Bill Text: TX HB3123 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to codifying federal foster care funding requirements to locate and provide information to relatives and other adults following the removal of a child by the Department of Family and Protective Services, and court findings regarding those efforts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-16 - Referred to Health & Human Services [HB3123 Detail]

Download: Texas-2011-HB3123-Engrossed.html
 
 
  By: Thompson, Parker H.B. No. 3123
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to codifying federal foster care funding requirements to
  locate and provide information to relatives and other adults
  following the removal of a child by the Department of Family and
  Protective Services, and court findings regarding those efforts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 262, Family Code, is
  amended by adding Section 262.115 to read as follows:
         Sec. 262.115.  DUTY TO INFORM ADULT RELATIVES AND OTHER
  PERSONS FOLLOWING REMOVAL OF A CHILD.  (a)  Except as provided by
  Subsection (d), if a child is removed from home, the department
  shall within 30 days of the removal exercise due diligence to
  identify and provide information to the following persons:
               (1)  at minimum:
                     (i)  all adult relatives related to the child
  within the third degree of consanguinity or affinity as defined by
  Chapter 573, Government Code, including the adult relatives of the
  alleged father that the department determines is the most likely to
  be the biological father; and
                     (ii)  all adult persons identified in a child
  placement resources form completed by a parent, a person having
  legal custody of the child, an alleged father, or relative;
               (2)  at the department's discretion, any other adult
  relatives or adult persons with a longstanding and significant
  relationship with the child that the department has determined to
  be a possible appropriate placement for the child.
         (b)  To identify and locate the persons under Subsection (a),
  the department shall seek information from the parent(s), alleged
  father, relatives that have been located, and the child, in an
  age-appropriate manner.  A parent or alleged father's failure to
  complete a child placement resources form does not satisfy the
  department's duty to seek information from the parent under this
  subsection.
         (c)  The information to persons under this section shall
  provide:
               (1)  that the child has been removed from his or her
  home;
               (2)  an explanation of the various options to
  participate in the care and placement of the child and support for
  the child's family, including any options that may be lost by
  failing to respond; and
               (3)  the date, time, and location of the status hearing,
  if one has been set, inviting the person's participation in the
  case. If the status hearing has not been set, the department shall
  subsequently provide these persons with the date, time, and
  location of the status hearing.
         (d)  The department is not required to provide information to
  a person under Subsection (a)(1) if the person:
               (1)  has a history of family or domestic violence or a
  criminal history that makes participation inappropriate; or
               (2)  has already received service of citation under
  Section 102.009.
         (e)  Before the status hearing conducted under Subchapter C,
  Chapter 263, the department shall file a report with the court
  stating the efforts made to locate and provide information to
  persons as required by this section and efforts made to locate an
  alleged father of the child, regardless of whether that alleged
  father has registered with the registry established under
  Subchapter E, Chapter 160.  The report shall list the names of
  persons that have been located and provided information.  If a
  person under Subsection (a)(1) has not been located or provided
  information, the report shall state any reason for not locating or
  providing information to that person.
         (f)  The court shall review the report, inquire into the
  department's diligent efforts, and make orders directing the
  department to continue efforts to locate certain persons if
  appropriate.
         SECTION 2.  Section 263.103, Family Code, is amended to read
  as follows:
         Sec. 263.103.  SERVICE PLAN: SIGNING AND TAKING EFFECT. (a)
  The service plan shall be developed jointly by the parent(s) of the
  child and a representative of the department or other agency. If the
  parent is not able or willing to participate in the development of
  the case plan, it should be so noted in the plan.
         (a-1)  Before the service plan is signed, the child's parents
  and the representative of the department or other agency shall
  discuss each term and condition of the plan.
         (b)  The child's parents and the person preparing the service
  plan shall sign the plan, and the department shall give each parent
  a copy of the service plan.
         (c)  If the department or other authorized agency determines
  that the child's parents are unable or unwilling to participate in
  the development of the service plan or sign the service plan, the
  department may file the plan without the parents' signatures.
         (d)  The plan takes effect when:
               (1)  the child's parents and the appropriate
  representative of the department or other authorized agency sign
  the plan; or
               (2)  the court issues an order giving effect to a plan
  filed with the court [department or other authorized agency files
  the plan] without the parent(s)' [parents'] signatures.
         (e)  The service plan is in effect until amended by the court
  or by agreement of the parties.
         SECTION 3.  Sections 263.201(a) and (b), Family Code, are
  amended to read as follows:
         (a)  Not later than the 60th day after the date the court
  renders a temporary order appointing the department as temporary
  managing conservator of a child, the court shall hold a status
  hearing to review the child's status and the service plan developed
  for the child.
         (b)  A status hearing is not required if the court holds an
  initial permanency hearing under Section 262.2015 before the date a
  status hearing is required by this section and the court makes the
  findings required by this subchapter during the permanency hearing.
         SECTION 4.  Section 263.202, Family Code, is amended to read
  as follows:
         Sec. 263.202.  STATUS HEARING; FINDINGS. (a) If all
  parties or persons entitled to service of citation and notice of the
  status hearing [under this chapter] were not served, the court
  shall make findings as to whether:
               (1)  the department [or other agency] has exercised due
  diligence to locate all necessary persons, including an alleged
  father of the child, regardless of whether that alleged father has
  registered with the registry established under Subchapter E,
  Chapter 160; and
               (2)  that each [custodial] parent, alleged father, [or]
  relative of the child, and child before the court has furnished to
  the department all available information necessary to locate
  another absent parent, alleged father, or relative of the child
  through exercise of due diligence.
         (b)  The court shall review the report filed by the
  department, as provided by Section 262.115, inquire into the
  department's diligent efforts, and determine whether the
  department has satisfied its duty to locate and provide information
  to all adult relatives and other persons, as required by Section
  262.115. The court shall order the department to continue making
  diligent efforts to locate and provide information to certain
  persons, if appropriate.
         (c)  The court shall require each parent, alleged father, or
  relative of the child before the court to submit the child placement
  resources form provided under Section 261.307 at the status
  hearing, if the form has not previously been submitted.
         (d)  The court shall review [Except as provided by Subsection
  (e), a status hearing shall be limited to matters related to] the
  contents and execution of the service plan filed with the court[.  
  The court shall review the service plan that the department or other
  agency filed under this chapter] for reasonableness, accuracy, and
  compliance with requirements of court orders.  The court shall 
  [and] make findings as to whether:
               (1)  a plan that has the goal of returning the child to
  the child's parents adequately ensures that reasonable efforts are
  made to enable the child's parents to provide a safe environment for
  the child; [and]
               (2)  the plan is reasonably tailored to address
  specific issues identified by the department;
               (3)  the child's parents have reviewed and understand
  the service plan; and
               (4)  the child's parent and representative of the
  department or other authorized agency have signed the plan [have
  been advised that unless the parents are willing and able to provide
  the child with a safe environment, even with the assistance of a
  service plan, within the reasonable period of time specified in the
  plan, the parents' parental and custodial duties and rights may be
  subject to restriction or to termination under this code or the
  child may not be returned to the parents.
         [(c)     The court shall advise the parties that progress under
  the service plan will be reviewed at all subsequent hearings,
  including a review of whether the parties have acquired or learned
  any specific skills or knowledge stated in the service plan.
         [(d)     If a service plan with respect to a parent has not been
  filed with the court, the court shall consider whether to waive the
  service plan under Section 262.2015].
         (e)  
  The court shall give the parent or parents an
  opportunity to express any concerns relating to the plan.
         (f) [(e)]  At the status hearing, the court shall make a
  finding as to whether the court has identified the individual who
  has the right to consent for the child under Section 266.003.
         SECTION 5.  Subchapter C, Chapter 263, Family Code, is
  amended by adding Section 263.203 to read as follows:
         Sec. 263.203.  STATUS HEARING; ADMONISHMENTS.  (a)  If any
  person eligible for an appointed attorney ad litem under Chapter
  107 has not already received an appointed attorney or hired
  counsel, the court should advise that person of the right to
  court-appointed counsel if the requirements of those sections are
  met.  The court shall appoint an attorney for any eligible persons.
         (b)  The court shall inform each parent in open court that
  parental and custodial rights and duties may be subject to
  restriction or to termination unless the parent or parents are
  willing and able to provide the child with a safe environment.
         (c)  The court shall advise the parties that progress under
  the service plan will be reviewed at all subsequent hearings,
  including a review of whether the parties have acquired or learned
  any specific skills or knowledge stated in the service plan.
         SECTION 6.  Section 263.104, Family Code, is repealed.
         SECTION 7.  This Act takes effect September 1, 2011.
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