reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.125. Age-Appropriate Normalcy Activities; Standard of Care

Sec. 264.125.  AGE-APPROPRIATE NORMALCY ACTIVITIES; STANDARD OF CARE.  (a)  The department shall use its best efforts to normalize the lives of children in the managing conservatorship of the department by allowing substitute caregivers, without the department's prior approval, to make decisions similar to those a parent would be entitled to make regarding a child's participation in age-appropriate normalcy activities.
(b)  In determining whether to allow a child in the managing conservatorship of the department to participate in an activity, a substitute caregiver must exercise the standard of care of a reasonable and prudent parent.
(c)  The department shall adopt and implement policies consistent with this section promoting a substitute caregiver's ability to make decisions described by Subsection (a).  The department shall identify and review any departmental policy or procedure that may impede a substitute caregiver's ability to make such decisions.
(d)  The department shall require licensed child placing agency personnel, residential child care licensing staff, conservatorship caseworkers, and other persons as may be determined by the department to complete a course of training regarding:
(1)  the importance of a child's participation in age-appropriate normalcy activities and the benefits of such activities to a child's well-being, mental health, and social, emotional, and developmental growth; and
(2)  substitute caregiver decision-making under the standard of care of a reasonable and prudent parent.
Added by Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.128. Single Child Plan of Service Initiative

Sec. 264.128.  SINGLE CHILD PLAN OF SERVICE INITIATIVE.  (a)  In this section, "community-based care" has the meaning assigned by Section 264.152.
(b)  In regions of the state where community-based care has not been implemented, the department shall:
(1)  collaborate with child-placing agencies to implement the single child plan of service model developed under the single child plan of service initiative; and
(2)  ensure that a single child plan of service is developed for each child in foster care in those regions.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 17(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.130. Pregnancy and Parenting Information

Sec. 264.130.  PREGNANCY AND PARENTING INFORMATION.  The department at developmentally appropriate stages shall ensure that children in the managing conservatorship of the department who are pregnant or who are minor parents receive information on and support in providing safe environments for children, including information and support regarding:
(1)  safe sleeping arrangements;
(2)  suggestions for childproofing potentially dangerous settings in a home;
(3)  child development and methods to cope with challenging behaviors;
(4)  selection of appropriate substitute caregivers;
(5)  a child's early brain development, including the importance of meeting an infant's developmental needs by providing positive experiences and avoiding adverse experiences;
(6)  the importance of paternal involvement in a child's life and methods for coparenting;
(7)  the benefits of reading, singing, and talking to young children;
(8)  the importance of prenatal and postpartum care for both the mother and infant, including the impact of and signs for perinatal mood disorders;
(9)  infant nutrition and the importance of breastfeeding; and
(10)  healthy relationships, including the prevention of intimate partner violence.
Added by Acts 2019, 86th Leg., R.S., Ch. 1033 (H.B. 475), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.151. Legislative Intent

Sec. 264.151.  LEGISLATIVE INTENT.  (a)  It is the intent of the legislature that the department contract with community-based nonprofit and local governmental entities that have the ability to provide child welfare services.  The services provided by the entities must include direct case management to ensure child safety, permanency, and well-being, in accordance with state and federal child welfare goals.
(b)  It is the intent of the legislature that the provision of community-based care for children be implemented with measurable goals relating to:
(1)  the safety of children in placements;
(2)  the placement of children in each child's home community;
(3)  the provision of services to children in the least restrictive environment possible and, if possible, in a family home environment;
(4)  minimal placement changes for children;
(5)  the maintenance of contact between children and their families and other important persons;
(6)  the placement of children with siblings;
(7)  the provision of services that respect each child's culture;
(8)  the preparation of children and youth in foster care for adulthood;
(9)  the provision of opportunities, experiences, and activities for children and youth in foster care that are available to children and youth who are not in foster care;
(10)  the participation by children and youth in making decisions relating to their own lives;
(11)  the reunification of children with the biological parents of the children when possible; and
(12)  the promotion of the placement of children with relative or kinship caregivers if reunification is not possible.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.152. Definitions

Sec. 264.152.  DEFINITIONS.  Except as otherwise provided, in this subchapter:
(1)  "Alternative caregiver" means a person who is not the foster parent of the child and who provides temporary care for the child for more than 12 hours but less than 60 days.
(2)  "Case management" means the provision of case management services to a child for whom the department has been appointed temporary or permanent managing conservator or to the child's family, a young adult in extended foster care, a relative or kinship caregiver, or a child who has been placed in the catchment area through the Interstate Compact on the Placement of Children, and includes:
(A)  caseworker visits with the child;
(B)  family and caregiver visits;
(C)  convening and conducting permanency planning meetings;
(D)  the development and revision of child and family plans of service, including a permanency plan and goals for a child or young adult in care;
(E)  the coordination and monitoring of services required by the child and the child's family;
(F)  the assumption of court-related duties regarding the child, including:
(i)  providing any required notifications or consultations;
(ii)  preparing court reports;
(iii)  attending judicial and permanency hearings, trials, and mediations;
(iv)  complying with applicable court orders; and
(v)  ensuring the child is progressing toward the goal of permanency within state and federally mandated guidelines; and
(G)  any other function or service that the department determines necessary to allow a single source continuum contractor to assume responsibility for case management.
(3)  "Catchment area" means a geographic service area for providing child protective services that is identified as part of community-based care.
(4)  "Community-based care" means the provision of child welfare services in accordance with state and federal child welfare goals by a community-based nonprofit or a local governmental entity under a contract that includes direct case management to:
(A)  prevent entry into foster care;
(B)  reunify and preserve families;
(C)  ensure child safety, permanency, and well-being; and
(D)  reduce future referrals of children or parents to the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 6, eff. June 14, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.153. Community-Based Care Implementation Plan

Sec. 264.153.  COMMUNITY-BASED CARE IMPLEMENTATION PLAN.  (a)  The department shall develop and maintain a plan for implementing community-based care.  The plan must:
(1)  describe the department's expectations, goals, and approach to implementing community-based care;
(2)  include a timeline for implementing community-based care throughout this state, any limitations related to the implementation, and a progressive intervention plan and a contingency plan to provide continuity of the delivery of foster care services and services for relative and kinship caregivers if a contract with a single source continuum contractor ends prematurely;
(3)  delineate and define the case management roles and responsibilities of the department and the department's contractors and the duties, employees, and related funding that will be transferred to the contractor by the department;
(4)  identify any training needs and include long-range and continuous plans for training and cross-training staff, including plans to train caseworkers using the standardized curriculum created by the human trafficking prevention task force under Section 402.035(d)(6), Government Code, as that section existed on August 31, 2017;
(5)  include a plan for evaluating the costs and tasks associated with each contract procurement, including the initial and ongoing contract costs for the department and contractor;
(6)  include the department's contract monitoring approach and a plan for evaluating the performance of each contractor and the community-based care system as a whole that includes an independent evaluation of each contractor's processes and fiscal and qualitative outcomes; and
(7)  include a report on transition issues resulting from implementation of community-based care.
(b)  The department shall annually:
(1)  update the implementation plan developed under this section and post the updated plan on the department's Internet website; and
(2)  post on the department's Internet website the progress the department has made toward its goals for implementing community-based care.
Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 57, eff. September 1, 2015.
Transferred, redesignated and amended from Family Code, Section 264.126 by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(b), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.154. Qualifications of Single Source Continuum Contractor; Selection

Sec. 264.154.  QUALIFICATIONS OF SINGLE SOURCE CONTINUUM CONTRACTOR; SELECTION.  (a)  To enter into a contract with the commission or department to serve as a single source continuum contractor to provide services under this subchapter, an entity must be:
(1)  a nonprofit entity that has:
(A)  an organizational mission focused on child welfare; and
(B)  a majority of the entity's board members residing in this state; or
(2)  a governmental entity.
(b)  In selecting a single source continuum contractor, the department shall consider whether a prospective contractor for a catchment area has demonstrated experience in providing services to children and families in the catchment area.
(c)  The department shall request local stakeholders in a catchment area, including those listed in Section 264.155(a)(8), to provide any necessary information about the catchment area that will assist the department in:
(1)  preparing the department's request for bids, proposals, or other applicable expressions of interest to provide community-based care in the catchment area; and
(2)  selecting a single source continuum contractor to provide community-based care in the catchment area.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 7, eff. June 14, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.156. Readiness Review Process for Community-Based Care Contractor

Sec. 264.156.  READINESS REVIEW PROCESS FOR COMMUNITY-BASED CARE CONTRACTOR.  (a)  The department shall develop a formal review process to assess the ability of a single source continuum contractor to satisfy the responsibilities and administrative requirements of delivering foster care services and services for relative and kinship caregivers, including the contractor's ability to provide:
(1)  case management services for children and families;
(2)  evidence-based, promising practice, or evidence-informed supports for children and families; and
(3)  sufficient available capacity for inpatient and outpatient services and supports for children at all service levels who have previously been placed in the catchment area.
(b)  As part of the readiness review process, the single source continuum contractor must prepare a plan detailing the methods by which the contractor will avoid or eliminate conflicts of interest.  The department may not transfer services to the contractor until the department has determined the plan is adequate.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021.
(d)  If after conducting the review process developed under Subsection (a) the department determines that a single source continuum contractor is able to adequately deliver foster care services and services for relative and kinship caregivers in advance of the projected dates stated in the timeline included in the contract with the contractor, the department may adjust the timeline to allow for an earlier transition of service delivery to the contractor.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.157. Expansion of Community-Based Care

Sec. 264.157.  EXPANSION OF COMMUNITY-BASED CARE.  (a)  Not later than the last day of the state fiscal biennium, the department shall:
(1)  identify the catchment areas in the state where the department will implement community-based care; and
(2)  following the implementation of community-based care services in those catchment areas, retain an entity based in this state that is independent of the department to conduct an evaluation of the implementation process and the single source continuum contractor performance in each catchment area.
(b)  Notwithstanding the process for the expansion of community-based care described in Subsection (a), the department shall accept and evaluate unsolicited proposals from entities based in this state to provide community-based care services in a geographic service area where the department has not implemented community-based care. An entity that submits a proposal to provide community-based care services must ensure that it meets all criteria outlined by this subchapter and must demonstrate established connections to the area the entity proposes to serve. The Health and Human Services Commission in conjunction with the department shall adopt rules to ensure that proposals submitted under this subsection comply with state procurement laws and rules.
(c)  In expanding community-based care, the department may change the geographic boundaries of catchment areas as necessary to align with specific communities or to enable satisfactory unsolicited proposals for community-based care services to be accepted and implemented.
(d)  The department shall ensure the continuity of services for children and families during the transition period to community-based care in a catchment area.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 9, eff. June 14, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.158. Transfer of Case Management Services to Single Source Continuum Contractor

Sec. 264.158.  TRANSFER OF CASE MANAGEMENT SERVICES TO SINGLE SOURCE CONTINUUM CONTRACTOR.  (a)  In each initial catchment area where community-based care has been implemented or a contract with a single source continuum contractor has been executed before September 1, 2017, the department shall transfer to the single source continuum contractor providing foster care services in that area:
(1)  the case management of children, relative and kinship caregivers, and families receiving services from that contractor; and
(2)  family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family for the period of time ordered by the court.
(b)  The commission shall include a provision in a contract with a single source continuum contractor to provide foster care services and services for relative and kinship caregivers in a catchment area to which community-based care is expanded after September 1, 2017, that requires the transfer to the contractor of the provision of:
(1)  the case management services for children, relative and kinship caregivers, and families in the catchment area where the contractor will be operating; and
(2)  family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family.
(c)  The department shall collaborate with a single source continuum contractor to establish an initial case transfer planning team to:
(1)  address any necessary data transfer;
(2)  establish file transfer procedures; and
(3)  notify relevant persons regarding the transfer of services to the contractor.
(d)  A single source continuum contractor may implement its own procedures to execute the department's statutory duties the contractor assumes and is not required to follow the department's procedures to execute the assumed department duties.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 10, eff. June 14, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.159. Data Access and Standards Governance Council

Sec. 264.159.  DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL.  (a)  The department shall create a data access and standards governance council to develop protocols for the interoperable electronic transfer of data from single source continuum contractors to the department to allow the contractors to perform case management functions and additional contracted services by the department.
(b)  The council shall develop protocols for the access, management, and security of case data that is electronically shared between a single source continuum contractor and the department.
(c)  The council shall develop protocols for the access, management, and security of data shared with an independent entity retained to conduct the independent evaluations required under this subchapter. The protocols shall ensure the entity has full, unrestricted access to all relevant data necessary to perform an evaluation.
(d)  The council consists of single source continuum contractors with active contracts and department employees who provide data, legal, information technology, and child protective services.  The council shall meet at least quarterly during each calendar year.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 11, eff. June 14, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.160. Liability Insurance Requirements

Sec. 264.160.  LIABILITY INSURANCE REQUIREMENTS.  A single source continuum contractor and any subcontractor of the single source continuum contractor providing community-based care services shall maintain minimum insurance coverage, as required in the contract with the department, to minimize the risk of insolvency and protect against damages.  The executive commissioner may adopt rules to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.161. Statutory Duties Assumed by Contractor

Sec. 264.161.  STATUTORY DUTIES ASSUMED BY CONTRACTOR.  Except as provided by Section 264.163, a single source continuum contractor providing foster care services and services for relative and kinship caregivers in a catchment area must, either directly or through subcontractors, assume the statutory duties of the department in connection with the delivery of foster care services and services for relative and kinship caregivers in that catchment area.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.162. Review of Contractor Performance

Sec. 264.162.  REVIEW OF CONTRACTOR PERFORMANCE.  The department shall develop a formal review process to evaluate a single source continuum contractor's implementation of placement services and case management services in a catchment area.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.163. Continuing Duties of Department

Sec. 264.163.  CONTINUING DUTIES OF DEPARTMENT.  In a catchment area in which a single source continuum contractor is providing family-based safety services or community-based care services, legal representation of the department in an action under this code shall be provided in accordance with Section 264.009.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.164. Confidentiality

Sec. 264.164.  CONFIDENTIALITY.  (a)  The records of a single source continuum contractor relating to the provision of community-based care services in a catchment area are subject to Chapter 552, Government Code, in the same manner as the records of the department are subject to that chapter.
(b)  Subchapter C, Chapter 261, regarding the confidentiality of certain case information, applies to the records of a single source continuum contractor in relation to the provision of services by the contractor.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.165. Notice Required for Early Termination of Contract

Sec. 264.165.  NOTICE REQUIRED FOR EARLY TERMINATION OF CONTRACT.  (a)  A single source continuum contractor may terminate a contract entered into under this subchapter by providing notice to the department and the commission of the contractor's intent to terminate the contract not later than the 60th day before the date of the termination.
(b)  The department may terminate a contract entered into with a single source continuum contractor under this subchapter by providing notice to the contractor of the department's intent to terminate the contract not later than the 30th day before the date of termination.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.166. Contingency Plan in Event of Early Contract Termination

Sec. 264.166.  CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT TERMINATION.  (a)  In each catchment area in which community-based care is implemented, the department shall create a contingency plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the single source continuum contractor providing foster care services in that catchment area.
(b)  To support each contingency plan, the single source continuum contractor providing foster care services in that catchment area, subject to approval by the department, shall develop a transfer plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the department.  The contractor shall submit an updated transfer plan each year and six months before the end of the contract period, including any extension.  The department is not limited or restricted in requiring additional information from the contractor or requiring the contractor to modify the transfer plan as necessary.
(c)  If a single source continuum contractor gives notice to the department of an early contract termination, the department may enter into a contract with a different contractor for the sole purpose of assuming the contract that is being terminated.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.167. Attorney-Client Privilege

Sec. 264.167.  ATTORNEY-CLIENT PRIVILEGE.  An employee, agent, or representative of a single source continuum contractor is considered to be a client's representative of the department for purposes of the privilege under Rule 503, Texas Rules of Evidence, as that privilege applies to communications with a prosecuting attorney or other attorney representing the department, or the attorney's representatives, in a proceeding under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.168. Review of Contractor Recommendations by Department

Sec. 264.168.  REVIEW OF CONTRACTOR RECOMMENDATIONS BY DEPARTMENT.  (a)  Notwithstanding any other provision of this subchapter governing the transfer of case management authority to a single source continuum contractor, the department may review, approve, or disapprove a contractor's recommendation with respect to a child's permanency goal.
(b)  Subsection (a) may not be construed to limit or restrict the authority of the department to include necessary oversight measures and review processes to maintain compliance with federal and state requirements in a contract with a single source continuum contractor.
(c)  The department shall develop an internal dispute resolution process to decide disagreements between a single source continuum contractor and the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.170. Limited Liability for Single Source Continuum Contractor and Related Personnel

Sec. 264.170.  LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM CONTRACTOR AND RELATED PERSONNEL.  (a)  A nonprofit entity that contracts with the department to provide services as a single source continuum contractor under this subchapter is considered to be a charitable organization for the purposes of Chapter 84, Civil Practice and Remedies Code, with respect to the provision of those services, and that chapter applies to the entity and any person who is an employee or volunteer of the entity.
(b)  The limitations on liability provided by this section apply:
(1)  only to an act or omission by the entity or person, as applicable, that occurs while the entity or person is acting within the course and scope of the entity's contract with the department and the person's duties for the entity; and
(2)  only if insurance coverage in the minimum amounts required by Chapter 84, Civil Practice and Remedies Code, is in force and effect at the time a cause of action for personal injury, death, or property damage accrues.
Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.006(a), eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter B. -1. Community-Based Care › Section 264.171. Joint Legislative Oversight Committee on Community-Based Care Transition

Sec. 264.171.  JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON COMMUNITY-BASED CARE TRANSITION.  (a)  Notwithstanding Section 264.0011, in this section:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Committee" means the Joint Legislative Oversight Committee on Community-Based Care Transition.
(3)  "Department" means the Department of Family and Protective Services.
(b)  The Joint Legislative Oversight Committee on Community-Based Care Transition is composed of six voting members as follows:
(1)  three members of the senate, appointed by the lieutenant governor; and
(2)  three members of the house of representatives, appointed by the speaker of the house of representatives.
(c)  The lieutenant governor and speaker of the house of representatives shall each appoint a member described by Subsection (b)(1) or (2), respectively, to serve as joint chairs of the committee.
(d)  The committee shall meet at the call of the joint chairs and may consider public testimony.
(e)  The committee may employ persons necessary to carry out this section through funds made available by the legislature.
(f)  The committee shall monitor and report to the legislature on the following related to the implementation of community-based care:
(1)  the funding of community-based care;
(2)  the performance and outcomes of community-based care statewide and by region;
(3)  statutory or regulatory barriers to the successful implementation of community-based care; and
(4)  other challenges to the successful implementation of community-based care.
(g)  The committee may request any relevant information from the commission, the department, or another relevant state agency, and the commission, department, or agency shall comply with the request, unless the provision of the information is prohibited by state or federal law.
(h)  Not later than January 1 of each odd-numbered year, the committee shall submit a written report of the committee's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the standing committees of the senate and house of representatives having primary jurisdiction over child welfare issues.
(i)  The committee shall monitor the continued implementation of community-based care and hold public hearings to receive comments from the public on the implementation of community-based care.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 12, eff. June 14, 2021.
For expiration of this section, see Subsection (i).
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.201. Services by Department

Sec. 264.201.  SERVICES BY DEPARTMENT.  (a)  When the department provides services directly or by contract to an abused or neglected child and the child's family, the services shall be designed to:
(1)  prevent further abuse;
(2)  alleviate the effects of the abuse suffered;
(3)  prevent removal of the child from the home;  and
(4)  provide reunification services when appropriate for the return of the child to the home.
(b)  The department shall emphasize ameliorative services for sexually abused children.
(c)  The department shall provide or contract for necessary services to an abused or neglected child and the child's family without regard to whether the child remains in or is removed from the family home.  If parental rights have been terminated, services may be provided only to the child.
(d)  The services may include in-home programs, parenting skills training, youth coping skills, and individual and family counseling.  If the department requires or a court orders parenting skills training services through a parenting education program or practice, the program or practice must be an evidence-based program or practice or promising program or practice that is provided in the community in which the family resides, if available.
(e)  The department may not provide and a court may not order the department to provide supervision for visitation in a child custody matter unless the department is a petitioner or intervener in the underlying suit.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 28, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 49, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(6), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 515 (S.B. 452), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2011. Enhanced In-Home Support Program

Sec. 264.2011.  ENHANCED IN-HOME SUPPORT PROGRAM.  (a)  To the extent that funding is available, the department shall develop a program to strengthen families through enhanced in-home support.  The program shall assist certain low-income families and children in child neglect cases in which poverty is believed to be a significant underlying cause of the neglect and in which the enhancement of in-home support appears likely to prevent removal of the child from the home or to speed reunification of the child with the family.
(b)  A family that meets eligibility criteria for inclusion in the program is eligible to receive limited funding from a flexible fund account to cover nonrecurring expenses that are designed to help the family accomplish the objectives included in the family's service plan.
(c)  The executive commissioner shall adopt rules establishing:
(1)  specific eligibility criteria for the program described in this section;
(2)  the maximum amount of money that may be made available to a family through the flexible fund account; and
(3)  the purposes for which money made available under the program may be spent.
(d)  The department shall evaluate the results of the program to determine whether the program is successful in safely keeping families together.  If the department determines that the program is successful, the department shall continue the program to the extent that funding is available.
Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 19, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2015. Family Group Conferencing

Sec. 264.2015.  FAMILY GROUP CONFERENCING.  The department may collaborate with the courts and other appropriate local entities to develop and implement family group conferencing as a strategy for promoting family preservation and permanency for children.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.52, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.202. Standards and Effectiveness

Sec. 264.202.  STANDARDS AND EFFECTIVENESS.  (a)  The department, with assistance from national organizations with expertise in child protective services, shall define a minimal baseline of in-home and foster care services for abused or neglected children that meets the professionally recognized standards for those services.  The department shall attempt to provide services at a standard not lower than the minimal baseline standard.
(b)  The department, with assistance from national organizations with expertise in child protective services, shall develop outcome measures to track and monitor the effectiveness of in-home and foster care services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2031. Selection of Service Provider

Sec. 264.2031.  SELECTION OF SERVICE PROVIDER.  (a)  A parent, managing conservator, guardian, or other member of a household ordered to participate in services under Section 264.203(a) may obtain those services from a qualified provider selected by the person.
(b)  A parent, managing conservator, guardian, or other member of a household who obtains services from a provider selected by the person is responsible for the cost of those services.
(c)  A parent, managing conservator, guardian, or other member of a household who successfully completes the services ordered under Section 264.203(a) must obtain verification from the service provider of that completion.  The department shall accept the service provider's verification provided under this subsection as proof that the person successfully completed the court-ordered services.
Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2032. Report on Court-Ordered Participation in Services

Sec. 264.2032.  REPORT ON COURT-ORDERED PARTICIPATION IN SERVICES.  The department shall report the number of cases in which a court under Section 264.203 orders the following persons with respect to a child who is placed with a caregiver under a parental child safety placement under Subchapter L to participate in services:
(1)  the child's parent;
(2)  the child's managing conservator;
(3)  the child's guardian; or
(4)  another member of the child's household.
Added by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 7, eff. September 1, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.204. Community-Based Family Services

Sec. 264.204.  COMMUNITY-BASED FAMILY SERVICES.  (a)  The department shall administer a grant program to provide funding to community organizations, including faith-based or county organizations, to respond to:
(1)  low-priority, less serious cases of abuse and neglect; and
(2)  cases in which an allegation of abuse or neglect of a child was unsubstantiated but involved a family that has been previously investigated for abuse or neglect of a child.
(b)  The executive commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and the cancellation of grants.
(c)  To receive a grant, a community organization whose grant request is approved must execute an interagency agreement or a contract with the department.  The contract must require the organization receiving the grant to perform the services as stated in the approved grant request.  The contract must contain appropriate provisions for program and fiscal monitoring.
(d)  In areas of the state in which community organizations receive grants under the program, the department shall refer low-priority, less serious cases of abuse and neglect to a community organization receiving a grant under the program.
(e)  A community organization receiving a referral under Subsection (d) shall make a home visit and offer family social services to enhance the parents' ability to provide a safe and stable home environment for the child.  If the family chooses to use the family services, a case manager from the organization shall monitor the case and ensure that the services are delivered.
(f)  If after the home visit the community organization determines that the case is more serious than the department indicated, the community organization shall refer the case to the department for a full investigation.
(g)  The department may not award a grant to a community organization in an area of the state in which a similar program is already providing effective family services in the community.
(h)  For purposes of this section, a case is considered to be a less serious case of abuse or neglect if:
(1)  the circumstances of the case do not appear to involve a reasonable likelihood that the child will be abused or neglected in the foreseeable future; or
(2)  the allegations in the report of child abuse or neglect:
(A)  are general in nature or vague and do not support a determination that the child who is the subject of the report has been abused or neglected or will likely be abused or neglected; or
(B)  if substantiated, would not be considered abuse or neglect under this chapter.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.53, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2041. Cultural Awareness

Sec. 264.2041.  CULTURAL AWARENESS.  The department shall:
(1)  develop and deliver cultural competency training to all service delivery staff;
(2)  increase targeted recruitment efforts for foster and adoptive families who can meet the needs of children and youth who are waiting for permanent homes;
(3)  target recruitment efforts to ensure diversity among department staff; and
(4)  develop collaborative partnerships with community groups, agencies, faith-based organizations, and other community organizations to provide culturally competent services to children and families of every race and ethnicity.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.54, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2042. Nonprofit Organizations Providing Child and Family Services

Sec. 264.2042.  NONPROFIT ORGANIZATIONS PROVIDING CHILD AND FAMILY SERVICES.  (a)  The department shall cooperate with nonprofit organizations, including faith-based organizations, in providing information to families in crisis regarding child and family services, including respite care, voluntary guardianship, and other support services, available in the child's community.
(b)  The department does not incur any obligation as a result of providing information as required by Subsection (a).
(c)  The department is not liable for damages arising out of the provision of information as required by Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter C. Child and Family Services › Section 264.2043. Prohibition on Abuse or Neglect Investigation Based Solely on Request for Information

Sec. 264.2043.  PROHIBITION ON ABUSE OR NEGLECT INVESTIGATION BASED SOLELY ON REQUEST FOR INFORMATION.  The department may not initiate an investigation of child abuse or neglect based solely on a request submitted to the department by a child's parent for information relating to child and family services available to families in crisis.
Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017.