By: Schwertner, et al.  S.B. No. 11          (In the Senate - Filed December 7, 2016; January 24, 2017,   read first time and referred to Committee on Health & Human   Services; February 22, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   February 22, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 11 By:  Schwertner     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, relative and kinship caregiver support, and   prevention and early intervention services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.001(5), Family Code, is amended to   read as follows:                (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 2.  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 involving the   same child or by the same alleged perpetrator.  In monitoring   reports under this section, the department shall group together   separate reports involving different 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 3.  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 264.151.  In a catchment area in which   community-based 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 4.  (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 by a physician or other health care   provider authorized under state law to conduct medical examinations   not later than the end of the third business day after the date the   child enters the conservatorship of the department.          (c)  The department shall collaborate with the commission   and relevant medical practitioners to develop guidelines for the   medical examination conducted under this section, including   guidelines on the components to be included in the examination.          (d)  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 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 5.  (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 care" has the meaning assigned by   Section 264.151.          (b)  Appropriate department management personnel from a   child protective services region in which community-based 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 care" has the meaning   assigned by Section 264.151.          (b)  In regions of the state where community-based 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 6.  (a)  Chapter 264, Family Code, is amended by   adding Subchapter B-1 to read as follows:   SUBCHAPTER B-1.  COMMUNITY-BASED CARE          Sec. 264.151.  DEFINITIONS. Except as otherwise provided in   this subchapter:                (1)  "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 to the   child's family, a young adult in extended foster care, a relative or   kinship caregiver, 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 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.                (2)  "Catchment area" means a geographic service area   for providing child protective services that is identified as part   of community-based care.                (3)  "Community-based care" means the foster care   redesign required by Chapter 598 (S.B. 218), Acts of the 82nd   Legislature, Regular Session, 2011, as designed and implemented in   accordance with the plan required by Section 264.152.          Sec. 264.153.  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   or a governmental entity.          Sec. 264.154.  REQUIRED CONTRACT PROVISIONS. A contract   with a single source continuum contractor to provide   community-based care services in a catchment area must include   provisions that:                (1)  establish a timeline for the implementation of   community-based care in the catchment area, including a timeline   for:                      (A)  case management services for children,   families, and relative and kinship caregivers receiving services in   the catchment area; and                      (B)  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;                (2)  allow the department to conduct a performance   review of the contractor beginning 18 months after the contractor   has begun providing case management and family reunification   support services to all children and families in the catchment area   and determine if the contractor has achieved any performance   outcomes specified in the contract;                (3)  following the review under Subdivision (2), allow   the department to:                      (A)  impose financial penalties on the contractor   for failing to meet any specified performance outcomes; or                      (B)  award financial incentives to the contractor   for exceeding any specified performance outcomes;                (4)  require the contractor to give preference for   employment to employees of the department:                      (A)  whose position at the department is impacted   by the implementation of community-based care; and                      (B)  who are considered by the department to be   employees in good standing;                (5)  require the contractor to provide preliminary and   ongoing community engagement plans to ensure communication and   collaboration with local stakeholders in the catchment area,   including any of the following:                      (A)  community faith-based entities;                      (B)  the judiciary;                      (C)  court-appointed special advocates;                      (D)  child advocacy centers;                      (E)  service providers;                      (F)  foster families;                      (G)  biological parents;                      (H)  foster youth and former foster youth;                      (I)  relative or kinship caregivers;                      (J)  child welfare boards, if applicable;                      (K)  attorneys ad litem;                      (L)  attorneys that represent parents involved in   suits filed by the department; and                      (M)  any other stakeholders, as determined by the   contractor; and                (6)  require that the contractor comply with any   applicable court order issued by a court of competent jurisdiction   in the case of a child for whom the contractor has assumed case   management responsibilities or an order imposing a requirement on   the department that relates to functions assumed by the contractor.          Sec. 264.155.  READINESS REVIEW PROCESS FOR COMMUNITY-BASED   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 and services for   relative and kinship caregivers, including the contractor's   ability to provide:                (1)  case management services for children and   families;                (2)  evidence-based, promising practice, or   evidence-informed supports for children and families; and                (3)  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 and commission must develop the review   process under Subsection (a) before the department may expand   community-based care outside of the initial catchment areas where   community-based care has been implemented.          (d)  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 and services for relative and kinship caregivers in   advance of the projected dates stated in the timeline included in   the contract with the contractor, the department may adjust the   timeline to allow for an earlier transition of service delivery to   the contractor.          Sec. 264.156.  TRANSFER OF CASE MANAGEMENT SERVICES TO   SINGLE SOURCE CONTINUUM CONTRACTOR. (a)  In each initial catchment   area where community-based care has been implemented or a contract   with a single source continuum contractor has been executed before   September 1, 2017, the department shall transfer to the single   source continuum contractor providing foster care services in that   area:                (1)  the case management of children, relative and   kinship caregivers, 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 commission shall include a provision in a contract   with a single source continuum contractor to provide foster care   services and services for relative and kinship caregivers in a   catchment area to which community-based care is expanded after   September 1, 2017, that requires the transfer to the contractor of   the provision of:                (1)  the case management services for children,   relative and kinship caregivers, and families 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.          (c)  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. 264.157.  LIABILITY INSURANCE REQUIREMENTS. A single   source continuum contractor and any subcontractor of the single   source continuum contractor providing community-based 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. 264.158.  STATUTORY DUTIES ASSUMED BY CONTRACTOR.   Except as provided by Section 264.159, a single source continuum   contractor providing foster care services and services for relative   and kinship caregivers 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   and services for relative and kinship caregivers in that catchment   area.          Sec. 264.159.  CONTINUING DUTIES OF DEPARTMENT. In a   catchment area in which a single source continuum contractor is   providing family- or community-based 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. 264.160.  CONFIDENTIALITY. (a)  The records of a   single source continuum contractor relating to the provision of   community-based 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. 264.161.  NOTICE REQUIRED FOR EARLY TERMINATION OF   CONTRACT. A single source continuum contractor may terminate a   contract entered into under this subchapter by providing written   notice to the commission of the contractor's intent to terminate   the contract not later than the 90th day before the date of the   termination.          Sec. 264.162.  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. 264.163.  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 may review, approve, or   disapprove a contractor's decision with respect to a child's   permanency goal.          (b)  Subsection (a) may not be construed to limit or restrict   the authority of the department to include necessary oversight   measures and review processes to maintain compliance with federal   and state requirements in a contract with a single source continuum   contractor.          (c)  The department shall develop an internal dispute   resolution process to decide disagreements between a single source   continuum contractor and the department.          Sec. 264.164.  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)  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 264.152, Family Code, and amended to read   as follows:          Sec. 264.152 [264.126].  COMMUNITY-BASED 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, any limitations related to the implementation, and a   progressive intervention plan and a contingency plan to provide   continuity of the delivery of foster care services and services for   relative and kinship caregivers [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,   including plans to train caseworkers using the standardized   curriculum created by the human trafficking prevention task force   under Section 402.035(d)(6), Government Code, as that section   existed on August 31, 2017;                (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 community-based [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 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].          (c)  Section 264.153, 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 7.  Subchapter A, Chapter 265, Family Code, is   amended by adding Sections 265.0041, 265.0042, 265.0043, and   265.0044 to read as follows:          Sec. 265.0041.  GEOGRAPHIC RISK MAPPING FOR PREVENTION AND   EARLY INTERVENTION SERVICES. (a)  The department shall use risk   terrain modeling systems, predictive analytic systems, or   geographic risk assessments or shall develop a system or assessment   under Subsection (c) 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.          (c)  The Health and Human Services Commission, on behalf of   the department, may enter into agreements with institutions of   higher education to develop or adapt, in coordination with the   department, a risk terrain modeling system, a predictive analytic   system, or a geographic risk assessment to be used for purposes of   this section.          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.          Sec. 265.0043.  INTERAGENCY SHARING OF DATA FOR RISK TERRAIN   MODELING.  (a)  Notwithstanding any other provision of law, state   agencies, including the Texas Education Agency, the Texas Juvenile   Justice Department, and the Department of Public Safety, shall   disclose information related to child abuse or neglect only to the   prevention and early intervention services division of the   department for the purpose of implementing Section 265.0041.          (b)  The prevention and early intervention services division   may not disclose information received under this section to any   other state agency or division of the department.          Sec. 265.0044.  ETHICAL GUIDELINES.  The executive   commissioner of the Health and Human Services Commission shall   develop guidelines regarding:                (1)  the type of risk terrain modeling data to be   collected by the department and the acceptable uses of the data; and                (2)  the methods for sharing final geographic risk maps   with external prevention services providers.          SECTION 8.  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 9.  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 10.  (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 11.  (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 12.  (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 13.  (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.  CASE MANAGEMENT VENDOR QUALITY OVERSIGHT AND   ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE. (a)  In this   section, "case management," "catchment area," and "community-based   care" have the meanings assigned by Section 264.151, Family Code.          (b)  The department shall create within the department the   case management services vendor quality oversight and assurance   division. The division shall:                (1)  oversee quality and ensure accountability of any   vendor that provides community-based care and full case management   services for the department under community-based care; 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 outside vendor   with expertise in quality assurance to develop, in coordination   with the department, a contract monitoring system and standards for   the continuous monitoring of the adherence of a vendor providing   foster care services under community-based care 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.          (d)  The division shall collect and analyze data comparing   outcomes on performance measures between catchment areas where   community-based care has been implemented and regions where   community-based care has not been implemented.          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, Human Resources Code.          (b)  For all investigations of child abuse or neglect   conducted by the child protective services division of the   department, the department shall adopt the definitions of abuse and   neglect provided in Section 261.001, Family Code.          (c)  For all investigations of child exploitation conducted   by the child protective services division of the department, the   department shall adopt the definition of exploitation provided in   Section 261.401, Family Code.          (d)  The department shall establish standardized policies to   be used during investigations.          (e)  The commissioner may 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.          (f)  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.          (g)  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.          (h)  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), (c), and (d), Human Resources Code, as added by   this Act, not later than December 1, 2017.          SECTION 14.  (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 15.  (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 264.164, 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 16.  (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 that 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 17.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2017.     * * * * *