By: A. Johnson of Harris, Jetton, Garcia,	H.B. No. 4091
	Campos

	A BILL TO BE ENTITLED
	AN ACT
	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) [(1)]  with mental illness or who
	demonstrates symptoms of a serious emotional disorder; and
	(B) [(2)]  who presents a risk of serious harm to
	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.