84th Session of the Texas Legislature
KATHERINE HOWARD BARILLAS, PH.D., DIRECTOR OF CHILD WELFARE POLICY
ONE VOICE TEXAS
So Many Bills....Very Few Statutes
11,356 bills were filed
1,366 were passed
1,324 survived the Governor’s veto
140 Days to Get it Done
File (early file in October; deadline mid-March)
Draft
Correct drafts
Work details out with agencies and stakeholders
Get redrafted
Work out details with agencies and stakeholders (repeat…repeat…)
Get bills scheduled for hearings(in 2015 full calendar of Human Services didn’t occur until March 30th)
Put together testimony and witnesses and visit with committee members
Testify at hearings
Follow up with all committee members to ensure affirmative vote (deadlines early/mid May)
Check in with offices of the Speaker, Governor & Lt. Governor
Get bill moved to Local & Consent/Calendars and visit with members to ensure bill is set quickly
Prepare legislators and check in with advocacy groups if issue could be controversial
On big bills work 150 House members & 31 Senators
In House ensure bill passes two times (2nd & 3rd reading)
In next chamber, get bills scheduled for hearings, prepare testimony & witnesses, visit with committee members, get bill scheduled, testify and get it voted out
Have bill heard in formal meeting, proceed to next step and switch bills out
►Get bill passed in final chamber
►If lone bill and amended, must be returned to previous chamber and amendment must be approved
►Off to Governor
Oh and….
Track and testify on critical budget issues
Answers calls to testify on other bills
Work to change or defeat “bad” bills
Answer calls from legislative staff for information/guidance
Sleep, eat…..
Ethics reformGay marriage
Open carryTaxes
Local controlBorder securityJudicial bypass
SunsetChild welfare
HOT TOPICS THIS SESSION
One Voice Texas Child & Youth Workgroup Agenda Items
Bill # / Companion (Authors/Coauthor)
SPONSOROriginal Committee (2nd chamber)
Subject Final Action
HB 839 (Naishtat | Collier) Rodriguez
Public Health (HHS)JJ/Medicaid Filed w/o signature
HB 679 (Turner | Reynolds)Zaffirini
Human Services (HHS)Homeless Youth Definition and
StudySigned by the Governor
SB 830 / HB 1371(Kolkhorst)
DuttonJJ & Family Issues / Health & Human
Services
Ombudsman Signed by the Governor
Bill # / Companion (Authors/Coauthor)
SPONSOROriginal Committee (2nd chamber)
Subject Final Action
SB 314 (West) / HB 1391 (Burkett/Burns)
State Affairs / JJ & Family IssuesPermanent Managing
ConservatorshipSigned by the Governor
SB 1117 (Zaffirini) / HB 843 (Naishtat)
Human Services / HHSHousing planning/prep Signed by the Governor
Bill # / Companion (Authors/Coauthor)
SPONSOROriginal Committee (2nd chamber)
Subject Final Action
HB 3575 (Sylvester Turner)JJ & Family Issues / HHS
TANF (removal of car from 1 time grandparent payment) DEAD
HB 807 (Dukes)Juvenile Justice & Family Issues Kin Affidavit DEAD
SB 1311 (West) / HB 3337 (Burkett)Kin Benefit Timing DEAD
HB 3589 (Sylvester Turner) / SB 1643; 1645 (West);
HB 3859 (Allen) / SB 1321 (Menendez)
TANF ($1,000 & car); TANF (asset, cap, expenses)
DEAD
Other New Laws from the 84th Session
JUVENILE JUSTICE
SEALING RECORDS TRAININGHB 263
Miles, Guillen / Huffman
juvenile court shall order sealing of juvenile records if child found to have engaged in delinquent conduct;
Juvenile doesn’t have to make own motion
prosecuting attorney must be given reasonable notice and attorney may request a hearing
HB 2372Dutton / Whitmire
competency based training for juvenile correction officers must include 240hrs (up from 300) within first year of employment with at least 240 before the officer independently commences duties
HB 2398 – DECRIMINALIZING TRUANCYWhite, J., Reynolds; Whitmire (West)
removes truancy from Code of Criminal Procedure;
raises age of mandatory attendance to 19 (from 18);
parent fines set at $100 for 1st offense and up to $500 for 5th or subsequent offense; court costs at $50
may only be prosecuted as a civil case in truancy court; petition cannot be filed after 45th day after last absence;
child must be present at hearing;
employer cannot terminate job b/c individual required to attend hearing;
if failed to obey two more times then can refer to Juvenile Probation
SB 1630 – KEEPING KIDS IN THE COMMUNITY Whitmire / Turner of Harris
regional plans for keeping children out of secured facilities; including EBP & outcomes;
plan should include redirection of staff and budget and outcomes to divert 30 juveniles from secure facilities by 9/1/15 and 150 by 9/1/16;
legislature may not offset appropriations because of savings;
commit a child who committed a felony offense to TJJD w/o a determinate sentence if the court makes a special finding the child has behavioral or other needs that cannot be met w/ community resources;
adds purview over post-adjudication correctional facilities to ombudsman office; any other residential facility where children with CINS or other delinquent conduct are placed
CHILD WELFARE
HB 189 – STATUTE OF LIMITATIONS ON SEXUAL ASSAULT Thompson, S., Moody, Guillen, Rose / Taylor, V.
increases for sexual assault of a child and aggravated sexual assault of a child (including trafficking);
indecency with a child from 5 to 15yrs;
suit for personal injury must be brought no later than 5yrs after the day the cause of action accrues
for aggravated sexual assault, trafficking of persons and compelling prostitution there is no limitation if probable cause exists to believe that the defendant has committed the same or similar offense against 5 or more victims
HOMELESS YOUTH
CHURCH SHELTER RESOURCESHB 1558
Parker / Hancock
A municipality may not adopt an ordinance, or enforce an existing ordinance, that prohibits a church from providing overnight shelter for children 17 years of age and younger unless it applies to safe and sanitary operation of a homeless shelter for children or establishing limits on the number of nights a child may use and the number of children that can be housed in the shelter per night.
HB 1559Parker, Minjarez; Taylor, L.
requires schools that have a webpage to post information re: services for homeless youth/families unless have enrollment of less than 3K students and is primarily located in a county w/ population of less than 50K
SB 1494 – HOMELESS STUDENTSUresti (Rodriguez, West); Turner, C.
amends the Education Code to add students who are homeless to provisions regarding supporting education needs of youth in foster care;
requires a school district from which an 11th or 12th grade student transfers to provide for the student’s graduation if that is not possible in the new school;
Requires transfer of records by 10th day student is in new school;
if the student meets the graduation requirements of that district but is ineligible to graduate from the district to which the student transfers, to award a diploma at the student's request;
the bill's provisions apply beginning with the 2015–2016 school year
FOSTER CARE
TRAININGSTAYING TOGETHERHB 781
Burkett, Naishtat / Perry (Zaffirini)
Requires DFPS to identify and evaluate the training and assessments used for potential foster parents; includes establishing performance outcomes and monitoring effectiveness; min of 35 required hours of competency-based preservice training (doesn't include kinship caregivers, PCA or adoptive placements
HB 1781Bonnen, Miles, Sheets; Taylor, L.
sibling of a child who is separated as result of DFPS action can file an original suit requesting access to a child's siblings regardless of age of the sibling; court shall expedite this type of suit
HB 2053 – COLTON’S LAWFarney, Craddick, Thompson, S., Burkett (Ashby, Capriglione, Cook, Kacal, King, K., Huempel, Leach, Phelan, Price, Rodriguez, E., Rose, Simmons, VanDeaver, Villalba, White, J., Workman); Schwertner (Campbell, Taylor, V., Uresti)
Any time during a Priority One (P1) investigation, if DFPS is unable to locate the child or the family, DFPS shall notify DPS;
Requires DPS to maintain a child safety check alert list for locating child/family and providing protective services if necessary; otherwise, if DFPS can't locate for not more than 20 days;
info that must be provided as part of alert (SS #, personal descriptions etc.); yearly report required;
if DPS locates they shall immediately contact DFPS, investigate situation; may temporarily detain the child or other person to ensure safety/well-being; may take temp possession w/o court order if child endangered
HB 2630 – EB PARENTING CLASSESThompson, S; Uresti
if available, requires department parenting programs to be Evidence Based;
75% of money to be spent in this category with the rest spent on promising practice; defines both categories at highest levels of EB Practice;
requires DFPS to adopt outcome indicators and PEI to develop a 5yr strategic plan;
establishes outcomes of EB practice that must include improvement in at least 2 areas (cognitive development school readiness, reduced child maltreatment; child safety, social-emo development; parenting skills, parent involvement and support; reduced parental involvement with criminal justice;
requires DFPS sharing info with programs to help them improve
HB 3003 – BETTER LEGAL REPRESENTATIONThompson, S. / Garcia, S.
defines office of child or parent representation as an entity that uses public $ to provide legal rep and services for a child in a DFPS suit;
may be government entity or non-profit; two counties can enter into an agreement; office must be headed by chief counsel who is member of State Bar of TX, practiced for at
least 3 years and has substantial experience in child welfare law; those employed by office cannot engage in private practice re: child welfare; outlines
specific duties; outlines provisions for establishing a managing assigned counsel program and how judges
shall make appointments (from list approved by PD or review committee)
ASSESSMENTS NORMALCY SB 125
West (Zaffirini); Naishtat
assessment within 45 days of coming into care;
assessment to include trauma screening, interviews with individuals who know child;
DFPS shall develop guidelines on content of assessments
SB 1407welfare Schwertner (Campbell, Kolkhorst, Uresti); Dukes
child review efforts to provide age-appropriate normalcy activities at each permanency hearing;
defines reasonable and prudent parent; lays out immunity from liability and adverse
action from DFPS; require training on why important and how to
make decisions
SB 949 – TRACKING CHILD DEATHSUresti / Menendez, Naishtat
In cases where a child died or had a critical injury that could have resulted in death, all investigative information not protected by federal law shall be released including if DFPS determined the death or injury resulted from maltreatment;
any criminal charges filed, any FBSS services provided and if they were accepted or denied;
shall produce a yearly report on fatalities and put on Internet; at least 1x every 10yrs DFPS must use the information to provide guidance for policy changes
SB 1889 – RELINQUISHMENTZaffirini (Perry); Burkett, Raymond
cannot disclose name of person in register if finding based just on relinquishment due to SED and person has exhausted all reasonable means to obtain mental health services for child;
cannot enter into agreement with state or feds for same reason;
report to legislature: # of persons DFPS offered JMC and number who have JMC, kids who were diverted to another agency for services;
names entered in registry only because of SED RAPR;
must talk to parents about JMC unless not in child's best interest;
DFPS shall adopt rules for reviewing cases and removing names from the registry
A FEW WINS FOR SOCIAL WORKERS
SB 378 Rodríguez
Adds liability protection language for social workers who volunteer with charitable organizations and during state disasters
SB 239 Schwertner
Loan repayment structure including psychiatrists, LPC, advance practice nurse (board cert in psychiatry or mental health nursing) & LCSW
% of loan payoff based on number of years serving in a shortage area and serving individuals on CHIP, Medicaid, or in TJJD or TDCJ.
MISSED OPPORTUNITIES
HB 71 Gonzalez, M., Reynolds, Collier, Moody (Minjarez
Sought to remove "and of the opposite sex" from Romeo and Juliet law in order to ensure the law also applies to same sex couples (failed to pass to engrossment)
HB 537 Anchia, Israel, Coleman, Naishtat, Gonzalez, M (Alonzo, Farrar, Howard, Lucio III, Rose, Turner, C., Walle, Wu)
Would have changed signature lines of supplementary birth certificate of an adopted child back to parent and parent instead of mother and father (died on General State Calendar)
MISSED OPPORTUNITIES
SB 492 Whitmire, Rodriguez
Would have improved the “Romeo/Juliet” statute by removing "and of the opposite sex" (died in committee)
HB 1268 Frank, Burkett, Raymond, Rose, Price
Would have changed current policy so that regardless of type or # of hours requested, DFPS shall provide monetary assistance for child care upon receipt of verification HS/HHS (died in Senate committee)
SB 1524 West
Would have access to extended ACA Medicaid benefits to youth who aged out in another state (but now live in TX) and those who were in TX through an ICPC (died in committee)
BETTER LEFT ON THE CHOPPING BLOCK
HB 3864 Sanford, Krause, Miller, R., Keough, Riddle (Bonnen, G., Hughes, Leach, White, J.)
religious freedom/protection (original bill died in Calendars; attempted amendment to SB 206 failed)
SB 54 Nelson (Campbell, Huffines, Nichols)
drug testing for TANF recipients; screening at application - if suggestive then test, if + refer to DFPS and enact penalties re: applying for TANF (died in committee)
SUNSET
DEPARTMENT OF FAMILY & PROTECTIVE SERVICES
EDUCATION
If student leaves conservatorship they don’t have to move schools
Excused absence from school for any activity DFPS deems appropriate or is in service plan
Child who exits conservatorship & is returned to the child’s parent (even with Termination of Parental Rights) may be exempt from the payment of tuition and fees if DFPS determines the child is eligible (Exec. Commissioner will determine these rules)
If home schooling is requested, DFPS shall allow unless: limited by court order/federal law in making decision or through good cause can show it would not be in the child’s best interest
ADOPTION
DFPS may modify the form & contents of the health, social, ed., & genetic history report as determined by relationship b/w prospective adoptive parent & child or child’s birth family, provision of the child’s case record or other factors determined by rule; DFPS may provide the whole record, but is required to if prospective adoptive parents request
DFPS shall administer a program to provide adoption assistance for eligible children (changed from shall enter into adoption assistance agreements)
$150/mo health care subsidy for post-adoption from shall to may (there only for kids who don’t qualify for CHIP/Medicaid)
Change Family Code section that assigns responsibility for review of staff or policy to immediately supervisor to Office of Consumer Affairs
KINSHIP
Background and criminal history checks + preliminary evaluation must take place before the child is placed with a relative and DFPS shall begin the full home study within 48hrs of placement
Must conduct study on relative placements and extending authorization agreements to non-relatives
When the court considers granting DFPS PMC, the judge must consider a child’s continuous expressed desire not to be adopted; bill removed consideration that a child’s medical/behavioral needs make adoption unlikely
Expands data collected by county (including timelines of initiating investigation, # of kids with SED and parents in these cases granted JMC etc.)
Shall develop assessment for placement of kids (12/1/16)
Youth (16+) must be given certified copy and copy of birth certificate
REDESIGN
Develop & maintain a plan for implementing Redesign including expectations, goals and approach to implementation; timeline for state, limitations related to implementation and program intervention plan and contingency if SSCC contract ends prematurely
Delineate and define case management roles and responsibility of DFPS, SSCC duties and related funding as well as training needs
Plan for evaluating costs and tasks associated with each procurement including initial and ongoing costs for DFPS and the SSCC
Plan for contract monitoring approach and independent evaluation of process and outcomes
Report on transition issues (legacy to redesign)
AND…JUST A FEW MORE CHANGES
Prevention & Early Intervention Develop 5yr strategic plan and develop new plan by 9/1 of last year
of plan; must include how to leverage other sources of funding, community needs assessment, goals, priorities and results and methods for collaboration
DFPS Council will be abolished and executive commissioner shall adopt rules regarding development of advisory group; must include young adults who aged out of foster care and biological parents (who worked their plans/kids were returned)
Must have yearly business plan with persons who are responsible, tasks and deliverables; resources needed to accomplish outcomes
Licensing Transferred to TX Department of Licensing & Regulation
Removed specific licensing fees to give executive commissioner more flexibility in setting them (9/1/16)
Requires development methodology behind evaluation, probation, suspension and revocation of licensing
DEPARTMENT OF STATE HEALTH SERVICES
DSHS Administration & enforcement transferred to TX Department of Licensing &
Regulation and rulemaking authority to Texas Commission of Licensing & Regulation Existing association boards and committees transferred as advisory boards at
TDLR Transfers during biennium ending with 8/31/17 Health related (i.e. radiology techs) regulatory programs transferred to TX
Medical Board (8/31/19)
DSHS & TDLR must develop a transition plan including creating a health professions division to ensure TDLR develops necessary health related expertise
Removes state involvement in licensing, permitting and certification of registration; requires reporting to local law enforcement/health dept.
Required to work with Court of Criminal Appeals to develop training to inform judiciary about alternatives to inpatient mental health treatment
Integrate mental health and substance abuse hotlines, screenings etc.
Strategic review of all contracting processes of behavioral health services
Create public health action plan w/ regional goals and strategies (11/30/16)
EMS:Must have physical location for business to obtain license
Provider must show proof of ownership/long-term lease for all necessary equipment
Provides authority for DSHS to take disciplinary action against providers
Make available detailed statistical information on complaints against EMS licensees
HEALTH AND HUMAN SERVICES SYSTEM CONSOLIDATION
Agencies are abolished and combined into functions/divisions: Required divisions include:
medical/social services; regulatory; administration, facilities (i.e. administration of SSLCs); other divisions can be established by executive commissioner
PHASE I Transfer: DARS, HHSC Council on Aging & Disability Services Council; Assistive & Rehabilitative Services Council, FPS Council, SHS Council, Office of Prevention of Developmental Disabilities; TX Council on Autism & Pervasive Developmental Disorders
Nurse Family Partnership from HHSC & PPI and PADRE from DSHS moved to Prevention and Early Intervention Division of DFPS as well as other prevention programs related to prevention of domestic violence and parenting education
Client services of DADS, DFPS (CCL) and DSHS
Legislative oversight committee to oversee transition (selections from House, Senate and Governor appointment; hearings will be conducted across the state)
Office of Policy & Performance will be established in Executive Commissioner’s office Will take the lead in implementing major policy changes and be a centralized
body for policy development and evaluation of outcomes
Ombudsman’s Office Except for SSLC and long-term care – all individual offices will be
abolished / functions transferred Specific position within office for children & youth in foster care
(established by SB 830)
Advisory Councils will be abolished except for the following: Interagency Coordinating Group for Faith & Community Based Initiatives will
remain (HHSC admin support will be removed); Texas Non-Profit Council will remain (Governor vs. HHSC will appoint); Medical Care Advisory Committee will remain
Executive Commissioner required to establish and maintain advisory committees across all major areas of the HHS systemWill be required to submit reports & policy recommendations to Executive
Advisory Council & Legislature
Executive Advisory Council will be established and include executive commissionerMeetings must be available on InternetRequirements for public inputExec Commissioner can develop others
Advisory Councils continued…. Pharmaceutical & Therapeutics Committee & Drug Utilization Review
Board will be combined Executive Advisory Council will be established and include executive
commissionerMeetings must be available on InternetRequirements for public inputExec Commissioner can develop others
HHSC required to develop/implement a statewide effort to assist Medicaid recipients in avoiding lapses in coverage
BUDGET (2016-2017 biennium)(GR=general revenue; AF=total of GR + other sources of funding)
Office of Court AdministrationChild Protection Courts = $8.7 4 new CPC courts + support and assistance to CPCs = $1.8
Health & Human Services Commission Home Visiting $8m (GR) Nurse Family Partnership 5.4m
Early Childhood Intervention (DARS) = $3 Medically Dependent Children (DADS) = $89.6 OAG Victim’s Assistance (CASA/CAC) = $66
DSHSChildren with Special Health Care Needs = $87.6Women and Children’s Health Services = $154m
DFPS Every strategy received above the Legislative Appropriations Request except
post-adoption
Overall Budget (from last biennium): 22% increase in general revenue (GR) & 12% in All Funds; 3.34% increase in
FTEs for 2016 and 4.5% in 2017
Foster Care Rates:5.1% increase for Child Placing Agencies (weighted across service levels);
9.58% for specialized level.3% for residential treatment centers6% for emergency shelters
$200K was appropriated to DFPS to regional youth leadership specialists and youth specialist activities for the biennium.
Change from ‘14-’15 AppropriationSTRATEGY % INCREASE / DECREASE
Intake 9
CPS Direct Delivery Staff 15
Program Support -5.4
TWC Contracted Day Care 17
Adoption Purchased Services 52.3
Post-Adoption Purchased Services -1.4
PAL Purchased Services 1
Substance Abuse Purchased Services 62.3
Other Purchased Services 47.4
Foster Care Payments 7.4
Adoption & PCA Payments 13.5
Relative Caregiver Payments 5.6
DFPS EXCEPTIONAL ITEMS
Item General Revenue (GR)
All Funds (AF) FTEs Difference from Requested
Forecastedcaseload growth
in adoption subsidies and PCA
.7 1.8 0 -6.7m
Forecastedcaseload growth in relative & other
designated caregiver program
2.4 2.8 0
Protective day care
8.5 8.6 0
Other CPS purchased services
16 16 0 +.4
Update to 10yr old automated call
distribution system
1.4 3 0
Item General Revenue (GR)
All Funds (AF) FTEs Difference from Requested
Refresh 4/5yr old smart phones
(10,000 phones)
1.5 1.8 0 -1.9
IMPACT enhancements &
Caseworker Support Centers
25.7 32.5 96.2 -13.2
Improve recruiting & hiring
practices
1 2.2 7.1
Mentoring & training
1.9 5.6 Part of 7.1
Increase onlinetraining & learning
.4 .8 Part of 7.1 Equal to request
Item General Revenue (GR)
All Funds (AF) FTEs Differenence from Requested
Office of Child Safety
.8 2.1 20.3 -1.2
Up-to-datecriminal
background checks
1.9 2.7 0 Equal to requested
amount
Project HOPES 19 19.1 6.1
Community Based
Purchased Services
.5 .5 Part of 6.1
Services to military families
3.2 3.2 Part of 6.1
Item General Revenue (GR)
All Funds (AF) FTEs Difference from Requested
Data matching between DFPS &
DSHS to automate
Family InquiryNetwork
Database Research
System
1.2 1.3 Part of 6.1
PEI Databases 3.3 3.3 Part of 6.1 -11.4
Master investigators
and conservatorship
workers (high vacancy and high volume
areas)
4.2 6.3 42.7 -1.2
Item General Revenue (GR)
All Funds (AF) FTEs Difference from Requested
Increase RCCL capacity
6.5 8.3 60.9
Improving RCCL fee collection
.3 .3 0
Automation of RCCL
enforcement team
conferences
.8 .8 0 -.1
Worker SafetyOffice
.3 .6 0
Day Care Licensing Parity (increase entry
level pay)
.7 .7 0
Pay downovertime
3.4 9.2 0 -.1
Item General Revenue (GR)
All Funds (AF) FTEs Difference from
RequestedPAL seminars (20 re: aging out) & conferences (2 per region); Youth Leadership
Council meetings;
ETV Program
1.3 1.3 0 +.7
Data Decision & Support Division
.5 1.2
21.4
-7.2
Complex investigation analysis
.9m 1m
Redesign 6.7 6.9 2 -4.3
Compliance with CCDBGA 7.8 9 21.9 (2016)/ 55.1 (2017)
-9.1
Item General Revenue (GR) All Funds (AF) FTEs Difference from
RequestedContinuous monitoring of
health & welfare of individuals receiving
Medicaid & HCBS
2.5 3.3 27.9 Equal to requested
Maintain compliance w/ the Preventing Sex Trafficking & Strengthening Families Act / Transition planning lowered
to age 14
3.2 7.3 14.8 -7.4
Improve records management & access
3 6.6 67.2 Equal to requested
Item General Revenue (GR)
All Funds (AF) FTEs Difference from Requested
6 staff across communications, consumer affairs,
community engagement,
media relations & grant coordination
.5 .9 0
-1.1
Community Youth Development
2.5 2.5 1
Prevention campaigns
2 2 1
Sub acute inpatient treatment
4.2 4.2 0
CANS assessmenttool
.6 .6 3.1
Item General Revenue (GR)
All Funds (AF) FTEs
24hr rate proposals 9.9 25 0
Performance based merit pay $1,250 to
25% of CPS employees)
6.4 7.4 0
CASA family funding .5 .5 0
Resources for PCSP 4.5 5 30.3
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