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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of mental health services for certain |
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children at risk of relinquishment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.351, Family Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to |
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read as follows: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(1-a) "Department" means the Department of Family and |
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Protective Services. |
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(1-b) "Relinquishment avoidance program" means the |
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Health and Human Services Commission's program that provides mental |
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health services to a child with a severe emotional disturbance |
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without the child entering the managing conservatorship of the |
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department. |
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SECTION 2. Subchapter E, Chapter 262, Family Code, is |
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amended by adding Section 262.353 to read as follows: |
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Sec. 262.353. PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN |
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SERVICES. (a) The commission may not require the department to |
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conduct a child abuse or neglect investigation before allowing a |
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child to participate in the relinquishment avoidance program unless |
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there is an allegation of abuse or neglect of the child. |
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(b) A local mental or behavioral health authority may refer |
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a child directly to the relinquishment avoidance program without |
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first contacting the department. |
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(c) The department and the commission shall: |
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(1) jointly adopt comprehensive guidance for |
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providers and families that describes: |
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(A) how to access services under the |
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relinquishment avoidance program; and |
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(B) the child's and family's rights when the |
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child's parent or legal guardian: |
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(i) relinquishes the child in order to |
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obtain mental health services for the child; or |
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(ii) accesses services under the |
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relinquishment avoidance program; |
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(2) publish the information described by Subdivision |
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(1) on the agency's Internet website; and |
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(3) make the information described by Subdivision (1) |
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available to caseworkers and families with a child who has a severe |
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emotional disturbance. |
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(d) The department and the commission shall jointly adopt |
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clear and concise protocols for families at risk of relinquishing a |
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child for the sole purpose of accessing mental health services for |
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the child. The protocols must: |
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(1) include procedures for determining eligibility |
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for the relinquishment avoidance program, including emergency |
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eligibility procedures for children who are at immediate risk of |
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relinquishment; |
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(2) include procedures for applying for the |
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relinquishment avoidance program; |
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(3) identify who will manage the case of a family |
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eligible for the relinquishment avoidance program; |
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(4) identify the funding and resources for the |
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relinquishment avoidance program; and |
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(5) identify the role of each party involved in the |
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relinquishment avoidance program, including the department, the |
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commission, contracted residential treatment centers, and local |
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mental and behavioral health authorities. |
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(e) The department and local mental and behavioral health |
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authorities shall follow the protocols adopted under Subsection |
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(d). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |