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.