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A BILL TO BE ENTITLED
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AN ACT
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relating to provision of continuity of care services for youth with |
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mental illness or mental retardation who are paroled or discharged |
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from the Texas Youth Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.077, Human Resources Code, is amended |
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by adding subsection (g) to read as follows: |
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(a) The commission shall accept a child committed to the |
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commission who is mentally ill or mentally retarded. |
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(b) Unless a child is committed to the commission under a |
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determinate sentence under Section 54.04(d)(3), 54.04(m), or |
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54.05(f), Family Code, the commission shall discharge a child who |
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is mentally ill or mentally retarded from its custody if: |
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(1) the child has completed the minimum length of stay |
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for the child's committing offense; and |
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(2) the commission determines that the child is unable |
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to progress in the commission's rehabilitation programs because of |
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the child's mental illness or mental retardation. |
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(c) If a child who is discharged from the commission under |
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Subsection (b) as a result of mental illness is not receiving |
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court-ordered mental health services, the child's discharge is |
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effective on the earlier of: |
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(1) the date the court enters an order regarding an |
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application for mental health services filed under Section |
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61.0772(b); or |
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(2) the 30th day after the date the application is |
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filed. |
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(d) If a child who is discharged from the commission under |
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Subsection (b) as a result of mental illness is receiving court- |
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ordered mental health services, the child's discharge from the |
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commission is effective immediately. If the child is receiving |
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mental health services outside the child's home county, the |
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commission shall notify the mental health authority located in that |
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county of the discharge not later than the 30th day after the date |
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that the child's discharge is effective. |
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(e) If a child who is discharged from the commission under |
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Subsection (b) as a result of mental retardation is not receiving |
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mental retardation services, the child's discharge is effective on |
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the earlier of: |
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(1) the date the court enters an order regarding an |
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application for mental retardation services filed under Section |
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61.0772(c); or |
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(2) the 30th day after the date that the application is |
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filed. |
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(f) If a child who is discharged from the commission under |
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Subsection (b) as a result of mental retardation is receiving |
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mental retardation services, the child's discharge from the |
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commission is effective immediately. |
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(g) If a child with mental illness or mental retardation is |
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discharged from the commission under Subsections (b)-(f), the child |
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is eligible to receive continuity of care services from the Texas |
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Correctional Office on Offenders with Medical or Mental |
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Impairments. |
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SECTION 2. Section 61.0772, Human Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(a) The commission shall establish a system that identifies |
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children in the commission's custody who are mentally ill or |
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mentally retarded. |
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(b) Before a child who is identified as mentally ill is |
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discharged from the commission's custody under Section 61.077(b), a |
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commission psychiatrist shall examine the child. The commission |
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shall refer a child requiring outpatient psychiatric treatment to |
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the appropriate mental health authority. For a child requiring |
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inpatient psychiatric treatment, the commission shall file a sworn |
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application for court-ordered mental health services, as provided |
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in Subchapter C, Chapter 574, Health and Safety Code, if: |
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(1) the child is not receiving court-ordered mental |
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health services; and |
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(2) the psychiatrist who examined the child determines |
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that the child is mentally ill and the child meets at least one of |
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the criteria listed in Section 574.034, Health and Safety Code. |
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(c) Before a child who is identified as mentally retarded |
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under Chapter 593, Health and Safety Code, is discharged from the |
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commission's custody under Section 61.077(b), the commission shall |
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refer the child for mental retardation services if the child is not |
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receiving mental retardation services. |
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(d) Before a child with mental illness or mental retardation |
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is discharged from the commission, the commission shall refer the |
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child to the Texas Correctional Office on Offenders with Medical or |
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Mental Impairments for continuity of care services. |
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SECTION 3. Section 614.019, Health & Safety Code, is |
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amended by adding Subsections (b) and (c) to read as follows: |
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Sec. 614.019. PROGRAMS FOR JUVENILES. (a) The office, in |
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cooperation with the Texas Commission on Alcohol and Drug Abuse, |
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the Texas Department of Mental Health and Mental Retardation, the |
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Department of Protective and Regulatory Services, the Texas |
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Juvenile Probation Commission, the Texas Youth Commission, and the |
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Texas Education Agency, may establish and maintain programs, |
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building on existing successful efforts in communities, to address |
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prevention, intervention, and continuity of care for juveniles with |
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mental health and substance abuse disorders. |
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(b) A child with mental illness, who is receiving continuity |
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of care services during his or her parole from the Texas Youth |
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Commission and is not eligible to receive services from a local |
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mental health authority at the age of 17 or older because he or she |
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does not meet the criteria for adult services under Section |
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533.0352(a), Health and Safety Code, may continue to receive |
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continuity of care services until the child completes his or her |
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parole with the Texas Youth Commission. |
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(c) A child with mental illness or mental retardation, who |
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is discharged from the Texas Youth Commission under Section 61.077, |
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Human Resources Code, may receive continuity of care services for a |
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minimum of 90 days after discharge from the Texas Youth Commission |
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and thereafter until the child has demonstrated sufficient |
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stability to successfully transition to mental health or mental |
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retardation services provided by a local mental health and mental |
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retardation center. |
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SECTION 4. This Act takes effect September 1, 2009. |