BILL ANALYSIS

C.S.H.B. 109

By: Rose

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill's author has informed the committee that the Department of Family and Protective Services (DFPS) lacks appropriate placement options for a small number of youth with significant behavioral health needs. Children without kinship or licensed placement often become Children Without Placement (CWOP). During a CWOP event, a child or youth is without placement for at least two consecutive, uninterrupted nights in the care and custody of DFPS or Community-Based Care caseworkers. These caseworkers may work shifts in addition to carrying a full caseload, and the youth are typically housed in hotel rooms while waiting for placement, an environment that is both inconsistent and nontherapeutic. While DFPS has made significant improvements in reducing the number of CWOP events, such youth need a stronger safety net solution. C.S.H.B. 109 seeks to address this issue by providing for the authority to operate a residential treatment center for youth beyond the existing authority to operate the Waco Center for Youth, thus expanding residential treatment capacity and using vacant dedicated spaces on other campuses, as appropriate, to provide safety net placements for youth in state conservatorship.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 109 amends the Health and Safety Code to replace the requirement that the Department of State Health Services (DSHS) use the Waco Center for Youth as a residential treatment facility for emotionally disturbed juveniles who have been admitted to a DSHS facility under the Texas Mental Health Code or who are under the managing conservatorship of the Department of Family and Protective Services (DFPS) and have been admitted under that law to the Waco Center for Youth with a requirement that DSHS designate state facilities for use as residential treatment facilities for emotionally disturbed juveniles who have been admitted to a DSHS facility under that law or who are under the managing conservatorship of DFPS and have been admitted under that law to such a state facility designated by DSHS. Accordingly, the bill replaces references to the Waco Center for Youth with references to state facilities designated by DSHS in provisions that do the following:

·specify the state facilities at which DSHS is required to provide appropriate education services without charge to resident clients; and

·require DSHS to pay for the services from funds appropriated for that purpose.

The bill also replaces the authorization for a client of the center who is not a resident of the Waco Independent School District to receive education services from the district with prior approval from the district's superintendent with an authorization for a client of such a state facility designated by DSHS who is not a resident of the school district that serves the geographical area in which the facility is located to receive those services from the district with the applicable superintendent's prior approval.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 109 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

With respect to the requirement that DSHS designate facilities for use as residential treatment facilities for emotionally disturbed juveniles who have been admitted to a DSHS facility or who are under the managing conservatorship of DFPS and have been admitted to such a designated facility, the substitute replaces references in the introduced to designated facilities with references to designated state facilities or a state facility designated by DSHS, as applicable.

The substitute removes the introduced version's provision replacing the prohibition against the admission of an emotionally disturbed juvenile who has been found to have engaged in delinquent conduct or certain conduct indicating a need for supervision to the Waco Center for Youth with a prohibition against the admission of such a juvenile to the designated facilities.

With respect to the requirement that DSHS provide without charge appropriate education services for all clients residing at the designated facilities, the substitute replaces references in the introduced to designated facilities with state facilities designated by DSHS. Whereas the introduced replaced the existing authorization for a client of the center who is not a resident of the Waco Independent School District to receive education services from the district with prior approval of the district's superintendent with an authorization for a client of the center who is not a resident of the local school district to receive education services from the local school district with approval of the district's superintendent, the substitute instead replaces that existing authorization with an authorization for a client of a state facility designated by DSHS who is not a resident of the school district that serves the geographical area in which the facility is located to receive education services from the district with the prior approval of the district's superintendent.

The substitute changes the bill's effective date to take effect September 1, 2025, with no possibility for immediate effect, whereas the introduced provided for its possible immediate effect, contingent on receiving the requisite constitutional vote.