By: Kolkhorst S.B. No. 1575
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to assessment and oversight of children placed by the
  Department of Family and Protective Services in a qualified
  residential treatment program and a study regarding residential
  treatment center placements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.00201 to read as follows:
         Sec. 263.00201.  REVIEW OF PLACEMENT IN QUALIFIED
  RESIDENTIAL TREATMENT PROGRAM. (a)  In this section, "qualified
  residential treatment program" has the meaning assigned by 42
  U.S.C. Section 672(k)(4).
         (b)  Not later than the 60th day after the date the
  department places a child in a qualified residential treatment
  program, a court shall:
               (1)  consider any assessment, determination, and
  documentation made by a qualified individual in accordance with 42
  U.S.C. Section 675a(c) regarding the child's placement;
               (2)  determine whether the child's needs can be met
  through placement in a foster home and, if not, whether:
                     (A)  placing the child in a qualified residential
  treatment program provides the most effective and appropriate level
  of care for the child in the least restrictive environment; and
                     (B)  placement in a qualified residential
  treatment program is consistent with the short-term and long-term
  goals for the child, as specified in the child's permanency plan;
  and
               (3)  approve or disapprove the placement.
         (c)  Any written documentation prepared for the review of the
  child's placement under this section and any documentation
  regarding the determination and approval or disapproval of the
  placement in a qualified residential treatment program by the court
  under Subsection (b) shall be included in and made part of the
  child's permanency plan.
         (d)  As long as a child remains in a qualified residential
  treatment program, the department shall at the status review
  hearing and each permanency hearing held with respect to the child
  provide the court with information:
               (1)  demonstrating that:
                     (A)  ongoing assessment of the strengths and needs
  of the child continues to support the determination that the needs
  of the child cannot be met through placement in a foster home;
                     (B)  placement in a qualified residential
  treatment program provides the most effective and appropriate level
  of care for the child in the least restrictive environment; and
                     (C)  the placement is consistent with the
  short-term and long-term goals for the child, as specified in the
  child's permanency plan;
               (2)  documenting the specific treatment or service
  needs that will be met for the child in the placement and the length
  of time the child is expected to need the treatment or services; and
               (3)  documenting the efforts made by the department to
  prepare the child to return home or to be placed in a foster home or
  with a fit and willing relative, legal guardian, or adoptive
  parent.
         (e)  The department may include the information required by
  Subsection (d) in any report the department is required to provide
  to the court before the hearing.
         (f)  The review of a child's placement in a qualified
  residential treatment program may be conducted through a remote
  proceeding.  For purposes of this subsection, "remote proceeding"
  means a proceeding before a court in which one or more of the
  participants, including a judge, party, attorney, witness, court
  reporter, child, or other individual, attends the proceeding
  remotely through the use of technology and the Internet.
         SECTION 2.  Section 264.018(a)(5), Family Code, is amended
  to read as follows:
               (5)  "Significant event" means:
                     (A)  a placement change, including failure by the
  department to locate an appropriate placement for at least one
  night;
                     (B)  a significant change in medical condition;
                     (C)  an initial prescription of a psychotropic
  medication or a change in dosage of a psychotropic medication;
                     (D)  a major change in school performance or a
  serious disciplinary event at school; [or]
                     (E)  a placement in a qualified residential
  treatment program as that term is defined by 42 U.S.C. Section
  672(k)(4); or
                     (F)  any event determined to be significant under
  department rule.
         SECTION 3.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1077 to read as follows:
         Sec. 264.1077.  STUDY REGARDING RESIDENTIAL TREATMENT
  CENTER PLACEMENT. (a) The Supreme Court of Texas Children's
  Commission, in collaboration with the department, shall establish
  and oversee a work group to examine the oversight of and best
  practices related to residential treatment center placements,
  including placements in qualified residential treatment programs
  as that term is defined by 42 U.S.C. Section 672(k)(4).  The work
  group shall consider topics and changes to current practices the
  work group determines necessary to ensure the appropriate use of
  and to improve the transition into and out of residential treatment
  center placements, including:
               (1)  statutorily required judicial review of
  residential treatment center placements;
               (2)  fiscal implications of additional judicial review
  for residential treatment center placements;
               (3)  methods for improving the state's practices
  regarding the duration of residential treatment center placements,
  including best practices for transition planning and involving
  family and other relevant participants in preparing the child for a
  subsequent placement;
               (4)  proposed statutory changes regarding appropriate
  judicial findings, evidence required to be submitted by the
  department, and recommendations for information to be gathered from
  the child's attorney or guardian ad litem; and
               (5)  model court orders determined to be appropriate
  for the legal requirements for a particular placement.
         (b)  Not later than October 1, 2022, the Supreme Court of
  Texas Children's Commission shall submit a report to the
  legislature regarding the findings and recommendations from the
  work group established by Subsection (a).
         (c)  This section expires September 1, 2023.
         SECTION 4.  This Act takes effect September 1, 2021.