85R19494 MK-D
 
  By: Price, Frullo, Romero, Jr., Bernal, H.B. No. 1542
      Klick, et al.
 
  Substitute the following for H.B. No. 1542:
 
  By:  Keough C.S.H.B. No. 1542
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 Subsection (c) to read as follows:
         (c)  With respect to a child who is removed from the child's
  home, if a suitable relative or other designated caregiver is not
  available, placing the child in a foster home or a general
  residential operation operating as a cottage home is considered the
  least restrictive setting.
         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.  This Act takes effect September 1, 2017.