SB 355 by West | et al., relating to developing a strategic plan to ensure that the provision of prevention and early intervention services complies with federal law.

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SB 355 West | et al.,   Relating to developing a strategic plan to ensure that the provision of prevention and early intervention services complies with federal law.

LBB Fiscal Note Summary.   No significant fiscal implication to the State is anticipated.

Bill Summary and Analysis. The bill would amend Chapter 40 of the Human Resources Code to require the Department of Family and Protective Services (DFPS) in consultation with the Health and Human Services Commission (HHSC), the Department of State Health Services (DSHS), and community stakeholders to develop a strategic plan no later than September 1, 2020 to meet the requirements of Title VII, Div. E, Pub. L. No. 115-123. DFPS, HHSC, and DSHS have determined that the provisions of the bill could be implemented using existing resources. The bill would take effect September 1, 2019 and expire March 1, 2021.

Representative Klick Explained the bill. In February 2018, President Trump signed into law the Family First Prevention Services Act (FFPSA) as part of the Bipartisan Budget Act of 2018 – H.R. 1892. The act provides federal Title IV-E funding for evidence-based prevention services for mental health, substance abuse, and in-home intensive parenting for adults whose children are at “imminent risk” (as defined by the state) of entering foster care, and also for pregnant and parenting youth in foster care. Title IV-E funds have previously only been available for children in the foster care system. From October 2019 through September 2026 the federal financial participation is 50 percent (a one-to-one match).   Unlike money Texas receives for foster care, this new funding is directed at preventing entry into foster care in the first place, and gives states latitude in developing effective prevention efforts. Under FFPSA, states can delay implementation for up to two years. Because Texas’ network of prevention providers is not yet sufficient to take advantage of this opportunity, and because federal guidance has been slow in coming, Texas has opted for that route. In the meantime, the Department of Family and Protective Services (DFPS) needs to determine how best to accomplish the goals of FFPSA.   Accordingly, this bill directs DFPS to develop a strategic plan to ensure that Texas’ prevention and early intervention services meet the requirements of FFPSA. The plan must:

  • identify providers of mental health, substance abuse, and in-home parenting services; and
  • identify methods to:
    • leverage federal resources available under FFPSA;
    • apply for other available federal and private funds;
    • reduce duplication of services by state agencies; and
    • streamline procedures for determining eligibility for such services.

The plan must also provide for the notification of appropriate legislative committees about funding opportunities and a method for responding to them, and identify opportunities to coordinate with independent researchers to assist community programs in developing trauma-informed, evidence-based services. Community stakeholders and appropriate state agencies are to be involved in identifying a network of providers and resources, and streamlining the provision of services. (Original Author’s/Sponsor’s Statement of Intent)

C.S.S.B. 355 amends current law relating to developing a strategic plan to ensure the provision of prevention and early intervention services complies with federal law. 

The Chair stated that Family First is very important and a strategic plan is critical.

TESTIMONY.

Pamela McPeters, TexProtects testified in support of the bill. Most children can be protected and remain in their own homes when parents are equipped with the right supports and opportunities. The federal funds which previously only came into play after a child’s removal can now be used to prevent removal. Previously, it was only available for the child, and now it may be used to strengthen the family. The new funding approach emphasizes effective methods and outcomes. We know we can improve upon what we are doing.

Alyssa Jones, Texas Alliance of Child and family Services testified in support of the bill. This is a significant shift in federal child welfare funding as well as a signal for the direction of child welfare across the nation. The child welfare community must take the time to develop data-informed strategies for understanding existing service capacity supply, gaps, and demand. The Alliance, in partnership with DFPS, HHSC, and Casey Family Programs has already begun this work. We are in the early stages of developing a services capacity needs assessment, the goal of which is to help leaders across the state understand the network of services eligible for funding under Family First for children at imminent risk of removal. We anticipate that this project will be completed in early 2020 so that DFPS can use this assessment to work in partnership with the public, private, and philanthropic sectors to develop and deliver the strategic plan to the legislature outlined in this bill.

The Chair asked when the guidance from the Feds will be completed. Ms. Jones stated she would defer to the agency. The Chair asked if we should expect the number of foster children to decline when Family First is fully implemented. The speaker replied that the FPSS services are what the bill addresses. My guess would be to review that specific population of kids that, even after receiving those services, are still removed and placed in foster care.

Marjan Linnell, Pediatrician, self, TPS, and TMA, testified in support of the bill. She stated that she regularly sees patients who could benefit from family-based prevention services.  This legislation will bring Texas a step closer to providing the prevention services that are needed.

Representative Klick closed on the bill.

The bill was left pending.

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