Bill Text: TX SB907 | 2017-2018 | 85th Legislature | Engrossed

---

Bill Title: Relating to the definition of the least restrictive environment for the placement of children in foster care.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2017-05-05 - Referred to Human Services [SB907 Detail]

Download: Texas-2017-SB907-Engrossed.html

---

By: Birdwell, et al. S.B. No. 907

A BILL TO BE ENTITLED
AN ACT
relating to the definition of the least restrictive environment for
the placement of children in foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.001(a), Family Code, is amended by
amending Subdivision (3-a) and adding Subdivision (3-b) to read as
follows:
(3-a) "Least restrictive setting" means a placement
for a child that, in comparison to all other available placements,
is the most family-like setting.
(3-b) "Physician assistant" has the meaning assigned
by Section 157.051, Occupations Code.
SECTION 2. Section 263.001, Family Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) With respect to a child who is older than six years of
age and who is removed from the child's home, if a suitable relative
or other designated caregiver is not available as a placement for
the child, placing the child in a foster home or a general
residential operation operating as a cottage home is considered the
least restrictive setting.
(d) With respect to a child who is six years of age or
younger and who is removed from the child's home, if a suitable
relative or other designated caregiver is not available as a
placement for the child, the least restrictive setting for the
child is placement in:
(1) a foster home; or
(2) a general residential operation operating as a
cottage home, only if the department determines it is in the best
interest of the child.
SECTION 3. Section 264.001, Family Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Least restrictive setting" means a placement
for a child that, in comparison to all other available placements,
is the most family-like setting.
SECTION 4. Section 264.107, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) In selecting a placement for a child, the department
shall consider whether the placement is in the child's best
interest. In determining whether a placement is in a child's best
interest, the department shall consider whether the placement:
(1) is the least restrictive setting for the child;
(2) is the closest in geographic proximity to the
child's home;
(3) is the most able to meet the identified needs of
the child; and
(4) satisfies any expressed interests of the child
relating to placement, when developmentally appropriate.
SECTION 5. (a) This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature.
(b) If the Department of Family and Protective Services
receives a formal determination from the United States Department
of Health and Human Services stating that implementing the changes
in law made by this Act will result in a reduction in federal
funding under either Title IV-E, Social Security Act (42 U.S.C.
Section 670, et seq.) or a related source of federal funds, the
Department of Family and Protective Services may not implement this
Act.
(c) For the purpose of Subsection (b) of this section,
"formal determination" means a written opinion or penalty
assessment contained in a Child and Family Services Review
conducted by the Administration for Children and Families in the
United States Department of Health and Human Services regarding the
federal funding implications of the implementation of this Act.
SECTION 6. This Act takes effect September 1, 2017.