BILL ANALYSIS

H.B. 4091

By: Johnson, Ann

Youth Health & Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is a lack of available inpatient services and beds for children in child protective services (CPS). The legislature is poised to make significant investments in mental health services, but innovative solutions to support this specific population are still necessary. The University of Texas Health Science Center at Houston (UTHealth Houston) has proposed such a solution with the Successful Transitions for Adolescents–Recovery Trajectories Success (START) pilot program for CPS children in coordination with the Department of Family and Protective Services (DFPS).

START is a new pilot program created specifically for CPS children who have experienced significant trauma, have persistent mental health needs, and are struggling with repeat foster placement attempts. Under the program, UTHealth Houston will provide a fully dedicated 18‑bed unit at the UTHealth Houston Harris County Psychiatric Center for the program, with the possibility of transitioning to a larger unit at the new Dunn Center hospital in the future if the program is successful. START is designed to offer an extended stay--between 30-60 days versus the traditional length of 5-7 days--to provide additional customized therapy and added programming for recovery. The end goal is significantly improved long-term outcomes for these specific CPS youth, as successfully documented through UTHealth Houston's adult sub-acute program, which has multiple published research findings.

When discussions began with DFPS about this partnership early last fall, both sides identified a possible statutory barrier for the program since DFPS has certain statutory restrictions with respect to inpatient hospital admissions. H.B. 4091 seeks to provide more authority for a sub‑acute, or longer stay, style of program such as the proposed START program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4091 amends the Health and Safety Code to expand the circumstances under which the Department of Family and Protective Services (DFPS) is authorized to request the admission of a minor in DFPS managing conservatorship to an inpatient mental health facility to include when a physician states the physician's opinion that the minor is a person whose mental health has deteriorated to the point where the minor requires and 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 residential treatment or a less restrictive foster care setting.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.