81R6441 JSC-D
By: Lucio S.B. No. 639
A BILL TO BE ENTITLED
AN ACT
relating to the rights of persons with intellectual or
developmental disabilities residing in state residential care
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 592, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. RIGHTS OF PERSONS RESIDING IN STATE RESIDENTIAL
CARE FACILITIES
Sec. 592.071. DEFINITIONS. In this subchapter:
(1) "State residential care facility" means a
residential care facility operated by the department.
(2) "State residential care facility resident bill of
rights" means the rights prescribed by this subchapter to which
each resident of a state residential care facility is entitled.
Sec. 592.072. RIGHTS GUARANTEED. (a) The rights
specifically listed in this subchapter are in addition to all other
rights that persons with intellectual or developmental
disabilities have and are not exclusive or intended to limit the
rights guaranteed by the constitution and laws of the United States
and this state.
(b) This subchapter may not be construed to authorize a
state residential care facility to take any action that would
impair the health or safety of any resident of that facility.
Sec. 592.073. LEGISLATIVE FINDINGS. The legislature
recognizes that all persons with intellectual or developmental
disabilities living in this state are entitled to the same rights
and privileges as any other person living in this state. It is the
policy of the state that all persons, regardless of disability, be
treated with dignity and respect. The legislature recognizes that
persons residing in state residential care facilities have the
right to determine and pursue their personal goals, dreams, and
aspirations to be contributing members of their communities.
Sec. 592.074. PURPOSE. The purpose of the state
residential care facility resident bill of rights is:
(1) to ensure the freedoms and rights of persons with
intellectual or developmental disabilities living in state
residential care facilities;
(2) to promote choice and self-determination; and
(3) to protect the civil and constitutional rights of
residents in state residential care facilities consistent with
federal and state laws and in accordance with acceptable standards
of professional practice.
Sec. 592.075. STATE RESIDENTIAL CARE FACILITY RESIDENT BILL
OF RIGHTS. It is the policy of the state that each person residing
in a state residential care facility has the following rights:
(1) to make decisions that impact the person's rights
and freedoms, or, if appropriate, to have a legal guardian or, if
the person is a minor, a parent make those decisions;
(2) to be free from abuse, neglect, and exploitation,
including:
(A) physical restraints, unless necessary to
protect the health or safety of the person or others and the use of
the restraint is not prohibited by other law;
(B) mechanical restraints, including a papoose
board or a straightjacket;
(C) medical restraint, including administration
of psychotropic medication, unless the medication is administered
in accordance with other law and there is a proven need for that
medication for the health and safety of the person or the health and
safety of others;
(D) isolation from others, unless necessary to
protect the health and safety of the person or others and the use of
the isolation is not prohibited by other law;
(E) corporal or physical punishment;
(F) sexual abuse; or
(G) emotional abuse;
(3) to seek immediate prosecution of a perpetrator of
abuse, neglect, or exploitation;
(4) to report incidents of abuse, neglect, or
exploitation in confidence using a private telephone or computer;
(5) to have the facility notify the person's legal
guardian or, if the person is a minor, the person's parent of an
allegation of abuse, neglect, or exploitation not more than 24
hours after the allegation is made;
(6) to have the results of any investigation regarding
an allegation of abuse, neglect, or exploitation be explained in a
clear and timely fashion by a department representative on
completion of the investigation;
(7) to report complaints about the state residential
care facility, other than complaints about abuse, neglect, or
exploitation, and have timely and appropriate resolution to those
complaints;
(8) to live in the least restrictive setting
appropriate to the person's individual needs and abilities and the
most integrated setting possible, including:
(A) having the opportunity to make an informed
choice to move into a community with the necessary services and
supports;
(B) having access to community services while
waiting for a determination of eligibility for those services;
(C) choosing to participate in, and
participating in, community activities;
(D) having regular reviews of placement, if the
person was placed in a state residential care facility by the
justice system;
(E) having access to well-developed, specialized
community programs for offenders with disabilities necessary to
successfully reintegrate into the community, if applicable; and
(F) requesting planning meetings to review
community placement determinations or specific community options;
(9) to engage in age-appropriate, healthy
interpersonal relationships with other persons based on mutual
consent;
(10) to receive high quality assistive technology
assessments, equipment, and training, and for staff to have the
relevant training, necessary to ensure the person's successful
inclusion in major life activities, to the greatest extent
possible, including:
(A) communication;
(B) mobility;
(C) employment; and
(D) education;
(11) to a quality and productive life, including:
(A) the opportunity to pursue employment or
education of the person's choice;
(B) freedom from unsafe living conditions at the
state residential care facility in which the person resides;
(C) opportunities to participate in an
organization that advocates with and on behalf of people with
disabilities;
(D) opportunities to interact with individuals
with shared interests who do not reside at the state residential
care facility, including mentors, friends, and family, and
individuals participating in clubs, classes, and social groups;
(E) access to services or meetings of a religious
organization of the person's choosing, including weekly services or
meetings and services or meetings on the religious holy days of that
religion; and
(F) personal living space with privacy to the
greatest extent possible based on the person's individual needs;
(12) to have access to appropriate health care,
including:
(A) a well-balanced diet;
(B) regular access to physical activity, with
supports as needed, in the least restrictive environment, with the
opportunity to go outdoors when preferred if possible;
(C) preventative and emergency medical care; and
(D) behavioral interventions;
(13) to reside in a community-based alternative with
supports and services if the person desires, if this is possible
considering the individual's disability;
(14) to have the person's legal guardian or, if the
person is a minor, the person's parent notified of any significant
medical, behavioral, or social event that occurs in the person's
life; and
(15) to be provided with a written copy of this Bill of
Rights in English and Spanish and to have the opportunity to review
this document with an advocate or individual of the person's
choosing.
Sec. 592.076. PROVISION OF BILL OF RIGHTS TO RESIDENTS. (a)
The department shall provide a written copy of the state
residential care facility resident bill of rights in English and
Spanish to each person living in a state residential care facility
and, if applicable, to the person's legal guardian or, if the person
is a minor, the person's parent.
(b) A state residential care facility shall prominently and
conspicuously display a copy of the state residential care facility
resident bill of rights in English and Spanish in a public area of
the facility that is readily accessible by the residents.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt rules relating to the form of the
state residential care facility resident bill of rights.
Sec. 592.077. PROHIBITED PLACEMENT. A person who is
younger than 22 years of age who is admitted to a state residential
care facility on a temporary basis may not reside in the facility
for more than 60 days. As soon as practicable after the temporary
placement, the department shall place the person in a family
setting with the necessary supports and services.
SECTION 2. (a) The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
592.076, Health and Safety Code, as added by this Act, not later
than January 1, 2010.
(b) A state school is not required to provide or display the
state residential care facility resident bill of rights under
Subchapter E, Chapter 592, Health and Safety Code, as added by this
Act, before February 1, 2010.
SECTION 3. This Act takes effect September 1, 2009.