87R13056 MCK-F
 
  By: Neave H.B. No. 4041
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a suicide prevention policy in residential child-care
  facilities and child-placing agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0433 to read as follows:
         Sec. 42.0433.  SUICIDE PREVENTION, INTERVENTION, AND
  POSTVENTION PLAN. (a) In this section, "postvention" has the
  meaning assigned by Section 38.351, Education Code.
         (b)  The executive commissioner by rule shall adopt a model
  suicide prevention, intervention, and postvention policy for use by
  a residential child-care facility. The model policy must:
               (1)  be based on current and best evidence-based
  practices;
               (2)  require all employees of the facility to receive
  annual suicide prevention training that includes understanding of
  safety planning and screening for risk;
               (3)  promote suicide prevention training for
  non-employee entities, as appropriate; and
               (4)  include procedures to support children who return
  to the facility following hospitalization for a mental health
  condition.
         (c)  Each residential child-care facility shall adopt a
  suicide prevention, intervention, and postvention policy. A
  residential child-care facility may adopt:
               (1)  the model policy adopted by the executive
  commissioner under Subsection (b); or
               (2)  another suicide prevention, intervention, and
  postvention policy approved by the executive commissioner.
         (d)  The suicide prevention, intervention, and postvention
  policy adopted under Subsection (c) may be part of a broader mental
  health crisis plan if the components of the plan include suicide
  prevention, intervention, and postvention.
         (e)  The commission shall provide to a residential
  child-care facility any technical assistance necessary to adopt or
  implement a suicide prevention, intervention, and postvention
  policy.
         SECTION 2.  Section 42.252(c), Human Resources Code, is
  amended to read as follows:
         (c)  The operational plan must include:
               (1)  a community engagement plan to develop and, if
  necessary, improve relations between the general residential
  operation and the community in which the operation is located that
  includes:
                     (A)  a summary of any discussions the operation
  had with:
                           (i)  local law enforcement; and
                           (ii)  local health, therapeutic, and
  recreational resources available to support children at the
  operation; and
                     (B)  a summary of the opportunities the children
  at the operation will have for social interaction in the community;
               (2)  an educational plan describing the applicant's
  plan to provide for the educational needs of the children at the
  general residential operation that:
                     (A)  identifies whether the proposed operation
  will provide for the public or private education of school-age
  children at the operation;
                     (B)  identifies whether the proposed operation
  will provide for the education of school-age children through a
  local school, off-site charter school, or on-site charter school;
                     (C)  includes any discussions, plans, and
  agreements with the local school district, private school, or local
  charter school that will be providing education to the school-age
  children at the operation; and
                     (D)  if the children are to be enrolled in a public
  school, includes either:
                           (i)  a statement from the local independent
  school district on the impact of the proposed child-care services
  on the local school district; or
                           (ii)  an explanation of the reasons the
  operation was unable to obtain a statement described by
  Subparagraph (i) and a discussion of other alternative educational
  services that the operation could offer;
               (3)  a trauma-informed plan to address unauthorized
  absences of children from the general residential operation; [and]
               (4)  a suicide prevention, intervention, and
  postvention plan that meets the requirements of Section 42.0433;
  and
               (5)  the qualifications, background, and history,
  including any compliance history, of each individual who is
  proposed to be involved in:
                     (A)  the management of the operation; and
                     (B)  the educational leadership of the operation
  if the operation will be using an on-site charter school.
         SECTION 3.  Not later than July 1, 2022, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the model suicide prevention, intervention, and
  postvention policy required by Section 42.0433, Human Resources
  Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2021.