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. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 242, Health and Safety Code, is amended 1-6 by adding Subchapter K to read as follows: 1-7 SUBCHAPTER K. PLACEMENT OF CERTAIN CHILDREN IN INSTITUTION 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.