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. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 242, Health and Safety Code, is amended 1-14 by adding Subchapter O to read as follows: 1-15 SUBCHAPTER O. PLACEMENT OF CERTAIN CHILDREN IN INSTITUTION 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: 2-16 Sec. 531.0245. PERMANENCY PLANNING FOR CERTAIN CHILDREN. 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. 2-40 * * * * *