Texas 2017 - 85th Regular

Texas Senate Bill SB1857 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Whitmire, Garcia S.B. No. 1857
	1	+	By: Whitmire S.B. No. 1857
	2	+	(In the Senate - Filed March 10, 2017; March 23, 2017, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; April 10, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1857 By: Whitmire
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the exchange of certain information between the
7	14		Department of Family and Protective Services or certain foster care
8	15		services contractors and a state or local juvenile justice agency.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Section 58.0052, Family Code, is amended by
11	18		amending Subsection (a) and adding Subsections (b-1) and (b-2) to
12	19		read as follows:
13	20		(a) In this section:
14	21		(1) "Juvenile justice agency" has the meaning assigned
15	22		by Section 58.101.
16	23		(2) "Juvenile service provider" has the meaning
17	24		assigned by Section 58.0051.
18	25		(3) [(2)] "Multi-system youth" means a person who:
19	26		(A) is younger than 19 years of age; and
20	27		(B) has received services from two or more
21	28		juvenile service providers.
22	29		(4) [(3)] "Personal health information" means
23	30		personally identifiable information regarding a multi-system
24	31		youth's physical or mental health or the provision of or payment for
25	32		health care services, including case management services, to a
26	33		multi-system youth. The term does not include clinical
27	34		psychological notes or substance abuse treatment information.
28	35		(b-1) At the request of a state or local juvenile justice
29	36		agency, the Department of Family and Protective Services or a
30	37		single source continuum contractor who contracts with the
31	38		department to provide foster care services shall, not later than
32	39		the 14th business day after the date of the request, share with the
33	40		juvenile justice agency information in the possession of the
34	41		department or contractor that assists the agency in the
35	42		continuation of services for or providing services to a
36	43		multi-system youth who:
37	44		(1) is or has been in the temporary or permanent
38	45		managing conservatorship of the department;
39	46		(2) is or was the subject of a family-based safety
40	47		services case with the department;
41	48		(3) has been reported as an alleged victim of abuse or
42	49		neglect to the department;
43	50		(4) is the perpetrator in a case in which the
44	51		department investigation concluded that there was a reason to
45	52		believe that abuse or neglect occurred; or
46	53		(5) is a victim in a case in which the department
47	54		investigation concluded that there was a reason to believe that
48	55		abuse or neglect occurred.
49	56		(b-2) At the request of the Department of Family and
50	57		Protective Services or a single source continuum contractor who
51	58		contracts with the department to provide foster care services, a
52	59		state or local juvenile justice agency shall share with the
53	60		department or contractor information in the possession of the
54	61		juvenile justice agency that assists the department or contractor
55	62		in the continuation of services for or providing services to a
56	63		multi-system youth who is or has been in the custody or control of
57	64		the juvenile justice agency.
58	65		SECTION 2. This Act takes effect immediately if it receives
59	66		a vote of two-thirds of all the members elected to each house, as
60	67		provided by Section 39, Article III, Texas Constitution. If this
61	68		Act does not receive the vote necessary for immediate effect, this
62	69		Act takes effect September 1, 2017.
	70	+	* * * * *