Texas 2009 - 81st Regular

Texas Senate Bill SB1197 Compare Versions

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11 81R1688 UM-D
22 By: Van de Putte S.B. No. 1197
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to establishing a local behavioral health intervention
88 pilot project.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. (a) The Department of State Health Services
1111 shall establish a local behavioral health intervention pilot
1212 project for children in Bexar County.
1313 (b) In implementing the pilot project, the department shall
1414 require a local mental health authority serving Bexar County to:
1515 (1) enter into a memorandum of understanding or other
1616 agreement with state and local agencies that work directly with
1717 children, including the Department of State Health Services, the
1818 Department of Family and Protective Services, the Texas Youth
1919 Commission, and the Texas Education Agency, to:
2020 (A) permit collaboration in the provision of
2121 uniform early intervention behavioral health services to children;
2222 (B) identify children, with written consent from
2323 parents or guardians, who are at risk of placement in an alternative
2424 setting for behavior management, in accordance with behavioral
2525 standards established by the Texas Education Agency and local
2626 school district policy, or intervention by the juvenile justice or
2727 child protective services systems; and
2828 (C) with written consent from parents or
2929 guardians, divert children identified under Paragraph (B) to a
3030 system of care services to reduce gaps or inefficiencies in the
3131 provision of care;
3232 (2) develop, in collaboration with the state and local
3333 agencies, a best practices plan regarding:
3434 (A) informed consent and confidentiality
3535 practices;
3636 (B) uniform behavioral health screening for
3737 children;
3838 (C) uniform referral processes between systems
3939 and agencies related to behavioral health services;
4040 (D) the delivery of early intervention and
4141 treatment services; and
4242 (E) an information exchange process between
4343 agencies to facilitate faster identification and assessment of
4444 behavioral health problems and integrate service delivery;
4545 (3) identify outcome measures that may be used to
4646 measure the efficiency of coordination; and
4747 (4) ensure that an extensive listing of providers is
4848 available for children and their families, including information
4949 regarding the services offered and the behavioral health issues
5050 addressed by the provider.
5151 (c) In order to facilitate the pilot project and identify
5252 children in accordance with Subsection (b)(1)(B), a local mental
5353 health authority serving Bexar County, the Department of State
5454 Health Services, the Department of Family and Protective Services,
5555 the Texas Youth Commission, the Texas Education Agency, and local
5656 school districts may, with the consent of the child's parents or
5757 guardians:
5858 (1) disclose information relating to a child,
5959 including information concerning the child's identity, needs,
6060 treatment, social, criminal, and educational history, probation or
6161 supervision status and compliance with the conditions of the
6262 child's probation or supervision, and medical or mental health
6363 history, if the disclosure serves a purpose of the pilot project;
6464 (2) accept information relating to a child that serves
6565 a purpose of the pilot project, regardless of whether other state
6666 law makes that information confidential; and
6767 (3) before sharing information under this section,
6868 enter into a memorandum of understanding with another local or
6969 state governmental entity to specify:
7070 (A) the types of information that may be
7171 exchanged among agencies under this section without violating any
7272 applicable provisions of federal law, including any federal funding
7373 requirements; and
7474 (B) the protocols for information sharing,
7575 including methods for ensuring the continued protection of
7676 confidential information by the recipient of the information.
7777 (d) This section does not affect the confidential status of
7878 the information being shared.
7979 (e) The department may use funds for crisis prevention
8080 programs in collaboration with funds from local authorities,
8181 including school districts and criminal justice agencies, to
8282 implement the pilot project.
8383 (f) Not later than December 1, 2010, the local mental health
8484 authority involved in the pilot project shall submit a report to the
8585 department regarding the local behavioral health intervention
8686 pilot project, including:
8787 (1) a comprehensive analysis of the efficacy of the
8888 project; and
8989 (2) the local authority's findings and
9090 recommendations.
9191 (g) This section expires September 1, 2011.
9292 SECTION 2. This Act takes effect September 1, 2009.