By: Perry S.B. No. 195
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to collecting and reporting by the Department of Family
  and Protective Services and the Health and Human Services
  Commission of certain information relating to certain alcohol and
  controlled substance use and treatment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 162.007(a), Family Code, is amended to
  read as follows:
         (a)  The health history of the child must include information
  about:
               (1)  the child's health status at the time of placement;
               (2)  the child's birth, neonatal, and other medical,
  psychological, psychiatric, and dental history information,
  including to the extent known by the Department of Family and
  Protective Services based on the information collected under
  Section 264.019 [department]:
                     (A)  whether the child's birth mother consumed
  alcohol during pregnancy; and
                     (B)  whether the child has been diagnosed with
  fetal alcohol spectrum disorder;
               (3)  a record of immunizations for the child; and
               (4)  the available results of medical, psychological,
  psychiatric, and dental examinations of the child.
         SECTION 2.  Subchapter A, Chapter 264, Family Code, is
  amended by adding Section 264.019 to read as follows:
         Sec. 264.019.  COLLECTION AND REPORTING OF ALCOHOL AND
  CONTROLLED SUBSTANCE STATISTICS.  (a)  The department shall
  collect the following information and update the department's
  automated case tracking and information management system to allow
  caseworkers to record:
               (1)  the number of children reported to the department
  who at birth tested positive for the presence of alcohol or a
  controlled substance;
               (2)  the controlled substances for which the children
  described by Subdivision (1) tested positive;
               (3)  the number of children described by Subdivision
  (1) who were removed from their homes and have been diagnosed as
  having a disability or chronic medical condition resulting from the
  presence of alcohol or controlled substances; and
               (4)  the number of parents who test positive for the
  presence of a controlled substance during a department
  investigation of a report of abuse or neglect of the parent's child.
         (b)  Not later than November 1 of each year, the department
  shall:
               (1)  prepare for the preceding year a report
  containing:
                     (A)  the information collected under Subsection
  (a); and
                     (B)  the data collected under Section 531.02143,
  Government Code;
               (2)  post a copy of the report prepared under
  Subdivision (1) on the department's Internet website; and
               (3)  electronically submit to the legislature a copy of
  the report.
         (c)  The commissioner of the department shall adopt rules
  necessary to implement this section.
         (d)  The department is required to implement this section in
  a state fiscal biennium only if the commissioner of the department
  determines that the legislature has specifically appropriated an
  amount sufficient to update the department's automated case
  tracking and information management system. If the commissioner of
  the department does not make that determination, the department
  shall implement this section not later than the date of the
  department's next update of the automated case tracking and
  information management system.
         SECTION 3.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02143 to read as follows:
         Sec. 531.02143.  DATA REGARDING POSTNATAL ALCOHOL AND
  CONTROLLED SUBSTANCE TREATMENT. (a)  The commission shall collect
  hospital discharge data for Medicaid recipients regarding
  treatment of a newborn child for prenatal exposure to alcohol or a
  controlled substance.
         (b)  The commission shall provide the data collected under
  Subsection (a) to the Department of Family and Protective Services.
         SECTION 4.  This Act takes effect January 1, 2020.