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Senate Bill 643 |
Senate Author: Nelson et al. |
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Effective: 6-11-09 |
House Sponsor: Rose et al. |
Senate Bill 643 provides for the reorganization of the system of state‑owned‑and‑operated residential institutions that serve individuals with intellectual or developmental disabilities. Previously known as state schools, these institutions are now referred to as "state supported living centers" under provisions of the bill. The bill establishes a classification system to determine residents' placement in specific state centers based on a behavioral assessment of each resident or the reason the resident was committed to the institution. Residents committed as a result of a criminal conviction or delinquent conduct are classified as "alleged offender residents" and residents determined to be at risk of inflicting substantial physical harm to another are classified as "high-risk alleged offender residents." Senate Bill 643 also reorganizes the system for investigating reports of suspected abuse, neglect, or exploitation of residents or clients of a state-owned-and-operated residential institution, an intermediate care facility for the mentally retarded (ICF-MR), or a home- and community-based services program by transferring responsibility for those investigations from the Department of Aging and Disability Services (DADS) to the Department of Family and Protective Services (DFPS).
Senate Bill 643 amends the Health and Safety Code to require DADS to establish a separate forensic state supported living center for the care of high-risk alleged offender residents apart from other clients and residents and to designate the Mexia State Supported Living Center for that purpose. The bill requires DADS to begin operating the Mexia State Supported Living Center as the forensic state supported living center not later than September 1, 2011. The bill establishes procedures for the determination of high-risk alleged offender status by an interdisciplinary team and the transfer to and placement in the forensic state supported living center of residents found to be high-risk alleged offenders. The bill includes provisions relating to training on the delivery of services for direct care employees of the forensic state supported living center. The bill requires DADS to ensure that the forensic state supported living center complies with ICF-MR certification requirements under the Medicaid program and has additional center employees, including direct care employees, to protect the safety of center employees, residents, and the community.
Senate Bill 643 requires DADS to collect data regarding the commitment of alleged offender residents to state supported living centers and to submit an annual report of the information collected to the governor, lieutenant governor, speaker of the house of representatives, and standing committees with jurisdiction over the state centers. The bill requires criminal history checks for employees and volunteers of state supported living centers, requires the executive commissioner of the Health and Human Services Commission (HHSC) to adopt a random illegal drug testing policy for center employees and a policy for reporting illegal drug use, requires DADS to provide specified competency training for center employees, and requires DADS to install and operate a video surveillance system at state supported living centers to detect and prevent exploitation of residents and clients.
Senate Bill 643 establishes the office of independent ombudsman for the purpose of investigating, evaluating, and securing the rights of residents and clients of the state centers, including the forensic state supported living center and the ICF-MR component of the Rio Grande State Center. The bill requires the governor to appoint the independent ombudsman and includes provisions relating to the hiring of an assistant ombudsman at each center, conflicts of interest, duties and powers of the ombudsman, promoting awareness of the ombudsman, and retaliation for cooperating with an ombudsman investigation. The bill provides for confidential communication between the ombudsman and any resident or client, authorized representative of a resident or client, family member of a resident or client, or other interested party. The bill requires the ombudsman to submit a biannual report to the governor, lieutenant governor, speaker of the house of representatives, and chairs of the standing committees of the legislature with primary jurisdiction over state supported living centers and specifies the information required to be included in the report. The office of independent ombudsman is also required to establish a permanent, toll-free number for receiving information concerning a violation of a right of a resident or client.
Senate Bill 643 requires HHSC's office of inspector general to employ and commission peace officers for the purpose of assisting a state or local law enforcement agency in the investigation of an alleged criminal offense involving a resident or client of a state supported living center. The bill requires the inspector general to prepare a summary report for each investigation conducted with the assistance of the inspector general and an annual status report of the inspector general's activities with regard to assisting law enforcement with such investigations. The bill specifies the information to be included in both the investigation and summary reports and the individuals and entities to whom the reports are to be delivered.
Senate Bill 643 amends the Human Resources Code to require HHSC, DFPS, DADS, the office of independent ombudsman, and HHSC's office of inspector general to enter into a memorandum of understanding that delineates the responsibilities of each agency regarding investigations of abuse, neglect, or exploitation of residents or clients of state supported living centers of the ICF-MR component of the Rio Grande State Center. During the negotiation of the memorandum, the bill requires the agencies to jointly determine whether the forensic training received by relevant staff of DFPS is adequate. The bill enhances the penalty for failing to report certain suspected abuse, neglect, or exploitation of a disabled person if the person is a disabled person with mental retardation who resides in a state supported living center, the ICF-MR component of the Rio Grande State Center, or an ICF-MR facility. The bill also requires a caseworker immediately to report suspected abuse, neglect, or exploitation believed to constitute a criminal offense, clarifies procedures relating to investigations in community centers and local mental health and mental retardation authorities, and requires the commissioner of DADS to employ an assistant commissioner of state supported living centers.
Senate Bill 643 requires DADS, at least every 12 months, to conduct an unannounced on‑site survey in each group home, other than a foster home, at which home- and community‑based services are provided. The bill requires DADS, in consultation with DFPS, to develop and maintain an electronic database of information relating to investigations of abuse, neglect, and exploitation of residents at publicly or privately operated ICF-MR or group homes at which home- and community-based services are provided.
Senate Bill 643 amends the Education Code to establish a school district program to provide educational services to alleged offender residents of the forensic state supported living center who are under 22 years of age. The bill establishes procedures for determining a resident's enrollment and the educational services to be provided to the resident, performing functional behavioral assessments for participating residents, and developing a memorandum of understanding between the forensic state supported living center and the school district in which alleged offender residents are enrolled. The bill provides for an additional annual allotment to the school district for each alleged resident offender in average daily attendance.
Senate Bill 643 amends the Government Code to authorize the Department of State Health Services (DSHS) and DADS to obtain criminal history record information on certain applicants, employees, and volunteers who would be placed in direct contact with a resident or client of a state supported living center or the ICF-MR component of the Rio Grande State Center. The bill also requires the executive commissioner of HHSC to establish an independent mortality review system to review the death of an individual with developmental disabilities who, at the time of death, resided in or received services from an ICF-MR operated or licensed by DADS, a community center, or the ICF-MR component of the Rio Grande State Center, or who received residential assistance through a home- and community-based waiver program. The bill requires the executive commissioner to contract with a patient safety organization to conduct independent mortality reviews and establishes procedures relating to the review process.
Senate Bill 643 establishes the Interim Select Committee on Criminal Commitments of Individuals with Mental Retardation to study the criminal commitment process for individuals who are found incompetent to stand trial or who are acquitted by reason of insanity. The bill specifies the analysis required to be conducted as part of the study, sets out the committee's membership, and requires the committee to report findings and recommendations to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature not later than December 1, 2010. The bill requires DADS to evaluate and determine the types of training needed by an employee or owner of a licensed ICF-MR or licensed or certified provider of home- and community-based waiver services and to report the results of the evaluation not later than December 1, 2010, to the governor, lieutenant governor, speaker of the house of representatives, and chairs of the standing committees of the legislature with primary jurisdiction regarding persons with mental retardation. The bill also requires an employee of DADS who performs duties primarily related to consumer rights and services at state schools to reapply for employment.
Senate Bill 643 amends the Penal Code to enhance the penalty for intentionally or knowingly committing an offense involving bodily injury to certain disabled individuals residing in a state center or ICF-MR if the actor is an employee of the center or facility whose employment involved providing direct care for the victim.
Senate Bill 643 is an omnibus bill and amends or repeals provisions of the Code of Criminal Procedure, Family Code, and Health and Safety Code primarily related to technical corrections and conforming changes that are not specified in the above summary.