Prevention and Early Intervention - Texas Family Law
Prevention and Early Intervention
Texas Family Law
PREVENTION AND EARLY INTERVENTION SERVICES
§ 265.001. DEFINITIONS.
In this chapter:
(1) "Department" means the Department of Family and Protective Services.
(2) "Division" means the prevention and early intervention services division within the department.
(3) "Prevention and early intervention services" means programs intended to provide early intervention or prevent at-risk behaviors that lead to child abuse, delinquency, running away, truancy, and dropping out of school.
§ 265.002. PREVENTION AND EARLY INTERVENTION SERVICES DIVISION.
(a) The department shall operate a division to provide services for children in at-risk situations and for the families of those children and to achieve the consolidation of prevention and early intervention services within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services and to increase the accountability for the delivery and administration of these services. The division shall be called the prevention and early intervention services division and shall have the following duties:
(1) to plan, develop, and administer a comprehensive and unified delivery system of prevention and early intervention services to children and their families in at-risk situations;
(2) to improve the responsiveness of services for at-risk children and their families by facilitating greater coordination and flexibility in the use of funds by state and local service providers;
(3) to provide greater accountability for prevention and early intervention services in order to demonstrate the impact or public benefit of a program by adopting outcome measures; and
(4) to assist local communities in the coordination and development of prevention and early intervention services in order to maximize federal, state, and local resources.
(b) The department's prevention and early intervention services division must be organizationally separate from the department's divisions performing child protective services and adult protective services functions.
§ 265.003. CONSOLIDATION OF PROGRAMS.
(a) In order to implement the duties provided in § 265.002, the department shall consolidate into the division programs with the goal of providing early intervention or prevention of at-risk behavior that leads to child abuse, delinquency, running away, truancy, and dropping out of school.
(b) The division may provide additional prevention and early intervention services in accordance with § 265.002.
§ 265.004. USE OF EVIDENCE-BASED PROGRAMS FOR AT-RISK FAMILIES.
(a) To the extent that money is appropriated for the purpose, the department shall fund evidence-based programs, including parenting education, home visitation, family support services, mentoring, positive youth development programs, and crisis counseling, offered by community-based organizations that are designed to prevent or ameliorate child abuse and neglect. The programs funded under this subsection may be offered by a child welfare board established under § 264.005, a local governmental board granted the powers and duties of a child welfare board under state law, a children's advocacy center established under § 264.402, or other persons determined appropriate by the department.
(a-1) The department shall ensure that not less than 75 percent of the money appropriated for parenting education programs under Subsection (a) funds evidence-based programs described by § 265.151(b) and that the remainder of that money funds promising practice programs described by § 265.151(c).
(a-2) The department shall actively seek and apply for any available federal funds to support parenting education programs provided under this section.
(b) The department shall place priority on programs that target children whose race or ethnicity is disproportionately represented in the child protective services system.
(c) The department shall periodically evaluate the evidence-based abuse and neglect prevention programs to determine the continued effectiveness of the programs.
§ 265.0041. COLLABORATION WITH INSTITUTIONS OF HIGHER EDUCATION.
(a) Subject to the availability of funds, the Health and Human Services Commission, on behalf of the department, shall enter into agreements with institutions of higher education to conduct efficacy reviews of any prevention and early intervention programs that have not previously been evaluated for effectiveness through a scientific research evaluation process.
(b) Subject to the availability of funds, the department shall collaborate with an institution of higher education to create and track indicators of child well-being to determine the effectiveness of prevention and early intervention services.
§ 265.005. STRATEGIC PLAN.
(a) The department shall develop and implement a five-year strategic plan for prevention and early intervention services. Not later than September 1 of the last fiscal year in each five-year period, the department shall issue a new strategic plan for the next five fiscal years beginning with the following fiscal year.
(b) A strategic plan required under this § must:
(1) identify methods to leverage other sources of funding or provide support for existing community-based prevention efforts;
(2) include a needs assessment that identifies programs to best target the needs of the highest risk populations and geographic areas;
(3) identify the goals and priorities for the department's overall prevention efforts;
(4) report the results of previous prevention efforts using available information in the plan;
(5) identify additional methods of measuring program effectiveness and results or outcomes;
(6) identify methods to collaborate with other state agencies on prevention efforts;
(7) identify specific strategies to implement the plan and to develop measures for reporting on the overall progress toward the plan's goals; and
(8) identify strategies and goals for increasing the number of families receiving prevention and early intervention services each year, subject to the availability of funds, to reach targets set by the department for providing services to families that are eligible to receive services through parental education, family support, and community-based programs financed with federal, state, local, or private resources
(c) The department shall coordinate with interested parties and communities in developing the strategic plan under this section.
(d) The department shall annually update the strategic plan developed under this section.
(e) The department shall post the strategic plan developed under this § and any update to the plan on its Internet website.
§ 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO.
The department may not allow the use of the department's name or identifying logo or insignia on forms or other materials related to the department's prevention and early intervention services that are:
(1) provided by the department's contractors; or
(2) distributed by the department's contractors to the department's clients.
§ 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY INTERVENTION SERVICES.
(a) To improve the effectiveness and delivery of prevention and early intervention services, the department shall:
(1) identify geographic areas that have a high need for prevention and early intervention services but do not have prevention and early intervention services available in the area or have only unevaluated prevention and early intervention services available in the area; and
(2) develop strategies for community partners to:
(A) improve the early recognition of child abuse or neglect;
(B) improve the reporting of child abuse and neglect; and
(C) reduce child fatalities.
(b) The department may not use data gathered under this § to identify a specific family or individual.
§ 265.008. EVALUATION OF PREVENTION AND EARLY INTERVENTION SERVICES.
(a) The department may enter into agreements with institutions of higher education to conduct efficacy reviews of any prevention and early intervention services provided under this chapter that have not previously been evaluated for effectiveness in a research evaluation. The efficacy review shall include, when possible, a cost-benefit analysis of the program to the state and, when applicable, the return on investment of the program to the state.
(b) The department may not enter into an agreement to conduct a program efficacy evaluation under this § unless:
(1) the agreement with the institution of higher education is cost neutral; and
(2) the department and institution of higher education conducting the evaluation under this § protect the identity of individuals who are receiving services from the department that are being evaluated.
CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS
§ 265.051. DEFINITIONS.
In this subchapter:
(1) "Children's trust fund" means a child abuse and neglect primary prevention program.
(2) "Primary prevention" means services and activities available to the community at large or to families to prevent child abuse and neglect before it occurs. The term includes infant mortality prevention education programs.
(3) "Operating fund" means the Department of Family and Protective Services child abuse and neglect prevention operating fund account.
(4) "State agency" means a board, commission, department, office, or other state agency that:
(A) is in the executive branch of the state government;
(B) was created by the constitution or a statute of this state; and
(C) has statewide jurisdiction.
(5) "Trust fund" means the child abuse and neglect prevention trust fund account.
§ 265.052. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS.
(a) The department shall operate the children's trust fund to:
(1) set policy, offer resources for community primary prevention programs, and provide information and education on prevention of child abuse and neglect;
(2) develop a state plan for expending funds for child abuse and neglect primary prevention programs that includes an annual schedule of transfers of trust fund money to the operating fund;
(3) develop eligibility criteria for applicants requesting funding for child abuse and neglect primary prevention programs; and
(4) establish funding priorities for child abuse and neglect primary prevention programs.
(b) The children's trust fund shall accommodate the department's existing rules and policies in procuring, awarding, and monitoring contracts and grants.
(c) The department may:
(1) apply for and receive funds made available by the federal government or another public or private source for administering programs under this subchapter and for funding for child abuse and neglect primary prevention programs; and
(2) solicit donations for child abuse and neglect primary prevention programs.
§ 265.053. ADMINISTRATIVE AND OTHER COSTS.
(a) Administrative costs under this subchapter during any fiscal year may not exceed an amount equal to 50 percent of the interest credited to the trust fund during the preceding fiscal year.
(b) Funds expended under a special project grant from a governmental source or a nongovernmental source for public education or public awareness may not be counted as administrative costs for the purposes of this section.
§ 265.054. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND ACCOUNT.
(a) The child abuse and neglect prevention trust fund account is an account in the general revenue fund. Money in the trust fund is dedicated to child abuse and neglect primary prevention programs.
(b) The department may transfer money contained in the trust fund to the operating fund at any time. However, during a fiscal year the department may not transfer more than the amount appropriated for the operating fund for that fiscal year. Money transferred to the operating fund that was originally deposited to the credit of the trust fund under § 118.022, Local Government Code, may be used only for child abuse and neglect primary prevention programs.
(c) Interest earned on the trust fund shall be credited to the trust fund.
(d) The trust fund is exempt from the application of § 403.095, Government Code.
(e) All marriage license fees and other fees collected for and deposited in the trust fund and interest earned on the trust fund balance shall be appropriated each biennium only to the operating fund for child abuse and neglect primary prevention programs.
§ 265.055. DEPARTMENT OPERATING FUND ACCOUNT.
(a) The operating fund is an account in the general revenue fund.
(b) Administrative and other costs allowed in § 265.053 shall be taken from the operating fund. The department may transfer funds contained in the operating fund to the trust fund at any time.
(c) The legislature may appropriate the money in the operating fund to carry out the provisions of this subchapter.
(d) The operating fund is exempt from the application of § 403.095, Government Code.
§ 265.056. CONTRIBUTIONS.
(a) The department may solicit contributions from any appropriate source.
(b) Any other contributions for child abuse and neglect primary prevention or other prevention and early intervention programs shall be deposited into a separate designated fund in the state treasury and shall be used for that designated purpose.
(c) A person may contribute funds to either the trust fund, the operating fund, or a fund designated by the department for a specific child abuse and neglect primary prevention or other prevention or early intervention purpose.
(d) If a person designates that a contribution is intended as a donation to a specific fund, the contribution shall be deposited in the designated fund.
§ 265.057. COMMUNITY YOUTH DEVELOPMENT GRANTS.
(a) Subject to available funding, the department shall award community youth development grants to communities identified by incidence of crime. The department shall give priority in awarding grants under this § to areas of the state in which there is a high incidence of juvenile crime.
(b) The purpose of a grant under this § is to assist a community in alleviating conditions in the family and community that lead to juvenile crime.
NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM
§ 265.101. DEFINITIONS.
In this subchapter:
(1) "Competitive grant program" means the nurse-family partnership competitive grant program established under this subchapter.
(2) "Partnership program" means a nurse-family partnership program.
§ 265.102. OPERATION OF NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM.
(a) The department shall operate a nurse-family partnership competitive grant program through which the department will award grants for the implementation of nurse-family partnership programs, or the expansion of existing programs, and for the operation of those programs for a period of not less than two years.
(b) The department shall award grants under the program to applicants, including applicants operating existing programs, in a manner that ensures that the partnership programs collectively:
(1) operate in multiple communities that are geographically distributed throughout this state; and
(2) provide program services to approximately 2,000 families.
§ 265.103. PARTNERSHIP PROGRAM REQUIREMENTS.
A partnership program funded through a grant awarded under this subchapter must:
(1) strictly adhere to the program model developed by the Nurse-Family Partnership National Service Office, including any clinical, programmatic, and data collection requirements of that model;
(2) require that registered nurses regularly visit the homes of low-income, first-time mothers participating in the program to provide services designed to:
(A) improve pregnancy outcomes;
(B) improve child health and development;
(C) improve family economic self-sufficiency and stability; and
(D) reduce the incidence of child abuse and neglect;
(3) require that nurses who provide services through the program:
(A) receive training from the office of the attorney general at least once each year on procedures by which a person may voluntarily acknowledge the paternity of a child and on the availability of child support services from the office;
(B) provide a mother with information about the rights, responsibilities, and benefits of establishing the paternity of her child, if appropriate;
(C) provide assistance to a mother and the alleged father of her child if the mother and alleged father seek to voluntarily acknowledge paternity of the child, if appropriate; and
(D) provide information to a mother about the availability of child support services from the office of the attorney general; and
(4) require that the regular nurse visits described by Subdivision (2) begin not later than a mother's 28th week of gestation and end when her child reaches two years of age.
§ 265.104. APPLICATION.
(a) A public or private entity, including a county, municipality, or other political subdivision of this state, may apply for a grant under this subchapter.
(b) To apply for a grant, an applicant must submit a written application to the department on a form prescribed by the department in consultation with the Nurse-Family Partnership National Service Office.
(c) The application prescribed by the department must:
(1) require the applicant to provide data on the number of low-income, first-time mothers residing in the community in which the applicant proposes to operate or expand a partnership program and provide a description of existing services available to those mothers;
(2) describe the ongoing monitoring and evaluation process to which a grant recipient is subject under § 265.109, including the recipient's obligation to collect and provide information requested by the department under § 265.109(c); and
(3) require the applicant to provide other relevant information as determined by the department.
§ 265.105. ADDITIONAL CONSIDERATIONS IN AWARDING GRANTS.
In addition to the factors described by §§ 265.102(b) and 265.103, in determining whether to award a grant to an applicant under this subchapter, the department shall consider:
(1) the demonstrated need for a partnership program in the community in which the applicant proposes to operate or expand the program, which may be determined by considering:
(A) the poverty rate, the crime rate, the number of births to Medicaid recipients, the rate of poor birth outcomes, and the incidence of child abuse and neglect during a prescribed period in the community; and
(B) the need to enhance school readiness in the community;
(2) the applicant's ability to participate in ongoing monitoring and performance evaluations under § 265.109, including the applicant's ability to collect and provide information requested by the department under § 265.109(c);
(3) the applicant's ability to adhere to the partnership program standards adopted under § 265.106;
(4) the applicant's ability to develop broad-based community support for implementing or expanding a partnership program, as applicable; and
(5) the applicant's history of developing and sustaining innovative, high-quality programs that meet the needs of families and communities.
§ 265.106. PARTNERSHIP PROGRAM STANDARDS.
The commissioner, with the assistance of the Nurse-Family Partnership National Service Office, shall adopt standards for the partnership programs funded under this subchapter. The standards must adhere to the Nurse-Family Partnership National Service Office program model standards and guidelines that were developed in multiple, randomized clinical trials and have been tested and replicated in multiple communities.
§ 265.107. USE OF AWARDED GRANT FUNDS.
The grant funds awarded under this subchapter may be used only to cover costs related to implementing or expanding and operating a partnership program, including costs related to:
(1) administering the program;
(2) training and managing registered nurses who participate in the program;
(3) paying the salaries and expenses of registered nurses who participate in the program;
(4) paying for facilities and equipment for the program; and
(5) paying for services provided by the Nurse-Family Partnership National Service Office to ensure a grant recipient adheres to the organization's program model.
§ 265.108. STATE NURSE CONSULTANT.
Using money appropriated for the competitive grant program, the department shall hire or contract with a state nurse consultant to assist grant recipients with implementing or expanding and operating the partnership programs in the applicable communities.
§ 265.109. PROGRAM MONITORING AND EVALUATION; ANNUAL COMMITTEE REPORTS.
(a) The department, with the assistance of the Nurse-Family Partnership National Service Office, shall:
(1) adopt performance indicators that are designed to measure a grant recipient's performance with respect to the partnership program standards adopted by the commissioner under § 265.106;
(2) use the performance indicators to continuously monitor and formally evaluate on an annual basis the performance of each grant recipient; and
(3) prepare and submit an annual report, not later than December 1 of each year, to the Senate Health and Human Services Committee, or its successor, and the House Human Services Committee, or its successor, regarding the performance of each grant recipient during the preceding state fiscal year with respect to providing partnership program services.
(b) The report required under Subsection (a)(3) must include:
(1) the number of low-income, first-time mothers to whom each grant recipient provided partnership program services and, of that number, the number of mothers who established the paternity of an alleged father as a result of services provided under the program;
(2) the extent to which each grant recipient made regular visits to mothers during the period described by § 265.103(4); and
(3) the extent to which each grant recipient adhered to the Nurse-Family Partnership National Service Office's program model, including the extent to which registered nurses:
(A) conducted home visitations comparable in frequency, duration, and content to those delivered in Nurse-Family Partnership National Service Office clinical trials; and
(B) assessed the health and well-being of mothers and children participating in the partnership programs in accordance with indicators of maternal, child, and family health defined by the department in consultation with the Nurse-Family Partnership National Service Office.
(c) On request, each grant recipient shall timely collect and provide data and any other information required by the department to monitor and evaluate the recipient or to prepare the report required by this section.
§ 265.110. COMPETITIVE GRANT PROGRAM FUNDING.
(a) The department shall actively seek and apply for any available federal funds, including federal Medicaid and Temporary Assistance for Needy Families (TANF) funds, to assist in financing the competitive grant program established under this subchapter.
(b) The department may use appropriated funds from the state government and may accept gifts, donations, and grants of money from the federal government, local governments, private corporations, or other persons to assist in financing the competitive grant program.
§ 265.151. PARENTING EDUCATION PROGRAMS.
(a) A parenting education program provided by the department must be an evidence-based program or a promising practice program described by this section.
(b) An evidence-based program is a parenting education program that:
(1) is research-based and grounded in relevant, empirical knowledge and program-determined outcomes;
(2) has comprehensive standards ensuring the highest quality service delivery with continuous improvement in the quality of service delivery;
(3) has demonstrated significant positive short-term and long-term outcomes;
(4) has been evaluated by at least one rigorous, random, controlled research trial across heterogeneous populations or communities with research results that have been published in a peer-reviewed journal;
(5) substantially complies with a program manual or design that specifies the purpose, outcomes, duration, and frequency of the program services; and
(6) employs well-trained and competent staff and provides continual relevant professional development opportunities to the staff.
(c) A promising practice program is a parenting education program that:
(1) has an active impact evaluation program or demonstrates a schedule for implementing an active impact evaluation program;
(2) has been evaluated by at least one outcome-based study demonstrating effectiveness or random, controlled trial in a homogeneous sample;
(3) substantially complies with a program manual or design that specifies the purpose, outcomes, duration, and frequency of the program services;
(4) employs well-trained and competent staff and provides continual relevant professional development opportunities to the staff; and
(5) is research-based and grounded in relevant, empirical knowledge and program-determined outcomes.
§ 265.152. OUTCOMES OF EVIDENCE-BASED PARENTING EDUCATION.
The department shall ensure that a parenting education program provided under this chapter achieves favorable behavioral outcomes in at least two of the following areas:
(1) improved cognitive development of children;
(2) increased school readiness of children;
(3) reduced child abuse, neglect, and injury;
(4) improved child safety;
(5) improved social-emotional development of children;
(6) improved parenting skills, including nurturing and bonding;
(7) improved family economic self-sufficiency;
(8) reduced parental involvement with the criminal justice system; and
(9) increased paternal involvement and support.
§ 265.153. EVALUATION OF EVIDENCE-BASED PARENTING EDUCATION.
(a) The department shall adopt outcome indicators to measure the effectiveness of parenting education programs provided under this chapter in achieving desired outcomes.
(b) The department may work directly with the model developer of a parenting education program to identify appropriate outcome indicators for the program and to ensure that the program substantially complies with the model.
(c) The department shall develop internal processes to share information with parenting education programs to assist the department in analyzing the performance of the programs.
(d) The department shall use information obtained under this § to:
(1) monitor parenting education programs;
(2) continually improve the quality of the programs; and
(3) evaluate the effectiveness of the programs.
§ 265.154. REPORTS TO LEGISLATURE.
(a) Not later than December 1 of each even-numbered year, the department shall prepare and submit a report on state-funded parenting education programs to the standing committees of the senate and house of representatives with jurisdiction over child protective services.
(b) A report submitted under this § must include:
(1) a description of the parenting education programs implemented and of the models associated with the programs;
(2) information on the families served by the programs, including the number of families served and their demographic information;
(3) the goals and achieved outcomes of the programs;
(4) information on the cost for each family served, including any available third-party return-on-investment analysis; and
(5) information explaining the percentage of money spent on evidence-based programs and on promising practice programs.
§ 265.155. RULES.
The commissioner of the department may adopt rules as necessary to implement this subchapter.
FAMILY CODE, TITLE 5. SUBTITLE E. CHAPTER 265.