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.
4-22 COMMITTEE AMENDMENT NO. 1
4-23 Amend S.B. 118 as follows:
4-24 (1) On page 2, line 23 substitute the following language for
4-25 Sec. 242.802(c): (c) Not later than the third day after the date
5-1 a child with a developmental disability is initially placed in an
5-2 institution, the institution shall notify:
5-3 (1) the community resource coordination group for the
5-4 community in which the institution is located, if any;
5-5 (2) if the child is at least three years of age, the
5-6 school district for the area in which the institution is located;
5-7 and
5-8 (3) if the child is less than three years of age, the
5-9 local early intervention program for the area in which the
5-10 institution is located.
5-11 (2) On page 3, line 5 delete Sec. 242.803.
5-12 Naishtat