Mental Health and Child Welfare Legislation

In February, a Texas Politics Project poll revealed 60 percent of Texans feel the state is not investing enough in mental health [1]. Mental health care costs are a barrier for many, as Texas has the highest uninsured rate in the nation [2]. According to Mental Health America, in 2022, Texas ranked last for access to children’s mental health services and 33rd for adult care. Today, 98% of Texas’ 254 counties were wholly or partially designated by the federal government as “mental health professional shortage areas [3].” Representative Senfronia Thompson wrote House Bill 15, which would create the Mental Health and Brain Research Institute of Texas designed to invest in and expand research into neurology and psychological health studies and treatments. The facility will cost $3 billion, funded by the $32.7 billion budget surplus [1]. Lieutenant Governor Dan Patrick announced a $2.3 billion investment to increase mental health care capacity across Texas; the money will be allocated to the Texas Health and Human Services Commission (HHSC) under Senate Bill 30, a supplemental appropriations bill. State leaders plan to build new mental health facilities in Amarillo, Lubbock, Uvalde, and Victoria County; existing facilities in Austin, San Antonio, North Texas, Montgomery County, El Paso, Tyler, Terrell, and the Rio Grande Valley will be upgraded to increase capacity [4].

Mental health needs have increased significantly in Texas since the COVID-19 pandemic began, especially for adolescents [4]. Nearly half of all young people in their teens and 20s struggle with mental health conditions [5]. Texas lawmakers are considering a $280 million funding proposal for the Texas Child Mental Health Consortium, a partnership of 12 medical schools that pool resources and expertise to ensure mental health care for K-12 students. Five programs are housed under the partnership, such as specialized psychiatric consultations for pediatricians; medical training expansion for child psychiatry; and a statewide research network studying trauma, depression, and suicide. The Texas Child Health Access Through Telemedicine (TCHATT) program allows counselors to refer students to a virtual therapist or psychiatrist in the network. These mental health professionals can provide crisis care or initial sessions before referring a student to a long-term provider in the community. The Consortium also has a research focus that provides opportunities for low-income and uninsured Texans to access free long-term mental health care after initial telemedicine sessions end [6].

The Texas Senate passed Senate Bill 26, filed by Sen. Lois Kolkhorst, R-Brenham, to establish a $15 million “Innovation Grant” designed to expand access for grants to health care providers and nonprofit groups who offer mental health treatment for children and families [3]. Any hospital provided with a grant will be allowed to use the money to improve strategies in care that improve resiliency, coping and social skills, familial relationships, and parenting skills [7]. SB 26 requires the state to audit local mental health authorities once every 10 years and publish online data related to mental health care. It will also create a discharge and transition program to help people in state hospitals gradually enter the community [3]. These services would prevent children with mental health issues from being placed in foster care or sent to a juvenile justice facility [4]. The Department of Family and Protective Services (DFPS) has struggled to care for the nearly 20,000 kids in its custody who have been removed from their parents' homes. The House and Senate have proposed giving $300 million of the state budget surplus to DFPS with the aims of increasing due process protections for parents in child abuse investigations; increasing payments to relatives who care for kids in state care; implementing caseload limits for Child Protective Services (CPS) caseworkers; and expanding community-based care, which outsources CPS duties to local third parties to keep foster children closer to their homes [8].

If Senate Bill 26 passes, it will come into effect on September 1 [7]. This November, voters will have the opportunity to approve the creation of the Mental Health and Brain Research Institute of Texas [5]. Although Texas struggles to meet its mental health needs, national support lines are still available. The U.S. Congress designated 9-8-8 as the 24/7 National Suicide Prevention Lifeline number in 2020 [2].

Sources:

[1] https://cbsaustin.com/news/local/88th-legislative-session-texas-lawmakers-focusing-on-investing-in-mental-health-services

[2] https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2023/04/13/mental-health-care-accessibility-tight-in-texas--but-still-existent-

[3] https://www.click2houston.com/news/texas/2023/04/13/texas-senate-approves-15-million-bill-to-expand-local-mental-health-treatment-options-for-children-and-families/

[4] https://communityimpact.com/austin/central-austin/texas-legislature/2023/04/13/texas-senate-puts-2b-toward-expanded-access-to-mental-health-care/

[5] https://www.dallasnews.com/news/politics/2023/04/11/new-institute-for-brain-mental-health-research-advances-in-texas-house/

[6] https://www.texasstandard.org/stories/texas-child-mental-health-consortium-funding-legislature-students/

[7] https://www.kvue.com/article/news/politics/texas-legislature/dan-patrick-endorses-two-bills-mental-health-beds/269-6152fd5b-17e4-40ae-8950-9ffaf8ad0b49

[8] https://www.texastribune.org/2023/03/02/texas-foster-care-legislature-2023/

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