By Zaffirini                                     S.B. No. 118

      75R668 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to placement of certain children in certain long-term care

 1-3     institutions.


 1-5           SECTION 1.  Chapter 242, Health and Safety Code, is amended

 1-6     by adding Subchapter K to read as follows:


 1-8           Sec. 242.701.  DEFINITIONS.  In this subchapter:

 1-9                 (1)  "Child" means a person younger than 22 years of

1-10     age.

1-11                 (2)  "Community resource coordination group" means a

1-12     coordination group established under the memorandum of

1-13     understanding adopted under Section 264.003, Family Code.

1-14           Sec. 242.702.  PLACEMENT TEMPORARY.  An initial placement of

1-15     a child with a developmental disability in an institution may not

1-16     exceed 45 days.  After the initial 45-day period, the institution

1-17     may readmit the child as agreed by the institution and the person

1-18     making the placement.

1-19           Sec. 242.703.  NOTIFICATION REQUIRED.  Not later than the

1-20     third day after the date a child with a developmental disability is

1-21     initially placed in an institution, the institution shall notify:

1-22                 (1)  the community resource coordination group for the

1-23     community in which the institution is located, if any;

1-24                 (2)  if the child is at least three years of age, the

 2-1     school district for the area in which the institution is located;

 2-2     and

 2-3                 (3)  the Texas Education Agency.

 2-4           Sec. 242.704.  DUTIES OF TEXAS EDUCATION AGENCY.  Not later

 2-5     than the second day after receiving notice under this subchapter,

 2-6     the  Texas Education Agency shall notify the Interagency Council on

 2-7     Early Childhood  Intervention Services if the child placed is

 2-8     younger than 37 months of age.

 2-9           Sec. 242.705.  OFFER OF SERVICES.  An entity receiving notice

2-10     of the initial placement of a child in an institution under this

2-11     subchapter may contact the person making the placement to offer to

2-12     provide  appropriate services to the person or the child or to

2-13     provide relevant information relating to alternatives to

2-14     institutional care.

2-15           Sec. 242.706.  EFFECT ON OTHER LAW.  This subchapter does not

2-16     affect responsibilities imposed by federal or other  state law on a

2-17     physician or other professional.

2-18           SECTION 2.  Subchapter B, Chapter 531, Government Code, is

2-19     amended by adding Section 531.0245 to read as follows:

2-20           Sec. 531.0245.  STATEWIDE SERVICES SYSTEM FOR CERTAIN

2-21     CHILDREN.  (a)  The commissioner shall develop a statewide services

2-22     system for families considering placing a child in a long-term care

2-23     facility.

2-24           (b)  The statewide services system must:

2-25                 (1)  provide 60 days of intensive services and support

2-26     for the child and the family of the child to enable the child to

2-27     remain at home during the  60-day period; and

 3-1                 (2)  identify alternative care options for the child.

 3-2           (c)  At the direction of the commissioner, the appropriate

 3-3     health and human services agencies shall implement the statewide

 3-4     services system.

 3-5           (d)  In this section, "long-term care facility" includes any

 3-6     congregate care facility, including:

 3-7                 (1)  an institution licensed under Chapter 242, Health

 3-8     and Safety Code; and

 3-9                 (2)  an intermediate care facility for mentally

3-10     retarded persons.

3-11           SECTION 3.  (a)  This Act takes effect September 1, 1997.

3-12           (b)  The change in law made by Section 1 of this Act applies

3-13     only to a child who is initially placed in an institution governed

3-14     by Chapter 242, Health and Safety Code, on or after September 1,

3-15     1997.  The initial placement of a child in an institution before

3-16     the effective date of this Act is governed by the law in effect at

3-17     the time of the initial placement, and that law is continued in

3-18     effect for that purpose.

3-19           SECTION 4.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.