Amend HB 4091 (house committee report) on page 1 as follows:
(1) Strike lines 6 and 7 and substitute the following:
SECTION 1. Section 572.001, Health and Safety Code, is amended by amending Subsection (c-2) and adding Subsections (c-5), (c-6), (c-7), and (c-8) to read as follows:
(2) Strike lines 10 through 22 and substitute the following:
minor in the managing conservatorship of that department only if:
(1) a physician states the physician's opinion, and the detailed reasons for that opinion, that the minor is a person:
(A) [(1)] with mental illness or who demonstrates symptoms of a serious emotional disorder; and
(B) [(2)] who presents a risk of serious harm to self or others if not immediately restrained or hospitalized; or
(2) for a minor who is at least 13 years of age and not older than 17 years of age, a court, after reviewing any relevant evidence including a physician's opinion and detailed reasons for that opinion, determines that the minor is a person whose mental health has deteriorated to the point where the minor would benefit from admission into a specialty inpatient stabilization treatment program designed specifically to meet the mental health needs of minors who need further treatment to successfully transition into a residential treatment program or another less restrictive foster care setting.
(3) Between lines 22 and 23, insert the following:
(c-5) The admission of a minor to a specialty inpatient stabilization treatment program under Subsection (c-2) is subject to review by a court under Section 263.002, Family Code.
(c-6) If a minor is or may be placed in a specialty stabilization treatment program under Subsection (c-2), the court shall determine whether:
(1) the child's needs can be met through placement in a family-like setting;
(2) the placement can provide the most effective and appropriate level of care for the child; and
(3) the placement is the least restrictive setting consistent with the child's best interest and individual needs.
(c-7) In making a determination under Subsection (c-6), the court may consider:
(1) medical, psychological, or psychiatric assessments;
(2) the child's current treatment plan and progress made under that plan;
(3) any significant medical, legal, or behavioral incidents involving the child;
(4) the reasons for the child's discharge from any previous placement or the child's current placement;
(5) the programs available at the facility to address the child's needs;
(6) the facility's plan to discharge the child after treatment;
(7) whether other programs may meet the child's needs more effectively; and
(8) any other information that would assist the court in making its determination.
(c-8) Not later than December 1 of each year, the Department of Family and Protective Services shall submit a report to the governor, lieutenant governor, and speaker of the house of representatives regarding the admission of minors to a specialty inpatient stabilization treatment program under Subsection (c-2), including:
(1) the number of total minors admitted to the program;
(2) which courts decided to admit a minor to the program;
(3) the location of each program where a minor was admitted; and
(4) the outcomes of minors admitted to each facility, including:
(A) the number of minors served;
(B) the average length of inpatient admission;
(C) the outcomes of minors discharged from the program; and
(D) any recommendations to improve the program.