HUMAN RESOURCES CODE CHAPTER 137. FAMILY SUPPORT SERVICES

HUMAN RESOURCES CODE

TITLE 9. HEALTH AND HUMAN SERVICES

CHAPTER 137. FAMILY SUPPORT SERVICES

SUBCHAPTER A. FAMILY SUPPORT SERVICES

Sec. 137.001. APPLICABILITY OF DEFINITIONS. The definitions in Chapter 101, Family Code, apply to terms used in this chapter.

Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.002. DEFINITIONS. In this chapter:

(1) "At-risk family" means a family with at least one child or a pregnant woman and at least one of the following:

(A) a child in the family has been the subject of an investigation of abuse, neglect, or exploitation by the Department of Family and Protective Services;

(B) the family or a pregnant woman in the family is experiencing conditions that increase the likelihood of involvement with the child welfare system, the criminal justice system, or the juvenile justice system; or

(C) the family or a pregnant woman in the family is experiencing other conditions that threaten the self-sufficiency or stability of the family or the birth or health of a baby.

(2) "Commission" means the Health and Human Services Commission.

(3) "Executive commissioner" means the executive commissioner of the commission.

(4) "Family support services" means programs intended to provide intervention and promote safety and stability for children and at-risk families.

Added by Acts 1999, 76th Leg., ch. 489, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 632 (H.B. 662), Sec. 1, eff. June 15, 2007.

Transferred, redesignated and amended from Family Code, Subchapter A, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.003. FAMILY SUPPORT SERVICES. (a) The commission shall:

(1) administer grants and contracts to provide family support services to children and at-risk families;

(2) plan, develop, and administer an integrated continuum of care system of programs providing family support services to at-risk families;

(3) administer the referral, coordination, and collaboration of family support services under this chapter with similar, existing programs the commission operates;

(4) improve the responsiveness of family support services provided to children and at-risk families by facilitating greater coordination and flexibility in the use of funds by state and local service providers;

(5) provide greater accountability for family support services in order to demonstrate the impact or public benefit of a program by adopting outcome measures; and

(6) assist local communities in the coordination and development of family support services in order to maximize federal, state, and local resources.

(b) Family support services under this chapter are intended to:

(1) promote healthy outcomes and strengthen support systems for children and at-risk families;

(2) assist at-risk families in achieving self-sufficiency and stability;

(3) promote workforce participation; and

(4) prevent or reduce at-risk behaviors in children and at-risk families, including behaviors that may lead to:

(A) child abuse or neglect;

(B) delinquency, running away, truancy, dropping out of school, or substance use; or

Added by Acts 1999, 76th Leg., ch. 489, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.13, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter A, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.004. COORDINATION OF PROGRAMS. In order to implement the duties provided in Section 137.003, the commission shall identify and coordinate with other programs the commission operates with the goal of providing family support services.

Added by Acts 1999, 76th Leg., ch. 489, Sec. 2, eff. Sept. 1, 1999.

Transferred, redesignated and amended from Family Code, Subchapter A, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.005. STRATEGIC PLAN. (a) The commission shall develop and implement a five-year strategic plan for family support services. Not later than September 1 of the last fiscal year in each five-year period, the commission 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 section must:

(1) identify methods to leverage other sources of funding or provide support for existing community-based efforts to provide family support services;

(2) include a needs assessment that identifies programs to best target family support services to the needs of underserved populations and geographic areas;

(3) identify priorities and specific commission actions to coordinate and provide family support services to children and at-risk families;

(4) identify and report on specific outcome measurements by obtaining and reporting de-identified aggregate data, as permitted by other law, on the number of program participants who are:

(A) involved in the child welfare system, the juvenile justice system, or the criminal justice system;

(B) recipients of other services the commission offers; or

(C) listed in the central registry of the names of individuals found to have abused or neglected a child maintained under Section 261.002, Family Code;

(5) identify additional methods of measuring program effectiveness and results or outcomes;

(6) identify methods to collaborate with other state agencies on efforts to provide family support services;

(7) identify specific strategies to implement the plan and to develop measures for reporting on the overall progress toward the plan's goals;

(8) identify specific strategies to increase local capacity for the delivery of family support services through collaboration with communities and stakeholders;

(9) address methods for coordinating with other commission programs under Section 137.004; and

(10) identify strategies to minimize the disruption of the provision of family support services to children and families.

(c) The commission shall coordinate with interested parties and communities in developing the strategic plan under this section.

(d) The commission shall annually review and appropriately update the strategic plan developed under this section.

(e) The commission shall post the strategic plan developed under this section and any update to the plan on its Internet website.

Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 62, eff. September 1, 2015.

Added by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 4, eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 21, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 13, eff. September 1, 2017.

Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.007, eff. September 1, 2019.

Transferred, redesignated and amended from Family Code, Subchapter A, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

SUBCHAPTER B. FAMILY SUPPORT SERVICES PROGRAMS FOR CHILD ABUSE AND NEGLECT PREVENTION

Sec. 137.051. DEFINITIONS. In this subchapter:

(1) "Child abuse and neglect prevention" means family support services designed to prevent child abuse and neglect before the abuse or neglect occurs. The term includes child fatality prevention education programs and other activities directed at the general public to stop child abuse and neglect.

(2) "Children's trust fund" means a child abuse and neglect prevention program.

(3) "Operating fund" means the commission's 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

(5) "Trust fund" means the commission's child abuse and neglect prevention trust fund account.

Added by Acts 2001, 77th Leg., ch. 957, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.208, eff. April 2, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 63, eff. September 1, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 5, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter B, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.052. CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS. (a) The commission shall operate the children's trust fund to:

(1) set policy, offer resources for community prevention programs, and provide information and education on family support services and prevention of child abuse and neglect;

(2) develop a state plan for expending funds for child abuse and neglect 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 prevention programs; and

(4) establish funding priorities for child abuse and neglect prevention programs.

(b) The children's trust fund shall accommodate the commission's existing rules and policies in procuring, awarding, and monitoring contracts and grants.

(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 prevention programs; and

(2) solicit donations for child abuse and neglect prevention programs.

Added by Acts 2001, 77th Leg., ch. 957, Sec. 1, eff. Sept. 1, 2001.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 63, eff. September 1, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 5, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter B, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.053. 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.

Added by Acts 2001, 77th Leg., ch. 957, Sec. 1, eff. Sept. 1, 2001.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 63, eff. September 1, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 5, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter B, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.054. 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 prevention programs and family support services programs.

(b) The commission may transfer money contained in the trust fund to the operating fund at any time. However, during a fiscal year the commission 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 Section 118.022, Local Government Code, may be used only for child abuse and neglect prevention programs.

(d) The trust fund is exempt from the application of Section 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 prevention programs and family support services programs.

Added by Acts 2001, 77th Leg., ch. 957, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 632 (H.B. 662), Sec. 4, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 632 (H.B. 662), Sec. 4, eff. September 1, 2010.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.209, eff. April 2, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 63, eff. September 1, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 5, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter B, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.055. COMMISSION OPERATING FUND ACCOUNT. (a) The operating fund is an account in the general revenue fund.

(b) Administrative and other costs allowed in Section 137.053 shall be taken from the operating fund. The commission may transfer funds contained in the operating fund to the trust fund at any time.

(d) The operating fund is exempt from the application of Section 403.095, Government Code.

Added by Acts 2001, 77th Leg., ch. 957, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.210, eff. April 2, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 63, eff. September 1, 2015.

Transferred, redesignated and amended from Human Resources Code, Subchapter D, Chapter 40 by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 5, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter B, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.056. COMMUNITY YOUTH DEVELOPMENT GRANTS. (a) Subject to available funding, the commission shall award community youth development grants to communities identified by incidence of crime. The commission shall give priority in awarding grants under this section to areas of the state in which there is a high incidence of juvenile crime.

(b) The purpose of a grant under this section is to assist a community in alleviating conditions in the family and community that lead to juvenile crime.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 21.03(a), eff. Sept. 1, 1997.

Transferred and redesignated from Human Resources Code, Section 40.0561 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 64, eff. September 1, 2015.

Transferred and redesignated from Human Resources Code, Section 40.0561 by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 6, eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter B, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.057. OUTCOMES OF FAMILY SUPPORT SERVICES PROGRAMS AND PRACTICES. The commission shall ensure that a family support services program or practice provided under this subchapter achieves favorable behavioral outcomes in at least two of the following areas:

(1) improved cognitive development of children;

(2) increased readiness for and participation and performance in school;

(3) reduced child abuse, neglect, and injury;

(4) improved child safety;

(5) improved social-emotional development of children and youth;

(6) increased protective factors, including nurturing, bonding, and other parenting skills;

(7) improved family economic self-sufficiency;

(8) reduced parental or youth involvement with the criminal justice system; and

(9) increased paternal involvement and support.

Added by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 7, eff. September 1, 2015.

Redesignated from Family Code, Section 265.102 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(9), eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 515 (S.B. 452), Sec. 6, eff. September 1, 2021.

Transferred, redesignated and amended from Family Code, Section 265.152 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 3, eff. September 1, 2023.

Sec. 137.058. EVALUATION OF FAMILY SUPPORT SERVICES PROGRAMS AND PRACTICES. (a) The commission shall adopt outcome indicators to measure the effectiveness of family support services programs and practices provided under this subchapter in achieving desired outcomes.

(b) The commission may work directly with the model developer of a family support services program or practice to identify appropriate outcome indicators for the program or practice and to ensure that the program or practice substantially complies with the model.

(c) The commission shall develop internal processes to share information with family support services providers to assist the commission in analyzing the performance of the programs or practices.

(d) The commission shall use information obtained under this section to:

(1) monitor family support services programs and practices;

(2) continually improve the quality of the programs and practices; and

(3) evaluate the effectiveness of the programs and practices.

Added by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 7, eff. September 1, 2015.

Redesignated from Family Code, Section 265.103 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(9), eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 515 (S.B. 452), Sec. 7, eff. September 1, 2021.

Transferred, redesignated and amended from Family Code, Section 265.153 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 3, eff. September 1, 2023.

Sec. 137.059. REPORTS TO LEGISLATURE. (a) Not later than December 1 of each even-numbered year, the commission shall prepare and submit a report on state-funded prevention and early intervention programs and practices to the standing committees of the senate and house of representatives with jurisdiction over child protective services.

(b) A report submitted under this section must meet any requirements set by the commission under this subchapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 7, eff. September 1, 2015.

Redesignated from Family Code, Section 265.104 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(9), eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 515 (S.B. 452), Sec. 8, eff. September 1, 2021.

Transferred, redesignated and amended from Family Code, Section 265.154 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 3, eff. September 1, 2023.

Sec. 137.060. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 7, eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 14, eff. September 1, 2017.

Redesignated from Family Code, Section 265.105 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(9), eff. September 1, 2017.

Transferred, redesignated and amended from Family Code, Section 265.155 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 3, eff. September 1, 2023.

SUBCHAPTER C. NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM

Sec. 137.101. 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.451 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.102. OPERATION OF NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The commission shall operate a nurse-family partnership competitive grant program for the commission to 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 commission shall award grants under the program to applicants, including applicants operating existing programs, in a manner that ensures that the partnership programs collectively operate in multiple communities that are geographically distributed throughout this state.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.452 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.188, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.189, eff. April 2, 2015.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.103. 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;

(D) reduce the incidence of child abuse and neglect; and

(E) increase workforce participation;

(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.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.453 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.104. 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 commission on a form prescribed by the commission in consultation with the Nurse-Family Partnership National Service Office.

(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 Section 137.107, including the recipient's obligation to collect and provide information requested by the commission under Section 137.107(c); and

(3) require the applicant to provide other relevant information as determined by the commission.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.454 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(7), eff. September 1, 2009.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.105. PARTNERSHIP PROGRAM STANDARDS. The executive commissioner shall adopt standards for the partnership programs funded under this subchapter. The standards must be consistent with 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.456 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 15, eff. September 1, 2017.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.106. 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.457 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.107. PROGRAM MONITORING AND EVALUATION; ANNUAL COMMITTEE REPORTS. (a) The commission 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 executive commissioner under Section 137.105;

(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:

(A) 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;

(B) mothers who married the father or reside in the same household with the father;

(C) mothers who have previous involvement with the child welfare system, the criminal justice system, or the juvenile justice system; and

(D) mothers who receive other services from the commission;

(2) the extent to which each grant recipient made regular visits to mothers during the period described by Section 137.103(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 Nurse-Family Partnership National Service Office and required by the commission.

(c) On request, each grant recipient shall timely collect and provide data and any other information required by the commission to monitor and evaluate the recipient or to prepare the report required by this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.459 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(9), eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.190, eff. April 2, 2015.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 16, eff. September 1, 2017.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

Sec. 137.108. COMPETITIVE GRANT PROGRAM FUNDING. (a) The commission 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 commission 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 348 (S.B. 156), Sec. 1, eff. September 1, 2007.

Renumbered from Government Code, Section 531.460 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(37), eff. September 1, 2009.

Transferred, redesignated and amended from Government Code, Subchapter Q, Chapter 531 by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.15(a), eff. September 1, 2015.

Transferred, redesignated and amended from Family Code, Subchapter C, Chapter 265 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 2, eff. September 1, 2023.

SUBCHAPTER D. SERVICES FOR AT-RISK YOUTH

Sec. 137.151. SERVICES FOR AT-RISK YOUTH. (a) The commission shall operate a program to provide family support services for children in at-risk situations and for the families of those children.

(b) The services under this section may include:

(1) crisis family intervention;

(2) emergency short-term residential care;

(3) family counseling;

(4) parenting skills training;

(5) youth coping skills training;

(6) mentoring; and

(7) advocacy training.

Added by Acts 1995, 74th Leg., ch. 20 (H.B. 655), Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., Ch. 262 (H.B. 327), Sec. 58, eff. Jan. 1, 1996.

Transferred, redesignated and amended from Family Code, Subchapter D, Chapter 264 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 4, eff. September 1, 2023.

Sec. 137.152. EARLY YOUTH INTERVENTION SERVICES. (a) This section applies to a child who:

(1) is seven years of age or older and under 17 years of age; and

(2) has not had the disabilities of minority for general purposes removed under Chapter 31, Family Code.

(b) The commission shall operate a program under this section to provide family support services for children in at-risk situations and for the families of those children.

(1) at any time been referred to juvenile court for engaging in conduct that violates a penal law of this state of the grade of felony other than a state jail felony; or

(2) been found to have engaged in delinquent conduct under Title 3, Family Code.

(d) The commission may provide services under this section to a child who engages in conduct for which the child may be found by a court to be an at-risk child, without regard to whether the conduct violates a penal law of this state of the grade of felony other than a state jail felony, if the child was younger than 10 years of age at the time the child engaged in the conduct.

Text of subsection effective until January 01, 2025

(e) The commission shall provide services for a child and the child's family if a contract to provide services under this section is available in the county and the child is referred to the commission as an at-risk child by:

(1) a juvenile court or probation department as part of a progressive sanctions program under Chapter 59, Family Code;

(2) a law enforcement officer or agency under Section 52.03, Family Code; or

(3) a justice or municipal court under Article 45.057, 45.309, or 45.310, Code of Criminal Procedure.

Text of subsection effective on January 01, 2025

(1) a juvenile court or probation department as part of a progressive sanctions program under Chapter 59, Family Code;

(2) a law enforcement officer or agency under Section 52.03, Family Code; or

(3) a justice or municipal court under Article 45A.457, 45.309, or 45.310, Code of Criminal Procedure.

(f) The services under this section may include:

(1) crisis family intervention;

(2) emergency short-term residential care for children 10 years of age or older;

(3) family counseling;

(4) parenting skills training;

(5) youth coping skills training;

(6) advocacy training; and

(7) mentoring.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 58, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 30, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 575, Sec. 31, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 16, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 60, eff. September 1, 2015.

Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 12, eff. January 1, 2024.

Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.053, eff. January 1, 2025.

Transferred, redesignated and amended from Family Code, Subchapter D, Chapter 264 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 4, eff. September 1, 2023.

SUBCHAPTER E. PREVENTIVE SERVICES FOR VETERANS AND MILITARY FAMILIES

Sec. 137.201. DEFINITIONS. In this subchapter, "veteran" means a person who has served in:

(1) the army, navy, air force, coast guard, or marine corps of the United States;

(2) the state military forces as defined by Section 431.001, Government Code; or

(3) an auxiliary service of one of those branches of the armed forces.

Added by Acts 2015, 84th Leg., R.S., Ch. 324 (H.B. 19), Sec. 1, eff. June 4, 2015.

Transferred, redesignated and amended from Human Resources Code, Chapter 53 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 5, eff. September 1, 2023.

Sec. 137.202. VETERANS AND MILITARY FAMILIES PREVENTIVE SERVICES PROGRAM. (a) The commission shall develop and implement a preventive services program to serve veterans and military families who have committed or experienced or who are at a high risk of:

(1) family violence; or

(2) abuse or neglect.

(b) The program must:

(1) be designed to coordinate with community-based organizations to provide prevention services;

(2) include a prevention component and an early intervention component;

(3) include collaboration with services for child welfare, services for early childhood education, and other child and family services programs; and

(4) coordinate with the community collaboration initiative developed under Subchapter I, Chapter 434, Government Code, and committees formed by local communities as part of that initiative.

Added by Acts 2015, 84th Leg., R.S., Ch. 324 (H.B. 19), Sec. 1, eff. June 4, 2015.

Transferred, redesignated and amended from Human Resources Code, Chapter 53 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 5, eff. September 1, 2023.

Without reference to the transfer and redesignation of this subchapter, this subchapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.

SUBCHAPTER F. TEXAS HOME VISITING PROGRAM

Sec. 137.251. DEFINITIONS. In this subchapter:

(1) "Home visiting program" means a voluntary-enrollment program in which early childhood and health professionals such as nurses, social workers, or trained and supervised paraprofessionals repeatedly visit over a period of at least six months the homes of pregnant women or families with children under the age of six who are born with or exposed to one or more risk factors.

(2) "Risk factors" means factors that make a child more likely to experience adverse experiences leading to negative consequences, including preterm birth, poverty, low parental education, having a teenaged mother or father, poor maternal health, and parental underemployment or unemployment.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.252. IMPLEMENTATION OF TEXAS HOME VISITING PROGRAM. (a) The commission shall maintain a strategic plan to serve at-risk pregnant women and families with children under the age of six through home visiting programs that improve outcomes for parents and families.

(b) A pregnant woman or family is considered at-risk for purposes of this section and may be eligible for voluntary enrollment in a home visiting program if the woman or family is exposed to one or more risk factors.

(c) The commission may determine if a risk factor or combination of risk factors experienced by an at-risk pregnant woman or family qualifies the woman or family for enrollment in a home visiting program.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.205, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.206, eff. April 2, 2015.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.253. TYPES OF HOME VISITING PROGRAMS. (a) A home visiting program is classified as either an evidence-based program or a promising practice program.

(b) An evidence-based program is a home visiting program that:

(1) is research-based and grounded in relevant, empirically based knowledge and program-determined outcomes;

(2) is associated with a national organization, institution of higher education, or national or state public health institute;

(3) has comprehensive standards that ensure high-quality service delivery and continuously improving quality;

(4) has demonstrated significant positive short-term and long-term outcomes;

(5) has been evaluated by at least one rigorous randomized controlled research trial across heterogeneous populations or communities, the results of at least one of which has been published in a peer-reviewed journal;

(6) follows with fidelity a program manual or design that specifies the purpose, outcomes, duration, and frequency of the services that constitute the program;

(7) employs well-trained and competent staff and provides continual relevant professional development opportunities;

(8) demonstrates strong links to other community-based services; and

(9) ensures compliance with home visiting standards.

(1) has an active impact evaluation program or can demonstrate a timeline for implementing an active impact evaluation program;

(2) has been evaluated by at least one outcome-based study demonstrating effectiveness or a randomized controlled trial in a homogeneous sample;

(3) follows with fidelity a program manual or design that specifies the purpose, outcomes, duration, and frequency of the services that constitute the program;

(4) employs well-trained and competent staff and provides continual relevant professional development opportunities;

(5) demonstrates strong links to other community-based services; and

(6) ensures compliance with home visiting standards.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.254. FUNDING. (a) The commission shall ensure that at least 75 percent of funds appropriated for home visiting programs are used in evidence-based programs, with any remaining funds dedicated to promising practice programs.

(b) The commission shall actively seek and apply for any available federal funds to support home visiting programs, including federal funds from the Temporary Assistance for Needy Families program.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.255. OUTCOMES. The commission shall ensure that a home visiting program achieves favorable outcomes in at least two of the following areas:

(1) improved maternal or child health outcomes;

(2) improved cognitive development of children;

(3) increased school readiness of children;

(4) reduced child abuse, neglect, and injury;

(5) improved child safety;

(6) improved social-emotional development of children;

(7) improved parenting skills, including nurturing and bonding;

(8) improved family economic self-sufficiency;

(9) reduced parental involvement with the criminal justice system; and

(10) increased father involvement and support.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.256. EVALUATION OF HOME VISITING PROGRAM. (a) The commission shall adopt outcome indicators to measure the effectiveness of a home visiting program in achieving desired outcomes.

(b) The commission may work directly with the model developer of a home visiting program to identify appropriate outcome indicators for the program and to ensure that the program demonstrates fidelity to its research model.

(c) The commission shall develop internal processes to work with home visiting programs to share data and information to aid in making relevant analysis of the performance of a home visiting program.

(d) The commission shall use data gathered under this section to monitor, conduct ongoing quality improvement on, and evaluate the effectiveness of home visiting programs.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.257. REPORTS TO LEGISLATURE. (a) Not later than December 1 of each even-numbered year, the commission shall prepare and submit a report on state-funded home visiting programs to the Senate Committee on Health and Human Services and the House Human Services Committee or their successors.

(b) A report submitted under this section must include:

(1) a description of home visiting programs being implemented and the associated models;

(2) data on the number of families being served and their demographic information;

(3) the goals and achieved outcomes of home visiting programs;

(4) data on cost per family served, including third-party return-on-investment analysis, if available; and

(5) data explaining what percentage of funding has been used on evidence-based programs and what percentage of funding has been used on promising practice programs.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.

Sec. 137.258. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter.

Added by Acts 2013, 83rd Leg., R.S., Ch. 421 (S.B. 426), Sec. 1, eff. September 1, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.207, eff. April 2, 2015.

Transferred and redesignated from Government Code, Subchapter X, Chapter 531 by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 6, eff. September 1, 2023.