By Zaffirini S.B. No. 368
77R1700 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. Section 531.153, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 531.153. DEVELOPMENT OF PERMANENCY PLAN. (a) To
1-8 further the policy stated in Section 531.152, the commission and
1-9 each appropriate health and human services agency shall develop
1-10 procedures to ensure that a permanency plan is developed for each
1-11 child residing in an institution in this state on a temporary or
1-12 long-term basis or for whom institutional care is sought.
1-13 (b) In developing procedures under Subsection (a), the
1-14 commission and other appropriate health and human services agencies
1-15 shall develop to the extent possible uniform procedures that
1-16 promote efficiency for the agencies and stability for each child
1-17 who is the subject of a permanency plan.
1-18 SECTION 2. Section 242.043(a), Health and Safety Code, is
1-19 amended to read as follows:
1-20 (a) The department or the department's representative may
1-21 make any inspection, survey, or investigation that it considers
1-22 necessary and may enter the premises of an institution at
1-23 reasonable times to make an inspection, survey, or investigation in
1-24 accordance with board rules. In each inspection, survey, or
2-1 investigation of a nursing home in which a child with a
2-2 developmental disability resides, the department shall determine
2-3 the extent to which the nursing home is complying with the
2-4 permanency planning requirements under Subchapter P.
2-5 SECTION 3. The heading to Subchapter O, Chapter 242, Health
2-6 and Safety Code, as added by Chapter 913, Acts of the 75th
2-7 Legislature, Regular Session, 1997, is amended to read as follows:
2-8 SUBCHAPTER P [O]. PLACEMENT OF CERTAIN CHILDREN IN INSTITUTION
2-9 SECTION 4. Subchapter O, Chapter 242, Health and Safety Code,
2-10 as added by Chapter 913, Acts of the 75th Legislature, Regular
2-11 Session, 1997, and relettered as Subchapter P by this Act, is
2-12 amended by amending Section 242.804 and adding Sections 242.805,
2-13 242.806, and 242.807 to read as follows:
2-14 Sec. 242.804. PERMANENCY PLAN. (a) A community resource
2-15 coordination group shall establish a permanency plan for each child
2-16 with a developmental disability who is placed in an institution,
2-17 including a nursing facility licensed under this chapter.
2-18 (b) The community resource coordination group shall ensure
2-19 that the following are involved in developing the permanency plan
2-20 for the child:
2-21 (1) the state agency that requested the child's
2-22 placement in the institution or, if the person that requested the
2-23 placement is not a state agency, the department;
2-24 (2) the child's parent or guardian, if the institution
2-25 in which the child resides can locate a parent or guardian; and
2-26 (3) a person designated by the department under
2-27 Section 242.805 to serve as an advocate for the child, if the
3-1 department designates an advocate.
3-2 (c) In developing a permanency plan for a child, the
3-3 community resource coordination group shall ensure that the
3-4 parental rights of the child's parent are appropriately protected.
3-5 Sec. 242.805. DESIGNATION OF ADVOCATE. (a) The department
3-6 shall designate a person to serve as an advocate for a child
3-7 residing in an institution to assist in developing a permanency
3-8 plan for the child if:
3-9 (1) the child's parent or guardian requests the
3-10 assistance of an advocate; or
3-11 (2) the institution in which the child is placed
3-12 cannot locate the child's parent or guardian.
3-13 (b) The person designated by the department to serve as the
3-14 child's advocate under this section may be:
3-15 (1) a person selected by the child's parent or
3-16 guardian;
3-17 (2) an adult relative of the child; or
3-18 (3) a representative of a child advocacy group.
3-19 Sec. 242.806. COMMUNITY-BASED SERVICES. (a) The department
3-20 shall ensure that, not later than 24 hours after a child is
3-21 initially placed in an institution, the child is placed on a
3-22 waiting list for waiver program services under Section 1915(c) of
3-23 the federal Social Security Act appropriate to the child's needs.
3-24 (b) The parent or guardian of a child placed on a waiting
3-25 list under Subsection (a) shall determine whether to accept waiver
3-26 program services under Section 1915(c) of the federal Social
3-27 Security Act for the child when those services are available.
4-1 Sec. 242.807. EFFECT ON OTHER LAW. This subchapter does not
4-2 affect responsibilities imposed by federal or other state law on a
4-3 physician or other professional.
4-4 SECTION 5. If before implementing any provision of this Act a
4-5 state agency determines that a waiver or authorization from a
4-6 federal agency is necessary for implementation of that provision,
4-7 the agency affected by the provision shall request the waiver or
4-8 authorization and may delay implementing that provision until the
4-9 waiver or authorization is granted.
4-10 SECTION 6. This Act takes effect September 1, 2001.