By: Price, et al. (Senate Sponsor - Birdwell) H.B. No. 1542          (In the Senate - Received from the House May 8, 2017;   May 15, 2017, read first time and referred to Committee on Health &   Human Services; May 19, 2017, reported favorably by the following   vote:  Yeas 8, Nays 0; May 19, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   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)  If the Department of Family and Protective   Services receives a formal determination from the United States   Department of Health and Human Services stating that implementing   the changes in law made by this Act will result in a reduction in   federal funding under either Title IV-E, Social Security Act (42   U.S.C. Section 670 et seq.) or a related source of federal funds,   the Department of Family and Protective Services may not implement   this Act.          (b)  For the purpose of Subsection (a) of this section,   "formal determination" means a written opinion or penalty   assessment contained in a Child and Family Services Review   conducted by the Administration for Children and Families in the   United States Department of Health and Human Services regarding the   federal funding implications of the implementation of this Act.          SECTION 6.  This Act takes effect September 1, 2017.     * * * * *