By: McReynolds H.B. No. 4451
A BILL TO BE ENTITLED
AN ACT
relating to provision of continuity of care services for youth with
mental illness or mental retardation who are paroled or discharged
from the Texas Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.077, Human Resources Code, is amended
by adding subsection (g) to read as follows:
(a) The commission shall accept a child committed to the
commission who is mentally ill or mentally retarded.
(b) Unless a child is committed to the commission under a
determinate sentence under Section 54.04(d)(3), 54.04(m), or
54.05(f), Family Code, the commission shall discharge a child who
is mentally ill or mentally retarded from its custody if:
(1) the child has completed the minimum length of stay
for the child's committing offense; and
(2) the commission determines that the child is unable
to progress in the commission's rehabilitation programs because of
the child's mental illness or mental retardation.
(c) If a child who is discharged from the commission under
Subsection (b) as a result of mental illness is not receiving
court-ordered mental health services, the child's discharge is
effective on the earlier of:
(1) the date the court enters an order regarding an
application for mental health services filed under Section
61.0772(b); or
(2) the 30th day after the date the application is
filed.
(d) If a child who is discharged from the commission under
Subsection (b) as a result of mental illness is receiving court-
ordered mental health services, the child's discharge from the
commission is effective immediately. If the child is receiving
mental health services outside the child's home county, the
commission shall notify the mental health authority located in that
county of the discharge not later than the 30th day after the date
that the child's discharge is effective.
(e) If a child who is discharged from the commission under
Subsection (b) as a result of mental retardation is not receiving
mental retardation services, the child's discharge is effective on
the earlier of:
(1) the date the court enters an order regarding an
application for mental retardation services filed under Section
61.0772(c); or
(2) the 30th day after the date that the application is
filed.
(f) If a child who is discharged from the commission under
Subsection (b) as a result of mental retardation is receiving
mental retardation services, the child's discharge from the
commission is effective immediately.
(g) If a child with mental illness or mental retardation is
discharged from the commission under Subsections (b)-(f), the child
is eligible to receive continuity of care services from the Texas
Correctional Office on Offenders with Medical or Mental
Impairments.
SECTION 2. Section 61.0772, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(a) The commission shall establish a system that identifies
children in the commission's custody who are mentally ill or
mentally retarded.
(b) Before a child who is identified as mentally ill is
discharged from the commission's custody under Section 61.077(b), a
commission psychiatrist shall examine the child. The commission
shall refer a child requiring outpatient psychiatric treatment to
the appropriate mental health authority. For a child requiring
inpatient psychiatric treatment, the commission shall file a sworn
application for court-ordered mental health services, as provided
in Subchapter C, Chapter 574, Health and Safety Code, if:
(1) the child is not receiving court-ordered mental
health services; and
(2) the psychiatrist who examined the child determines
that the child is mentally ill and the child meets at least one of
the criteria listed in Section 574.034, Health and Safety Code.
(c) Before a child who is identified as mentally retarded
under Chapter 593, Health and Safety Code, is discharged from the
commission's custody under Section 61.077(b), the commission shall
refer the child for mental retardation services if the child is not
receiving mental retardation services.
(d) Before a child with mental illness or mental retardation
is discharged from the commission, the commission shall refer the
child to the Texas Correctional Office on Offenders with Medical or
Mental Impairments for continuity of care services.
SECTION 3. Section 614.019, Health & Safety Code, is
amended by adding Subsections (b) and (c) to read as follows:
Sec. 614.019. PROGRAMS FOR JUVENILES. (a) The office, in
cooperation with the Texas Commission on Alcohol and Drug Abuse,
the Texas Department of Mental Health and Mental Retardation, the
Department of Protective and Regulatory Services, the Texas
Juvenile Probation Commission, the Texas Youth Commission, and the
Texas Education Agency, may establish and maintain programs,
building on existing successful efforts in communities, to address
prevention, intervention, and continuity of care for juveniles with
mental health and substance abuse disorders.
(b) A child with mental illness, who is receiving continuity
of care services during his or her parole from the Texas Youth
Commission and is not eligible to receive services from a local
mental health authority at the age of 17 or older because he or she
does not meet the criteria for adult services under Section
533.0352(a), Health and Safety Code, may continue to receive
continuity of care services until the child completes his or her
parole with the Texas Youth Commission.
(c) A child with mental illness or mental retardation, who
is discharged from the Texas Youth Commission under Section 61.077,
Human Resources Code, may receive continuity of care services for a
minimum of 90 days after discharge from the Texas Youth Commission
and thereafter until the child has demonstrated sufficient
stability to successfully transition to mental health or mental
retardation services provided by a local mental health and mental
retardation center.
SECTION 4. This Act takes effect September 1, 2009.