Texas 2017 - 85th Regular

Texas House Bill HB1542 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Price, et al. (Senate Sponsor - Birdwell) H.B. No. 1542
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 15, 2017, read first time and referred to Committee on Health &
4		-	Human Services; May 19, 2017, reported favorably by the following
5		-	vote: Yeas 7, Nays 1; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1542
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the definition of the least restrictive environment for
12	6		the placement of children in foster care.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 263.001(a), Family Code, is amended by
15	9		amending Subdivision (3-a) and adding Subdivision (3-b) to read as
16	10		follows:
17	11		(3-a) "Least restrictive setting" means a placement
18	12		for a child that, in comparison to all other available placements,
19	13		is the most family-like setting.
20	14		(3-b) "Physician assistant" has the meaning assigned
21	15		by Section 157.051, Occupations Code.
22	16		SECTION 2. Section 263.001, Family Code, is amended by
23	17		adding Subsections (c) and (d) to read as follows:
24	18		(c) With respect to a child who is older than six years of
25	19		age and who is removed from the child's home, if a suitable relative
26	20		or other designated caregiver is not available as a placement for
27	21		the child, placing the child in a foster home or a general
28	22		residential operation operating as a cottage home is considered the
29	23		least restrictive setting.
30	24		(d) With respect to a child who is six years of age or
31	25		younger and who is removed from the child's home, if a suitable
32	26		relative or other designated caregiver is not available as a
33	27		placement for the child, the least restrictive setting for the
34	28		child is placement in:
35	29		(1) a foster home; or
36	30		(2) a general residential operation operating as a
37	31		cottage home, only if the department determines it is in the best
38	32		interest of the child.
39	33		SECTION 3. Section 264.001, Family Code, is amended by
40	34		adding Subdivision (3-a) to read as follows:
41	35		(3-a) "Least restrictive setting" means a placement
42	36		for a child that, in comparison to all other available placements,
43	37		is the most family-like setting.
44	38		SECTION 4. Section 264.107, Family Code, is amended by
45	39		adding Subsection (c) to read as follows:
46	40		(c) In selecting a placement for a child, the department
47	41		shall consider whether the placement is in the child's best
48	42		interest. In determining whether a placement is in a child's best
49	43		interest, the department shall consider whether the placement:
50	44		(1) is the least restrictive setting for the child;
51	45		(2) is the closest in geographic proximity to the
52	46		child's home;
53	47		(3) is the most able to meet the identified needs of
54	48		the child; and
55	49		(4) satisfies any expressed interests of the child
56	50		relating to placement, when developmentally appropriate.
57	51		SECTION 5. (a) If the Department of Family and Protective
58	52		Services receives a formal determination from the United States
59	53		Department of Health and Human Services stating that implementing
60	54		the changes in law made by this Act will result in a reduction in
61	55		federal funding under either Title IV-E, Social Security Act (42
62	56		U.S.C. Section 670 et seq.) or a related source of federal funds,
63	57		the Department of Family and Protective Services may not implement
64	58		this Act.
65	59		(b) For the purpose of Subsection (a) of this section,
66	60		"formal determination" means a written opinion or penalty
67	61		assessment contained in a Child and Family Services Review
68	62		conducted by the Administration for Children and Families in the
69	63		United States Department of Health and Human Services regarding the
70	64		federal funding implications of the implementation of this Act.
71	65		SECTION 6. This Act takes effect September 1, 2017.
72		-	* * * * *
	66	+	______________________________ ______________________________
	67	+	President of the Senate Speaker of the House
	68	+	I certify that H.B. No. 1542 was passed by the House on May 8,
	69	+	2017, by the following vote: Yeas 134, Nays 11, 1 present, not
	70	+	voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	I certify that H.B. No. 1542 was passed by the Senate on May
	74	+	23, 2017, by the following vote: Yeas 28, Nays 3.
	75	+	______________________________
	76	+	Secretary of the Senate
	77	+	APPROVED: _____________________
	78	+	Date
	79	+	_____________________
	80	+	Governor