Tex. Fam. Code § 264.151-264.154

TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE CHAPTER 264 • CHILD WELFARE SERVICES Subchapter X: SUBCHAPTER B-1. COMMUNITY-BASED CARE Sec. 264.151. LEGISLATIVE INTENT. (a) It is the intent of the legislature that the department contract with community-based nonprofit and local governmental entities that have the ability to provide child welfare services. The services provided by the entities must include direct case management to ensure child safety, permanency, and well-being, in accordance with state and federal child welfare goals. (b) It is the intent of the legislature that the provision of community-based care for children be implemented with measurable goals relating to: (1) the safety of children in placements; (2) the placement of children in each child's home community; (3) the provision of services to children in the least restrictive environment possible and, if possible, in a family home environment; (4) minimal placement changes for children; (5) the maintenance of contact between children and their families and other important persons; (6) the placement of children with siblings; (7) the provision of services that respect each child's culture; (8) the preparation of children and youth in foster care for adulthood; (9) the provision of opportunities, experiences, and activities for children and youth in foster care that are available to children and youth who are not in foster care; (10) the participation by children and youth in making decisions relating to their own lives; (11) the reunification of children with the biological parents of the children when possible; and (12) the promotion of the placement of children with relative or kinship caregivers if reunification is not possible. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. the placement of children with relative or kinship caregivers if reunification is not possible. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.152. DEFINITIONS. Except as otherwise provided, in this subchapter: (1) "Alternative caregiver" means a person who is not the foster parent of the child and who provides temporary care for the child for more than 12 hours but less than 60 days. (2) "Case management" means the provision of case management services to a child for whom the department has been appointed temporary or permanent managing conservator or to the child's family, a young adult in extended foster care, a relative or kinship caregiver, or a child who has been placed in the catchment area through the Interstate Compact on the Placement of Children, and includes: (A) caseworker visits with the child; (B) family and caregiver visits; (C) convening and conducting permanency planning meetings; (D) the development and revision of child and family plans of service, including a permanency plan and goals for a child or young adult in care; (E) the coordination and monitoring of services required by the child and the child's family or caregivers, including: (i) pre-adoption and post-adoption assistance; (ii) services for children in the conservatorship of the department who must transition to independent living; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (iii) services related to family reunification, including services to support a monitored return; (F) the assumption of court-related duties regarding the child, including: (i) providing any required notifications or consultations; (ii) preparing court reports; (iii) attending judicial and permanency hearings, trials, and mediation ties regarding the child, including: (i) providing any required notifications or consultations; (ii) preparing court reports; (iii) attending judicial and permanency hearings, trials, and mediations; (iv) complying with applicable court orders; and (v) ensuring the child is progressing toward the goal of permanency within state and federally mandated guidelines; and (G) any other function or service that the department determines necessary to allow a single source continuum contractor to assume responsibility for case management. (3) "Catchment area" means a geographic service area for providing child protective services that is identified as part of community-based care. (4) "Community-based care" means the provision of child welfare services in accordance with state and federal child welfare goals by a community-based nonprofit or a local governmental entity under a contract that includes direct case management to: (A) prevent entry into foster care; (B) reunify and preserve families; (C) ensure child safety, permanency, and well-being; and (D) reduce future referrals of children or parents to the department. (5) "Faith-based organization" means a religious or denominational institution or organization, including an organization operated for religious, educational, or charitable purposes and operated, supervised, or controlled, in whole or in part, by or in connection with a religious organization. (6) "Family preservation service" means time-limited, family-focused services, including services subject to the Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123) and services approved under the Title IV-E state plan provided to the family of a child who is: (A) a candidate for foster care to prevent or eliminate the need to remove the child and to allow the child to remain safely with the child's family; (B) a pregnant or parenting foster youth; or (C) a member of a household that is subject to an order rend e need to remove the child and to allow the child to remain safely with the child's family; (B) a pregnant or parenting foster youth; or (C) a member of a household that is subject to an order rendered under Section 264.203. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 6, eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 7, eff. September 1, 2025. Sec. 264.153. COMMUNITY-BASED CARE IMPLEMENTATION PLAN. (a) The department shall develop and maintain a plan for implementing community-based care. The plan must: (1) describe the department's expectations, goals, and approach to implementing community-based care; (2) include a timeline for implementing community-based care throughout this state, any limitations related to the implementation, and a progressive intervention plan and a contingency plan to provide continuity of the delivery of foster care services and services for relative and kinship caregivers if a contract with a single source continuum contractor ends prematurely; (3) delineate and define the case management roles and responsibilities of the department and the department's contractors and the duties, employees, and related funding that will be transferred to the contractor by the department; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (4) identify any training needs and include long-range and continuous plans for training and cross-training staff, including plans to train caseworkers using the standardized curriculum created by the human trafficking prevention task force under Section 402.035(d)(6), Government Code, as that section existed on August 31, 2017; (5) include a plan for evaluating the costs and tasks associated with each contract procurement, including t under Section 402.035(d)(6), Government Code, as that section existed on August 31, 2017; (5) include a plan for evaluating the costs and tasks associated with each contract procurement, including the initial and ongoing contract costs for the department and contractor; (6) include the department's contract monitoring approach and a plan for evaluating the continuous performance of each contractor and the community-based care system as a whole that includes an evaluation of each contractor's processes and fiscal and qualitative outcomes; and (7) include a report on transition issues resulting from implementation of community-based care. (b) The department shall annually: (1) update the implementation plan developed under this section and post the updated plan on the department's Internet website; and (2) post on the department's Internet website the progress the department has made toward its goals for implementing community-based care, including: (A) performance measure data from each single source continuum contractor; (B) quality improvement plans and corrective action plans for each contractor; and (C) a summary of contractor actions to be taken to address the plans described by Paragraph (B). Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 57, eff. September 1, 2015. Transferred, redesignated and amended from Family Code, Section 264.126 by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(b), eff. September 1, 2017. Amended by: Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 8, eff. September 1, 2025. Sec. 264.154. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM CONTRACTOR; SELECTION; PUBLICATION. (a) To enter into a contract with the commission or department to serve as a single source continuum contractor to provide services under this subchapter, an entity must be: (1) a nonprofit entity that has: (A) an organizational mission focused on child welfare; and (B) a majority of the entity's board members residing i rvices under this subchapter, an entity must be: (1) a nonprofit entity that has: (A) an organizational mission focused on child welfare; and (B) a majority of the entity's board members residing in this state; or (2) a governmental entity. (b) In selecting a single source continuum contractor, the department shall consider whether a prospective contractor for a catchment area has demonstrated experience in providing services to children and families in the catchment area. (c) The department shall request local stakeholders in a catchment area, including those listed in Section 264.155(a)(8), to provide any necessary information about the catchment area that will assist the department in: (1) preparing the department's request for bids, proposals, or other applicable expressions of interest to provide community-based care in the catchment area; and (2) selecting a single source continuum contractor to provide community-based care in the catchment area. (d) The department shall annually post on the department's Internet website: (1) the list of single source continuum contractors providing services under this subchapter; and (2) a description of each contractor's full corporate structure, including divisions and subsidiaries. (e) A single source continuum contractor shall provide information described by Subsection (d)(2) to the department. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 7, eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 9, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 10, eff. September 1, 2025. Sec. 264.155. CONTRACT PROVISIONS. Text of subsection as amended by Acts 2025, 89th Leg., ff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 10, eff. September 1, 2025. Sec. 264.155. CONTRACT PROVISIONS. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 648 (H.B. 4129), Sec. 1 (a) A contract with a single source continuum contractor to provide community-based care services in a catchment area must include provisions that: (1) establish a timeline for the implementation of community-based care in the catchment area, including a timeline for implementing: (A) case management services for children, families, and relative and kinship caregivers receiving services in the catchment area; and (B) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family; (2) establish conditions for the single source continuum contractor's access to relevant department data and require the participation of the contractor in the data access and standards governance council created under Section 264.159; (3) require the single source continuum contractor to create a single process for the training and use of alternative caregivers for all child-placing agencies in the catchment area to facilitate reciprocity of licenses for alternative caregivers between agencies, including respite and overnight care providers, as those terms are defined by department rule; (4) require the single source continuum contractor to maintain a diverse network of service providers that offer a range of foster capacity options and that can accommodate children from diverse cultural backgrounds; (5) allow the department to conduct a performance review of the contractor beginning 18 months after the contractor has begun providing case management and family reunification support services to all children and families in the catchment area and determine if the contractor has achieved any performance outcomes specified in the contract; (6) following the review under on support services to all children and families in the catchment area and determine if the contractor has achieved any performance outcomes specified in the contract; (6) following the review under Subdivision (5), allow the department to: (A) impose financial penalties on the contractor for failing to meet any specified performance outcomes; or (B) award financial incentives to the contractor for exceeding any specified performance outcomes; (7) require the contractor to give preference for employment to employees of the department: (A) whose position at the department is impacted by the implementation of community-based care; and (B) who are considered by the department to be employees in good standing; (8) require the contractor to provide preliminary and ongoing community engagement plans to ensure communication and collaboration with local stakeholders in the catchment area, including any of the following: (A) community faith-based entities; (B) the judiciary; (C) court-appointed special advocates; (D) child advocacy centers; (E) service providers; (F) foster families; (G) biological parents; (H) foster youth and former foster youth; (I) relative or kinship caregivers; (J) child welfare boards, if applicable; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (K) attorneys ad litem; (L) attorneys that represent parents involved in suits filed by the department; and (M) any other stakeholders, as determined by the contractor; (9) require that the contractor comply with any applicable court order issued by a court of competent jurisdiction in the case of a child for whom the contractor has assumed case management responsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor; and (10) require the department to implement formal measures to ensure the co sponsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor; and (10) require the department to implement formal measures to ensure the contractor is delivering high-quality service, including quality improvement plans, financial interventions, and other appropriate interventions or restrictions. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 12 (a) A contract with a single source continuum contractor to provide community-based care services in a catchment area must include provisions that: (1) establish a sequential plan for the implementation of community-based care in the catchment area, including a sequential plan for implementing the following in an order determined by the department based on community needs and readiness and contractor capacity: (A) family preservation services; (B) case management services for children, families, and relative and kinship caregivers receiving services in the catchment area; and (C) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family; (2) establish conditions for the single source continuum contractor's access to relevant department data and require the participation of the contractor in the data access and standards governance council created under Section 264.159; (3) require the single source continuum contractor to create a single process for the training and use of alternative caregivers for all child-placing agencies in the catchment area to facilitate reciprocity of licenses for alternative caregivers between agencies, including respite and overnight care providers, as those terms are defined by department rule; (4) require the single source continuum contractor to maintain a diverse network of service providers that offer a range of foster capacity options and that can accommodate children from diverse cultural bac ire the single source continuum contractor to maintain a diverse network of service providers that offer a range of foster capacity options and that can accommodate children from diverse cultural backgrounds; (5) require the department to conduct annual performance reviews of the contractor beginning on the first anniversary of the contract to: (A) determine if the contractor has achieved applicable performance outcomes and other requirements specified in the contract as determined by services implemented at the time of the review, including data related to: (i) the percentage of children reunified with their families after a suit is filed by the department; (ii) the percentage of children who reenter the conservatorship of the department; (iii) the percentage of children who remain in the conservatorship of the department until the age of majority; (iv) the percentage of children who experience multiple placement moves while in substitute care; and (v) the percentage of families completing family preservation services to mitigate findings of abuse or neglect; (B) ensure service authorizations are based on documented criteria and are not being used to negatively impact a child's access to care by conducting utilization reviews on a sample of cases at least biennially; (C) review the contractor's compliance with requirements related to conflicts of interest and financial disclosures; and (D) assess the adequacy of the contractor's provider network and service delivery system; (6) following the review under Subdivision (5), require the department to: (A) publish the review on the department's Internet website; (B) impose financial remedies on the contractor for failing to: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (i) meet applicable performance outcomes, contract requirements, or deliverables, as determined by ser --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (i) meet applicable performance outcomes, contract requirements, or deliverables, as determined by services implemented at the time of the review; or (ii) follow applicable court orders relating to child welfare; (C) award financial incentives to the contractor for exceeding applicable performance outcomes as determined by services implemented at the time of the review; and (D) if deficiencies in the provision of services are identified, impose a corrective action plan to address the deficiencies that: (i) includes a timeline for addressing the deficiencies; and (ii) provides for escalating interventions if deficiencies are not addressed; (7) require the department to implement formal measures to ensure the contractor is delivering high-quality service, including quality improvement plans, financial interventions, and other appropriate interventions or restrictions; (8) require the adoption of a capitated funding methodology for the provision of all services not later than the third anniversary of the date the contract is executed; (9) for a catchment area in which a contractor has not implemented services before September 1, 2023, if family preservation services are included in the initial service implementation, require: (A) an external review to ensure the contractor has adequate systems and processes in place to effectively provide family preservation services; (B) the establishment of performance outcomes specific to family preservation services; and (C) the achievement of the performance outcomes as a condition of continued provision or expansion of family preservation services; (10) require the contractor to give preference for employment to employees of the department: (A) whose position at the department is impacted by the implementation of community-based care; and (B) who are considered by the department to be employees in good standing; ees of the department: (A) whose position at the department is impacted by the implementation of community-based care; and (B) who are considered by the department to be employees in good standing; (11) require the contractor to implement preliminary and ongoing community engagement plans to ensure communication and collaboration with local stakeholders in the catchment area that include the establishment of a community advisory committee that: (A) meets at least quarterly; (B) maintains, as the majority of the committee's membership, members not employed by or contracted with the contractor; and (C) includes representatives from any of the following: (i) community faith-based organizations; (ii) the judiciary; (iii) court-appointed special advocates; (iv) child advocacy centers; (v) service providers; (vi) foster families; (vii) biological parents; (viii) foster youth and former foster youth; (ix) relative or kinship caregivers; (x) child welfare boards, if applicable; (xi) attorneys ad litem; (xii) attorneys that represent parents involved in suits filed by the department; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (xiii) any other stakeholders, as determined by the contractor; (12) require the department to include findings and recommendations from the advisory committee established under Subdivision (11) in: (A) the annual performance review under Subdivision (5); (B) any corrective action plan under Subdivision (6)(D); and (C) any other applicable quality improvement measures; and (13) require that the contractor comply with any applicable court order issued by a court of competent jurisdiction in the case of a child for whom the contractor has assumed case management responsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor. Tex he case of a child for whom the contractor has assumed case management responsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 844 (S.B. 1589), Sec. 1 (a) A contract with a single source continuum contractor to provide community-based care services in a catchment area must include provisions that: (1) establish a timeline for the implementation of community-based care in the catchment area, including a timeline for implementing: (A) case management services for children, families, and relative and kinship caregivers receiving services in the catchment area; and (B) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family; (2) establish conditions for the single source continuum contractor's access to relevant department data and require the participation of the contractor in the data access and standards governance council created under Section 264.159; (3) require the single source continuum contractor to create a single process for the training and use of alternative caregivers for all child-placing agencies in the catchment area to facilitate reciprocity of licenses for alternative caregivers between agencies, including respite and overnight care providers, as those terms are defined by department rule; (4) require the single source continuum contractor to maintain a diverse network of service providers that offer a range of foster capacity options and that can accommodate children from diverse cultural backgrounds; (5) allow the department to conduct a performance review of the contractor beginning 18 months after the contractor has begun providing case management and family reunification support services to all children and families in the catchment area and determine if the contractor has achieved any performance outcomes specif gun providing case management and family reunification support services to all children and families in the catchment area and determine if the contractor has achieved any performance outcomes specified in the contract; (6) following the review under Subdivision (5), allow the department to: (A) impose financial penalties on the contractor for failing to meet any specified performance outcomes; or (B) award financial incentives to the contractor for exceeding any specified performance outcomes; (7) require the contractor to give preference for employment to employees of the department: (A) whose position at the department is impacted by the implementation of community-based care; and (B) who are considered by the department to be employees in good standing; (8) require the contractor to provide preliminary and ongoing community engagement plans to ensure communication and collaboration with local stakeholders in the catchment area, including any of the following: (A) community faith-based entities; (B) the judiciary; (C) court-appointed special advocates; (D) child advocacy centers; (E) service providers; (F) foster families; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (G) biological parents; (H) foster youth and former foster youth; (I) relative or kinship caregivers; (J) child welfare boards, if applicable; (K) attorneys ad litem; (L) attorneys that represent parents involved in suits filed by the department; and (M) any other stakeholders, as determined by the contractor; (9) require that the contractor comply with any applicable court order issued by a court of competent jurisdiction in the case of a child for whom the contractor has assumed case management responsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor; and (10) allow the depart r whom the contractor has assumed case management responsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor; and (10) allow the department, at the department's sole discretion, to: (A) reclaim the case management authority over any or all of the cases in a catchment area from the single source continuum contractor; or (B) transfer the case management authority over any or all of the cases in a catchment area from the single source continuum contractor to another single source continuum contractor. (a-1) A contract with a single source continuum contractor to provide community-based care services in a catchment area may include provisions that require the contractor to develop a program to recruit and retain foster parents from faith-based organizations, including requirements for the contractor to: (1) collaborate with faith-based organizations to inform prospective foster parents about: (A) the need for foster parents in the community; (B) the requirements for becoming a foster parent; and (C) any other aspect of the foster care program that is necessary to recruit foster parents; (2) provide training for prospective foster parents; and (3) identify and recommend ways in which faith-based organizations may support persons as they are recruited, are trained, and serve as foster parents. (b) A contract with a single source continuum contractor under this subchapter must be consistent with the requirements of applicable law and may only include terms authorized by the laws or rules of this state. (c) In regions identified for implementing community-based care and in regions where community-based care has been implemented, a contractor may apply to the department for a waiver from any statutory and regulatory requirement to increase innovation and flexibility for achieving contractual performance outcomes. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. Septem tory and regulatory requirement to increase innovation and flexibility for achieving contractual performance outcomes. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 8, eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 648 (H.B. 4129), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 11, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 12, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 844 (S.B. 1589), Sec. 1, eff. September 1, 2025. Sec. 264.156. READINESS REVIEW PROCESS FOR COMMUNITY-BASED CARE CONTRACTOR. (a) The department shall develop a formal review process to assess the ability of a single source continuum contractor to satisfy the responsibilities and administrative requirements of delivering foster care services and services for relative and kinship caregivers, including the contractor's ability to provide: (1) family preservation services; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (2) case management services for children and families; (3) evidence-based, promising practice, or evidence-informed supports for children and families; and (4) sufficient available capacity for inpatient and outpatient services and supports for children at all service levels who have previously been placed in the catchment area. (b) As part of the readiness review process, the single source continuum contractor must prepare a plan detailing the methods by which the contractor will avoid or eliminate conflicts of interest. The department may not transfer services to the contractor until the department has determined the plan is adequate. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021. (d not transfer services to the contractor until the department has determined the plan is adequate. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021. (d) If after conducting the review process developed under Subsection (a) the department determines that a single source continuum contractor is able to adequately deliver foster care services and services for relative and kinship caregivers in advance of the projected dates stated in the timeline included in the contract with the contractor, the department may adjust the timeline to allow for an earlier transition of service delivery to the contractor. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 13, eff. September 1, 2025. Sec. 264.157. EXPANSION OF COMMUNITY-BASED CARE. (a) Not later than the last day of the state fiscal biennium, the department shall: (1) identify the catchment areas in the state where the department will implement community-based care; and (2) following the implementation of community-based care services in those catchment areas, retain an entity based in this state that is independent of the department to conduct an evaluation of the implementation process and the single source continuum contractor performance in each catchment area. (b) Notwithstanding the process for the expansion of community-based care described in Subsection (a), the department shall accept and evaluate unsolicited proposals from entities based in this state to provide community-based care services in a geographic service area where the department has not implemented community-based care. An entity that submits a proposal to provide community-based care services must ensure that it meets all criteria outlined by this subchapter and must demonstrate established connect ity-based care. An entity that submits a proposal to provide community-based care services must ensure that it meets all criteria outlined by this subchapter and must demonstrate established connections to the area the entity proposes to serve. The Health and Human Services Commission in conjunction with the department shall adopt rules to ensure that proposals submitted under this subsection comply with state procurement laws and rules. (c) In expanding community-based care, the department may change the geographic boundaries of catchment areas as necessary to align with specific communities or to enable satisfactory unsolicited proposals for community-based care services to be accepted and implemented. (d) The department shall ensure the continuity of services for children and families during the transition period to community-based care in a catchment area. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 9, eff. June 14, 2021. Sec. 264.158. TRANSFER OF CASE MANAGEMENT SERVICES TO SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment area where community-based care has been implemented or a contract with a single source continuum contractor has been executed before September 1, 2017, the department shall transfer to the single source continuum contractor providing foster care services in that area: (1) family preservation services; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (2) the case management of children, relative and kinship caregivers, and families receiving services from that contractor; and (3) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family for the period of time ordered by the court. r; and (3) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family for the period of time ordered by the court. (b) The commission shall include a provision in a contract with a single source continuum contractor to provide foster care services and services for relative and kinship caregivers in a catchment area to which community-based care is expanded after September 1, 2017, that requires the transfer to the contractor of the provision of: (1) family preservation services; (2) the case management services for children, relative and kinship caregivers, and families in the catchment area where the contractor will be operating; and (3) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family. (c) The department shall collaborate with a single source continuum contractor to establish an initial case transfer planning team to: (1) address any necessary data transfer; (2) establish file transfer procedures; and (3) notify relevant persons regarding the transfer of services to the contractor. (d) A single source continuum contractor may implement its own procedures to execute the department's statutory duties the contractor assumes and is not required to follow the department's procedures to execute the assumed department duties. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 10, eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 14, eff. September 1, 2025. Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL. (a) The department shall create a data access and standards governance council to develop protocols for the interoperable electronic transfer of data from single source continuum contractors to the department to allow the contractors ta access and standards governance council to develop protocols for the interoperable electronic transfer of data from single source continuum contractors to the department to allow the contractors to perform case management functions and additional contracted services by the department. (b) The council shall develop protocols for the access, management, and security of case data that is electronically shared between a single source continuum contractor and the department. (c) The council shall develop protocols for the access, management, and security of data shared with an independent entity retained to conduct the independent evaluations required under this subchapter. The protocols shall ensure the entity has full, unrestricted access to all relevant data necessary to perform an evaluation. (d) The council consists of single source continuum contractors with active contracts and department employees who provide data, legal, information technology, and child protective services. The council shall meet at least quarterly during each calendar year. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 11, eff. June 14, 2021. Sec. 264.160. LIABILITY INSURANCE REQUIREMENTS. A single source continuum contractor and any subcontractor of the single source continuum contractor providing community-based care services shall maintain minimum insurance coverage, as required in the contract with the department, to Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE minimize the risk of insolvency and protect against damages. The executive commissioner may adopt rules to implement this section. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.161. STATUTORY DUTIES ASSUMED ecutive commissioner may adopt rules to implement this section. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.161. STATUTORY DUTIES ASSUMED BY CONTRACTOR. Except as provided by Section 264.163, a single source continuum contractor providing foster care services and services for relative and kinship caregivers in a catchment area must, either directly or through subcontractors, assume the statutory duties of the department in connection with the delivery of foster care services and services for relative and kinship caregivers in that catchment area. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.162. REVIEW OF CONTRACTOR PERFORMANCE. The department shall develop a formal review process that includes a monitoring schedule to evaluate a single source continuum contractor's implementation of placement services and case management services in a catchment area. The department shall post the monitoring schedule on the department's Internet website. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 15, eff. September 1, 2025. Sec. 264.163. CONTINUING DUTIES OF DEPARTMENT. In a catchment area in which a single source continuum contractor is providing family-based safety services or community-based care services, legal representation of the department in an action under this code shall be provided in accordance with Section 264.009. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.164. CONFIDENTIALITY. (a) The records of a single source continuum contractor relating to the provision of community-based care services in a catchment area are subject to Chapter 552, Government Code, in the same manner as the records of the department are subject to that chapter. (b) Subchapter C, Chap community-based care services in a catchment area are subject to Chapter 552, Government Code, in the same manner as the records of the department are subject to that chapter. (b) Subchapter C, Chapter 261, regarding the confidentiality of certain case information, applies to the records of a single source continuum contractor in relation to the provision of services by the contractor. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.165. NOTICE REQUIRED FOR EARLY TERMINATION OF CONTRACT. (a) A single source continuum contractor may terminate a contract entered into under this subchapter by providing notice to the department and the commission of the contractor's intent to terminate the contract not later than the 180th day before the date of the termination. (b) The department may terminate a contract entered into with a single source continuum contractor under this subchapter by providing notice to the contractor of the department's intent to terminate the contract not later than the 180th day before the date of termination. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2025, 89th Leg., R.S., Ch. 72 (S.B. 2032), Sec. 1, eff. September 1, 2025. Sec. 264.166. CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT TERMINATION. (a) In each catchment area in which community-based care is implemented, the department shall create a contingency plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the single source continuum contractor providing foster care services in that catchment area. (b) To support each contingency plan, the single source continuum contractor providing foster care services in that catchment area, subject to approval by the department, shall develop a transfer plan to ensure the continuity of services for Source: Texas Legislatu tractor providing foster care services in that catchment area, subject to approval by the department, shall develop a transfer plan to ensure the continuity of services for Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 11 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE children and families in the catchment area in the event of an early termination of the contract with the department. The contractor shall submit an updated transfer plan each year and six months before the end of the contract period, including any extension. The department is not limited or restricted in requiring additional information from the contractor or requiring the contractor to modify the transfer plan as necessary. (c) If a single source continuum contractor gives notice to the department of an early contract termination or the department gives notice to the contractor of the department's intent to terminate the contract, the department may enter into a contract with a different contractor for the sole purpose of assuming the contract that is being terminated. (d) Notwithstanding any other law, the department may enter into a contract with a different single source continuum contractor under Subsection (c) without following competitive bidding, advertising, or proposal evaluation requirements, including requirements under Section 2155.083, 2155.132, or 2155.144, Government Code, or Section 40.058, Human Resources Code. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Amended by: Acts 2025, 89th Leg., R.S., Ch. 72 (S.B. 2032), Sec. 2, eff. September 1, 2025. Sec. 264.167. ATTORNEY-CLIENT PRIVILEGE. An employee, agent, or representative of a single source continuum contractor is considered to be a client's representative of the department for purposes of the privilege under Rule 503, Texas Rules of Evidence, as that privilege applies to communicati e continuum contractor is considered to be a client's representative of the department for purposes of the privilege under Rule 503, Texas Rules of Evidence, as that privilege applies to communications with a prosecuting attorney or other attorney representing the department, or the attorney's representatives, in a proceeding under this subtitle. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.168. REVIEW OF CONTRACTOR RECOMMENDATIONS BY DEPARTMENT. (a) Notwithstanding any other provision of this subchapter governing the transfer of case management authority to a single source continuum contractor, the department may review, approve, or disapprove a contractor's recommendation with respect to a child's permanency goal. (b) Subsection (a) may not be construed to limit or restrict the authority of the department to include necessary oversight measures and review processes to maintain compliance with federal and state requirements in a contract with a single source continuum contractor. (c) The department shall develop an internal dispute resolution process to decide disagreements between a single source continuum contractor and the department. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017. Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM CONTRACTOR OR NONPROFIT ENTITY CONTRACTED TO PROVIDE COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES AND RELATED PERSONNEL. (a) A nonprofit entity that contracts with the department to provide services as a single source continuum contractor under this subchapter or a nonprofit entity that contracts with the department or with a single source continuum contractor to provide community-based care or child welfare services is considered to be a charitable organization for the purposes of Chapter 84, Civil Practice and Remedies Code, with respect to the provision of those services, and that chapter applies are services is considered to be a charitable organization for the purposes of Chapter 84, Civil Practice and Remedies Code, with respect to the provision of those services, and that chapter applies to the entity and any person who is: (1) an employee or volunteer of the entity; or (2) a caregiver providing services on behalf of the entity. (b) The limitations on liability provided by this section apply: (1) only to an act or omission by the entity or person, as applicable, that occurs: (A) while the entity or person is acting within the course and scope of the entity's contract with the department or with a single source continuum contractor; or (B) while the person is acting within the course and scope of the person's duties for the entity; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 12 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (2) only if insurance coverage in the minimum amounts required by Chapter 84, Civil Practice and Remedies Code, is in force and effect at the time a cause of action for personal injury, death, or property damage accrues. Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.006(a), eff. September 1, 2019. Amended by: Acts 2025, 89th Leg., R.S., Ch. 839 (S.B. 1558), Sec. 2, eff. September 1, 2025. Sec. 264.171. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON COMMUNITY-BASED CARE TRANSITION. (a) Notwithstanding Section 264.0011, in this section: (1) "Commission" means the Health and Human Services Commission. (2) "Committee" means the Joint Legislative Oversight Committee on Community-Based Care Transition. (3) "Department" means the Department of Family and Protective Services. (b) The Joint Legislative Oversight Committee on Community-Based Care Transition is composed of six voting members as follows: (1) three members of the senate, appointed by the lieutenant governor; and (2) three members of the house of rep tee on Community-Based Care Transition is composed of six voting members as follows: (1) three members of the senate, appointed by the lieutenant governor; and (2) three members of the house of representatives, appointed by the speaker of the house of representatives. (c) The lieutenant governor and speaker of the house of representatives shall each appoint a member described by Subsection (b)(1) or (2), respectively, to serve as joint chairs of the committee. (d) The committee shall meet at the call of the joint chairs and may consider public testimony. (e) The committee may employ persons necessary to carry out this section through funds made available by the legislature. (f) The committee shall monitor and report to the legislature on the following related to the implementation of community-based care: (1) the funding of community-based care; (2) the performance and outcomes of community-based care statewide and by region; (3) statutory or regulatory barriers to the successful implementation of community-based care; and (4) other challenges to the successful implementation of community-based care. (g) The committee may request any relevant information from the commission, the department, or another relevant state agency, and the commission, department, or agency shall comply with the request, unless the provision of the information is prohibited by state or federal law. (h) Not later than January 1 of each odd-numbered year, the committee shall submit a written report of the committee's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the standing committees of the senate and house of representatives having primary jurisdiction over child welfare issues. (i) The committee shall monitor the continued implementation of community-based care and hold public hearings to receive comments from the public on the implementation of community-based care. Added by Act committee shall monitor the continued implementation of community-based care and hold public hearings to receive comments from the public on the implementation of community-based care. Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 12, eff. June 14, 2021. For expiration of this section, see Subsection (i). Sec. 264.172. OFFICE OF COMMUNITY-BASED CARE TRANSITION. (a) In this section: (1) "Department" means the Department of Family and Protective Services. (2) "Office" means the Office of Community-Based Care Transition created under this section. (b) The Office of Community-Based Care Transition is a state agency independent of but administratively attached to the department. (c) The office shall: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 13 --- TEXAS FAMILY CODE Chapter 264, Subchapter X — SUBCHAPTER B-1. COMMUNITY-BASED CARE (1) assess catchment areas in this state where community-based care services may be implemented; (2) develop a plan for implementing community-based care in each catchment area in this state, including the order in which community-based care will be implemented in each catchment area and a timeline for implementation; (3) evaluate community-based care providers; (4) contract, on behalf of the department, with community-based care providers to provide services in each catchment area in this state; (5) measure contract performance of community-based care providers; (6) provide contract oversight of community-based care providers; (7) report outcomes of community-based care providers; (8) identify the employees and other resources to be transferred to the community-based care provider to provide the necessary implementation, case management, operational, and administrative functions and outline the methodology for determining the employees and resources to be transferred; (9) create a risk-sharing funding model that strategically and explicitly balances f ministrative functions and outline the methodology for determining the employees and resources to be transferred; (9) create a risk-sharing funding model that strategically and explicitly balances financial risk between this state and the community-based care provider and mitigates the financial effects of significant unforeseen changes in the community-based care provider's duties or the population of the region it serves; and (10) require the annual review and adjustment of the funding based on updated cost and finance methodologies, including changes in policy, foster care rates, and regional service usage. (d) The department shall provide any administrative support the office needs, and the department and the Health and Human Services Commission shall provide access to any information and legal counsel the office requires to implement community-based care. (e) The governor shall appoint the director of the office to serve in that capacity at the pleasure of the governor. The director reports directly to the governor. (f) The office shall report to the legislature at least once each calendar quarter regarding the implementation of community-based care in the state. (g) A provision of this subchapter applicable to the department with respect to any duty assigned by this section to the office applies to the office in the same manner as the provision would apply to the department. (h) Except as otherwise provided by this section, the department retains the powers and duties provided by this subchapter to the department. (i) The office is abolished and this section expires on the date that community-based care is implemented in the last department region in this state. Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 12, eff. June 14, 2021. Subchapter B-2, consisting of Secs. 264.181 to 264.198, was added by Acts 2025, 89th Leg., R.S., Ch. 9 (S.B. 513), Sec. 1. For another Subchapter B-2, consisting of Secs. 264.191 to 264.196, add 21. Subchapter B-2, consisting of Secs. 264.181 to 264.198, was added by Acts 2025, 89th Leg., R.S., Ch. 9 (S.B. 513), Sec. 1. For another Subchapter B-2, consisting of Secs. 264.191 to 264.196, added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034), Sec. 2, see Sec. 264.191 et seq., post. For expiration of this subchapter, see Section 264.198. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 14