JKC H.B. 885 75(R)BILL ANALYSIS HUMAN SERVICES H.B. 885 By: Maxey 3-17-97 Committee Report (Unamended) BACKGROUND There are currently approximately 1,900 children across the state of Texas who live in state funded out-of-home placements such as: state institutions, ICF-MR facilities, nursing homes, and other residential facilities that house more than four unrelated children. The Department of Protective and Regulatory Services (DPRS) has been developing permanency plans for children in foster care since 1983. At the present time, no other agency that serves children is required to develop a plan designed to place children in a permanent, loving, family environment. This legislation would ensure that children in institutional placements in four pilot sites are not allowed to remain in institutional care without efforts being made to return that child to a permanent, nurturing environment. In addition, this legislation requires that all options are explored for children in these pilot sites that are at risk of being placed in institutional care with the goal of helping that child either to remain with the current family or to be placed in another permanent family arrangement. PURPOSE This legislation instructs the Health and Human Services Commission to develop four pilot sites and a system of blended funds to implement permanency plans for all children either currently in institutional care or at risk of being placed in institutional care. RULEMAKING AUTHORITY This legislation provides no explicit rulemaking authority; however, the Health and Human Services Commission is directed to develop the following: (1) [Section 531.153] procedures to ensure that a permanency plan is developed for each child; (2) [Section 531.154] a system to implement permanency planning; (3) [Section 531.155] a reporting system for each of the health and human service agencies responsible for permanency planning. SECTION BY SECTION ANALYSIS Section 1.Chapter 531, Government Code is amended by adding Subchapter D to read as follows: Sec. 531.151. Definitions (1) Institution means: (A) an ICF-MR, as defined by Section 531.002, Health and Safety Code; (B) a nursing facility; (C) a DPRS residential facility; and (D) residential arrangement with four or more unrelated children. (2)Permanency planning means: A philosophy and planning process that focuses on the outcome of family support by facilitating a permanent living arrangement with the primary feature of an enduring and nurturing parental relationship. Sec. 531.152.Policy statement that the state must strive to meet the basic needs for safety, security, and stability for each child in Texas. Sec. 531.153.Directs the Health and Human Services Commission (HHSC) and the appropriate health and human services agencies to develop ways to ensure that a permanency plan is developed for each child in the target population. Sec. 531.154.Directs HHSC to develop four pilot project sites that include: (1) criteria to identify children who need permanency plans; (2) the requirement of established permanency plans; (3) a process to identify the agency responsible for the establishment of the plan; (4) a direction to identify and blend funds to provide necessary services; (5)the expansion of the role of the local community resource coordination group (CRCG); (6) a requirement for the reporting of each placement; (7) the assignment of a single gatekeeper for the area so that: (A) family members are aware of: (i) intensive services available in the community; and (ii) available placement options. (B) permanency planning is initiated for each child. Sec. 531.155.Requires each agency to report semiannually the following information to the Commission: (1) the number of permanency plans developed; (2) progress toward implementing those plans; (3) the number of children served by the agency that reside in institutions; (4) the number of children at risk of being placed in institutional care; (5)the number of children reunited with their families or placed with alternate permanent families; and (6) cost data. Section 2.Not later than December 1, 1998, the Commission must deliver a report concerning: (1) the status of the local permanency planning sites; (2) the status of permanency planning implementation; and (3)the commission's recommendations on how to implement permanency planning statewide. Section 3.Not later than December 1, 1998, each state agency responsible for providing residential care shall: (1)determine how to include permanency planning in all plans developed for children; and (2)prepare and deliver a report on the methods developed to include permanency planning. Section 4.Emergency clause.