Kolkhorst Bill Takes Family Preservation Pilot Statewide Through 2033

The text as introduced · 1,921 words

89R3096 AMF-D

By: Kolkhorst
S.B. No. 837

A BILL TO BE ENTITLED

AN ACT

relating to a family preservation services program.

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

SECTION 1. The heading to Subchapter F, Chapter 262, Family

Code, is amended to read as follows:

SUBCHAPTER F. FAMILY PRESERVATION SERVICES [ PILOT ] PROGRAM

SECTION 2. Section 262.401, Family Code, is amended by

amending Subdivisions (1), (3), and (4) and adding Subdivision (6)

to read as follows:

(1) "Child who is a candidate for foster care" means a

child who is at imminent risk of being removed from the child's home

and placed into the conservatorship of the department because :

(A) a department investigation found reason to

believe abuse or neglect occurred;

(B) there is [ of ] a continuing danger to the

child's physical health or safety caused by an act or failure to act

of a person entitled to possession of the child ; and

(C) [ but for whom ] a court of competent

jurisdiction has issued an order allowing the child to remain

safely in the child's home or in a kinship placement with the

provision of family preservation services.

(3) "Family preservation service" means a

time-limited, family-focused service, including a short-term

expense service or a service subject to the Family First Prevention

Services Act (Title VII, Div. E, Pub. L. No. 115-123), 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.

(4) "Family preservation services plan" means a

written plan for remedying child abuse and neglect , based on a

professional assessment using evidence-based tools and strategies ,

listing the family preservation services, including services

subject to the Family First Prevention Services Act (Title VII,

Div. E, Pub. L. No. 115-123), to be provided to the family of a

child who is:

(A) a candidate for foster care; or

(B) a pregnant or parenting foster youth.

(6) "Short-term expense service" means time-limited

funding for the reimbursement of short-term expenses necessary to

allow a child to remain in the child's home, including rent,

transportation expenses, educational or job skills programs, or

in-home support services.

SECTION 3. The heading to Section 262.402, Family Code, is

amended to read as follows:

Sec. 262.402. [ PILOT ] PROGRAM FOR FAMILY PRESERVATION

SERVICES.

SECTION 4. Section 262.402, Family Code, is amended by

amending Subsections (a) and (d) and adding Subsection (e) to read

as follows:

(a) The department shall establish a [ pilot ] program that

allows the department to dispose of an investigation by :

(1) referring the family of a child who is a candidate

for foster care for family preservation services and allowing the

child to return home instead of entering foster care ; or

(2) [ by ] providing family preservation services to a

pregnant or parenting foster youth. [ The department shall implement

the pilot program in two child protective services regions in this

state, one urban and one rural. ]

(d) In implementing the [ pilot ] program, the department

shall use:

(1) Title IV-E funds to:

(A) pay for legal representation for parents in

the manner provided by Section 107.015; or

(B) provide to counties a matching reimbursement

for the cost of the legal representation; and

(2) funds received under assistance programs

including the Temporary Assistance for Needy Families (TANF)

program or other department funds to provide short-term expense

[ enhanced in-home support ] services to families qualifying for

prevention services under this subchapter to achieve the objectives

in the family preservation services plan.

(e) A family may not receive short-term expense services for

longer than 90 days. The commissioner of the department shall by

rule establish a maximum amount that a family may receive in

short-term expense services under each family preservation

services plan.

SECTION 5. Section 262.405, Family Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) The court may not appoint a guardian ad litem to

represent the best interests of a child in a suit filed under

Section 262.404.

SECTION 6. Section 262.406, Family Code, is amended by

adding Subsection (e) to read as follows:

(e) An order rendered under this section expires on the

first anniversary of the date the order is signed.

SECTION 7. Section 262.407(c), Family Code, is amended to

read as follows:

(c) The family preservation services plan must:

(1) include a safety risk assessment of the child who

is the subject of the investigation and an assessment of the child's

family;

(2) state the reasons the department is involved with

the family;

(3) be narrowly tailored to address the specific

reasons the department is involved with the family and the factors

that make the child a candidate for foster care;

(4) list the specific family preservation services the

family will receive under the plan , including services provided by

an entity other than the department, such as the Texas Workforce

Commission or a local mental health authority, and identify the

manner in which those services will mitigate the child's specific

risk factors and allow the child to remain safely at home;

(5) specify the tasks the family must complete during

the effective period of the plan and include a schedule with

appropriate completion dates for those tasks; and

(6) include the name of the department or single

source continuum contractor representative who will serve as a

contact for the family in obtaining information related to the

plan.

SECTION 8. Section 262.408(d), Family Code, is amended to

read as follows:

(d) The family preservation services plan remains in effect

until:

(1) the first anniversary of [ the 180th day after ] the

date the court's order for family preservation services is signed[ ,

unless renewed by an order of the court ]; or

(2) the date the plan is amended or revoked by the

court.

SECTION 9. Section 262.409(e), Family Code, is amended to

read as follows:

(e) The amended family preservation services plan is in

effect until:

(1) the first anniversary of [ the 180th day after ] the

date the court's order for family preservation services is signed[ ,

unless renewed by an order of the court ]; or

(2) the date the amended plan is modified or revoked by

the court.

SECTION 10. Sections 262.415(a) and (b), Family Code, are

amended to read as follows:

(a) The department may contract with one or more persons to

provide family preservation services under the [ pilot ] program. In

a child protective services region in this state in which

community-based care under Subchapter B-1, Chapter 264, has been

implemented [ and in which the pilot program is implemented ], the

department may contract with the single source continuum contractor

to provide family preservation services under the [ pilot ] program.

The term of a contract under this section may not exceed three years

and may be extended only one time for not more than one year.

(b) The contract with the person selected to provide family

preservation services must include performance-based measures that

require the person to show that as a result of the services:

(1) fewer children enter foster care in the [ pilot

program ] region in comparison to other regions of this state;

(2) fewer children are removed from their families

after receiving the services in the [ pilot program ] region in

comparison to other regions of this state; and

(3) fewer children enter foster care in the five years

following completion of the services in the [ pilot program ] region

in comparison to other regions of this state.

SECTION 11. Section 262.416, Family Code, is amended to

read as follows:

Sec. 262.416. LIMITS [ LIMIT ] ON FINANCE OF SERVICES. (a)

If a court order for services under this subchapter includes

services that are not subject to the Family First Prevention

Services Act (Title VII, Div. E., Pub. L. No. 115-123), the order

must identify a method of financing for the services and the local

jurisdiction that will pay for the services.

(b) The commissioner of the department by rule shall

establish funding limits for family preservation services provided

under each family preservation services plan and lifetime funding

limits for family preservation services provided to a single

family.

SECTION 12. Section 262.417, Family Code, is amended to

read as follows:

Sec. 262.417. REPORT TO LEGISLATURE. (a) Not later than

the first anniversary of the date the department commences the [ a

pilot ] program under this subchapter and every two years after that

date, the department shall contract with an entity based in this

state that is independent of the department and has demonstrated

expertise in statistical, financial, logistical, and operational

analysis to evaluate the implementation of the [ pilot ] program

under this subchapter, assess its progress, and report its findings

to the appropriate standing committees of the legislature having

jurisdiction over child protective services and foster care

matters. The report must include:

(1) a detailed description of the actions taken by the

department to ensure the successful implementation of the [ pilot ]

program;

(2) a detailed analysis of the role each of the

following entities has in the [ pilot ] program:

(A) the courts;

(B) legal representatives;

(C) the investigations division of the

department; and

(D) the department or other entity implementing

the [ pilot ] program;

(3) an analysis of any barrier to the successful

implementation of the [ pilot ] program and recommendations for

overcoming those barriers;

(4) data on the performance-based outcomes described

by Subsection (b) and achieved in each [ the ] child protective

services region [ in which the pilot program is implemented ]; and

(5) [ a detailed comparison of outcomes achieved in the

child protective services region in which the pilot program is

implemented with outcomes achieved in other child protective

services regions;

[ (6) ] a detailed description of the costs of the [ pilot ]

program and services provided[ ; and

[ (7) recommendations on whether to expand services

described in this subchapter to other child protective services

regions in this state based on the outcomes and performance of the

pilot program ].

(b) Performance-based outcomes for evaluating the [ pilot ]

program must include:

(1) the number of children served;

(2) the number of families served;

(3) the percentage of children who do not have a

reported finding of abuse, neglect, or exploitation;

(4) the percentage of children served who did not

enter foster care at case closure;

(5) the percentage of children served who did not

enter foster care within six months and one year of the date the

case was closed;

(6) the number of families who received family

preservation services under the [ pilot ] program for whom the

department opens an investigation of abuse or neglect involving the

family before the second anniversary of the date the case was

closed; and

(7) the average length of time services are provided

from the entry of an order for family preservation services to case

dismissal.

SECTION 13. Subchapter F, Chapter 262, Family Code, is

amended by adding Section 262.418 to read as follows:

Sec. 262.418. EXPIRATION OF PROGRAM. This subchapter

expires September 1, 2033.

SECTION 14. (a) Section 262.402(b), Family Code, is

repealed.

(b) Section 262.413, Family Code, is repealed.

SECTION 15. This Act takes effect September 1, 2025.