Bill Text: TX HB3123 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Thompson, Parker | H.B. No. 3123 |
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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 | ||
of Chapter 263, the department shall file an 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 part (1) of subsection (a) 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 | ||
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court without the parent(s)' signatures. | ||
(e) The service plan is in effect until amended by the court | ||
or by agreement of the parties. | ||
SECTION 3. Section 263.201, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.201. STATUS HEARING; TIME. (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(a), 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 [ |
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shall make findings as to whether: | ||
(1) the department [ |
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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 [ |
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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) [ |
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contents and execution of the service plan filed with the court[ |
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compliance with requirements of court orders. The court shall | ||
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(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; [ |
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(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. [ |
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(e) The court shall give the parent or parents an opportunity | ||
to express any concerns relating to the plan. | ||
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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. |