84th Session of the Texas Legislature

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




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




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



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


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



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



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


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



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


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

84th Session of the Texas Legislature

Documents

Transcript of 84th Session of the Texas Legislature