Bill Text: TX HB1542 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the definition of the least restrictive environment for the placement of children in foster care.
Spectrum: Strong Partisan Bill (Republican 26-2)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1542 Detail]
Download: Texas-2017-HB1542-Engrossed.html
Bill Title: Relating to the definition of the least restrictive environment for the placement of children in foster care.
Spectrum: Strong Partisan Bill (Republican 26-2)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1542 Detail]
Download: Texas-2017-HB1542-Engrossed.html
By: Price, Frullo, Romero, Jr., Bernal, | H.B. No. 1542 | |
Klick, et al. |
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relating to the definition of the least restrictive environment for | ||
the placement of children in foster care. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 263.001(a), Family Code, is amended by | ||
amending Subdivision (3-a) and adding Subdivision (3-b) to read as | ||
follows: | ||
(3-a) "Least restrictive setting" means a placement | ||
for a child that, in comparison to all other available placements, | ||
is the most family-like setting. | ||
(3-b) "Physician assistant" has the meaning assigned | ||
by Section 157.051, Occupations Code. | ||
SECTION 2. Section 263.001, Family Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) With respect to a child who is older than six years of | ||
age and who is removed from the child's home, if a suitable relative | ||
or other designated caregiver is not available as a placement for | ||
the child, placing the child in a foster home or a general | ||
residential operation operating as a cottage home is considered the | ||
least restrictive setting. | ||
(d) With respect to a child who is six years of age or | ||
younger and who is removed from the child's home, if a suitable | ||
relative or other designated caregiver is not available as a | ||
placement for the child, the least restrictive setting for the | ||
child is placement in: | ||
(1) a foster home; or | ||
(2) a general residential operation operating as a | ||
cottage home, only if the department determines it is in the best | ||
interest of the child. | ||
SECTION 3. Section 264.001, Family Code, is amended by | ||
adding Subdivision (3-a) to read as follows: | ||
(3-a) "Least restrictive setting" means a placement | ||
for a child that, in comparison to all other available placements, | ||
is the most family-like setting. | ||
SECTION 4. Section 264.107, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In selecting a placement for a child, the department | ||
shall consider whether the placement is in the child's best | ||
interest. In determining whether a placement is in a child's best | ||
interest, the department shall consider whether the placement: | ||
(1) is the least restrictive setting for the child; | ||
(2) is the closest in geographic proximity to the | ||
child's home; | ||
(3) is the most able to meet the identified needs of | ||
the child; and | ||
(4) satisfies any expressed interests of the child | ||
relating to placement, when developmentally appropriate. | ||
SECTION 5. (a) If the Department of Family and Protective | ||
Services receives a formal determination from the United States | ||
Department of Health and Human Services stating that implementing | ||
the changes in law made by this Act will result in a reduction in | ||
federal funding under either Title IV-E, Social Security Act (42 | ||
U.S.C. Section 670 et seq.) or a related source of federal funds, | ||
the Department of Family and Protective Services may not implement | ||
this Act. | ||
(b) For the purpose of Subsection (a) of this section, | ||
"formal determination" means a written opinion or penalty | ||
assessment contained in a Child and Family Services Review | ||
conducted by the Administration for Children and Families in the | ||
United States Department of Health and Human Services regarding the | ||
federal funding implications of the implementation of this Act. | ||
SECTION 6. This Act takes effect September 1, 2017. |