BILL ANALYSIS

C.S.H.B. 1972

By: Campos

Youth Health & Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The 87th Texas Legislature enacted legislation requiring a court, within 60 days of a child's initial placement in a qualified residential treatment program, to review and then either approve or disapprove that placement. That legislation also required the Supreme Court of Texas Children's Commission, in collaboration with the Department of Family and Protective Services, to establish a work group to conduct a study regarding residential treatment center (RTC) placements. The report submitted to the legislature by this work group in October 2022 included a recommendation for the legislature to implement a requirement for the court to make certain findings when a child is or may be placed in an RTC. Specifically, the report stated that, "given the high level of care and the therapeutic need for RTC placements, it is critical for courts to review whether the placement meets the child's needs and goals and is appropriate for the child." C.S.H.B. 1972 seeks to implement this work group recommendation. The bill also establishes a statutory definition of what constitutes an RTC so as to more clearly address which specific types of placements require judicial review, which was another work group recommendation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1972 amends the Family Code to require the court, with respect to a child under the care of the Department of Family and Protective Services (DFPS) who is placed in a residential treatment center, or who is referred to and awaiting placement in a residential treatment center, to determine whether, as follows:

· the child's needs can be met through placement in a family-like setting;

· the recommended or existing program can provide the most effective and appropriate level of care for the child;

· the recommended or existing program is the least restrictive setting consistent with the child's best interest and individual needs; and

· the placement is consistent with the short-term and long-term goals for the child, as specified by the child's permanency plan.

The bill authorizes the court to consider the following in making that determination:

· psychological or psychiatric assessments;

· the child's current treatment plan and progress being made;

· any significant medical, legal, or behavioral incidents involving the child;

· the reasons for the child's discharge from any previous placement or the child's current placement;

· the programs available at the facility to address the child's needs;

· the program's plan to discharge the child after treatment;

· whether there are other programs that more effectively meet the child's needs; and

· any other information that would assist the court in making the determination.

The bill defines "residential treatment center" as a licensed child-care facility that provides care for seven or more children for 24 hours a day and that provides treatment services.

C.S.H.B. 1972 requires the court, in making its findings during a status hearing, and in making its determinations during a permanency hearing held before or after the final order is rendered, to make a finding or review the permanency progress report to determine, as appropriate, regarding whether, based on the court's determination, continued placement in a residential treatment center or in a qualified residential treatment program is appropriate for the child, if applicable.  

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1972 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced required the court to make the applicable determinations with respect to a child under the care of DFPS who is or may be placed in a residential treatment center, the substitute requires the court to make such determinations instead for a child under the care of DFPS who is placed in a residential treatment center or who is referred to and awaiting placement in a residential treatment center.