Texas Child Protection Law Bench Book

2023 version: As effective November 1, 2023

Community-Based Care

A. What is Community-Based Care?

In 2017, DFPS started implementing Community-Based Care, also referred to as CBC, in certain geographic areas in the state, known as “catchment” or “community” areas. CBC is intended to delegate or outsource certain activities and decisions about foster care delivery and case management, and it is implemented with measurable goals related to these decisions. CBC is designed to be implemented in stages. Stage I of CBC involves a Single Source Continuum Contractor (SSCC) handling the responsibility of finding safe, high-quality, nearby homes for children in paid foster care in the designated community area. Stage II is when the SSCC assumes responsibility for case management duties, including serving as the witness in the legal proceeding and assuming court-related responsibilities and authority in terms of the permanency plan and goals and how those will be carried out. At each stage of CBC, the readiness of the provider to successfully partner with all stakeholders and to serve the children and families in its community area is critical to the success of the roll out.

B. The Single Source Continuum Contractor

Generally, an SSCC is a non-profit organization which has a focus on child welfare and by law must be formed as a charitable organization. A local governmental entity can also serve as an SSCC. As part of the readiness process, DFPS is required to consider whether an SSCC has demonstrated experience in providing services to children and families in the community area.[246] As part of an application to secure a contract for CBC, each SSCC must develop a Community Engagement Plan that includes details about how the SSCC will involve faith-based entities, the judiciary, CASA, Child Advocacy Centers (CAC), service providers, foster families, biological parents, youth currently and formerly in foster care, relatives, child welfare boards, attorneys for both children and parents, and any other stakeholder the SSCC wants to include. Formation as a charitable organization provides limited legal protection to the SSCC under Tex. Civ. Prac. & Rem. Code Chapter 84. The legal protections are limited to acts or omissions that occur while the entity or person is acting within the course and scope of the entity's contract with the Department as well as services provided and the person's duties for the entity and only if insurance coverage in the minimum amounts required by Tex. Civ. Prac. & Rem. Code Chapter 84 are in force and effect at the time of the cause of action for personal injury, death, or property damage accrues.

C. The Effect of CBC on Courts and Court Process

Stage II of CBC requires that DFPS turn over many court-related duties to the single, lead agency who serves the community area so that these duties become the responsibility of the SSCC and its subcontractors. Court-related duties will be the responsibility of the SSCC and its subcontractors, including preparation of court reports, appearing in court and mediation, offering testimony, complying with all court orders that would ordinarily bind DFPS, and ensuring the child is progressing toward the child's permanency goals in accordance with federally mandated guidelines. DFPS is the party to the lawsuit, and the SSCC acts as DFPS' agent. SSCC employees will confer with and operate under an attorney-client relationship with the DFPS legal counsel, whether DFPS is represented by a regional attorney, a county attorney, or a district attorney. Records that are related to the SSCC's provision of services in a community area are subject to the Public Information Act in the same manner as DFPS records.

D. Monitoring of the SSCC by DFPS

Rather than serve in its traditional role in CBC areas, DFPS provides quality oversight and assurance to ensure contract compliance, conduct assessments of fiscal and qualitative performance of the SSCC and vendors, as well as create and administer a dispute resolution process. DFPS must also monitor the transfer of case management services, and has the statutory authority to review, approve, or disapprove a contractor's recommendation with respect to a child's permanency goal.

E. The Role for Judges in Community-Based Care

The role for judges in all aspects of community-based care cannot be overstated. Judges are a critical partner in planning, implementation, and oversight of this model for provision of child welfare services and permanency. Judges are encouraged to work closely with DFPS and the Office of Community-Based Care Transition (OCBCT) as CBC expands into a community area where their court is located as well as to be in continued communications with all partners as Stage I is implemented. Stage II more directly impacts the courts. Judicial oversight remains critical both in legacy and CBC areas to ensure due process for children and families. This oversight includes ongoing communication with the SSCC to clarify roles and expectations, streamline required court and legal processes, and resolve any issues. As the process evolves, these children and families will be well served by judges who remain informed about the ever-changing landscape of CBC.

F. Community-Based Care Resources

In 2021, the Office of Community Based Care Transition was established as an independent office that is administratively attached to DFPS. The office assesses community areas where CBC services may be implemented, develop a plan for implementing CBC in each community area in Texas, including the order in which CBC will be implemented in each community area, a timeline for implementation, and an evaluation of CBC providers. Tex. Fam. Code § 264.172. Additional information about the implementation of CBC, including a map of the community areas and updates on the Implementation Plan, is available on the DFPS Community-Based Care webpage.[247]