78R3250 KEG-D

By:  Zaffirini                                                    S.B. No. 1246


A BILL TO BE ENTITLED
AN ACT
relating to the initial placement of certain children in institutions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 531.162, Government Code, is amended to read as follows: Sec. 531.162. PERMANENCY REPORTING. (a) For each of the local permanency planning sites, the commission shall develop a reporting system under which each appropriate health and human services agency responsible for permanency planning under this subchapter is required to provide to the commission semiannually: (1) the number of permanency plans developed by the agency for children residing in institutions or children at risk of being placed in institutions; (2) progress achieved in implementing permanency plans; (3) the number of children served by the agency residing in institutions; (4) the number of children served by the agency at risk of being placed in an institution served by the local permanency planning sites; (5) the number of children served by the agency reunited with their families or placed with alternate permanent families; [and] (6) cost data related to the development and implementation of permanency plans; and (7) information on each child initially placed in an institution during the reporting period, including: (A) the reason for the child's placement in the institution; (B) a description of efforts made to locate community-based services to prevent the institutional placement of the child; (C) a list of the barriers that impeded a family–based alternative placement for the child; and (D) a list of community-based services that, because of their unavailability, contributed to the institutional placement of the child. (b) The commissioner shall submit a semiannual report to the governor and the committees of each house of the legislature that have primary oversight jurisdiction over health and human services agencies regarding: (1) the number of children residing in institutions in this state and, of those children, the number for whom a recommendation has been made for a transition to a community-based residence but who have not yet made that transition; (2) the circumstances of each child described by Subdivision (1), including the type of institution and name of the institution in which the child resides, the child's age, the residence of the child's parents or guardians, and the length of time in which the child has resided in the institution; (3) the number of permanency plans developed for children residing in institutions in this state, the progress achieved in implementing those plans, and barriers to implementing those plans; (4) the number of children who previously resided in an institution in this state and have made the transition to a community-based residence; (5) the number of children who previously resided in an institution in this state and have been reunited with their families or placed with alternate families; (6) the community supports that resulted in the successful placement of children described by Subdivision (5) with alternate families; [and] (7) the community supports that are unavailable but necessary to address the needs of children who continue to reside in an institution in this state after being recommended to make a transition from the institution to an alternate family or community-based residence; and (8) for each child initially placed in an institution during the period covered by the report, the information provided to the commission under Subsection (a)(7). SECTION 2. Subchapter D, Chapter 531, Government Code, is amended by adding Section 531.164 to read as follows: Sec. 531.164. PLAN ON LIMITING INITIAL PLACEMENTS OF CHILDREN IN INSTITUTIONS; ADVISORY COMMITTEE. (a) The commission, with the advice and assistance of an advisory committee appointed under this section, shall develop a plan to limit the initial placements of children in institutions based on factors such as developmental urgency and the child's medical needs. (b) Consistent with the policy stated in Section 531.152, the plan developed under this section must: (1) ensure that every effort is made to avoid placing children in institutions; (2) provide alternatives to the institutionalization of children; and (3) encourage the use of appropriate alternative placements of children. (c) The commissioner shall appoint an advisory committee to assist the commission in developing the plan under this section. The commissioner shall appoint as members of the committee: (1) one representative of the commission; (2) one representative of the Department of Protective and Regulatory Services; (3) one representative of the Texas Department of Health; (4) one representative of the Texas Department of Human Services; (5) one representative of the Texas Department of Mental Health and Mental Retardation; (6) one person with expertise in developmental pediatric medicine; (7) one person with expertise in developmental psychiatry or developmental psychology; (8) one representative of disability advocacy organizations; (9) one representative of parents of children who are physically or developmentally disabled or medically fragile; (10) one person who is a relative of a consumer of long–term care and health programs for children and who is a member of the Children's Policy Council; (11) one provider of institutional care for children; and (12) any other person with expertise in alternatives to institutionalizing children that the commissioner determines should be on the committee. (d) An appointment to fill a vacancy on the advisory committee must be made in the same manner as the original appointment. (e) The member of the advisory committee who is the representative of the commission serves as presiding officer. The members of the advisory committee shall elect any other necessary officers. (f) The advisory committee shall meet at the call of the commissioner. (g) A member of the advisory committee serves at the will of the commissioner. (h) The advisory committee is not subject to Chapter 2110. (i) A member of the advisory committee who is not a state employee is not entitled to compensation for serving on the committee or reimbursement of the travel expenses incurred by the member while conducting the business of the committee. (j) A member of the advisory committee who is a state employee and who serves on the committee in performing the member's duties as a state employee is not entitled to additional compensation for serving on the committee, but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the committee if the reimbursement is otherwise available to the member as a state employee. SECTION 3. (a) The commissioner of health and human services shall appoint the members of the advisory committee on limiting placements of children in institutions as required by Section 531.164, Government Code, as added by this Act, not later than December 1, 2003. (b) The commissioner of health and human services shall call the first meeting of the advisory committee on limiting placements of children in institutions established under Section 531.164, Government Code, as added by this Act, not later than January 1, 2004. SECTION 4. Section 531.162, Government Code, as amended by this Act, applies only to a child who is initially placed in an institution on or after the effective date of this Act. SECTION 5. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 6. This Act takes effect September 1, 2003.