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Senate Bill 44 |
Senate Author: Zaffirini et al. |
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Effective: 9-1-13 |
House Sponsor: Burkett |
Senate Bill 44 amends the Family Code to require the Department of Family and Protective Services (DFPS) to report the number of children who suffer from a severe emotional disturbance and for whom DFPS is appointed managing conservator because a person voluntarily relinquished custody of the child solely to obtain mental health services for the child. The bill requires DFPS to discuss with a person relinquishing custody of a child under such circumstances the option of seeking a court order for joint managing conservatorship of the child with DFPS if it is in the child's best interest. The bill requires DFPS and the Department of State Health Services (DSHS) to jointly study and develop recommendations to prevent the practice of parents relinquishing custody of children with a severe emotional disturbance and placement of children in the conservatorship of DFPS solely to obtain mental health services for the child and, as part of the study, to consider the advantages of providing mental health services using temporary residential treatment and intensive community-based services options. The bill requires the executive commissioner of the Health and Human Services Commission (HHSC) to review the recommendations developed by DFPS and DSHS and authorizes the executive commissioner to direct the implementation of any recommendation that can be implemented with DFPS's current resources. The bill sets out reporting requirements for DFPS and DSHS regarding the results of the study.
Senate Bill 44 amends the Government Code to expand the duties of the Council on Children and Families and requires the executive commissioner to review the council's recommendations relating to improving the system for serving families who relinquish, or are at risk of relinquishing, custody of a child solely to obtain mental health services for the child and direct implementation of any necessary policy changes that can be implemented using existing resources.