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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP |
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Subtitle E. PROTECTION OF THE CHILD |
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Chapter 264. CHILD WELFARE SERVICES |
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Subchapter B. FOSTER CARE |
Sec. 264.106. CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES
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(a) In this section:
(1) "Case management services" means the provision of services, other than conservatorship services, to a child for whom the department has been appointed temporary or permanent managing conservator and the child's family, including:
(A) developing and revising the child and family case plan, using family group decision-making in appropriate cases;
(B) coordinating and monitoring permanency services needed by the child and family to ensure that the child is progressing toward permanency within state and federal mandates; and
(C) assisting the department in a suit affecting the parent-child relationship commenced by the department.
(2) "Conservatorship services" means services provided directly by the department that the department considers necessary to ensure federal financial participation and compliance with state law requirements, including:
(A) initial placement of a child and approval of all subsequent placements of a child;
(B) approval of the child and family case plan; and
(C) any other action the department considers necessary to ensure the safety and well-being of a child.
(3) "Permanency services" means services provided to secure a child's safety, permanency, and well-being, including:
(A) substitute care services;
(B) medical, dental, mental health, and educational services;
(C) family reunification services;
(D) adoption and postadoption services and preparation for adult living services;
(E) convening family group conferences;
(F) child and family visits;
(G) relative placement services; and
(H) post-placement supervision services.
(4) "Substitute care provider" means:
(A) a child-care institution, a general residential operation, or a child-placing agency, as defined by Section 42.002, Human Resources Code; or
(B) a provider of residential child-care that is licensed or certified by another state agency.
(5) "Substitute care services" means services provided by a substitute care provider to or for a child in the temporary or permanent managing conservatorship of the department or for the child's placement, including the recruitment, training, and management of foster and adoptive homes by a child-placing agency. The term does not include the regulation of facilities under Subchapter C, Chapter 42, Human Resources Code.
(b) The department shall, in accordance with Chapter 45, Human Resources Code:
(1) assess the need for substitute care services throughout the state;
(2) contract with substitute care providers for the provision of all necessary substitute care services when the department determines that entering into a contract will improve services to children and families;
(3) monitor the quality of services for which the department contracts under this section; and
(4) ensure that the services are provided in accordance with federal law and the laws of this state, including department rules and rules of the Department of State Health Services and the Texas Commission on Environmental Quality.
(c) The department shall develop a pilot program for the competitive procurement of case management services in one or more geographic areas of the state. The department shall contract with one or more substitute care providers to provide case management services under the pilot program. The department shall have a goal of privatizing case management services in five percent of the cases in which the department has been appointed temporary or permanent managing conservator of a child.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
(e) In addition to the requirements of Section 40.058(b), Human Resources Code, a contract authorized under this section must include provisions that:
(1) enable the department to monitor the effectiveness of the services;
(2) specify performance outcomes;
(3) authorize the department to terminate the contract or impose sanctions for a violation of a provision of the contract that specifies performance criteria;
(4) ensure that a private agency that is providing substitute care or case management services for a child shall provide to the child's attorney ad litem and guardian ad litem access to the agency's information and records relating to the child;
(5) authorize the department, an agent of the department, and the state auditor to inspect all books, records, and files maintained by a contractor relating to the contract; and
(6) the department determines are necessary to ensure accountability for the delivery of services and for the expenditure of public funds.
(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
(g) In determining whether to contract with a substitute care provider, the department shall consider the provider's performance under any previous contract between the department and the provider.
(h) A contract under this section does not affect the rights and duties of the department in the department's capacity as the temporary or permanent managing conservator of a child.
(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
(k) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
(l) Notwithstanding any other law, the department or an independent administrator may contract with a child welfare board established under Section 264.005, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402 for the provision of substitute care and case management services in this state if the board or center provided direct substitute care or case management services under a contract with the department before September 1, 2006.