Bill Text: TX HB1521 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the exchange of certain information between the Department of Family and Protective Services or certain foster care services contractors and a state or local juvenile justice agency.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective immediately [HB1521 Detail]

Download: Texas-2017-HB1521-Enrolled.html
 
 
  H.B. No. 1521
 
 
 
 
AN ACT
  relating to the exchange of certain information between the
  Department of Family and Protective Services or certain foster care
  services contractors and a state or local juvenile justice agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.0052, Family Code, is amended by
  amending Subsection (a) and adding Subsections (b-1) and (b-2) to
  read as follows:
         (a)  In this section:
               (1)  "Juvenile justice agency" has the meaning assigned
  by Section 58.101.
               (2)  "Juvenile service provider" has the meaning
  assigned by Section 58.0051.
               (3) [(2)]  "Multi-system youth" means a person who:
                     (A)  is younger than 19 years of age; and
                     (B)  has received services from two or more
  juvenile service providers.
               (4) [(3)]  "Personal health information" means
  personally identifiable information regarding a multi-system
  youth's physical or mental health or the provision of or payment for
  health care services, including case management services, to a
  multi-system youth.  The term does not include clinical
  psychological notes or substance abuse treatment information.
         (b-1)  At the request of a state or local juvenile justice
  agency, the Department of Family and Protective Services or a
  single source continuum contractor who contracts with the
  department to provide foster care services shall, not later than
  the 14th business day after the date of the request, share with the
  juvenile justice agency information in the possession of the
  department or contractor that is necessary to improve and maintain
  community safety or that assists the agency in the continuation of
  services for or providing services to a multi-system youth who:
               (1)  is or has been in the temporary or permanent
  managing conservatorship of the department;
               (2)  is or was the subject of a family-based safety
  services case with the department;
               (3)  has been reported as an alleged victim of abuse or
  neglect to the department;
               (4)  is the perpetrator in a case in which the
  department investigation concluded that there was a reason to
  believe that abuse or neglect occurred; or
               (5)  is a victim in a case in which the department
  investigation concluded that there was a reason to believe that
  abuse or neglect occurred.
         (b-2)  At the request of the Department of Family and
  Protective Services or a single source continuum contractor who
  contracts with the department to provide foster care services, a
  state or local juvenile justice agency shall share with the
  department or contractor information in the possession of the
  juvenile justice agency that is necessary to improve and maintain
  community safety or that assists the department or contractor in
  the continuation of services for or providing services to a
  multi-system youth who is or has been in the custody or control of
  the juvenile justice agency.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1521 was passed by the House on May 4,
  2017, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1521 on May 26, 2017, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1521 on May 28, 2017, by the following vote:  Yeas 146,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1521 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1521 on May 28, 2017, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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