83R3807 JSL-D
	By: Uresti	S.B. No. 1789

	A BILL TO BE ENTITLED
	AN ACT
	relating to the stability of placements for children in the
	conservatorship of the Department of Family and Protective
	Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 263, Family Code, is amended by adding
	Subchapter D-1 to read as follows:
	SUBCHAPTER D-1. PLACEMENT STABILITY
	Sec. 263.351.  PLACEMENT STABILITY CONFERENCE. (a) The
	department shall hold a placement stability conference for each
	child for whom the department has been appointed temporary or
	permanent managing conservator after the department receives
	notice of a second failed placement for the child. The goal of the
	placement stability conference is to determine a placement for the
	child that will provide the greatest opportunity for future
	stability and permanency.
	(b)  The department shall hold the placement stability
	conference as soon as practicable after the child's second failed
	placement, but not later than the 10th day after the date the
	department receives notice of the failed placement.
	(c)  The department may hold additional placement stability
	conferences for the child after any subsequent failed placement at
	the department's discretion.
	(d)  A child's attorney ad litem, guardian ad litem, or
	court-appointed volunteer advocate may request the department to
	hold additional placement stability conferences for the child.
	Sec. 263.352.  NOTICE. (a) Not later than the second day
	after the date the department receives notice that a second
	placement for a child has failed, the department shall give notice
	of the placement stability conference to:
	(1)  each person listed in Section 263.301(b); and
	(2)  the child, if the child is at least four years of
	age.
	(b)  The notice may be given by any appropriate means,
	including by mail, e-mail, telephone, or other electronic means.
	Sec. 263.353.  ATTENDANCE AT PLACEMENT STABILITY
	CONFERENCE. (a) The child's attorney ad litem, the child's guardian
	ad litem, the child protective services caseworker assigned to the
	child, and any court-appointed volunteer advocate for the child
	shall attend the placement stability conference.
	(b)  Each person entitled to receive notice of the placement
	stability conference may attend the conference, except that a
	child's parents may attend the conference only if the department
	determines it is appropriate.
	(c)  A person may attend a placement stability conference in
	person or by use of telephone conference call or video conference
	call.
	Sec. 263.354.  RECOMMENDATION FOR PLACEMENT. (a) At the
	placement stability conference, the child's caseworker shall make a
	recommendation for the placement of the child that will provide the
	greatest opportunity for future stability and permanency.
	(b)  The child's attorney ad litem, the child's guardian ad
	litem, and any court-appointed volunteer advocate for the child may
	make a placement recommendation for the child.
	(c)  The child's attorney ad litem, the child's guardian ad
	litem, the child's caseworker, and any court-appointed volunteer
	advocate for the child must all agree to the placement.
	(d)  If the child's attorney ad litem, the child's guardian
	ad litem, the child's caseworker, and any court-appointed volunteer
	advocate reach a unanimous agreement on placement, the child shall
	be placed in the agreed placement.
	Sec. 263.355.  JUDICIAL REVIEW OF PLACEMENT. (a) If the
	child's attorney ad litem, the child's guardian ad litem, the
	child's caseworker, and any court-appointed volunteer advocate are
	not able to reach a unanimous agreement regarding the child's
	placement at the placement stability conference, the court shall
	decide the placement for the child.
	(b)  Not later than the next business day after the date of a
	placement stability conference at which there is not a unanimous
	agreement for the placement of the child, the department shall file
	a motion with the court requesting that the court render an order on
	the child's placement.
	(c)  The court shall hold a hearing on the child's placement
	not later than the 12th day after the date the motion for a hearing
	is filed under Subsection (b).
	(d)  The department shall provide notice of the hearing to
	each person listed in Section 263.301(b) not later than the 10th day
	before the date of the hearing. The department shall give notice as
	provided by Rule 21a, Texas Rules of Civil Procedure.
	(e)  The following are entitled to present evidence and be
	heard at the hearing:
	(1)  the department;
	(2)  the child's attorney ad litem;
	(3)  the child's guardian ad litem; and
	(4)  any court-appointed volunteer advocate for the
	child.
	(f)  The child shall attend a hearing under this section
	unless the court specifically excuses the child's attendance.  The
	court may consult with the child in a developmentally appropriate
	manner regarding the child's placement if the child is at least four
	years of age.  Failure by the child to attend a hearing does not
	affect the validity of an order rendered at the hearing.
	(g)  The court shall conduct the hearing in any manner the
	court considers appropriate. The court may require the department
	or another party to submit written reports to assist the court in
	making the court's determination.
	(h)  At the conclusion of the hearing, the court shall render
	an order providing for the child's placement that is in the child's
	best interests and would provide the greatest opportunity for
	future stability and permanency.
	Sec. 263.356.  PERMANENCY PLANNING MEETINGS. The department
	is not required to hold a scheduled permanency planning meeting for
	a child if a placement stability conference for the child has been
	held not earlier than the 30th day before the date a permanency
	planning meeting is scheduled.
	Sec. 263.357.  PLACEMENT TRACKING SYSTEM. (a) The
	department shall identify each child for whom the department has
	been appointed temporary or permanent managing conservator who has
	had two or more placements during the preceding 12 months. For each
	child identified under this subsection, the department shall
	collect the following information:
	(1)  the number of placement changes for the child;
	(2)  whether a placement change occurred for any of the
	following reasons:
	(A)  the child ran away;
	(B)  the caregiver or child-placing agency
	responsible for placing the child requested the change;
	(C)  the child was hospitalized for medical or
	mental health reasons; or
	(D)  the child refused to remain in the placement;
	and
	(3)  if a placement change occurred due to a reason
	listed under Subdivision (2):
	(A)  the child's name;
	(B)  the child's age;
	(C)  the address of the child's current placement;
	(D)  the court in which the suit affecting the
	parent-child relationship involving the child is pending;
	(E)  the county and department region in which the
	court is located;
	(F)  the reason for each placement change;
	(G)  the child-placing agency responsible for
	placing the child;
	(H)  the child protective services program
	administrator assigned to the child;
	(I)  any centralized placement coordinator or
	centralized placement unit assigned to the child; and
	(J)  the level of care the child was determined to
	require.
	(b)  At least once each month, the department shall prepare a
	report from the information collected under Subsection (a) and
	provide the report to the commissioner of the department and the
	assistant commissioner for child protective services.
	(c)  The department shall include the aggregated data
	compiled under Subsection (b) in the department's annual data
	report.
	SECTION 2.  (a)  Except as provided by Subsection (b) of this
	section, this Act takes effect January 1, 2014.
	(b)  Section 263.357, Family Code, as added by this Act,
	takes effect September 1, 2013.