By: Zaffirini S.B. No. 118 A BILL TO BE ENTITLED AN ACT 1-1 relating to placement of certain children in certain long-term care 1-2 institutions. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 242, Health and Safety Code, is amended 1-5 by adding Subchapter O to read as follows: 1-6 SUBCHAPTER O. PLACEMENT OF CERTAIN CHILDREN IN INSTITUTION 1-7 Sec. 242.801. DEFINITIONS. In this subchapter: 1-8 (1) "Child" means a person younger than 22 years of 1-9 age. 1-10 (2) "Community resource coordination group" means a 1-11 coordination group established under the memorandum of 1-12 understanding adopted under Section 264.003, Family Code. 1-13 (3) "Institution" means: 1-14 (A) an establishment that: 1-15 (i) furnishes, in one or more facilities, 1-16 food and shelter to four or more persons who are unrelated to the 1-17 proprietor of the establishment; and 1-18 (ii) provides minor treatment under the 1-19 direction and supervision of a physician licensed by the Texas 1-20 State Board of Medical Examiners, or other services that meet some 1-21 need beyond the basic provision of food, shelter, and laundry; or 1-22 (B) a foster care type residential facility that 1-23 provides room and board to fewer than five persons who: 2-1 (i) are not related within the second 2-2 degree of consanguinity or affinity, as determined under Chapter 2-3 573, Government Code, to the proprietor; and 2-4 (ii) because of their physical or mental 2-5 limitation, or both, require a level of care and services suitable 2-6 to their needs that contributes to their health, comfort, and 2-7 welfare. 2-8 (4) "Permanency planning" means a philosophy and 2-9 planning process that focuses on the outcome of family support by 2-10 facilitating a permanent living arrangement in which the primary 2-11 feature is an enduring and nurturing parental relationship. 2-12 Sec. 242.802. NOTIFICATION REQUIRED. (a) Not later than 2-13 the third day after the date a child with a developmental 2-14 disability is initially placed in an institution, the state agency 2-15 requesting the placement shall notify the community resource 2-16 coordination group in the county of residence of a parent or 2-17 guardian of the child. 2-18 (b) If the person or organization requesting placement is 2-19 not a state agency or a representative of a state agency, the 2-20 institution shall notify the department and the department shall 2-21 notify the community resource coordination group described by 2-22 Subsection (a). 2-23 (c) Not later than the third day after the date a child with 2-24 a developmental disability is initially placed in an institution, 2-25 the institution shall notify: 3-1 (1) if the child is at least three years of age, the 3-2 school district for the area in which the institution is located; 3-3 and 3-4 (2) the Texas Education Agency. 3-5 Sec. 242.803. DUTIES OF TEXAS EDUCATION AGENCY. Not later 3-6 than the second day after receiving notice under this subchapter, 3-7 the Texas Education Agency shall notify the Interagency Council on 3-8 Early Childhood Intervention Services if the child placed is 3-9 younger than 37 months of age. 3-10 Sec. 242.804. OFFER OF SERVICES. Each entity receiving 3-11 notice of the initial placement of a child in an institution under 3-12 Section 242.802 may contact the person making the placement to 3-13 ensure that family members of the child are aware of: 3-14 (1) services and support that could provide 3-15 alternatives to placement of the child in the institution; 3-16 (2) available placement options; and 3-17 (3) opportunities for permanency planning. 3-18 Sec. 242.805. EFFECT ON OTHER LAW. This subchapter does not 3-19 affect responsibilities imposed by federal or other state law on a 3-20 physician or other professional. 3-21 SECTION 2. Subchapter B, Chapter 531, Government Code, is 3-22 amended by adding Section 531.0245 to read as follows: 3-23 Sec. 531.0245. PERMANENCY PLANNING FOR CERTAIN CHILDREN. 3-24 (a) The commission and each appropriate health and human services 3-25 agency shall develop procedures to ensure that permanency planning 4-1 is provided for each child residing in an institution in this state 4-2 on a temporary or long-term basis or for whom institutional care is 4-3 sought. 4-4 (b) In this section: 4-5 (1) "Institution" has the meaning assigned by Section 4-6 242.002, Health and Safety Code. 4-7 (2) "Permanency planning" has the meaning assigned by 4-8 Section 242.801, Health and Safety Code. 4-9 SECTION 3. (a) This Act takes effect September 1, 1997. 4-10 (b) The change in law made by Section 1 of this Act applies 4-11 only to a child who is initially placed in an institution governed 4-12 by Chapter 242, Health and Safety Code, on or after September 1, 4-13 1997. The initial placement of a child in an institution before 4-14 the effective date of this Act is governed by the law in effect at 4-15 the time of the initial placement, and that law is continued in 4-16 effect for that purpose. 4-17 SECTION 4. The importance of this legislation and the 4-18 crowded condition of the calendars in both houses create an 4-19 emergency and an imperative public necessity that the 4-20 constitutional rule requiring bills to be read on three several 4-21 days in each house be suspended, and this rule is hereby suspended.