CPS Legislative Update

August 5, 2009

Jane Burstain, CPPPSarah Abrahams, Casey Family Programs

Madeline McClure, TexProtectsJodie Smith, Texans Care for Children

Overview Of Presentation

• Major CPS appropriation/legislation

• Prevention appropriation/legislation

• Agency coordination legislation

• Discussion about what’s next

Major CPS Legislation

• Refine existing structure with focus on:– Support for families and relatives– Children in PMC – Youth aging out

Support For Families And Relatives

• Appropriations– Additional FBSS and FGDM staff– Additional funds for child care– Staff for mandatory relative due diligence and notification

• SB 2080, HB 1151 and HB 4586– Funding for relatives who take PMC

• Relative must be licensed

• SB 2385 – Attach child placement resource forms and relative home assessments to court reports; if relative is assessed and child is not placed, describe why in court report

• Voluntary relative placements– SB 1723 – DFPS must provide information manual to caregivers – SB 1598 – Creates process for informal caregivers to get power of attorney

from parents for medical treatment, to enroll child in school and receive public benefits

• Parents retain legal custody

Children In PMC• SB 2080, HB 1151 and HB 4586

– Extend adoption and PMC subsidies until 21 for youth who are 16 or older

• SB 939 – Improve permanency process– 1st placement review after final TPR order within 3 months

– Mandatory concurrent permanent plans. Only permanent plans are: return home, adoption, PMC with suitable individual, another planned permanent living arrangement (APPLA)

• Before can assign APPLA, DFPS has to document compelling reason why other plans are not appropriate

– For kids in PMC without TPR, DFPS must report on efforts to return home, find a relative, discuss permanency with current caregiver or evaluate whether TPR is appropriate

• If no other alternative and in child’s best interests, court can order 6 months of services to transition a child home

• HB 2225 – Study on barriers to permanency

Youth Aging Out• Appropriations

– Additional PAL and Circles of Support staff– Track outcomes for emancipating youth– No funding for PAL benefits to youth adopted or relative PMC at age 16 or older

• SB 983 – DFPS must provide documents to youth before they emancipate

• HB 1043 - Former foster youth given hiring preference at state agencies

• HB 1912 – Services to youth transitioning out of care– Foster parents have to provide hands on life skills training – Youth who return to offending parent can still receive PAL benefits if parent is not a

risk to youth

• SB 939 and SB 43 - Extend tuition waiver until 25th birthday– SB 939 also extends waiver to all children who are adopted or exit to PMC after Sept

1, 2009

• HB 704 - Extends court jurisdiction beyond 18 at youth’s request– Court can continue the appointment of AAL and/or GAL but cannot order DFPS to

provide services for which no authorization or appropriation

Prevention - Budget

• Nurse-Family Partnership: $17.8 million in funding to serve 2,000 families in 2010-11 vs. $7.9 million for 2008-2009. – Additionally, a rider was passed that will enable federal funds that

are earmarked for home visitation programs to flow to Nurse Family Partnership, which will fund the provision of services to well beyond 2,000 families.

• $4.4 million in new “at-risk prevention programs” funds under the DFPS PEI division. Combination of Juvenile delinquency prevention and child abuse prevention.

DFPS PEI Division

[1] The actual $126 mi. 02-03 and $99.9 mil. 04-05 prevention appropriations have been adjusted by $34,221,265 in 02-03 and $35,305,330 in 04-05 to reflect the spin off of Communities in Schools program to the TEA in the 78th R Session.[2] Nurse Family Partnership was allocated to HHSC to administer, not DFPS.

Prevention - Legislation• SB 2080 by Uresti/McClendon:Creates a task force to establish a

strategy for reducing child abuse and neglect and improving child welfare and health. The task force shall:

• gather information concerning child safety, child abuse and neglect, and child welfare throughout the state;

• review the exemptions from criminal liability provided under the Penal Code to a mother who injures her unborn child by using a controlled substance, and examine the effect that repealing the exemptions will have on reducing the number of babies who are born addicted to a controlled substance;

• receive reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations;

• create goals for state policy that would improve child safety, prevent child abuse and neglect, and improve child welfare; and

• submit a strategic plan to accomplish those goals.

Prevention - Legislation• HB 1240 by Villarreal/Uresti: Expands the types of information

required to be provided to parents of a newborn information to include:

• effective parenting;• information on selecting and interacting with a primary health

care practitioner;• child safety;• the importance of reading to a child;• expected developmental milestones;• selecting appropriate child care;• health care resources available in the state; and • other resources available in the state.

Prevention - Legislation• HB 1041 by Parker/West: Requires each school district to adopt

and implement a policy addressing sexual abuse of children. The policy must address:

• methods for increasing teacher, student, and parental awareness of sexual abuse of children, including likely warning signs;

• actions a victim should take to receive assistance and intervention; and

• available counseling options for students affected by sexual abuse.

• SB 572 by Shapiro/Branch: Mandates training to child care providers who transport children whose chronological or developmental age is nine-years-old or younger. DFPS is to set minimum standards for this training. The standards should include:

• the proper use of safety restraints;• proper behavior during transport;• loading and unloading procedures; and • safe accounting for each child and their well-being.

Prevention - Legislation

• HB 3076 by Deshotel/West: Expands the parenting and paternity awareness program used in the health curriculum for public schools to middle or junior high students. It also allows for an optional expanded curriculum to include:

• parenting skills;• child abuse and neglect prevention;• child development; and• relationship skills.

• HB 3751 by Gallego/Shapiro: Requires that there be a mandatory no contact order between the perpetrator and the child victim as a condition of the perpetrator’s bond.

Agency Coordination

• COUNCIL ON CHILDREN AND FAMILIES• SB 1646 by Sen. Leticia Van de Putte (companion HB 3259

by Rep. Elliott Naishtat)• Addresses lack of coordination by creating the Council on

Children and Families, • Council will improve high-level interagency coordination

between state health, human services, education, and juvenile justice agencies serving children,

• Council will address challenges in state’s children’s services delivery system,

• Council will coordinate the work of the many state agencies and various local entities that provide services and funding to children and youth, and

• Council will be opportunity for agency executive leadership leadership to establish priorities, assess gaps and duplications, and coordinate policies and funding.

Agency Coordination

• TASKFORCE ON CHILDREN WITH SPECIAL NEEDS

• SB 1824 by Sen. Eddie Lucio, Jr. and HB 2196 by Rep. Vicki Truitt

• Create an interagency Taskforce on Children with Special Needs,

• Improve services provided to children with chronic illnesses, intellectual or developmental disabilities, or mental illnesses, and

• HB 2196 also requires a workgroup that will recommend to the Legislature how to integrate health and behavioral health services.

Agency Coordination

• LOCAL INTEGRATED SYSTEMS OF CARE• HB 1232 by Rep. Jose Menendez • Addresses local coordination of services to at-risk

children ,• Authorizes a behavioral health intervention pilot

project in Bexar County, • Provides local integrated systems of care services to

divert youth at risk of expulsion, placement in restrictive settings, or incarceration, and

• Could lead to using a systems of care approach across the state.

Agency Coordination

• TYC-DFPS DUALLY COMMITTED YOUTH• HB 1629 by Rep. Elliott Naishtat • Improve services to foster children who are

committed to Texas Youth Commission (TYC) for delinquent behavior, and

• Changes how case management, medical consent, judicial oversight, and transition services are handled for these youth dually committed in two state systems.

What’s Next • Implementing Fostering Connections Act

– Ensuring relative licensing process accommodates circumstances of low-income relatives

– Structuring payment for PMC program that encourages relatives to exit system but does not entice relatives who would otherwise adopt to now take PMC

– Keeping children in original school • Foster care rate increase authorized but not specifically

earmarked to pay for transportation costs

– Pay for youth in qualified independent living situations • CPS policy already allows such placements but they are

currently unfunded – waiting for federal regulations about what qualifies

What’s Next• Foster care system

– Changing role of foster parents– Placement transitions– Capacity

• Tracking and understanding voluntary relative placements

• Training on new requirements and opportunities

• Track effect of legislation

• Greater accessibility to CPS data

• SB 2080 task force on reducing child abuse and improving child welfare outcomes– Important as DFPS sunset pushed back to 2013

What’s Next• Study the feasibility of merging the prevention program divisions of

HHS and Correction agencies to establish a separate agency focusing on the prevention of child abuse and addressing the co-morbidity factors contributing to and stemming from child abuse including mental illness, substance abuse, learning disorders, juvenile delinquency, adult incarceration, prostitution, etc.

• Examine Child Protective Services human resource / employment practices and costs regarding caseworkers and support staff from initial recruitment to post-termination. Recommend best practices for optimal employee retention.

• Survey the current services offered to foster youth aging out of care on a regional basis in Texas. Determine which programs provide the most useful services in which regions. Determine how to implement national best practices within Texas’ existing structure.

CPPP Resources• CPPP summary of CPS and the 81st Legislature:

http://cppp.org/files/4/412_CPS.pdf

• CPPP policy page on Fostering Connections Act: http://cppp.org/files/4/newfostercare.pdf

• CPPP policy page on CPS workforce issues: http://cppp.org/files/4/364%20DFPS%20workforce.pdf

• CPPP policy page on discipline outcomes for children in foster care: http://cppp.org/files/4/392_education.pdf

• CPPP policy page on STAR health program for foster children: http://cppp.org/files/4/351%20Medicaid%20Managed%20Care%20for%20Foster%20Care.pdf

• CPPP policy page on CPS funding: http://cppp.org/files/4/Jan%2009%20update.pdf

Get to know you state legislatorsWho represents you? www.capitol.state.tx.us

A legislator will be more likely to listen to you during session if they have a preexisting relationship with you.

Legislators have more free time to meet with constituents during the interim.

Make an appointment to meet with him/her at their district office.

If you really support what they are doing, attend a campaign fundraiser or make a donation of time or money to their campaign.

Madeline McClure, LCSW, Executive Director, TexProtects

The Texas Association for the Protection of Children

Madeline@texprotects.org

214-442-1672; www.texprotects.org

New Task Forces, Workgroups, and Advisory Councils Specific to Child Welfare

will be identified and discussed at the August 12, 2009

Partners in CPS Reform meeting

For more information:Jodie Smith

jsmith@texanscareforchildren.org

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