S.B. No. 1575
AN ACT
relating to assessment and oversight of children placed by the
Department of Family and Protective Services in a qualified
residential treatment program and a study regarding residential
treatment center placements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.00201 to read as follows:
Sec. 263.00201. REVIEW OF PLACEMENT IN QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. (a) In this section, "qualified
residential treatment program" has the meaning assigned by 42
U.S.C. Section 672(k)(4).
(b) Not later than the 60th day after the date the
department places a child in a qualified residential treatment
program, a court shall:
(1) consider any assessment, determination, and
documentation made by a qualified individual in accordance with 42
U.S.C. Section 675a(c) regarding the child's placement;
(2) determine whether the child's needs can be met
through placement in a foster home and, if not, whether:
(A) placing the child in a qualified residential
treatment program provides the most effective and appropriate level
of care for the child in the least restrictive environment; and
(B) placement in a qualified residential
treatment program is consistent with the short-term and long-term
goals for the child, as specified in the child's permanency plan;
and
(3) approve or disapprove the placement.
(c) Any written documentation prepared for the review of the
child's placement under this section and any documentation
regarding the determination and approval or disapproval of the
placement in a qualified residential treatment program by the court
under Subsection (b) shall be included in and made part of the
child's permanency plan.
(d) As long as a child remains in a qualified residential
treatment program, the department shall at the status review
hearing and each permanency hearing held with respect to the child
provide the court with information:
(1) demonstrating that:
(A) ongoing assessment of the strengths and needs
of the child continues to support the determination that the needs
of the child cannot be met through placement in a foster home;
(B) placement in a qualified residential
treatment program provides the most effective and appropriate level
of care for the child in the least restrictive environment; and
(C) the placement is consistent with the
short-term and long-term goals for the child, as specified in the
child's permanency plan;
(2) documenting the specific treatment or service
needs that will be met for the child in the placement and the length
of time the child is expected to need the treatment or services; and
(3) documenting the efforts made by the department to
prepare the child to return home or to be placed in a foster home or
with a fit and willing relative, legal guardian, or adoptive
parent.
(e) The department may include the information required by
Subsection (d) in any report the department is required to provide
to the court before the hearing.
(f) The review of a child's placement in a qualified
residential treatment program may be conducted through a remote
proceeding. For purposes of this subsection, "remote proceeding"
means a proceeding before a court in which one or more of the
participants, including a judge, party, attorney, witness, court
reporter, child, or other individual, attends the proceeding
remotely through the use of technology and the Internet.
SECTION 2. Section 264.018(a)(5), Family Code, is amended
to read as follows:
(5) "Significant event" means:
(A) a placement change, including failure by the
department to locate an appropriate placement for at least one
night;
(B) a significant change in medical condition;
(C) an initial prescription of a psychotropic
medication or a change in dosage of a psychotropic medication;
(D) a major change in school performance or a
serious disciplinary event at school; [or]
(E) a placement in a qualified residential
treatment program as that term is defined by 42 U.S.C. Section
672(k)(4); or
(F) any event determined to be significant under
department rule.
SECTION 3. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1077 to read as follows:
Sec. 264.1077. STUDY REGARDING RESIDENTIAL TREATMENT
CENTER PLACEMENT. (a) The Supreme Court of Texas Children's
Commission, in collaboration with the department, shall establish
and oversee a work group to examine the oversight of and best
practices related to residential treatment center placements,
including placements in qualified residential treatment programs
as that term is defined by 42 U.S.C. Section 672(k)(4). The work
group shall consider topics and changes to current practices the
work group determines necessary to ensure the appropriate use of
and to improve the transition into and out of residential treatment
center placements, including:
(1) statutorily required judicial review of
residential treatment center placements;
(2) fiscal implications of additional judicial review
for residential treatment center placements;
(3) methods for improving the state's practices
regarding the duration of residential treatment center placements,
including best practices for transition planning and involving
family and other relevant participants in preparing the child for a
subsequent placement;
(4) proposed statutory changes regarding appropriate
judicial findings, evidence required to be submitted by the
department, and recommendations for information to be gathered from
the child's attorney or guardian ad litem; and
(5) model court orders determined to be appropriate
for the legal requirements for a particular placement.
(b) Not later than October 1, 2022, the Supreme Court of
Texas Children's Commission shall submit a report to the
legislature regarding the findings and recommendations from the
work group established by Subsection (a).
(c) This section expires September 1, 2023.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1575 passed the Senate on
May 5, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1575 passed the House on
May 26, 2021, by the following vote: Yeas 146, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor