1-1                                   AN ACT
 1-2     relating to permanency planning procedures for children in state
 1-3     institutions and to family-based alternatives to the
 1-4     institutionalization of children.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 531, Government Code, as
 1-7     added by Chapter 241, Acts of the 75th Legislature, Regular
 1-8     Session, 1997, is amended to read as follows:
 1-9                     SUBCHAPTER D.  PERMANENCY PLANNING
1-10           Sec. 531.151.  DEFINITIONS.  In this subchapter:
1-11                 (1)  "Child" means a person with a developmental
1-12     disability who is younger than 22 years of age.
1-13                 (2)  "Community resource coordination group" means a
1-14     coordination group established under the memorandum of
1-15     understanding adopted under Section 264.003, Family Code.
1-16                 (3)  "Institution" means:
1-17                       (A)  an ICF-MR, as defined by Section 531.002,
1-18     Health and Safety Code;
1-19                       (B)  a group home operated under the authority of
1-20     the Texas Department of Mental Health and Mental Retardation,
1-21     including a residential service provider under a Medicaid waiver
1-22     program authorized under Section 1915(c) of the federal Social
1-23     Security Act (42 U.S.C. Section 1396n), as amended, that provides
1-24     services at a residence other than the child's home or foster home;
1-25                       (C)  a foster group home or an agency foster
 2-1     group home as defined by Section 42.002, Human Resources Code;
 2-2                       (D)  a nursing facility;
 2-3                       (E)  an institution for the mentally retarded
 2-4     [(C)  a residential facility] licensed by the Department of
 2-5     Protective and Regulatory Services; or
 2-6                       (F) [(D)]  another residential arrangement other
 2-7     than a foster home as defined by Section 42.002, Human Resources
 2-8     Code, that provides care to four or more children who are unrelated
 2-9     to each other.
2-10                 (4) [(2)]  "Permanency planning" means a philosophy and
2-11     planning process that focuses on the outcome of family support by
2-12     facilitating a permanent living arrangement with the primary
2-13     feature of an enduring and nurturing parental relationship.
2-14           Sec. 531.152.  POLICY STATEMENT.  It is the policy of the
2-15     state to strive to ensure that the basic needs for safety,
2-16     security, and stability are met for each child in Texas.  A
2-17     successful family is the most efficient and effective way to meet
2-18     those needs.  The state and local communities must work together to
2-19     provide encouragement and support for well-functioning families and
2-20     ensure that each child receives the benefits of being a part of a
2-21     successful permanent family as soon as possible.
2-22           Sec. 531.153.  DEVELOPMENT OF PERMANENCY PLAN.  (a)  To
2-23     further the policy stated in Section 531.152 and except as provided
2-24     by Subsection (b), the commission and each appropriate health and
2-25     human services agency shall develop procedures to ensure that a
2-26     permanency plan is developed for each child who resides [residing]
 3-1     in an institution in this state on a temporary or long-term basis
 3-2     or with respect to [for] whom the commission or appropriate health
 3-3     and human services agency is notified in advance that institutional
 3-4     care is sought.
 3-5           (b)  The Department of Protective and Regulatory Services
 3-6     shall develop a permanency plan as required by this subchapter for
 3-7     each child who resides in an institution in this state for whom the
 3-8     department has been appointed permanent managing conservator.  The
 3-9     department is not required to develop a permanency plan under this
3-10     subchapter for a child for whom the department has been appointed
3-11     temporary managing conservator, but may incorporate the
3-12     requirements of this subchapter in a permanency plan developed for
3-13     the child under Section 263.3025, Family Code.
3-14           (c)  In developing procedures under Subsection (a), the
3-15     commission and other appropriate health and human services agencies
3-16     shall develop to the extent possible uniform procedures applicable
3-17     to each of the agencies and each child who is the subject of a
3-18     permanency plan that promote efficiency for the agencies and
3-19     stability for each child.
3-20           (d)  In implementing permanency planning procedures under
3-21     Subsection (a) to develop a permanency plan for each child, the
3-22     Texas Department of Human Services, the Texas Department of Mental
3-23     Health and Mental Retardation, and the Department of Protective and
3-24     Regulatory Services may:
3-25                 (1)  delegate each department's duty to develop a
3-26     permanency plan to a local mental retardation authority, as defined
 4-1     by Section 531.002, Health and Safety Code, or enter into a
 4-2     memorandum of understanding with the local mental retardation
 4-3     authority to develop the permanency plan for each child who resides
 4-4     in an institution in this state or with respect to whom the
 4-5     department is notified in advance that institutional care is
 4-6     sought;
 4-7                 (2)  contract with a private entity, other than an
 4-8     entity that provides mental retardation services to a child who
 4-9     resides in an institution in this state or with respect to whom the
4-10     department is notified in advance that institutional care is
4-11     sought, to develop a permanency plan for that child; or
4-12                 (3)  engage in other appropriate activities to minimize
4-13     the potential conflicts of interest that, in developing the plan,
4-14     may exist or arise between:
4-15                       (A)  the child's mental retardation services
4-16     provider, if applicable; and
4-17                       (B)  the best interest of the child.
4-18           (e)  The Texas Department of Human Services, the Texas
4-19     Department of Mental Health and Mental Retardation, and the
4-20     Department of Protective and Regulatory Services may solicit and
4-21     accept gifts, grants, and donations to support the development of
4-22     permanency plans for children residing in institutions by
4-23     individuals or organizations not employed by or affiliated with
4-24     those institutions.
4-25           (f)  A health and human services agency that contracts with a
4-26     private entity under Subsection (d) to develop a permanency plan
 5-1     shall ensure that the entity is provided training regarding the
 5-2     permanency planning philosophy under Section 531.151 and available
 5-3     resources that will assist a child residing in an institution in
 5-4     making a successful transition to a community-based residence.
 5-5           Sec. 531.154.  NOTIFICATION REQUIRED.  (a)  Not later than
 5-6     the third day after the date a child is initially placed in an
 5-7     institution, the institution shall notify:
 5-8                 (1)  the Texas Department of Human Services, if the
 5-9     child is placed in a nursing home;
5-10                 (2)  the local mental retardation authority, as defined
5-11     by Section 531.002, Health and Safety Code, where the institution
5-12     is located, if the child:
5-13                       (A)  is placed in an ICF-MR, as defined by
5-14     Section 531.002, Health and Safety Code; or
5-15                       (B)  is placed by a state or local child
5-16     protective services agency in an institution for the mentally
5-17     retarded licensed by the Department of Protective and Regulatory
5-18     Services;
5-19                 (3)  the community resource coordination group in the
5-20     county of residence of a parent or guardian of the child;
5-21                 (4)  if the child is at least three years of age, the
5-22     school district for the area in which the institution is located;
5-23     and
5-24                 (5)  if the child is less than three years of age, the
5-25     local early intervention program for the area in which the
5-26     institution is located.
 6-1           (b)  The Texas Department of Human Services shall notify the
 6-2     local mental retardation authority, as defined by Section 531.002,
 6-3     Health and Safety Code, of a child's placement in a nursing home if
 6-4     the child is known or suspected to suffer from mental retardation
 6-5     or another disability for which the child may receive services
 6-6     through the Texas Department of Mental Health and Mental
 6-7     Retardation.
 6-8           Sec. 531.155.  OFFER OF SERVICES.  Each entity receiving
 6-9     notice of the initial placement of a child in an institution under
6-10     Section 531.154 may contact the child's parent or guardian to
6-11     ensure that the parent or guardian is aware of:
6-12                 (1)  services and support that could provide
6-13     alternatives to placement of the child in the institution;
6-14                 (2)  available placement options; and
6-15                 (3)  opportunities for permanency planning.
6-16           Sec. 531.156.  DESIGNATION OF ADVOCATE.  (a)  Except as
6-17     provided by Subsection (b), the Texas Department of Human Services
6-18     shall designate a person, including a member of a community-based
6-19     organization, to serve as a volunteer advocate for a child residing
6-20     in an institution to assist in developing a permanency plan for the
6-21     child if:
6-22                 (1)  the child's parent or guardian requests the
6-23     assistance of an advocate; or
6-24                 (2)  the institution in which the child is placed
6-25     cannot locate the child's parent or guardian.
6-26           (b)  The Texas Department of Mental Health and Mental
 7-1     Retardation shall designate the person to serve as a volunteer
 7-2     advocate for a child in accordance with Subsection (a) if the child
 7-3     resides in an institution operated by the department.
 7-4           (c)  The person designated by the Texas Department of Human
 7-5     Services or the Texas Department of Mental Health and Mental
 7-6     Retardation to serve as the child's volunteer advocate under this
 7-7     section may be:
 7-8                 (1)  a person selected by the child's parent or
 7-9     guardian, except that the person may not be employed by or under a
7-10     contract with the institution in which the child resides;
7-11                 (2)  an adult relative of the child; or
7-12                 (3)  a representative of a child advocacy group.
7-13           (d)  The Texas Department of Human Services or the Texas
7-14     Department of Mental Health and Mental Retardation, as appropriate,
7-15     shall provide to each person designated to serve as a child's
7-16     volunteer advocate information regarding permanency planning under
7-17     this subchapter.
7-18           Sec. 531.157.  COMMUNITY-BASED SERVICES.  A state agency that
7-19     receives notice of a child's placement in an institution shall
7-20     ensure that, on or before the third day after the date the agency
7-21     is notified of the child's placement in the institution, the child
7-22     is also placed on a waiting list for waiver program services under
7-23     Section 1915(c) of the federal Social Security Act (42 U.S.C.
7-24     Section 1396n), as amended, appropriate to the child's needs.
7-25           Sec. 531.158.  LOCAL PERMANENCY PLANNING SITES.  The
7-26     commission shall develop an implementation system that consists
 8-1     initially of four or more local sites and that is designed to
 8-2     coordinate planning for a permanent living arrangement and
 8-3     relationship for a child with a family.  In developing the system,
 8-4     the commission shall:
 8-5                 (1)  include criteria to identify children who need
 8-6     permanency plans;
 8-7                 (2)  require the establishment of a permanency plan for
 8-8     each child who lives outside the child's family or for whom care or
 8-9     protection is sought in an institution;
8-10                 (3)  include a process to determine the agency or
8-11     entity responsible for developing and overseeing implementation of
8-12     a child's permanency plan;
8-13                 (4)  identify, blend, and use funds from all available
8-14     sources to provide customized services and programs to implement a
8-15     child's permanency plan;
8-16                 (5)  clarify and expand the role of a local community
8-17     resource coordination group in ensuring accountability for a child
8-18     who resides in an institution or who is at risk of being placed in
8-19     an institution;
8-20                 (6)  require reporting of each placement or potential
8-21     placement of a child in an institution or other living arrangement
8-22     outside of the child's home; and
8-23                 (7)  assign in each local permanency planning site area
8-24     a single gatekeeper for all children in the area for whom placement
8-25     in an institution through a program funded by the state is sought
8-26     with authority to ensure that:
 9-1                       (A)  family members of each child are aware of:
 9-2                             (i)  intensive services that could prevent
 9-3     placement of the child in an institution; and
 9-4                             (ii)  available placement options; and
 9-5                       (B)  permanency planning is initiated for each
 9-6     child.
 9-7           Sec. 531.159.  MONITORING OF PERMANENCY PLANNING EFFORTS.
 9-8     (a)  The commission and each appropriate health and human services
 9-9     agency shall require a person who develops a permanency plan for a
9-10     child residing in an institution to identify and document in the
9-11     child's permanency plan all ongoing permanency planning efforts at
9-12     least semiannually to ensure that, as soon as possible, the child
9-13     will benefit from a permanent living arrangement with an enduring
9-14     and nurturing parental relationship.
9-15           (b)  The chief executive officer of each appropriate health
9-16     and human services agency or the officer's designee must approve
9-17     the placement of a child in an institution.  The initial placement
9-18     of the child in the institution is temporary and may not exceed six
9-19     months unless the appropriate chief executive officer or the
9-20     officer's designee approves an extension of an additional six
9-21     months after conducting a review of documented permanency planning
9-22     efforts to unite the child with a family in a permanent living
9-23     arrangement.  After the initial six-month extension of a child's
9-24     placement in an institution approved under this subsection, the
9-25     chief executive officer or the officer's designee shall conduct a
9-26     review of the child's placement in the institution at least
 10-1    semiannually to determine whether a continuation of that placement
 10-2    is warranted.  If, based on the review, the chief executive officer
 10-3    or the officer's designee determines that an additional extension
 10-4    is warranted, the officer or the officer's designee shall recommend
 10-5    to the commissioner that the child continue residing in the
 10-6    institution.
 10-7          (c)  On receipt of a recommendation made under Subsection (b)
 10-8    for an extension of a child's placement, the commissioner, the
 10-9    commissioner's designee, or another person with whom the commission
10-10    contracts shall conduct a review of the child's placement.  Based
10-11    on the results of the review, the commissioner or the
10-12    commissioner's designee may approve a six-month extension of the
10-13    child's placement if the extension is appropriate.
10-14          (d)  The child may continue residing in the institution after
10-15    the six-month extension approved under Subsection (c) only if the
10-16    chief executive officer of the appropriate health and human
10-17    services agency or the officer's designee makes subsequent
10-18    recommendations as provided by Subsection (b) for each additional
10-19    six-month extension and the commissioner or the commissioner's
10-20    designee approves each extension as provided by Subsection (c).
10-21          (e)  The commissioner or the commissioner's designee shall
10-22    conduct a semiannual review of data received from health and human
10-23    services agencies regarding all children who reside in institutions
10-24    in this state.  The commissioner, the commissioner's designee, or a
10-25    person with whom the commission contracts shall also review the
10-26    recommendations of the chief executive officers of each appropriate
 11-1    health and human services agency or the officer's designee if the
 11-2    officer or the officer's designee repeatedly recommends that
 11-3    children continue residing in an institution.
 11-4          (f)  The commission by rule shall develop procedures by which
 11-5    to conduct the reviews required by Subsections (c), (d), and (e).
 11-6    In developing the procedures, the commission shall seek input from
 11-7    the work group on children's long-term care and health programs
 11-8    established under Section 22.035, Human Resources Code.
 11-9          Sec. 531.160.  INSPECTIONS.  As part of each inspection,
11-10    survey, or investigation of an institution, including a nursing
11-11    home, institution for the mentally retarded licensed by the
11-12    Department of Protective and Regulatory Services, or ICF-MR, as
11-13    defined by Section 531.002, Health and Safety Code, in which a
11-14    child resides, the agency or the agency's designee shall determine
11-15    the extent to which the nursing home, institution, or ICF-MR is
11-16    complying with the permanency planning requirements under this
11-17    subchapter.
11-18          Sec. 531.161.  ACCESS TO RECORDS.  Each institution in which
11-19    a child resides shall allow the commission and appropriate health
11-20    and human services agencies access to the child's records to assist
11-21    the commission or agency in complying with the requirements of this
11-22    subchapter.
11-23          Sec. 531.162 [531.155].  PERMANENCY REPORTING.  (a)  For each
11-24    of the local permanency planning sites, the commission shall
11-25    develop a reporting system under which each appropriate health and
11-26    human services agency responsible for permanency planning under
 12-1    this subchapter is required to provide to the commission
 12-2    semiannually:
 12-3                (1)  the number of permanency plans developed by the
 12-4    agency for children residing in institutions or children at risk of
 12-5    being placed in institutions;
 12-6                (2)  progress achieved in implementing permanency
 12-7    plans;
 12-8                (3)  the number of children served by the agency
 12-9    residing in institutions;
12-10                (4)  the number of children served by the agency at
12-11    risk of being placed in an institution served by the local
12-12    permanency planning sites;
12-13                (5)  the number of children served by the agency
12-14    reunited with their families or placed with alternate permanent
12-15    families; and
12-16                (6)  cost data related to the development and
12-17    implementation of permanency plans.
12-18          (b)  The commissioner shall submit a semiannual report to the
12-19    governor and the committees of each house of the legislature that
12-20    have primary oversight jurisdiction over health and human services
12-21    agencies regarding:
12-22                (1)  the number of children residing in institutions in
12-23    this state and, of those children, the number for whom a
12-24    recommendation has been made for a transition to a community-based
12-25    residence but who have not yet made that transition;
12-26                (2)  the circumstances of each child described by
 13-1    Subdivision (1), including the type of institution and name of the
 13-2    institution in which the child resides, the child's age, the
 13-3    residence of the child's parents or guardians, and the length of
 13-4    time in which the child has resided in the institution;
 13-5                (3)  the number of permanency plans developed for
 13-6    children residing in institutions in this state, the progress
 13-7    achieved in implementing those plans, and barriers to implementing
 13-8    those plans;
 13-9                (4)  the number of children who previously resided in
13-10    an institution in this state and have made the transition to a
13-11    community-based residence;
13-12                (5)  the number of children who previously resided in
13-13    an institution in this state and have been reunited with their
13-14    families or placed with alternate families;
13-15                (6)  the community supports that resulted in the
13-16    successful placement of children described by Subdivision (5) with
13-17    alternate families; and
13-18                (7)  the community supports that are unavailable but
13-19    necessary to address the needs of children who continue to reside
13-20    in an institution in this state after being recommended to make a
13-21    transition from the institution to an alternate family or
13-22    community-based residence.
13-23          Sec. 531.163.  EFFECT ON OTHER LAW.  This subchapter does not
13-24    affect responsibilities imposed by federal or other state law on a
13-25    physician or other professional.
13-26          SECTION 2.  Subchapter B, Chapter 531, Government Code, is
 14-1    amended by adding Section 531.055 to read as follows:
 14-2          Sec. 531.055.  FAMILY-BASED ALTERNATIVES FOR CHILDREN.
 14-3    (a)  The purpose of the system of family-based alternatives
 14-4    required by this section is to further the state's policy of
 14-5    providing for a child's basic needs for safety, security, and
 14-6    stability through ensuring that a child becomes a part of a
 14-7    successful permanent family as soon as possible.
 14-8          (b)  In achieving the purpose described by Subsection (a),
 14-9    the system is intended to be operated in a manner that recognizes
14-10    that parents are a valued and integral part of the process
14-11    established under the system.  The system shall encourage parents
14-12    to participate in all decisions affecting their children and shall
14-13    respect the authority of parents, other than parents whose parental
14-14    rights have been terminated, to make decisions regarding their
14-15    children.
14-16          (c)  In this section:
14-17                (1)  "Child" means a person younger than 22 years of
14-18    age who has a physical or developmental disability or who is
14-19    medically fragile.
14-20                (2)  "Family-based alternative" means a family setting
14-21    in which the family provider or providers are specially trained to
14-22    provide support and in-home care for children with disabilities or
14-23    children who are medically fragile.
14-24                (3)  "Institution" means any congregate care facility,
14-25    including:
14-26                      (A)  a nursing home;
 15-1                      (B)  an ICF-MR facility, as defined by Section
 15-2    531.002, Health and Safety Code;
 15-3                      (C)  a group home operated by the Texas
 15-4    Department of Mental Health and Mental Retardation; and
 15-5                      (D)  an institution for the mentally retarded
 15-6    licensed by the Department of Protective and Regulatory Services.
 15-7                (4)  "Waiver services" means services provided under:
 15-8                      (A)  the Medically Dependent Children Program;
 15-9                      (B)  the Community Living Assistance and Support
15-10    Services Program;
15-11                      (C)  the Home and Community-based Waiver Services
15-12    Program, including the HCS-OBRA Program;
15-13                      (D)  the Mental Retardation-Local Authority Pilot
15-14    Project (MRLA);
15-15                      (E)  the Deaf, Blind, and Multiply Disabled
15-16    Program; and
15-17                      (F)  any other Section 1915(c) waiver program
15-18    that provides long-term care services for children.
15-19          (d)  The commission shall contract with a community
15-20    organization, including a faith-based community organization, or a
15-21    nonprofit organization for the development and implementation of a
15-22    system under which a child who cannot reside with the child's birth
15-23    family may receive necessary services in a family-based alternative
15-24    instead of an institution.  To be eligible for the contract under
15-25    this subsection, an organization must possess knowledge regarding
15-26    the support needs of children with disabilities and their families.
 16-1    For purposes of this subsection, a community organization,
 16-2    including a faith-based community organization, or a nonprofit
 16-3    organization does not include:
 16-4                (1)  any governmental entity; or
 16-5                (2)  any quasi-governmental entity to which a state
 16-6    agency delegates its authority and responsibility for planning,
 16-7    supervising, providing, or ensuring the provision of state
 16-8    services.
 16-9          (e)  The contractor may subcontract for one or more
16-10    components of implementation of the system with:
16-11                (1)  community organizations, including faith-based
16-12    community organizations;
16-13                (2)  nonprofit organizations;
16-14                (3)  governmental entities; or
16-15                (4)  quasi-governmental entities to which state
16-16    agencies delegate authority and responsibility for planning,
16-17    supervising, providing, or ensuring the provision of state
16-18    services.
16-19          (f)  The commission shall begin implementation of the system
16-20    in areas of this state with high numbers of children who reside in
16-21    institutions.
16-22          (g)  Each affected health and human services agency shall
16-23    cooperate with the contractor and any subcontractors and take all
16-24    action necessary to implement the system and comply with the
16-25    requirements of this section.  The commission has final authority
16-26    to make any decisions and resolve any disputes regarding the
 17-1    system.
 17-2          (h)  The system may be administered in cooperation with
 17-3    public and private entities.
 17-4          (i)  The system must provide for:
 17-5                (1)  recruiting and training alternative families to
 17-6    provide services for children;
 17-7                (2)  comprehensively assessing each child in need of
 17-8    services and each alternative family available to provide services,
 17-9    as necessary to identify the most appropriate alternative family
17-10    for placement of the child;
17-11                (3)  providing to a child's parents or guardian
17-12    information regarding the availability of a family-based
17-13    alternative;
17-14                (4)  identifying each child residing in an institution
17-15    and offering support services, including waiver services, that
17-16    would enable the child to return to the child's birth family or be
17-17    placed in a family-based alternative; and
17-18                (5)  determining through a child's permanency plan
17-19    other circumstances in which the child must be offered waiver
17-20    services, including circumstances in which changes in an
17-21    institution's status affect the child's placement or the quality of
17-22    services received by the child.
17-23          (j)  In complying with the requirement imposed by Subsection
17-24    (i)(3), the commission shall ensure that the procedures for
17-25    providing information to parents or a guardian permit and encourage
17-26    the participation of an individual who is not affiliated with the
 18-1    institution in which the child resides or with an institution in
 18-2    which the child could be placed.
 18-3          (k)  In placing a child in a family-based alternative, the
 18-4    system may use a variety of placement options, including an
 18-5    arrangement in which shared parenting occurs between the
 18-6    alternative family and the child's birth family.  Regardless of the
 18-7    option used, a family-based alternative placement must be designed
 18-8    to be a long-term arrangement, except in cases in which the child's
 18-9    birth family chooses to return the child to their home.  In cases
18-10    in which the birth family's parental rights have been terminated,
18-11    adoption of the child by the child's alternative family is an
18-12    available option.
18-13          (l)  The commission or the contractor may solicit and accept
18-14    gifts, grants, and donations to support the system's functions
18-15    under this section.
18-16          (m)  In designing the system, the commission shall consider
18-17    and, when appropriate, incorporate current research and
18-18    recommendations developed by other public and private entities
18-19    involved in analyzing public policy relating to children residing
18-20    in institutions.
18-21          (n)  As necessary to implement this section, the commission
18-22    shall:
18-23                (1)  ensure that an appropriate number of openings for
18-24    waiver services that become available as a result of funding for
18-25    the purpose of transferring persons with disabilities into
18-26    community-based services are made available to both children and
 19-1    adults;
 19-2                (2)  ensure that service definitions applicable to
 19-3    waiver services are modified as necessary to permit the provision
 19-4    of waiver services through family-based alternatives;
 19-5                (3)  ensure that procedures are implemented for making
 19-6    a level of care determination for each child and identifying the
 19-7    most appropriate waiver service for the child, including procedures
 19-8    under which the director of long-term care for the commission,
 19-9    after considering any preference of the child's birth family or
19-10    alternative family, resolves disputes among agencies about the most
19-11    appropriate waiver service; and
19-12                (4)  require that the health and human services agency
19-13    responsible for providing a specific waiver service to a child also
19-14    assume responsibility for identifying any necessary transition
19-15    activities or services.
19-16          (o)  Not later than January 1 of each year, the commission
19-17    shall report to the legislature on the implementation of the
19-18    system.  The report must include a statement of:
19-19                (1)  the number of children currently receiving care in
19-20    an institution;
19-21                (2)  the number of children placed in a family-based
19-22    alternative under the system during the preceding year;
19-23                (3)  the number of children who left an institution
19-24    during the preceding year under an arrangement other than a
19-25    family-based alternative under the system or for another reason
19-26    unrelated to the availability of a family-based alternative under
 20-1    the system;
 20-2                (4)  the number of children waiting for an available
 20-3    placement in a family-based alternative under the system; and
 20-4                (5)  the number of alternative families trained and
 20-5    available to accept placement of a child under the system.
 20-6          SECTION 3.  (a)  The Health and Human Services Commission
 20-7    shall conduct a study regarding:
 20-8                (1)  the feasibility of bifurcating the reimbursement
 20-9    provided for permanency planning activities under Chapter 531,
20-10    Government Code, from the reimbursement provided to an institution
20-11    in which a child resides for the care of that child; and
20-12                (2)  alternate mechanisms for providing reimbursement
20-13    for permanency planning activities that will enhance those
20-14    activities.
20-15          (b)  Based on the results of the study conducted under this
20-16    section, the Health and Human Services Commission by rule shall
20-17    modify the method of reimbursement provided for permanency planning
20-18    activities to incorporate modifications determined to be effective
20-19    in enhancing those activities.
20-20          SECTION 4.  Subchapter O, Chapter 242, Health and Safety
20-21    Code, as added by Chapter 913, Acts of the 75th Legislature,
20-22    Regular Session, 1997, is repealed.
20-23          SECTION 5.  Notwithstanding Section 6 of this Act, the
20-24    commissioner of health and human services and each appropriate
20-25    health and human services agency, as defined by Section 531.001,
20-26    Government Code, shall begin conducting the reviews required by
 21-1    Section 531.159, Government Code, as added by this Act, not later
 21-2    than March 1, 2002.
 21-3          SECTION 6.  If before implementing any provision of this Act
 21-4    a state agency determines that a waiver or authorization from a
 21-5    federal agency is necessary for implementation of that provision,
 21-6    the agency affected by the provision shall request the waiver or
 21-7    authorization and may delay implementing that provision until the
 21-8    waiver or authorization is granted.
 21-9          SECTION 7.  Effective September 1, 2003, or a later date on
21-10    which the Texas Department of Aging and Disability Services assumes
21-11    the functions of the Texas Department on Aging, as provided by
21-12    Chapter 1505, Acts of the 76th Legislature, Regular Session, 1999,
21-13    a reference in Section 531.055, Government Code, as added by this
21-14    Act, to the commission means the Texas Department of Aging and
21-15    Disability Services.  This section of this Act has no effect if the
21-16    Texas Department of Aging and Disability Services does not assume
21-17    the functions of the Texas Department on Aging.
21-18          SECTION 8.  Notwithstanding Subsection (o), Section 531.055,
21-19    Government Code, as added by this Act, the Health and Human
21-20    Services Commission shall submit the report required by that
21-21    section beginning with the report due on January 1, 2003.
21-22          SECTION 9.  The Health and Human Services Commission shall:
21-23                (1)  take all action necessary to ensure that requests
21-24    for proposals necessary to implement Section 531.055, Government
21-25    Code, as added by this Act, are issued as soon as possible after
21-26    the effective date of this Act; and
 22-1                (2)  include implementation timelines in any contract
 22-2    executed by the commission after receiving responses to the
 22-3    requests for proposals.
 22-4          SECTION 10.  The Health and Human Services Commission is
 22-5    required to implement Section 531.055, Government Code, as added by
 22-6    this Act, only if the legislature appropriates money specifically
 22-7    for that purpose or the commission determines that other sources of
 22-8    funding, including other legislative appropriations, federal funds,
 22-9    gifts, grants, or donations, are available for that purpose.  If
22-10    funding is available only for specific provisions of Section
22-11    531.055, Government Code, as added by this Act, the Health and
22-12    Human Services Commission shall implement those provisions to the
22-13    extent practicable, regardless of the lack of available funding for
22-14    the other provisions of that section.
22-15          SECTION 11.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 368 passed the Senate on
         April 19, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 368 passed the House, with
         amendment, on May 11, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor