By: Zaffirini, Moncrief S.B. No. 368
Bernsen
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 with a developmental
1-11 disability who is younger than 22 years of 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 including a residential service provider under a Medicaid waiver
1-21 program authorized under Section 1915(c) of the federal Social
1-22 Security Act (42 U.S.C. Section 1396n), as amended, that provides
1-23 services at a residence other than the child's home or foster home;
1-24 (C) a foster group home or an agency foster
1-25 group home as defined by Section 42.002, Human Resources Code;
2-1 (D) a nursing facility;
2-2 (E) an institution for the mentally retarded
2-3 [(C) a residential facility] licensed by the Department of
2-4 Protective and Regulatory Services; or
2-5 (F) [(D)] another residential arrangement other
2-6 than a foster home as defined by Section 42.002, Human Resources
2-7 Code, that provides care to four or more children who are unrelated
2-8 to each other.
2-9 (4) [(2)] "Permanency planning" means a philosophy and
2-10 planning process that focuses on the outcome of family support by
2-11 facilitating a permanent living arrangement with the primary
2-12 feature of an enduring and nurturing parental relationship.
2-13 Sec. 531.152. POLICY STATEMENT. It is the policy of the
2-14 state to strive to ensure that the basic needs for safety,
2-15 security, and stability are met for each child in Texas. A
2-16 successful family is the most efficient and effective way to meet
2-17 those needs. The state and local communities must work together to
2-18 provide encouragement and support for well-functioning families and
2-19 ensure that each child receives the benefits of being a part of a
2-20 successful permanent family as soon as possible.
2-21 Sec. 531.153. DEVELOPMENT OF PERMANENCY PLAN. (a) To
2-22 further the policy stated in Section 531.152 and except as provided
2-23 by Subsection (b), the commission and each appropriate health and
2-24 human services agency shall develop procedures to ensure that a
2-25 permanency plan is developed for each child who resides [residing]
2-26 in an institution in this state on a temporary or long-term basis
3-1 or with respect to [for] whom the commission or appropriate health
3-2 and human services agency is notified in advance that institutional
3-3 care is sought.
3-4 (b) The Department of Protective and Regulatory Services
3-5 shall develop a permanency plan as required by this subchapter for
3-6 each child who resides in an institution in this state for whom the
3-7 department has been appointed permanent managing conservator. The
3-8 department is not required to develop a permanency plan under this
3-9 subchapter for a child for whom the department has been appointed
3-10 temporary managing conservator, but may incorporate the
3-11 requirements of this subchapter in a permanency plan developed for
3-12 the child under Section 263.3025, Family Code.
3-13 (c) In developing procedures under Subsection (a), the
3-14 commission and other appropriate health and human services agencies
3-15 shall develop to the extent possible uniform procedures applicable
3-16 to each of the agencies and each child who is the subject of a
3-17 permanency plan that promote efficiency for the agencies and
3-18 stability for each child.
3-19 (d) In implementing permanency planning procedures under
3-20 Subsection (a) to develop a permanency plan for each child, the
3-21 Texas Department of Human Services, the Texas Department of Mental
3-22 Health and Mental Retardation, and the Department of Protective and
3-23 Regulatory Services may:
3-24 (1) delegate each department's duty to develop a
3-25 permanency plan to a local mental retardation authority, as defined
3-26 by Section 531.002, Health and Safety Code, or enter into a
4-1 memorandum of understanding with the local mental retardation
4-2 authority to develop the permanency plan for each child who resides
4-3 in an institution in this state or with respect to whom the
4-4 department is notified in advance that institutional care is
4-5 sought;
4-6 (2) contract with a private entity, other than an
4-7 entity that provides mental retardation services to a child who
4-8 resides in an institution in this state or with respect to whom the
4-9 department is notified in advance that institutional care is
4-10 sought, to develop a permanency plan for that child; or
4-11 (3) engage in other appropriate activities to minimize
4-12 the potential conflicts of interest that, in developing the plan,
4-13 may exist or arise between:
4-14 (A) the child's mental retardation services
4-15 provider, if applicable; and
4-16 (B) the best interest of the child.
4-17 (e) The Texas Department of Human Services, the Texas
4-18 Department of Mental Health and Mental Retardation, and the
4-19 Department of Protective and Regulatory Services may solicit and
4-20 accept gifts, grants, and donations to support the development of
4-21 permanency plans for children residing in institutions by
4-22 individuals or organizations not employed by or affiliated with
4-23 those institutions.
4-24 (f) A health and human services agency that contracts with a
4-25 private entity under Subsection (d) to develop a permanency plan
4-26 shall ensure that the entity is provided training regarding the
5-1 permanency planning philosophy under Section 531.151 and available
5-2 resources that will assist a child residing in an institution in
5-3 making a successful transition to a community-based residence.
5-4 Sec. 531.154. NOTIFICATION REQUIRED. (a) Not later than
5-5 the third day after the date a child is initially placed in an
5-6 institution, the institution shall notify:
5-7 (1) the Texas Department of Human Services, if the
5-8 child is placed in a nursing home;
5-9 (2) the local mental retardation authority, as defined
5-10 by Section 531.002, Health and Safety Code, where the institution
5-11 is located, if the child:
5-12 (A) is placed in an ICF-MR, as defined by
5-13 Section 531.002, Health and Safety Code; or
5-14 (B) is placed by a state or local child
5-15 protective services agency in an institution for the mentally
5-16 retarded licensed by the Department of Protective and Regulatory
5-17 Services;
5-18 (3) the community resource coordination group in the
5-19 county of residence of a parent or guardian of the child;
5-20 (4) if the child is at least three years of age, the
5-21 school district for the area in which the institution is located;
5-22 and
5-23 (5) if the child is less than three years of age, the
5-24 local early intervention program for the area in which the
5-25 institution is located.
5-26 (b) The Texas Department of Human Services shall notify the
6-1 local mental retardation authority, as defined by Section 531.002,
6-2 Health and Safety Code, of a child's placement in a nursing home if
6-3 the child is known or suspected to suffer from mental retardation
6-4 or another disability for which the child may receive services
6-5 through the Texas Department of Mental Health and Mental
6-6 Retardation.
6-7 Sec. 531.155. OFFER OF SERVICES. Each entity receiving
6-8 notice of the initial placement of a child in an institution under
6-9 Section 531.154 may contact the child's parent or guardian to
6-10 ensure that the parent or guardian is aware of:
6-11 (1) services and support that could provide
6-12 alternatives to placement of the child in the institution;
6-13 (2) available placement options; and
6-14 (3) opportunities for permanency planning.
6-15 Sec. 531.156. DESIGNATION OF ADVOCATE. (a) Except as
6-16 provided by Subsection (b), the Texas Department of Human Services
6-17 shall designate a person, including a member of a community-based
6-18 organization, to serve as a volunteer advocate for a child residing
6-19 in an institution to assist in developing a permanency plan for the
6-20 child if:
6-21 (1) the child's parent or guardian requests the
6-22 assistance of an advocate; or
6-23 (2) the institution in which the child is placed
6-24 cannot locate the child's parent or guardian.
6-25 (b) The Texas Department of Mental Health and Mental
6-26 Retardation shall designate the person to serve as a volunteer
7-1 advocate for a child in accordance with Subsection (a) if the child
7-2 resides in an institution operated by the department.
7-3 (c) The person designated by the Texas Department of Human
7-4 Services or the Texas Department of Mental Health and Mental
7-5 Retardation to serve as the child's volunteer advocate under this
7-6 section may be:
7-7 (1) a person selected by the child's parent or
7-8 guardian, except that the person may not be employed by or under a
7-9 contract with the institution in which the child resides;
7-10 (2) an adult relative of the child; or
7-11 (3) a representative of a child advocacy group.
7-12 (d) The Texas Department of Human Services or the Texas
7-13 Department of Mental Health and Mental Retardation, as appropriate,
7-14 shall provide to each person designated to serve as a child's
7-15 volunteer advocate information regarding permanency planning under
7-16 this subchapter.
7-17 Sec. 531.157. COMMUNITY-BASED SERVICES. A state agency that
7-18 receives notice of a child's placement in an institution shall
7-19 ensure that, on or before the third day after the date the agency
7-20 is notified of the child's placement in the institution, the child
7-21 is also placed on a waiting list for waiver program services under
7-22 Section 1915(c) of the federal Social Security Act (42 U.S.C.
7-23 Section 1396n), as amended, appropriate to the child's needs.
7-24 Sec. 531.158. LOCAL PERMANENCY PLANNING SITES. The
7-25 commission shall develop an implementation system that consists
7-26 initially of four or more local sites and that is designed to
8-1 coordinate planning for a permanent living arrangement and
8-2 relationship for a child with a family. In developing the system,
8-3 the commission shall:
8-4 (1) include criteria to identify children who need
8-5 permanency plans;
8-6 (2) require the establishment of a permanency plan for
8-7 each child who lives outside the child's family or for whom care or
8-8 protection is sought in an institution;
8-9 (3) include a process to determine the agency or
8-10 entity responsible for developing and overseeing implementation of
8-11 a child's permanency plan;
8-12 (4) identify, blend, and use funds from all available
8-13 sources to provide customized services and programs to implement a
8-14 child's permanency plan;
8-15 (5) clarify and expand the role of a local community
8-16 resource coordination group in ensuring accountability for a child
8-17 who resides in an institution or who is at risk of being placed in
8-18 an institution;
8-19 (6) require reporting of each placement or potential
8-20 placement of a child in an institution or other living arrangement
8-21 outside of the child's home; and
8-22 (7) assign in each local permanency planning site area
8-23 a single gatekeeper for all children in the area for whom placement
8-24 in an institution through a program funded by the state is sought
8-25 with authority to ensure that:
8-26 (A) family members of each child are aware of:
9-1 (i) intensive services that could prevent
9-2 placement of the child in an institution; and
9-3 (ii) available placement options; and
9-4 (B) permanency planning is initiated for each
9-5 child.
9-6 Sec. 531.159. MONITORING OF PERMANENCY PLANNING EFFORTS.
9-7 (a) The commission and each appropriate health and human services
9-8 agency shall require a person who develops a permanency plan for a
9-9 child residing in an institution to identify and document in the
9-10 child's permanency plan all ongoing permanency planning efforts at
9-11 least semiannually to ensure that, as soon as possible, the child
9-12 will benefit from a permanent living arrangement with an enduring
9-13 and nurturing parental relationship.
9-14 (b) The chief executive officer of each appropriate health
9-15 and human services agency or the officer's designee must approve
9-16 the placement of a child in an institution. The initial placement
9-17 of the child in the institution is temporary and may not exceed six
9-18 months unless the appropriate chief executive officer or the
9-19 officer's designee approves an extension of an additional six
9-20 months after conducting a review of documented permanency planning
9-21 efforts to unite the child with a family in a permanent living
9-22 arrangement. After the initial six-month extension of a child's
9-23 placement in an institution approved under this subsection, the
9-24 chief executive officer or the officer's designee shall conduct a
9-25 review of the child's placement in the institution at least
9-26 semiannually to determine whether a continuation of that placement
10-1 is warranted. If, based on the review, the chief executive officer
10-2 or the officer's designee determines that an additional extension
10-3 is warranted, the officer or the officer's designee shall recommend
10-4 to the commissioner that the child continue residing in the
10-5 institution.
10-6 (c) On receipt of a recommendation made under Subsection (b)
10-7 for an extension of a child's placement, the commissioner, the
10-8 commissioner's designee, or another person with whom the commission
10-9 contracts shall conduct a review of the child's placement. Based
10-10 on the results of the review, the commissioner or the
10-11 commissioner's designee may approve a six-month extension of the
10-12 child's placement if the extension is appropriate.
10-13 (d) The child may continue residing in the institution after
10-14 the six-month extension approved under Subsection (c) only if the
10-15 chief executive officer of the appropriate health and human
10-16 services agency or the officer's designee makes subsequent
10-17 recommendations as provided by Subsection (b) for each additional
10-18 six-month extension and the commissioner or the commissioner's
10-19 designee approves each extension as provided by Subsection (c).
10-20 (e) The commissioner or the commissioner's designee shall
10-21 conduct a semiannual review of data received from health and human
10-22 services agencies regarding all children who reside in institutions
10-23 in this state. The commissioner, the commissioner's designee, or a
10-24 person with whom the commission contracts shall also review the
10-25 recommendations of the chief executive officers of each appropriate
10-26 health and human services agency or the officer's designee if the
11-1 officer or the officer's designee repeatedly recommends that
11-2 children continue residing in an institution.
11-3 (f) The commission by rule shall develop procedures by which
11-4 to conduct the reviews required by Subsections (c), (d), and (e).
11-5 In developing the procedures, the commission shall seek input from
11-6 the work group on children's long-term care and health programs
11-7 established under Section 22.035, Human Resources Code.
11-8 Sec. 531.160. INSPECTIONS. As part of each inspection,
11-9 survey, or investigation of an institution, including a nursing
11-10 home, institution for the mentally retarded licensed by the
11-11 Department of Protective and Regulatory Services, or ICF-MR, as
11-12 defined by Section 531.002, Health and Safety Code, in which a
11-13 child resides, the agency or the agency's designee shall determine
11-14 the extent to which the nursing home, institution, or ICF-MR is
11-15 complying with the permanency planning requirements under this
11-16 subchapter.
11-17 Sec. 531.161. ACCESS TO RECORDS. Each institution in which
11-18 a child resides shall allow the commission and appropriate health
11-19 and human services agencies access to the child's records to assist
11-20 the commission or agency in complying with the requirements of this
11-21 subchapter.
11-22 Sec. 531.162 [531.155]. PERMANENCY REPORTING. (a) For each
11-23 of the local permanency planning sites, the commission shall
11-24 develop a reporting system under which each appropriate health and
11-25 human services agency responsible for permanency planning under
11-26 this subchapter is required to provide to the commission
12-1 semiannually:
12-2 (1) the number of permanency plans developed by the
12-3 agency for children residing in institutions or children at risk of
12-4 being placed in institutions;
12-5 (2) progress achieved in implementing permanency
12-6 plans;
12-7 (3) the number of children served by the agency
12-8 residing in institutions;
12-9 (4) the number of children served by the agency at
12-10 risk of being placed in an institution served by the local
12-11 permanency planning sites;
12-12 (5) the number of children served by the agency
12-13 reunited with their families or placed with alternate permanent
12-14 families; and
12-15 (6) cost data related to the development and
12-16 implementation of permanency plans.
12-17 (b) The commissioner shall submit a semiannual report to the
12-18 governor and the committees of each house of the legislature that
12-19 have primary oversight jurisdiction over health and human services
12-20 agencies regarding:
12-21 (1) the number of children residing in institutions in
12-22 this state and, of those children, the number for whom a
12-23 recommendation has been made for a transition to a community-based
12-24 residence but who have not yet made that transition;
12-25 (2) the circumstances of each child described by
12-26 Subdivision (1), including the type of institution and name of the
13-1 institution in which the child resides, the child's age, the
13-2 residence of the child's parents or guardians, and the length of
13-3 time in which the child has resided in the institution;
13-4 (3) the number of permanency plans developed for
13-5 children residing in institutions in this state, the progress
13-6 achieved in implementing those plans, and barriers to implementing
13-7 those plans;
13-8 (4) the number of children who previously resided in
13-9 an institution in this state and have made the transition to a
13-10 community-based residence;
13-11 (5) the number of children who previously resided in
13-12 an institution in this state and have been reunited with their
13-13 families or placed with alternate families;
13-14 (6) the community supports that resulted in the
13-15 successful placement of children described by Subdivision (5) with
13-16 alternate families; and
13-17 (7) the community supports that are unavailable but
13-18 necessary to address the needs of children who continue to reside
13-19 in an institution in this state after being recommended to make a
13-20 transition from the institution to an alternate family or
13-21 community-based residence.
13-22 Sec. 531.163. EFFECT ON OTHER LAW. This subchapter does not
13-23 affect responsibilities imposed by federal or other state law on a
13-24 physician or other professional.
13-25 SECTION 2. (a) The Health and Human Services Commission
13-26 shall conduct a study regarding:
14-1 (1) the feasibility of bifurcating the reimbursement
14-2 provided for permanency planning activities under Chapter 531,
14-3 Government Code, from the reimbursement provided to an institution
14-4 in which a child resides for the care of that child; and
14-5 (2) alternate mechanisms for providing reimbursement
14-6 for permanency planning activities that will enhance those
14-7 activities.
14-8 (b) Based on the results of the study conducted under this
14-9 section, the Health and Human Services Commission by rule shall
14-10 modify the method of reimbursement provided for permanency planning
14-11 activities to incorporate modifications determined to be effective
14-12 in enhancing those activities.
14-13 SECTION 3. Subchapter O, Chapter 242, Health and Safety
14-14 Code, as added by Chapter 913, Acts of the 75th Legislature,
14-15 Regular Session, 1997, is repealed.
14-16 SECTION 4. Notwithstanding Section 6 of this Act, the
14-17 commissioner of health and human services and each appropriate
14-18 health and human services agency, as defined by Section 531.001,
14-19 Government Code, shall begin conducting the reviews required by
14-20 Section 531.159, Government Code, as added by this Act, not later
14-21 than March 1, 2002.
14-22 SECTION 5. If before implementing any provision of this Act
14-23 a state agency determines that a waiver or authorization from a
14-24 federal agency is necessary for implementation of that provision,
14-25 the agency affected by the provision shall request the waiver or
14-26 authorization and may delay implementing that provision until the
15-1 waiver or authorization is granted.
15-2 SECTION 6. This Act takes effect September 1, 2001.