87R13056 MCK-F
By: Neave H.B. No. 4041
A BILL TO BE ENTITLED
AN ACT
relating to a suicide prevention policy in residential child-care
facilities and child-placing agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0433 to read as follows:
Sec. 42.0433. SUICIDE PREVENTION, INTERVENTION, AND
POSTVENTION PLAN. (a) In this section, "postvention" has the
meaning assigned by Section 38.351, Education Code.
(b) The executive commissioner by rule shall adopt a model
suicide prevention, intervention, and postvention policy for use by
a residential child-care facility. The model policy must:
(1) be based on current and best evidence-based
practices;
(2) require all employees of the facility to receive
annual suicide prevention training that includes understanding of
safety planning and screening for risk;
(3) promote suicide prevention training for
non-employee entities, as appropriate; and
(4) include procedures to support children who return
to the facility following hospitalization for a mental health
condition.
(c) Each residential child-care facility shall adopt a
suicide prevention, intervention, and postvention policy. A
residential child-care facility may adopt:
(1) the model policy adopted by the executive
commissioner under Subsection (b); or
(2) another suicide prevention, intervention, and
postvention policy approved by the executive commissioner.
(d) The suicide prevention, intervention, and postvention
policy adopted under Subsection (c) may be part of a broader mental
health crisis plan if the components of the plan include suicide
prevention, intervention, and postvention.
(e) The commission shall provide to a residential
child-care facility any technical assistance necessary to adopt or
implement a suicide prevention, intervention, and postvention
policy.
SECTION 2. Section 42.252(c), Human Resources Code, is
amended to read as follows:
(c) The operational plan must include:
(1) a community engagement plan to develop and, if
necessary, improve relations between the general residential
operation and the community in which the operation is located that
includes:
(A) a summary of any discussions the operation
had with:
(i) local law enforcement; and
(ii) local health, therapeutic, and
recreational resources available to support children at the
operation; and
(B) a summary of the opportunities the children
at the operation will have for social interaction in the community;
(2) an educational plan describing the applicant's
plan to provide for the educational needs of the children at the
general residential operation that:
(A) identifies whether the proposed operation
will provide for the public or private education of school-age
children at the operation;
(B) identifies whether the proposed operation
will provide for the education of school-age children through a
local school, off-site charter school, or on-site charter school;
(C) includes any discussions, plans, and
agreements with the local school district, private school, or local
charter school that will be providing education to the school-age
children at the operation; and
(D) if the children are to be enrolled in a public
school, includes either:
(i) a statement from the local independent
school district on the impact of the proposed child-care services
on the local school district; or
(ii) an explanation of the reasons the
operation was unable to obtain a statement described by
Subparagraph (i) and a discussion of other alternative educational
services that the operation could offer;
(3) a trauma-informed plan to address unauthorized
absences of children from the general residential operation; [and]
(4) a suicide prevention, intervention, and
postvention plan that meets the requirements of Section 42.0433;
and
(5) the qualifications, background, and history,
including any compliance history, of each individual who is
proposed to be involved in:
(A) the management of the operation; and
(B) the educational leadership of the operation
if the operation will be using an on-site charter school.
SECTION 3. Not later than July 1, 2022, the
executive commissioner of the Health and Human Services Commission
shall adopt the model suicide prevention, intervention, and
postvention policy required by Section 42.0433, Human Resources
Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.