2019 Legislative Update – CPS & Related Items

1. 2019 Legislative Update – CPS & Related Items By State Rep. Gene Wu (9/2019)

2. Few things to note... • Who’s passing bills on what issues? • What kind of things do they tackle? • Intent vs. Practical Implementation

3. Effective Date! • Unless Otherwise noted  Effective September 1, 2019

4. HB 72 (White) - Former DFPS Medicaid MEDICAID BENEFITS FOR CERTAIN CHILDREN FORMERLY IN FOSTER CARE (Adopted)! Applies to a Child who: (1) resides in this state; and (2) is eligible for assistance or services under: (A) Subchapter D, Chapter 162, Family Code; or (Adoption) (B) Subchapter K, Chapter 264, Family Code. (Permanency Care Assistance) This bill would provide medical coverage to children who have been adopted and are either ineligible for or simply not receiving medical coverage through the STAR Health Program until enrolled in another Medicaid manager care program.

5. HB 1780 (Miller) – Good Faith Consideration for Extension • Section 263.401, Family Code, is amended by adding Subsection (b-2) to read as follows: • (b-2) When considering under Subsection (b) whether to find • that extraordinary circumstances necessitate the child remaining • in the temporary managing conservatorship of the department for a • case in which the court orders a parent to complete a substance • abuse treatment program, the court shall consider whether the • parent made a good faith effort to successfully complete the • program. • How do we implement/enforce this? – No idea.

6. HB 1884 (Minjarez) – Relative Caregiver • CPS & Courts must inform Relative Placements: • Option to become a licensed foster home & • Get into the Permanency Care Assistance program • CPS - In manual & handouts • Court - Permanency/Status hearing and others

7. HB 475 (Howard) - Minor Parent in DFPS • Information for foster children who are pregnant or minor parents. • “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: (good parenting items)” • Most likely PAL program will be the one conducting the courses. (Statute doesn’t say) • Not actual help - Just information (take what we can get)

8. HB 811 (White) - Foster/Homeless School Discipline • Effective since May 24, 2019 • Require a school district's student code of conduct to specify that consideration would be given, in disciplinary action decisions, to a student's status in the conservatorship of DFPS or status as a student experiencing homelessness. • These factors would be added to the list of factors to be considered in each decision concerning suspension, removal to a DAEP, expulsion, or placement in a JJAEP, regardless of whether the decision concerned a mandatory or discretionary action. • Enforcement?

9. HB 1191 (Jarvis Johnson) - Inmates with Previous DFPS History • Require an annual report which includes how many inmates were in DFPS conservatorship at any point and, disaggregated by age, the number of inmates who have not previously served a term of imprisonment. • Aggregate data will be available to the public (but not individual histories).

10. HB 123 (White) - Foster/Homeless ID • Allows foster youth, homeless youth, and unaccompanied youth to use a birth certificate as proof of identity and US citizenship. • Youth can list their local DFPS office as their residence if they do not have one • Provide a letter from their school district or the director of an emergency shelter/basic center for runaways certifying they are homeless or unaccompanied • Youth can apply without the signature or presence of a parent or guardian • Youth are exempt from any fees for a driver's license

11. SB 195 (Perry) – Drug & Alcohol Data • Effective – 1/1/2020! • Add to 162.007 – “health history of the child” • DFPS shall collect: • Number of kids tested positive at birth • What kind of substances • Number of kids diagnosed with disabilities • Number of parents testing positive at removal • Put all of it in a report (but only if there is money)

12. SB 781 (Kolkhorst) – Runaway Prevention • Establish regulations for child safety, runaway prevention, quality contracting, and strategic planning for facilities that provide 24-hour care to children such as residential treatment centers and emergency shelters. • The commissioner by rule shall establish the department's strategy to • (1) develop trauma-informed protocols for reducing runaways from RTC • (2) balance measures aimed at protecting child safety with federal and state requirements related to normalcy and decision making under the reasonable and prudent parent standard BIG BILL! • STRATEGIC PLAN TO IMPLEMENT FEDERAL LAW • Waiver in human trafficking cases • Denial of Licensing (tightening regs) • RTC operation and licensing • Technical corrections & etc

13. HB 3390 (Sanford) – Potential Caregiver • GAL – directed to ask child if there are any potential caregivers • Court – Shall ask all parties if the child has identified any potential caregiver • At Show Cause • And, Essentially at all other stages and hearings Only where child is capable of responding in a developmentally appropriate way

14. HB 1702 (Howard) – Higher Ed. Help! • Effective (now) – 5/29/2019 • Higher Ed institution – (Already) required to have liaison officer for former foster kids • Now require that they actually try to identify those students • Schools to provide list of students to liaison • Schools to publish names and contact of liaison & services/programs offered • Remember if you are GAL or AAL for Extended care client

15. HB 1709 (M. Gonzalez) – Surrogate Parent • Requires school districts work closely with DFPS to notify when a surrogate parent has been appointed to a child with disabilities who is in conservatorship. • Surrogate parents are appointed by school districts when children with disabilities who are under the managing conservatorship of DFPS do not have an available parent or foster parent who is willing or able to serve as the educational decision maker for the child. • Expands the definitions of who can serve as a surrogate parent and helps ensure transparency and accountability in the system.

16. HB 2737 (Wu) – Judicial Guidance • Texas Supreme Court to issue guidance on: • CPS issues • Placement of children with severe mental health issues • Changes in placement • Final termination Juvenile issues • Placement of children with severe mental health issues • Release of children in detention • Certification • Child’s appearance before the court (Shackling and clothing) • Commitment to TJJD What will this look like? – No idea.

17. MISC • HB 53 – DFPS to develop financial literacy program for kids in care • HB 621 – Sue for wrongful termination for reporting child abuse to CPS • HB 3809 – SOL for child abuse is upped from 15 years to 30 years (civil) • HB 2229 – Reporting requirements for foster youth in TJJD care

18. DEAD BILLS • Caseload Limits / measurement system (floor) • Stopping DFPS from changing information in IMPACT (murdered by Senate) • Trauma Informed System of Care (floor) • Pregnant/Minor Parent in care report (no hearing) • Health training for placement – including sexuality (no hearing) • Penalties for conducting Gay Conversion Therapy (floor) • Adoptee rights bill (floor) • ACEs Strategic Plan (murdered by Senate) • HB 12 – Early Childhood Intervention – Ombudsman & Services (murdered by Senate)

19. Most Importantly… the Budget! • CPS total funding (not DFPS total): • $3.8 Billion all-funds (state and federal) --- $2.2 Billion in GR • $226.3 Million increase in all-funds (S&F) --- $167.5 Million GR Highlights: • $50 Million boost for state-wide intake • $150 Million boost for additional full-time-equivalent (FTE) positions to maintain lower caseloads per worker for most caseworkers and to reduce caseloads per worker for conservatorship caseworkers. • Investigation – 13.6 avg goal • FBSS – 9.3 avg goal • Conservatorship – 23.5 (STATEWIDE projected goal)

20. Second Most Importantly… • Judicial Pay Raises!

21. “Community Based Care” – UPDATE • This is not Community Based Care – it’s PRIVATIZATION (case management) • DFPS – have not approving rules or implementing for any region • Other regions unable to find funding or partners