Texas 2017 - 85th Regular

Texas Senate Bill SB907 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell, et al. S.B. No. 907
2		-	(In the Senate - Filed February 15, 2017; February 28, 2017,
3		-	read first time and referred to Committee on Health & Human
4		-	Services; April 18, 2017, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 1;
6		-	April 18, 2017, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 907 By: Kolkhorst
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the definition of the least restrictive environment for
14	7		the placement of children in foster care.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 263.001(a), Family Code, is amended by
17	10		amending Subdivision (3-a) and adding Subdivision (3-b) to read as
18	11		follows:
19	12		(3-a) "Least restrictive setting" means a placement
20	13		for a child that, in comparison to all other available placements,
21	14		is the most family-like setting.
22	15		(3-b) "Physician assistant" has the meaning assigned
23	16		by Section 157.051, Occupations Code.
24	17		SECTION 2. Section 263.001, Family Code, is amended by
25		-	adding Subsection (c) to read as follows:
26		-	(c) With respect to a child who is removed from the child's
27		-	home, if a suitable relative or other designated caregiver is not
28		-	available, placing the child in a foster home or a general
	18	+	adding Subsections (c) and (d) to read as follows:
	19	+	(c) With respect to a child who is older than six years of
	20	+	age and who is removed from the child's home, if a suitable relative
	21	+	or other designated caregiver is not available as a placement for
	22	+	the child, placing the child in a foster home or a general
29	23		residential operation operating as a cottage home is considered the
30	24		least restrictive setting.
	25	+	(d) With respect to a child who is six years of age or
	26	+	younger and who is removed from the child's home, if a suitable
	27	+	relative or other designated caregiver is not available as a
	28	+	placement for the child, the least restrictive setting for the
	29	+	child is placement in:
	30	+	(1) a foster home; or
	31	+	(2) a general residential operation operating as a
	32	+	cottage home, only if the department determines it is in the best
	33	+	interest of the child.
31	34		SECTION 3. Section 264.001, Family Code, is amended by
32	35		adding Subdivision (3-a) to read as follows:
33	36		(3-a) "Least restrictive setting" means a placement
34	37		for a child that, in comparison to all other available placements,
35	38		is the most family-like setting.
36	39		SECTION 4. Section 264.107, Family Code, is amended by
37	40		adding Subsection (c) to read as follows:
38	41		(c) In selecting a placement for a child, the department
39	42		shall consider whether the placement is in the child's best
40	43		interest. In determining whether a placement is in a child's best
41	44		interest, the department shall consider whether the placement:
42	45		(1) is the least restrictive setting for the child;
43	46		(2) is the closest in geographic proximity to the
44	47		child's home;
45	48		(3) is the most able to meet the identified needs of
46	49		the child; and
47	50		(4) satisfies any expressed interests of the child
48	51		relating to placement, when developmentally appropriate.
49		-	SECTION 5. This Act takes effect only if a specific
	52	+	SECTION 5. (a) This Act takes effect only if a specific
50	53		appropriation for the implementation of the Act is provided in a
51	54		general appropriations act of the 85th Legislature.
	55	+	(b) If the Department of Family and Protective Services
	56	+	receives a formal determination from the United States Department
	57	+	of Health and Human Services stating that implementing the changes
	58	+	in law made by this Act will result in a reduction in federal
	59	+	funding under either Title IV-E, Social Security Act (42 U.S.C.
	60	+	Section 670, et seq.) or a related source of federal funds, the
	61	+	Department of Family and Protective Services may not implement this
	62	+	Act.
	63	+	(c) For the purpose of Subsection (b) of this section,
	64	+	"formal determination" means a written opinion or penalty
	65	+	assessment contained in a Child and Family Services Review
	66	+	conducted by the Administration for Children and Families in the
	67	+	United States Department of Health and Human Services regarding the
	68	+	federal funding implications of the implementation of this Act.
52	69		SECTION 6. This Act takes effect September 1, 2017.
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