BILL ANALYSIS

 

 

Senate Research Center	H.B. 1972
88R22806 MLH-D	By: Campos et al. (Kolkhorst)
	Health & Human Services
	5/15/2023
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 87th Texas Legislature enacted legislation requiring a court, within 60 days of a child's initial placement in a qualified residential treatment program, to review and then either approve or disapprove that placement. That legislation also required the Supreme Court of Texas Children's Commission, in collaboration with the Department of Family and Protective Services, to establish a work group to conduct a study regarding residential treatment center (RTC) placements.

 

The report submitted to the legislature by this work group in October 2022 included a recommendation for the legislature to implement a requirement for the court to make certain findings when a child is or may be placed in an RTC. Specifically, the report stated that, "given the high level of care and the therapeutic need for RTC placements, it is critical for courts to review whether the placement meets the child's needs and goals and is appropriate for the child."

�

H.B. 1972 seeks to implement this work group recommendation by requiring a court to review and make a finding related to a placement or continued placement in an RTC. The bill also establishes a statutory definition of what constitutes an RTC so as to more clearly address which specific types of placements require judicial review, including an RTC and a qualified residential treatment center.

 

H.B. 1972 amends current law relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 263.001(a), Family Code, by adding Subdivision (5) to define "residential treatment center."

 

SECTION 2. Amends Section 263.002, Family Code, by adding Subsections (e) and (f), as follows:

 

(e) Requires the court, if a child is placed in a residential treatment center, or if a child is referred to and awaiting placement in a residential treatment center, to determine whether:

 

(1) the child's needs can be met through placement in a family-like setting;

 

(2) the recommended or existing program can provide the most effective and appropriate level of care for the child;

 

(3) the recommended or existing program is the least restrictive setting consistent with the child's best interest and individual needs; and

 

(4) the placement is consistent with the short-term and long-term goals for the child, as specified by the child's permanency plan.

 

(f) Authorizes the court, in making a determination under Subsection (e), to consider:

 

(1) psychological or psychiatric assessments;

 

(2) the child's current treatment plan and progress being made;

 

(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 program's plan to discharge the child after treatment;

 

(7) whether there are other programs that more effectively meet the child's needs; and

 

(8) any other information that would assist the court in making the determination.

 

SECTION 3. Amends Section 263.202(b), Family Code, as follows:

 

(b) Requires the court to review the service plan that the Department of Family and Protective Services (DFPS) filed under Chapter 263 (Review of Placement of Children Under Care of Department of Family and Protective Services) for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether:

 

(1)-(2) makes no changes to these subdivisions;

 

(3)-(4) makes nonsubstantive changes to these subdivisions;

 

(5) based on the court's determination under Section 263.002 (Review of Placements by Court; Findings), continued placement is appropriate if the child is placed in a residential treatment center; and

 

(6) based on the court's determination under Section 263.00201 (Review of Placement in Qualified Residential Treatment Program), continued placement is appropriate if the child is placed in a qualified residential treatment program.

 

SECTION 4. Amends Section 263.306(a-1), Family Code, as follows:

 

(a-1) Requires the court, at each permanency hearing before a final order is rendered, to:

 

(1)-(4) makes no changes to these subdivisions;

�

(5) review the permanency progress report to determine:

 

(A)-(G) makes no changes to these paragraphs;

 

(H) makes a nonsubstantive change to this paragraph;

 

(I) makes no changes to this paragraph;

 

(J) based on the court's determination under Section 263.002, whether continued placement is appropriate if the child is placed in a residential treatment center; and

 

(K)� based on the court's determination under Section 263.00201, whether continued placement is appropriate if the child is placed in a qualified residential treatment program; and

 

(6)-(8) makes no changes to these subdivisions.

 

SECTION 5. Amends Section 263.5031(a), Family Code, as follows:

 

(a) Requires the court, at each permanency hearing after the court renders a final order, to:

 

(1)-(2) makes no changes to these subdivisions;

 

(3) for a child placed with a relative of the child or other designated caregiver, review the efforts of DFPS to inform the caregiver of:

 

(A)-(J) makes no changes to these paragraphs;

 

(K)-(L) makes nonsubstantive changes to these paragraphs;

 

(M) based on the court's determination under Section 263.002, whether continued placement is appropriate if the child is placed in a residential treatment center; and

 

(N) based on the court's determination under Section 263.00201, whether continued placement is appropriate if the child is placed in a qualified residential treatment program.

 

SECTION 6. Effective date: September 1, 2023.