Texas Senate Bill SB2407

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/4/09
• Voted on by Senate: 5/8/09
• Out of House Committee: 5/22/09

Caption

Relating to the creation of a strategic plan to improve long-term services and supports for individuals with disabilities.

Impact

The bill alters various existing statutes related to the care of individuals with mental retardation. It amends the Texas Family Code to better define processes for determining a child's fitness in juvenile court proceedings, particularly when their capabilities are affected by mental conditions. By requiring recommended placements from local mental retardation authorities before a commitment to residential facilities, the bill ensures that decisions made about individuals' care prioritize their best interests and circumstances, with significant emphasis on alternative living arrangements.

Summary

SB2407 proposes significant revisions to the provision of services for individuals with mental retardation, emphasizing the development and implementation of community-based services and supports. One of its core objectives is to divert adults and children from state schools, ensuring that individuals are accommodated in the least restrictive environments suitable to their needs. The bill aims to create protocols to facilitate this transition, moving away from institutional commitments and towards community placements that align with modern standards of care and support.

Contention

Notably, SB2407 brings changes that may face scrutiny regarding implementation challenges. Although the focus on reducing institutionalization is widely regarded as favorable, concerns arise over the adequacy of community resources and readiness of local governments to manage the influx of individuals transitioning into community settings. The bill's provisions necessitate not only cooperation among state agencies but also adequate funding and training to ensure service providers can meet the heightened demand for community-based supports.

Additional_points

Furthermore, the establishment of a positive behavior support training and technical assistance initiative is pivotal to this bill, enabling specialized care for children exhibiting challenging behaviors. This approach integrates family stability and creates healthier home environments, which is essential for the success of community placements. The requirement for annual reporting on community living outcomes reflects a commitment to transparency and responsiveness regarding the effectiveness of the new protocols.