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A BILL TO BE ENTITLED
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AN ACT
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relating to continuity of care services for youth with mental |
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illness or mental retardation who are discharged or paroled from |
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the Texas Youth Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.077, Human Resources Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) If a child who is mentally ill or mentally retarded is |
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discharged from the commission under Subsection (b), the child is |
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eligible to receive continuity of care services from the Texas |
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Correctional Office on Offenders with Medical or Mental Impairments |
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under Chapter 614, Health and Safety Code. |
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SECTION 2. Section 61.0772, Human Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Before a child who is identified as mentally ill or |
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mentally retarded is discharged from the commission under Section |
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61.077(b), the commission shall refer the child to the Texas |
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Correctional Office on Offenders with Medical or Mental Impairments |
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for continuity of care services under Chapter 614, Health and |
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Safety Code, regardless of whether the child is receiving mental |
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health services or mental retardation services. |
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SECTION 3. Section 614.019, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 614.019. PROGRAMS FOR JUVENILES. (a) The office, in |
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cooperation with the Texas Commission on Alcohol and Drug Abuse, |
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the Texas Department of Mental Health and Mental Retardation, the |
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Department of Protective and Regulatory Services, the Texas |
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Juvenile Probation Commission, the Texas Youth Commission, and the |
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Texas Education Agency, may establish and maintain programs, |
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building on existing successful efforts in communities, to address |
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prevention, intervention, and continuity of care for juveniles with |
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mental health and substance abuse disorders. |
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(b) A child with mental illness who is receiving continuity |
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of care services during parole from the Texas Youth Commission and |
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who is no longer eligible to receive services from a local mental |
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health authority when the child becomes 17 years of age because the |
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child does not meet the requirements of a local service area plan |
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under Section 533.0352(a) may continue to receive continuity of |
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care services from the office until the child completes the child's |
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parole. |
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(c) A child with mental illness or mental retardation who is |
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discharged from the Texas Youth Commission under Section 61.077, |
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Human Resources Code, may receive continuity of care services from |
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the office for a minimum of 90 days after discharge from the |
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commission and for as long as necessary for the child to demonstrate |
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sufficient stability to transition successfully to mental health or |
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mental retardation services provided by a local mental health or |
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mental retardation authority. |
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SECTION 4. The change in law made by this Act applies to a |
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child who is discharged or paroled from the Texas Youth Commission |
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on or after the effective date of this Act, regardless of when the |
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child was committed to the commission. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |