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A BILL TO BE ENTITLED
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AN ACT
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relating to the Children's Policy Council, including the transfer |
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of the duties and activities of the consortium that oversees the |
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Texas Integrated Funding Initiative to the Children's Policy |
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Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.035(a) through (g) and (i) through |
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(l), Human Resources Code, are amended to read as follows: |
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(a) A work group to be known as the Children's Policy |
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Council shall assist the Department of Aging and Disability |
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Services [department], the Health and Human Services Commission |
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[commissioner of health and human services], the [Texas] Department |
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of State Health Services, the [Texas] Department of Assistive and |
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Rehabilitative Services [Mental Health and Mental Retardation], |
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and the Department of Family and Protective [and Regulatory] |
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Services in developing, implementing, and administering family |
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support policies for children with disabilities relating to: |
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(1) [and related] long-term services and supports; |
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(2) health services; and |
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(3) mental [care and] health services [programs for
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children]. |
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(b) The executive commissioner of the Health and Human |
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Services Commission [health and human services] shall appoint the |
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members of the work group, which must include the following: |
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(1) an individual [a person] who is younger than 25 |
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[22] years of age and who receives [is a consumer of] long-term |
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services and supports or [care and] health services [programs] for |
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children with disabilities; |
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(2) an individual who is younger than 25 years of age |
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and who receives or has received mental health services; |
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(3) relatives of children with disabilities who: |
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(A) receive [consumers of] long-term services |
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and supports; |
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(B) receive health services for children with |
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disabilities; or |
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(C) receive or have received mental health |
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services [care and health programs for children]; |
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(4) [(3)] a representative from an organization that |
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is an advocate for children who receive [consumers of] long-term |
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services and supports or [care and] health services [programs] for |
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children with disabilities; |
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[(4)
a representative from a state agency that
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provides long-term care and health programs for children;] |
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(5) a representative from an organization that is an |
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advocate for children who need mental health services; |
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(6) an individual [a person] from a private entity |
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that provides long-term services and supports or [care and] health |
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services [programs] for children with disabilities; |
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(7) an individual from a private entity that provides |
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mental health services for children; |
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(8) an individual [(6) a person] from a public entity |
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that provides long-term services and supports or [care and] health |
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services [programs] for children with disabilities; |
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(9) an individual from a public entity that provides |
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mental health services for children; |
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(10) an individual [(7) a person] with expertise in |
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the availability of funding and the application of funding formulas |
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for children's long-term services and support, [care and] health |
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services for children with disabilities, or mental health services; |
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(11) an individual representing an organization that |
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assists families with transitioning children with disabilities |
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from institutions to families; |
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(12) [(8)] a representative from a faith-based |
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organization; |
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(13) [(9)] a representative from a nonspecialized |
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community services organization; and |
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(14) [(10)] a representative from a business that is |
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not related to providing services to persons with disabilities. |
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(c) A majority of the members of the work group must be |
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composed of the individuals described by Subsections (b)(1) and (2) |
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and the relatives of children with disabilities described by |
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Subsection (b)(3) [consumers of long-term care and health programs
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for children]. |
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(d) An individual [A person] may not be appointed as a |
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relative of a child with disabilities under Subsection (b)(3) |
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[consumer of long-term care and health programs for children] if |
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the individual [person]: |
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(1) is an employee of a state agency that provides |
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long-term services and supports, [care or] health services for |
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children with disabilities, or mental health services for children; |
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or |
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(2) contracts with a state agency described by |
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Subdivision (1) to provide long-term services and supports, [care
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or] health services for children with disabilities, or mental |
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health services. |
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(e) The Health and Human Services Commission [department
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and the Texas Department of Health] shall [equally] provide |
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administrative support, including staff, to the work group. |
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(f) A member of the work group serves at the will of the |
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executive commissioner of the Health and Human Services Commission |
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[health and human services]. |
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(g) The executive commissioner of the Health and Human |
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Services Commission [health and human services] shall appoint a |
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member of the work group to serve as a presiding officer. The |
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presiding officer must be an individual appointed as a relative of a |
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child with disabilities under Subsection (b)(3). |
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(i) A member of the work group receives no additional |
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compensation for serving on the work group. Individuals described |
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by Subsections (b)(1) and (2) [Consumers] and relatives of children |
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with disabilities described by Subsection (b)(3) [consumers] |
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serving on the work group shall be reimbursed for travel and other |
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expenses necessary for participation as provided in the General |
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Appropriations Act. Other members of the work group may not be |
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reimbursed for travel or other expenses incurred while conducting |
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the business of the work group. Reimbursement under this |
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subsection shall be paid equally out of funds appropriated to the |
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Department of Aging and Disability Services [department] and funds |
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appropriated to the [Texas] Department of State Health Services. |
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(j) The work group shall study and make recommendations in |
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the following areas: |
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(1) [access of a child or a child's family to effective
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case management services, including case management services with a
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single case manager, parent case managers, or independent case
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managers;
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[(2)] the transition needs of children who reach an |
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age at which they are no longer eligible for services at the [Texas
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Department of Health, the] Texas Education Agency[,] and other |
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applicable state agencies; |
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(2) [(3)] the blending of funds[, including case
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management funding,] for children needing long-term services and |
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supports, [care and] health services, and mental health services; |
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(3) [(4)] collaboration and coordination of |
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children's services between the Department of Aging and Disability |
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Services [department], the [Texas] Department of State Health |
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Services, the [Texas] Department of Assistive and Rehabilitative |
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Services, the Department of Family and Protective Services [Mental
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Health and Mental Retardation], and any other agency determined to |
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be applicable by the work group; |
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(4) [(5)] budgeting and the use of funds appropriated |
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for children's long-term [care] services and supports, [and
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children's] health services, and mental health services; |
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(5) [(6)] services and supports for families |
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providing care for children with disabilities; |
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(6) [(7)] effective permanency planning for children |
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who reside in institutions or who are at risk of placement in an |
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institution; |
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(7) barriers to accessing community services that lead |
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to the institutionalization of children with disabilities; |
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(8) barriers to enforcement of regulations regarding |
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institutions that serve children with disabilities; and |
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(9) the provision of services under the medical |
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assistance program to children younger than 22 [23] years of age |
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with disabilities or special health care needs under a waiver |
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granted under Section 1915(c) of the federal Social Security Act |
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(42 U.S.C. Section 1396n(c)). |
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(k) Not later than September 1 of each even-numbered year, |
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the work group shall report on its findings and recommendations to |
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the legislature and the executive commissioner of the Health and |
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Human Services Commission [health and human services]. |
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(l) After evaluating and considering recommendations |
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reported under Subsection (k), the executive commissioner of the |
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Health and Human Services Commission shall adopt rules to implement |
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guidelines for providing long-term services and supports, [care
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and] health services, and mental health services to children with |
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disabilities. |
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SECTION 2. Section 531.159(f), Government Code, is amended |
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to read as follows: |
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(f) The commission by rule shall develop procedures by which |
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to conduct the reviews required by Subsections (c), (d), and (e). |
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In developing the procedures, the commission shall seek input from |
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the work group on children's long-term services and supports, [care
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and] health services, and mental health services [programs] |
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established under Section 22.035, Human Resources Code. |
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SECTION 3. Subchapter G-1, Chapter 531, Government Code, is |
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amended by adding Section 531.2505 to read as follows: |
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Sec. 531.2505. DEFINITION. In this subchapter, "council" |
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means the Children's Policy Council established under Section |
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22.035, Human Resources Code. |
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SECTION. Section 531.251, Government Code, is amended to |
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read as follows: |
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Sec. 531.251. [PILOT PROJECT CONSORTIUM;] EXPANSION PLAN. |
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(a) The council shall establish a subcommittee on the system of |
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care [commission shall form a consortium] to develop criteria for |
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and implement the expansion of the Texas Integrated Funding |
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Initiative [pilot project] and to develop local mental health care |
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systems in communities for minors who are receiving residential |
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mental health services or who are at risk of residential placement |
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to receive mental health services. [The consortium must include
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representatives of the Texas Department of Mental Health and Mental
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Retardation, Department of Protective and Regulatory Services,
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Texas Education Agency, Texas Youth Commission, Texas Juvenile
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Probation Commission, and Texas Commission on Alcohol and Drug
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Abuse and an equal number of family advocates.] |
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(b) The commission and the subcommittee on the system of |
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care [consortium] shall: |
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(1) develop a model and guidelines for the delivery of |
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mental health services and support to a minor, initiated before the |
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person's 18th birthday, including best practices in the financing, |
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administration, governance, and delivery of those services; |
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(2) establish a plan to expand the Texas Integrated |
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Funding Initiative [so that the initiative may operate in up to six
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communities]; and |
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(3) identify appropriate sources of state and federal |
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funding to finance mental health services under the initiative from |
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a central fund for expansion communities. |
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(c) The subcommittee on the system of care must present to |
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the council each model, guideline, plan, program, or recommendation |
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the subcommittee develops. A model, guideline, plan, program, or |
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recommendation may not be disseminated unless it is approved by the |
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council. |
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SECTION 5. Sections 531.252(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The commission [by rule] shall establish a |
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request-for-proposal process to select expansion communities to |
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participate in the initiative. The commission may work with the |
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Department of State Health Services to establish this process. |
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(b) The commission and the council [consortium] shall |
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develop criteria to evaluate proposals for selecting expansion |
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communities to participate in the expanded initiative. The |
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criteria must: |
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(1) reflect the underlying principles of the Texas |
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Integrated Funding Initiative; |
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(2) emphasize services that are culturally competent, |
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family-centered, and seamless; |
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(3) identify populations to be served under the |
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proposals; |
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(4) establish for the expansion communities service |
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outcome goals related to minors who are receiving residential |
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mental health services or who are at risk of residential placement |
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to receive mental health services, including: |
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(A) decreasing incidents of abuse or neglect of |
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the minors; |
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(B) reducing recidivism rates of juvenile |
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offenders; |
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(C) increasing school attendance and progress of |
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the minors; |
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(D) reducing the rate of placement of the minors |
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in residential treatment; |
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(E) increasing the rate of reunification of the |
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minors with their families; |
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(F) improving the emotional, behavioral, and |
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social adjustment of the minors; and |
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(G) improving the stability of placements of the |
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minors; |
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(5) provide for locations of participating |
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communities in urban, suburban, and rural settings; and |
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(6) specify information that must be provided in a |
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proposal for a community, including: |
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(A) information on the costs of the activities |
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proposed; and |
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(B) the characteristics of minors in the |
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community who are in residential care for mental health services or |
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who are at risk of being placed in residential care to receive |
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mental health services. |
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SECTION 6. Sections 531.253 and 531.254, Government Code, |
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are amended to read as follows: |
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Sec. 531.253. SELECTION OF EXPANSION COMMUNITIES. The |
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commission and the council [consortium] shall develop a process to |
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review proposals for expansion communities and approve |
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participation of additional [not more than six] communities to |
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participate in the initiative. The selected communities must be |
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those that best meet the criteria developed under Section 531.252. |
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Sec. 531.254. SYSTEM DEVELOPMENT COLLABORATION. The |
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commission, the subcommittee on the system of care established by |
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the council [consortium], and the expansion communities shall |
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collaborate to develop and shall share technical assistance and |
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training resources to aid communities in developing local systems |
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for delivering mental health services to minors. |
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SECTION 7. Sections 531.255(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The commission and the [Texas] Department of State |
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[Mental] Health Services [and Mental Retardation] jointly shall |
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monitor the progress of the expansion communities. |
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(b) The commission, the subcommittee on the system of care |
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established by the council [consortium], and the expansion |
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communities shall collaborate to develop a system to evaluate the |
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success of the expansion communities in achieving outcome goals for |
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the minors the communities serve, including outcome goals developed |
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under Section 531.252. An evaluation under the system must include |
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information on cost avoidance and net savings that result from |
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participation in the initiative. |
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(c) Each expansion community shall identify the baseline |
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information to compare with the information on outcomes in |
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evaluating the achievements of the community. A community is |
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responsible for collecting and reporting outcome information to the |
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Department of State Health Services [commission] in accordance with |
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the requirements of the evaluation system developed under |
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Subsection (b). |
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SECTION 8. Section 531.421(3), Government Code, is amended |
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to read as follows: |
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(3) "Subcommittee on the system of care" |
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["Consortium"] means the subcommittee on the system of care |
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established by the Children's Policy Council [consortium] that |
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oversees the Texas Integrated Funding Initiative under Subchapter |
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G-1 [G, Chapter 531, as added by Chapter 446, Acts of the 76th
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Legislature, Regular Session, 1999]. |
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SECTION 9. Section 531.422(c), Government Code, is amended |
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to read as follows: |
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(c) Each community resource coordination group shall submit |
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the report described by Subsection (b) to the subcommittee on the |
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system of care [consortium]. The subcommittee [consortium] shall |
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provide a deadline to each group for submitting the reports. The |
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time frame for completing the reports must be coordinated with any |
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regional reviews by the commission of the delivery of related |
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services. |
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SECTION 10. Section 531.423, Government Code, is amended to |
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read as follows: |
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Sec. 531.423. SUMMARY REPORT BY SUBCOMMITTEE ON THE SYSTEM |
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OF CARE [TEXAS INTEGRATED FUNDING INITIATIVE CONSORTIUM]. (a) The |
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subcommittee on the system of care [consortium] shall create a |
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summary report based on the evaluations in the reports submitted to |
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the subcommittee [consortium] by community resource coordination |
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groups under Section 531.422. The subcommittee's [consortium's] |
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report must include recommendations for policy and statutory |
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changes at each agency that is involved in the provision of systems |
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of care services and the outcome expected from implementing each |
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recommendation. |
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(b) The subcommittee on the system of care [consortium] |
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shall coordinate, where appropriate, the recommendations in the |
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report created under this section with recommendations in the |
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assessment developed under S.B. No. 491, Acts of the 78th |
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Legislature, Regular Session, 2003, and with the continuum of care |
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developed under S.B. No. 490, Acts of the 78th Legislature, Regular |
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Session, 2003. |
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(c) The subcommittee on the system of care [consortium] may |
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include in the report created under this section recommendations |
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for the statewide expansion of sites participating in the Texas |
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Integrated Funding Initiative under Subchapter G-1 [G, Chapter 531,
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as added by Chapter 446, Acts of the 76th Legislature, Regular
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Session, 1999,] and the integration of services provided at those |
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sites with services provided by community resource coordination |
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groups. |
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(d) The subcommittee on the system of care [consortium] |
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shall provide a copy of a [the] report created under this section |
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and approved by the Children's Policy Council to each agency for |
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which the report makes a recommendation and to other agencies as |
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appropriate. |
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SECTION 11. Sections 531.256 and 531.257, Government Code, |
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are repealed. |
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SECTION 12. (a) Not later than January 1, 2012, the |
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following are transferred from the consortium that oversees the |
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Texas Integrated Funding Initiative under Subchapter G-1, Chapter |
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531, Government Code, to the Children's Policy Council described by |
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Section 22.035, Human Resources Code: |
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(1) the powers, duties, functions, programs, and |
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activities of the consortium; |
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(2) all obligations and contracts of the consortium |
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that are related to a power, duty, function, program, or activity |
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transferred under this subsection; |
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(3) all property and records in the custody of the |
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consortium that are related to a power, duty, function, program, or |
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activity transferred under this subsection and all funds |
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appropriated by the legislature for that power, duty, function, |
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program, or activity; and |
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(4) all personnel of the consortium whose functions |
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predominantly involve powers, duties, functions, programs, and |
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activities transferred under this subsection. |
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(b) A form adopted by the consortium that relates to a |
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power, duty, function, program, or activity transferred under |
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Subsection (a) of this section is a form of the Children's Policy |
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Council and remains in effect until altered by the Children's |
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Policy Council. |
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(c) A reference in law to the consortium that relates to a |
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power, duty, function, program, or activity transferred under |
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Subsection (a) of this section means the Children's Policy Council. |
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SECTION 13. This Act takes effect September 1, 2011. |