Orr Bill Puts A Take-Back Clause In Foster Care Contracts

The text as introduced · 696 words

89R9200 DNC-F

By: Orr
H.B. No. 5415

A BILL TO BE ENTITLED

AN ACT

relating to the contract requirements for a contract between a

single source continuum contractor and the Department of Family and

Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 264.155(a), Family Code, is amended 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) 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 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) 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;

(6) following the review under Subdivision (5), 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;

(7) 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;

(8) 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 ]

(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 ;

and

(10) allow the department, at the department's sole

discretion, to:

(A) reclaim the case management authority over

any or all of the cases in a catchment area from the single source

continuum contractor; or

(B) transfer the case management authority over

any or all of the cases in a catchment area from the single source

continuum contractor to another single source continuum

contractor .

SECTION 2. The change in law made by this Act applies only

to a contract entered into or amended, modified, renewed, or

extended on after the effective date of this Act. A contract

entered into or amended, modified, renewed, or extended before the

effective date of this Act is governed by the law in effect on the

date the contract was entered into or amended, modified, renewed,

or extended, and the former law is continued in effect for that

purpose.

SECTION 3. This Act takes effect September 1, 2025.