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.


 1-4           SECTION 1.  Chapter 242, Health and Safety Code, is amended

 1-5     by adding Subchapter O to read as follows:


 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:


3-24     (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.