88R27391 MLH-F     By: Kolkhorst, et al. S.B. No. 24     (Frank, Noble, Hull, et al.)     Substitute the following for S.B. No. 24:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of the Health and Human Services   Commission and the transfer to the commission of certain powers and   duties from the Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 9, Human Resources Code, is amended by   adding Chapter 137, and a heading is added to that chapter to read   as follows:   CHAPTER 137. FAMILY SUPPORT SERVICES          SECTION 2.  Subchapters A, B, and C, Chapter 265, Family   Code, are transferred to Chapter 137, Human Resources Code, as   added by this Act, redesignated as Subchapters A, B, and C, Chapter   137, Human Resources Code, respectively, and amended to read as   follows:   SUBCHAPTER A. FAMILY SUPPORT [PREVENTION AND EARLY INTERVENTION]   SERVICES          Sec. 137.001.  APPLICABILITY OF DEFINITIONS. The   definitions in Chapter 101, Family Code, apply to terms used in this   chapter.          Sec. 137.002 [265.001].  DEFINITIONS. In this chapter:                (1)  "At-risk family" means a family with at least one   child or a pregnant woman and at least one of the following:                      (A)  a child in the family has been the subject of   an investigation of abuse, neglect, or exploitation by the   Department of Family and Protective Services;                      (B)  the family or a pregnant woman in the family   is experiencing conditions that increase the likelihood of   involvement with the child welfare system, the criminal justice   system, or the juvenile justice system; or                      (C)  the family or a pregnant woman in the family   is experiencing other conditions that threaten the   self-sufficiency or stability of the family or the birth or health   of a baby ["Department" means the Department of Family and   Protective Services].                (2)  "Commission" means the Health and Human Services   Commission ["Division" means the prevention and early intervention   services division within the department].                (3)  "Executive commissioner" means the executive   commissioner of the commission.                (4)  "Family support ["Prevention and early   intervention] services" means programs intended to provide [early]   intervention and promote safety and stability for children and   at-risk families [or prevent at-risk behaviors that lead to child   abuse, delinquency, running away, truancy, and dropping out of   school].          Sec. 137.003 [265.002].  FAMILY SUPPORT [PREVENTION AND   EARLY INTERVENTION] SERVICES [DIVISION]. (a) The commission   [department] shall:                (1)  administer grants and contracts [operate a   division] to provide family support services to [for] children and   [in] at-risk [situations and for the] families;                (2)  [of those children and to achieve the   consolidation of prevention and early intervention services within   the jurisdiction of a single agency in order to avoid fragmentation   and duplication of services and to increase the accountability for   the delivery and administration of these services. The division   shall be called the prevention and early intervention services   division and shall have the following duties:                [(1)  to] plan, develop, and administer an integrated   continuum of care system of programs providing family support   services to at-risk families [a comprehensive and unified delivery   system of prevention and early intervention services to children   and their families in at-risk situations];                (3)  administer the referral, coordination, and   collaboration of family support services under this chapter with   similar, existing programs the commission operates;                (4)  [(2)  to] improve the responsiveness of family   support services provided to [for at-risk] children and at-risk   [their] families by facilitating greater coordination and   flexibility in the use of funds by state and local service   providers;                (5)  [(3)  to] provide greater accountability for   family support [prevention and early intervention] services in   order to demonstrate the impact or public benefit of a program by   adopting outcome measures; and                (6)  [(4)  to] assist local communities in the   coordination and development of family support [prevention and   early intervention] services in order to maximize federal, state,   and local resources.          (b)  Family support services under this chapter are intended   to:                (1)  promote healthy outcomes and strengthen support   systems for children and at-risk families;                (2)  assist at-risk families in achieving   self-sufficiency and stability;                (3)  promote workforce participation; and                (4)  prevent or reduce at-risk behaviors in children   and at-risk families, including behaviors that may lead to:                      (A)  child abuse or neglect;                      (B)  delinquency, running away, truancy, dropping   out of school, or substance use; or                      (C)  involvement with the child welfare system,   the juvenile justice system, or the criminal justice system [The   department's prevention and early intervention services division   must be organizationally separate from the department's divisions   performing child protective services and adult protective services   functions].          Sec. 137.004 [265.003].  COORDINATION [CONSOLIDATION] OF   PROGRAMS. [(a)] In order to implement the duties provided in   Section 137.003 [265.002], the commission [department] shall   identify and coordinate with other [consolidate into the division]   programs the commission operates with the goal of providing family   support services [early intervention or prevention of at-risk   behavior that leads to child abuse, delinquency, running away,   truancy, and dropping out of school].          [(b)  The division may provide additional prevention and   early intervention services in accordance with Section 265.002.          [Sec. 265.004.  USE OF EVIDENCE-BASED PROGRAMS FOR AT-RISK   FAMILIES. (a) To the extent that money is appropriated for the   purpose, the department shall fund evidence-based programs,   including parenting education, home visitation, family support   services, mentoring, positive youth development programs, and   crisis counseling, offered by community-based organizations that   are designed to prevent or ameliorate child abuse and neglect. The   programs funded under this subsection may be offered by a child   welfare board established under Section 264.005, a local   governmental board granted the powers and duties of a child welfare   board under state law, a children's advocacy center established   under Section 264.402, or other persons determined appropriate by   the department.          [(a-1)  The department shall ensure that not less than 75   percent of the money appropriated for parenting education programs   under Subsection (a) funds evidence-based programs or practices   described by Section 265.151(b) and that the remainder of that   money funds promising programs or practices described by Section   265.151(c) or evidence-informed programs or practices described by   Section 265.151(d).          [(a-2)  The department shall actively seek and apply for any   available federal funds to support parenting education programs   provided under this section.          [(b)  The department shall place priority on programs that   target children whose race or ethnicity is disproportionately   represented in the child protective services system.          [(c)  The department shall periodically evaluate the   evidence-based abuse and neglect prevention programs to determine   the continued effectiveness of the programs.          [Sec. 265.0041.  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. 137.005 [265.005].  STRATEGIC PLAN. (a) The   commission [department] shall develop and implement a five-year   strategic plan for family support [prevention and early   intervention] services. Not later than September 1 of the last   fiscal year in each five-year period, the commission [department]   shall issue a new strategic plan for the next five fiscal years   beginning with the following fiscal year.          (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 to provide family support services;                (2)  include a needs assessment that identifies   programs to best target family support services to the needs of   underserved [the highest risk] populations and geographic areas;                (3)  identify [the goals and] priorities and specific   commission actions to coordinate and provide family support   services to children and at-risk families [for the department's   overall prevention efforts];                (4)  identify and report on specific outcome   measurements by obtaining and reporting de-identified aggregate   data, as permitted by other law, on the number of program   participants who are:                      (A)  involved in the child welfare system, the   juvenile justice system, or the criminal justice system;                      (B)  recipients of other services the commission   offers; or                      (C)  listed in the central registry of the names   of individuals found to have abused or neglected a child maintained   under Section 261.002, Family Code [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 to provide family support   services;                (7)  identify specific strategies to implement the plan   and to develop measures for reporting on the overall progress   toward the plan's goals;                (8)  [identify strategies and goals for increasing the   number of families receiving prevention and early intervention   services each year, subject to the availability of funds, to reach   targets set by the department for providing services to families   that are eligible to receive services through parental education,   family support, and community-based programs financed with   federal, state, local, or private resources; and                [(9)]  identify specific strategies to increase local   capacity for the delivery of family support [prevention and early   intervention] services through collaboration with communities and   stakeholders; and                (9)  address methods for coordinating with other   commission programs under Section 137.004.          (c)  The commission [department] shall coordinate with   interested parties and communities in developing the strategic plan   under this section.          (d)  The commission [department] shall annually review and   appropriately update the strategic plan developed under this   section.          (e)  The commission [department] shall post the strategic   plan developed under this section and any update to the plan on its   Internet website.          [Sec. 265.006.  PROHIBITION ON USE OF AGENCY NAME OR LOGO.   The department may not allow the use of the department's name or   identifying logo or insignia on forms or other materials related to   the department's prevention and early intervention services that   are:                [(1)  provided by the department's contractors; or                [(2)  distributed by the department's contractors to   the department's clients.          [Sec. 265.007.  IMPROVING PROVISION OF PREVENTION AND EARLY   INTERVENTION SERVICES. (a) To improve the effectiveness and   delivery of prevention and early intervention services, the   department shall:                [(1)  identify geographic areas that have a high need   for prevention and early intervention services but do not have   prevention and early intervention services available in the area or   have only unevaluated prevention and early intervention services   available in the area; and                [(2)  develop strategies for community partners to:                      [(A)  improve the early recognition of child abuse   or neglect;                      [(B)  improve the reporting of child abuse and   neglect; and                      [(C)  reduce child fatalities.          [(b)  The department may not use data gathered under this   section to identify a specific family or individual.          [Sec. 265.008.  EVALUATION OF PREVENTION AND EARLY   INTERVENTION SERVICES. (a) The department may enter into   agreements with institutions of higher education to conduct   efficacy reviews of any prevention and early intervention services   provided under this chapter that have not previously been evaluated   for effectiveness in a research evaluation. The efficacy review   shall include, when possible, a cost-benefit analysis of the   program to the state and, when applicable, the return on investment   of the program to the state.          [(b)  The department may not enter into an agreement to   conduct a program efficacy evaluation under this section unless:                [(1)  the agreement with the institution of higher   education is cost neutral; and                [(2)  the department and institution of higher   education conducting the evaluation under this section protect the   identity of individuals who are receiving services from the   department that are being evaluated.]   SUBCHAPTER B. FAMILY SUPPORT SERVICES PROGRAMS FOR CHILD ABUSE AND   NEGLECT [PRIMARY] PREVENTION [PROGRAMS]          Sec. 137.051 [265.051].  DEFINITIONS. In this subchapter:                (1)  "Child abuse and neglect prevention" means family   support services designed to prevent child abuse and neglect before   the abuse or neglect occurs. The term includes child fatality   prevention education programs and other activities directed at the   general public to stop child abuse and neglect.                (2)  "Children's trust fund" means a child abuse and   neglect [primary] prevention program.                [(2)  "Primary prevention" means services and   activities available to the community at large or to families to   prevent child abuse and neglect before it occurs. The term includes   infant mortality prevention education programs.]                (3)  "Operating fund" means the commission's   [Department of Family and Protective Services] child abuse and   neglect prevention operating fund account.                (4)  "State agency" means a board, commission,   department, office, or other state agency that:                      (A)  is in the executive branch of the state   government;                      (B)  was created by the constitution or a statute   of this state; and                      (C)  has statewide jurisdiction.                (5)  "Trust fund" means the commission's child abuse   and neglect prevention trust fund account.          Sec. 137.052 [265.052].  CHILD ABUSE AND NEGLECT [PRIMARY]   PREVENTION PROGRAMS. (a) The commission [department] shall   operate the children's trust fund to:                (1)  set policy, offer resources for community   [primary] prevention programs, and provide information and   education on family support services and prevention of child abuse   and neglect;                (2)  develop a state plan for expending funds for child   abuse and neglect [primary] prevention programs that includes an   annual schedule of transfers of trust fund money to the operating   fund;                (3)  develop eligibility criteria for applicants   requesting funding for child abuse and neglect [primary] prevention   programs; and                (4)  establish funding priorities for child abuse and   neglect [primary] prevention programs.          (b)  The children's trust fund shall accommodate the   commission's [department's] existing rules and policies in   procuring, awarding, and monitoring contracts and grants.          (c)  The commission [department] may:                (1)  apply for and receive funds made available by the   federal government or another public or private source for   administering programs under this subchapter and for funding for   child abuse and neglect [primary] prevention programs; and                (2)  solicit donations for child abuse and neglect   [primary] prevention programs.          Sec. 137.053 [265.053].  ADMINISTRATIVE AND OTHER COSTS.   (a) Administrative costs under this subchapter during any fiscal   year may not exceed an amount equal to 50 percent of the interest   credited to the trust fund during the preceding fiscal year.          (b)  Funds expended under a special project grant from a   governmental source or a nongovernmental source for public   education or public awareness may not be counted as administrative   costs for the purposes of this section.          Sec. 137.054 [265.054].  CHILD ABUSE AND NEGLECT PREVENTION   TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention   trust fund account is an account in the general revenue fund. Money   in the trust fund is dedicated to child abuse and neglect [primary]   prevention programs and family support services programs.          (b)  The commission [department] may transfer money   contained in the trust fund to the operating fund at any time.   However, during a fiscal year the commission [department] may not   transfer more than the amount appropriated for the operating fund   for that fiscal year. Money transferred to the operating fund that   was originally deposited to the credit of the trust fund under   Section 118.022, Local Government Code, may be used only for child   abuse and neglect [primary] prevention programs.          (c)  Interest earned on the trust fund shall be credited to   the trust fund.          (d)  The trust fund is exempt from the application of Section   403.095, Government Code.          (e)  All marriage license fees and other fees collected for   and deposited in the trust fund and interest earned on the trust   fund balance shall be appropriated each biennium only to the   operating fund for child abuse and neglect [primary] prevention   programs and family support services programs.          Sec. 137.055 [265.055].  COMMISSION [DEPARTMENT] OPERATING   FUND ACCOUNT. (a) The operating fund is an account in the general   revenue fund.          (b)  Administrative and other costs allowed in Section   137.053 [265.053] shall be taken from the operating fund. The   commission [department] may transfer funds contained in the   operating fund to the trust fund at any time.          (c)  The legislature may appropriate the money in the   operating fund to carry out the provisions of this subchapter.          (d)  The operating fund is exempt from the application of   Section 403.095, Government Code.          [Sec. 265.056.  CONTRIBUTIONS. (a) The department may   solicit contributions from any appropriate source.          [(b)  Any other contributions for child abuse and neglect   primary prevention or other prevention and early intervention   programs shall be deposited into a separate designated fund in the   state treasury and shall be used for that designated purpose.          [(c)  A person may contribute funds to either the trust fund,   the operating fund, or a fund designated by the department for a   specific child abuse and neglect primary prevention or other   prevention or early intervention purpose.          [(d)  If a person designates that a contribution is intended   as a donation to a specific fund, the contribution shall be   deposited in the designated fund.]          Sec. 137.056 [265.057].  COMMUNITY YOUTH DEVELOPMENT   GRANTS. (a) Subject to available funding, the commission   [department] shall award community youth development grants to   communities identified by incidence of crime. The commission   [department] shall give priority in awarding grants under this   section to areas of the state in which there is a high incidence of   juvenile crime.          (b)  The purpose of a grant under this section is to assist a   community in alleviating conditions in the family and community   that lead to juvenile crime.   SUBCHAPTER C. NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM          Sec. 137.101 [265.101].  DEFINITIONS. In this subchapter:                (1)  "Competitive grant program" means the   nurse-family partnership competitive grant program established   under this subchapter.                (2)  "Partnership program" means a nurse-family   partnership program.          Sec. 137.102 [265.102].  OPERATION OF NURSE-FAMILY   PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The commission   [department] shall operate a nurse-family partnership competitive   grant program for [through which] the commission to [department   will] award grants for the implementation of nurse-family   partnership programs, or the expansion of existing programs, and   for the operation of those programs for a period of not less than   two years.          (b)  The commission [department] shall award grants under   the program to applicants, including applicants operating existing   programs, in a manner that ensures that the partnership programs   collectively[:                [(1)]  operate in multiple communities that are   geographically distributed throughout this state[; and                [(2)  provide program services to approximately 2,000   families].          Sec. 137.103 [265.103].  PARTNERSHIP PROGRAM REQUIREMENTS.   A partnership program funded through a grant awarded under this   subchapter must:                (1)  strictly adhere to the program model developed by   the Nurse-Family Partnership National Service Office, including   any clinical, programmatic, and data collection requirements of   that model;                (2)  require that registered nurses regularly visit the   homes of low-income, first-time mothers participating in the   program to provide services designed to:                      (A)  improve pregnancy outcomes;                      (B)  improve child health and development;                      (C)  improve family economic self-sufficiency and   stability; [and]                      (D)  reduce the incidence of child abuse and   neglect; and                      (E)  increase workforce participation;                (3)  require that nurses who provide services through   the program:                      (A)  receive training from the office of the   attorney general at least once each year on procedures by which a   person may voluntarily acknowledge the paternity of a child and on   the availability of child support services from the office;                      (B)  provide a mother with information about the   rights, responsibilities, and benefits of establishing the   paternity of her child, if appropriate;                      (C)  provide assistance to a mother and the   alleged father of her child if the mother and alleged father seek to   voluntarily acknowledge paternity of the child, if appropriate; and                      (D)  provide information to a mother about the   availability of child support services from the office of the   attorney general; and                (4)  require that the regular nurse visits described by   Subdivision (2) begin not later than a mother's 28th week of   gestation and end when her child reaches two years of age.          Sec. 137.104 [265.104].  APPLICATION. (a) A public or   private entity, including a county, municipality, or other   political subdivision of this state, may apply for a grant under   this subchapter.          (b)  To apply for a grant, an applicant must submit a written   application to the commission [department] on a form prescribed by   the commission [department] in consultation with the Nurse-Family   Partnership National Service Office.          (c)  The application [prescribed by the department] must:                (1)  require the applicant to provide data on the   number of low-income, first-time mothers residing in the community   in which the applicant proposes to operate or expand a partnership   program and provide a description of existing services available to   those mothers;                (2)  describe the ongoing monitoring and evaluation   process to which a grant recipient is subject under Section 137.107   [265.109], including the recipient's obligation to collect and   provide information requested by the commission [department] under   Section 137.107(c) [265.109(c)]; and                (3)  require the applicant to provide other relevant   information as determined by the commission [department].          [Sec. 265.105.  ADDITIONAL CONSIDERATIONS IN AWARDING   GRANTS. In addition to the factors described by Sections   265.102(b) and 265.103, in determining whether to award a grant to   an applicant under this subchapter, the department shall consider:                [(1)  the demonstrated need for a partnership program   in the community in which the applicant proposes to operate or   expand the program, which may be determined by considering:                      [(A)  the poverty rate, the crime rate, the number   of births to Medicaid recipients, the rate of poor birth outcomes,   and the incidence of child abuse and neglect during a prescribed   period in the community; and                      [(B)  the need to enhance school readiness in the   community;                [(2)  the applicant's ability to participate in ongoing   monitoring and performance evaluations under Section 265.109,   including the applicant's ability to collect and provide   information requested by the department under Section 265.109(c);                [(3)  the applicant's ability to adhere to the   partnership program standards adopted under Section 265.106;                [(4)  the applicant's ability to develop broad-based   community support for implementing or expanding a partnership   program, as applicable; and                [(5)  the applicant's history of developing and   sustaining innovative, high-quality programs that meet the needs of   families and communities.]          Sec. 137.105 [265.106].  PARTNERSHIP PROGRAM STANDARDS.   The executive commissioner[, with the assistance of the   Nurse-Family Partnership National Service Office,] shall adopt   standards for the partnership programs funded under this   subchapter. The standards must be consistent with [adhere to] the   Nurse-Family Partnership National Service Office program model   standards and guidelines that were developed in multiple,   randomized clinical trials and have been tested and replicated in   multiple communities.          Sec. 137.106 [265.107].  USE OF AWARDED GRANT FUNDS. The   grant funds awarded under this subchapter may be used only to cover   costs related to implementing or expanding and operating a   partnership program, including costs related to:                (1)  administering the program;                (2)  training and managing registered nurses who   participate in the program;                (3)  paying the salaries and expenses of registered   nurses who participate in the program;                (4)  paying for facilities and equipment for the   program; and                (5)  paying for services provided by the Nurse-Family   Partnership National Service Office to ensure a grant recipient   adheres to the organization's program model.          [Sec. 265.108.  STATE NURSE CONSULTANT. Using money   appropriated for the competitive grant program, the department   shall hire or contract with a state nurse consultant to assist grant   recipients with implementing or expanding and operating the   partnership programs in the applicable communities.]          Sec. 137.107 [265.109].  PROGRAM MONITORING AND EVALUATION;   ANNUAL COMMITTEE REPORTS. (a) The commission [department, with   the assistance of the Nurse-Family Partnership National Service   Office,] shall:                (1)  adopt performance indicators that are designed to   measure a grant recipient's performance with respect to the   partnership program standards adopted by the executive   commissioner under Section 137.105 [265.106];                (2)  use the performance indicators to continuously   monitor and formally evaluate on an annual basis the performance of   each grant recipient; and                (3)  prepare and submit an annual report, not later   than December 1 of each year, to the Senate Health and Human   Services Committee, or its successor, and the House Human Services   Committee, or its successor, regarding the performance of each   grant recipient during the preceding state fiscal year with respect   to providing partnership program services.          (b)  The report required under Subsection (a)(3) must   include:                (1)  the number of:                      (A)  low-income, first-time mothers to whom each   grant recipient provided partnership program services and, of that   number, the number of mothers who established the paternity of an   alleged father as a result of services provided under the program;                      (B)  mothers who married the father or reside in   the same household with the father;                      (C)  mothers who have previous involvement with   the child welfare system, the criminal justice system, or the   juvenile justice system; and                      (D)  mothers who receive other services from the   commission;                (2)  the extent to which each grant recipient made   regular visits to mothers during the period described by Section   137.103(4) [265.103(4)]; and                (3)  the extent to which each grant recipient adhered   to the Nurse-Family Partnership National Service Office's program   model, including the extent to which registered nurses:                      (A)  conducted home visitations comparable in   frequency, duration, and content to those delivered in Nurse-Family   Partnership National Service Office clinical trials; and                      (B)  assessed the health and well-being of mothers   and children participating in the partnership programs in   accordance with indicators of maternal, child, and family health   defined by the [department in consultation with the] Nurse-Family   Partnership National Service Office and required by the commission.          (c)  On request, each grant recipient shall timely collect   and provide data and any other information required by the   commission [department] to monitor and evaluate the recipient or to   prepare the report required by this section.          Sec. 137.108 [265.110].  COMPETITIVE GRANT PROGRAM FUNDING.   (a) The commission [department] shall actively seek and apply for   any available federal funds, including federal Medicaid and   Temporary Assistance for Needy Families (TANF) funds, to assist in   financing the competitive grant program established under this   subchapter.          (b)  The commission [department] may use appropriated funds   from the state government and may accept gifts, donations, and   grants of money from the federal government, local governments,   private corporations, or other persons to assist in financing the   competitive grant program.          SECTION 3.  Sections 265.152, 265.153, 265.154, and 265.155,   Family Code, are transferred to Subchapter B, Chapter 137, Human   Resources Code, as redesignated by this Act, redesignated as   Sections 137.057, 137.058, 137.059, and 137.060, Human Resources   Code, respectively, and amended to read as follows:          Sec. 137.057 [265.152].  OUTCOMES OF FAMILY SUPPORT   SERVICES [EVIDENCE-BASED PREVENTION AND EARLY INTERVENTION]   PROGRAMS AND PRACTICES. The commission [department] shall ensure   that a family support services [prevention and early intervention]   program or practice provided under this subchapter achieves   favorable behavioral outcomes in at least two of the following   areas:                (1)  improved cognitive development of children;                (2)  increased readiness for and participation and   performance in school;                (3)  reduced child abuse, neglect, and injury;                (4)  improved child safety;                (5)  improved social-emotional development of children   and youth;                (6)  increased protective factors, including   nurturing, bonding, and other parenting skills;                (7)  improved family economic self-sufficiency;                (8)  reduced parental or youth involvement with the   criminal justice system; and                (9)  increased paternal involvement and support.          Sec. 137.058 [265.153].  EVALUATION OF FAMILY SUPPORT   SERVICES [PREVENTION AND EARLY INTERVENTION] PROGRAMS AND   PRACTICES. (a) The commission [department] shall adopt outcome   indicators to measure the effectiveness of family support services   [prevention and early intervention] programs and practices   provided under this subchapter in achieving desired outcomes.          (b)  The commission [department] may work directly with the   model developer of a family support services [prevention and early   intervention] program or practice to identify appropriate outcome   indicators for the program or practice and to ensure that the   program or practice substantially complies with the model.          (c)  The commission [department] shall develop internal   processes to share information with family support services   [prevention and early intervention service] providers to assist the   commission [department] in analyzing the performance of the   programs or practices.          (d)  The commission [department] shall use information   obtained under this section to:                (1)  monitor family support services [prevention and   early intervention] programs and practices;                (2)  continually improve the quality of the programs   and practices; and                (3)  evaluate the effectiveness of the programs and   practices.          Sec. 137.059 [265.154].  REPORTS TO LEGISLATURE. (a) Not   later than December 1 of each even-numbered year, the commission   [department] shall prepare and submit a report on state-funded   prevention and early intervention programs and practices to the   standing committees of the senate and house of representatives with   jurisdiction over child protective services.          (b)  A report submitted under this section must meet any   requirements set by the commission under this subchapter [include:                [(1)  a description of the prevention and early   intervention programs and practices implemented and of the models   associated with the programs and practices;                [(2)  information on the families served by the   programs and practices, including the number of families served and   their demographic information;                [(3)  the goals and achieved outcomes of the   implemented programs and practices;                [(4)  information on the cost for each family served,   including any available third-party return-on-investment analysis;   and                [(5)  information explaining the percentage of money   spent on evidence-based programs and practices, on promising   programs and practices, and on evidence-informed programs and   practices].          Sec. 137.060 [265.155].  RULES. The executive commissioner   [of the department] may adopt rules as necessary to implement this   subchapter.          SECTION 4.  Subchapter D, Chapter 264, Family Code, is   transferred to Chapter 137, Human Resources Code, as added by this   Act, redesignated as Subchapter D, Chapter 137, Human Resources   Code, and amended to read as follows:   SUBCHAPTER D. SERVICES FOR [TO] AT-RISK YOUTH          Sec. 137.151 [264.301].  SERVICES FOR AT-RISK YOUTH. (a)   The commission [department] shall operate a program to provide   family support services for children in at-risk situations and for   the families of those children.          (b)  The services under this section may include:                (1)  crisis family intervention;                (2)  emergency short-term residential care;                (3)  family counseling;                (4)  parenting skills training;                (5)  youth coping skills training;                (6)  mentoring; and                (7)  advocacy training.          Sec. 137.152 [264.302].  EARLY YOUTH INTERVENTION SERVICES.   (a) This section applies to a child who:                (1)  is seven years of age or older and under 17 years   of age; and                (2)  has not had the disabilities of minority for   general purposes removed under Chapter 31, Family Code.          (b)  The commission [department] shall operate a program   under this section to provide family support services for children   in at-risk situations and for the families of those children.          (c)  The commission [department] may not provide services   under this section to a child who has:                (1)  at any time been referred to juvenile court for   engaging in conduct that violates a penal law of this state of the   grade of felony other than a state jail felony; or                (2)  been found to have engaged in delinquent conduct   under Title 3, Family Code.          (d)  The commission [department] may provide services under   this section to a child who engages in conduct for which the child   may be found by a court to be an at-risk child, without regard to   whether the conduct violates a penal law of this state of the grade   of felony other than a state jail felony, if the child was younger   than 10 years of age at the time the child engaged in the conduct.          (e)  The commission [department] shall provide services for   a child and the child's family if a contract to provide services   under this section is available in the county and the child is   referred to the commission [department] as an at-risk child by:                (1)  a juvenile court or probation department as part   of a progressive sanctions program under Chapter 59, Family Code;                (2)  a law enforcement officer or agency under Section   52.03, Family Code; or                (3)  a justice or municipal court under Article 45.057,   Code of Criminal Procedure.          (f)  The services under this section may include:                (1)  crisis family intervention;                (2)  emergency short-term residential care for   children 10 years of age or older;                (3)  family counseling;                (4)  parenting skills training;                (5)  youth coping skills training;                (6)  advocacy training; and                (7)  mentoring.          SECTION 5.  Chapter 53, Human Resources Code, is transferred   to Chapter 137, Human Resources Code, as added by this Act,   redesignated as Subchapter E, Chapter 137, Human Resources Code,   and amended to read as follows:   SUBCHAPTER E [CHAPTER 53].  PREVENTIVE SERVICES FOR VETERANS AND   MILITARY FAMILIES          Sec. 137.201  [53.001].  DEFINITIONS.  In this subchapter,   "veteran" [chapter:                [(1)  "Department" means the Department of Family and   Protective Services.                [(2)  "Veteran"] means a person who has served in:                (1) [(A)]  the army, navy, air force, coast guard, or   marine corps of the United States;                (2) [(B)]  the state military forces as defined by   Section 431.001, Government Code; or                (3) [(C)]  an auxiliary service of one of those   branches of the armed forces.          Sec. 137.202  [53.002].  VETERANS AND MILITARY FAMILIES   PREVENTIVE SERVICES PROGRAM.  (a)  The commission [department]   shall develop and implement a preventive services program to serve   veterans and military families who have committed or experienced or   who are at a high risk of:                (1)  family violence; or                (2)  abuse or neglect.          (b)  The program must:                (1)  be designed to coordinate with community-based   organizations to provide prevention services;                (2)  include a prevention component and an early   intervention component;                (3)  include collaboration with services for child   welfare, services for early childhood education, and other child   and family services programs; and                (4)  coordinate with the community collaboration   initiative developed under Subchapter I, Chapter 434, Government   Code, and committees formed by local communities as part of that   initiative.          [(c)  The program must be established initially as a pilot   program in areas of the state in which the department considers the   implementation practicable.  The department shall evaluate the   outcomes of the pilot program and ensure that the program is   producing positive results before implementing the program   throughout the state.          [(d)  The department shall evaluate the program and prepare   an annual report on the outcomes of the program.  The department   shall publish the report on the department's Internet website.]          SECTION 6.  Subchapter X, Chapter 531, Government Code, is   transferred to Chapter 137, Human Resources Code, as added by this   Act, and redesignated as Subchapter F, Chapter 137, Human Resources   Code, to read as follows:   SUBCHAPTER F [X]. TEXAS HOME VISITING PROGRAM          Sec. 137.251 [531.981].  DEFINITIONS. In this subchapter:                (1)  "Home visiting program" means a   voluntary-enrollment program in which early childhood and health   professionals such as nurses, social workers, or trained and   supervised paraprofessionals repeatedly visit over a period of at   least six months the homes of pregnant women or families with   children under the age of six who are born with or exposed to one or   more risk factors.                (2)  "Risk factors" means factors that make a child   more likely to experience adverse experiences leading to negative   consequences, including preterm birth, poverty, low parental   education, having a teenaged mother or father, poor maternal   health, and parental underemployment or unemployment.          Sec. 137.252 [531.982].  IMPLEMENTATION OF TEXAS HOME   VISITING PROGRAM. (a) The commission shall maintain a strategic   plan to serve at-risk pregnant women and families with children   under the age of six through home visiting programs that improve   outcomes for parents and families.          (b)  A pregnant woman or family is considered at-risk for   purposes of this section and may be eligible for voluntary   enrollment in a home visiting program if the woman or family is   exposed to one or more risk factors.          (c)  The commission may determine if a risk factor or   combination of risk factors experienced by an at-risk pregnant   woman or family qualifies the woman or family for enrollment in a   home visiting program.          Sec. 137.253 [531.983].  TYPES OF HOME VISITING PROGRAMS.   (a) A home visiting program is classified as either an   evidence-based program or a promising practice program.          (b)  An evidence-based program is a home visiting program   that:                (1)  is research-based and grounded in relevant,   empirically based knowledge and program-determined outcomes;                (2)  is associated with a national organization,   institution of higher education, or national or state public health   institute;                (3)  has comprehensive standards that ensure   high-quality service delivery and continuously improving quality;                (4)  has demonstrated significant positive short-term   and long-term outcomes;                (5)  has been evaluated by at least one rigorous   randomized controlled research trial across heterogeneous   populations or communities, the results of at least one of which has   been published in a peer-reviewed journal;                (6)  follows with fidelity a program manual or design   that specifies the purpose, outcomes, duration, and frequency of   the services that constitute the program;                (7)  employs well-trained and competent staff and   provides continual relevant professional development   opportunities;                (8)  demonstrates strong links to other   community-based services; and                (9)  ensures compliance with home visiting standards.          (c)  A promising practice program is a home visiting program   that:                (1)  has an active impact evaluation program or can   demonstrate a timeline for implementing an active impact evaluation   program;                (2)  has been evaluated by at least one outcome-based   study demonstrating effectiveness or a randomized controlled trial   in a homogeneous sample;                (3)  follows with fidelity a program manual or design   that specifies the purpose, outcomes, duration, and frequency of   the services that constitute the program;                (4)  employs well-trained and competent staff and   provides continual relevant professional development   opportunities;                (5)  demonstrates strong links to other   community-based services; and                (6)  ensures compliance with home visiting standards.          Sec. 137.254 [531.984].  FUNDING. (a) The commission shall   ensure that at least 75 percent of funds appropriated for home   visiting programs are used in evidence-based programs, with any   remaining funds dedicated to promising practice programs.          (b)  The commission shall actively seek and apply for any   available federal funds to support home visiting programs,   including federal funds from the Temporary Assistance for Needy   Families program.          (c)  The commission may accept gifts, donations, and grants   to support home visiting programs.          Sec. 137.255 [531.985].  OUTCOMES. The commission shall   ensure that a home visiting program achieves favorable outcomes in   at least two of the following areas:                (1)  improved maternal or child health outcomes;                (2)  improved cognitive development of children;                (3)  increased school readiness of children;                (4)  reduced child abuse, neglect, and injury;                (5)  improved child safety;                (6)  improved social-emotional development of   children;                (7)  improved parenting skills, including nurturing   and bonding;                (8)  improved family economic self-sufficiency;                (9)  reduced parental involvement with the criminal   justice system; and                (10)  increased father involvement and support.          Sec. 137.256 [531.986].  EVALUATION OF HOME VISITING   PROGRAM. (a) The commission shall adopt outcome indicators to   measure the effectiveness of a home visiting program in achieving   desired outcomes.          (b)  The commission may work directly with the model   developer of a home visiting program to identify appropriate   outcome indicators for the program and to ensure that the program   demonstrates fidelity to its research model.          (c)  The commission shall develop internal processes to work   with home visiting programs to share data and information to aid in   making relevant analysis of the performance of a home visiting   program.          (d)  The commission shall use data gathered under this   section to monitor, conduct ongoing quality improvement on, and   evaluate the effectiveness of home visiting programs.          Sec. 137.257 [531.9871].  REPORTS TO LEGISLATURE. (a) Not   later than December 1 of each even-numbered year, the commission   shall prepare and submit a report on state-funded home visiting   programs to the Senate Committee on Health and Human Services and   the House Human Services Committee or their successors.          (b)  A report submitted under this section must include:                (1)  a description of home visiting programs being   implemented and the associated models;                (2)  data on the number of families being served and   their demographic information;                (3)  the goals and achieved outcomes of home visiting   programs;                (4)  data on cost per family served, including   third-party return-on-investment analysis, if available; and                (5)  data explaining what percentage of funding has   been used on evidence-based programs and what percentage of funding   has been used on promising practice programs.          Sec. 137.258 [531.988].  RULES. The executive commissioner   may adopt rules as necessary to implement this subchapter.          SECTION 7.  Article 45.057(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  On a finding by a justice or municipal court that a child   committed an offense that the court has jurisdiction of under   Article 4.11 or 4.14, the court has jurisdiction to enter an order:                (1)  referring the child or the child's parent for   services under Section 137.152, Human Resources Code [264.302,   Family Code];                (2)  requiring that the child attend a special program   that the court determines to be in the best interest of the child   and, if the program involves the expenditure of municipal or county   funds, that is approved by the governing body of the municipality or   county commissioners court, as applicable, including a   rehabilitation, counseling, self-esteem and leadership, work and   job skills training, job interviewing and work preparation,   self-improvement, parenting, manners, violence avoidance,   tutoring, sensitivity training, parental responsibility, community   service, restitution, advocacy, or mentoring program; or                (3)  requiring that the child's parent do any act or   refrain from doing any act that the court determines will increase   the likelihood that the child will comply with the orders of the   court and that is reasonable and necessary for the welfare of the   child, including:                      (A)  attend a parenting class or parental   responsibility program; and                      (B)  attend the child's school classes or   functions.          SECTION 8.  Section 52.03(c), Family Code, is amended to   read as follows:          (c)  A disposition authorized by this section may involve:                (1)  referral of the child to an agency other than the   juvenile court;                (2)  a brief conference with the child and his parent,   guardian, or custodian; or                (3)  referral of the child and the child's parent,   guardian, or custodian for services under Section 137.152, Human   Resources Code [264.302].          SECTION 9.  Section 59.004(a), Family Code, is amended to   read as follows:          (a)  For a child at sanction level one, the juvenile court or   probation department may:                (1)  require counseling for the child regarding the   child's conduct;                (2)  inform the child of the progressive sanctions that   may be imposed on the child if the child continues to engage in   delinquent conduct or conduct indicating a need for supervision;                (3)  inform the child's parents or guardians of the   parents' or guardians' responsibility to impose reasonable   restrictions on the child to prevent the conduct from recurring;                (4)  provide information or other assistance to the   child or the child's parents or guardians in securing needed social   services;                (5)  require the child or the child's parents or   guardians to participate in a program for services under Section   137.152, Human Resources Code [264.302], if a program under Section   137.152 [264.302] is available to the child or the child's parents   or guardians;                (6)  refer the child to a community-based citizen   intervention program approved by the juvenile court;                (7)  release the child to the child's parents or   guardians; and                (8)  require the child to attend and successfully   complete an educational program described by Section 37.218,   Education Code, or another equivalent educational program.          SECTION 10.  Section 59.005(a), Family Code, is amended to   read as follows:          (a)  For a child at sanction level two, the juvenile court,   the prosecuting attorney, or the probation department may, as   provided by Section 53.03:                (1)  place the child on deferred prosecution for not   less than three months or more than six months;                (2)  require the child to make restitution to the   victim of the child's conduct or perform community service   restitution appropriate to the nature and degree of harm caused and   according to the child's ability;                (3)  require the child's parents or guardians to   identify restrictions the parents or guardians will impose on the   child's activities and requirements the parents or guardians will   set for the child's behavior;                (4)  provide the information required under Sections   59.004(a)(2) and (4);                (5)  require the child or the child's parents or   guardians to participate in a program for services under Section   137.152, Human Resources Code [264.302], if a program under Section   137.152 [264.302] is available to the child or the child's parents   or guardians;                (6)  refer the child to a community-based citizen   intervention program approved by the juvenile court; and                (7)  if appropriate, impose additional conditions of   probation.          SECTION 11.  Section 261.002, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  The department shall provide the Health and Human   Services Commission with access to the central registry as   necessary for the commission to perform its duties under Section   137.005, Human Resources Code.          SECTION 12.  Section 40.0025(b), Human Resources Code, is   amended to read as follows:          (b)  In accordance with Subchapter A-1, Chapter 531,   Government Code, and notwithstanding any other law, the department   performs only functions, including the statewide intake of reports   and other information, related to the following services:                (1)  child protective services, including services   that are required by federal law to be provided by this state's   child welfare agency;                (2)  adult protective services, other than   investigations of the alleged abuse, neglect, or exploitation of an   elderly person or person with a disability:                      (A)  in a facility operated, or in a facility or by   a person licensed, certified, or registered, by a state agency; or                      (B)  by a provider that has contracted to provide   home and community-based services; and                (3)  family support [prevention and early   intervention] services functions, including:                      (A)  family support [prevention and early   intervention] services as defined under Section 137.002 [265.001,   Family Code]; and                      (B)  programs that:                            (i)  provide parent education;                            (ii)  promote healthier parent-child   relationships; or                            (iii)  prevent family violence.          SECTION 13.  Subtitle B, Title 2, Health and Safety Code, is   amended by adding Chapter 54 to read as follows:   CHAPTER 54. THRIVING TEXAS FAMILIES PROGRAM          Sec. 54.001.  DEFINITIONS. In this chapter:                (1)  "Abortion" has the meaning assigned by Section   245.002.                (2)  "Network contractor" means a person who contracts   with the commission to provide or coordinate the provision of   services under this chapter.          Sec. 54.002.  ESTABLISHMENT. (a)  The commission shall   establish the Thriving Texas Families Program as a continuation of   the alternatives to abortion program to facilitate the operation of   a statewide support network that provides community outreach,   consultation, and care coordination for women with an unexpected   pregnancy.          (b)  The Thriving Texas Families Program shall:                (1)  promote healthy pregnancy and childbirth;                (2)  promote childbirth as an alternative to abortion;                (3)  increase access to resources that promote family   and child development;                (4)  encourage family formation;                (5)  help parents establish and implement successful   parenting techniques;                (6)  increase the number of families who achieve   economic self-sufficiency; and                (7)  provide a local approach and personalized support   to pregnant women to promote childbirth in all instances of   pregnancy.          (c)  The commission shall contract with network contractors   to establish a statewide network of service providers, including   pregnancy support centers, adoption assistance providers, and   maternity homes, to provide the services described by Section   54.003.  The commission may contract with the service providers to   provide the services in accordance with this chapter.          (d)  In developing the statewide network of service   providers, the commission shall, to the extent practicable,   contract with providers who have a history of working with the   commission in programs similar to the program created by this   chapter.          Sec. 54.003.  SERVICES. (a) Using the network contractors   described under Section 54.002, the commission shall ensure that   services described by this chapter are available throughout this   state.          (b)  Services provided through the program include:                (1)  counseling and mentoring on pregnancy, education,   parenting skills, adoption services, life skills, and employment   readiness topics;                (2)  care coordination for prenatal, perinatal, and   postnatal services, including connecting participants to health   services;                (3)  educational materials and information about   pregnancy, parenting, and adoption services;                (4)  referrals to governmental and social service   programs, including child care, transportation, housing, and state   and federal benefit programs;                (5)  classes on life skills, personal finance,   parenthood, stress management, job training, job readiness, job   placement, and educational attainment;                (6)  provision of supplies for infant care and   pregnancy, including car seats, cribs, maternity clothes, infant   diapers, and formula; and                (7)  housing services.          (c)  A service provider participating in the program may not   be required to provide all services listed under Subsection (b).          (d)  A network contractor may provide housing services under   Subsection (b)(7) through a maternity home.          (e)  The commission or network contractors may not provide   family planning services through the network.          Sec. 54.004.  ELIGIBILITY. Program services are available   to a resident of this state who is:                (1)  a pregnant woman;                (2)  the biological father of an unborn child;                (3)  the biological parent of a child who is 36 months   of age or younger;                (4)  an adoptive parent of a child who is 36 months of   age or younger;                (5)  an approved adoptive parent of an unborn child;                (6)  a former participant who has experienced the loss   of a child;                (7)  a parent or legal guardian of a pregnant minor who   is a program client;                (8)  the parent, legal guardian, or adult caregiver of   a child who is 36 months of age or younger; and                (9)  a parent who experienced a miscarriage or loss of a   child not more than 90 days before the parent begins participation   in the services offered through the program.          Sec. 54.005.  PROVISION OF SERVICES. (a)  The commission and   its network contractors shall contract with service providers to   assess the needs of the participants and implement a plan to provide   services to address the participants' most critical needs.          (b)  A service provider participating in the program may   refer a program client to a service provider not participating in   the program for medical services otherwise covered by the program.     Services received through a referral under this subsection may not   be paid for using program funds.          Sec. 54.006.  PERFORMANCE OUTCOMES. (a) The commission and   its network contractors may contract only with service providers   whose performance outcomes include:                (1)  improving healthy pregnancy and childbirth   outcomes;                (2)  improving child health and development;                (3)  assisting families in achieving economic   self-sufficiency and stability;                (4)  increasing workforce participation; or                (5)  promoting marriage and family formation for   participating parents.          (b)  The commission shall identify indicators to measure the   performance outcomes under Subsection (a) and require periodic   reporting on the outcomes by network contractors and participating   service providers.          Sec. 54.007.  IMPACT EVALUATION. (a) The commission shall   periodically conduct impact evaluations to measure the effects of   services on participants receiving services through the program and   to report on measured performance outcomes.          (b)  The commission shall contract with an external third   party to perform impact evaluations under this chapter.          (c)  The commission shall select the impact evaluator   through a competitive bidding process. The evaluator must have a   demonstrated history in evaluating social services programs using   an integrated holistic impact approach and data modeling.          (d)  The commission may not enter into an interagency   agreement to conduct an evaluation under this section.          Sec. 54.008.  REPORTS; AUDITS. (a) The commission shall   compile reports provided by network contractors and service   providers under Section 54.006 and audit a sampling of the reports   to ensure validity.          (b)  The commission shall annually issue a report that   includes:                (1)  the total number of network contractors and   service providers, sorted by geographical region served;                (2)  the total number of individuals served by each   provider, sorted by age and sex;                (3)  the total amount of expenditures, sorted by method   of finance;                (4)  the value of the contracts with each network   contractor and service provider;                (5)  any outcome measures reported to the commission by   network contractors and service providers;                (6)  any performance outcomes reported to the   commission under Section 54.006; and                (7)  the results of any impact evaluation conducted   under Section 54.007.          Sec. 54.009.  RULES. (a) The executive commissioner may   adopt rules to implement this chapter.          (b)  The executive commissioner may not adopt a rule that   violates Chapter 110, Civil Practice and Remedies Code, or Chapter   45, Human Resources Code.          Sec. 54.010.  PROHIBITED CONTRACT TERMS.  A contract under   this chapter may not include a provision that violates Chapter 110,   Civil Practice and Remedies Code, or Chapter 45, Human Resources   Code.          Sec. 54.011.  FUNDING. (a) The commission shall, to the   greatest extent possible, seek private funding to supplement and   match funding provided through the program.          (b)  The commission or a service provider may not:                (1)  use funding provided through the program to   perform, induce, assist, or refer an abortion; or                (2)  grant funds to an abortion provider or an   affiliate of an abortion provider.          (c)  The commission may not use more than three percent of   funding allocated to the program to:                (1)  administer the program; and                (2)  procure evaluator services under Section 54.007.          SECTION 14.  Section 118.022(b), Local Government Code, is   amended to read as follows:          (b)  The comptroller shall deposit the money received under   Subsection (a)(1) to the credit of the child abuse and neglect   prevention trust fund account established under Section 137.054   [40.105], Human Resources Code.          SECTION 15.  (a) On September 1, 2024, all powers, duties,   functions, programs, employees, administrative support services,   contracts, property, records, and other resources necessary to   comply with this Act are transferred from the Department of Family   and Protective Services to the Health and Human Services   Commission, including the operating fund and trust fund under   Subchapter B, Chapter 137, Human Resources Code, as amended by this   Act.          (b)  The Health and Human Services Commission shall, not   later than September 1, 2025, develop and implement its initial   five-year strategic plan under Section 137.005, Human Resources   Code, as amended by this Act. The initial plan must additionally   include plans to develop and implement the system of family support   programs under Section 137.003(a)(2), Human Resources Code, as   amended by this Act.          SECTION 16.  The following provisions of the Family Code are   repealed:                (1)  the heading to Chapter 265;                (2)  the heading to Subchapter D, Chapter 265; and                (3)  Section 265.151.          SECTION 17.  This Act takes effect September 1, 2023.