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By:  Zaffirini                                                    S.B. No. 40 


A BILL TO BE ENTITLED

AN ACT

relating to permanency planning procedures for children residing in 
state institutions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 531.153, Government Code, is amended by 
amending Subsection (d) and adding Subsections (d-1) and (d-2) to 
read as follows:
	(d)  In implementing permanency planning procedures under 
Subsection (a) to develop a permanency plan for each child, the 
[Texas Department of Human Services,] the [Texas] Department of 
Aging and Disability Services [Mental Health and Mental 
Retardation] shall[, and the Department of Protective and 
Regulatory Services may]:
		(1)  delegate the [each] department's duty to develop a 
permanency plan to a local mental retardation authority, as defined 
by Section 531.002, Health and Safety Code, or enter into a 
memorandum of understanding with the local mental retardation 
authority to develop the permanency plan for each child who resides 
in an institution in this state or with respect to whom the 
department is notified in advance that institutional care is 
sought; or
		(2)  contract with a private entity, other than an 
entity that provides long-term institutional care, [mental 
retardation services] to develop a permanency plan for a child who 
resides in an institution in this state or with respect to whom the 
department is notified in advance that institutional care is 
sought; or
		(3)  delegate the department's duty to agency staff.                   
	(d-1)  A contract or memorandum of understanding under 
Subsection (d) must include performance measures by which the 
Department of Aging and Disability Services may evaluate the 
effectiveness of the permanency planning efforts of the local 
mental retardation authority, private entity, or agency staff.
	(d-2)  In implementing permanency planning procedures under 
Subsection (a) to develop a permanency plan for each child, the 
Department of Aging and Disability Services shall[, to develop a 
permanency plan for that child; or
		[(3)]  engage in [other] appropriate activities in 
addition to those required by Subsection (d) to minimize the 
potential conflicts of interest that, in developing the plan, may 
exist or arise between:
		(1) [(A)]  the institution in which the child resides 
or in which institutional care is sought for the child [child's 
mental retardation services provider, if applicable]; and
		(2) [(B)]  the best interest of the child.            
	SECTION 2.  Subchapter D, Chapter 531, Government Code, as 
added by Chapter 241, Acts of the 75th Legislature, Regular 
Session, 1997, is amended by adding Section 531.1531 to read as 
follows:
	Sec. 531.1531.  ASSISTANCE WITH PERMANENCY PLANNING 
EFFORTS.  An institution in which a child resides shall assist with 
providing effective permanency planning for the child by:
		(1)  cooperating with the health and human services 
agency, local mental retardation authority, or private entity 
responsible for developing the child's permanency plan; and
		(2)  participating in meetings to review the child's 
permanency plan as requested by a health and human services agency, 
local mental retardation authority, or private entity responsible 
for developing the child's permanency plan.
		(3)  refraining from providing parents with 
misinformation regarding the risks of moving their children to a 
different facility.
	SECTION 3.  Section 531.161, Government Code, is amended to 
read as follows: 
	Sec. 531.161.  ACCESS TO RECORDS.  Each institution in which 
a child resides shall allow the following to have [commission and 
appropriate health and human services agencies] access to the 
child's records to assist [the commission or agency] in complying 
with the requirements of this subchapter:
		(1)  the commission;                                                   
		(2)  appropriate health and human services agencies; 
and             
		(3)  to the extent not otherwise prohibited by state or 
federal confidentiality laws, a local mental retardation authority 
or private entity that enters into a contract or memorandum of 
understanding under Section 531.153(d) to develop a permanency plan 
for the child.
	SECTION 4.  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 5.  The change in law made by this Act to Section 
531.153, Government Code, applies only to a permanency plan for a 
child for which development of the plan is begun on or after the 
effective date of this Act.  A permanency plan for a child for which 
development of the plan was begun before the effective date of this 
Act is governed by the law in effect on the date the development was 
begun, and the former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2005.