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HOUSE BILL 2188
By Stinnett
SENATE BILL 2362
By Massey
SB2362
011861
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 8; Title 9; Title 33; Title 37 and Title 52,
relative to children with certain disabilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 37, Chapter 5, Part 1, is amended by
adding the following as a new section:
(a) The department shall enter into an interagency agreement with the
department of disability and aging (DDA) to leverage DDA's expertise in providing
services and oversight for children in state custody or at risk of coming into state custody
who have intellectual or developmental disabilities (I/DD). The department shall
implement recommendations from DDA on the following:
(1) Service evaluation for children in or at risk of coming into state
custody. As used in this subdivision (a)(1), "service evaluation" means
evaluating a child's needs for I/DD services and also evaluating the
appropriateness, effectiveness, and quality of I/DD services being received by a
child in or at risk of coming into state custody. The department shall ensure that
children with I/DD or suspected I/DD, in or at risk of coming into state custody,
are referred to DDA. The referral must include any information indicating
suspicion that a child may have I/DD made by appropriately qualified
professionals. DDA or their contracted entity will evaluate the child to determine
if the child has an I/DD and make recommendations as to appropriate services
and supports;
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(2) Placement for children with I/DD in or at risk of coming into state
custody. DDA will use their expertise to identify the most appropriate placement
setting for each child with I/DD. The department shall implement the placement
recommendation from DDA for each child placed, and the department shall
implement I/DD service definitions, as established in collaboration with DDA, in
all settings serving children with I/DD;
(3) Oversight of placements for children with I/DD. DDA will maintain
oversight of the placement and the quality and effectiveness of the I/DD services
being provided. DDA shall ensure individualized support plans are implemented
for each child and that provider staff are appropriately trained on those individual
support plans. Oversight of placement must include, but not be limited to, the
development and implementation of quality oversight tools and processes,
including a yearly quality management survey and conducting joint investigations
of allegations of abuse, neglect, or exploitation of a child and ensuring
accountability for providers when there is a substantiated investigation;
(4) Training for department of children's services staff and providers
working with children who have I/DD. Within this interagency agreement, DDA
shall develop and establish training for department of children's services staff in
identifying and supporting a child that may have an I/DD. DDA shall also develop
and establish training requirements for provider staff working with a child with
I/DD; and
(5) Disability-specific care coordination for the purpose of ensuring that
children with I/DD in state custody are assigned to a DDA care coordinator or
DDA-contracted entity who works alongside the forensic social worker to
coordinate disability-specific supports and services.
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(b) The department shall submit a report outlining the department's compliance
with subsection (a) by January 1, 2027, and annually thereafter to the chair of the senate
judiciary committee, the chair of the senate health and welfare committee, the chairs of
the joint government operations committee, the chair of the committee of the house of
representatives having subject matter jurisdiction over civil matters, and the chair of the
committee of the house of representatives having subject matter jurisdiction over health
matters. The report must include:
(1) The number of children referred by the department to DDA;
(2) The number of children evaluated by DDA;
(3) The placement and levels of service definition of placement for
children with DDA, and any gaps or delays in placement;
(4) Reports on oversight of placement, including a summary of findings
from the yearly quality management survey, a summary of any investigations of
placements for abuse, neglect, or exploitation of a child, and corrective actions
taken to ensure accountability;
(5) The status of training as outlined in subdivision (a)(4); and
(6) The status of care coordination services as outlined in subdivision
(a)(5).
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.