Texas 2021 - 87th Regular

Texas Senate Bill SB1575 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1575
	1	+	By: Kolkhorst S.B. No. 1575
	2	+	(Oliverson, Johnson of Dallas, Hinojosa, Rose)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to assessment and oversight of children placed by the
6	8		Department of Family and Protective Services in a qualified
7	9		residential treatment program and a study regarding residential
8	10		treatment center placements.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter A, Chapter 263, Family Code, is
11	13		amended by adding Section 263.00201 to read as follows:
12	14		Sec. 263.00201. REVIEW OF PLACEMENT IN QUALIFIED
13	15		RESIDENTIAL TREATMENT PROGRAM. (a) In this section, "qualified
14	16		residential treatment program" has the meaning assigned by 42
15	17		U.S.C. Section 672(k)(4).
16	18		(b) Not later than the 60th day after the date the
17	19		department places a child in a qualified residential treatment
18	20		program, a court shall:
19	21		(1) consider any assessment, determination, and
20	22		documentation made by a qualified individual in accordance with 42
21	23		U.S.C. Section 675a(c) regarding the child's placement;
22	24		(2) determine whether the child's needs can be met
23	25		through placement in a foster home and, if not, whether:
24	26		(A) placing the child in a qualified residential
25	27		treatment program provides the most effective and appropriate level
26	28		of care for the child in the least restrictive environment; and
27	29		(B) placement in a qualified residential
28	30		treatment program is consistent with the short-term and long-term
29	31		goals for the child, as specified in the child's permanency plan;
30	32		and
31	33		(3) approve or disapprove the placement.
32	34		(c) Any written documentation prepared for the review of the
33	35		child's placement under this section and any documentation
34	36		regarding the determination and approval or disapproval of the
35	37		placement in a qualified residential treatment program by the court
36	38		under Subsection (b) shall be included in and made part of the
37	39		child's permanency plan.
38	40		(d) As long as a child remains in a qualified residential
39	41		treatment program, the department shall at the status review
40	42		hearing and each permanency hearing held with respect to the child
41	43		provide the court with information:
42	44		(1) demonstrating that:
43	45		(A) ongoing assessment of the strengths and needs
44	46		of the child continues to support the determination that the needs
45	47		of the child cannot be met through placement in a foster home;
46	48		(B) placement in a qualified residential
47	49		treatment program provides the most effective and appropriate level
48	50		of care for the child in the least restrictive environment; and
49	51		(C) the placement is consistent with the
50	52		short-term and long-term goals for the child, as specified in the
51	53		child's permanency plan;
52	54		(2) documenting the specific treatment or service
53	55		needs that will be met for the child in the placement and the length
54	56		of time the child is expected to need the treatment or services; and
55	57		(3) documenting the efforts made by the department to
56	58		prepare the child to return home or to be placed in a foster home or
57	59		with a fit and willing relative, legal guardian, or adoptive
58	60		parent.
59	61		(e) The department may include the information required by
60	62		Subsection (d) in any report the department is required to provide
61	63		to the court before the hearing.
62	64		(f) The review of a child's placement in a qualified
63	65		residential treatment program may be conducted through a remote
64	66		proceeding. For purposes of this subsection, "remote proceeding"
65	67		means a proceeding before a court in which one or more of the
66	68		participants, including a judge, party, attorney, witness, court
67	69		reporter, child, or other individual, attends the proceeding
68	70		remotely through the use of technology and the Internet.
69	71		SECTION 2. Section 264.018(a)(5), Family Code, is amended
70	72		to read as follows:
71	73		(5) "Significant event" means:
72	74		(A) a placement change, including failure by the
73	75		department to locate an appropriate placement for at least one
74	76		night;
75	77		(B) a significant change in medical condition;
76	78		(C) an initial prescription of a psychotropic
77	79		medication or a change in dosage of a psychotropic medication;
78	80		(D) a major change in school performance or a
79	81		serious disciplinary event at school; [or]
80	82		(E) a placement in a qualified residential
81	83		treatment program as that term is defined by 42 U.S.C. Section
82	84		672(k)(4); or
83	85		(F) any event determined to be significant under
84	86		department rule.
85	87		SECTION 3. Subchapter B, Chapter 264, Family Code, is
86	88		amended by adding Section 264.1077 to read as follows:
87	89		Sec. 264.1077. STUDY REGARDING RESIDENTIAL TREATMENT
88	90		CENTER PLACEMENT. (a) The Supreme Court of Texas Children's
89	91		Commission, in collaboration with the department, shall establish
90	92		and oversee a work group to examine the oversight of and best
91	93		practices related to residential treatment center placements,
92	94		including placements in qualified residential treatment programs
93	95		as that term is defined by 42 U.S.C. Section 672(k)(4). The work
94	96		group shall consider topics and changes to current practices the
95	97		work group determines necessary to ensure the appropriate use of
96	98		and to improve the transition into and out of residential treatment
97	99		center placements, including:
98	100		(1) statutorily required judicial review of
99	101		residential treatment center placements;
100	102		(2) fiscal implications of additional judicial review
101	103		for residential treatment center placements;
102	104		(3) methods for improving the state's practices
103	105		regarding the duration of residential treatment center placements,
104	106		including best practices for transition planning and involving
105	107		family and other relevant participants in preparing the child for a
106	108		subsequent placement;
107	109		(4) proposed statutory changes regarding appropriate
108	110		judicial findings, evidence required to be submitted by the
109	111		department, and recommendations for information to be gathered from
110	112		the child's attorney or guardian ad litem; and
111	113		(5) model court orders determined to be appropriate
112	114		for the legal requirements for a particular placement.
113	115		(b) Not later than October 1, 2022, the Supreme Court of
114	116		Texas Children's Commission shall submit a report to the
115	117		legislature regarding the findings and recommendations from the
116	118		work group established by Subsection (a).
117	119		(c) This section expires September 1, 2023.
118	120		SECTION 4. This Act takes effect September 1, 2021.
119		-	______________________________ ______________________________
120		-	President of the Senate Speaker of the House
121		-	I hereby certify that S.B. No. 1575 passed the Senate on
122		-	May 5, 2021, by the following vote: Yeas 31, Nays 0.
123		-	______________________________
124		-	Secretary of the Senate
125		-	I hereby certify that S.B. No. 1575 passed the House on
126		-	May 26, 2021, by the following vote: Yeas 146, Nays 1, two
127		-	present not voting.
128		-	______________________________
129		-	Chief Clerk of the House
130		-	Approved:
131		-	______________________________
132		-	Date
133		-	______________________________
134		-	Governor