LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 8, 1999
  
  
          TO:  Honorable Toby Goodman, Chair, House Committee on
               Juvenile Justice & Family Issues
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3517  by Goodman (Relating to the detention,
               adjudication, and disposition of certain persons within
               the juvenile justice system.), Committee Report 1st
               House, Substituted
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3517, Committee Report 1st House, Substituted:  negative impact     *
*  of $(832,742) through the biennium ending August 31, 2001.            *
*                                                                        *
*  The bill would make no appropriation but could provide the legal      *
*  basis for an appropriation of funds to implement the provisions of    *
*  the bill.                                                             *
**************************************************************************
  
General Revenue-Related Funds, Five-Year Net Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2000                           $(416,140)  *
          *       2001                            (416,602)  *
          *       2002                            (416,602)  *
          *       2003                            (416,602)  *
          *       2004                            (416,602)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
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*Fiscal      Probable        Probable        Probable        Probable     *
* Year    Savings/(Cost)     Revenue      Savings/(Cost)  Savings/(Cost)  *
*          from General    Gain/(Loss)     from General    from Federal   *
*          Revenue Fund    from Other -    Revenue Fund       Funds       *
*              0001        Appropriated   (GR match for     (Medicaid)    *
*                            Receipts       Medicaid)          0555       *
*                                              0001                       *
*  2000        $(218,610)        $512,401      $(197,530)      $(314,871) *
*  2001         (218,610)         512,401       (197,992)       (314,409) *
*  2002         (218,610)         512,401       (197,992)       (314,409) *
*  2003         (218,610)         512,401       (197,992)       (314,409) *
*  2004         (218,610)         512,401       (197,992)       (314,409) *
***************************************************************************
  
Technology Impact
  
N/A
  
  
Fiscal Analysis
  
The bill would amend sections of the Family Code to provide that a
juvenile court may refer a child to a local MHMR authority for
evaluation and services if there was probable cause to believe that a
child suffered from a mental illness or mental retardation.  If that
determination was made, the juvenile proceedings would be stayed until a
finding was made by the court.  If the court found that evidence
supported a finding of mental illness and the child met the Health and
Safety Code commitment criteria, the court would initiate commitment or
refer the matter to the appropriate court.  If the child was found unfit
to proceed by reason of mental retardation, the court would initiate
civil commitment or refer the case to an appropriate court.
  
  
Methodology
  
It is assumed that the Texas Department of Mental Health and Mental
Retardation (MHMR) would receive 38 additional referrals - 9 referrals
for determination of fitness resulting from mental illness and 29
referrals persons for determination of mental retardation.  Medicaid
eligible costs for Medicaid eligible clients will be borne by the
Department of Health.  Non-medicaid eligible costs are assumed at MHMR.

The cost methodology assumes the number of referrals X cost per day
(MH=$260.90, MR=$131.53) X 90 days as stated in the bill.

According to MHMR, approximately 24% of the total referrals for mental
illness and 100% of mental retardation referrals are Medicaid eligible.
Medicaid eligible costs are federally reimbursed at a rate of 61.45%.
The General Revenue match for these Medicaid eligible clients is provided
by the Department of Health.  MHMR will receive the reimbursement as
appropriated receipts.

In addition, non-Medicaid medical costs of $2,000 per year per MR
referral are included which are not federally reimbursed.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   
LBB Staff:         JK, MD, MG, DC