Enrolled Bill Summary

Senate Bill 758	Senate Author:  Nelson et al.
Effective:  9-1-07	House Sponsor:  Rose et al.

            Senate Bill 758 amends the Education Code, Family Code, Government Code, and Human Resources Code to refine a number of reforms made to children's protective services by the 79th Legislature. It requires the Department of Family and Protective Services (DFPS) to develop a child protective services improvement plan to expand or modify those reforms that have resulted in demonstrable improvements. DFPS is directed to prepare an implementation plan for the modifications and annual progress reports detailing the department's implementation of certain aspects of the improvement plan, including recommendations for expanding and improving substitute care and adoptive placement provider capabilities.

            The bill includes provisions relating to a child's eligibility for enrollment in free prekindergarten classes, relatives who are entitled to file a suit requesting managing conservatorship of a child, eligibility for and the amount of adoption subsidies, service plan and placement requirements for a child under DFPS care who is younger than two years of age, burial expenses for a foster child who dies while under DFPS care, the release of personal records to certain children on discharge from foster care, the provision of certain information to children entering the Preparation for Adult Living Program, court approval for travel outside the United States by a child in foster care, and a method to verify certain birth information. The bill authorizes an associate judge to order the appearance of a parent relating to an investigation of abuse or neglect, authorizes the exchange of medical records without consent for a child transferred between different medical facilities, and clarifies behavior that constitutes failure to cooperate with an investigation.

            Senate Bill 758 amends several provisions of law relating to the privatization of case management and substitute care services. DFPS is directed to develop a pilot program for the competitive procurement of case management services in one or more geographic areas of the state with the goal of contracting for those services in five percent of cases. The bill  requires contracts with private agencies providing substitute care and case management services to also provide for guardian ad litem and attorney ad litem services. The bill deletes references to an independent administrator under which privatized substitute care and case management services were previously secured and managed, makes conforming changes to reflect DFPS responsibility with regard to those services, and clarifies that DFPS can contract for special investigator services.

            Senate Bill 758 requires DFPS to work with the One Star Foundation to expand the faith-based organization foster parent recruitment program, to develop an enhanced in-home support program for certain low-income families and children in child neglect cases, and to study the effect of caseworker education reimbursement on caseworker recruitment and retention. The bill creates the committee on pediatric centers of excellence relating to abuse and neglect and the committee on licensing standards, specifies the composition and duties of each committee, and requires the committees to report to DFPS and the legislature. The bill includes provisions relating to the drug-endangered child initiative, the regulation of child-care facilities by alternative accreditation entities, and DFPS staffing requirements for safety specialists, risk analysts, and a performance management unit. Senate Bill 758 authorizes a child-care facility that provides emergency services to temporarily exceed the facility's capacity, refines requirements for unannounced annual inspections of residential child-care facilities, and expands DFPS responsibilities relating to investigations of serious incidents and certain alleged violations at agency foster homes or foster group homes, contingent on available funding.  The bill requires a director, owner, or operator of a day-care center to submit fingerprints for certain employees or individuals affiliated with the center for use in conducting state and federal criminal history checks. The bill creates a Class B misdemeanor offense for failing to submit certain information to DFPS and for employing a person who fails a background check. The bill also creates a Class B misdemeanor offense for operating a day-care center without a qualified director.