By Maxey H.B. No. 1213
77R7316 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation and implementation by the Health and Human
1-3 Services Commission of family-based alternatives to the
1-4 institutionalization of children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-7 amended by adding Section 531.055 to read as follows:
1-8 Sec. 531.055. FAMILY-BASED ALTERNATIVES FOR CHILDREN. (a)
1-9 The purpose of the system of family-based alternatives required by
1-10 this section is to further the state's policy of providing for a
1-11 child's basic needs for safety, security, and stability through
1-12 ensuring that a child becomes a part of a successful permanent
1-13 family as soon as possible.
1-14 (b) In achieving the purpose described by Subsection (a),
1-15 the system is intended to be operated in a manner that recognizes
1-16 that parents are a valued and integral part of the process
1-17 established under the system. The system shall encourage parents to
1-18 participate in all decisions affecting their children and shall
1-19 respect the authority of parents, other than parents whose parental
1-20 rights have been terminated, to make decisions regarding their
1-21 children.
1-22 (c) In this section:
1-23 (1) "Child" means a person younger than 22 years of
1-24 age who has a physical or developmental disability or who is
2-1 medically fragile.
2-2 (2) "Family-based alternative" means a family setting
2-3 in which the family provider or providers are specially trained to
2-4 provide support and in-home care for children with disabilities or
2-5 children who are medically fragile.
2-6 (3) "Institution" means any congregate care facility,
2-7 including:
2-8 (A) a nursing home;
2-9 (B) an ICF-MR facility, as defined by Section
2-10 531.002, Health and Safety Code;
2-11 (C) a group home operated by the Texas
2-12 Department of Mental Health and Mental Retardation; and
2-13 (D) an institution for the mentally retarded
2-14 licensed by the Department of Protective and Regulatory Services.
2-15 (4) "Waiver services" means services provided under:
2-16 (A) the Medically Dependent Children Program;
2-17 (B) the Community Living Assistance and Support
2-18 Services Program;
2-19 (C) the Home and Community-based Waiver Services
2-20 Program, including the HCS-OBRA Program;
2-21 (D) the Mental Retardation-Local Authority Pilot
2-22 Project (MRLA);
2-23 (E) the Deaf, Blind, and Multiply Disabled
2-24 Program; and
2-25 (F) any other Section 1915(c) waiver program
2-26 that provides long-term care services for children.
2-27 (d) The commission shall contract with a community
3-1 organization, including a faith-based community organization, or a
3-2 nonprofit organization for the development and implementation of a
3-3 system under which a child who cannot reside with the child's birth
3-4 family may receive necessary services in a family-based alternative
3-5 instead of an institution. To be eligible for the contract under
3-6 this subsection, an organization must possess knowledge regarding
3-7 the support needs of children with disabilities and their families.
3-8 For purposes of this subsection, a community organization,
3-9 including a faith-based community organization, or a nonprofit
3-10 organization does not include:
3-11 (1) any governmental entity; or
3-12 (2) any quasi-governmental entity to which a state
3-13 agency delegates its authority and responsibility for planning,
3-14 supervising, providing, or ensuring the provision of state
3-15 services.
3-16 (e) The contractor may subcontract for one or more
3-17 components of implementation of the system with:
3-18 (1) community organizations, including faith-based
3-19 community organizations;
3-20 (2) nonprofit organizations;
3-21 (3) governmental entities; or
3-22 (4) quasi-governmental entities to which state
3-23 agencies delegate authority and responsibility for planning,
3-24 supervising, providing, or ensuring the provision of state
3-25 services.
3-26 (f) The commission shall begin implementation of the system
3-27 in areas of this state with high numbers of children who reside in
4-1 institutions.
4-2 (g) Each affected health and human services agency shall
4-3 cooperate with the contractor and any subcontractors and take all
4-4 action necessary to implement the system and comply with the
4-5 requirements of this section. The commission has final authority
4-6 to make any decisions and resolve any disputes regarding the
4-7 system.
4-8 (h) The system may be administered in cooperation with
4-9 public and private entities.
4-10 (i) The system must provide for:
4-11 (1) recruiting and training alternative families to
4-12 provide services for children;
4-13 (2) comprehensively assessing each child in need of
4-14 services and each alternative family available to provide services,
4-15 as necessary to identify the most appropriate alternative family
4-16 for placement of the child;
4-17 (3) providing to a child's parents or guardian
4-18 information regarding the availability of a family-based
4-19 alternative;
4-20 (4) identifying each child residing in an institution
4-21 and offering support services, including waiver services, that
4-22 would enable the child to return to the child's birth family or be
4-23 placed in a family-based alternative; and
4-24 (5) determining through a child's permanency plan
4-25 other circumstances in which the child must be offered waiver
4-26 services, including circumstances in which changes in an
4-27 institution's status affect the child's placement or the quality of
5-1 services received by the child.
5-2 (j) In complying with the requirement imposed by Subsection
5-3 (i)(3), the commission shall ensure that the procedures for
5-4 providing information to parents or a guardian permit and encourage
5-5 the participation of an individual who is not affiliated with the
5-6 institution in which the child resides or with an institution in
5-7 which the child could be placed.
5-8 (k) In placing a child in a family-based alternative, the
5-9 system may use a variety of placement options, including an
5-10 arrangement in which shared parenting occurs between the
5-11 alternative family and the child's birth family. Regardless of the
5-12 option used, a family-based alternative placement must be designed
5-13 to be a long-term arrangement, except in cases in which the child's
5-14 birth family chooses to return the child to their home. In cases
5-15 in which the birth family's parental rights have been terminated,
5-16 adoption of the child by the child's alternative family is an
5-17 available option.
5-18 (l) The commission or the contractor may solicit and accept
5-19 gifts, grants, and donations to support the system's functions
5-20 under this section.
5-21 (m) In designing the system, the commission shall consider
5-22 and, when appropriate, incorporate current research and
5-23 recommendations developed by other public and private entities
5-24 involved in analyzing public policy relating to children residing
5-25 in institutions.
5-26 (n) As necessary to implement this section, the commission
5-27 shall:
6-1 (1) ensure that an appropriate number of openings for
6-2 waiver services that become available as a result of funding for
6-3 the purpose of transferring persons with disabilities into
6-4 community-based services are made available to both children and
6-5 adults;
6-6 (2) ensure that service definitions applicable to
6-7 waiver services are modified as necessary to permit the provision
6-8 of waiver services through family-based alternatives;
6-9 (3) ensure that procedures are implemented for making
6-10 a level of care determination for each child and identifying the
6-11 most appropriate waiver service for the child, including procedures
6-12 under which the director of long-term care for the commission,
6-13 after considering any preference of the child's birth family or
6-14 alternative family, resolves disputes among agencies about the most
6-15 appropriate waiver service; and
6-16 (4) require that the health and human services agency
6-17 responsible for providing a specific waiver service to a child also
6-18 assume responsibility for identifying any necessary transition
6-19 activities or services.
6-20 (o) Not later than January 1 of each year, the commission
6-21 shall report to the legislature on the implementation of the
6-22 system. The report must include a statement of:
6-23 (1) the number of children currently receiving care in
6-24 an institution;
6-25 (2) the number of children placed in a family-based
6-26 alternative under the system during the preceding year;
6-27 (3) the number of children who left an institution
7-1 during the preceding year under an arrangement other than a
7-2 family-based alternative under the system or for another reason
7-3 unrelated to the availability of a family-based alternative under
7-4 the system;
7-5 (4) the number of children waiting for an available
7-6 placement in a family-based alternative under the system; and
7-7 (5) the number of alternative families trained and
7-8 available to accept placement of a child under the system.
7-9 SECTION 2. Effective September 1, 2003, or a later date on
7-10 which the Texas Department of Aging and Disability Services assumes
7-11 the functions of the Texas Department on Aging, as provided by
7-12 Chapter 1505, Acts of the 76th Legislature, Regular Session, 1999,
7-13 a reference in Section 531.055, Government Code, as added by this
7-14 Act, to the commission means the Texas Department of Aging and
7-15 Disability Services. This section of this Act has no effect if the
7-16 Texas Department of Aging and Disability Services does not assume
7-17 the functions of the Texas Department on Aging.
7-18 SECTION 3. Notwithstanding Section 531.055(o), Government
7-19 Code, as added by this Act, the Health and Human Services
7-20 Commission shall submit the report required by that section
7-21 beginning with the report due on January 1, 2003.
7-22 SECTION 4. The Health and Human Services Commission shall:
7-23 (1) take all action necessary to ensure that requests
7-24 for proposals necessary to implement Section 531.055, Government
7-25 Code, as added by this Act, are issued as soon as possible after
7-26 the effective date of this Act; and
7-27 (2) include implementation timelines in any contract
8-1 executed by the commission after receiving responses to the
8-2 requests for proposals.
8-3 SECTION 5. If, before implementing any provision of this Act,
8-4 a state agency determines that a waiver or authorization from a
8-5 federal agency is necessary for implementation of that provision,
8-6 the agency affected by the provision shall request the waiver or
8-7 authorization and may delay implementing that provision until the
8-8 waiver or authorization is granted.
8-9 SECTION 6. This Act takes effect September 1, 2001.