Bill Summary – FastDemocracy

      
            S.B. No. 593
         
               AN ACT
            
            relating to an independent assessment of the Health and Human 
         
            Services Commission's and the Department of Family and Protective 
         
            Services' rules, minimum standards, and contract requirements that 
         
            apply to certain residential child-care providers.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Subchapter B, Chapter 42, Human Resources Code, 
         
            is amended by adding Section 42.027 to read as follows:
         
                   Sec. 42.027.  INDEPENDENT ASSESSMENT.  (a)  Not later than 
         
            March 31, 2024, the commission shall contract with an independent 
         
            entity that has demonstrated expertise in evaluating state child 
         
            welfare systems and conducting statistical and operational 
         
            analysis to conduct an assessment of:
         
                         (1)  the commission's and the department's rules, 
         
            minimum standards, and contract requirements that apply to 
         
            child-placing agencies, residential child-care facilities 
         
            including foster homes, relative caregivers, and adoptive homes; 
         
            and
         
                         (2)  the standards or oversight requirements 
         
            prescribed by law to determine:
         
                               (A)  the relevance of the standard or oversight 
         
            requirement;
         
                               (B)  whether the standard or oversight 
         
            requirement complies with federal laws, rules, or guidelines; and
         
                               (C)  whether the standard or oversight 
         
            requirement is the best practice.
         
                   (b)  Not later than September 30, 2024, or the date of the 
         
            next comprehensive review required under Section 42.042(b), 
         
            whichever occurs first, the independent entity shall complete the 
         
            assessment and submit to the commission and the department a report 
         
            that includes the findings of the assessment and recommendations 
         
            for:
         
                         (1)  simplifying the commission's minimum standards for 
         
            the purposes of:
         
                               (A)  prioritizing the health, safety, and 
         
            well-being of children residing in a residential child-care 
         
            facility including a foster home or the home of a relative caregiver 
         
            or an adoptive parent; and
         
                               (B)  reducing any barriers to opening a 
         
            child-placing agency or a residential child-care facility or 
         
            becoming a relative caregiver, a foster parent, or an adoptive 
         
            parent;
         
                         (2)  adjusting the commission's system for assigning 
         
            weights to minimum standards to ensure that the system is 
         
            methodical, consistent, and reflective of a strategic model for 
         
            increasing the focus on the health, safety, and well-being of 
         
            children residing in a residential child-care facility including a 
         
            foster home or the home of a relative caregiver or an adoptive 
         
            parent, including an explanation of the recommended adjustments;
         
                         (3)  taking into consideration the model licensing 
         
            standards recommended by the Administration for Children and 
         
            Families of the United States Department of Health and Human 
         
            Services, eliminating any minimum standards that are weighted as 
         
            low, medium-low, or medium by the commission and are not directly 
         
            related to child safety;
         
                         (4)  addressing any licensing, training, or oversight 
         
            requirements that are barriers to retaining high-quality 
         
            residential child-care facilities including foster homes, relative 
         
            caregivers, or adoptive parents;
         
                         (5)  updating licensing standards for the purposes of:
         
                               (A)  prioritizing the health, safety, and 
         
            well-being of children residing in a residential child-care 
         
            facility including a foster home or the home of a relative caregiver 
         
            or an adoptive parent; and
         
                               (B)  reducing any barriers to the hiring and 
         
            retention of high-quality leadership, administrators, and staff at 
         
            child-placing agencies and residential child-care facilities;
         
                         (6)  providing maximum flexibility in applying 
         
            standards to ensure that services are provided in response to the 
         
            needs of each individual child residing in a residential child-care 
         
            facility including a foster home or the home of a relative caregiver 
         
            or an adoptive parent;
         
Statutes affected: 
Introduced:  ()
Senate Committee Report:  ()
Engrossed:  ()
House Committee Report:  ()
Enrolled:  ()




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