By: Whitmire S.B. No. 1857
(In the Senate - Filed March 10, 2017; March 23, 2017, read
first time and referred to Committee on Criminal Justice;
April 10, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 10, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1857 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the exchange of certain information between the
Department of Family and Protective Services or certain foster care
services contractors and a state or local juvenile justice agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.0052, Family Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (b-2) to
read as follows:
(a) In this section:
(1) "Juvenile justice agency" has the meaning assigned
by Section 58.101.
(2) "Juvenile service provider" has the meaning
assigned by Section 58.0051.
(3) [(2)] "Multi-system youth" means a person who:
(A) is younger than 19 years of age; and
(B) has received services from two or more
juvenile service providers.
(4) [(3)] "Personal health information" means
personally identifiable information regarding a multi-system
youth's physical or mental health or the provision of or payment for
health care services, including case management services, to a
multi-system youth. The term does not include clinical
psychological notes or substance abuse treatment information.
(b-1) At the request of a state or local juvenile justice
agency, the Department of Family and Protective Services or a
single source continuum contractor who contracts with the
department to provide foster care services shall, not later than
the 14th business day after the date of the request, share with the
juvenile justice agency information in the possession of the
department or contractor that assists the agency in the
continuation of services for or providing services to a
multi-system youth who:
(1) is or has been in the temporary or permanent
managing conservatorship of the department;
(2) is or was the subject of a family-based safety
services case with the department;
(3) has been reported as an alleged victim of abuse or
neglect to the department;
(4) is the perpetrator in a case in which the
department investigation concluded that there was a reason to
believe that abuse or neglect occurred; or
(5) is a victim in a case in which the department
investigation concluded that there was a reason to believe that
abuse or neglect occurred.
(b-2) At the request of the Department of Family and
Protective Services or a single source continuum contractor who
contracts with the department to provide foster care services, a
state or local juvenile justice agency shall share with the
department or contractor information in the possession of the
juvenile justice agency that assists the department or contractor
in the continuation of services for or providing services to a
multi-system youth who is or has been in the custody or control of
the juvenile justice agency.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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