By: Price, et al. (Senate Sponsor - Birdwell) H.B. No. 1542
(In the Senate - Received from the House May 8, 2017;
May 15, 2017, read first time and referred to Committee on Health &
Human Services; May 19, 2017, reported favorably by the following
vote: Yeas 7, Nays 1; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the definition of the least restrictive environment for
the placement of children in foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.001(a), Family Code, is amended by
amending Subdivision (3-a) and adding Subdivision (3-b) to read as
follows:
(3-a) "Least restrictive setting" means a placement
for a child that, in comparison to all other available placements,
is the most family-like setting.
(3-b) "Physician assistant" has the meaning assigned
by Section 157.051, Occupations Code.
SECTION 2. Section 263.001, Family Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) With respect to a child who is older than six years of
age and who is removed from the child's home, if a suitable relative
or other designated caregiver is not available as a placement for
the child, placing the child in a foster home or a general
residential operation operating as a cottage home is considered the
least restrictive setting.
(d) With respect to a child who is six years of age or
younger and who is removed from the child's home, if a suitable
relative or other designated caregiver is not available as a
placement for the child, the least restrictive setting for the
child is placement in:
(1) a foster home; or
(2) a general residential operation operating as a
cottage home, only if the department determines it is in the best
interest of the child.
SECTION 3. Section 264.001, Family Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Least restrictive setting" means a placement
for a child that, in comparison to all other available placements,
is the most family-like setting.
SECTION 4. Section 264.107, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) In selecting a placement for a child, the department
shall consider whether the placement is in the child's best
interest. In determining whether a placement is in a child's best
interest, the department shall consider whether the placement:
(1) is the least restrictive setting for the child;
(2) is the closest in geographic proximity to the
child's home;
(3) is the most able to meet the identified needs of
the child; and
(4) satisfies any expressed interests of the child
relating to placement, when developmentally appropriate.
SECTION 5. (a) If the Department of Family and Protective
Services receives a formal determination from the United States
Department of Health and Human Services stating that implementing
the changes in law made by this Act will result in a reduction in
federal funding under either Title IV-E, Social Security Act (42
U.S.C. Section 670 et seq.) or a related source of federal funds,
the Department of Family and Protective Services may not implement
this Act.
(b) For the purpose of Subsection (a) of this section,
"formal determination" means a written opinion or penalty
assessment contained in a Child and Family Services Review
conducted by the Administration for Children and Families in the
United States Department of Health and Human Services regarding the
federal funding implications of the implementation of this Act.
SECTION 6. This Act takes effect September 1, 2017.
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