By: Zaffirini S.B. No. 40
(In the Senate - Filed November 8, 2004; January 31, 2005,
read first time and referred to Committee on Health and Human
Services; March 29, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
March 29, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 40 By: Zaffirini
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 Aging and Disability [Human] Services shall[,
the Texas Department of Mental Health and Mental Retardation, 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;
(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) perform the department's duties regarding
permanency planning procedures using department personnel.
(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 a local mental retardation authority's or private
entity's permanency planning efforts.
(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-1, Chapter 531, Government Code, is
amended by adding Sections 531.1531 and 531.1532 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.
Sec. 531.1532. INTERFERENCE WITH PERMANENCY PLANNING
EFFORTS. An institution in which a child resides shall refrain from
providing the child's parent or guardian with inaccurate or
misleading information regarding the risks of moving the child to
another facility or community setting.
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. This Act takes effect September 1, 2005.
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