SRC-MWN H.B. 1213 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1213
By: Maxey (Moncrief)
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

According to the Health and Human Services Commission (HHSC), there are
currently more than 1,200 Texas children with disabilities living in
institutions. The Children's Long-Term Care Policy Council under the
auspices of HHSC states that disabled children are more likely to thrive or
meet their potential when living in a family-based setting. Current law
requires HHSC to provide permanency planning with the goal of placing
children in a enduring and nurturing parental relationship for each child
residing in an institution. However, Texas does not have a specialized
system for recruiting and developing family-based alternatives for children
residing in institutions or at risk of institutional placement. H.B. 1213
requires HHSC to create and implement a system of family-based alternatives
to the institutionalization of children.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 531B, Government Code, by adding Section 531.055,
as follows: 

Sec. 531.055.  FAMILY-BASED ALTERNATIVES FOR CHILDREN.  (a)  Provides that
the purpose of the system of family-based alternatives required by this
section is to further the state's policy of providing for a child's basic
needs for safety, security, and stability through ensuring that a child
becomes a part of a successful permanent family as soon as possible. 
 
(b)  Provides that in achieving the purpose described by Subsection (a),
the system is intended to be operated in a manner that recognizes that
parents are a valued and integral part of the process established under the
system. Requires the system to encourage parents to participate in all
decisions affecting their children and shall respect the authority of
parents, other than parents whose parental rights have been terminated, to
make decisions regarding their children. 
 
(c)  Defines "child," "family-based alternative," "institution," and
"waiver services." 

(d)  Requires the Health and Human Services Commission (commission) to
contract with a community organization, including a faith-based community
organization, or a nonprofit organization for the development and
implementation of a system under which a child who cannot reside with the
child's birth family may receive necessary services in a family-based
alternative instead of an institution.  Requires an organization, to be
eligible for the contract under this subsection, to possess knowledge
regarding the support needs of children with disabilities and their
families.  Provides that for purposes of this subsection, a community
organization, including a faith-based community organization, or a
nonprofit organization does not include certain entities. 

 (e)  Authorizes the contractor to subcontract for one or more components
of implementation of the system with certain organizations or entities. 

(f)  Requires the commission to begin implementation of the system in areas
of this state with high numbers of children who reside in institutions. 

(g)  Requires each affected health and human services agency to cooperate
with the contractor and any subcontractors and take all action necessary to
implement the system and comply with the requirements of this section.
Provides that the commission has final authority to make any decisions and
resolve any disputes regarding the system. 

(h)  Authorizes the system to be administered in cooperation with public
and private entities. 

  (i)  Requires the system to provide for certain services.

(j)  Requires the commission, in complying with the requirement imposed by
Subsection (i)(3), to ensure that the procedures for providing information
to parents or a guardian permit and encourage the participation of an
individual who is not affiliated with the institution in which the child
resides or with an institution in which the child could be placed. 
 
(k)  Authorizes the system, in placing a child in a family-based
alternative, to use a variety of placement options, including an
arrangement in which shared parenting occurs between the alternative family
and the child's birth family. Requires a family-based alternative
placement, regardless of the option used, to be designed to be a long-term
arrangement, except in cases in which the child's birth family chooses to
return the child to their home.  Provides that in cases in which the birth
family's parental rights have been terminated, adoption of the child by the
child's alternative family is an available option. 

(l)  Authorizes the commission or the contractor to solicit and accept
gifts, grants, and donations to support the system's functions under this
section. 

(m)  Requires the commission to consider and, when appropriate, incorporate
current research and recommendations developed by other public and private
entities involved in analyzing public policy relating to children residing
in institutions. 
  
(n)  Requires the commission, as necessary to implement this section, to
perform certain duties. 

(o)  Requires the commission, not later than January 1 of each year, to
report to the legislature on the implementation of the system. Requires the
report to include a statement of certain information. 

SECTION 2.  Provides that effective September 1, 2003, or a later date on
which the Texas Department of Aging and Disability Services assumes the
functions of the Texas Department on Aging, as provided by Chapter 1505,
Acts of the 76th Legislature, Regular Session, 1999, a reference in Section
531.055, Government Code, as added by this Act, to the commission means the
Texas Department of Aging and Disability Services.  Provides that this
section of this Act has no effect if the Texas Department of Aging and
Disability Services does not assume the functions of the Texas Department
on Aging. 

SECTION 3. Requires the Health and Human Services Commission,
notwithstanding Section 531.055(o), Government Code, as added by this Act,
to submit the report required by that section  beginning with the report
due on January 1, 2003. 

SECTION 4. Requires the Health and Human Services Commission to perform
certain duties. 

SECTION 5. Provides that if, before implementing any provision of this Act,
a state agency determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the agency
affected by the provision shall request the waiver or authorization and may
delay implementing that provision until the waiver or authorization is
granted. 
 
SECTION 6. Effective date: September 1, 2001.