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Texas Human Resources Code - Section 45.002. Privatizing Substitute Care And Case Management Services; Department Duties

Legal Research Home > Texas Laws > Human Resources Code > Texas Human Resources Code - Section 45.002. Privatizing Substitute Care And Case Management Services; Department Duties

§ 45.002. PRIVATIZING SUBSTITUTE CARE AND CASE MANAGEMENT 
SERVICES;  DEPARTMENT DUTIES.  

Text of section effective until September 1, 2012
	(a)  Not later than September 1, 2011, the department shall 
complete the statewide privatization of the provision of substitute 
care and case management services in this state.
	(b)  On and after September 1, 2011:                                           
		(1)  all substitute care and case management services 
for children for whom the department has been appointed temporary 
or permanent managing conservator must be provided by child-care 
institutions and child-placing agencies;
		(2)  all substitute care and case management service 
providers shall, to the best extent possible, honor the cultural 
and religious affiliations of a child placed in the service 
provider's care, regardless of the religious affiliation of the 
service provider;  and
		(3)  except as provided by Subsections (d) and (e) and 
notwithstanding any other law, the department may not directly 
provide substitute care and case management services.
	(c)  On and after September 1, 2011, the department shall:                     
		(1)  monitor the quality of services for which the 
department and each independent administrator contract under this 
chapter;  and
		(2)  ensure that the services are provided in 
accordance with federal law and the laws of this state, including 
department rules and rules of the Department of State Health 
Services and the Texas Commission on Environmental Quality.
	(d)  On and after September 1, 2011, the department may 
provide substitute care and case management services in an 
emergency.  The executive commissioner shall adopt rules describing 
the circumstances in which the department may provide those 
services.
	(e)  The department may provide substitute care and case 
management services as a provider of last resort as provided by 
Section 264.106(k), Family Code.

Added by Acts 2005, 79th Leg., ch. 268, § 1.123, eff. Sept. 1, 
2005.     

Last modified: August 11, 2007