Title FA, Family Code

Sec. 264.130. PREGNANCY AND PARENTING INFORMATION. The department at developmentally appropriate stages shall ensure that children in the managing conservatorship of the department who are pregnant or who are minor parents receive information on and support in providing safe envi…

Sec. 264.131. USE OF FOSTER CHILD DNA FOR CERTAIN PURPOSES PROHIBITED. The department may not collect or use a DNA sample from a child in the managing conservatorship of the department for any purpose without: (1) the written consent of an adult having actual care, control, and p…

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…

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" mean…

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 t…

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 nonprofi…

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) esta…

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 …

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 com…

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 dep…

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 th…

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,…

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, a…

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 d…

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 ac…

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 th…

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 …

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 t…

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 …

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…

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 …

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 Commu…

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 Ca…

Sec. 264.181. DEFINITIONS. In this subchapter: (1) "Catchment area" has the meaning assigned by Section 264.152. (2) "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 loc…

Sec. 264.182. IMPLEMENTATION OF PILOT PROGRAM. The department, in partnership with a lead entity selected under Section 264.183, shall develop and implement a rural community-based care pilot program in an eligible rural region to: (1) implement a community-based model of child w…

Sec. 264.183. QUALIFICATIONS OF LEAD ENTITY; SELECTION; PROCUREMENT. (a) To enter into a contract with the department to serve as a lead entity to provide services under this subchapter, an entity must be: (1) a nonprofit entity that has a board of directors composed entirely of …

Sec. 264.184. PILOT PROGRAM MODEL AND IMPLEMENTATION SCHEDULE; AUTHORITY. (a) The department, in partnership with the lead entity, shall develop a pilot program model that includes a timeline, with identified funding, for implementing community-based care in the eligible rural re…

Sec. 264.185. COMMUNITY ALLIANCE. (a) The department and lead entity shall establish a community alliance or similar group of stakeholders to provide a forum for community participation and governance of community-based care under the pilot program. The department and lead entity…

Sec. 264.186. DEVELOPMENT OF FUNDING AND RESOURCES. (a) The department shall seek input from the lead entity regarding the feasibility of a capitated funding model for the provision of services under the pilot program. If the department determines that a capitated funding model i…

Sec. 264.187. DATA MANAGEMENT AND INFORMATION SHARING. (a) The department shall determine the feasibility of implementing an integrated electronic case management system for community-based care provided under the pilot program that: (1) allows for real-time case management; (2) …

Sec. 264.188. WORKFORCE DEVELOPMENT. The department, in collaboration with the lead entity, shall incorporate into the pilot program a workforce development plan that includes: (1) strategies that address rural workforce challenges, including strategies for recruiting and retaini…

Sec. 264.189. WAIVERS. To implement the pilot program, the lead entity may apply to the commissioner of the department for a waiver from any department policy or procedure that governs the provision of child welfare services. The commissioner shall adopt a procedure for the appli…

Sec. 264.190. CONFLICT RESOLUTION PROCESS. The department and lead entity shall establish a formal process for resolving conflicts or disputes that arise related to the pilot program. Added by Acts 2025, 89th Leg., R.S., Ch. 9 (S.B. 513), Sec. 1, eff. September 1, 2025.

Sec. 264.191. DEFINITIONS. In this subchapter: (1) "Catchment area" has the meaning assigned by Section 264.152. (2) "Community-based care contract" means a contract between a single-source continuum contractor and the department or the Health and Human Services Commission under …

Sec. 264.1915. RECEIVER OF SINGLE-SOURCE CONTINUUM CONTRACTOR. A court of competent jurisdiction may appoint a receiver for a single-source continuum contractor or any of its parts, divisions, components, or companies on the petition of the department if: (1) after being subject …

Sec. 264.192. PROCEEDING TO APPOINT RECEIVER. (a) Except as otherwise provided by law, a court shall give precedence to a petition for the appointment of a receiver under this subchapter over other matters. (b) A court shall conduct an evidentiary hearing on a petition for the ap…

Sec. 264.1925. QUALIFICATIONS. (a) To be appointed as a receiver under this subchapter, a person must be qualified by education, training, or experience to carry out the duties of the receiver under this subchapter. Notwithstanding Section 64.021, Civil Practice and Remedies Code…

Sec. 264.193. LIMITED DURATION; ASSESSMENT. (a) A receivership under this subchapter expires on the 90th day after the date a receiver is appointed, unless the department files a petition for a 60-day extension of the receivership with the appointing court on or before the date t…

Sec. 264.1935. BOND. Notwithstanding Section 64.023, Civil Practice and Remedies Code, a receiver appointed under this subchapter who is an employee of the department is not required to execute a bond. Added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034), Sec. 2, eff. May 19, …

Sec. 264.194. POWERS AND DUTIES OF RECEIVER. (a) A receiver appointed under this subchapter shall take all actions: (1) ordered by the appointing court; and (2) necessary to ensure the continued health, safety, and welfare of children under the conservatorship of the department i…

Sec. 264.1945. COMPENSATION OF RECEIVER. The appointing court shall order compensation for a receiver appointed under this subchapter to be paid by the single-source continuum contractor under receivership. If the receiver is a department employee, the department shall pay the re…

Sec. 264.195. LIABILITY OF RECEIVER. (a) A person does not have a cause of action against a receiver appointed under this subchapter for an action taken within the scope of the receivership unless the cause of action arises from a breach of fiduciary duty or the gross negligence …

Sec. 264.1955. OBLIGATIONS AND LIABILITY OF SINGLE-SOURCE CONTINUUM CONTRACTOR; SALE OR LEASE OF PROPERTY BY SINGLE-SOURCE CONTINUUM CONTRACTOR. (a) The appointment of a receiver under this subchapter does not relieve the single-source continuum contractor under receivership or a…

Sec. 264.196. TERMINATION OF RECEIVERSHIP. (a) The appointing court may terminate a receivership if: (1) the court determines that the receivership is no longer necessary because the conditions that gave rise to the receivership no longer exist; (2) the department has entered int…

Sec. 264.197. RULEMAKING. The department may adopt rules necessary to implement this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 9 (S.B. 513), Sec. 1, eff. September 1, 2025.

Sec. 264.198. PROGRAM REVIEW; EXPIRATION. (a) Not later than September 1, 2031, the legislature shall review the outcomes and effectiveness of the pilot program to determine whether to extend, modify, or conclude the program. (b) This subchapter expires September 1, 2031. Added b…