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AN ACT
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relating to establishing a local behavioral health intervention |
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pilot project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Department of State Health Services |
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shall establish a local behavioral health intervention pilot |
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project for children in Bexar County. |
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(b) In implementing the pilot project, the department shall |
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require a local mental health authority serving Bexar County to: |
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(1) enter into a memorandum of understanding or other |
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agreement with state and local agencies that work directly with |
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children, including the Department of State Health Services, the |
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Department of Family and Protective Services, the Texas Youth |
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Commission, and the Texas Education Agency, to: |
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(A) permit collaboration in the provision of |
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uniform early intervention behavioral health services to children; |
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(B) identify children, with written consent from |
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parents or guardians, who are at risk of placement in an alternative |
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setting for behavior management, in accordance with behavioral |
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standards established by the Texas Education Agency and local |
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school district policy, or intervention by the juvenile justice or |
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child protective services systems; and |
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(C) with written consent from parents or |
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guardians, divert children identified under Paragraph (B) to a |
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system of care services to reduce gaps or inefficiencies in the |
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provision of care; |
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(2) develop, in collaboration with the state and local |
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agencies, a best practices plan regarding: |
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(A) informed consent and confidentiality |
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practices; |
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(B) a consent form: |
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(i) by which parents may give or refuse |
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consent to share information with a specific agency or provider |
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that collaborates in the provision of treatment or service to a |
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child; |
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(ii) that informs a parent that the parent |
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has the right to withhold consent and may withdraw consent at any |
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time; and |
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(iii) that informs the parent of the type of |
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information that an agency or provider may share if the parent |
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consents; |
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(C) uniform referral processes between systems |
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and agencies related to behavioral health services; |
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(D) the delivery of early intervention and |
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treatment services; |
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(E) an information exchange process between |
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agencies to facilitate faster identification and assessment of |
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behavioral health problems and integrate service delivery; and |
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(F) an information exchange process between each |
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parent of a child participating in the pilot project and the |
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agencies and providers involved in the project to assist the parent |
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in remaining informed regarding the evaluations performed in |
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relation to the child and any conclusions or recommended treatment |
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options resulting from those evaluations or decisions that need to |
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be made by the parent as a result of an evaluation; |
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(3) identify outcome measures that may be used to |
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measure the efficiency of coordination; |
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(4) ensure that an extensive listing of providers is |
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available for children and their families, including information |
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regarding the services offered and the behavioral health issues |
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addressed by the provider; and |
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(5) ensure that parents, agencies, and providers |
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participating in the pilot project are informed that a parent or |
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child may not be penalized for refusing to consent to the |
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information sharing or services under the pilot project. |
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(c) In order to facilitate the pilot project and identify |
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children in accordance with Subsection (b)(1)(B), a local mental |
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health authority serving Bexar County, the Department of State |
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Health Services, the Department of Family and Protective Services, |
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the Texas Youth Commission, the Texas Education Agency, and local |
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school districts may, with the consent of the child's parents or |
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guardians: |
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(1) disclose information relating to a child, |
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including information concerning the child's identity, needs, |
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treatment, social, criminal, and educational history, probation or |
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supervision status and compliance with the conditions of the |
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child's probation or supervision, and medical or mental health |
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history, if the disclosure serves a purpose of the pilot project; |
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(2) accept information relating to a child that serves |
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a purpose of the pilot project, regardless of whether other state |
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law makes that information confidential; and |
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(3) before sharing information under this section, |
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enter into a memorandum of understanding with another local or |
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state governmental entity to specify: |
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(A) the types of information that may be |
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exchanged among agencies under this section without violating any |
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applicable provisions of federal law, including any federal funding |
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requirements; and |
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(B) the protocols for information sharing, |
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including methods for ensuring the continued protection of |
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confidential information by the recipient of the information. |
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(d) This section does not affect the confidential status of |
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the information being shared. |
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(e) The department may use funds for crisis prevention |
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programs in collaboration with funds from local authorities, |
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including school districts and criminal justice agencies, to |
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implement the pilot project. |
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(f) Not later than December 1, 2010, the local mental health |
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authority involved in the pilot project shall submit a report to the |
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department regarding the local behavioral health intervention |
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pilot project, including: |
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(1) a comprehensive analysis of the efficacy of the |
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project; and |
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(2) the local authority's findings and |
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recommendations. |
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(g) In implementing the pilot project, the Department of |
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State Health Services shall ensure that a parent of a child involved |
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in the project is provided with reasonable, standardized complaint |
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procedures for making complaints regarding the pilot project or an |
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agency or provider involved in the pilot project. |
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(h) The Department of State Health Services shall ensure |
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that the pilot project: |
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(1) is operated without regard to the race, color, |
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disability, sex, age, national origin, or religion of the |
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individuals involved in the pilot project; and |
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(2) does not disproportionately target or negatively |
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impact minorities. |
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(i) This section does not authorize the implementation of |
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school-based mental health screening. |
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(j) This Act expires September 1, 2011. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1232 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1232 on May 21, 2009, by the following vote: Yeas 138, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1232 was passed by the Senate, with |
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amendments, on May 18, 2009, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |