Texas Child Protection Law Bench Book

August 2015 edition

10. Medical and Mental Health Care for Foster Youth

Physical, dental, eye, immunization, and behavioral health for children in foster care are covered by two managed care programs, STAR Health, a division of Superior Health, and Cenpatico Behavioral Health, a division of the Centene Corporation.

Eligibility:

⧠ All children in DFPS conservatorship and young adults in extended foster care or those young adults who have returned to foster care, up to age 22. Tex. Fam. Code § 264.101(a-1); Tex. Fam. Code § 264.101(a-2)

⧠ All youth who turned 18 in foster care and received healthcare through Medicaid (STAR Health or other), but who did not return to extended foster care, are covered under STAR Health or STAR Medicaid under the Affordable Care Act up to age 26. Affordable Care Act PL 111-148

Information Required in DFPS Permanency and Placement Review Hearing Court Reports:

⧠ Nature of any emergency medical care provided to child and circumstances necessitating care, include injury or acute illness of child.

⧠ All medical and mental health treatment child is receiving and child’s progress with treatment (this includes ANY physical, dental, eye, immunization, and mental health issues).

⧠ Any medication prescribed for child, condition, diagnosis, and symptoms for which medication was prescribed, and child’s progress with medication.

⧠ For child receiving psychotropic medication:

•   Any psychosocial therapies, behavior strategies, or other nonpharmacological interventions provided to child; and

•   The child has seen or is seeing his/her prescribing physician, physician assistant or advanced practice nurse every 90 days.

⧠ Degree to which child or foster care provider complied or failed to comply with any plan of medical treatment for child.

⧠ Any adverse reaction to, or side effects of, any medical treatment provided to child.

⧠ Any specific medical condition of child diagnosed or for which tests are being conducted to make diagnosis.

⧠ Any activity child should avoid or engage in that might impact effectiveness of treatment, including physical activities, other medications, and diet.

⧠ Other info required by DFPS or rule of court. Tex.Fam. Code § 266.007

Additional Requirements that Courts Should Monitor:

⧠ Child has been provided the opportunity to comment on the medical care being provided. Tex.Fam. Code § 266.007

⧠ DFPS has provided any parent who retains rights notice of initial prescriptions or changes in dosage. Tex.Fam. Code § 266.005; Tex. Fam. Code § 264.018

⧠ Each AAL and GAL has reviewed the medical care. Tex.Fam. Code § 107.002 (b-1); Tex.Fam. Code § 107.003(b)(1)

⧠ Each AAL has elicited from client his/her view on the medical care being provided. Tex.Fam. Code § 107.003(b)(2)

⧠ AAL has advised youth 16 and older of the right to request medical consenter designation from the court. Tex.Fam. Code § 107.003(b)(3)