CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS

Chapter 115, consisting of Secs. 115.001 to 115.012, was added by

Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1. and Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2.

For another Chapter 115, consisting of Secs. 115.001 to 115.012,

added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, see Sec. 115.001 et seq.

Sec. 115.001. DEFINITIONS. In this chapter:

(1) "Children with special needs" means children younger than 22

years of age diagnosed with a chronic illness, intellectual or

other developmental disability, or serious mental illness.

(2) "Commission" means the Health and Human Services Commission.

(3) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(4) "Task force" means the Interagency Task Force for Children

with Special Needs established under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.002. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS. The

governor, or the governor's designee, shall oversee the task

force created and administered by the commission to improve the

coordination, quality, and efficiency of services for children

with special needs.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.003. DUTIES. The task force shall:

(1) not later than September 1, 2010, coordinate with federal

agencies to compile a list of opportunities to increase flexible

funding for services for children with special needs, including

alternative funding sources and service delivery options;

(2) conduct a review of state agency policies and procedures

related to service delivery for children with special needs;

(3) perform a needs assessment, including public hearings to

identify service delivery gaps, system entry points, and service

obstacles; and

(4) develop a five-year plan to improve the coordination,

quality, and efficiency of services for children with special

needs under Section 115.004.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.004. TASK FORCE PLAN. (a) In developing the five-year

plan under this chapter, the task force shall:

(1) identify the party responsible for each action set forth in

the plan and set deadlines for implementation of each

recommendation;

(2) create benchmarks to measure progress toward goals and

objectives;

(3) consult with the Legislative Budget Board to coordinate

relevant cost studies and account for long-term savings of

short-term child investments;

(4) consult with personnel from other states to identify best

practices;

(5) consult with the state demographer and relevant federal

agencies to account for future demographic trends;

(6) consult with pediatric specialists and other health care

providers to determine best medical practices;

(7) coordinate with mental health and developmental disability

advocates; and

(8) develop a timeline for plan implementation.

(b) The plan created under this chapter must provide

recommendations to:

(1) maximize the use of federal funds available to this state

for the purposes described by Section 115.002;

(2) reduce the number of families who experience crisis due to

insufficient and ineffective interventions or services or lack of

coordination and planning of interventions or services;

(3) improve families' ability to navigate the system through

improved coordination between service providers and increased

outreach;

(4) remove barriers to local coordination of services and

supports;

(5) evaluate the feasibility of creating an interagency legally

authorized representative program to provide support services for

children with special needs;

(6) improve early detection and intervention services;

(7) increase the number of community-based options for children

with special needs;

(8) improve accountability for each agency represented on the

task force and other service providers;

(9) reduce existing fragmentation of service delivery to reflect

best practices and eliminate ineffective interventions;

(10) reduce service gaps and overlap;

(11) improve data management;

(12) prevent unnecessary parental relinquishment of custody;

(13) create a core set of quality measures to determine quality

of care and improvements to quality of life; and

(14) improve availability of high-quality community-based acute

and long-term care services and supports.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.005. MEMORANDUM OF UNDERSTANDING. The governor's

office and each agency represented on the task force shall enter

into a memorandum of understanding to implement the task force's

duties under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.006. REPORT. (a) The task force shall submit a

biennial report on the progress of each agency represented on the

task force in accomplishing the goals described by Section

115.002 to the governor, lieutenant governor, and speaker of the

house of representatives.

(b) The report must include:

(1) stakeholder input, including testimony from parents in each

health and human services district;

(2) progress toward meeting each goal outlined in the plan under

Section 115.004;

(3) current barriers that prevent accomplishing each goal listed

in Subdivision (2);

(4) additional resource needs;

(5) current resources that could be redirected for more

efficient and effective use;

(6) amendments to the plan under this chapter;

(7) recommendations and proposed legislation to help fulfill the

goals of this chapter; and

(8) feasibility statements on related recommendations.

(c) The task force shall publish the report on the commission's

website.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.007. COMPOSITION. (a) The task force consists of:

(1) the commissioner, the executive director or director, or a

deputy or assistant commissioner of:

(A) the commission, designated by the executive commissioner;

(B) the Department of Aging and Disability Services, designated

by the commissioner of that agency;

(C) the Department of Assistive and Rehabilitative Services,

designated by the commissioner of that agency;

(D) the division of early childhood intervention services,

designated by the commissioner of the Department of Assistive and

Rehabilitative Services;

(E) the Department of Family and Protective Services, designated

by the commissioner of that agency;

(F) the Department of State Health Services, designated by the

commissioner of that agency;

(G) the Texas Education Agency, designated by the commissioner

of that agency;

(H) the Texas Youth Commission, designated by the executive

commissioner of that agency;

(I) the Texas Juvenile Probation Commission, designated by the

executive director of that agency; and

(J) the Texas Correctional Office on Offenders with Medical or

Mental Impairments, designated by the director of that office;

and

(2) eight nonvoting members who are:

(A) a representative of a local mental health authority or a

local mental retardation authority, appointed by the governor;

(B) two members of the house of representatives, appointed by

the speaker of the house of representatives;

(C) two senators, appointed by the lieutenant governor; and

(D) three parents or consumer advocates, one each appointed by

the commission, the Texas Education Agency, and the Texas Youth

Commission.

(b) The members of the task force appointed under Subsection

(a)(2)(D) may serve a five-year term or may elect to serve for a

shorter period.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.008. MEETINGS. (a) The task force shall meet at least

once each quarter.

(b) The task force shall provide an opportunity for statewide

public participation in at least two meetings in each calendar

year.

(c) All meetings of the task force shall be conducted in

accordance with Chapter 551, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.009. INTERAGENCY COORDINATOR; STAFF. (a) The governor

shall appoint an interagency coordinator from the commission as

the presiding officer of the task force.

(b) The interagency coordinator shall hire a full-time director

and administrative assistant to support the duties and functions

of the task force.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.010. TASK FORCE DIRECTOR. The task force director

hired by the interagency coordinator under Section 115.009 shall:

(1) prepare on behalf of the task force the plan and reports

required under this chapter;

(2) work with each task force representative to schedule

meetings and deadlines relevant to the representative's agency;

and

(3) work with the interagency coordinator to assign subcommittee

leadership positions under Section 115.011.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.011. SUBCOMMITTEES. (a) The interagency coordinator,

assisted by the task force director, shall establish

subcommittees to address:

(1) early childhood detection and intervention;

(2) education;

(3) health care;

(4) transitioning youth;

(5) crisis prevention and intervention;

(6) juvenile justice;

(7) long-term, community-based services and supports; and

(8) mental health.

(b) Each subcommittee shall include at least one task force

member to serve as chair. Consistent with the purpose of each

subcommittee, members shall consult with relevant subject matter

experts, relevant advocacy organizations, staff from related

agencies, and parents or consumers who have used related

services.

(c) Each subcommittee shall report the subcommittee's findings

and related recommendations at a task force meeting at least once

each year. On a biennial basis, the subcommittee shall provide a

written report with findings and recommendations not less than

two months before the scheduled release of the task force report

under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.

Sec. 115.012. SUNSET PROVISION. The Interagency Task Force for

Children With Special Needs is subject to Chapter 325, Government

Code (Texas Sunset Act). Unless continued in existence as

provided by that chapter, the task force is abolished and this

chapter expires September 1, 2015.

Added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, eff. September 1, 2009.