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

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

FULL TEXT:
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.