Bill Text: TX HB4091 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to a request for admission to a specialty inpatient stabilization treatment program by the Department of Family and Protective Services of certain minors in the managing conservatorship of the department.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-24 - Placed on intent calendar [HB4091 Detail]

Download: Texas-2023-HB4091-Comm_Sub.html

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By: A. Johnson of Harris, et al. H.B. No. 4091
(Senate Sponsor - Kolkhorst)
(In the Senate - Received from the House May 8, 2023;
May 11, 2023, read first time and referred to Committee on Health &
Human Services; May 19, 2023, reported favorably by the following
vote: Yeas 7, Nays 1; May 19, 2023, sent to printer.)
Click here to see the committee vote

COMMITTEE VOTE
YeaNayAbsentPNV
KolkhorstX
PerryX
BlancoX
HallX
HancockX
HughesX
LaMantiaX
MilesX
SparksX
A BILL TO BE ENTITLED
AN ACT
relating to a request for admission to a specialty inpatient
stabilization treatment program by the Department of Family and
Protective Services of certain minors in the managing
conservatorship of the department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 572.001, Health and Safety Code, is
amended by amending Subsection (c-2) and adding Subsections (c-5),
(c-6), (c-7), and (c-8) to read as follows:
(c-2) The Department of Family and Protective Services may
request the admission to an inpatient mental health facility of a
minor in the managing conservatorship of that department only if:
(1) a physician states the physician's opinion, and
the detailed reasons for that opinion, that the minor is a person:
(A) [(1)] with mental illness or who
demonstrates symptoms of a serious emotional disorder; and
(B) [(2)] who presents a risk of serious harm to
self or others if not immediately restrained or hospitalized; or
(2) for a minor who is at least 13 years of age and not
older than 17 years of age, a court, after reviewing any relevant
evidence, including a physician's opinion and detailed reasons for
that opinion, determines that the minor is a person whose mental
health has deteriorated to the point where the minor would benefit
from admission into a specialty inpatient stabilization treatment
program designed specifically to meet the mental health needs of
minors who need further treatment to successfully transition into a
residential treatment program or another less restrictive foster
care setting.
(c-5) The admission of a minor to a specialty inpatient
stabilization treatment program under Subsection (c-2) is subject
to review by a court under Section 263.002, Family Code.
(c-6) If a minor is or may be placed in a specialty
stabilization treatment program under Subsection (c-2), the court
shall determine whether:
(1) the child's needs can be met through placement in a
family-like setting;
(2) the placement can provide the most effective and
appropriate level of care for the child; and
(3) the placement is the least restrictive setting
consistent with the child's best interest and individual needs.
(c-7) In making a determination under Subsection (c-6), the
court may consider:
(1) medical, psychological, or psychiatric
assessments;
(2) the child's current treatment plan and progress
made under that plan;
(3) any significant medical, legal, or behavioral
incidents involving the child;
(4) the reasons for the child's discharge from any
previous placement or the child's current placement;
(5) the programs available at the facility to address
the child's needs;
(6) the facility's plan to discharge the child after
treatment;
(7) whether other programs may meet the child's needs
more effectively; and
(8) any other information that would assist the court
in making its determination.
(c-8) Not later than December 1 of each year, the Department
of Family and Protective Services shall submit a report to the
governor, lieutenant governor, and speaker of the house of
representatives regarding the admission of minors to a specialty
inpatient stabilization treatment program under Subsection (c-2),
including:
(1) the number of total minors admitted to the
program;
(2) which courts decided to admit a minor to the
program;
(3) the location of each program where a minor was
admitted; and
(4) the outcomes of minors admitted to each facility,
including:
(A) the number of minors served;
(B) the average length of inpatient admission;
(C) the outcomes of minors discharged from the
program; and
(D) any recommendations to improve the program.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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