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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of the least restrictive environment for |
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the placement of children in foster care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.001(a), Family Code, is amended by |
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amending Subdivision (3-a) and adding Subdivision (3-b) to read as |
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follows: |
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(3-a) "Least restrictive setting" means a placement |
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for a child that, in comparison to all other available placements, |
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is the most family-like setting. |
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(3-b) "Physician assistant" has the meaning assigned |
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by Section 157.051, Occupations Code. |
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SECTION 2. Section 263.001, Family Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) With respect to a child who is older than six years of |
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age and who is removed from the child's home, if a suitable relative |
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or other designated caregiver is not available as a placement for |
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the child, placing the child in a foster home or a general |
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residential operation operating as a cottage home is considered the |
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least restrictive setting. |
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(d) With respect to a child who is six years of age or |
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younger and who is removed from the child's home, if a suitable |
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relative or other designated caregiver is not available as a |
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placement for the child, the least restrictive setting for the |
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child is placement in: |
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(1) a foster home; or |
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(2) a general residential operation operating as a |
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cottage home, only if the department determines it is in the best |
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interest of the child. |
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SECTION 3. Section 264.001, Family Code, is amended by |
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adding Subdivision (3-a) to read as follows: |
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(3-a) "Least restrictive setting" means a placement |
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for a child that, in comparison to all other available placements, |
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is the most family-like setting. |
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SECTION 4. Section 264.107, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In selecting a placement for a child, the department |
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shall consider whether the placement is in the child's best |
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interest. In determining whether a placement is in a child's best |
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interest, the department shall consider whether the placement: |
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(1) is the least restrictive setting for the child; |
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(2) is the closest in geographic proximity to the |
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child's home; |
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(3) is the most able to meet the identified needs of |
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the child; and |
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(4) satisfies any expressed interests of the child |
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relating to placement, when developmentally appropriate. |
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SECTION 5. (a) This Act takes effect only if a specific |
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appropriation for the implementation of the Act is provided in a |
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general appropriations act of the 85th Legislature. |
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(b) If the Department of Family and Protective Services |
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receives a formal determination from the United States Department |
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of Health and Human Services stating that implementing the changes |
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in law made by this Act will result in a reduction in federal |
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funding under either Title IV-E, Social Security Act (42 U.S.C. |
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Section 670, et seq.) or a related source of federal funds, the |
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Department of Family and Protective Services may not implement this |
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Act. |
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(c) For the purpose of Subsection (b) of this section, |
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"formal determination" means a written opinion or penalty |
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assessment contained in a Child and Family Services Review |
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conducted by the Administration for Children and Families in the |
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United States Department of Health and Human Services regarding the |
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federal funding implications of the implementation of this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |