     A BILL TO BE ENTITLED   AN ACT   relating to implementation options for the provision of   community-based family preservation services and certain other   health and human services by certain state agencies or contractors   and to 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.  COMMUNITY-BASED FAMILY PRESERVATION   SERVICES. (a)  In this section:                (1)  "Community-based family preservation services"   means family preservation services provided by a community-based   entity under a contract with the department.                (2)  "Family preservation services" means services   designed to maintain children in their families of origin and   ameliorate the effects of abuse or neglect, or reduce the risk of   abuse or neglect. The term includes:                      (A)  family support services;                      (B)  services to promote safe and stable families;                      (C)  Title IV-E prevention services;                      (D)  family-based safety services; and                      (E)  any similar efforts of the department or its   designees to maintain a child who:                            (i)  has been abused or neglected in the   child's home; or                            (ii)  is at direct risk of abuse or neglect   in the child's home.          (b)  The department shall develop a comprehensive list of   options for how to implement coordinated community-based family   preservation services through:                (1)  contract with current single-source continuum   contractors in existing catchment areas; and                (2)  competitive procurement for contractors in   existing catchment areas.          (c)  In developing the list of options under Subsection (b),   the department shall:                (1)  compare existing department functions related to   family preservation, including assessments of child safety and   child removals, and examine how these functions would be completed   in a contracted model;                (2)  consider the results from previous community needs   assessments and capacity development plans conducted within the   last 10 years; and                (3)  consider:                      (A)  Title IV-E prevention services in the   delivery of community-based family preservation services and,   contingent upon appropriation, the appropriate use of these   services;                      (B)  financial modeling to be used to determine   cost for implementation, including the costs of:                            (i)  startup funding;                            (ii)  purchased client services;                            (iii)  strategies for shared financial risk;   and                             (iv)  rate methodology;                      (C)  procedures related to transitions between   case stages, including:                            (i)  from investigations to family   preservation; and                             (ii)  from family preservation to foster   care;                      (D)  how to maximize evidence-based services and   methods to increase the evidence base for Texas family preservation   programs;                      (E)  requirements necessary to comply with   federal statutes in order to receive matching funds for certain   prevention services;                      (F)  appropriate performance measures for   contracted services, including associated financial remedies and   incentives;                      (G)  how to maximize existing funding streams and   programs related to behavioral health and substance use within the   Health and Human Services Commission;                      (H)  appropriate contract provisions to ensure a   clear distinction of funds, personnel, and processes for family   preservation services and foster care services;                      (I)  conflict resolution procedures between the   department and any contractors concerning:                            (i)  service plans;                            (ii)  services; and                            (iii)  case action for any 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 to inform the legislature about how to direct   the department on the implementation of community-based family   preservation services.          (d)  In developing implementation options under this   section, the department shall incorporate relevant information   already developed through prior efforts. The department shall also   consider similar service models in other states.          (e)  In developing implementation options under this   section, the department shall collaborate with the Health and Human   Services Commission as needed, including on:                (1)  recommendations for the provision of behavioral   health and substance use services; and                (2)  appropriate rate methodology.          (f)  In developing implementation options under this   section, the department shall allow for stakeholder input on the   provision of behavioral health and substance use services.          (g)  The department may contract for any or all of the   requirements of this section.          (h)  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.  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.