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A BILL TO BE ENTITLED
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AN ACT
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relating to the exchange of certain information between the |
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Department of Family and Protective Services or certain foster care |
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services contractors and a state or local juvenile justice agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.0052, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (b-1) and (b-2) to |
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read as follows: |
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(a) In this section: |
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(1) "Juvenile justice agency" has the meaning assigned |
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by Section 58.101. |
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(2) "Juvenile service provider" has the meaning |
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assigned by Section 58.0051. |
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(3) [(2)] "Multi-system youth" means a person who: |
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(A) is younger than 19 years of age; and |
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(B) has received services from two or more |
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juvenile service providers. |
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(4) [(3)] "Personal health information" means |
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personally identifiable information regarding a multi-system |
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youth's physical or mental health or the provision of or payment for |
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health care services, including case management services, to a |
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multi-system youth. The term does not include clinical |
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psychological notes or substance abuse treatment information. |
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(b-1) At the request of a state or local juvenile justice |
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agency, the Department of Family and Protective Services or a |
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single source continuum contractor who contracts with the |
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department to provide foster care services shall, not later than |
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the 14th business day after the date of the request, share with the |
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juvenile justice agency information in the possession of the |
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department or contractor that assists the agency in the |
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continuation of services for or providing services to a |
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multi-system youth who: |
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(1) is or has been in the temporary or permanent |
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managing conservatorship of the department; |
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(2) is or was the subject of a family-based safety |
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services case with the department; |
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(3) has been reported as an alleged victim of abuse or |
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neglect to the department; |
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(4) is the perpetrator in a case in which the |
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department investigation concluded that there was a reason to |
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believe that abuse or neglect occurred; or |
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(5) is a victim in a case in which the department |
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investigation concluded that there was a reason to believe that |
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abuse or neglect occurred. |
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(b-2) At the request of the Department of Family and |
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Protective Services or a single source continuum contractor who |
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contracts with the department to provide foster care services, a |
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state or local juvenile justice agency shall share with the |
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department or contractor information in the possession of the |
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juvenile justice agency that assists the department or contractor |
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in the continuation of services for or providing services to a |
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multi-system youth who is or has been in the custody or control of |
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the juvenile justice agency. |
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SECTION 2. 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, 2017. |
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