By Maxey                                              H.B. No. 2717
         77R8607 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to permanency planning procedures for children in state
 1-3     institutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter D, Chapter 531, Government Code, as
 1-6     added by Chapter 241, Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended to read as follows:
 1-8                     SUBCHAPTER D.  PERMANENCY PLANNING
 1-9           Sec. 531.151.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Child" means a person younger than 22 years of
1-11     age.
1-12                 (2)  "Community resource coordination group" means a
1-13     coordination group established under the memorandum of
1-14     understanding adopted under Section 264.003, Family Code.
1-15                 (3)  "Institution" means:
1-16                       (A)  an ICF-MR, as defined by Section 531.002,
1-17     Health and Safety Code;
1-18                       (B)  a group home operated under the authority of
1-19     the Texas Department of Mental Health and Mental Retardation;
1-20                       (C)  a nursing facility;
1-21                       (D) [(C)]  a residential facility licensed by the
1-22     Department of Protective and Regulatory Services, including an
1-23     institution for the mentally retarded; or
1-24                       (E) [(D)]  another residential arrangement that
 2-1     provides care to four or more children who are unrelated to each
 2-2     other.
 2-3                 (4) [(2)]  "Permanency planning" means a philosophy and
 2-4     planning process that focuses on the outcome of family support by
 2-5     facilitating a permanent living arrangement with the primary
 2-6     feature of an enduring and nurturing parental relationship.
 2-7           Sec. 531.152.  POLICY STATEMENT. It is the policy of the
 2-8     state to strive to ensure that the basic needs for safety,
 2-9     security, and stability are met for each child in Texas.  A
2-10     successful family is the most efficient and effective way to meet
2-11     those needs.  The state and local communities must work together to
2-12     provide encouragement and support for well-functioning families and
2-13     ensure that each child receives the benefits of being a part of a
2-14     successful permanent family as soon as possible.
2-15           Sec. 531.153.  DEVELOPMENT OF PERMANENCY PLAN. (a)  To
2-16     further the policy stated in Section 531.152, the commission and
2-17     each appropriate health and human services agency shall develop
2-18     procedures to ensure that a permanency plan is developed for each
2-19     child residing in an institution in this state on a temporary or
2-20     long-term basis or for whom institutional care is sought.
2-21           (b)  In developing procedures under Subsection (a), the
2-22     commission and other appropriate health and human services agencies
2-23     shall develop to the extent possible uniform procedures applicable
2-24     to each of the agencies and each child who is the subject of a
2-25     permanency plan that promote efficiency for the agencies and
2-26     stability for each child.
2-27           (c)  In developing procedures under Subsection (a), the Texas
 3-1     Department of Human Services, the Texas Department of Mental Health
 3-2     and Mental Retardation, and the Department of Protective and
 3-3     Regulatory Services may:
 3-4                 (1)  delegate each department's duty to develop a
 3-5     permanency plan to a local mental retardation authority, as defined
 3-6     by Section 531.002, Health and Safety Code, or enter into a
 3-7     memorandum of understanding with the local mental retardation
 3-8     authority to develop the permanency plan for each child who resides
 3-9     in an institution in this state or for whom institutional care is
3-10     sought; or
3-11                 (2)  contract with a private entity, other than an
3-12     entity that provides mental retardation services to a child
3-13     residing in an institution in this state or for whom institutional
3-14     care is sought, to develop a permanency plan for that child.
3-15           (d)  The Texas Department of Human Services, the Texas
3-16     Department of Mental Health and Mental Retardation, and the
3-17     Department of Protective and Regulatory Services may solicit and
3-18     accept gifts, grants, and donations to support the development of
3-19     permanency plans for children residing in institutions by
3-20     individuals or organizations not employed by or affiliated with
3-21     those institutions.
3-22           (e)  A health and human services agency that contracts with a
3-23     private entity under Subsection (c) to develop a permanency plan
3-24     shall ensure that the entity is provided training regarding the
3-25     permanency planning philosophy under Section 531.151 and available
3-26     resources that will assist a child residing in an institution in
3-27     making a successful transition to a community-based residence.
 4-1           Sec. 531.154.  NOTIFICATION REQUIRED. (a)  Not later than the
 4-2     third day after the date a child with a developmental disability is
 4-3     initially placed in an institution, the institution shall notify:
 4-4                 (1)  the Texas Department of Human Services, if the
 4-5     child is placed in a nursing home;
 4-6                 (2)  the local mental retardation authority, as defined
 4-7     by Section 531.002, Health and Safety Code, where the institution
 4-8     is located, if the child:
 4-9                       (A)  is placed in an ICF-MR, as defined by
4-10     Section 531.002, Health and Safety Code; or
4-11                       (B)  is placed by a state or local child
4-12     protective services agency in an institution for the mentally
4-13     retarded licensed by the Department of Protective and Regulatory
4-14     Services;
4-15                 (3)  the community resource coordination group in the
4-16     county of residence of a parent or guardian of the child;
4-17                 (4)  if the child is at least three years of age, the
4-18     school district for the area in which the institution is located;
4-19     and
4-20                 (5)  if the child is less than three years of age, the
4-21     local early intervention program for the area in which the
4-22     institution is located.
4-23           (b)  The Texas Department of Human Services shall notify the
4-24     local mental retardation authority, as defined by Section 531.002,
4-25     Health and Safety Code, of a child's placement in a nursing home if
4-26     the child is known or suspected to suffer from mental retardation
4-27     or another disability for which the child may receive services
 5-1     through the Texas Department of Mental Health and Mental
 5-2     Retardation.
 5-3           Sec. 531.155.  OFFER OF SERVICES. Each entity receiving
 5-4     notice of the initial placement of a child in an institution under
 5-5     Section 531.154 may contact the person making the placement to
 5-6     ensure that family members of the child are aware of:
 5-7                 (1)  services and support that could provide
 5-8     alternatives to placement of the child in the institution;
 5-9                 (2)  available placement options; and
5-10                 (3)  opportunities for permanency planning.
5-11           Sec. 531.156.  DESIGNATION OF ADVOCATE. (a)  Except as
5-12     provided by Subsection (b), the Texas Department of Human Services
5-13     shall designate a person, including a member of a community-based
5-14     organization, to serve as a volunteer advocate for a child residing
5-15     in an institution to assist in developing a permanency plan for the
5-16     child if:
5-17                 (1)  the child's parent or guardian requests the
5-18     assistance of an advocate; or
5-19                 (2)  the institution in which the child is placed
5-20     cannot locate the child's parent or guardian.
5-21           (b)  The Texas Department of Mental Health and Mental
5-22     Retardation shall designate the person to serve as a volunteer
5-23     advocate for a child in accordance with Subsection (a) if the child
5-24     resides in an institution operated by the department.
5-25           (c)  The person designated by the Texas Department of Human
5-26     Services or the Texas Department of Mental Health and Mental
5-27     Retardation to serve as the child's volunteer advocate under this
 6-1     section may be:
 6-2                 (1)  a person selected by the child's parent or
 6-3     guardian, except that the person may not be employed by or under a
 6-4     contract with the institution in which the child resides;
 6-5                 (2)  an adult relative of the child; or
 6-6                 (3)  a representative of a child advocacy group.
 6-7           (d)  The Texas Department of Human Services or the Texas
 6-8     Department of Mental Health and Mental Retardation, as appropriate,
 6-9     shall provide to each person designated to serve as a child's
6-10     volunteer advocate information regarding permanency planning under
6-11     this subchapter.
6-12           Sec. 531.157.  COMMUNITY-BASED SERVICES. (a)  A state agency
6-13     that receives notice of a child's placement in an institution shall
6-14     ensure that, not later than 24 hours after the child is initially
6-15     placed in the institution, the child is also placed on a waiting
6-16     list for waiver program services under Section 1915(c) of the
6-17     federal Social Security Act (42 U.S.C. Section 1396n), as amended,
6-18     appropriate to the child's needs.
6-19           (b)  The parent or guardian of a child placed on a waiting
6-20     list under Subsection (a) shall determine whether to accept waiver
6-21     program services under Section 1915(c) of the federal Social
6-22     Security Act (42 U.S.C. Section 1396n), as amended, for the child
6-23     when those services are available.
6-24           Sec. 531.158.  LOCAL PERMANENCY PLANNING SITES. The
6-25     commission shall develop an implementation system that consists
6-26     initially of four or more local sites and that is designed to
6-27     coordinate planning for a permanent living arrangement and
 7-1     relationship for a child with a family.  In developing the system,
 7-2     the commission shall:
 7-3                 (1)  include criteria to identify children who need
 7-4     permanency plans;
 7-5                 (2)  require the establishment of a permanency plan for
 7-6     each child who lives outside the child's family or for whom care or
 7-7     protection is sought in an institution;
 7-8                 (3)  include a process to determine the agency or
 7-9     entity responsible for developing and overseeing implementation of
7-10     a child's permanency plan;
7-11                 (4)  identify, blend, and use funds from all available
7-12     sources to provide customized services and programs to implement a
7-13     child's permanency plan;
7-14                 (5)  clarify and expand the role of a local community
7-15     resource coordination group in ensuring accountability for a child
7-16     who resides in an institution or who is at risk of being placed in
7-17     an institution;
7-18                 (6)  require reporting of each placement or potential
7-19     placement of a child in an institution or other living arrangement
7-20     outside of the child's home; and
7-21                 (7)  assign in each local permanency planning site area
7-22     a single gatekeeper for all children in the area for whom placement
7-23     in an institution through a program funded by the state is sought
7-24     with authority to ensure that:
7-25                       (A)  family members of each child are aware of:
7-26                             (i)  intensive services that could prevent
7-27     placement of the child in an institution; and
 8-1                             (ii)  available placement options; and
 8-2                       (B)  permanency planning is initiated for each
 8-3     child.
 8-4           Sec. 531.159.  MONITORING OF PERMANENCY PLANNING EFFORTS. (a)
 8-5     The commission and each appropriate health and human services
 8-6     agency shall require a person who develops a permanency plan for a
 8-7     child residing in an institution to identify and document in the
 8-8     child's permanency plan all ongoing permanency planning efforts at
 8-9     least once during each calendar quarter to ensure that, as soon as
8-10     possible, the child will benefit from a permanent living
8-11     arrangement with an enduring and nurturing parental relationship.
8-12           (b)  The chief executive officer of each appropriate health
8-13     and human services agency or the officer's designee must approve
8-14     the placement of a child in an institution.  The initial placement
8-15     of the child in the institution is temporary and may not exceed a
8-16     calendar quarter unless the appropriate chief executive officer or
8-17     the officer's designee approves an extension of an additional
8-18     calendar quarter after conducting a review of documented permanency
8-19     planning efforts to unite the child with a family in a permanent
8-20     living arrangement.  The chief executive officer or the officer's
8-21     designee shall review the child's placement at least every calendar
8-22     quarter and must approve an extension of the placement for the
8-23     child to continue residing in the institution.
8-24           (c)  The commissioner shall review the placement of each
8-25     child who resides in an institution in this state not later than
8-26     each six-month anniversary of the date of the child's initial
8-27     placement.  The child may continue to reside in the institution
 9-1     only if the placement is approved by the commissioner on or before
 9-2     each six-month anniversary.
 9-3           Sec. 531.160.  INSPECTIONS. As part of each inspection,
 9-4     survey, or investigation of an institution, including a nursing
 9-5     home, institution for the mentally retarded licensed by the
 9-6     Department of Protective and Regulatory Services, or ICF-MR, as
 9-7     defined by Section 531.002, Health and Safety Code, in which a
 9-8     child with a developmental disability resides, the agency or the
 9-9     agency's designee shall determine the extent to which the nursing
9-10     home, institution, or ICF-MR is complying with the permanency
9-11     planning requirements under this subchapter.
9-12           Sec. 531.161 [531.155].  PERMANENCY REPORTING. (a)  For each
9-13     of the local permanency planning sites, the commission shall
9-14     develop a reporting system under which each appropriate health and
9-15     human services agency responsible for permanency planning under
9-16     this subchapter is required to provide to the commission
9-17     semiannually:
9-18                 (1)  the number of permanency plans developed by the
9-19     agency for children residing in institutions or children at risk of
9-20     being placed in institutions;
9-21                 (2)  progress achieved in implementing permanency
9-22     plans;
9-23                 (3)  the number of children served by the agency
9-24     residing in institutions;
9-25                 (4)  the number of children served by the agency at
9-26     risk of being placed in an institution served by the local
9-27     permanency planning sites;
 10-1                (5)  the number of children served by the agency
 10-2    reunited with their families or placed with alternate permanent
 10-3    families; and
 10-4                (6)  cost data related to the development and
 10-5    implementation of permanency plans.
 10-6          (b)  The commissioner shall submit a semiannual report to the
 10-7    governor and the committees of each house of the legislature that
 10-8    have primary oversight jurisdiction over health and human services
 10-9    agencies regarding:
10-10                (1)  the number of children residing in institutions in
10-11    this state and, of those children, the number for whom a
10-12    recommendation has been made for a transition to a community-based
10-13    residence but who have not yet made that transition;
10-14                (2)  the circumstances of each child described by
10-15    Subdivision (1), including the name and type of institution in
10-16    which the child resides, the child's age, the residence of the
10-17    child's parents or guardians, and the length of time in which the
10-18    child has resided in the institution;
10-19                (3)  the number of permanency plans developed for
10-20    children residing or at risk of placement in institutions in this
10-21    state, the progress achieved in implementing those plans, and
10-22    barriers to implementing those plans;
10-23                (4)  the number of children who previously resided in
10-24    an institution in this state and have been reunited with their
10-25    families or placed with alternate permanent families; and
10-26                (5)  the number of children who previously resided in
10-27    an institution in this state and have made the transition to a
 11-1    community-based residence.
 11-2          Sec. 531.162.  EFFECT ON OTHER LAW. This subchapter does not
 11-3    affect responsibilities imposed by federal or other state law on a
 11-4    physician or other professional.
 11-5          SECTION 2. (a)  The Health and Human Services Commission
 11-6    shall conduct a study regarding:
 11-7                (1)  the feasibility of bifurcating the reimbursement
 11-8    provided for permanency planning activities under Chapter 531,
 11-9    Government Code, from the reimbursement provided to an institution
11-10    in which a child resides for the care of that child; and
11-11                (2)  alternate mechanisms for providing reimbursement
11-12    for permanency planning activities that will enhance those
11-13    activities.
11-14          (b)  Based on the results of the study conducted under this
11-15    section, the commission by rule shall modify the method of
11-16    reimbursement provided for permanency planning activities to
11-17    incorporate modifications determined to be effective in enhancing
11-18    those activities.
11-19          SECTION 3. Subchapter O, Chapter 242, Health and Safety Code,
11-20    as added by Chapter 913, Acts of the 75th Legislature, Regular
11-21    Session, 1997, is repealed.
11-22          SECTION 4. If before implementing any provision of this Act a
11-23    state agency determines that a waiver or authorization from a
11-24    federal agency is necessary for implementation of that provision,
11-25    the agency affected by the provision shall request the waiver or
11-26    authorization and may delay implementing that provision until the
11-27    waiver or authorization is granted.
 12-1          SECTION 5. This Act takes effect September 1, 2001.