reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0160. Certain Agencies' Duty to Provide Resources and Assistance

Text of section effective on April 01, 2025
Sec. 546.0160.  CERTAIN AGENCIES' DUTY TO PROVIDE RESOURCES AND ASSISTANCE.  At the commission's request, a health and human services agency shall provide resources and assistance to a community as necessary to perform the commission's duties under Section 546.0152(a).
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0201. Definitions

Text of section effective on April 01, 2025
Sec. 546.0201.  DEFINITIONS.  In this subchapter:
(1)  "Child" means an individual with a developmental disability who is younger than 22 years of age.
(2)  "Community resource coordination group" means a coordination group established under the memorandum of understanding adopted under Subchapter D, Chapter 522.
(3)  "Department" means the Department of Family and Protective Services.
(4)  "Institution" means:
(A)  an ICF-IID;
(B)  a group home operated under the commission's authority, including a residential service provider under a Section 1915(c) waiver program that provides services at a residence other than the child's home or agency foster home;
(C)  a nursing facility;
(D)  a general residential operation for children with an intellectual disability that the commission licenses; or
(E)  another residential arrangement other than a foster home that provides care to four or more children who are unrelated to each other.
(5)  "Permanency planning" means a philosophy and planning process that focuses on the outcome of family support by facilitating a permanent living arrangement with the primary feature of an enduring and nurturing parental relationship.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0202. Policy Statement

Text of section effective on April 01, 2025
Sec. 546.0202.  POLICY STATEMENT.  It is the policy of this state to strive to ensure that the basic needs for safety, security, and stability are met for each child in this state. A successful family is the most efficient and effective way to meet those needs.  This state and local communities must work together to provide encouragement and support for well-functioning families and ensure that each child receives the benefits of being a part of a successful permanent family as soon as possible.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0204. Permanency Planning for Certain Children

Text of section effective on April 01, 2025
Sec. 546.0204.  PERMANENCY PLANNING FOR CERTAIN CHILDREN.  (a)  Notwithstanding Section 546.0201, in this section, "institution" has the meaning assigned by Section 242.002, Health and Safety Code.
(b)  The commission and each appropriate health and human services agency shall develop procedures to ensure that permanency planning is provided for each child:
(1)  residing in an institution in this state on a temporary or long-term basis; or
(2)  for whom institutional care is sought.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0205. Institution to Assist With Permanency Planning Efforts

Text of section effective on April 01, 2025
Sec. 546.0205.  INSTITUTION TO ASSIST WITH PERMANENCY PLANNING EFFORTS.  An institution in which a child resides shall assist with providing effective permanency planning for the child by:
(1)  cooperating with the health and human services agency, local intellectual and developmental disability authority, or private entity responsible for developing the child's permanency plan; and
(2)  participating in meetings to review the child's permanency plan as requested by a health and human services agency, local intellectual and developmental disability authority, or private entity responsible for developing the child's permanency plan.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0206. Implementation System: Local Permanency Planning Sites

Text of section effective on April 01, 2025
Sec. 546.0206.  IMPLEMENTATION SYSTEM: LOCAL PERMANENCY PLANNING SITES.  The commission shall develop an implementation system that initially consists of four or more local sites and that is designed to coordinate planning for a permanent living arrangement and relationship for a child with a family. In developing the system, the commission shall:
(1)  include criteria to identify children who need permanency plans;
(2)  require the establishment of a permanency plan for each child who resides outside the child's family or for whom care or protection is sought in an institution;
(3)  include a process to determine the agency or entity responsible for developing and overseeing implementation of a child's permanency plan;
(4)  identify, blend, and use funds from all available sources to provide customized services and programs to implement a child's permanency plan;
(5)  clarify and expand the role of a local community resource coordination group in ensuring accountability for a child who resides in an institution or who is at risk of being placed in an institution;
(6)  require reporting of each placement or potential placement of a child in an institution or other living arrangement outside of the child's home; and
(7)  assign in each local permanency planning site area a single gatekeeper for all children in the area for whom placement in an institution through a state-funded program is sought with authority to ensure that:
(A)  family members of each child are aware of:
(i)  intensive services that could prevent placement of the child in an institution; and
(ii)  available placement options; and
(B)  permanency planning is initiated for each child.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0207. Designation of Volunteer Advocate

Text of section effective on April 01, 2025
Sec. 546.0207.  DESIGNATION OF VOLUNTEER ADVOCATE.  (a)  The commission shall designate an individual, including a member of a community-based organization, to serve as a volunteer advocate for a child residing in an institution to assist in developing a permanency plan for the child if:
(1)  the child's parent or guardian requests the assistance of an advocate;
(2)  the institution in which the child is placed cannot locate the child's parent or guardian; or
(3)  the child resides in an institution the commission operates.
(b)  The individual designated to serve as the child's volunteer advocate may be:
(1)  an individual the child's parent or guardian selects, except that the individual may not be employed by or under a contract with the institution in which the child resides;
(2)  an adult relative of the child; or
(3)  a child advocacy group representative.
(c)  The commission shall provide to each individual designated to serve as a child's volunteer advocate information regarding permanency planning under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0209. Requirements of Parent or Guardian on Child's Admission to Certain Institutions

Text of section effective on April 01, 2025
Sec. 546.0209.  REQUIREMENTS OF PARENT OR GUARDIAN ON CHILD'S ADMISSION TO CERTAIN INSTITUTIONS.  On the admission of a child to an institution described by Section 546.0201(4)(A), (B), or (D), the commission shall require the child's parent or guardian to submit:
(1)  an admission form that includes:
(A)  the parent's or guardian's:
(i)  name, address, and telephone number;
(ii)  driver's license number and state of issuance or personal identification card number the Department of Public Safety issued; and
(iii)  place of employment and the employer's address and telephone number; and
(B)  the name, address, and telephone number of a relative of the child or other individual whom the commission or institution may contact in an emergency, a statement indicating the relation between that individual and the child, and at the parent's or guardian's option:
(i)  that individual's driver's license number and state of issuance or personal identification card number the Department of Public Safety issued; and
(ii)  the name, address, and telephone number of that individual's employer; and
(2)  a signed acknowledgment of responsibility stating that the parent or guardian agrees to:
(A)  notify the institution in which the child is placed of any changes to the information submitted under Subdivision (1)(A); and
(B)  make reasonable efforts to participate in the child's life and in planning activities for the child.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0211. Notification of Placement Required

Text of section effective on April 01, 2025
Sec. 546.0211.  NOTIFICATION OF PLACEMENT REQUIRED.  (a)  Not later than the third day after the date a child is initially placed in an institution, the institution shall notify:
(1)  the commission, if the child is placed in a nursing facility;
(2)  the local intellectual and developmental disability authority for the region in which the institution is located, if the child:
(A)  is placed in an ICF-IID; or
(B)  is placed by a child protective services agency in a general residential operation for children with an intellectual disability that the commission licenses;
(3)  the community resource coordination group in the county of residence of the child's parent or guardian;
(4)  if the child is at least three years of age, the school district for the area in which the institution is located; and
(5)  if the child is less than three years of age, the local early childhood intervention program for the area in which the institution is located.
(b)  The commission shall notify the local intellectual and developmental disability authority of a child's placement in a nursing facility if the child is known or suspected to have an intellectual disability or another disability for which the child may receive services through the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0212. Notice to Parent or Guardian Regarding Placement Options and Services

Text of section effective on April 01, 2025
Sec. 546.0212.  NOTICE TO PARENT OR GUARDIAN REGARDING PLACEMENT OPTIONS AND SERVICES.  Each entity receiving notice of a child's initial placement in an institution under Section 546.0211 may contact the child's parent or guardian to ensure that the parent or guardian is aware of:
(1)  services and support that could provide alternatives to placing the child in the institution;
(2)  available placement options; and
(3)  opportunities for permanency planning.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0213. Placement on Waiver Program Waiting List

Text of section effective on April 01, 2025
Sec. 546.0213.  PLACEMENT ON WAIVER PROGRAM WAITING LIST.  A state agency that receives notice of a child's placement in an institution shall ensure that, on or before the third day after the date the agency is notified of the child's placement in the institution, the child is also placed on a waiting list for Section 1915(c) waiver program services appropriate to the child's needs.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0214. Interference With Permanency Planning Efforts

Text of section effective on April 01, 2025
Sec. 546.0214.  INTERFERENCE WITH PERMANENCY PLANNING EFFORTS.  An entity that provides information to a child's parent or guardian relating to permanency planning shall refrain from providing the child's parent or guardian with inaccurate or misleading information regarding the risks of moving the child to another facility or community setting.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0215. Initial Placement of Child in Institution and Placement Extensions

Text of section effective on April 01, 2025
Sec. 546.0215.  INITIAL PLACEMENT OF CHILD IN INSTITUTION AND PLACEMENT EXTENSIONS.  (a)  The chief executive officer of each appropriate health and human services agency or the officer's designee must approve a child's placement in an institution.  The child's initial placement in the institution is temporary and may not exceed six months unless the appropriate chief executive officer or the officer's designee approves an extension of an additional six months after conducting a review of documented permanency planning efforts to unite the child with a family in a permanent living arrangement.
(b)  After the initial six-month extension of a child's placement in an institution approved under Subsection (a), the chief executive officer or the officer's designee shall conduct a review of the child's placement in the institution at least semiannually to determine whether continuing that placement is warranted.  If, based on the review, the chief executive officer or the officer's designee determines that an additional extension is warranted, the officer or the officer's designee shall recommend to the executive commissioner that the child continue residing in the institution.
(c)  On receipt of a recommendation made under Subsection (b), the executive commissioner, the executive commissioner's designee, or another person with whom the commission contracts shall conduct a review of the child's placement.  Based on the results of the review, the executive commissioner or the executive commissioner's designee may approve a six-month extension of the child's placement if the extension is appropriate.
(d)  A child may continue residing in an institution after the six-month extension approved under Subsection (c) only if the chief executive officer of the appropriate health and human services agency or the officer's designee makes subsequent recommendations as provided by Subsection (b) for each additional six-month extension and the executive commissioner or the executive commissioner's designee approves each extension as provided by Subsection (c).
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0216. Review of Certain Placement Data

Text of section effective on April 01, 2025
Sec. 546.0216.  REVIEW OF CERTAIN PLACEMENT DATA.  (a)  The executive commissioner or the executive commissioner's designee shall conduct a semiannual review of data received from health and human services agencies regarding all children who reside in institutions in this state.
(b)  The executive commissioner, the executive commissioner's designee, or a person with whom the commission contracts shall also review the recommendations of the chief executive officer of each appropriate health and human services agency or the officer's designee if the officer or the officer's designee repeatedly recommends that children continue residing in an institution.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0217. Procedures for Placement Reviews

Text of section effective on April 01, 2025
Sec. 546.0217.  PROCEDURES FOR PLACEMENT REVIEWS.  The executive commissioner by rule shall develop procedures for conducting the reviews required by Sections 546.0215(c) and (d) and 546.0216.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0218. Annual Reauthorization of Plans of Care for Certain Children

Text of section effective on April 01, 2025
Sec. 546.0218.  ANNUAL REAUTHORIZATION OF PLANS OF CARE FOR CERTAIN CHILDREN.  (a)  The executive commissioner shall adopt rules under which the commission requires a nursing facility in which a child resides to request from the child's parent or guardian a written reauthorization of the child's plan of care.
(b)  The rules must require that the written reauthorization be requested annually.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0219. Transfer of Child Between Institutions

Text of section effective on April 01, 2025
Sec. 546.0219.  TRANSFER OF CHILD BETWEEN INSTITUTIONS.  (a)  This section applies only to an institution described by Section 546.0201(4)(A), (B), or (D) in which a child resides.
(b)  Before transferring a child who is 17 years of age or younger, or a child who is at least 18 years of age and for whom a guardian has been appointed, from one institution to another institution, the institution in which the child resides must attempt to obtain consent for the transfer from the child's parent or guardian unless the transfer is in response to an emergency situation, as defined by rules the executive commissioner adopts.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0220. Compliance With Permanency Plan Requirements as Part of Inspection, Survey, or Investigation

Text of section effective on April 01, 2025
Sec. 546.0220.  COMPLIANCE WITH PERMANENCY PLAN REQUIREMENTS AS PART OF INSPECTION, SURVEY, OR INVESTIGATION.  As part of each inspection, survey, or investigation of an institution, including a nursing facility, a general residential operation for children with an intellectual disability that the commission licenses, or an ICF-IID, in which a child resides, the agency or the agency's designee shall determine the extent to which the nursing facility, general residential operation, or ICF-IID is complying with the permanency planning requirements under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0221. Search for Child's Parent or Guardian

Text of section effective on April 01, 2025
Sec. 546.0221.  SEARCH FOR CHILD'S PARENT OR GUARDIAN.  (a)  The commission shall develop and implement a process by which the commission, on receipt of notification under Section 546.0210(h) that a child's parent or guardian cannot be located, conducts a search for the parent or guardian. If, on the first anniversary of the date the commission receives the notification under that subsection, the commission has been unsuccessful in locating the parent or guardian, the commission shall refer the case to:
(1)  the department's child protective services division if the child is 17 years of age or younger; or
(2)  the department's adult protective services division if the child is 18 years of age or older.
(b)  On receipt of a referral under Subsection (a)(1), the department's child protective services division shall exercise intense due diligence in attempting to locate the child's parent or guardian. If the division is unable to locate the child's parent or guardian, the department shall file a suit affecting the parent-child relationship requesting an order appointing the department as the child's temporary managing conservator.
(c)  A child is considered abandoned for purposes of the Family Code if the child's parent or guardian cannot be located following the department's exercise of intense due diligence in attempting to locate the parent or guardian.
(d)  On receipt of a referral under Subsection (a)(2), the  department's adult protective services division shall notify the court that appointed the child's guardian that the guardian cannot be located.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0222. Documentation of Ongoing Permanency Planning Efforts

Text of section effective on April 01, 2025
Sec. 546.0222.  DOCUMENTATION OF ONGOING PERMANENCY PLANNING EFFORTS.  The commission and each appropriate health and human services agency shall require a person who develops a permanency plan for a child residing in an institution to identify and document in the child's permanency plan all ongoing permanency planning efforts at least semiannually to ensure that, as soon as possible, the child will benefit from a permanent living arrangement with an enduring and nurturing parental relationship.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0223. Access to Records

Text of section effective on April 01, 2025
Sec. 546.0223.  ACCESS TO RECORDS.  Each institution in which a child resides shall allow the following to have access to the child's records to assist in complying with the requirements of this subchapter:
(1)  the commission;
(2)  appropriate health and human services agencies; and
(3)  to the extent not otherwise prohibited by state or federal confidentiality laws, a local intellectual and developmental disability authority or private entity that enters into a contract or memorandum of understanding under Section 546.0203(d) to develop a permanency plan for the child.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0224. Collection of Information Regarding Involvement of Certain Parents and Guardians

Text of section effective on April 01, 2025
Sec. 546.0224.  COLLECTION OF INFORMATION REGARDING INVOLVEMENT OF CERTAIN PARENTS AND GUARDIANS.  (a) The commission shall collect and maintain aggregate information regarding the involvement of parents and guardians of children residing in institutions described by Sections 546.0201(4)(A), (B), and (D) in the lives of and planning activities relating to those children. The commission shall obtain input from stakeholders concerning the types of information most useful in assessing the involvement of those parents and guardians.
(b)  The commission shall make the aggregate information available to the public on request.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0225. Reporting Systems: Semiannual Reporting

Text of section effective on April 01, 2025
Sec. 546.0225.  REPORTING SYSTEMS: SEMIANNUAL REPORTING.  (a)  For each of the local permanency planning sites, the commission shall develop a reporting system under which each appropriate health and human services agency responsible for permanency planning under this subchapter is required to semiannually provide to the commission:
(1)  the number of permanency plans the agency develops for children residing in institutions or children at risk of being placed in institutions;
(2)  progress achieved in implementing permanency plans;
(3)  the number of children the agency serves residing in institutions;
(4)  the number of children the agency serves at risk of being placed in an institution served by the local permanency planning sites;
(5)  the number of children the agency serves reunited with their families or placed with alternate permanent families; and
(6)  cost data related to developing and implementing permanency plans.
(b)  The executive commissioner shall submit to the governor and the committees of the senate and the house of representatives having primary jurisdiction over health and human services agencies a semiannual report on:
(1)  the number of children residing in institutions in this state and the number of those children for whom a recommendation has been made for a transition to a community-based residence but who have not yet made that transition;
(2)  the circumstances of each child described by Subdivision (1), including the type of institution and name of the institution in which the child resides, the child's age, the residence of the child's parents or guardians, and the length of time during which the child has resided in the institution;
(3)  the number of permanency plans developed for children residing in institutions in this state, progress achieved in implementing those plans, and barriers to implementing those plans;
(4)  the number of children who previously resided in an institution in this state and have made the transition to a community-based residence;
(5)  the number of children who previously resided in an institution in this state and have been reunited with their families or placed with alternate families;
(6)  the community supports that resulted in the successful placement of children described by Subdivision (5) with alternate families; and
(7)  the community supports that are unavailable but necessary to address the needs of children who continue to reside in an institution in this state after being recommended to make a transition from the institution to an alternate family or community-based residence.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter E. Permanency Planning › Section 546.0226. Effect on Other Law

Text of section effective on April 01, 2025
Sec. 546.0226.  EFFECT ON OTHER LAW.  This subchapter does not affect responsibilities imposed by federal or other state law on a physician or other professional.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0251. Definitions

Text of section effective on April 01, 2025
Sec. 546.0251.  DEFINITIONS.  In this subchapter:
(1)  "Child" means an individual younger than 22 years of age who:
(A)  has a physical or developmental disability; or
(B)  is medically fragile.
(2)  "Family-based alternative" means a family setting in which the family provider or providers are specially trained to provide support and in-home care to children with disabilities or children who are medically fragile.
(3)  "Family-based alternatives system" means the system of family-based alternatives required under this subchapter.
(4)  "Institution" means any congregate care facility, including:
(A)  a nursing facility;
(B)  an ICF-IID;
(C)  a group home operated by the commission; and
(D)  a general residential operation for children with an intellectual disability that the commission licenses.
(5)  "Waiver services" means services provided under:
(A)  the medically dependent children (MDCP) waiver program;
(B)  the community living assistance and support services (CLASS) waiver program;
(C)  the home and community-based services (HCS) waiver program;
(D)  the deaf-blind with multiple disabilities (DBMD) waiver program; and
(E)  any other Section 1915(c) waiver program that provides long-term care services to children.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0252. Family-Based Alternatives System: Purpose, Implementation, and Administration

Text of section effective on April 01, 2025
Sec. 546.0252.  FAMILY-BASED ALTERNATIVES SYSTEM: PURPOSE, IMPLEMENTATION, AND ADMINISTRATION.  (a)  The purpose of the family-based alternatives system is to further this state's policy of providing for a child's basic needs for safety, security, and stability by ensuring that a child becomes a part of a successful permanent family as soon as possible.
(b)  In achieving the purpose described by Subsection (a), the family-based alternatives system is intended to operate in a manner that recognizes that parents are a valued and integral part of the process established under the system.  The system must:
(1)  encourage parents to participate in all decisions affecting their children; and
(2)  respect the authority of parents, other than parents whose parental rights have been terminated, to make decisions regarding their children.
(c)  The commission shall begin implementing the family-based alternatives system in areas of this state with high numbers of children who reside in institutions.
(d)  The family-based alternatives system may be administered in cooperation with public and private entities.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0253. Family-Based Alternatives System Design Requirements

Text of section effective on April 01, 2025
Sec. 546.0253.  FAMILY-BASED ALTERNATIVES SYSTEM DESIGN REQUIREMENTS.  (a)  The family-based alternatives system must provide for:
(1)  recruiting and training alternative families to provide services for children;
(2)  comprehensively assessing each child in need of services and each alternative family available to provide services, as necessary to identify the most appropriate alternative family for the child's placement;
(3)  providing to a child's parents or guardian information regarding the availability of a family-based alternative;
(4)  identifying each child residing in an institution and offering support services, including waiver services, that would enable the child to return to the child's birth family or be placed in a family-based alternative; and
(5)  determining through a child's permanency plan other circumstances in which the child must be offered waiver services, including circumstances in which changes in an institution's status affect the child's placement or the quality of services the child receives.
(b)  In complying with the requirement imposed by Subsection (a)(3), the commission shall ensure that the procedures for providing information to parents or a guardian permit and encourage the participation of an individual who is not affiliated with the institution in which the child resides or with an institution in which the child could be placed.
(c)  In designing the family-based alternatives system, the commission shall consider and, when appropriate, incorporate current research and recommendations developed by other public and private entities involved in analyzing public policy relating to children residing in institutions.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0254. Medicaid Waiver Program Alignment

Text of section effective on April 01, 2025
Sec. 546.0254.  MEDICAID WAIVER PROGRAM ALIGNMENT. As necessary to implement this subchapter, the commission shall:
(1)  ensure that an appropriate number of openings for waiver services that become available as a result of funding for transferring individuals with disabilities into community-based services are made available to both children and adults;
(2)  ensure that service definitions applicable to waiver services are modified as necessary to permit the provision of waiver services through family-based alternatives;
(3)  ensure that procedures are implemented for making a level of care determination for each child and identifying the most appropriate waiver service for the child, including procedures under which the commission's director of long-term care, after considering any preference of the child's birth family or alternative family, resolves disputes among agencies about the most appropriate waiver service; and
(4)  require that the health and human services agency responsible for providing a specific waiver service to a child also assume responsibility for identifying any necessary transition activities or services.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0255. Community Organization Eligibility; Contract and Requirements

Text of section effective on April 01, 2025
Sec. 546.0255.  COMMUNITY ORGANIZATION ELIGIBILITY; CONTRACT AND REQUIREMENTS.  (a)  The commission shall contract with a community organization, including a faith-based community organization, or a nonprofit organization to develop and implement a family-based alternatives system under which a child who cannot reside with the child's birth family may receive necessary services in a family-based alternative instead of an institution.  For purposes of this subsection, a community organization, including a faith-based community organization, or a nonprofit organization does not include:
(1)  a governmental entity; or
(2)  a quasi-governmental entity to which a state agency delegates authority and responsibility for planning, supervising, providing, or ensuring the provision of state services.
(b)  To be eligible for the contract under Subsection (a), an organization must possess knowledge regarding the support needs of children with disabilities and their families.
(c)  The contracted organization may subcontract for one or more components of implementing the family-based alternatives system with:
(1)  community organizations, including faith-based community organizations;
(2)  nonprofit organizations;
(3)  governmental entities; or
(4)  quasi-governmental entities described by Subsection (a)(2).
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0256. Placement Options

Text of section effective on April 01, 2025
Sec. 546.0256.  PLACEMENT OPTIONS.  (a)  In placing a child in a family-based alternative, the family-based alternatives system may use a variety of placement options, including a shared parenting arrangement between the alternative family and the child's birth family.  Regardless of the option used, a family-based alternative placement must be designed as a long-term arrangement, except in cases in which the child's birth family chooses to return the child to their home.
(b)  Adoption of the child by the child's alternative family is an available option in cases in which the child's birth family's parental rights have been terminated.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0257. Agency Cooperation

Text of section effective on April 01, 2025
Sec. 546.0257.  AGENCY COOPERATION.  Each affected health and human services agency shall:
(1)  cooperate with the contracted organization and any subcontractors; and
(2)  take all action necessary to implement the family-based alternatives system and comply with the requirements of this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0258. Dispute Resolution

Text of section effective on April 01, 2025
Sec. 546.0258.  DISPUTE RESOLUTION.  The commission has final authority to make any decisions and resolve any disputes regarding the family-based alternatives system.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0259. Gifts, Grants, and Donations

Text of section effective on April 01, 2025
Sec. 546.0259.  GIFTS, GRANTS, AND DONATIONS.  The commission or the contracted organization may solicit and accept gifts, grants, and donations to support the family-based alternatives system's functions under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter F. Family-Based Alternatives for Children › Section 546.0260. Annual Report

Text of section effective on April 01, 2025
Sec. 546.0260.  ANNUAL REPORT.  Not later than January 1 of each year, the commission shall report to the legislature on the implementation of the family-based alternatives system.  The report must include a statement of:
(1)  the number of children currently receiving care in an institution;
(2)  the number of children placed in a family-based alternative under the system during the preceding year;
(3)  the number of children who left an institution during the preceding year under an arrangement other than a family-based alternative under the system or for another reason unrelated to the availability of a family-based alternative under the system;
(4)  the number of children waiting for an available placement in a family-based alternative under the system; and
(5)  the number of alternative families trained and available to accept placement of a child under the system.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter G. Long-Term Care Institutions and Facilities › Section 546.0301. Procedures to Review Conduct Related to Certain Institutions and Facilities

Text of section effective on April 01, 2025
Sec. 546.0301.  PROCEDURES TO REVIEW CONDUCT RELATED TO CERTAIN INSTITUTIONS AND FACILITIES.  The commission shall adopt procedures to review:
(1)  citations or penalties assessed for a violation of a rule or law against an institution or facility licensed under Chapter 242, 247, or 252, Health and Safety Code, or certified to participate in Medicaid administered in accordance with Chapter 32, Human Resources Code, considering:
(A)  the number of violations by geographic region;
(B)  the patterns of violations in each region; and
(C)  the outcomes following the assessment of a citation or penalty; and
(2)  the performance of duties by employees and agents of a state agency responsible for licensing, inspecting, surveying, or investigating institutions and facilities licensed under Chapter 242, 247, or 252, Health and Safety Code, or certified to participate in Medicaid administered in accordance with Chapter 32, Human Resources Code, related to:
(A)  complaints the commission receives; or
(B)  any standards or rules violated by an employee or agent of a state agency.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter G. Long-Term Care Institutions and Facilities › Section 546.0302. Issuance of Materials to Certain Long-Term Care Facilities

Text of section effective on April 01, 2025
Sec. 546.0302.  ISSUANCE OF MATERIALS TO CERTAIN LONG-TERM CARE FACILITIES.  The executive commissioner shall:
(1)  review the commission's methods for issuing informational letters, policy updates, policy clarifications, and other related materials to an entity licensed under Chapter 103, Human Resources Code, or Chapter 242, 247, 248A, or 252, Health and Safety Code; and
(2)  develop and implement more efficient methods to issue those materials, as appropriate.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter H. Incentive Payment Program for Certain Nursing Facilities › Section 546.0351. Definitions

Text of section effective on April 01, 2025
Sec. 546.0351.  DEFINITIONS.  In this subchapter:
(1)  "Incentive payment program" means the program established under this subchapter.
(2)  "Nursing facility" means a convalescent or nursing home or related institution licensed under Chapter 242, Health and Safety Code, that provides long-term care services, as defined by Section 22.0011, Human Resources Code, to recipients.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.