SB1398 - 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.

      S.B. No. 1398         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) 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 ; or                       (C)     a member of a household that is subject to an   order rendered under Section 264.203 .          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(c), Family Code, is amended 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.          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; MONTHLY   REPORT. (a)   In this section, "temporary emergency supervision"   means the supervision and care provided by the department or a   single source continuum contractor for a child without placement   for whom the department has been appointed as the temporary or   permanent managing conservator.           (b)     The department or a single source continuum contractor   may not advocate for and a court may not render an order placing a   child in temporary emergency supervision if an appropriate   placement is available.   The department or the contractor and the   court may not consider a child's refusal to stay in a placement when   determining whether the placement is appropriate.           (c)     Before a court may order temporary emergency   supervision for a child, the department or the single source   continuum contractor 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 or the contractor   contacted the placement; and                 (4)     the reason the department or the contractor   determined the placement was not appropriate.          SECTION 5.  Section 264.107(g), Family Code, is amended to   read as follows:          (g)  If the department or single source continuum contractor   is unable to find an appropriate placement for a child, an employee   of the department or contractor who has on file with the department   or contractor, as applicable, a background and criminal history   check may provide temporary emergency supervision [ care ] for the   child.  The employee may not provide temporary  emergency   supervision [ care ] under this subsection in the employee's   residence. The department or contractor shall provide notice to   the court for a child placed in temporary emergency supervision   [ care ] under this subsection not later than the next business day   after the date the child is placed in temporary emergency   supervision [ care ].          SECTION 6.  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 7.  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) 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; or                       (C)     a member of a household that is subject to an   order rendered under Section 264.203.          SECTION 8.  Section 264.153, Family Code, is amended to read   as follows:          Sec. 264.153.  COMMUNITY-BASED CARE IMPLEMENTATION PLAN.   (a) The department shall develop and maintain a plan for   implementing community-based care. The plan must:                (1)  describe the department's expectations, goals, and   approach to implementing community-based care;                (2)  include a timeline for implementing   community-based care throughout this state, any limitations   related to the implementation, and a progressive intervention plan   and a contingency plan to provide continuity of the delivery of   foster care services and services for relative and kinship   caregivers if a contract with a single source continuum contractor   ends prematurely;                (3)  delineate and define the case management roles and   responsibilities of the department and the department's   contractors and the duties, employees, and related funding that   will be transferred to the contractor by the department;                (4)  identify any training needs and include long-range   and continuous plans for training and cross-training staff,   including plans to train caseworkers using the standardized   curriculum created by the human trafficking prevention task force   under Section 402.035(d)(6), Government Code, as that section   existed on August 31, 2017;                (5)  include a plan for evaluating the costs and tasks   associated with each contract procurement, including the initial   and ongoing contract costs for the department and contractor;                (6)  include the department's contract monitoring   approach and a plan for evaluating the continuous performance of   each contractor and the community-based care system as a whole that   includes an [ independent ] [Text truncated for display. 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