By: Birdwell, et al. S.B. No. 907
(In the Senate - Filed February 15, 2017; February 28, 2017,
read first time and referred to Committee on Health & Human
Services; April 18, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
April 18, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 907 By: Kolkhorst
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 Subsection (c) to read as follows:
(c) With respect to a child who is removed from the child's
home, if a suitable relative or other designated caregiver is not
available, placing the child in a foster home or a general
residential operation operating as a cottage home is considered the
least restrictive setting.
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. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature.
SECTION 6. This Act takes effect September 1, 2017.
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