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A BILL TO BE ENTITLED
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AN ACT
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relating to an independent assessment of the Health and Human |
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Services Commission's rules, minimum standards, and contract |
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requirements that apply to certain residential child-care |
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providers. |
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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       SECTION 1.  Subchapter B, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.027 to read as follows: |
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       Sec. 42.027.  INDEPENDENT ASSESSMENT. (a) Not later than |
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March 31, 2024, the commission shall contract with an independent |
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entity that has demonstrated expertise in evaluating state child |
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welfare systems and conducting statistical and operational |
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analysis to conduct an assessment of: |
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             (1)  the commission's rules, minimum standards, and |
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contract requirements that apply to child-placing agencies, |
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residential child-care facilities, relative caregivers, and |
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adoptive homes; and |
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             (2)  the standards or oversight requirements |
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prescribed by law to determine: |
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                   (A)  the relevance of the standard or oversight |
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requirement; |
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                   (B)  whether the standard or oversight |
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requirement complies with federal laws, rules, or guidelines; and |
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                   (C)  whether the standard or oversight |
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requirement is the best practice. |
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       (b)  Not later than September 30, 2024, or the date of the |
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next comprehensive review required under Section 42.042(b), |
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whichever occurs first, the independent entity shall complete the |
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assessment and submit to the commission and the department a report |
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that includes the findings of the assessment and recommendations |
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for: |
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             (1)  simplifying the commission's minimum standards for |
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the purposes of: |
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                   (A)  prioritizing the health, safety, and |
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well-being of children residing in a residential child-care |
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facility or the home of a relative caregiver or an adoptive parent; |
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and |
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                   (B)  reducing any barriers to opening a |
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child-placing agency or a residential child-care facility or |
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becoming a relative caregiver or an adoptive parent; |
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             (2)  adjusting the commission's system for assigning |
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weights to minimum standards to ensure that the system is |
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methodical, consistent, and reflective of a strategic model for |
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increasing the focus on the health, safety, and well-being of |
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children residing in a residential child-care facility or the home |
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of a relative caregiver or an adoptive parent, including an |
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explanation of the recommended adjustments; |
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             (3)  taking into consideration the model licensing |
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standards recommended by the Administration for Children and |
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Families of the United States Department of Health and Human |
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Services, eliminating any minimum standards that are weighted as |
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low, medium-low, or medium by the commission and are not directly |
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related to child safety; |
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             (4)  addressing any licensing, training, or oversight |
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requirements that are barriers to retaining high-quality |
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residential child-care facilities, relative caregivers, or |
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adoptive parents; |
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             (5)  updating licensing standards for the purposes of: |
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                   (A)  prioritizing the health, safety, and |
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well-being of children residing in a residential child-care |
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facility or the home of a relative caregiver or an adoptive parent; |
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and |
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                   (B)  reducing any barriers to the hiring and |
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retention of high-quality leadership, administrators, and staff at |
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child-placing agencies and residential child-care facilities; |
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             (6)  providing flexibility in applying standards to |
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ensure that services are provided in response to the needs of each |
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individual child residing in a residential child-care facility or |
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the home of a relative caregiver or an adoptive parent; |
Statutes affected:
Introduced: ()
House Committee Report: ()