88R30308 AMF-F     By: Kolkhorst, et al. S.B. No. 1853     (Hull)     Substitute the following for S.B. No. 1853:  No.       A BILL TO BE ENTITLED   AN ACT   relating to certain procedures in a suit affecting the parent-child   relationship for a child placed in the conservatorship of the   Department of Family and Protective Services and the provision of   family preservation services and community-based foster care.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 262.401(3), Family Code, is amended to   read as follows:                (3)  "Family preservation service" means [a]   time-limited, family-focused services [service], including   services [a service] subject to the Family First Prevention   Services Act (Title VII, Div. E, Pub. L. No. 115-123), family-based   safety services, and services approved under the Title IV-E state   plan provided to the family of a child who is:                      (A)  a candidate for foster care to prevent or   eliminate the need to remove the child and to allow the child to   remain safely with the child's family; [or]                      (B)  a pregnant or parenting foster youth;                      (C)  a member of a household that is subject to an   order rendered under Section 264.203; or                      (D)  the subject of a monitored return under   Section 263.403.          SECTION 2.  The heading to Section 262.411, Family Code, is   amended to read as follows:          Sec. 262.411.  SELECTION OF SERVICE PROVIDER;   REIMBURSEMENT.          SECTION 3.  Section 262.411, Family Code, is amended by   amending Subsection (c) and adding Subsections (c-1) and (c-2) to   read as follows:          (c)  A [parent,] managing conservator, guardian, or other   member of a household who is not a parent and who obtains family   preservation services from a provider selected by the person is   responsible for the cost of those services.          (c-1)  The department shall reimburse a service provider   selected by the parent under Subsection (a) who is not under   contract with the department in an amount equal to the average cost   for the specific service, including any virtual services, from   department contractors providing the service in the region where   the parent resides.          (c-2)  The department shall:                (1)  adopt rules relating to the manner in which   providers are reimbursed for services provided under this section;                 (2)  implement this section using existing resources;   and                (3)  prioritize payments to providers of in-home   support services under Section 264.2011.          SECTION 4.  Subchapter A, Chapter 263, Family Code, is   amended by adding Section 263.0022 to read as follows:          Sec. 263.0022.  TEMPORARY EMERGENCY SUPERVISION. (a)  In   this section, "temporary emergency supervision" means the   supervision and care provided by the department for a child without   placement for whom the department has been appointed as the   temporary or permanent managing conservator.          (b)  The department may not advocate for and a court may not   render an order placing a child in temporary emergency supervision   if a safe and appropriate placement is available.          (c)  Before a court may order temporary emergency   supervision for a child, the department shall submit a report to the   court that includes information regarding each attempted   placement, including:                (1)  the type of placement;                (2)  the location of the placement;                (3)  the date the department contacted the placement;   and                (4)  the reason the department determined the placement   was not safe or appropriate.          SECTION 5.  Section 264.1261(b), Family Code, is amended to   read as follows:          (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 organizations [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.          SECTION 6.  Section 264.152, Family Code, is amended by   amending Subdivision (2) and adding Subdivisions (5) and (6) to   read as follows:                (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 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 or caregivers,   including:                            (i)  pre-adoption and post-adoption   assistance;                            (ii)  services for children in the   conservatorship of the department who must transition to   independent living; and                            (iii)  services related to family   reunification, including services to support a monitored return;                      (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.                (5)  "Faith-based organization" means a religious or   denominational institution or organization, including an   organization operated for religious, educational, or charitable   purposes and operated, supervised, or controlled, in whole or in   part, by or in connection with a religious organization.                (6)  "Family preservation service" means time-limited,   family-focused services, including services subject to the Family   First Prevention Services Act (Title VII, Div. E, Pub. L.   No. 115-123), family-based safety services, and services approved   under the Title IV-E state plan provided to the family of a child   who is:                      (A)  a candidate for foster care to prevent or   eliminate the need to remove the child and to allow the child to   remain safely with the child's family;                      (B)  a pregnant or parenting foster youth;                      (C)  a member of a household that is subject to an   order rendered under Section 264.203; or                      (D)  the subject of a monitored return under   Section 263.403.          SECTION 7.  The heading to Section 264.155, Family Code, is   amended to read as follows:          Sec. 264.155.  [REQUIRED] CONTRACT PROVISIONS.          SECTION 8.  Section 264.155, Family Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  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 implementing:                      (A)  family preservation services;                      (B)  case management services for children,   families, and relative and kinship caregivers receiving services in   the catchment area; and                      (C) [(B)]  family reunification support services   to be provided after a child receiving services from the contractor   is returned to the child's family;                (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;                (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;                (5)  require [allow] the department to conduct a   performance review of the contractor beginning 18 months after the   contractor has begun providing case management, family   preservation, 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, including:                      (A)  the percentage of children reunified with   their families within six months, 12 months, 18 months, and 24   months or later, after the date a suit is filed by the department;                      (B)  the percentage of children who reenter the   conservatorship of the department within six months, 12 months, or   three years after the date the child leaves the conservatorship of   the department, disaggregated by case outcome and reason for   reentry;                      (C)  the percentage of children who remain in the   conservatorship of the department until the age of majority,   including the percentage of children receiving extended foster care   services;                      (D)  the number of placement moves per 1,000 days   a child is in substitute care, disaggregated by placement type and   the number of days in each placement type;                      (E)  the percentage of families completing family   preservation services within three months, six months, nine months,   and 12 months, and after 12 months after the date a suit is filed by   the department, disaggregated by type of service;                      (F)  the percentage of children entering the   conservatorship of the department within six months, 12 months, and   24 months of the date the child's family begins receiving family   preservation services, including the reason the department was   granted conservatorship;                      (G)  the percentage of children entering the   conservatorship of the department within six months, 12 months, two   years, and four years of the date the child's family completes   family preservation services, including the reason the department   was granted conservatorship; and                      (H)  the percentage of children residing with one   parent, with both parents, or in a shared custody arrangement   between parents on completion of family preservation services;                (6)  following the review under Subdivision (5),   require [allow] the department to:                      (A)  impose financial penalties on the contractor   for failing to meet [any specified] performance outcomes under   Subdivision (5); and [or]                      (B)  award financial incentives to the contractor   for exceeding [any specified] performance outcomes under   Subdivision (5);                (7)  following the review under Subdivision (5),   transfer the provision of family preservation services to the   contractor;                (8)  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;                (9) [(8)]  require the contractor to implement    [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 organizations   [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                (10) [(9)]  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.          (a-1)  A contract with a single source continuum contractor   to provide community-based care services in a catchment area may   include provisions that require the contractor to develop a program   to recruit and retain foster parents from faith-based   organizations, including requirements for the contractor to:                (1)  collaborate with faith-based organizations to   inform prospective foster parents about:                      (A)  the need for foster parents in the community;                      (B)  the requirements for becoming a foster   parent; and                      (C)  any other aspect of the foster care program   that is necessary to recruit foster parents;                (2)  provide training for prospective foster parents;   and                (3)  identify and recommend ways in which faith-based   organizations may support persons as they are recruited, are   trained, and serve as foster parents.          SECTION 9.  Section 264.156(a), Family Code, is amended to   read as follows:          (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)  family preservation services;                (2)  case management services for children and   families;                (3) [(2)]  evidence-based, promising practice, or   evidence-informed supports for children and families; and                (4) [(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.          SECTION 10.  Sections 264.158(a) and (b), Family Code, are   amended to read as follows:          (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)  family preservation services;                (2)  the case management of children, relative and   kinship caregivers, and families receiving services from that   contractor; and                (3) [(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)  family preservation services;                (2)  the case management services for children,   relative and kinship caregivers, and families in the catchment area   where the contractor will be operating; and                (3) [(2)]  family reunification support services to be   provided after a child receiving services from the contractor is   returned to the child's family.          SECTION 11.  The heading to Section 264.2031, Family Code,   is amended to read as follows:          Sec. 264.2031.  SELECTION OF SERVICE PROVIDER;   REIMBURSEMENT.          SECTION 12.  Section 264.2031, Family Code, is amended by   amending Subsection (b) and adding Subsections (b-1) and (d) to   read as follows:          (b)  A [parent,] managing conservator, guardian, or other   member of a household who is not a parent and who obtains services   from a provider selected by the person is responsible for the cost   of those services.          (b-1)  The department shall reimburse a service provider   selected by the parent under Subsection (a) who is not under   contract with the department in an amount equal to the average cost   for the specific service, including any virtual services, from   department contractors providing the service in the region where   the parent resides.          (d)  The department shall:                (1)  adopt rules relating to the manner in which   providers are reimbursed for services provided under this section;                (2)  implement this section using existing resources;   and                (3)  prioritize payments to providers of in-home   support services under Section 264.2011.          SECTION 13.  Sections 264.113(a), (b), and (c), Family Code,   are repealed.          SECTION 14.  (a) Section 263.0022, Family Code, as added by   this Act, applies to a placement review hearing of a child   regardless of the date on which the Department of Family and   Protective Services is named the child's managing conservator.          (b)  Sections 264.152, 264.155, 264.156(a), and 264.158(a)   and (b), Family Code, as amended by this Act, apply only to a   contract with a single source continuum contractor entered into on   or after the effective date of this Act. A contract with a single   source continuum contractor entered into before the effective date   of this Act is governed by the law in effect on the date the contract   was entered into, and the former law is continued in effect for that   purpose.          SECTION 15.  This Act takes effect September 1, 2023.