Bill Text: TX HB4091 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to a request for admission to a specialty inpatient stabilization treatment program by the Department of Family and Protective Services of certain minors in the managing conservatorship of the department.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-24 - Placed on intent calendar [HB4091 Detail]
Download: Texas-2023-HB4091-Comm_Sub.html
| By: A. Johnson of Harris, et al. | H.B. No. 4091 | |
| (Senate Sponsor - Kolkhorst) | ||
| (In the Senate - Received from the House May 8, 2023; | ||
| May 11, 2023, read first time and referred to Committee on Health & | ||
| Human Services; May 19, 2023, reported favorably by the following | ||
| vote: Yeas 7, Nays 1; May 19, 2023, sent to printer.) | ||
| COMMITTEE VOTE | ||
| YeaNayAbsentPNV | ||
| KolkhorstX | ||
| PerryX | ||
| BlancoX | ||
| HallX | ||
| HancockX | ||
| HughesX | ||
| LaMantiaX | ||
| MilesX | ||
| SparksX | ||
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| relating to a request for admission to a specialty inpatient | ||
| stabilization treatment program by the Department of Family and | ||
| Protective Services of certain minors in the managing | ||
| conservatorship of the department. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 572.001, Health and Safety Code, is | ||
| amended by amending Subsection (c-2) and adding Subsections (c-5), | ||
| (c-6), (c-7), and (c-8) to read as follows: | ||
| (c-2) The Department of Family and Protective Services may | ||
| request the admission to an inpatient mental health facility of a | ||
| minor in the managing conservatorship of that department only if: | ||
| (1) a physician states the physician's opinion, and | ||
| the detailed reasons for that opinion, that the minor is a person: | ||
| (A) [ |
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| demonstrates symptoms of a serious emotional disorder; and | ||
| (B) [ |
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| self or others if not immediately restrained or hospitalized; or | ||
| (2) for a minor who is at least 13 years of age and not | ||
| older than 17 years of age, a court, after reviewing any relevant | ||
| evidence, including a physician's opinion and detailed reasons for | ||
| that opinion, determines that the minor is a person whose mental | ||
| health has deteriorated to the point where the minor would benefit | ||
| from admission into a specialty inpatient stabilization treatment | ||
| program designed specifically to meet the mental health needs of | ||
| minors who need further treatment to successfully transition into a | ||
| residential treatment program or another less restrictive foster | ||
| care setting. | ||
| (c-5) The admission of a minor to a specialty inpatient | ||
| stabilization treatment program under Subsection (c-2) is subject | ||
| to review by a court under Section 263.002, Family Code. | ||
| (c-6) If a minor is or may be placed in a specialty | ||
| stabilization treatment program under Subsection (c-2), the court | ||
| shall determine whether: | ||
| (1) the child's needs can be met through placement in a | ||
| family-like setting; | ||
| (2) the placement can provide the most effective and | ||
| appropriate level of care for the child; and | ||
| (3) the placement is the least restrictive setting | ||
| consistent with the child's best interest and individual needs. | ||
| (c-7) In making a determination under Subsection (c-6), the | ||
| court may consider: | ||
| (1) medical, psychological, or psychiatric | ||
| assessments; | ||
| (2) the child's current treatment plan and progress | ||
| made under that plan; | ||
| (3) any significant medical, legal, or behavioral | ||
| incidents involving the child; | ||
| (4) the reasons for the child's discharge from any | ||
| previous placement or the child's current placement; | ||
| (5) the programs available at the facility to address | ||
| the child's needs; | ||
| (6) the facility's plan to discharge the child after | ||
| treatment; | ||
| (7) whether other programs may meet the child's needs | ||
| more effectively; and | ||
| (8) any other information that would assist the court | ||
| in making its determination. | ||
| (c-8) Not later than December 1 of each year, the Department | ||
| of Family and Protective Services shall submit a report to the | ||
| governor, lieutenant governor, and speaker of the house of | ||
| representatives regarding the admission of minors to a specialty | ||
| inpatient stabilization treatment program under Subsection (c-2), | ||
| including: | ||
| (1) the number of total minors admitted to the | ||
| program; | ||
| (2) which courts decided to admit a minor to the | ||
| program; | ||
| (3) the location of each program where a minor was | ||
| admitted; and | ||
| (4) the outcomes of minors admitted to each facility, | ||
| including: | ||
| (A) the number of minors served; | ||
| (B) the average length of inpatient admission; | ||
| (C) the outcomes of minors discharged from the | ||
| program; and | ||
| (D) any recommendations to improve the program. | ||
| 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, 2023. | ||
| * * * * * | ||
