1. CPS Legislative Update August 5, 2009 Jane Burstain, CPPP Sarah Abrahams, Casey Family Programs Madeline McClure, TexProtects Jodie Smith, Texans Care for Children

2. Overview Of Presentation Major CPS appropriation/legislation Prevention appropriation/legislation Agency coordination legislation Discussion about what’s next

3. Major CPS Legislation Refine existing structure with focus on: –Support for families and relatives –Children in PMC –Youth aging out

4. 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

5. 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 –1 st 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

6. 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 25 th 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

7. 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.

8. DFPS PEI Division DescriptionFY 2002-2003 FY 2004-2005 Change % vs. FY 02- 03 FY 2006-2007 Change % vs. FY 04- 05 FY 2008-2009 Change % vs. FY06- 07 FY 2010- 2011 Change % vs. FY 08- 09 STAR PROGRAM Services to At-Risk Youth Program $40,814,988$34,942,670-14.4$42,001,72020.2$42,001,7210$43,720,0004% CYD PROGRAM Community Youth Development Program 15,111,90113,105,282-13.3$15,795,19620.5$15,695,197015,695,1980 TEXAS FAMILIES PROGRAM Texas Families: Together and Safe Program 9,004,6878,336,882-7.4$8,336,88208,243,756-1.18,243,7560 CHILD ABUSE PREVENTION GRANTSCommunity Based Child Abuse Prevention-Fed. Grant 3,451,9923,584,7743.8$3,584,77403,591,698.23,626,7301% OTHER AT-RISK PREVENTION PROGRAMS (Formerly program line items such as HFA, Family Outreach, PAT, other in- home visitation) 23,416,4320-100%$9,360,564+100%$13,911,7334817,911,82029% AT-RISK PREVENTION PROGRAM SUPPORT At-Risk Prevention Services Program Support (PEI staff support plus Runaway and Youth Hotlines) 00$4,883,152$3,711,208-31.64,287,91815.5% Nurse Family Partnership Competitive Grants (under HHSC budget) $7,900,000 n/a17,800,000225% TOTAL PREVENTION Adjusted for CIS spin-off Without Nurse Family Partnership $126 $91.8 $95.3 $60 -24 -34.6$83.9+40 $95,055,313 $87,155,313 ex NFP 11.3% 3.9% ex NFP $111,285,422 $93,485,422 ex NFP 17% 7.2% ex NFP [1] [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 78 th R Session. [2] [2] Nurse Family Partnership was allocated to HHSC to administer, not DFPS.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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

18. 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

19. 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.

20. CPPP Resources CPPP summary of CPS and the 81 st Legislature: http://cppp.org/files/4/412_CPS.pdf http://cppp.org/files/4/412_CPS.pdf CPPP policy page on Fostering Connections Act: http://cppp.org/files/4/newfostercare.pdf http://cppp.org/files/4/newfostercare.pdf CPPP policy page on CPS workforce issues: http://cppp.org/files/4/364%20DFPS%20workforce.pdf 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.pdfhttp://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 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 http://cppp.org/files/4/Jan%2009%20update.pdf

21. 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

22. 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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