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SECTION 1. Sections
531.055(a), (b), and (e), Government Code, are amended to read as follows:
(a) Each health and human services agency, the Texas
Education Agency, the Texas Correctional Office on Offenders with
Medical or Mental Impairments, the Texas Department of Criminal Justice,
the Texas Department of Housing and Community Affairs, the Texas Workforce
Commission, and the Texas Juvenile Justice Department shall enter into a
joint memorandum of understanding to promote a system of local-level
interagency staffing groups to identify and coordinate services in
the least restrictive setting appropriate for persons needing
multiagency services. The division within the Health and Human Services
Commission that coordinates the policy and delivery of mental health
services shall oversee the development and implementation of the joint
memorandum of understanding.
(b) The memorandum must:
(1) clarify the statutory
responsibilities of each agency in relation to persons needing multiagency
services, including subcategories for different services such as:
(A) [prevention,]
family preservation and strengthening;
(B) physical and
behavioral health care;
(C) prevention and early
intervention services, including services designed to prevent:
(i) child abuse;
(ii) neglect; or
(iii) delinquency,
truancy, or school dropout;
(D) diversion from
juvenile or criminal justice involvement;
(E) housing;
(F) [,] aging
in place;
(G) [,]
emergency shelter;
(H) [, diagnosis
and evaluation,] residential care;
(I) [,]
after-care;
(J) [,]
information and referral;[, medical care,] and
(K) investigation
services;
(2) include a functional
definition of "persons needing multiagency services";
(3) outline membership,
officers, and necessary standing committees of local-level interagency
staffing groups;
(4) define procedures aimed
at eliminating duplication of services relating to assessment and
diagnosis, treatment, residential placement and care, and case management
of persons needing multiagency services;
(5) define procedures for
addressing disputes between the agencies that relate to the agencies' areas
of service responsibilities;
(6) provide that each
local-level interagency staffing group includes:
(A) a local representative
of each agency;
(B) representatives of local
private sector agencies; and
(C) family members or
caregivers of persons needing multiagency services or other current or
previous consumers of multiagency services acting as general consumer
advocates;
(7) provide that the local
representative of each agency has authority to contribute agency resources
to solving problems identified by the local-level interagency staffing
group;
(8) provide that if a
person's needs exceed the resources of an agency, the agency may, with the
consent of the person's legal guardian, if applicable, submit a referral on
behalf of the person to the local-level interagency staffing group for
consideration;
(9) provide that a
local-level interagency staffing group may be called together by a
representative of any member agency;
(10) provide that an agency
representative may be excused from attending a meeting if the staffing
group determines that the age or needs of the person to be considered are
clearly not within the agency's service responsibilities, provided that
each agency representative is encouraged to attend all meetings to
contribute to the collective ability of the staffing group to solve a
person's need for multiagency services;
(11) define the relationship
between state-level interagency staffing groups and local-level interagency
staffing groups in a manner that defines, supports, and maintains local
autonomy;
(12) provide that records
that are used or developed by a local-level interagency staffing group or
its members that relate to a particular person are confidential and may not
be released to any other person or agency except as provided by this
section or by other law; and
(13) provide a procedure
that permits the agencies to share confidential information while preserving
the confidential nature of the information.
(e) The agencies shall
ensure that a state-level interagency staffing group provides:
(1) information and
guidance to local interagency staffing groups regarding:
(A) the availability of
programs and resources in the community; and
(B) best practices for
addressing the needs of individuals with complex needs in the least
restrictive setting appropriate; and
(2) a biennial report
to the administrative head of each agency, the legislature, and the governor
that includes:
(A) [(1)] the
number of persons served through the local-level interagency staffing
groups and the outcomes of the services provided;
(B) [(2)] a
description of any barriers identified to the state's ability to provide
effective services to persons needing multiagency services; and
(C) [(3)] any
other information relevant to improving the delivery of services to persons
needing multiagency services.
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SECTION 1. Section 531.055,
Government Code, is amended by amending Subsections (a), (b), and (e) and
adding Subsection (f) to read as follows:
(a) The Health and Human Services Commission, the
Department of Family and Protective Services, the Department of State
Health Services, the Texas Education Agency [Each health and human services agency],
the Texas Correctional Office on Offenders with Medical or Mental
Impairments, the Texas Department of Criminal Justice, the Texas Department
of Housing and Community Affairs, the Texas Workforce Commission, and the
Texas Juvenile Justice Department shall enter into a joint memorandum of
understanding to promote a system of local-level interagency staffing
groups to identify and coordinate services for persons needing
multiagency services to be provided in the least restrictive setting
appropriate, using residential,
institutional, or congregate care settings only as a last resort.
The division within the Health and Human Services Commission that
coordinates the policy and delivery of mental health services shall oversee
the development and implementation of the joint memorandum of
understanding.
(b) The memorandum must:
(1) clarify the statutory
responsibilities of each agency in relation to persons needing multiagency
services, including subcategories for different services such as:
(A) [prevention,]
family preservation and strengthening;
(B) physical and
behavioral health care;
(C) prevention and early
intervention services, including services designed to prevent:
(i) child abuse;
(ii) neglect; or
(iii) delinquency,
truancy, or school dropout;
(D) diversion from
juvenile or criminal justice involvement;
(E) housing;
(F) [,] aging
in place;
(G) [,]
emergency shelter;
(H) [, diagnosis
and evaluation,] residential care;
(I) [,]
after-care;
(J) [,]
information and referral;[, medical care,] and
(K) investigation
services;
(2) include a functional
definition of "persons needing multiagency services";
(3) outline membership,
officers, and necessary standing committees of local-level interagency
staffing groups;
(4) define procedures aimed
at eliminating duplication of services relating to assessment and
diagnosis, treatment, residential placement and care, and case management
of persons needing multiagency services;
(5) define procedures for
addressing disputes between the agencies that relate to the agencies' areas
of service responsibilities;
(6) provide that each
local-level interagency staffing group includes:
(A) a local representative
of each agency;
(B) representatives of local
private sector agencies; and
(C) family members or
caregivers of persons needing multiagency services or other current or
previous consumers of multiagency services acting as general consumer
advocates;
(7) provide that the local
representative of each agency has authority to contribute agency resources
to solving problems identified by the local-level interagency staffing
group;
(8) provide that if a
person's needs exceed the resources of an agency, the agency may, with the
consent of the person's legal guardian, if applicable, submit a referral on
behalf of the person to the local-level interagency staffing group for
consideration;
(9) provide that a
local-level interagency staffing group may be called together by a
representative of any member agency;
(10) provide that an agency
representative may be excused from attending a meeting if the staffing
group determines that the age or needs of the person to be considered are
clearly not within the agency's service responsibilities, provided that
each agency representative is encouraged to attend all meetings to
contribute to the collective ability of the staffing group to solve a
person's need for multiagency services;
(11) define the relationship
between state-level interagency staffing groups and local-level interagency
staffing groups in a manner that defines, supports, and maintains local
autonomy;
(12) provide that records
that are used or developed by a local-level interagency staffing group or
its members that relate to a particular person are confidential and may not
be released to any other person or agency except as provided by this
section or by other law; and
(13) provide a procedure
that permits the agencies to share confidential information while
preserving the confidential nature of the information.
(e) The agencies shall
ensure that a state-level interagency staffing group provides:
(1) information and
guidance to local-level interagency staffing groups regarding:
(A) the availability of
programs and resources in the community; and
(B) best practices for
addressing the needs of persons with complex needs in the least restrictive
setting appropriate; and
(2) a biennial report
to the administrative head of each agency, the legislature, and the
governor that includes:
(A) [(1)] the
number of persons served through the local-level interagency staffing
groups and the outcomes of the services provided;
(B) [(2)] a
description of any barriers identified to the state's ability to provide
effective services to persons needing multiagency services; and
(C) [(3)] any
other information relevant to improving the delivery of services to persons
needing multiagency services.
(f) In this section, "least restrictive setting"
means a service setting for a person that, in comparison to other available
service settings:
(1) is most able to meet the identified needs of the person;
(2) prioritizes a home and community-based care setting; and
(3) engages the strengths of the family.
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