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