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)  the community resource coordination group for the

 3-2     community in which the institution is located, if any;

 3-3                 (2)  if the child is at least three years of age, the

 3-4     school district for the area in which the institution is located;

 3-5     and

 3-6                 (3)  if the child is less than three years of age, the

 3-7     local early intervention program for the area in which the

 3-8     institution is located.

 3-9           Sec. 242.803.  OFFER OF SERVICES.  Each entity receiving

3-10     notice of the initial placement of a child in an institution under

3-11     Section 242.802 may contact the person making the placement to

3-12     ensure that family members of the child are aware of:

3-13                 (1)  services and support that could provide

3-14     alternatives to placement of the child in the institution;

3-15                 (2)  available placement options; and

3-16                 (3)  opportunities for permanency planning.

3-17           Sec. 242.804.  EFFECT ON OTHER LAW.  This subchapter does not

3-18     affect responsibilities imposed by federal or other state law on a

3-19     physician or other professional.

3-20           SECTION 2.  Subchapter B, Chapter 531, Government Code, is

3-21     amended by adding Section 531.0245 to read as follows:


3-23     (a) The commission and each appropriate health and human services

3-24     agency shall develop procedures to ensure that permanency planning

3-25     is provided for each child residing in an institution in this state

 4-1     on a temporary or long-term basis or for whom institutional care is

 4-2     sought.

 4-3           (b)  In this section:

 4-4                 (1)  "Institution" has the meaning assigned by Section

 4-5     242.002, Health and Safety Code.

 4-6                 (2)  "Permanency planning" has the meaning assigned by

 4-7     Section 242.801, Health and Safety Code.

 4-8           SECTION 3.  (a)  This Act takes effect September 1, 1997.

 4-9           (b)  The change in law made by Section 1 of this Act applies

4-10     only to a child who is initially placed in an institution governed

4-11     by Chapter 242, Health and Safety Code, on or after September 1,

4-12     1997.  The initial placement of a child in an institution before

4-13     the effective date of this Act is governed by the law in effect at

4-14     the time of the initial placement, and that law is continued in

4-15     effect for that purpose.

4-16           SECTION 4.  The importance of this legislation and the

4-17     crowded condition of the calendars in both houses create an

4-18     emergency and an imperative public necessity that the

4-19     constitutional rule requiring bills to be read on three several

4-20     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 118 passed the Senate on

         April 24, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendment on May 26, 1997, by a viva-voce vote.


                                                 Secretary of the Senate

               I hereby certify that S.B. No. 118 passed the House, with

         amendment, on May 23, 1997, by a non-record vote.


                                                 Chief Clerk of the House