1-1     By:  Zaffirini                                         S.B. No. 118

 1-2           (In the Senate - Filed December 3, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; April 21, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 1;

 1-6     April 21, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 118                By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to placement of certain children in certain long-term care

1-11     institutions.


1-13           SECTION 1.  Chapter 242, Health and Safety Code, is amended

1-14     by adding Subchapter O to read as follows:


1-16           Sec. 242.801.  DEFINITIONS.  In this subchapter:

1-17                 (1)  "Child" means a person younger than 22 years of

1-18     age.

1-19                 (2)  "Community resource coordination group" means a

1-20     coordination group established under the memorandum of

1-21     understanding adopted under Section 264.003, Family Code.

1-22                 (3)  "Institution" means:

1-23                       (A)  an establishment that:

1-24                             (i)  furnishes, in one or more facilities,

1-25     food and shelter to four or more persons who are unrelated to the

1-26     proprietor of the establishment; and

1-27                             (ii)  provides minor treatment under the

1-28     direction and supervision of a physician licensed by the Texas

1-29     State Board of Medical Examiners, or other services that meet some

1-30     need beyond the basic provision of food, shelter, and laundry; or

1-31                       (B)  a foster care type residential facility that

1-32     provides room and board to fewer than five persons who:

1-33                             (i)  are not related within the second

1-34     degree of consanguinity or affinity, as determined under Chapter

1-35     573, Government Code, to the proprietor; and

1-36                             (ii)  because of their physical or mental

1-37     limitation, or both, require a level of care and services suitable

1-38     to their needs that contributes to their health, comfort, and

1-39     welfare.

1-40                 (4)  "Permanency planning" means a philosophy and

1-41     planning process that focuses on the outcome of family support by

1-42     facilitating a permanent living arrangement in which the primary

1-43     feature is an enduring and nurturing parental relationship.

1-44           Sec. 242.802.  NOTIFICATION REQUIRED.  (a)  Not later than

1-45     the third day after the date a child with a developmental

1-46     disability is initially placed in an institution, the state agency

1-47     requesting the placement shall notify the community resource

1-48     coordination group in the county of residence of a parent or

1-49     guardian of the child.

1-50           (b)  If the person or organization requesting placement is

1-51     not a state agency or a representative of a state agency, the

1-52     institution shall notify the department and the department shall

1-53     notify the community resource coordination group described by

1-54     Subsection (a).

1-55           (c)  Not later than the third day after the date a child with

1-56     a developmental disability is initially placed in an institution,

1-57     the institution shall notify:

1-58                 (1)  if the child is at least three years of age, the

1-59     school district for the area in which the institution is located;

1-60     and

1-61                 (2)  the Texas Education Agency.

1-62           Sec. 242.803.  DUTIES OF TEXAS EDUCATION AGENCY.  Not later

1-63     than the second day after receiving notice under this subchapter,

1-64     the Texas Education Agency shall notify the Interagency Council on

 2-1     Early Childhood Intervention Services if the child placed is

 2-2     younger than 37 months of age.

 2-3           Sec. 242.804.  OFFER OF SERVICES.  Each entity receiving

 2-4     notice of the initial placement of a child in an institution under

 2-5     Section 242.802 may contact the person making the placement to

 2-6     ensure that family members of the child are aware of:

 2-7                 (1)  services and support that could provide

 2-8     alternatives to placement of the child in the institution;

 2-9                 (2)  available placement options; and

2-10                 (3)  opportunities for permanency planning.

2-11           Sec. 242.805.  EFFECT ON OTHER LAW.  This subchapter does not

2-12     affect responsibilities imposed by federal or other state law on a

2-13     physician or other professional.

2-14           SECTION 2.  Subchapter B, Chapter 531, Government Code, is

2-15     amended by adding Section 531.0245 to read as follows:


2-17     (a) The commission and each appropriate health and human services

2-18     agency shall develop procedures to ensure that permanency planning

2-19     is provided for each child residing in an institution in this state

2-20     on a temporary or long-term basis or for whom institutional care is

2-21     sought.

2-22           (b)  In this section:

2-23                 (1)  "Institution" has the meaning assigned by Section

2-24     242.002, Health and Safety Code.

2-25                 (2)  "Permanency planning" has the meaning assigned by

2-26     Section 242.801, Health and Safety Code.

2-27           SECTION 3.  (a)  This Act takes effect September 1, 1997.

2-28           (b)  The change in law made by Section 1 of this Act applies

2-29     only to a child who is initially placed in an institution governed

2-30     by Chapter 242, Health and Safety Code, on or after September 1,

2-31     1997.  The initial placement of a child in an institution before

2-32     the effective date of this Act is governed by the law in effect at

2-33     the time of the initial placement, and that law is continued in

2-34     effect for that purpose.

2-35           SECTION 4.  The importance of this legislation and the

2-36     crowded condition of the calendars in both houses create an

2-37     emergency and an imperative public necessity that the

2-38     constitutional rule requiring bills to be read on three several

2-39     days in each house be suspended, and this rule is hereby suspended.

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