| 1 | 1 | | 88R2754 AMF-D |
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| 2 | 2 | | By: West S.B. No. 137 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a counseling and crisis management program for relative |
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| 8 | 8 | | or other designated caregivers and children in the managing |
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| 9 | 9 | | conservatorship of the Department of Family and Protective |
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| 10 | 10 | | Services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter I, Chapter 264, Family Code, is |
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| 13 | 13 | | amended by adding Section 264.7553 to read as follows: |
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| 14 | 14 | | Sec. 264.7553. COUNSELING AND CRISIS MANAGEMENT PROGRAM FOR |
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| 15 | 15 | | RELATIVE OR OTHER DESIGNATED CAREGIVER PLACEMENTS. (a) The |
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| 16 | 16 | | department shall develop a counseling and crisis management program |
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| 17 | 17 | | to provide mental and behavioral telehealth services and mobile |
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| 18 | 18 | | mental and behavioral health intervention services to relative or |
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| 19 | 19 | | other designated caregivers and children in the managing |
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| 20 | 20 | | conservatorship of the department who are placed with relative or |
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| 21 | 21 | | other designated caregivers. |
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| 22 | 22 | | (b) Mental and behavioral telehealth services provided |
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| 23 | 23 | | under this section must be: |
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| 24 | 24 | | (1) accessible electronically through the use of a |
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| 25 | 25 | | computer or telephone application; and |
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| 26 | 26 | | (2) available 24 hours a day, seven days a week. |
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| 27 | 27 | | (c) Mobile mental and behavioral health intervention |
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| 28 | 28 | | services provided under this section must be: |
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| 29 | 29 | | (1) deployed to the location of the child or the |
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| 30 | 30 | | relative or other designated caregiver requiring intervention |
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| 31 | 31 | | services; and |
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| 32 | 32 | | (2) available 24 hours a day, seven days a week. |
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| 33 | 33 | | (d) Services described by this section may only be provided |
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| 34 | 34 | | by: |
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| 35 | 35 | | (1) a licensed psychologist; |
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| 36 | 36 | | (2) a licensed marriage and family therapist, as |
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| 37 | 37 | | defined by Section 502.002, Occupations Code; |
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| 38 | 38 | | (3) a licensed professional counselor, as defined by |
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| 39 | 39 | | Section 503.002, Occupations Code; |
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| 40 | 40 | | (4) a licensed clinical social worker, as defined by |
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| 41 | 41 | | Section 505.002, Occupations Code; or |
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| 42 | 42 | | (5) any similarly qualified mental health |
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| 43 | 43 | | professional as established by department rule. |
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| 44 | 44 | | (e) The department shall, to the extent possible, seek |
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| 45 | 45 | | reimbursement from the medical assistance program under Chapter 32, |
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| 46 | 46 | | Human Resources Code, or a health plan that provides health |
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| 47 | 47 | | coverage for services described by this section to relative or |
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| 48 | 48 | | other designated caregivers and children. |
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| 49 | 49 | | (f) The department may contract with an outside vendor to |
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| 50 | 50 | | provide services described by this section. |
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| 51 | 51 | | (g) The commissioner shall adopt rules necessary to |
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| 52 | 52 | | implement this section. |
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| 53 | 53 | | SECTION 2. (a) As soon as practicable after the effective |
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| 54 | 54 | | date of this Act, the commissioner of the Department of Family and |
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| 55 | 55 | | Protective Services shall adopt the rules necessary to implement |
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| 56 | 56 | | Section 264.7553, Family Code, as added by this Act. |
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| 57 | 57 | | (b) The Department of Family and Protective Services shall |
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| 58 | 58 | | begin providing the services required under Section 264.7553, |
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| 59 | 59 | | Family Code, as added by this Act, as follows: |
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| 60 | 60 | | (1) mental and behavioral telehealth services, not |
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| 61 | 61 | | later than January 1, 2024; and |
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| 62 | 62 | | (2) mobile mental and behavioral health intervention |
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| 63 | 63 | | services, not later than January 1, 2025. |
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| 64 | 64 | | SECTION 3. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2023. |
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