By: Nelson	S.B. No. 424

	A BILL TO BE ENTITLED
	AN ACT
	relating to the administration and monitoring of certain
	medications provided to foster children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 264.121, Family Code, is amended by
	adding Subsection (g) to read as follows:
	(g)  For a youth taking prescription medication, the
	department shall ensure that the youth's transition plan includes
	provisions to assist the youth in managing the use of the medication
	after leaving foster care, including information that educates the
	youth in the use of the medication and provides the youth with
	information about the resources that are available to assist the
	youth in managing the use of the medication.
	SECTION 2.  Section 266.001, Family Code, is amended by
	adding Subdivision (6) to read as follows:
	(6)  "Psychotropic drug" has the meaning assigned by
	Section 261.111.
	SECTION 3.  Section 266.004, Family Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  Consent to the administration of a psychotropic drug
	is valid only if it is provided in the manner provided by Section
	576.025(b), Health and Safety Code. The evidence of the consent may
	be included in the foster child's health passport.
	SECTION 4.  Section 266.005, Family Code, is amended by
	adding Subsection (b-1) and amending Subsection (c) to read as
	follows:
	(b-1)  The department shall notify the child's parents of the
	initial prescription of a psychotropic drug to a foster child and of
	any change in dosage of the psychotropic drug at the first scheduled
	meeting between the parents and the child's caseworker after the
	date the psychotropic drug is prescribed or the dosage is changed.
	(c)  The department is not required to provide notice under
	Subsection (b) or (b-1) to a parent who:
	(1)  has failed to give the department current contact
	information and cannot be located;
	(2)  has executed an affidavit of relinquishment of
	parental rights;
	(3)  has had the parent's parental rights terminated;
	or
	(4)  has had access to medical information otherwise
	restricted by the court.
	SECTION 5.  Section 266.007(a), Family Code, is amended to
	read as follows:
	(a)  At each hearing under Chapter 263, or more frequently if
	ordered by the court, the court shall review a summary of the
	medical care provided to the foster child since the last hearing.
	The summary must include information regarding:
	(1)  the nature of any emergency medical care provided
	to the child and the circumstances necessitating emergency medical
	care, including any injury or acute illness suffered by the child;
	(2)  all medical and mental health treatment that the
	child is receiving and the child's progress with the treatment;
	(3)  any medication prescribed for the child, [and] the
	condition, diagnosis, and symptoms for which the medication was
	prescribed, and the child's progress with the medication;
	(4)  any non-pharmacological interventions attempted,
	plans for discontinuing the psychotropic drug, and the child's
	prognosis with and without the psychotropic drug;
	(5)  the degree to which the child or foster care
	provider has complied or failed to comply with any plan of medical
	treatment for the child;
	(6) [(5)]  any adverse reaction to or side effects of
	any medical treatment provided to the child;
	(7) [(6)]  any specific medical condition of the child
	that has been diagnosed or for which tests are being conducted to
	make a diagnosis;
	(8) [(7)]  any activity that the child should avoid or
	should engage in that might affect the effectiveness of the
	treatment, including physical activities, other medications, and
	diet; and
	(9) [(8)]  other information required by department
	rule or by the court.
	SECTION 6.  The heading to Subchapter A, Chapter 266, Family
	Code, is repealed.
	SECTION 7.  This Act takes effect September 1, 2013.