CPS Legislative Update
August 5, 2009
Jane Burstain, CPPP
Sarah Abrahams, Casey Family Programs
Madeline McClure, TexProtects
Jodie 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
–
–
•
SB 939 and SB 43 - Extend tuition waiver until 25th birthday
–
•
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 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
Description
FY
2002-2003
STAR PROGRAM
Services to At-Risk Youth Program
CYD PROGRAM
Community Youth Development
Program
TEXAS FAMILIES PROGRAM
Texas Families: Together and Safe
Program
CHILD ABUSE PREVENTION
GRANTSCommunity Based Child
Abuse Prevention-Fed. Grant
OTHER AT-RISK PREVENTION
PROGRAMS
(Formerly program line items such as
HFA, Family Outreach, PAT, other inhome visitation)
$40,814,988 $34,942,670
AT-RISK PREVENTION PROGRAM
SUPPORT At-Risk Prevention
Services Program Support (PEI staff
support plus Runaway and Youth
Hotlines)
Nurse Family Partnership Competitive
Grants (under HHSC budget)
TOTAL PREVENTION
Adjusted for CIS spin-off
Without Nurse Family Partnership
[1]
FY
2004-2005
Change
% vs.
FY 0203
FY
2006-2007
Change
% vs.
FY 0405
FY
2008-2009
Change
% vs.
FY0607
FY 20102011
Change
% vs.
FY 0809
-14.4 $42,001,720
20.2 $42,001,721
0
$43,720,000
4%
-13.3 $15,795,196
20.5 $15,695,197
0
15,695,198
0
15,111,901
13,105,282
9,004,687
8,336,882
-7.4
$8,336,882
0
8,243,756
-1.1
8,243,756
0
3,451,992
3,584,774
3.8
$3,584,774
0
3,591,698
.2
3,626,730
1%
23,416,432
0
-100%
$9,360,564
+100% $13,911,733
48
17,911,820
29%
0
0
$4,883,152
$3,711,208
-31.6
4,287,918
15.5%
$7,900,000
n/a
17,800,000
225%
11.3% $111,285,422
3.9% $93,485,422
ex NFP
ex NFP
17%
7.2%
ex NFP
$126
$91.8
$95.3
$60
-24
-34.6
$83.9
$95,055,313
+40 $87,155,313
ex NFP
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 78 th 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 legislators
Who 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
Use of This Presentation
The Center for Public Policy Priorities encourages you to reproduce and distribute these slides, which
were developed for use in making public presentations.
If you reproduce these slides, please give appropriate credit to CPPP.
The data presented here may become outdated.
For the most recent information or to sign up for
our free E-Mail Updates, visit www.cppp.org.
© CPPP
Center for Public Policy Priorities
900 Lydia Street
Austin, TX 78702
P 512/320-0222 F 512/320-0227