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Highlights 77th Texas Legislature - Senate

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_____ HEALTH AND HUMAN<br />

ERVICES/Children/Children<br />

UMAN SERVICES<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

Getting Children Out of Institutionalized Care - S.B. 368<br />

by Senator Zaffirini, et al.<br />

House Sponsors: Representatives Maxey and Naishtat<br />

Currently, there are more than 1,200 children under the age of 21 residing in various <strong>Texas</strong> institutions,<br />

including intermediate care facilities for people with mental retardation (ICF-MRs) and nursing homes. As<br />

an alternative to institutionalization, permanency planning is a process undertaken on behalf of children<br />

with developmental disabilities that attempts to ensure that all children live with a family. Unfortunately, the<br />

Children's Long-term Care Policy Council concluded that the absence of standardized rules, regulations,<br />

and polices among health and human service agencies present barriers to implementing sound<br />

permanency planning.<br />

Requires the Health and Human Services Commission (HHSC) and other agencies to develop uniform<br />

permanency planning procedures for each child with a developmental disability younger than 22 years of<br />

age in a <strong>Texas</strong> institution.<br />

Requires the Department of Protective and Regulatory Services (DPRS) to develop a permanency plan for<br />

each child for whom DPRS has been appointed permanent managing conservator.<br />

Requires the Department of Human Services or the Department of Mental Health and Mental Retardation<br />

to designate a person to serve as a volunteer advocate for a child residing in an institution to assist in<br />

developing a permanency plan for the child.<br />

Requires a state agency that receives notice of a child's placement in an institution to ensure that the child<br />

is also placed on a waiting list for Medicaid waiver program services.<br />

Provides that the chief executive officer of each agency or the officer's designee (CEO) must approve the<br />

placement of a child in an institution. The child may continue to reside in the institution only if the CEO<br />

reviews the case and recommends continued placement every six months and the commissioner of health<br />

and human services approves of the extension.<br />

Requires each agency or the agency's designee to determine the extent to which a nursing home,<br />

institution, or ICF-MR is complying with the permanency planning requirements as a part of each<br />

inspection, survey, or investigation of those institutions.<br />

Fatherhood Initiative - S.B. 875<br />

by Senator West<br />

House Sponsors: Representative Raymond, et al.<br />

The benefits derived from participation by a father in his child’s life are well-documented.<br />

Adds to the list of goals that must be included in the coordinated strategic plan for health and human<br />

services the goal of encouraging full participation of fathers in programs and services relating to children.<br />

<strong>Senate</strong> Research Center 117

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