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