Bill Text: TX SB1857 | 2017-2018 | 85th Legislature | Engrossed


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: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2017-05-05 - Referred to Juvenile Justice & Family Issues [SB1857 Detail]

Download: Texas-2017-SB1857-Engrossed.html
 
 
  By: Whitmire, Garcia S.B. No. 1857
 
 
A BILL TO BE ENTITLED
 
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 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 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.
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