Texas 2009 - 81st Regular

Texas Senate Bill SB639 Compare Versions

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1	1	By: Lucio, et al. S.B. No. 639
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the rights of persons with intellectual or
7	7	developmental disabilities residing in state schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 592, Health and Safety Code, is amended
10	10	by adding Subchapter E to read as follows:
11	11	SUBCHAPTER E. RIGHTS OF PERSONS RESIDING IN STATE SCHOOLS
12	12	Sec. 592.071. DEFINITIONS. In this subchapter:
13	13	(1) "State school" has the meaning assigned by Section
14	14	531.002.
15	15	(2) "State school resident bill of rights" means the
16	16	rights prescribed by this subchapter to which each resident of a
17	17	state school is entitled.
18	18	Sec. 592.072. RIGHTS GUARANTEED. (a) The rights
19	19	specifically listed in this subchapter are in addition to all other
20	20	rights that persons with intellectual or developmental
21	21	disabilities have and are not exclusive or intended to limit the
22	22	rights guaranteed by the constitution and laws of the United States
23	23	and this state.
24	24	(b) This subchapter may not be construed to authorize a
25	25	state school to take any action that would impair the health or
26	26	safety of any resident of that facility.
27	27	Sec. 592.073. LEGISLATIVE FINDINGS. The legislature
28	28	recognizes that all persons with intellectual or developmental
29	29	disabilities living in this state are entitled to the same rights
30	30	and privileges as any other person living in this state. It is the
31	31	policy of the state that all persons, regardless of disability, be
32	32	treated with dignity and respect. The legislature recognizes that
33	33	persons residing in state schools have the right to determine and
34	34	pursue their personal goals, dreams, and aspirations to be
35	35	contributing members of their communities.
36	36	Sec. 592.074. PURPOSE. The purpose of the state school
37	37	resident bill of rights is:
38	38	(1) to ensure the freedoms and rights of persons with
39	39	intellectual or developmental disabilities living in state
40	40	schools;
41	41	(2) to promote choice and self-determination;
42	42	(3) to protect the civil and constitutional rights of
43	43	residents in state schools consistent with federal and state laws;
44	44	and
45	45	(4) to ensure that residents receive adequate medical,
46	46	dental, and psychiatric interventions, care, and treatment in
47	47	accordance with acceptable standards of professional practice.
48	48	Sec. 592.075. STATE SCHOOL RESIDENT BILL OF RIGHTS. It is
49	49	the policy of the state that each person residing in a state school
50	50	has the following rights:
51	51	(1) to make decisions that impact the person's rights
52	52	and freedoms, or, if appropriate, to have a legally authorized
53	53	representative make those decisions;
54	54	(2) to be free from:
55	55	(A) physical or mechanical restraints, unless
56	56	necessary to prevent imminent physical injury to the person or
57	57	others and the use of the restraint is not prohibited by other law;
58	58	(B) restraint by a papoose board or a
59	59	straightjacket;
60	60	(C) medical restraint unless the medical
61	61	restraint is administered only when necessary and:
62	62	(i) as a therapeutic treatment prescribed
63	63	by a physician for the protection of the person's health;
64	64	(ii) during the performance of a specific
65	65	medical, surgical, or dental procedure; or
66	66	(iii) for client protection during a
67	67	medication-related emergency, as defined by Section 574.101;
68	68	(D) the administration of unnecessary or
69	69	excessive psychoactive medication, as defined by Section 574.101;
70	70	and
71	71	(E) temporary separation from others, unless
72	72	necessary to protect the health and safety of the person or others
73	73	and the use of the temporary separation is not prohibited by other
74	74	law;
75	75	(3) to be free from abuse, neglect, or exploitation,
76	76	including:
77	77	(A) corporal or physical punishment;
78	78	(B) sexual abuse; or
79	79	(C) emotional abuse;
80	80	(4) to refer all cases of confirmed abuse, neglect, or
81	81	exploitation to the appropriate prosecuting attorney for
82	82	prosecution of the perpetrator;
83	83	(5) to report incidents of abuse, neglect, or
84	84	exploitation in confidence using a private telephone or computer;
85	85	(6) to have a representative of the director of a state
86	86	school notify the person's legally authorized representative of an
87	87	allegation of abuse, neglect, or exploitation not more than 24
88	88	hours after the allegation is made;
89	89	(7) to have the results of any investigation regarding
90	90	an allegation of abuse, neglect, or exploitation be explained on
91	91	completion of the investigation to the person in a language and
92	92	format understandable to the person and, if applicable, to the
93	93	person's legally authorized representative by a representative of
94	94	the director of the state school;
95	95	(8) to report complaints about the state school, other
96	96	than complaints about abuse, neglect, or exploitation, and have
97	97	timely and appropriate resolution to those complaints;
98	98	(9) to live in the most integrated setting allowed by
99	99	law and based on the person's preferences, including:
100	100	(A) having the opportunity to make an informed
101	101	choice to move into a community with the necessary services and
102	102	supports;
103	103	(B) having access to community services while
104	104	waiting for a determination of eligibility for those services;
105	105	(C) choosing to participate in, and
106	106	participating in, community activities;
107	107	(D) having regular reviews of placement, if the
108	108	person was involuntarily committed to a state school;
109	109	(E) having access to well-developed, specialized
110	110	community programs for alleged offenders with disabilities
111	111	necessary to successfully reintegrate into the community, if
112	112	available and determined to be appropriate; and
113	113	(F) requesting planning meetings to review
114	114	community placement determinations or specific community options;
115	115	(10) to continue receiving services in a state school
116	116	if:
117	117	(A) the person's legally authorized
118	118	representative indicates a preference for the person continuing to
119	119	receive services in the state school; and
120	120	(B) the state school is not required to transfer,
121	121	furlough to an alternative placement, or discharge the person under
122	122	Section 594.011;
123	123	(11) to form healthy social relationships with other
124	124	persons;
125	125	(12) to receive quality assistive technology
126	126	assessments, equipment, and training, and for staff to have the
127	127	relevant training, necessary to ensure the person's successful
128	128	inclusion in major life activities, to the greatest extent
129	129	possible, including:
130	130	(A) communication;
131	131	(B) mobility;
132	132	(C) employment; and
133	133	(D) education;
134	134	(13) to a quality and productive life, including:
135	135	(A) the opportunity to pursue the employment or
136	136	education of the person's choice;
137	137	(B) a humane and safe living environment that
138	138	provides reasonable protection from harm;
139	139	(C) opportunities to participate in an
140	140	organization that advocates with and on behalf of people with
141	141	disabilities;
142	142	(D) opportunities to interact with individuals
143	143	with shared interests who do not reside at the state school,
144	144	including mentors, friends, and family, and individuals
145	145	participating in clubs, classes, and social groups;
146	146	(E) access to services or meetings of a religious
147	147	organization of the person's choosing, including weekly services or
148	148	meetings and services or meetings on the religious holy days of that
149	149	religion; and
150	150	(F) personal living space with privacy to the
151	151	greatest extent possible based on the person's individual needs;
152	152	(14) to have access to appropriate health and dental
153	153	care, including:
154	154	(A) a well-balanced diet;
155	155	(B) regular access to physical activity, with
156	156	supports as needed, in the least restrictive environment, with the
157	157	opportunity to go outdoors when preferred if possible; and
158	158	(C) preventative and emergency medical care;
159	159	(15) to have the person's legally authorized
160	160	representative notified of any significant medical, behavioral, or
161	161	social event that occurs in the person's life; and
162	162	(16) to be provided with a written copy of this state
163	163	school resident bill of rights in English and Spanish, to have the
164	164	opportunity to review this document with an advocate or individual
165	165	of the person's choosing, and to have the bill of rights explained
166	166	to the person in simple, nontechnical language in the person's
167	167	primary language, if possible.
168	168	Sec. 592.076. PROVISION OF BILL OF RIGHTS TO RESIDENTS.
169	169	(a) The department shall provide a written copy of the state
170	170	school resident bill of rights in English and Spanish and the
171	171	person's primary language, if possible, to each person living in a
172	172	state school and, if applicable, to the person's legally authorized
173	173	representative.
174	174	(b) The state school shall ensure that, not later than the
175	175	24th hour after the hour the person is admitted to the state school,
176	176	the rights specified in the state school resident bill of rights are
177	177	explained to the person and, if applicable, the person's legally
178	178	authorized representative. The facility's representative shall
179	179	explain the state school resident bill of rights to the person:
180	180	(1) orally, in simple, nontechnical terms, in the
181	181	person's primary language, if possible; or
182	182	(2) in another manner reasonably calculated to
183	183	communicate with the person.
184	184	(c) A state school shall prominently and conspicuously
185	185	display a copy of the state school resident bill of rights in
186	186	English and Spanish in a public area of the facility that is readily
187	187	accessible by the residents.
188	188	(d) The executive commissioner of the Health and Human
189	189	Services Commission shall adopt rules relating to the form of the
190	190	state school resident bill of rights.
191	191	SECTION 2. Subchapter B, Chapter 531, Government Code, is
192	192	amended by adding Section 531.02446 to read as follows:
193	193	Sec. 531.02446. DIVERSION PROTOCOLS TO PREVENT COMMITMENT
194	194	OF CHILDREN TO STATE SCHOOLS. (a) The executive commissioner by
195	195	rule shall develop protocols to divert individuals under 22 years
196	196	of age with intellectual or developmental disabilities from
197	197	commitment to a state school.
198	198	(b) The executive commissioner shall ensure that the
199	199	diversion protocols:
200	200	(1) are designed to eliminate the commitment to state
201	201	schools of individuals younger than 22 years of age; and
202	202	(2) state that individuals under 22 years of age
203	203	admitted to a state school must be placed there on a temporary
204	204	basis.
205	205	(c) As part of the diversion protocols, the executive
206	206	commissioner shall:
207	207	(1) establish policies ensuring that individuals
208	208	younger than 22 years of age are adequately informed of and offered
209	209	community-based alternatives before admission to a state school;
210	210	and
211	211	(2) subject to the availability of funds appropriated
212	212	for that purpose, contract for the provision of temporary,
213	213	emergency living arrangements for individuals younger than 22 years
214	214	of age at immediate risk of commitment to a state school.
215	215	(d) An entity awarded a contract under this section must
216	216	provide temporary, emergency living arrangements at homes, with no
217	217	more than six individuals placed in the home.
218	218	SECTION 3. (a) The executive commissioner of the Health
219	219	and Human Services Commission shall adopt the rules required by
220	220	Section 592.076, Health and Safety Code, as added by this Act, and
221	221	Section 531.02446, Government Code, as added by this Act, not later
222	222	than January 1, 2010.
223	223	(b) A state school is not required to provide or display the
224	224	state school resident bill of rights under Subchapter E, Chapter
225	225	592, Health and Safety Code, as added by this Act, before February
226	226	1, 2010.
227	227	SECTION 4. This Act takes effect September 1, 2009.