(a) In this section, “community-based care” has the meaning assigned by § 264.152.
(b) Appropriate department management personnel from a child protective services region in which community-based care has not been implemented, in collaboration with foster care providers, faith-based entities, and child advocates in that region, shall use data collected by the department on foster care capacity needs and availability of each type of foster care and kinship placement in the region to create a plan to address the substitute care capacity needs in the region. The plan must identify both short-term and long-term goals and strategies for addressing those capacity needs.

(b-1) Notwithstanding § 264.0011, the Health and Human Services Commission, in collaboration with the department and each single source continuum contractor in this state, shall develop a plan to increase the placement capacity in each catchment area of the state with the goal of eliminating the need to place a child outside of the child’s community. In developing the plan, the commission shall:
(1) evaluate whether contracting for additional capacity at residential treatment centers, facilities that provide mental inpatient or outpatient beds for crisis intervention and stabilization purposes only for children with severe behavioral health or mental health needs, and other potential temporary placement options provides the best methods for meeting capacity shortages; and
(2) make a recommendation to the department regarding contracting for additional capacity.
(b-2) A plan developed under Subsection (b-1) that includes the use of an inpatient or outpatient mental health facility must require the facility to discharge a child placed in the facility not later than 72 hours after the treating health care provider determines it is not medically necessary for the child to remain in the facility.
(b-3) The plan developed under Subsection (b-1) must include information and contingency plans to ensure adequate capacity in other facilities to meet placement needs when a facility is placed on probation.
(b-4) The department and each single source continuum contractor shall contract with facilities for reserve beds to ensure the department may place each child in a facility if capacity is otherwise unavailable.
(c) A foster care capacity needs plan developed under Subsection (b) must be:
(1) submitted to and approved by the commissioner; and
(2) updated annually.
(d) The department shall publish each initial foster care capacity needs plan and each annual update to a plan on the department’s Internet website.