By: A. Johnson of Harris, Jetton, Garcia, H.B. No. 4091
      Campos
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a request for admission to a specialty inpatient
  stabilization treatment program by the Department of Family and
  Protective Services of certain minors in the managing
  conservatorship of the department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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:
         (c-2)  The Department of Family and Protective Services may
  request the admission to an inpatient mental health facility of a
  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.
         (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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.