Bill Text: TX HB1698 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the regulation of residential treatment centers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-04 - Referred to Human Services [HB1698 Detail]

Download: Texas-2019-HB1698-Introduced.html

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86R2423 MCK-D
By: Leman H.B. No. 1698

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of residential treatment centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.043 to read as follows:
Sec. 40.043. CHILD SAFETY AND RUNAWAY PREVENTION
PROCEDURES. The commissioner by rule shall establish procedures
to:
(1) reduce the number of incidents in which a child in
the conservatorship of the department runs away from a residential
treatment center; and
(2) ensure the safety of a child who leaves a
residential treatment center.
SECTION 2. Section 42.0462, Human Resources Code, is
amended to read as follows:
Sec. 42.0462. WAIVER OF NOTICE AND HEARING REQUIREMENTS.
(a) Subject to Subsection (b), to [To] protect the safety and
well-being of residents and employees of a general residential
operation that provides comprehensive residential services to
children who are victims of trafficking, the commission
[department] shall waive the notice and hearing requirements
imposed under Section 42.0461 for an applicant who submits to the
commission [department] an application to provide trafficking
victim services at the applicant's general residential operation.
(b) This section does not apply to an applicant who submits
an application for a residential treatment center license.
SECTION 3. Chapter 42, Human Resources Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. REGULATION OF RESIDENTIAL TREATMENT CENTERS
Sec. 42.251. DEFINITIONS. In this subchapter:
(1) "Life or safety incident" means an actual incident
that threatens the life or safety of a child. The term includes:
(A) multiple incidents of arrest, abuse,
neglect, or exploitation of or attempted suicide by the same child;
(B) the death of a child; or
(C) a life-threatening injury to a child.
(2) "Residential treatment center" means a general
residential operation that:
(A) provides care for 13 or more children or
young adults; and
(B) exclusively provides treatment services for
children or young adults with emotional disorders.
Sec. 42.252. LICENSING PROCEDURES. (a) In addition to the
applicable requirements to obtain a license under Subchapter C, a
person applying for a license to operate a residential treatment
center shall submit:
(1) an operational plan for the proposed center to the
commission; and
(2) an educational plan describing the applicant's
plan to provide for the educational needs of the children at the
proposed center to the Texas Education Agency.
(b) The operational plan must include:
(1) the amount of local resources available to support
children proposed to be served by the applicant;
(2) the impact of the proposed child-care services on
the ratio in the local school district of students enrolled in a
special education program to students enrolled in a regular
education program and any effect on the children proposed to be
served by the applicant; and
(3) the impact of the proposed child-care services on
the community and the effect on opportunities for social
interaction for the children proposed to be served by the
applicant.
(c) A person applying for a license to operate a residential
treatment center is not required to include in the operational plan
whether the proposed residential treatment center will provide
services to children who are victims of human trafficking.
(d) The commission must approve the proposed center's
operational plan and the Texas Education Agency must approve the
proposed center's educational plan before any hearing under Section
42.0461 is held.
(e) In evaluating an application for a license to operate a
residential treatment center, the commission may consider:
(1) evidence of community support for or opposition to
the proposed center;
(2) the educational plan for the proposed center,
including whether:
(A) the proposed center will provide for the
private or public education of school-age children residing in the
proposed center;
(B) the proposed center has entered into a
tentative agreement pending the center's licensure with
independent school districts or public charter schools to provide
the educational services to school-age children residing in the
proposed center;
(C) the board of trustees of an independent
school district has agreed to serve the school-age children
residing in the proposed center through signed and approved board
minutes and the district superintendent's approval demonstrated by
signature; or
(D) the governing board of a public charter
school has agreed to serve the school-age children residing in the
proposed center through signed and approved board minutes and the
charter school superintendent's approval demonstrated by signature
on an amendment request form submitted to and approved by the
commissioner of education;
(3) an impact statement from the school district
likely to be affected by the proposed center, including information
relating to any financial impact on the district that may result
from an increase in enrollment;
(4) the qualifications, background, and history of
each individual and entity who is proposed to be involved in:
(A) the management of the proposed center; or
(B) the educational leadership of the proposed
center; and
(5) the history of the board of the proposed center, as
defined in the application form.
(f) The commission shall approve or deny an application for
a proposed residential treatment center based on the merits of the
application. In making the decision, the commission shall:
(1) heavily weigh any public comment the commission
receives relating to the licensing of the proposed center; and
(2) consider documented evidence gathered through the
application review process.
(g) The commission may deny an application for a license to
operate a residential treatment center if the commission determines
that:
(1) the community has insufficient resources to
support children proposed to be served by the applicant;
(2) granting the license would significantly increase
the ratio in the local school district of students enrolled in a
special education program to students enrolled in a regular
education program and the increase would adversely affect the
children proposed to be served by the applicant; or
(3) granting the license would have a significant
adverse impact on the community and would limit opportunities for
social interaction for the children proposed to be served by the
applicant.
Sec. 42.253. CONFIDENTIALITY OF INFORMATION RELATING TO
SERVICES FOR HUMAN TRAFFICKING VICTIMS. (a) If an applicant for a
license to operate a residential treatment center will be providing
services to victims of human trafficking, any information relating
to the provision of services for victims of human trafficking is
confidential and the commission may not disclose that information.
(b) If a hearing is required under Section 42.0461 for an
application for a license to operate a residential treatment center
and the proposed center will be providing services to victims of
human trafficking, the applicant is not required to disclose any
information relating to the provision of services for victims of
human trafficking.
Sec. 42.254. SCHOOL YEAR; REPORT. (a) A residential
treatment center that provides for the education of school-age
children residing in the proposed center must have an academic
school year that begins not earlier than August 1 or later than
September 1 of each year.
(b) Children receiving educational services from a
residential treatment center must be reported in the fall semester
Public Education Information Management System (PEIMS) submission.
Sec. 42.255. REPORTING REQUIREMENT. In addition to the
applicable requirements of Subchapter C, a residential treatment
center shall immediately report to the commission and the
department any incident in which a child in the care of the center:
(1) leaves the center without authorization for any
period of time;
(2) is accused of engaging in delinquent conduct or
conduct indicating a need for supervision, as defined by Section
51.03, Family Code; or
(3) is charged with a criminal offense or convicted of
a criminal offense.
Sec. 42.256. PROCEDURES FOR CIRCUMSTANCES REQUIRING
RELOCATION OF CHILDREN. If the commission or department finds that
a residential treatment center has violated the requirements of
this chapter or a standard or rule adopted under this chapter two
times within a 24-month period and the violations are classified as
a life or safety incident, the department shall develop a plan for
the temporary relocation of children in the care of the residential
treatment center on the revocation of the center's license.
Sec. 42.257. REVOCATION OF LICENSE. The commission shall
revoke the license of a residential treatment center if the
commission or department finds that the license holder has violated
the requirements of this chapter or a standard or rule adopted under
this chapter three times within a 24-month period and the
violations are classified as a life or safety incident.
Sec. 42.258. HEARING BEFORE RENEWAL OF LICENSE. (a) On
request of the commissioners court of a county where a residential
treatment center is located, the commission shall hold a public
hearing to obtain public input regarding the renewal of the
center's license.
(b) The commission shall adopt procedures that provide the
public with a reasonable opportunity to appear before the
commission and to speak on any issue related to renewal of the
residential treatment center's license, including procedures
relating to the conduct of the hearing, the order of witnesses, and
the conduct of participants at the hearing.
Sec. 42.259. COMMUNITY ENGAGEMENT PLAN. (a) Each
residential treatment center licensed under this chapter shall
develop a community engagement plan to improve relations between
the center and the community where the center is located.
(b) The department may not contract with a residential
treatment center unless the center has a community engagement plan
required by Subsection (a).
Sec. 42.260. QUALITY-BASED PAYMENT SYSTEM. (a) The
department shall develop quality-based outcome and process
measures that promote the provision of high-quality services by
residential treatment centers licensed under this chapter,
including measures that advance quality improvement and
innovation.
(b) The department may change measures developed under this
section to promote continuous system reform and improved quality of
services provided by residential treatment centers.
(c) Using quality-based outcome and process measures
developed under Subsection (a), the department, after consulting
with appropriate stakeholders, shall develop and implement
quality-based payment systems for compensating residential
treatment centers.
Sec. 42.261. RESIDENTIAL TREATMENT CENTER QUALITY RATING
SYSTEM. (a) The commission shall develop and implement a quality
rating system to evaluate residential treatment centers licensed
under this chapter. In developing the rating system, the commission
shall select relevant and appropriate criteria on which to evaluate
a residential treatment center.
(b) The commission shall publish the quality rating for each
residential treatment center licensed under this chapter on the
commission's Internet website.
Sec. 42.262. DUTIES OF TEXAS EDUCATION AGENCY. (a) Before
the Texas Education Agency approves any educational services
provided at a residential treatment center, including the
accreditation of a charter school at the center, the agency shall
evaluate each licensing violation for which the center has been
cited by the commission to determine whether the violation would
impair the education of the children at the center.
(b) The Texas Education Agency shall notify the commission
of any possible licensing violation at a residential treatment
center of which the agency becomes aware.
Sec. 42.263. APPLICATION OF FEDERAL LAW. (a) The
department shall develop a plan to ensure that, not later than
December 31, 2021, each residential treatment center is in
compliance with the requirements of Title VII of the Bipartisan
Budget Act of 2018 (Pub. L. No. 115-123) relating to the
accreditation of residential treatment centers.
(b) Not later than December 31, 2019, the department shall
submit the plan to the lieutenant governor, the speaker of the house
of representatives, and the standing committees of each house of
the legislature with primary jurisdiction over child protective
services.
(c) This section expires September 1, 2023.
SECTION 4. This Act takes effect September 1, 2019.