1-1 AN ACT 1-2 relating to required planning for the permanent placement of 1-3 certain children not residing with their families. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 531, Government Code, is amended by 1-6 adding Subchapter D to read as follows: 1-7 SUBCHAPTER D. PERMANENCY PLANNING 1-8 Sec. 531.151. DEFINITIONS. In this subchapter: 1-9 (1) "Institution" means: 1-10 (A) an ICF-MR, as defined by Section 531.002, 1-11 Health and Safety Code; 1-12 (B) a nursing facility; 1-13 (C) a residential facility licensed by the 1-14 Department of Protective and Regulatory Services; or 1-15 (D) another residential arrangement that 1-16 provides care to four or more children who are unrelated to each 1-17 other. 1-18 (2) "Permanency planning" means a philosophy and 1-19 planning process that focuses on the outcome of family support by 1-20 facilitating a permanent living arrangement with the primary 1-21 feature of an enduring and nurturing parental relationship. 1-22 Sec. 531.152. POLICY STATEMENT. It is the policy of the 1-23 state to strive to ensure that the basic needs for safety, 1-24 security, and stability are met for each child in Texas. A 2-1 successful family is the most efficient and effective way to meet 2-2 those needs. The state and local communities must work together to 2-3 provide encouragement and support for well-functioning families and 2-4 ensure that each child receives the benefits of being a part of a 2-5 successful permanent family as soon as possible. 2-6 Sec. 531.153. DEVELOPMENT OF PERMANENCY PLAN. To further 2-7 the policy stated in Section 531.152, the commission and each 2-8 appropriate health and human services agency shall develop 2-9 procedures to ensure that a permanency plan is developed for each 2-10 child residing in an institution in this state on a temporary or 2-11 long-term basis or for whom institutional care is sought. 2-12 Sec. 531.154. LOCAL PERMANENCY PLANNING SITES. The 2-13 commission shall develop an implementation system that consists 2-14 initially of four or more local sites and that is designed to 2-15 coordinate planning for a permanent living arrangement and 2-16 relationship for a child with a family. In developing the system, 2-17 the commission shall: 2-18 (1) include criteria to identify children who need 2-19 permanency plans; 2-20 (2) require the establishment of a permanency plan for 2-21 each child who lives outside the child's family or for whom care 2-22 or protection is sought in an institution; 2-23 (3) include a process to determine the agency or 2-24 entity responsible for developing and overseeing implementation of 2-25 a child's permanency plan; 2-26 (4) identify, blend, and use funds from all available 2-27 sources to provide customized services and programs to implement a 3-1 child's permanency plan; 3-2 (5) clarify and expand the role of a local community 3-3 resource coordination group in ensuring accountability for a child 3-4 who resides in an institution or who is at risk of being placed in 3-5 an institution; 3-6 (6) require reporting of each placement or potential 3-7 placement of a child in an institution or other living arrangement 3-8 outside of the child's home; and 3-9 (7) assign in each local permanency planning site area 3-10 a single gatekeeper for all children in the area for whom placement 3-11 in an institution through a program funded by the state is sought 3-12 with authority to ensure that: 3-13 (A) family members of each child are aware of: 3-14 (i) intensive services that could prevent 3-15 placement of the child in an institution; and 3-16 (ii) available placement options; and 3-17 (B) permanency planning is initiated for each 3-18 child. 3-19 Sec. 531.155. PERMANENCY REPORTING. For each of the local 3-20 permanency planning sites, the commission shall develop a reporting 3-21 system under which each appropriate health and human services 3-22 agency responsible for permanency planning under this subchapter is 3-23 required to provide to the commission semiannually: 3-24 (1) the number of permanency plans developed by the 3-25 agency for children residing in institutions or children at risk of 3-26 being placed in institutions; 3-27 (2) progress achieved in implementing permanency 4-1 plans; 4-2 (3) the number of children served by the agency 4-3 residing in institutions; 4-4 (4) the number of children served by the agency at 4-5 risk of being placed in an institution served by the local 4-6 permanency planning sites; 4-7 (5) the number of children served by the agency 4-8 reunited with their families or placed with alternate permanent 4-9 families; and 4-10 (6) cost data related to the development and 4-11 implementation of permanency plans. 4-12 SECTION 2. Not later than December 1, 1998, the Health and 4-13 Human Services Commission shall prepare and deliver to the 4-14 governor, lieutenant governor, speaker of the house of 4-15 representatives, and clerks of the standing committees of the 4-16 senate and house of representatives with primary jurisdiction over 4-17 the welfare of children a report concerning: 4-18 (1) the status of the local permanency planning sites 4-19 required by Section 531.154, Government Code, as added by this Act; 4-20 (2) the status of permanency planning implementation; 4-21 and 4-22 (3) the commission's recommendations on how to 4-23 implement a local permanency planning site system statewide, based 4-24 on experience with the local permanency planning sites. 4-25 SECTION 3. Not later than December 1, 1998, each state 4-26 agency responsible for providing residential care for children 4-27 shall: 5-1 (1) develop methods to include permanency planning as 5-2 a goal in each care plan developed by the agency for a child living 5-3 outside a family setting; and 5-4 (2) prepare and deliver a report concerning 5-5 implementation of the methods developed under Subdivision (1) of 5-6 this section to the governor, lieutenant governor, speaker of the 5-7 house of representatives, and clerks of the standing committees of 5-8 the senate and house of representatives with primary jurisdiction 5-9 over the welfare of children. 5-10 SECTION 4. The importance of this legislation and the 5-11 crowded condition of the calendars in both houses create an 5-12 emergency and an imperative public necessity that the 5-13 constitutional rule requiring bills to be read on three several 5-14 days in each house be suspended, and this rule is hereby suspended, 5-15 and that this Act take effect and be in force from and after its 5-16 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 885 was passed by the House on April 11, 1997, by the following vote: Yeas 132, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 885 was passed by the Senate on May 12, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor