By: Birdwell, et al.	S.B. No. 907
	(In the Senate - Filed February 15, 2017; February 28, 2017,
	read first time and referred to Committee on Health & Human
	Services; April 18, 2017, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 8, Nays 1;
	April 18, 2017, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 907	By:  Kolkhorst

	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 Subsection (c) to read as follows:
	(c)  With respect to a child who is removed from the child's
	home, if a suitable relative or other designated caregiver is not
	available, placing the child in a foster home or a general
	residential operation operating as a cottage home is considered the
	least restrictive setting.
	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.  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.
	SECTION 6.  This Act takes effect September 1, 2017.
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