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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 4451

House Author:  McReynolds et al.

Effective:  6-19-09

Senate Sponsor:  Hinojosa


            House Bill 4451 amends the Human Resources Code to establish that if a child who is mentally ill or mentally retarded is discharged from the Texas Youth Commission (TYC) because the child has completed the minimum length of stay for the offense and because TYC determines that the child is unable to progress in TYC's rehabilitation programs because of the child's mental illness or mental retardation, the child is eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments.  The bill authorizes TYC to petition the appropriate juvenile court for the initiation of mental health commitment proceedings for a child who is committed to TYC under a determinate sentence for habitual felony conduct or certain other specified offenses, and prescribes provisions relating to the juvenile court proceedings and the terms of a child's commitment to an inpatient mental health facility that result from the petition.

            House Bill 4451 amends the Health and Safety Code to authorize a child with mental illness who is receiving continuity of care services during parole from TYC and who is no longer eligible to receive services from a local mental health authority when the child becomes 17 years of age because the child does not meet the requirements of a local service area plan under state law to continue to receive continuity of care services from the office until the child completes the child's parole. The bill authorizes a child with mental illness or mental retardation who is discharged from TYC as described above to receive continuity of care services from the office for a minimum of 90 days after discharge and for as long as necessary for the child to demonstrate sufficient stability to successfully transition to services provided by a local mental health and mental retardation authority.