85R25382 MK-D     By: Schwertner, et al. S.B. No. 11     (Frank)     Substitute the following for S.B. No. 11:  No.       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 services, and prevention and early   intervention services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 71.004, Family Code, is amended to read   as follows:          Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:                (1)  an act by a member of a family or household against   another member of the family or household that is intended to result   in physical harm, bodily injury, assault, or sexual assault or that   is a threat that reasonably places the member in fear of imminent   physical harm, bodily injury, assault, or sexual assault, but does   not include defensive measures to protect oneself;                (2)  abuse, as that term is defined by Sections   261.001(1)(C), (E), (G), (H), (I), (J), [and] (K), and (M), by a   member of a family or household toward a child of the family or   household; or                (3)  dating violence, as that term is defined by   Section 71.0021.          SECTION 2.  Section 162.005, Family Code, is amended by   adding Subsection (c) to read as follows:          (c)  The department shall ensure that each licensed   child-placing agency, single source continuum contractor, or other   person placing a child for adoption receives a copy of any portion   of the report prepared by the department.          SECTION 3.  Section 162.0062, Family Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  If a child is placed with a prospective adoptive   parent prior to adoption, the prospective adoptive parent is   entitled to examine any record or other information relating to the   child's health history, including the portion of the report   prepared under Section 162.005 for the child that relates to the   child's health.  The department, licensed child-placing agency,   single source continuum contractor, or other person placing a child   for adoption shall inform the prospective adoptive parent of the   prospective adoptive parent's right to examine the records and   other information relating to the child's health history.  The   department, licensed child-placing agency, single source continuum   contractor, or other person placing the child for adoption shall   edit the records and information to protect the identity of the   biological parents and any other person whose identity is   confidential.          SECTION 4.  Section 162.007, Family Code, is amended by   amending Subsection (a) and adding Subsection (g) to read as   follows:          (a)  The health history of the child must include information   about:                (1)  the child's health status at the time of placement;                (2)  the child's birth, neonatal, and other medical,   psychological, psychiatric, and dental history information,   including to the extent known by the department:                      (A)  whether the child's birth mother consumed   alcohol during pregnancy; and                      (B)  whether the child has been diagnosed with   fetal alcohol spectrum disorder;                (3)  a record of immunizations for the child; and                (4)  the available results of medical, psychological,   psychiatric, and dental examinations of the child.          (g)  In this section, "fetal alcohol spectrum disorder"   means any of a group of conditions that can occur in a person whose   mother consumed alcohol during pregnancy.          SECTION 5.  Section 261.001, Family Code, is amended by   amending Subdivisions (1), (4), and (5) and adding Subdivision (3)   to read as follows:                (1)  "Abuse" includes the following acts or omissions   by a person:                      (A)  mental or emotional injury to a child that   results in an observable and material impairment in the child's   growth, development, or psychological functioning;                      (B)  causing or permitting the child to be in a   situation in which the child sustains a mental or emotional injury   that results in an observable and material impairment in the   child's growth, development, or psychological functioning;                      (C)  physical injury that results in substantial   harm to the child, or the genuine threat of substantial harm from   physical injury to the child, including an injury that is at   variance with the history or explanation given and excluding an   accident or reasonable discipline by a parent, guardian, or   managing or possessory conservator that does not expose the child   to a substantial risk of harm;                      (D)  failure to make a reasonable effort to   prevent an action by another person that results in physical injury   that results in substantial harm to the child;                      (E)  sexual conduct harmful to a child's mental,   emotional, or physical welfare, including conduct that constitutes   the offense of continuous sexual abuse of young child or children   under Section 21.02, Penal Code, indecency with a child under   Section 21.11, Penal Code, sexual assault under Section 22.011,   Penal Code, or aggravated sexual assault under Section 22.021,   Penal Code;                      (F)  failure to make a reasonable effort to   prevent sexual conduct harmful to a child;                      (G)  compelling or encouraging the child to engage   in sexual conduct as defined by Section 43.01, Penal Code,   including compelling or encouraging the child in a manner that   constitutes an offense of trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code, prostitution under Section   43.02(b), Penal Code, or compelling prostitution under Section   43.05(a)(2), Penal Code;                      (H)  causing, permitting, encouraging, engaging   in, or allowing the photographing, filming, or depicting of the   child if the person knew or should have known that the resulting   photograph, film, or depiction of the child is obscene as defined by   Section 43.21, Penal Code, or pornographic;                      (I)  the current use by a person of a controlled   substance as defined by Chapter 481, Health and Safety Code, in a   manner or to the extent that the use results in physical, mental, or   emotional injury to a child;                      (J)  causing, expressly permitting, or   encouraging a child to use a controlled substance as defined by   Chapter 481, Health and Safety Code;                      (K)  causing, permitting, encouraging, engaging   in, or allowing a sexual performance by a child as defined by   Section 43.25, Penal Code; [or]                      (L)  knowingly causing, permitting, encouraging,   engaging in, or allowing a child to be trafficked in a manner   punishable as an offense under Section 20A.02(a)(5), (6), (7), or   (8), Penal Code, or the failure to make a reasonable effort to   prevent a child from being trafficked in a manner punishable as an   offense under any of those sections; or                      (M)  forcing or coercing a child to enter into a   marriage.                (3)  "Exploitation" means the illegal or improper use   of a child or of the resources of a child for monetary or personal   benefit, profit, or gain by an employee, volunteer, or other   individual working under the auspices of a facility or program as   further described by rule or policy.                (4)  "Neglect":                      (A)  includes:                            (i)  the leaving of a child in a situation   where the child would be exposed to a substantial risk of physical   or mental harm, without arranging for necessary care for the child,   and the demonstration of an intent not to return by a parent,   guardian, or managing or possessory conservator of the child;                            (ii)  the following acts or omissions by a   person:                                  (a)  placing a child in or failing to   remove a child from a situation that a reasonable person would   realize requires judgment or actions beyond the child's level of   maturity, physical condition, or mental abilities and that results   in bodily injury or a substantial risk of immediate harm to the   child;                                  (b)  failing to seek, obtain, or follow   through with medical care for a child, with the failure resulting in   or presenting a substantial risk of death, disfigurement, or bodily   injury or with the failure resulting in an observable and material   impairment to the growth, development, or functioning of the child;                                  (c)  the failure to provide a child   with food, clothing, or shelter necessary to sustain the life or   health of the child, excluding failure caused primarily by   financial inability unless relief services had been offered and   refused;                                  (d)  placing a child in or failing to   remove the child from a situation in which the child would be   exposed to a substantial risk of sexual conduct harmful to the   child; or                                  (e)  placing a child in or failing to   remove the child from a situation in which the child would be   exposed to acts or omissions that constitute abuse under   Subdivision (1)(E), (F), (G), (H), or (K) committed against another   child; [or]                            (iii)  the failure by the person responsible   for a child's care, custody, or welfare to permit the child to   return to the child's home without arranging for the necessary care   for the child after the child has been absent from the home for any   reason, including having been in residential placement or having   run away; or                            (iv)  a negligent act or omission by an   employee, volunteer, or other individual working under the auspices   of a facility or program, including failure to comply with an   individual treatment plan, plan of care, or individualized service   plan, that causes or may cause substantial emotional harm or   physical injury to, or the death of, a child served by the facility   or program as further described by rule or policy; and                      (B)  does not include the refusal by a person   responsible for a child's care, custody, or welfare to permit the   child to remain in or return to the child's home resulting in the   placement of the child in the conservatorship of the department if:                            (i)  the child has a severe emotional   disturbance;                            (ii)  the person's refusal is based solely on   the person's inability to obtain mental health services necessary   to protect the safety and well-being of the child; and                            (iii)  the person has exhausted all   reasonable means available to the person to obtain the mental   health services described by Subparagraph (ii).                (5)  "Person responsible for a child's care, custody,   or welfare" means a person who traditionally is responsible for a   child's care, custody, or welfare, including:                      (A)  a parent, guardian, managing or possessory   conservator, or foster parent of the child;                      (B)  a member of the child's family or household   as defined by Chapter 71;                      (C)  a person with whom the child's parent   cohabits;                      (D)  school personnel or a volunteer at the   child's school; [or]                      (E)  personnel or a volunteer at a public or   private child-care facility that provides services for the child or   at a public or private residential institution or facility where   the child resides; or                      (F)  an employee, volunteer, or other person   working under the supervision of a licensed or unlicensed   child-care facility, including a family home, residential   child-care facility, employer-based day-care facility, or shelter   day-care facility, as those terms are defined in Chapter 42, Human   Resources Code.          SECTION 6.  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. (a)  The department shall collect and monitor   data regarding repeated reports of abuse or neglect:                (1)  involving the same child, including reports of   abuse or neglect of the child made while the child resided in other   households and reports of abuse or neglect of the child by different   alleged perpetrators made while the child resided in the same   household; or                (2)  by the same alleged perpetrator.          (a-1)  In monitoring reports of abuse or neglect under   Subsection (a), the department shall group together separate   reports involving differing children residing in the same   household.          (b)  The department shall consider any report collected   under Subsection (a) involving any child or adult who is a part of a   child's household when making case priority determinations or when   conducting service or safety planning for the child or the child's   family.          SECTION 7.  Section 261.101(b), Family Code, is amended to   read as follows:          (b)  If a professional has cause to believe that a child has   been abused or neglected or may be abused or neglected, or that a   child is a victim of an offense under Section 21.11, Penal Code, and   the professional has cause to believe that the child has been abused   as defined by Section 261.001 [or 261.401], the professional shall   make a report not later than the 48th hour after the hour the   professional first suspects that the child has been or may be abused   or neglected or is a victim of an offense under Section 21.11, Penal   Code.  A professional may not delegate to or rely on another person   to make the report.  In this subsection, "professional" means an   individual who is licensed or certified by the state or who is an   employee of a facility licensed, certified, or operated by the   state and who, in the normal course of official duties or duties for   which a license or certification is required, has direct contact   with children.  The term includes teachers, nurses, doctors,   day-care employees, employees of a clinic or health care facility   that provides reproductive services, juvenile probation officers,   and juvenile detention or correctional officers.          SECTION 8.  Section 263.401, Family Code, is amended to read   as follows:          Sec. 263.401.  DISMISSAL AFTER ONE YEAR; NEW TRIALS;   EXTENSION. (a)  Unless the court has commenced the trial on the   merits or granted an extension under Subsection (b) or (b-1), on the   first Monday after the first anniversary of the date the court   rendered a temporary order appointing the department as temporary   managing conservator, the court's jurisdiction over [court shall   dismiss] the suit affecting the parent-child relationship filed by   the department that requests termination of the parent-child   relationship or requests that the department be named conservator   of the child is terminated and the suit is automatically dismissed   without a court order.          (b)  Unless the court has commenced the trial on the merits,   the court may not retain the suit on the court's docket after the   time described by Subsection (a) unless the court finds that   extraordinary circumstances necessitate the child remaining in the   temporary managing conservatorship of the department and that   continuing the appointment of the department as temporary managing   conservator is in the best interest of the child. If the court   makes those findings, the court may retain the suit on the court's   docket for a period not to exceed 180 days after the time described   by Subsection (a). If the court retains the suit on the court's   docket, the court shall render an order in which the court:                (1)  schedules the new date on which the suit will be   automatically dismissed if the trial on the merits has not   commenced, which date must be not later than the 180th day after the   time described by Subsection (a);                (2)  makes further temporary orders for the safety and   welfare of the child as necessary to avoid further delay in   resolving the suit; and                (3)  sets the trial on the merits on a date not later   than the date specified under Subdivision (1).          (b-1)  If, after commencement of the initial trial on the   merits within the time required by Subsection (a) or (b), the court   grants a motion for a new trial or mistrial, or the case is remanded   to the court by an appellate court following an appeal of the   court's final order, the court shall retain the suit on the court's   docket and render an order in which the court:                (1)  schedules a new date on which the suit will be   automatically dismissed if the new trial has not commenced, which   must be a date not later than the 180th day after the date on which:                      (A)  the motion for a new trial or mistrial is   granted; or                      (B)  the appellate court remanded the case;                (2)  makes further temporary orders for the safety and   welfare of the child as necessary to avoid further delay in   resolving the suit; and                (3)  sets the new trial on the merits for a date not   later than the date specified under Subdivision (1).          (c)  If the court grants an extension under Subsection (b) or   (b-1) but does not commence the trial on the merits before the   dismissal date, the court's jurisdiction over [court shall dismiss]   the suit is terminated and the suit is automatically dismissed   without a court order. The court may not grant an additional   extension that extends the suit beyond the required date for   dismissal under Subsection (b) or (b-1), as applicable.          SECTION 9.  Section 264.018, Family Code, is amended by   adding Subsections (d-1) and (d-2) to read as follows:          (d-1)  Except as provided by Subsection (d-2), as soon as   possible but not later than 24 hours after a change in placement of   a child in the conservatorship of the department, the department   shall give notice of the placement change to the managed care   organization that contracts with the commission to provide health   care services to the child under the STAR Health program.  The   managed care organization shall give notice of the placement change   to the primary care physician listed in the child's health passport   before the end of the second business day after the day the   organization receives the notification from the department.          (d-2)  In this subsection, "catchment area" has the meaning   assigned by Section 264.152.  In a catchment area in which   community-based foster care has been implemented, the single source   continuum contractor that has contracted with the commission to   provide foster care services in that catchment area shall, as soon   as possible but not later than 24 hours after a change in placement   of a child in the conservatorship of the department, give notice of   the placement change to the managed care organization that   contracts with the commission to provide health care services to   the child under the STAR Health program.  The managed care   organization shall give notice of the placement change to the   child's primary care physician in accordance with Subsection (d-1).          SECTION 10.  (a)  Subchapter B, Chapter 264, Family Code, is   amended by adding Section 264.1076 to read as follows:          Sec. 264.1076.  MEDICAL EXAMINATION REQUIRED. (a)  This   section applies only to a child who has been taken into the   conservatorship of the department and remains in the   conservatorship of the department for more than three business   days.          (b)  The department shall ensure that each child described by   Subsection (a) is examined and receives a mental health screening   conducted by a physician or other health care provider authorized   under state law to conduct medical examinations not later than the   end of:                (1)  the third business day after the date the child   enters the conservatorship of the department; or                (2)  the fifth business day after the date the child   enters the conservatorship of the department, if the child is   located in a rural area, as that term is defined by Section 845.002,   Insurance Code.          (c)  Whenever possible, the department shall schedule the   medical examination and mental health screening for a child before   the last business day of the appropriate time frame provided under   Subsection (b).          (d)  The department shall collaborate with the commission   and relevant medical practitioners to develop guidelines for the   medical examination and mental health screening conducted under   this section, including guidelines on the components to be included   in the examination and the screening.          (e)  Not later than December 31, 2019, the department shall   submit a report to the standing committees of the house of   representatives and the senate with primary jurisdiction over child   protective services and foster care evaluating the statewide   implementation of the medical examination and mental health   screening required by this section.  The report must include the   level of compliance with the requirements of this section in each   region of the state.          (b)  Section 264.1076, Family Code, as added by this section,   applies only to a child who enters the conservatorship of the   Department of Family and Protective Services on or after the   effective date of this Act.  A child who enters the conservatorship   of the Department of Family and Protective Services before the   effective date of this Act is governed by the law in effect on the   date the child entered the conservatorship of the department, and   the former law is continued in effect for that purpose.          (c)  The Department of Family and Protective Services shall   implement Section 264.1076, Family Code, as added by this section,   not later than December 31, 2018.          SECTION 11.  Section 264.124, Family Code, is amended by   adding Subsection (e) to read as follows:          (e)  On receipt of the verification required under   Subsection (b), or as provided by Subsection (d), the department   shall provide monetary assistance to a foster parent for full-time   or part-time day-care services for a foster child. The department   may not deny monetary assistance to the foster parent as long as the   foster parent is employed on a full-time or part-time basis.          SECTION 12.  (a)  Subchapter B, Chapter 264, Family Code, is   amended by adding Sections 264.1261 and 264.128 to read as follows:          Sec. 264.1261.  FOSTER CARE CAPACITY NEEDS PLAN. (a)  In   this section, "community-based foster care" has the meaning   assigned by Section 264.152.          (b)  Appropriate department management personnel from a   child protective services region in which community-based foster   care has not been implemented, in collaboration with foster care   providers, faith-based 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.          (c)  A foster care capacity needs plan developed under   Subsection (b) must be:                (1)  submitted to and approved by the commissioner; 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.  SINGLE CHILD PLAN OF SERVICE INITIATIVE.   (a)  In this section, "community-based foster care" has the meaning   assigned by Section 264.152.          (b)  In regions of the state where community-based foster   care 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 264.128(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 September 1, 2017.          SECTION 13.  (a) Chapter 264, Family Code, is amended by   adding Subchapter B-1 to read as follows:   SUBCHAPTER B-1. COMMUNITY-BASED FOSTER CARE          Sec. 264.151.  LEGISLATIVE FINDINGS AND INTENT. (a) The   legislature finds that:                (1)  for more than 30 years, the child welfare system in   Texas has been centralized and managed by statutes and rules that   impose a uniform system on communities statewide and ignore the   fundamental differences between regions;                (2)  in order for the department to effectively provide   child welfare services, as required by state and federal law, the   department shall consider and implement fundamental structural   changes to the provision of child protective and welfare services;                (3)  child welfare services that are community-based   and family-centered, are monitored by community stakeholders, and   have effective accountability standards regarding performance   outcomes and practices have been found to lead to better outcomes   for children who are victims of abuse and neglect; and                (4)  community-based foster care would align outcomes   to assist the state in achieving the state's goal of substantial   gains regarding performance outcomes in child safety, permanency,   and well-being.          (b)  It is the intent of the legislature that the department   contract with community-based, nonprofit entities that have the   ability to provide child welfare services. The services provided   by the entities must include direct case management to ensure child   safety, permanency, and well-being, in accordance with state and   federal child welfare goals.          (c)  It is the intent of the legislature that the provision   of community-based foster care for children be implemented with   measurable goals relating to:                (1)  the safety of children in placements;                (2)  the placement of children in each child's home   community;                (3)  the provision of services to children in the least   restrictive environment possible and, if possible, in a family home   environment;                (4)  minimal placement changes for children;                (5)  the maintenance of contact between children and   their families and other important persons;                (6)  the placement of children with siblings;                (7)  the provision of services that respect each   child's culture;                (8)  the preparation of children and youth in foster   care for adulthood;                (9)  the provision of opportunities, experiences, and   activities for children and youth in foster care that are available   to children and youth who are not in foster care;                (10)  the participation by children and youth in making   decisions relating to their own lives;                (11)  the reunification of children with the biological   parents of the children when possible; and                (12)  the promotion of the placement of children with   relative or kinship caregivers if reunification is not possible.          Sec. 264.152.  DEFINITIONS. In this subchapter:                (1)  "Alternative caregiver" means a person who is not   the foster parent of the child and who provides temporary care for   the child for more than 12 hours but less than 60 days.                (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 the   child's family, relative or kinship caregivers, a young adult in   extended foster care, 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 the 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;                      (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.                (3)  "Catchment area" means a geographic service area   for providing child protective services that is identified as part   of the community-based foster care redesign.                (4)  "Community-based foster care" means the   redesigned foster care services system required by Chapter 598   (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011.          Sec. 264.154.  READINESS REVIEW PROCESS FOR COMMUNITY-BASED   FOSTER CARE 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)  placement services for children and families;                (2)  case management services for children and   families;                (3)  evidence-based, promising practice, or   evidence-informed supports for children and families; and                (4)  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.          (b)  As part of the readiness review process, the single   source continuum contractor must prepare a plan detailing the   methods by which the contractor will avoid or eliminate conflicts   of interest.  The department may not transfer services to the   contractor until the department has determined the plan is   adequate.          (c)  The department must develop the review process under   Subsection (a) before the department may expand community-based   foster care outside of the initial catchment areas where   community-based foster care has been implemented.          (d)  The department must conduct a readiness review for a   single source continuum contractor before the transfer of placement   services to the contractor and before the transfer of case   management services to the contractor. The department may not   transfer those services to a contractor unless the readiness review   demonstrates that the contractor is able to adequately deliver the   services.          Sec. 264.155.  EXPANSION OF COMMUNITY-BASED FOSTER CARE.   (a) Not later than December 31, 2019, the department shall:                (1)  identify not more than eight catchment areas in   the state that are best suited to implement community-based foster   care of which not more than two catchment areas may be identified as   best suited to implement the transfer of case management services   to a single source continuum contractor;                (2)  create an implementation plan for those catchment   areas that includes a timeline for implementation;                (3)  following the readiness review process under   Section 264.154 and subject to the availability of funds, implement   community-based foster care in those catchment areas; and                (4)  following the implementation of community-based   foster care services in those catchment areas, evaluate the   implementation process and single source continuum contractor   performance in each catchment area.          (b)  Following the selection of the catchment areas under   Subsection (a), the department shall annually, based on the   availability of funding:                (1)  provide a report to the legislature that details   the readiness of any remaining catchment areas in which   community-based foster care services have not been implemented; and                (2)  subject to the availability of funds, the   readiness of the catchment areas, and the feasibility of   implementing community-based foster care in those areas, begin   implementing community-based foster care in those areas in   accordance with the timeline developed for those areas under   Subsection (a)(2) and the readiness review process developed under   Section 264.154.          (c)  In expanding community-based foster care, the   department may change the geographic boundaries of catchment areas   as necessary to align with specific communities.          (d)  The department shall ensure the continuity of services   for children and families during the transition period to   community-based foster care in a catchment area.          (e)  In implementing community-based foster care in a   catchment area, the department may not transfer case management   services to a single source continuum contractor in that catchment   area until the department has successfully completed the transfer   of placement services to the contractor.          Sec. 264.156.  COMMUNITY ENGAGEMENT GROUP. (a) The   department shall create a community engagement group in each   catchment area to assist with the implementation of community-based   foster care. The department may create more than one community   engagement group in a catchment area, as appropriate. Membership   in a community engagement group may include:                (1)  representatives from:                      (A)  the department;                      (B)  the judiciary;                      (C)  school districts in the catchment area;                      (D)  law enforcement;                      (E)  the local mental health authority;                      (F)  the children's advocacy center, if   applicable;                      (G)  a child-placing agency; and                      (H)  child and family service providers,   including prevention service providers;                (2)  a court-appointed volunteer advocate, if   available;                (3)  a parent or a person who specializes in parental   rights, including a family law attorney; and                (4)  community leaders from the catchment area,   including leaders from local political subdivisions.          (b)  The department shall adopt rules governing community   engagement groups and the maximum number of members in a group.          (c)  Established stakeholder organizations in a catchment   area, including child welfare boards, may request to be designated   by the department as the community engagement group for that   catchment area.          (d)  The community engagement group shall:                (1)  provide feedback to the department on the   implementation of community-based foster care in the catchment area   and the ongoing operation of community-based foster care in the   catchment area;                (2)  identify and report problems arising from the   implementation process to the department;                (3)  identify, develop, promote, or facilitate the use   of local resources, including prevention and early intervention   resources, to supplement community-based foster care services; and                (4)  serve as a facilitator for integrating the   voluntary participation of local organizations that provide family   and child welfare services into community-based foster care.          (e)  Chapter 551, Government Code, applies to a community   engagement group.          Sec. 264.157.  QUALIFICATIONS OF SINGLE SOURCE CONTINUUM   CONTRACTOR. To be eligible to enter into a contract with the   department to serve as a single source continuum contractor to   provide foster care service delivery, an entity must be a nonprofit   or governmental entity that:                (1)  is licensed as a service provider by the   department;                (2)  has an organizational mission and has demonstrated   experience in the delivery of services to children and families;   and                (3)  has the ability to provide all of the case   management and placement services and perform all of the duties of a   single source continuum contractor required under this subchapter   or that can provide a plan to gain that ability during the   implementation of community-based foster care in a catchment area.          Sec. 264.158.  REQUIRED CONTRACT PROVISIONS. A contract   with a single source continuum contractor to provide foster care   services in a catchment area must include provisions that:                (1)  specify performance outcomes and financial   incentives for exceeding any specified performance outcomes;                (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; and                (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.          Sec. 264.159.  DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.   (a) The department shall create a data access and standards   governance council to develop protocols for access by single source   continuum contractors to the department's data to allow the   contractors to perform case management functions.          (b)  The department shall develop rules and processes for the   operation of the council. Each single source continuum contractor   that has entered into a contract with the department to provide   services under this subchapter shall participate in the council.   The council may also include:                (1)  representatives of entities that manage court   proceedings;                (2)  the courts;                (3)  the department;                (4)  health care providers; and                (5)  any other entities the department considers   necessary.          (c)  The council shall:                (1)  develop protocols for the access, management,   security, and retention of case data that is shared between the   department and a single source continuum contractor;                (2)  approve any changes to protocols at the request of   a service provider or the department; and                (3)  conduct any other additional duties related to   data sharing protocols as considered necessary by the department.          (d)  The department may assign the duties of the council to   any existing office or division of the department with functions   similar to the duties of the council. Each single source continuum   contractor and any additional entities as described by Subsection   (b) shall participate in the development of protocols and any other   duties assigned under this subsection.          Sec. 264.160.  TRANSFER OF CASE MANAGEMENT SERVICES TO   SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment   area where community-based foster care has been implemented or a   contract with a single source continuum contractor has been   executed before June 1, 2017, the department shall transfer to the   single source continuum contractor providing 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 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 department shall collaborate with a single source   continuum contractor to establish an initial case transfer planning   team to:                (1)  address any necessary data transfer;                (2)  establish file transfer procedures; and                (3)  notify relevant persons regarding the transfer of   services to the contractor.          Sec. 264.161.  LIABILITY INSURANCE REQUIREMENTS. A single   source continuum contractor and any subcontractor of the single   source continuum contractor providing community-based foster care   services shall maintain minimum insurance coverage, as required in   the contract with the department, to minimize the risk of   insolvency and protect against damages.  The executive commissioner   may adopt rules to implement this section.          Sec. 264.162.  REVIEW OF CONTRACTOR PERFORMANCE. (a) The   department shall develop a formal review process to evaluate a   single source continuum contractor's implementation of placement   services and case management services in a catchment area.           (b)  The department shall conduct the review for a single   source continuum contractor after the contractor completes the   implementation of placement services in a catchment area, and after   the contractor completes the implementation of case management   services in the catchment area.           Sec. 264.163.  NOTICE REQUIRED FOR EARLY TERMINATION OF   CONTRACT. (a) A single source continuum contractor may terminate a   contract entered into under this subchapter by providing notice to   the department of the contractor's intent to terminate the contract   not later than the 90th day before the date of the termination.          (b)  The department may terminate a contract entered into   with a single source continuum contractor under this subchapter by   providing notice to the contractor of the department's intent to   terminate the contract not later than the 30th day before the date   of termination.          Sec. 264.164.  CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT   TERMINATION. (a) In each catchment area in which community-based   foster care is implemented, the department shall create a   contingency plan to ensure the continuity of services for children   and families in the catchment area in the event of an early   termination of the contract with the single source continuum   contractor providing foster care services in that catchment area.          (b)  If a single source continuum contractor gives notice to   the department of an early contract termination, the department may   enter into a contract with a different contractor for the sole   purpose of assuming the contract that is being terminated.          Sec. 264.165.  REVIEW OF CONTRACTOR DECISIONS BY DEPARTMENT.   (a) Notwithstanding any other provision of this subchapter   governing the transfer of case management authority to a single   source continuum contractor, the department shall review a   contractor's decision with respect to a child's permanency goal.   The department must approve or disapprove a contractor's   recommended permanency goal for a child not later than 72 hours   after the department receives the recommendation from the   contractor.          (b)  Subsection (a) may not be construed to limit or restrict   the authority of the department to:                (1)  include necessary oversight measures and review   processes to maintain compliance with federal and state   requirements in a contract with a single source continuum   contractor; or                (2)  attend court proceedings related to a child in the   conservatorship of the department, including any hearings, trials,   or mediations.          (c)  The department shall develop an internal dispute   resolution process to decide disagreements between a single source   continuum contractor and the department.          Sec. 264.166.  STATUTORY DUTIES ASSUMED BY CONTRACTOR.   Except as provided by Section 264.167, a single source continuum   contractor providing foster care services in a catchment area must,   either directly or through subcontractors, assume the statutory   duties of the department in connection with the delivery of foster   care services in that catchment area.          Sec. 264.167.  CONTINUING DUTIES OF DEPARTMENT. In a   catchment area in which a single source continuum contractor is   providing family-based safety services, community-based foster   care services, or integrated care coordination, legal   representation of the department in an action under this code shall   be provided in accordance with Section 264.009.          Sec. 264.168.  CONFIDENTIALITY. (a)  The records of a single   source continuum contractor relating to the provision of   community-based foster care services in a catchment area are   subject to Chapter 552, Government Code, in the same manner as the   records of the department are subject to that chapter.          (b)  Subchapter C, Chapter 261, regarding the   confidentiality of certain case information, applies to the records   of a single source continuum contractor in relation to the   provision of services by the contractor.          Sec. 264.169.  ATTORNEY-CLIENT PRIVILEGE. An employee,   agent, or representative of a single source continuum contractor is   considered to be a client's representative of the department for   purposes of the privilege under Rule 503, Texas Rules of Evidence,   as that privilege applies to communications with a prosecuting   attorney or other attorney representing the department, or the   attorney's representatives, in a proceeding under this subtitle.          Sec. 264.170.  CHILD PROTECTIVE SERVICES LEGISLATIVE   OVERSIGHT COMMITTEE. (a) In this section, "committee" means the   Child Protective Services Legislative Oversight Committee   established under this section.          (b)  The Child Protective Services Legislative Oversight   Committee is created to facilitate the transfer of functions from   the department to single source continuum contractors under this   subchapter with minimal negative effect on the delivery of services   to which those functions relate.          (c)  The committee is composed of 11 voting members, as   follows:                (1)  four members of the senate, appointed by the   lieutenant governor;                (2)  four members of the house of representatives,   appointed by the speaker of the house of representatives; and                (3)  three members of the public, appointed by the   governor.          (d)  The commissioner of the department serves as an ex   officio, nonvoting member of the committee.          (e)  A member of the committee serves at the pleasure of the   appointing official.          (f)  The lieutenant governor and the speaker of the house of   representatives shall each designate a presiding co-chair from   among their respective appointments.          (g)  A member of the committee may not receive compensation   for serving on the committee but is entitled to reimbursement for   travel expenses incurred by the member while conducting the   business of the committee as provided by the General Appropriations   Act.          (h)  The committee shall:                (1)  facilitate the transfer of functions from the   department to single source continuum contractors with minimal   negative effect on the delivery of services to which those   functions relate;                (2)  with assistance from the department, advise the   commissioner of the department concerning:                      (A)  the functions to be transferred under this   subchapter and the funds and obligations that are related to the   functions;                      (B)  the transfer of the functions and related   records, funds, and obligations by the department that are required   by this subchapter; and                      (C)  the reorganization of the department's   administrative structure as required by the implementation of   community-based foster care under this subchapter and other   provisions enacted by the 85th Legislature that become law; and                (3)  meet at least semiannually at the call of either   chair, in addition to meeting at other times as determined   appropriate by either chair.          (i)  Chapter 551, Government Code, applies to the committee.          (j)  The committee shall submit a report to the governor,   lieutenant governor, speaker of the house of representatives, and   legislature not later than December 1 of each even-numbered year.   The report must include an update on the progress of and issues   related to:                (1)  the implementation of community-based foster   care, including the need for any additional statutory changes   required to ensure the achievement of the stated purposes of this   subchapter; and                (2)  the reorganization of the department's   administrative structure as necessary during the implementation of   community-based foster care under this subchapter and other   provisions enacted by the 85th Legislature that become law.          Sec. 264.171.  PILOT PROGRAM FOR FAMILY-BASED SAFETY   SERVICES.  (a)  In this section, "case management services" means   the direct delivery and coordination of a network of formal and   informal activities and services in a catchment area where the   department has entered into, or is in the process of entering into,   a contract with a single source continuum contractor to provide   family-based safety services and case management and includes:                (1)  caseworker visits with the child and all   caregivers;                (2)  family visits;                (3)  family group conferencing or family group   decision-making;                (4)  development of the family plan of service;                (5)  monitoring, developing, securing, and   coordinating services;                (6)  evaluating the progress of children, caregivers,   and families receiving services;                (7)  assuring that the rights of children, caregivers,   and families receiving services are protected;                (8)  duties relating to family-based safety services   ordered by a court, including:                      (A)  providing any required notifications or   consultations;                      (B)  preparing court reports;                      (C)  attending judicial hearings, trials, and   mediations;                      (D)  complying with applicable court orders; and                      (E)  ensuring the child is progressing toward the   goal of permanency within state and federally mandated guidelines;   and                (9)  any other function or service that the department   determines is necessary to allow a single source continuum   contractor to assume responsibility for case management.          (b)  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 or a   governmental entity 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.          (c)  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;                (2)  an increase in protective factors; and                (3)  any other performance-based outcome specified by   the department.          (d)  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, promising practice, or   evidence-informed services and support programs to children and   families in the selected child protective services regions.          (e)  The contracted entity must perform all statutory duties   of the department in connection with the delivery of the services   specified in Subsection (b).          (f)  The contracted entity must give preference for   employment to employees of the department:                (1)  whose position at the department is impacted by   the implementation of community-based foster care; and                (2)  who are considered by the department to be   employees in good standing.          (g)  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 (c); and                (2)  a recommendation as to whether the pilot program   should be continued, expanded, or terminated.          (b)  Section 264.126, Family Code, is transferred to   Subchapter B-1, Chapter 264, Family Code, as added by this section,   redesignated as Section 264.153, Family Code, and amended to read   as follows:          Sec. 264.153 [264.126].  COMMUNITY-BASED FOSTER CARE   [REDESIGN] IMPLEMENTATION PLAN. (a) The department shall develop   and maintain a plan for implementing community-based [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 community-based foster care [redesign];                (2)  include a timeline for implementing   community-based [the] foster care [redesign] throughout this   state, a timeline for the transfer of case management services, and   any limitations related to the implementation;                (3)  include [, 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;                (4)  include a provision establishing the required time   for a contractor to provide notice of contract termination;                (5) [(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;                (6) [(4)]  identify any training needs and include   long-range and continuous plans for training and cross-training   staff;                (7) [(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;                (8) [(6)]  include the department's contract   monitoring approach and a plan for evaluating the performance of   each contractor and the community-based foster care [redesign]   system as a whole that includes an independent evaluation of each   contractor's processes and fiscal and qualitative outcomes; and                (9) [(7)]  include a report on transition issues   resulting from implementation of community-based [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   community-based [the] foster care [redesign].          SECTION 14.  Subchapter A, Chapter 265, Family Code, is   amended by adding Section 265.0042 to read as follows:          Sec. 265.0042.  COLLABORATION WITH INSTITUTIONS OF HIGHER   EDUCATION. (a)  Subject to the availability of funds, 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)  Subject to the availability of funds, 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 15.  Section 266.012, Family Code, is amended by   adding Subsection (c) to read as follows:          (c)  A single source continuum contractor under Subchapter   B-1, Chapter 264, providing therapeutic foster care services to a   child shall ensure that the child receives a comprehensive   assessment under this section at least once every 90 days.          SECTION 16.  (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, neglect, or   exploitation occurring at a child-care facility, as that term is   defined in Section 40.042, 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, neglect, or   exploitation occurring at a child-care facility, as that term is   defined in Section 40.042, Human Resources Code, as added by this   Act, 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, neglect, or   exploitation occurring at a child-care facility, as that term is   defined in Section 40.042, Human Resources Code, as added by this   Act, 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 17.  (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 enrollees   receive a complete early and periodic screening, diagnosis, and   treatment checkup in accordance with the requirements specified in   the contract between the managed care organization and the   commission.          (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 progressive   monetary penalties for the organization's failure to comply with   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, renewed, or extended 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 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.          (d)  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 18.  (a)  Subchapter A, Chapter 533, Government   Code, is amended by adding Section 533.0056 to read as follows:          Sec. 533.0056.  STAR HEALTH PROGRAM:  NOTIFICATION OF   PLACEMENT CHANGE.  A contract between a managed care organization   and the commission for the organization to provide health care   services to recipients under the STAR Health program must require   the organization to ensure continuity of care for a child whose   placement has changed by:                (1)  notifying each specialist treating the child of   the placement change; and                (2)  coordinating the transition of care from the   child's previous treating primary care physician and treating   specialists to the child's new treating primary care physician and   treating specialists, if any.          (b)  The changes in law made by this section apply only to a   contract for the provision of health care services under the STAR   Health program between the Health and Human Services Commission and   a managed care organization under Chapter 533, Government Code,   that is entered into, renewed, or extended on or after the effective   date of this section.          (c)  If before implementing Section 533.0056, 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   health and human services 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 19.  Section 40.032, Human Resources Code, is   amended by adding Subsection (h) to read as follows:          (h)  In this subsection, "community-based foster care" has   the meaning assigned by Section 264.152, Family Code.  The   department shall collaborate with single source continuum   contractors to ensure that employees of the department who perform   case management functions are given preference for employment by   service providers under the community-based foster care service   system.          SECTION 20.  (a)  Subchapter B, Chapter 40, Human Resources   Code, is amended by adding Sections 40.039, 40.040, 40.041, and   40.042 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.  The department may adopt   rules necessary to implement this section.          Sec. 40.040.  FOSTER CARE SERVICES CONTRACT COMPLIANCE,   OVERSIGHT, AND QUALITY ASSURANCE DIVISION. (a) In this section,   "community-based foster care" has the meaning assigned by Section   264.152, Family Code.          (b)  The department shall create within the department the   foster care services contract compliance, oversight, and quality   assurance division. The division shall:                (1)  oversee contract compliance and achievement of   performance-based outcomes by any vendor that provides foster care   services for the department under community-based foster care;                (2)  conduct assessments on the fiscal and qualitative   performance of any vendor that provides foster care services for   the department under community-based foster care; and                (3)  create and administer a dispute resolution process   to resolve conflicts between vendors that contract with the   department to provide foster care services under community-based   foster care and any subcontractor of a vendor.          Sec. 40.041.  OFFICE OF DATA ANALYTICS. The department   shall create an office of data analytics.  The office shall report   to the deputy commissioner and may perform any of the following   functions, as determined by the department:                (1)  monitor management trends;                (2)  analyze employee exit surveys and interviews;                (3)  evaluate the effectiveness of employee retention   efforts, including merit pay;                (4)  create and manage a system for handling employee   complaints submitted by the employee outside of an employee's   direct chain of command, including anonymous complaints;                (5)  monitor and provide reports to department   management personnel on:                      (A)  employee complaint data and trends in   employee complaints;                      (B)  compliance with annual department   performance evaluation requirements; and                      (C)  the department's use of positive performance   levels for employees;                (6)  track employee tenure and internal employee   transfers within both the child protective services division and   the department;                (7)  use data analytics to predict workforce shortages   and identify areas of the department with high rates of employee   turnover, and develop a process to inform the deputy commissioner   and other appropriate staff regarding the office's findings;                (8)  create and monitor reports on key metrics of   agency performance;                (9)  analyze available data, including data on employee   training, for historical and predictive department trends; and                (10)  conduct any other data analysis the department   determines to be appropriate for improving performance, meeting the   department's current business needs, or fulfilling the powers and   duties of the department.          Sec. 40.042.  INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND   EXPLOITATION.  (a)  In this section, "child-care facility"   includes a facility, licensed or unlicensed child-care facility,   family home, residential child-care facility, employer-based   day-care facility, or shelter day-care facility, as those terms are   defined in Chapter 42.          (b)  For all investigations of child abuse, neglect, or   exploitation conducted by the child protective services division of   the department, the department shall adopt the definitions of   abuse, neglect, and exploitation provided in Section 261.001,   Family Code.          (c)  The department shall establish standardized policies to   be used during investigations.          (d)  The commissioner shall establish units within the child   protective services division of the department to specialize in   investigating allegations of child abuse and neglect occurring at a   child-care facility.          (e)  The department may require that investigators who   specialize in allegations of child abuse and neglect occurring at   child-care facilities receive ongoing training on the minimum   licensing standards for any facilities that are applicable to the   investigator's specialization.          (f)  After an investigation of abuse, neglect, or   exploitation occurring at a child-care facility, the department   shall provide the state agency responsible for regulating the   facility with access to any information relating to the   department's investigation.  Providing access to confidential   information under this subsection does not constitute a waiver of   confidentiality.          (g)  The department may adopt rules to implement this   section.          (b)  As soon as possible after the effective date of this   Act, the commissioner of the Department of Family and Protective   Services shall establish the office of data analytics required by   Section 40.041, Human Resources Code, as added by this section.  The   commissioner and the executive commissioner of the Health and Human   Services Commission shall transfer appropriate staff as necessary   to conduct the duties of the office.          (c)  The Department of Family and Protective Services must   implement the standardized definitions and policies required under   Sections 40.042(b) and (c), Human Resources Code, as added by this   Act, not later than December 1, 2017.          SECTION 21.  Section 40.051, Human Resources Code, is   amended to read as follows:          Sec. 40.051.  STRATEGIC PLAN FOR DEPARTMENT. The department   shall develop a departmental strategic plan based on the goals and   priorities stated in the commission's coordinated strategic plan   for health and human services. The department shall also develop   its plan based on:                (1)  furthering the policy of family preservation;                (2)  the goal of ending the abuse and neglect of   children in the conservatorship of the department; and                (3)  the goal of increasing the capacity and   availability of foster, relative, and kinship placements in this   state.          SECTION 22.  (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)   or (3), Human Resources Code, as amended by this section, until   September 1, 2018.          SECTION 23.  (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, in collaboration with the   department, 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 commissioner shall compile a summary of all reports   prepared and submitted to the department by family-based safety   services providers as required by Subsection (b) and distribute the   summary to appropriate family-based safety services caseworkers   and child protective services region management once each calendar   quarter.          (d)  The commissioner shall compile a summary of all reports   prepared and submitted to the department by post-adoption support   services providers as required by Subsection (b) and distribute the   summary to appropriate conservatorship and adoption caseworkers   and child protective services region management.          (e)  The department shall make the summaries prepared under   Subsections (c) and (d) available to families that are receiving   family-based safety services and to adoptive families.          (f)  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 264.171, Family Code.          (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(f), Human Resources   Code, as added by this section.          SECTION 24.  Section 42.002(23), Human Resources Code, is   amended to read as follows:                (23)  "Other maltreatment" means:                      (A)  abuse, as defined by Section 261.001 [or   261.401], Family Code; or                      (B)  neglect, as defined by Section 261.001 [or   261.401], Family Code.          SECTION 25.  Section 42.042, Human Resources Code, is   amended by adding Subsections (s) and (t) to read as follows:          (s)  The department shall create and implement processes to   simplify and streamline the licensing and verification rules for   agency foster homes and child-placing agencies, including:                (1)  a process to allow provisional verification of a   foster home, based on the foster parent's partial completion of the   licensing requirements, as determined by the department; and                (2)  a process to streamline background checks for   potential foster care providers.          (t)  The department may waive certain minimum standards or   may permit a child-placing agency to waive certain verification   requirements for a foster home under this section.          SECTION 26.  (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 or   general residential operation that contracts with the department to   provide services must ensure that the children who are in the   managing conservatorship of the department and are placed with the   child-placing agency or general residential operation receive a   complete early and periodic screening, diagnosis, and treatment   checkup in accordance with the requirements specified in the   contract between the child-placing agency or general residential   operation and the department.          (b)  The commission shall include a provision in a contract   with a child-placing agency or general residential operation   specifying progressive monetary penalties for the child-placing   agency's or general residential operation's failure to comply with   Subsection (a).          (b)  A child-placing agency or general residential operation   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 27.  Section 42.044(c-1), Human Resources Code, is   amended to read as follows:          (c-1)  The department:                (1)  shall investigate a listed family home if the   department receives a complaint that:                      (A)  a child in the home has been abused or   neglected, as defined by Section 261.001 [261.401], Family Code; or                      (B)  otherwise alleges an immediate risk of danger   to the health or safety of a child being cared for in the home; and                (2)  may investigate a listed family home to ensure   that the home is providing care for compensation to not more than   three children, excluding children who are related to the   caretaker.          SECTION 28.  Section 261.401(a), Family Code, is repealed.          SECTION 29.  The changes in law made by this Act to Section   263.401, Family Code, apply only to a suit affecting the   parent-child relationship filed on or after the effective date of   this Act. A suit affecting the parent-child relationship filed   before the effective date of this Act is governed by the law in   effect on the date the suit was filed, and the former law is   continued in effect for that purpose.          SECTION 30.  Except as otherwise provided by this Act, the   changes in law made by this Act apply only to a contract for foster   care services entered into or renewed on or after the effective date   of this Act.          SECTION 31.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2017.