SRC-VRA, TAG S.B. 48 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 48
78R998 KEG-DBy: Zaffirini
Health and Human Services
4/9/2003
As Filed


DIGEST AND PURPOSE 

Currently, the staff at intermediate care facilities for the mentally
retarded (ICFMRs) retain the responsibility for conducting permanency
planning activities for children residing in those institutions.
Additionally, case managers and permanency planners at most Mental
Retardation Authorities (MRAs) are actively involved in permanency
planning for children in nursing facilities through subcontracts with the
Texas Department of Human Services.  As proposed, S.B. 48 separates the
responsibility and authority for permanency planning for children with
disabilities from the institutions in which they reside. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Section 531.153, Government Code, by amending
Subsection (d) and adding Subsection (d-1) and (d-2), as follows: 

 (d)  Requires the Texas Department of Mental Health and Mental Retardation
(MHMR) and  Texas Department of Human Services (DHS), while implementing
permanency planning procedures for children in state institutions to
develop a permanency plan for each child, rather than authorizing the
MHMR, DHS, and the Department of Protective and Regulatory ( DPRS) to do
so. 
  
(d-1)  Requires a contract or memorandum of understanding under
Subsection (d) to include performance measures by which the DHS and  MHMR
may evaluate the effectiveness of a local mental retardation authority's
or private entity's permanency planning efforts. 

(d-2)  Requires DHS, MHMR, and DPRS, in implementing permanency planning
procedures to develop a permanency plan for each child to engage in
appropriate activities to minimize potential conflicts of interest between
the best interest of the child and the institution in which the child
resides and or in which institutional care is sought for the child.  

  - Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Chapter 531D, Government Code, as added by Chapter 241,
Acts of the 75th Legislature, Regular Session, 1997, by adding Section
531.1531 as follows: 

Section 531.1531.  ASSISTANCE WITH PERMANENCY PLANNING EFFORTS. Requires
an institution in which a child resides to assist with providing effective
permanency planning for the child. 
   
SECTION 3.  Amends Section 531.161, Government Code, to require each
institution in which a child resides to add a local mental retardation
authority or private entity that enters into a contract  to develop a
permanency for the child to the list of entities which may have access to
the child's records.  Makes conforming and nonsubstantive changes.  

SECTION 4.  Authorizes a state agency to delay implementing a provision of
this Act until a requested federal waiver or authorization necessary to
implement that provision is granted. 

SECTION 5.  (a)  Effective Date: September 1, 2003. 

(b)  Makes application the change in law made by this Act to Section
531.153, Government Code, prospective.