1 | 1 | | 81R1688 UM-D |
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2 | 2 | | By: Van de Putte S.B. No. 1197 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to establishing a local behavioral health intervention |
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8 | 8 | | pilot project. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. (a) The Department of State Health Services |
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11 | 11 | | shall establish a local behavioral health intervention pilot |
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12 | 12 | | project for children in Bexar County. |
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13 | 13 | | (b) In implementing the pilot project, the department shall |
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14 | 14 | | require a local mental health authority serving Bexar County to: |
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15 | 15 | | (1) enter into a memorandum of understanding or other |
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16 | 16 | | agreement with state and local agencies that work directly with |
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17 | 17 | | children, including the Department of State Health Services, the |
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18 | 18 | | Department of Family and Protective Services, the Texas Youth |
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19 | 19 | | Commission, and the Texas Education Agency, to: |
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20 | 20 | | (A) permit collaboration in the provision of |
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21 | 21 | | uniform early intervention behavioral health services to children; |
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22 | 22 | | (B) identify children, with written consent from |
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23 | 23 | | parents or guardians, who are at risk of placement in an alternative |
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24 | 24 | | setting for behavior management, in accordance with behavioral |
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25 | 25 | | standards established by the Texas Education Agency and local |
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26 | 26 | | school district policy, or intervention by the juvenile justice or |
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27 | 27 | | child protective services systems; and |
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28 | 28 | | (C) with written consent from parents or |
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29 | 29 | | guardians, divert children identified under Paragraph (B) to a |
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30 | 30 | | system of care services to reduce gaps or inefficiencies in the |
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31 | 31 | | provision of care; |
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32 | 32 | | (2) develop, in collaboration with the state and local |
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33 | 33 | | agencies, a best practices plan regarding: |
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34 | 34 | | (A) informed consent and confidentiality |
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35 | 35 | | practices; |
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36 | 36 | | (B) uniform behavioral health screening for |
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37 | 37 | | children; |
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38 | 38 | | (C) uniform referral processes between systems |
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39 | 39 | | and agencies related to behavioral health services; |
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40 | 40 | | (D) the delivery of early intervention and |
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41 | 41 | | treatment services; and |
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42 | 42 | | (E) an information exchange process between |
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43 | 43 | | agencies to facilitate faster identification and assessment of |
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44 | 44 | | behavioral health problems and integrate service delivery; |
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45 | 45 | | (3) identify outcome measures that may be used to |
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46 | 46 | | measure the efficiency of coordination; and |
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47 | 47 | | (4) ensure that an extensive listing of providers is |
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48 | 48 | | available for children and their families, including information |
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49 | 49 | | regarding the services offered and the behavioral health issues |
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50 | 50 | | addressed by the provider. |
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51 | 51 | | (c) In order to facilitate the pilot project and identify |
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52 | 52 | | children in accordance with Subsection (b)(1)(B), a local mental |
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53 | 53 | | health authority serving Bexar County, the Department of State |
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54 | 54 | | Health Services, the Department of Family and Protective Services, |
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55 | 55 | | the Texas Youth Commission, the Texas Education Agency, and local |
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56 | 56 | | school districts may, with the consent of the child's parents or |
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57 | 57 | | guardians: |
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58 | 58 | | (1) disclose information relating to a child, |
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59 | 59 | | including information concerning the child's identity, needs, |
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60 | 60 | | treatment, social, criminal, and educational history, probation or |
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61 | 61 | | supervision status and compliance with the conditions of the |
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62 | 62 | | child's probation or supervision, and medical or mental health |
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63 | 63 | | history, if the disclosure serves a purpose of the pilot project; |
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64 | 64 | | (2) accept information relating to a child that serves |
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65 | 65 | | a purpose of the pilot project, regardless of whether other state |
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66 | 66 | | law makes that information confidential; and |
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67 | 67 | | (3) before sharing information under this section, |
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68 | 68 | | enter into a memorandum of understanding with another local or |
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69 | 69 | | state governmental entity to specify: |
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70 | 70 | | (A) the types of information that may be |
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71 | 71 | | exchanged among agencies under this section without violating any |
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72 | 72 | | applicable provisions of federal law, including any federal funding |
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73 | 73 | | requirements; and |
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74 | 74 | | (B) the protocols for information sharing, |
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75 | 75 | | including methods for ensuring the continued protection of |
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76 | 76 | | confidential information by the recipient of the information. |
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77 | 77 | | (d) This section does not affect the confidential status of |
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78 | 78 | | the information being shared. |
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79 | 79 | | (e) The department may use funds for crisis prevention |
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80 | 80 | | programs in collaboration with funds from local authorities, |
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81 | 81 | | including school districts and criminal justice agencies, to |
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82 | 82 | | implement the pilot project. |
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83 | 83 | | (f) Not later than December 1, 2010, the local mental health |
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84 | 84 | | authority involved in the pilot project shall submit a report to the |
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85 | 85 | | department regarding the local behavioral health intervention |
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86 | 86 | | pilot project, including: |
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87 | 87 | | (1) a comprehensive analysis of the efficacy of the |
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88 | 88 | | project; and |
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89 | 89 | | (2) the local authority's findings and |
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90 | 90 | | recommendations. |
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91 | 91 | | (g) This section expires September 1, 2011. |
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92 | 92 | | SECTION 2. This Act takes effect September 1, 2009. |
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