S.B. No. 195
AN ACT
relating to collecting and reporting by the Department of Family
and Protective Services and the Health and Human Services
Commission of certain information relating to certain alcohol and
controlled substance use and treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.007(a), Family Code, is amended to
read as follows:
(a) The health history of the child must include information
about:
(1) the child's health status at the time of placement;
(2) the child's birth, neonatal, and other medical,
psychological, psychiatric, and dental history information,
including to the extent known by the Department of Family and
Protective Services based on the information collected under
Section 264.019 [department]:
(A) whether the child's birth mother consumed
alcohol during pregnancy; and
(B) whether the child has been diagnosed with
fetal alcohol spectrum disorder;
(3) a record of immunizations for the child; and
(4) the available results of medical, psychological,
psychiatric, and dental examinations of the child.
SECTION 2. Subchapter A, Chapter 264, Family Code, is
amended by adding Section 264.019 to read as follows:
Sec. 264.019. COLLECTION AND REPORTING OF ALCOHOL AND
CONTROLLED SUBSTANCE STATISTICS. (a) The department shall
collect the following information and update the department's
automated case tracking and information management system to allow
caseworkers to record:
(1) the number of children reported to the department
who at birth tested positive for the presence of alcohol or a
controlled substance;
(2) the controlled substances for which the children
described by Subdivision (1) tested positive;
(3) the number of children described by Subdivision
(1) who were removed from their homes and have been diagnosed as
having a disability or chronic medical condition resulting from the
presence of alcohol or controlled substances; and
(4) the number of parents who test positive for the
presence of a controlled substance during a department
investigation of a report of abuse or neglect of the parent's child.
(b) Not later than November 1 of each year, the department
shall:
(1) prepare for the preceding year a report
containing:
(A) the information collected under Subsection
(a); and
(B) the data collected under Section 531.02143,
Government Code;
(2) post a copy of the report prepared under
Subdivision (1) on the department's Internet website; and
(3) electronically submit to the legislature a copy of
the report.
(c) The commissioner of the department shall adopt rules
necessary to implement this section.
(d) The department is required to implement this section in
a state fiscal biennium only if the commissioner of the department
determines that the legislature has specifically appropriated an
amount sufficient to update the department's automated case
tracking and information management system. If the commissioner of
the department does not make that determination, the department
shall implement this section not later than the date of the
department's next update of the automated case tracking and
information management system.
SECTION 3. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02143 to read as follows:
Sec. 531.02143. DATA REGARDING POSTNATAL ALCOHOL AND
CONTROLLED SUBSTANCE TREATMENT. (a) The commission shall collect
hospital discharge data for Medicaid recipients regarding
treatment of a newborn child for prenatal exposure to alcohol or a
controlled substance.
(b) The commission shall provide the data collected under
Subsection (a) to the Department of Family and Protective Services.
SECTION 4. This Act takes effect January 1, 2020.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 195 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 195 passed the House on
May 17, 2019, by the following vote: Yeas 141, Nays 6, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor