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A BILL TO BE ENTITLED
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AN ACT
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relating to assessment and oversight of children placed by the |
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Department of Family and Protective Services in a residential |
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treatment center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.00201 to read as follows: |
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Sec. 263.00201. REVIEW OF PLACEMENT IN RESIDENTIAL |
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TREATMENT CENTER. (a) Not later than the 60th day after the date |
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the department places a child in a residential treatment center, a |
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court shall: |
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(1) consider the assessment, determination, and |
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documentation made by a qualified individual under Section |
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264.1077(b) regarding the child's placement; |
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(2) determine whether the child's needs can be met |
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through placement in a cottage family home or an agency foster home |
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and, if not, whether: |
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(A) placing the child in a residential treatment |
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center provides the most effective and appropriate level of care |
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for the child in the least restrictive environment; and |
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(B) placement in a residential treatment |
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facility is consistent with the short-term and long-term goals for |
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the child, as specified in the child's permanency plan; and |
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(3) approve or disapprove the placement. |
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(b) The written documentation prepared by a qualified |
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individual under Sections 264.1077(e) and (f) and any documentation |
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regarding the determination and approval or disapproval of the |
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placement in a residential treatment center by the court under |
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Subsection (a) shall be included in and made part of the child's |
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permanency plan. |
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(c) As long as a child remains in a residential treatment |
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center, the department shall submit evidence at each status review |
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and each permanency hearing held with respect to the child: |
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(1) demonstrating that: |
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(A) ongoing assessment of the strengths and needs |
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of the child continues to support the determination that the needs |
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of the child cannot be met through placement in a cottage family |
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home or an agency foster home; |
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(B) placement in a residential treatment center |
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provides the most effective and appropriate level of care for the |
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child in the least restrictive environment; and |
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(C) the placement is consistent with the |
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short-term and long-term goals for the child, as specified in the |
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child's permanency plan; |
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(2) documenting the specific treatment or service |
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needs that will be met for the child in the placement and the length |
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of time the child is expected to need the treatment or services; and |
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(3) documenting the efforts made by the department to |
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prepare the child to return home or to be placed in a cottage family |
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home or an agency foster home or with a fit and willing relative, |
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legal guardian, or adoptive parent. |
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(d) For a child who is at least 13 years of age and is placed |
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in a residential treatment center for more than 12 consecutive |
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months or 18 nonconsecutive months and for a child who is younger |
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than 13 years of age and is placed in a residential treatment center |
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for more than 6 consecutive or nonconsecutive months, the |
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department shall submit to the Administration for Children and |
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Families of the United States Department of Health and Human |
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Services: |
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(1) the most recent version of the evidence and |
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documentation described by Subsection (c); and |
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(2) the signed approval of the commissioner for the |
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continued placement of the child in that setting. |
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SECTION 2. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1077 to read as follows: |
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Sec. 264.1077. RESIDENTIAL CARE PLACEMENT: ASSESSMENT. (a) |
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In this section, "qualified individual" means a licensed health |
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care or mental health professional who is not an employee of the |
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department and who is not connected to, or affiliated with, any |
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facility in which a child may be placed by the department. |
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(b) Not later than the 30th day after the date the |
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department places a child in a residential treatment center, a |
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qualified individual, in collaboration with the child's family and |
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permanency team, shall: |
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(1) assess the strengths and needs of the child using |
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an age-appropriate, evidence-based, validated, and functional |
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assessment tool approved by the Administration for Children and |
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Families of the United States Department of Health and Human |
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Services; |
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(2) determine whether the needs of the child can be met |
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by the child's family members or through placement in a cottage |
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family home or an agency foster home; |
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(3) if the child's needs cannot be met under |
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Subdivision (2), determine whether one of the following settings |
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would provide the most effective and appropriate level of care for |
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the child in the least restrictive environment and be consistent |
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with the short-term and long-term goals for the child, as specified |
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in the permanency plan for the child: |
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(A) a qualified residential treatment program as |
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defined in the federal Family First Prevention Services Act (Title |
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VII, Div. E, Pub. L. No. 115-123); |
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(B) a setting specializing in providing |
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prenatal, postpartum, or parenting support for foster youth; |
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(C) for a child who is at least 18 years of age, a |
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supervised setting in which the child lives independently; or |
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(D) a setting providing high-quality residential |
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care and supportive services to children and youth who have been |
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found to be, or are at risk of becoming, sex trafficking victims; |
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and |
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(4) develop a list of specific short-term and |
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long-term mental and behavioral health goals for the child. |
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(c) The department shall assemble a family and permanency |
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team for the child that consists of appropriate biological family |
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members, other relatives of the child, individuals who have a |
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long-standing and significant relationship with a child or the |
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child's family, and, as appropriate, professionals who are a |
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resource to the child's family, including teachers, medical or |
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mental health providers who have treated the child, and clergy. A |
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child who is 14 years of age or older may recommend individuals to |
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serve on the child's family and permanency team. |
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(d) The department shall document in the child's permanency |
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plan: |
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(1) the reasonable and good faith effort of the |
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department to identify and include on the child's family and |
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permanency team the individuals described in Subsection (c); |
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(2) the contact information for members of the child's |
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family and permanency team, as well as contact information for |
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other family members and individuals who have a long-standing and |
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significant relationship with a child or the child's family who are |
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not part of the family and permanency team; |
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(3) evidence that meetings of the child's family and |
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permanency team, including meetings relating to the assessment |
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required under Subsection (b), are held at a time and place |
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convenient for the child's family; |
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(4) if reunification is the goal for the child, |
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evidence demonstrating that the parent from whom the child was |
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removed provided input regarding the members of the child's family |
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and permanency team; |
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(5) evidence that the results of the assessment |
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required under Subsection (b) are determined in collaboration with |
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the child's family and permanency team; |
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(6) the child's family and permanency team's placement |
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preferences relative to the assessment that recognizes that |
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children should be placed with their siblings unless a court finds |
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that such a placement is contrary to the child's best interest; and |
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(7) if the placement preferences of the child's family |
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and permanency team and the child are not the placement setting |
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recommended by the qualified individual conducting the assessment |
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under Subsection (b), the reason that the preferences of the team |
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and of the child were not recommended. |
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(e) If the qualified individual conducting the assessment |
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under Subsection (b) determines the child should not be placed in a |
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cottage family home or an agency foster home, the qualified |
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individual shall specify in writing the reasons that the needs of |
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the child cannot be met by the child's family or in a cottage family |
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home or an agency foster home. The qualified individual may not cite |
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a shortage or lack of cottage family homes or an agency foster homes |
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as an acceptable reason for determining that the needs of the child |
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cannot be met in a cottage family home or an agency foster home. |
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(f) If the qualified individual conducting the assessment |
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under Subsection (b) determines the child should be placed in a |
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residential treatment center, the qualified individual shall |
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specify in writing the reasons that the recommended placement in a |
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residential treatment center is the setting that will provide the |
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child with the most effective and appropriate level of care in the |
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least restrictive environment and how that placement is consistent |
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with the short-term and long-term goals for the child, as specified |
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in the child's permanency plan. |
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(g) The department may submit a request to the |
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Administration for Children and Families of the United States |
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Department of Health and Human Services to allow the department to |
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appoint department employees or persons connected to, or affiliated |
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with, a facility as qualified individuals to perform the |
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assessments described by Subsection (b). The request must certify |
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that the department will require the person appointed to perform an |
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assessment to maintain objectivity with respect to determining the |
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most effective and appropriate placement for a child. |
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SECTION 3. This Act takes effect September 1, 2021. |