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AN ACT
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relating to a rural community-based care pilot program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 264, Family Code, is amended by adding |
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Subchapter B-2 to read as follows: |
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SUBCHAPTER B-2. RURAL COMMUNITY-BASED CARE PILOT PROGRAM |
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Sec. 264.181. DEFINITIONS. In this subchapter: |
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(1) "Catchment area" has the meaning assigned by |
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Section 264.152. |
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(2) "Community-based care" means the provision of |
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child welfare services in accordance with state and federal child |
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welfare goals by a community-based nonprofit or local governmental |
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entity under the pilot program. |
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(3) "Eligible rural region" means a catchment area for |
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which the department requested but did not receive bids, proposals, |
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or other applicable expressions of interest to implement |
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community-based care under Subchapter B-1 in which at least |
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two-thirds of the counties comprising the area have a population of |
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50,000 or less. |
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(4) "Pilot program" means a rural community-based care |
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pilot program implemented under this subchapter. |
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Sec. 264.182. IMPLEMENTATION OF PILOT PROGRAM. The |
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department, in partnership with a lead entity selected under |
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Section 264.183, shall develop and implement a rural |
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community-based care pilot program in an eligible rural region to: |
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(1) implement a community-based model of child welfare |
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services and increase community engagement in the child welfare |
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system; |
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(2) improve outcomes for children and families by |
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expanding the availability of child welfare services and promoting |
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innovation in the delivery of child welfare services to children |
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and families; and |
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(3) develop a sustainable, replicable model for the |
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provision of child welfare services in rural areas. |
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Sec. 264.183. QUALIFICATIONS OF LEAD ENTITY; SELECTION; |
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PROCUREMENT. (a) To enter into a contract with the department to |
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serve as a lead entity to provide services under this subchapter, an |
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entity must be: |
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(1) a nonprofit entity that has a board of directors |
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composed entirely of residents of the catchment area; or |
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(2) a local government entity. |
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(b) In selecting a lead entity, the department shall |
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consider whether a prospective contractor has: |
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(1) strong community support and partnerships; |
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(2) demonstrated experience leading collaborative |
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initiatives in the region; and |
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(3) the capacity to coordinate with local community |
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organizations to serve children and families. |
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(c) The department shall request local stakeholders in an |
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eligible rural region to provide any necessary information about |
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the region that will assist the department in: |
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(1) preparing the department's request for bids, |
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proposals, or other applicable expressions of interest to provide |
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community-based care in the eligible rural region; and |
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(2) selecting a lead entity to provide community-based |
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care in the eligible rural region. |
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(d) The department's request for bids, proposals, or other |
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applicable expressions of interest to provide community-based care |
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in the eligible rural region may include, in a single request, |
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services to develop the pilot program model and implement the pilot |
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program. |
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(e) Notwithstanding any other law and to address the unique |
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challenges of providing community-based care to rural areas of this |
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state in an efficient manner the department may: |
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(1) procure, as a single procurement, services to |
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develop a pilot program model under Section 264.184(a) and |
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implement the pilot program under Section 264.184(b); and |
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(2) separately procure the services of the independent |
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evaluator under Section 264.194. |
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Sec. 264.184. PILOT PROGRAM MODEL AND IMPLEMENTATION |
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SCHEDULE; AUTHORITY. (a) The department, in partnership with the |
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lead entity, shall develop a pilot program model that includes a |
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timeline, with identified funding, for implementing |
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community-based care in the eligible rural region and that |
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addresses: |
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(1) the following services for families and children: |
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(A) family-based services to ensure child safety |
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and prevent entry into foster care; |
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(B) family preservation services, as defined by |
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Section 262.401; |
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(C) case management; |
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(D) foster care and kinship care services; |
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(E) adoption and post-adoption services; |
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(F) transition services for youth aging out of |
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foster care; and |
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(G) any additional services necessary to meet the |
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needs of children and families in the region; |
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(2) the development of and coordination with a diverse |
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network of service providers, including faith-based organizations, |
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local mental health authorities, and others to ensure comprehensive |
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service delivery; |
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(3) the development and implementation of innovative |
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approaches to improve outcomes for children and families; |
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(4) any identified geographic disparities in service |
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availability and access in the region's child welfare system; |
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(5) the creation and oversight of a quality assurance |
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system; and |
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(6) the implementation of a system to manage financial |
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risks and resources, including state and federal funds. |
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(b) To implement the pilot program model developed under |
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Subsection (a), a lead entity may: |
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(1) develop and implement policies and procedures |
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regarding the provision of community-based care within the scope of |
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applicable law and consistent with department policies and |
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procedures, unless waived under Section 264.189; |
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(2) allocate resources as needed to meet community |
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needs; and |
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(3) enter into contracts with service providers, |
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including contracts for case management services. |
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Sec. 264.185. COMMUNITY ALLIANCE. (a) The department and |
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lead entity shall establish a community alliance or similar group |
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of stakeholders to provide a forum for community participation and |
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governance of community-based care under the pilot program. The |
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department and lead entity shall collaborate with: |
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(1) local families with lived experience in the child |
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welfare system; |
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(2) local representatives from sectors related to the |
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child welfare system, including the judiciary, education, and |
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health care; and |
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(3) other community stakeholders. |
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(b) The duties of the community alliance or similar group of |
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stakeholders described by Subsection (a) shall include: |
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(1) joint planning with the department and lead entity |
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regarding resource utilization in the community, including |
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resources appropriated to the department and any funds provided by |
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local funding sources for that purpose; |
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(2) conducting needs assessments and establishing of |
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community priorities for service delivery; |
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(3) determining community outcome goals to supplement |
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state-required outcomes; |
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(4) serving as a catalyst for community resource |
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development, including: |
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(A) identifying existing programs, services, and |
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assistance available from community- and faith-based |
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organizations; |
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(B) encouraging the development and increased |
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availability of programs, services, and assistance available from |
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community- and faith-based organizations; and |
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(C) informing the department and the lead entity |
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of programs, services, and assistance available from community- and |
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faith-based organizations and working to facilitate the lead |
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entity's use of the available resources; |
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(5) providing for community education and advocacy |
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regarding issues related to delivery of services; and |
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(6) promoting family preservation services. |
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Sec. 264.186. DEVELOPMENT OF FUNDING AND RESOURCES. (a) |
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The department shall seek input from the lead entity regarding the |
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feasibility of a capitated funding model for the provision of |
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services under the pilot program. If the department determines |
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that a capitated funding model is feasible, the department shall |
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develop a capitated funding model that provides a fixed rate of |
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funding per child receiving services under the pilot program. |
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(b) Regardless of whether the department implements a |
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capitated funding model under Subsection (a), the department |
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shall ensure that the funding model for the pilot program: |
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(1) accounts for the additional costs of providing |
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services to geographically dispersed populations in rural areas, |
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including: |
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(A) increased transportation costs; |
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(B) challenges in achieving economies of scale in |
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the provision of services; |
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(C) increased costs for recruiting and retaining |
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qualified staff in rural areas; and |
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(D) costs related to building and maintaining |
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service provider networks in rural areas; |
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(2) includes financial risk-sharing mechanisms; |
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(3) incentivizes desired outcomes and cost savings; |
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(4) supports innovation; |
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(5) allows for the reinvestment of cost savings into |
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the program; and |
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(6) allows the lead entity to flexibly allocate funds |
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within the scope of applicable law. |
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(c) The department shall pursue leveraging various funding |
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sources, including state and federal funds, to implement and |
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sustain the pilot program. |
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Sec. 264.187. DATA MANAGEMENT AND INFORMATION SHARING. (a) |
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The department shall determine the feasibility of implementing an |
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integrated electronic case management system for community-based |
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care provided under the pilot program that: |
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(1) allows for real-time case management; |
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(2) facilitates coordination among service providers; |
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and |
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(3) supports outcome tracking and reporting. |
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(b) Regardless of whether the department implements an |
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integrated electronic case management system, the department |
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shall: |
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(1) provide to the lead entity technical support and |
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access to data as necessary to facilitate implementation of a data |
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management system for effective case management and service |
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coordination; |
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(2) ensure secure and efficient information sharing |
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with stakeholders; and |
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(3) support outcome tracking and reporting through |
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existing or modified systems. |
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(c) The department shall establish protocols related to any |
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data management and information-sharing systems used for the pilot |
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program to ensure: |
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(1) privacy and security of data; and |
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(2) the efficient sharing of information. |
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Sec. 264.188. WORKFORCE DEVELOPMENT. The department, in |
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collaboration with the lead entity, shall incorporate into the |
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pilot program a workforce development plan that includes: |
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(1) strategies that address rural workforce |
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challenges, including strategies for recruiting and retaining |
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child welfare professionals; |
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(2) training programs aligned with best practices in |
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child welfare; and |
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(3) career advancement opportunities. |
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Sec. 264.189. WAIVERS. To implement the pilot program, the |
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lead entity may apply to the commissioner of the department for a |
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waiver from any department policy or procedure that governs the |
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provision of child welfare services. The commissioner shall adopt |
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a procedure for the application for a waiver described by this |
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section. |
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Sec. 264.190. CONFLICT RESOLUTION PROCESS. The department |
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and lead entity shall establish a formal process for resolving |
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conflicts or disputes that arise related to the pilot program. |
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Sec. 264.191. CHANGE ORDER PROCESS. (a) The department |
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shall request any change to the contracted scope of work of the lead |
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entity related to the pilot program in writing. The request must |
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include: |
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(1) a detailed explanation of the proposed change and |
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reasons for the proposed change; and |
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(2) a comprehensive cost analysis for implementing the |
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proposed change that includes: |
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(A) the source of funding for the proposed |
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change; or |
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(B) if funding sufficient to implement the change |
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is not available, an explanation of how existing requirements will |
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be modified for the cost of the proposed change to fit into the |
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existing budget. |
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(b) A change request under this section is subject to |
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negotiation between the lead entity and the department. The lead |
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entity may reject any proposed change that is not adequately funded |
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or substantially alters the provision of community-based care under |
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the contract executed between the department and the entity, unless |
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the change is required by federal or state law or court order or is |
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necessary to ensure child health or safety. In the event of a |
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dispute between the department and the entity regarding a proposed |
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change or the funding for the change, the department and lead entity |
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shall follow the conflict resolution process described by Section |
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264.190. |
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(c) This section may not be construed to limit or restrict |
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the authority of the department to include necessary oversight |
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measures and review processes in a contract under this subchapter |
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to maintain compliance with federal and state requirements. The |
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department retains responsibility for the quality of contracted |
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services and programs and shall ensure that, at a minimum, services |
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are delivered in accordance with applicable state and federal law. |
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(d) A lead entity and its subcontractors must comply with |
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each applicable court order: |
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(1) issued in a suit regarding a child for whom the |
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lead entity or its subcontractors have assumed case management |
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responsibilities; or |
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(2) imposing a requirement on the department that |
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relates to contracted functions assumed by the lead entity or its |
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subcontractors. |
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Sec. 264.192. CONFIDENTIALITY. Subchapter C, Chapter 261, |
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of this code and Chapter 552, Government Code, apply to the records |
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of a lead entity or its subcontractors that relate to the provision |
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of community-based care under the pilot program in the same manner |
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as the records of the department. |
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Sec. 264.193. PRIVILEGED COMMUNICATION. The lead entity |
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and its employees, agents, and representatives are client's |
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representatives of the department for purposes of the |
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attorney-client privilege under Rule 503, Texas Rules of Evidence, |
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as that privilege applies to communications with a prosecuting |
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attorney or other attorney representing the department or that |
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attorney's representative in a proceeding under this subtitle. |
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Sec. 264.194. POST-IMPLEMENTATION INDEPENDENT EVALUATION. |
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(a) The department shall contract with an independent evaluator |
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with expertise in child welfare and the delivery of child welfare |
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services in rural areas to conduct a comprehensive evaluation of |
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the pilot program. The department shall consult with the lead |
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entity and the entities described by Section 264.185(a) when |
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selecting the independent evaluator. |
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(b) The independent evaluator shall assess: |
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(1) the outcomes for children and families receiving |
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services under the program; |
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(2) the cost-effectiveness of the program; |
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(3) the effectiveness of the community-based care |
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approach to providing child welfare services in rural areas; |
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(4) community engagement and satisfaction with the |
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program; |
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(5) program implementation fidelity; and |
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(6) any systemic changes made in provision of child |
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welfare services in the region under the program. |
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(c) The department and the lead entity shall cooperate with |
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the evaluation process and provide the independent evaluator all |
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necessary data and information to conduct the evaluation required |
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by this section. |
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(d) The department, lead entity, and entities described by |
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Section 264.185(a) shall review the independent evaluator's |
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findings under Subsection (b) and develop an action plan to address |
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any areas for improvement identified by the independent evaluator. |
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Sec. 264.195. PROGRAM DEVELOPMENT REPORT. Not later than |
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January 1, 2027, the department shall submit a report to the |
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legislature regarding the pilot program model developed under this |
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subchapter. The department shall implement the pilot program only |
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if the pilot program is sufficiently funded. |
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Sec. 264.196. ANNUAL IMPLEMENTATION REPORT. Not later than |
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December 1, 2028, and annually thereafter, the department shall |
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submit a report to the legislature relating to the implementation |
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of the pilot program that includes: |
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(1) the findings of the independent evaluator under |
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Section 264.194, if applicable, including any recommendations from |
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the independent evaluator for improving and expanding the pilot |
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program; |
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(2) information about each denied waiver under Section |
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264.189, including the reason for denial; and |
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(3) a detailed account of each agreed-upon change |
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order under Section 264.191 that includes an explanation of: |
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(A) the change and the reason for the change; and |
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(B) the cost of funding the change and how the |
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cost was addressed. |
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Sec. 264.197. RULEMAKING. The department may adopt rules |
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necessary to implement this subchapter. |
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Sec. 264.198. PROGRAM REVIEW; EXPIRATION. (a) Not later |
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than September 1, 2031, the legislature shall review the outcomes |
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and effectiveness of the pilot program to determine whether to |
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extend, modify, or conclude the program. |
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(b) This subchapter expires September 1, 2031. |
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SECTION 2. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 513 passed the Senate on |
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March 26, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 513 passed the House on |
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April 29, 2025, by the following vote: Yeas 145, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |