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A BILL TO BE ENTITLED
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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) uniform behavioral health screening for |
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children; |
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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; and |
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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; |
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(3) identify outcome measures that may be used to |
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measure the efficiency of coordination; and |
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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. |
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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) This section expires September 1, 2011. |
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SECTION 2. This Act takes effect September 1, 2009. |