85R4892 MK-D     By: Schwertner, Nelson, Uresti S.B. No. 11       A BILL TO BE ENTITLED   AN ACT   relating to the administration of services provided by the   Department of Family and Protective Services, including foster   care, child protective, and prevention and early intervention   services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 261, Family Code, is   amended by adding Section 261.004 to read as follows:          Sec. 261.004.  TRACKING OF RECURRENCE OF CHILD ABUSE OR   NEGLECT REPORTS. The department shall collect, compile, and   monitor data regarding repeated reports of abuse or neglect   involving the same child or by the same alleged perpetrator.  In   compiling reports under this section, the department shall group   together separate reports involving different children residing in   the same household.          SECTION 2.  Section 264.1075, Family Code, is amended by   adding Subsection (c) to read as follows:          (c)  The department shall collaborate with a managed care   organization that contracts to provide STAR Health program benefits   to develop and implement an assessment tool for a caseworker to use   in triaging a child's medical and behavioral health care needs not   later than the fifth day after the date the child is removed from   the child's home. The results of the assessment must be used to   identify whether a child has high medical or behavioral health care   needs and to expedite delivery of appropriate services for the   child.          SECTION 3.  (a)  Subchapter B, Chapter 264, Family Code, is   amended by adding Sections 264.1261, 264.128, and 264.129 to read   as follows:          Sec. 264.1261.  FOSTER CARE CAPACITY NEEDS PLAN. (a) In   this section, "catchment area" has the meaning assigned by Section   264.151.          (b)  Appropriate department management from a child   protective services region that includes a catchment area, in   collaboration with foster care providers, faith-based entities,   and child advocates in that catchment area, shall use data   collected by the department on foster care capacity needs and   availability of each type of foster care placement in the catchment   area to create a plan to address the foster care capacity needs in   the catchment area. The plan must identify both short-term and   long-term goals and strategies for addressing those capacity needs.          (c)  A foster care capacity needs plan developed under   Subsection (b) must be:                (1)  submitted to, and approved by, the department; and                (2)  updated annually.          (d)  The department shall publish each initial foster care   capacity needs plan and each annual update to a plan on the   department's Internet website.          Sec. 264.128.  PILOT PROGRAM FOR INTEGRATED CASE MANAGEMENT   FOR CERTAIN CHILDREN. (a) The department shall develop and   implement in one child protective services region of the state a   pilot program under which the commission contracts with a nonprofit   entity that has an organizational mission focused on child welfare   to serve as a single service provider to provide integrated case   management services for children in foster care in that region who   have the most severe medical and behavioral health care needs. The   contract must require the single service provider to coordinate the   activities of all other providers of medical, placement, and   behavioral health case management services for a child described by   this subsection to ensure that all services are used effectively   without duplication for the purpose of achieving a quality outcome.          (b)  The executive commissioner shall set a payment rate for   the contracted single service provider that is separate from   standard foster care payment amounts provided under this chapter.           (c)  The contract with the single service provider must   include performance-based provisions that require the provider to   achieve the following outcomes:                (1)  an increase in child safety, placement stability,   and permanency;                (2)  a decrease in placements at residential treatment   centers and in length of stay for a child placed at a residential   treatment center; and                (3)  a decrease in inpatient psychiatric placements and   in length of stay for a child receiving inpatient psychiatric   treatment.           (d)  Not later than December 31, 2018, the department shall   report to the appropriate standing committees of the legislature   having jurisdiction over child protective services and foster care   matters on the progress of the pilot program.  The report must   include:                (1)  an evaluation of the single service provider's   success in achieving the outcomes described by Subsection (c); and                (2)  a recommendation as to whether the pilot program   should be continued, expanded, or terminated.          (e)  This section expires December 31, 2019.          Sec. 264.129.  SINGLE CHILD PLAN OF SERVICE INITIATIVE. (a)   In this section, "foster care redesign" has the meaning assigned by   Section 264.151.          (b)  In regions of the state where foster care redesign has   not been implemented, the department shall:                (1)  collaborate with child-placing agencies to   implement the single child plan of service model developed under   the single child plan of service initiative; and                (2)  ensure that a single child plan of service is   developed for each child in foster care in those regions.          (b)  Notwithstanding Section 264.129(b), Family Code, as   added by this section, the Department of Family and Protective   Services shall develop and implement a single child plan of service   for each child in foster care in a region of the state described by   that section not later than December 1, 2017.          SECTION 4.  (a)  Chapter 264, Family Code, is amended by   adding Subchapter B-1 to read as follows:   SUBCHAPTER B-1.  FOSTER CARE REDESIGN          Sec. 264.151.  DEFINITIONS. In this subchapter:                (1)  "Catchment area" means a geographic service area   for providing child protective services that is identified as part   of foster care redesign.                (2)  "Foster care redesign" means the foster care   redesign required by Chapter 598 (S.B. 218), Acts of the 82nd   Legislature, Regular Session, 2011.          Sec. 264.153.  READINESS REVIEW PROCESS FOR FOSTER CARE   REDESIGN CONTRACTOR. (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, including the   contractor's ability to provide:                (1)  high-quality case management services;                (2)  evidence-based or promising practice services and   supports for children and families; and                (3)  sufficient available capacity for inpatient and   outpatient services and supports for children.          (b)  The department must develop the review process under   Subsection (a) before the department may expand foster care   redesign outside of the initial catchment areas where foster care   redesign has been implemented.          (c)  If after conducting the review process developed under   Subsection (a) the department determines that a single source   continuum contractor is able to adequately deliver foster care   services in advance of the projected readiness date stated in the   foster care redesign timeline developed under Section   264.152(a)(2), the department may adjust the timeline to allow for   an earlier transition of service delivery to the contractor.          Sec. 264.154.  QUALIFICATIONS OF SINGLE SOURCE CONTINUUM   CONTRACTOR. To be eligible to enter into a contract with the   commission to serve as a single source continuum contractor to   provide foster care service delivery, an entity must be a nonprofit   entity that has an organizational mission focused on child welfare.          Sec. 264.155.  TRANSFER OF CASE MANAGEMENT SERVICES TO   SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment   area where foster care redesign has been implemented, the   department shall transfer to the single source continuum contractor   providing foster care services in that area:                (1)  the case management of children and families   receiving services from that contractor; and                (2)  family reunification support services to be   provided for six months after a child receiving services from the   contractor is returned to the child's family.          (b)  The commission shall include a provision in a contract   with a single source continuum contractor to provide foster care   services in a catchment area to which foster care redesign is   expanded after September 1, 2017, that requires the transfer to the   contractor of the provision of:                (1)  high-quality case management services for   children and families receiving services from the contractor in the   catchment area where the contractor will be operating; and                (2)  family reunification support services to be   provided for six months after a child receiving services from the   contractor is returned to the child's family.          Sec. 264.156.  PILOT PROGRAM FOR FAMILY-BASED SAFETY   SERVICES AND CASE MANAGEMENT.  (a)  The department shall develop and   implement in two child protective services regions of the state a   pilot program under which the commission contracts with a single   nonprofit entity that has an organizational mission focused on   child welfare in each region to provide family-based safety   services and case management for children and families receiving   family-based safety services.  The contract must include a   transition plan for the provision of services that ensures the   continuity of services for children and families in the selected   regions.          (b)  The contract with an entity must include   performance-based provisions that require the entity to achieve the   following outcomes for families receiving services from the entity:                (1)  a decrease in recidivism; and                (2)  an increase in home safety factors.          (c)  The commission may only contract for implementation of   the pilot program with entities that the department considers to   have the capacity to provide, either directly or through   subcontractors, an array of evidence-based services and support   programs to children and families in the selected child protective   services regions.          (d)  Not later than December 31, 2018, the department shall   report to the appropriate standing committees of the legislature   having jurisdiction over child protective services and foster care   matters on the progress of the pilot program. The report must   include:                (1)  an evaluation of each contracted entity's success   in achieving the outcomes described by Subsection (b); and                (2)  a recommendation as to whether the pilot program   should be continued, expanded, or terminated.          (e)  This section expires December 31, 2019.          (b)  Section 264.126, Family Code, is transferred to   Subchapter B-1, Chapter 264, Family Code, as added by this section,   redesignated as Section 264.152, Family Code, and amended to read   as follows:          Sec. 264.152  [264.126].  REDESIGN IMPLEMENTATION PLAN.   (a) The department shall develop and maintain a plan for   implementing [the] foster care redesign [required by Chapter 598   (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011].   The plan must:                (1)  describe the department's expectations, goals, and   approach to implementing foster care redesign;                (2)  include a timeline for implementing the foster   care redesign throughout this state, any limitations related to the   implementation, and a progressive intervention plan and a   contingency plan to provide continuity of foster care service   delivery if a contract with a single source continuum contractor   ends prematurely;                (3)  delineate and define the case management roles and   responsibilities of the department and the department's   contractors and the duties, employees, and related funding that   will be transferred to the contractor by the department;                (4)  identify any training needs and include long-range   and continuous plans for training and cross-training staff;                (5)  include a plan for evaluating the costs and tasks   associated with each contract procurement, including the initial   and ongoing contract costs for the department and contractor;                (6)  include the department's contract monitoring   approach and a plan for evaluating the performance of each   contractor and the foster care redesign system as a whole that   includes an independent evaluation of processes and outcomes; and                (7)  include a report on transition issues resulting   from implementation of the foster care redesign.          (b)  The department shall annually:                (1)  update the implementation plan developed under   this section and post the updated plan on the department's Internet   website; and                (2)  post on the department's Internet website the   progress the department has made toward its goals for implementing   the foster care redesign.          (c)  Section 264.154, Family Code, as added by this section,   applies only to a contract entered into with a single source   continuum contractor on or after the effective date of this   section.          SECTION 5.  Subchapter A, Chapter 265, Family Code, is   amended by adding Sections 265.0041 and 265.0042 to read as   follows:          Sec. 265.0041.  GEOGRAPHIC RISK MAPPING FOR PREVENTION AND   EARLY INTERVENTION SERVICES. (a)  The department shall use   existing risk terrain modeling systems, predictive analytics, or   geographic risk assessments to:                (1)  identify geographic areas that have high risk   indicators of child maltreatment and child fatalities resulting   from abuse or neglect; and                (2)  target the implementation and use of prevention   and early intervention services to those geographic areas.          (b)  The department may not use data gathered under this   section to identify a specific family or individual.          Sec. 265.0042.  COLLABORATION WITH INSTITUTIONS OF HIGHER   EDUCATION. (a)  The Health and Human Services Commission, on behalf   of the department, shall enter into agreements with institutions of   higher education to conduct efficacy reviews of any prevention and   early intervention programs that have not previously been evaluated   for effectiveness through a scientific research evaluation   process.          (b)  The department shall collaborate with an institution of   higher education to create and track indicators of child well-being   to determine the effectiveness of prevention and early intervention   services.          SECTION 6.  Section 265.005(b), Family Code, is amended to   read as follows:          (b)  A strategic plan required under this section must:                (1)  identify methods to leverage other sources of   funding or provide support for existing community-based prevention   efforts;                (2)  include a needs assessment that identifies   programs to best target the needs of the highest risk populations   and geographic areas;                (3)  identify the goals and priorities for the   department's overall prevention efforts;                (4)  report the results of previous prevention efforts   using available information in the plan;                (5)  identify additional methods of measuring program   effectiveness and results or outcomes;                (6)  identify methods to collaborate with other state   agencies on prevention efforts; [and]                (7)  identify specific strategies to implement the plan   and to develop measures for reporting on the overall progress   toward the plan's goals; and                (8)  identify specific strategies to increase local   capacity for the delivery of prevention and early intervention   services through collaboration with communities and stakeholders.          SECTION 7.  (a) Section 531.02013, Government Code, is   amended to read as follows:          Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN   AGENCIES.  The following functions are not subject to transfer   under Sections 531.0201 and 531.02011:                (1)  the functions of the Department of Family and   Protective Services, including the statewide intake of reports and   other information, related to the following:                      (A)  child protective services, including   services that are required by federal law to be provided by this   state's child welfare agency;                      (B)  adult protective services, other than   investigations of the alleged abuse, neglect, or exploitation of an   elderly person or person with a disability:                            (i)  in a facility operated, or in a facility   or by a person licensed, certified, or registered, by a state   agency; or                            (ii)  by a provider that has contracted to   provide home and community-based services; [and]                      (C)  prevention and early intervention services;   and                      (D)  investigations of alleged abuse or neglect   occurring at a child-care facility, including a residential   child-care facility, as those terms are defined by Section 42.002,   Human Resources Code; and                (2)  the public health functions of the Department of   State Health Services, including health care data collection and   maintenance of the Texas Health Care Information Collection   program.          (b)  Notwithstanding any provision of Subchapter A-1,   Chapter 531, Government Code, or any other law, the responsibility   for conducting investigations of reports of abuse or neglect   occurring at a child-care facility, including a residential   child-care facility, as those terms are defined by Section 42.002,   Human Resources Code, may not be transferred to the Health and Human   Services Commission and remains the responsibility of the   Department of Family and Protective Services.          (c)  As soon as possible after the effective date of this   section, the commissioner of the Department of Family and   Protective Services shall transfer the responsibility for   conducting investigations of reports of abuse or neglect occurring   at a child-care facility, including a residential child-care   facility, as those terms are defined by Section 42.002, Human   Resources Code, to the child protective services division of the   department. The commissioner shall transfer appropriate   investigators and staff as necessary to implement this section.          (d)  This section takes effect immediately if this Act   receives a vote of two-thirds of all the members of each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for this section to take   immediate effect, this section takes effect on the 91st day after   the last day of the legislative session.          SECTION 8.  (a) Subchapter A, Chapter 533, Government Code,   is amended by adding Section 533.0054 to read as follows:          Sec. 533.0054.  HEALTH SCREENING REQUIREMENTS FOR ENROLLEE   UNDER STAR HEALTH PROGRAM. (a) A managed care organization that   contracts with the commission to provide health care services to   recipients under the STAR Health program must ensure that at least   90 percent of the managed care organization's STAR Health program   enrollees receive a complete early and periodic screening,   diagnosis, and treatment checkup not later than the 30th day after   the date the enrollee is removed from the enrollee's home and placed   in the conservatorship of the Department of Family and Protective   Services.          (b)  The commission shall include a provision in a contract   with a managed care organization to provide health care services to   recipients under the STAR Health program specifying monetary   penalties for the organization's failure to comply with Subsection   (a). The penalties must be in amounts that are proportional to the   number of percentage points by which the organization fails to   comply with the percentage required by Subsection (a).          (b)  The Health and Human Services Commission shall, in a   contract for the provision of health care services under the STAR   Health program between the commission and a managed care   organization under Chapter 533, Government Code, that is entered   into or renewed on or after the effective date of this section,   require that the managed care organization comply with Section   533.0054, Government Code, as added by this section.          (c)  The Health and Human Services Commission shall seek to   amend contracts for the provision of health care services under the   STAR Health program entered into with managed care organizations   under Chapter 533, Government Code, before the effective date of   this section to require those managed care organizations to comply   with Section 533.0054, Government Code, as added by this section.   To the extent of a conflict between Section 533.0054, Government   Code, as added by this section, and a provision of a contract with a   managed care organization entered into before the effective date of   this section, the contract provision prevails.          (d)  The Health and Human Services Commission may not impose   a monetary penalty for noncompliance with a contract provision   described by Section 533.0054(b), Government Code, as added by this   section, until September 1, 2018.          (e)  If before implementing Section 533.0054, Government   Code, as added by this section, the Health and Human Services   Commission determines that a waiver or authorization from a federal   agency is necessary for implementation of that provision, the   agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 9.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Sections 40.039 and 40.040 to read as follows:          Sec. 40.039.  REVIEW OF RECORDS RETENTION POLICY. The   department shall periodically review the department's records   retention policy with respect to case and intake records relating   to department functions.  The department shall make changes to the   policy consistent with the records retention schedule submitted   under Section 441.185, Government Code, that are necessary to   improve case prioritization and the routing of cases to the   appropriate division of the department.          Sec. 40.040.  FOSTER CARE SERVICES VENDOR QUALITY OVERSIGHT   AND ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE. (a) In   this section, "foster care redesign" has the meaning assigned by   Section 264.151, Family Code.          (b)  The department shall create within the department the   foster care services vendor quality oversight and assurance   division. The division shall:                (1)  oversee quality and ensure accountability of any   vendor that provides foster care and full case management services   for the department under foster care redesign; and                (2)  monitor the transfer from the department to a   vendor of full case management services for children and families   receiving services from the vendor, including any transfer   occurring under a pilot program.          (c)  The commission shall contract with an independent   verification and validation vendor to develop, in coordination with   the department, standards for the continuous monitoring of the   adherence of a vendor providing foster care services under foster   care redesign to the terms of the contract entered into by the   vendor and the commission.  The standards must include performance   benchmarks relating to the provision of case management services in   the catchment area where the vendor operates.          SECTION 10.  (a) Section 40.058(f), Human Resources Code,   is amended to read as follows:          (f)  A contract for residential child-care services provided   by a general residential operation or by a child-placing agency   must include provisions that:                (1)  enable the department and commission to monitor   the effectiveness of the services;                (2)  specify performance outcomes, financial penalties   for failing to meet any specified performance outcomes, and   financial incentives for exceeding any specified performance   outcomes;                (3)  authorize the department or commission to   terminate the contract or impose monetary sanctions for a violation   of a provision of the contract that specifies performance criteria   or for underperformance in meeting any specified performance   outcomes;                (4)  authorize the department or commission, an agent   of the department or commission, and the state auditor to inspect   all books, records, and files maintained by a contractor relating   to the contract; and                (5)  are necessary, as determined by the department or   commission, to ensure accountability for the delivery of services   and for the expenditure of public funds.          (b)  The Health and Human Services Commission shall, in a   contract for residential child-care services between the   commission and a general residential operation or child-placing   agency that is entered into on or after the effective date of this   section, including a renewal contract, include the provisions   required by Section 40.058(f), Human Resources Code, as amended by   this section.          (c)  The Health and Human Services Commission shall seek to   amend contracts for residential child-care services entered into   with general residential operations or child-placing agencies   before the effective date of this section to include the provisions   required by Section 40.058(f), Human Resources Code, as amended by   this section.          (d)  The Department of Family and Protective Services and the   Health and Human Services Commission may not impose a financial   penalty against a general residential operation or child-placing   agency under a contract provision described by Section   40.058(f)(2), Human Resources Code, as amended by this section,   until September 1, 2018.          SECTION 11.  (a) Subchapter C, Chapter 40, Human Resources   Code, is amended by adding Section 40.0581 to read as follows:          Sec. 40.0581.  PERFORMANCE MEASURES FOR CERTAIN SERVICE   PROVIDER CONTRACTS. (a) The commission shall contract with a   vendor or enter into an agreement with an institution of higher   education to develop, in coordination with the department,   performance quality metrics for family-based safety services and   post-adoption support services providers. The quality metrics must   be included in each contract with those providers.          (b)  Each provider whose contract with the commission to   provide department services includes the quality metrics developed   under Subsection (a) must prepare and submit to the department a   report each calendar quarter regarding the provider's performance   based on the quality metrics.          (c)  The department shall distribute each report prepared by   a family-based safety services provider as required by Subsection   (b) to appropriate family-based safety services caseworkers and   child protective services region management.          (d)  The department shall distribute each report prepared by   a post-adoption support services provider as required by Subsection   (b) to appropriate conservatorship and adoption caseworkers and   child protective services region management.          (e)  This section does not apply to a provider that has   entered into a contract with the commission to provide family-based   safety services under Section 264.156, Family Code.  This   subsection expires on the date Section 264.156, Family Code,   expires.          (b)  The quality metrics required by Section 40.0581, Human   Resources Code, as added by this section, must be developed not   later than September 1, 2018, and included in any contract,   including a renewal contract, entered into by the Health and Human   Services Commission with a family-based safety services provider or   a post-adoption support services provider on or after January 1,   2019, except as provided by Section 40.0581(e), Human Resources   Code, as added by this section.          SECTION 12.  (a)  Subchapter C, Chapter 42, Human Resources   Code, is amended by adding Section 42.0432 to read as follows:          Sec. 42.0432.  HEALTH SCREENING REQUIREMENTS FOR CHILD   PLACED WITH CHILD-PLACING AGENCY. (a) A child-placing agency that   contracts with the department to provide services must ensure that   at least 90 percent of the children that are in the managing   conservatorship of the department and are placed with the   child-placing agency receive a complete early and periodic   screening, diagnosis, and treatment checkup not later than the 30th   day after the date the child is placed with the child-placing   agency.          (b)  The commission shall include a provision in a contract   with a child-placing agency specifying monetary penalties for the   child-placing agency's failure to comply with Subsection (a). The   penalties must be in amounts that are proportional to the number of   percentage points by which the child-placing agency fails to comply   with the percentage required by Subsection (a).          (b)  A child-placing agency that contracts to provide   services for the Department of Family and Protective Services must   comply with the requirements of Section 42.0432, Human Resources   Code, as added by this section, not later than August 31, 2018. The   department and the Health and Human Services Commission may not   impose a monetary penalty for noncompliance with a contract   provision described by that section until September 1, 2018.          SECTION 13.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2017.