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.