Bill Text: TX SB206 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Passed) 2015-06-18 - See remarks for effective date [SB206 Detail]
Download: Texas-2015-SB206-Comm_Sub.html
Bill Title: Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Passed) 2015-06-18 - See remarks for effective date [SB206 Detail]
Download: Texas-2015-SB206-Comm_Sub.html
84R24397 SCL-D | ||
By: Schwertner, et al. | S.B. No. 206 | |
(Burkett, Raymond) | ||
Substitute the following for S.B. No. 206: No. |
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relating to the continuation and functions of the Department of | ||
Family and Protective Services and procedures applicable to suits | ||
affecting the parent-child relationship, investigations of child | ||
abuse and neglect, and conservatorship of a child; affecting fee | ||
amounts and authorizing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.001, Education Code, is amended by | ||
amending Subsection (g) and adding Subsection (g-1) to read as | ||
follows: | ||
(g) A student who was enrolled in a primary or secondary | ||
public school before the student entered [ |
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conservatorship of the Department of Family and Protective Services | ||
and who is placed at a residence outside the attendance area for the | ||
school or outside the school district is entitled to continue to | ||
attend the school in which the student was enrolled immediately | ||
before entering conservatorship until the student successfully | ||
completes the highest grade level offered by the school at the time | ||
of placement without payment of tuition. The student is entitled to | ||
continue to attend the school regardless of whether the student | ||
remains in the conservatorship of the department for the duration | ||
of the student's enrollment in the school. | ||
(g-1) If a student who is in the conservatorship of the | ||
department is enrolled in a primary or secondary public school, | ||
other than the school in which the student was enrolled at the time | ||
the student was placed in the conservatorship of the department, | ||
the student is entitled to continue to attend that school without | ||
payment of tuition until the student successfully completes the | ||
highest grade level offered by the school at the time of enrollment | ||
in the school, even if the child's placement is changed to a | ||
residence outside the attendance area for that school or outside | ||
the school district. The student is entitled to continue to attend | ||
the school regardless of whether the student remains in the | ||
conservatorship of the department for the duration of the student's | ||
enrollment in the school. | ||
SECTION 2. Section 25.087(b), Education Code, as amended by | ||
Chapter 249 (H.B. 455), Chapter 688 (H.B. 2619), and Chapter 1354 | ||
(S.B. 1404), Acts of the 83rd Legislature, Regular Session, 2013, | ||
is reenacted and amended to read as follows: | ||
(b) A school district shall excuse a student from attending | ||
school for: | ||
(1) the following purposes, including travel for those | ||
purposes: | ||
(A) observing religious holy days; | ||
(B) attending a required court appearance; | ||
(C) appearing at a governmental office to | ||
complete paperwork required in connection with the student's | ||
application for United States citizenship; | ||
(D) taking part in a United States naturalization | ||
oath ceremony; | ||
(E) serving as an election clerk; or | ||
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(F) if the student is in the conservatorship of | ||
the Department of Family and Protective Services, participating, as | ||
determined and documented by the department, in an activity: | ||
(i) ordered by a court under Chapter 262 or | ||
263, Family Code, provided that it is not practicable to schedule | ||
the participation outside of school hours; or | ||
(ii) required under a service plan under | ||
Subchapter B, Chapter 263, Family Code; or | ||
(2) a temporary absence resulting from an appointment | ||
with health care professionals for the student or the student's | ||
child if the student commences classes or returns to school on the | ||
same day of the appointment | ||
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SECTION 3. Section 54.366, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (a)(1), a child who exits | ||
the conservatorship of the Department of Family and Protective | ||
Services and is returned to the child's parent, including a parent | ||
whose parental rights were previously terminated, may be exempt | ||
from the payment of tuition and fees if the department determines | ||
that the child is eligible under department rule. The executive | ||
commissioner of the Health and Human Services Commission shall by | ||
rule develop factors for determining eligibility under this | ||
subsection in consultation with the department and the Texas Higher | ||
Education Coordinating Board. | ||
SECTION 4. Section 51.03(b), Family Code, is amended to | ||
read as follows: | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) the absence of a child on 10 or more days or parts | ||
of days within a six-month period in the same school year or on | ||
three or more days or parts of days within a four-week period from | ||
school; | ||
(3) the voluntary absence of a child from the child's | ||
home without the consent of the child's parent or guardian for a | ||
substantial length of time or without intent to return; | ||
(4) conduct prohibited by city ordinance or by state | ||
law involving the inhalation of the fumes or vapors of paint and | ||
other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(5) an act that violates a school district's | ||
previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(c), | ||
Education Code; | ||
(6) [ |
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described by Section 43.02(a)(1) or (2), Penal Code; or | ||
(7) [ |
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that violates Section 43.261, Penal Code. | ||
SECTION 5. The heading to Section 58.0052, Family Code, is | ||
amended to read as follows: | ||
Sec. 58.0052. INTERAGENCY SHARING OF CERTAIN | ||
NONEDUCATIONAL RECORDS. | ||
SECTION 6. Subchapter A, Chapter 58, Family Code, is | ||
amended by adding Section 58.0053 to read as follows: | ||
Sec. 58.0053. INTERAGENCY SHARING OF JUVENILE PROBATION | ||
RECORDS. (a) On request by the Department of Family and | ||
Protective Services, a juvenile probation officer shall disclose to | ||
the department the terms of probation of a child in the department's | ||
conservatorship. | ||
(b) To the extent of a conflict between this section and | ||
another law of this state applicable to confidential information | ||
held by a governmental agency, this section controls. | ||
(c) This section does not affect the confidential status of | ||
the information being shared. The information may be released to a | ||
third party only as directed by a court order or as otherwise | ||
authorized by law. Personally identifiable information disclosed | ||
to the Department of Family and Protective Services under this | ||
section is not subject to disclosure to a third party under Chapter | ||
552, Government Code. | ||
(d) The Department of Family and Protective Services shall | ||
enter into a memorandum of understanding with the Texas Juvenile | ||
Justice Department to adopt procedures for handling information | ||
requests under this section. | ||
SECTION 7. Chapter 101, Family Code, is amended by adding | ||
Sections 101.0133 and 101.0134 to read as follows: | ||
Sec. 101.0133. FOSTER CARE. "Foster care" means the | ||
placement of a child who is in the conservatorship of the Department | ||
of Family and Protective Services and in care outside the child's | ||
home in an agency foster group home, agency foster home, foster | ||
group home, foster home, or another facility licensed or certified | ||
under Chapter 42, Human Resources Code, in which care is provided | ||
for 24 hours a day. | ||
Sec. 101.0134. FOSTER CHILD. "Foster child" means a child | ||
who is in the managing conservatorship of the Department of Family | ||
and Protective Services. | ||
SECTION 8. Section 103.001(b), Family Code, is amended to | ||
read as follows: | ||
(b) A suit in which adoption is requested may be filed in the | ||
county where the child resides or in the county where the | ||
petitioners reside, regardless of whether another court has | ||
continuing exclusive jurisdiction under Chapter 155. A court that | ||
has continuing exclusive jurisdiction is not required to transfer | ||
the suit affecting the parent-child relationship to the court in | ||
which the adoption suit is filed. | ||
SECTION 9. Section 104.007(b), Family Code, is amended to | ||
read as follows: | ||
(b) In a proceeding brought by the Department of Family and | ||
Protective [ |
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alleged in a suit to have been abused or neglected, the court may | ||
order[ |
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outside the courtroom by videoconference: | ||
(1) on the agreement of the department's counsel and | ||
respondent's counsel; or | ||
(2) if good cause exists, on the court's own motion. | ||
SECTION 10. Section 155.001(c), Family Code, is amended to | ||
read as follows: | ||
(c) If a court of this state has acquired continuing, | ||
exclusive jurisdiction, no other court of this state has | ||
jurisdiction of a suit with regard to that child except as provided | ||
by this chapter, Section 103.001(b), or Chapter 262. | ||
SECTION 11. Section 161.001(b), Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
(b) The court may order termination of the parent-child | ||
relationship if the court finds by clear and convincing evidence: | ||
(1) that the parent has: | ||
(A) voluntarily left the child alone or in the | ||
possession of another not the parent and expressed an intent not to | ||
return; | ||
(B) voluntarily left the child alone or in the | ||
possession of another not the parent without expressing an intent | ||
to return, without providing for the adequate support of the child, | ||
and remained away for a period of at least three months; | ||
(C) voluntarily left the child alone or in the | ||
possession of another without providing adequate support of the | ||
child and remained away for a period of at least six months; | ||
(D) knowingly placed or knowingly allowed the | ||
child to remain in conditions or surroundings which endanger the | ||
physical or emotional well-being of the child; | ||
(E) engaged in conduct or knowingly placed the | ||
child with persons who engaged in conduct which endangers the | ||
physical or emotional well-being of the child; | ||
(F) failed to support the child in accordance | ||
with the parent's ability during a period of one year ending within | ||
six months of the date of the filing of the petition; | ||
(G) abandoned the child without identifying the | ||
child or furnishing means of identification, and the child's | ||
identity cannot be ascertained by the exercise of reasonable | ||
diligence; | ||
(H) voluntarily, and with knowledge of the | ||
pregnancy, abandoned the mother of the child beginning at a time | ||
during her pregnancy with the child and continuing through the | ||
birth, failed to provide adequate support or medical care for the | ||
mother during the period of abandonment before the birth of the | ||
child, and remained apart from the child or failed to support the | ||
child since the birth; | ||
(I) contumaciously refused to submit to a | ||
reasonable and lawful order of a court under Subchapter D, Chapter | ||
261; | ||
(J) been the major cause of: | ||
(i) the failure of the child to be enrolled | ||
in school as required by the Education Code; or | ||
(ii) the child's absence from the child's | ||
home without the consent of the parents or guardian for a | ||
substantial length of time or without the intent to return; | ||
(K) executed before or after the suit is filed an | ||
unrevoked or irrevocable affidavit of relinquishment of parental | ||
rights as provided by this chapter; | ||
(L) been convicted or has been placed on | ||
community supervision, including deferred adjudication community | ||
supervision, for being criminally responsible for the death or | ||
serious injury of a child under the following sections of the Penal | ||
Code, or under a law of another jurisdiction that contains elements | ||
that are substantially similar to the elements of an offense under | ||
one of the following Penal Code sections, or adjudicated under | ||
Title 3 for conduct that caused the death or serious injury of a | ||
child and that would constitute a violation of one of the following | ||
Penal Code sections: | ||
(i) Section 19.02 (murder); | ||
(ii) Section 19.03 (capital murder); | ||
(iii) Section 19.04 (manslaughter); | ||
(iv) Section 21.11 (indecency with a | ||
child); | ||
(v) Section 22.01 (assault); | ||
(vi) Section 22.011 (sexual assault); | ||
(vii) Section 22.02 (aggravated assault); | ||
(viii) Section 22.021 (aggravated sexual | ||
assault); | ||
(ix) Section 22.04 (injury to a child, | ||
elderly individual, or disabled individual); | ||
(x) Section 22.041 (abandoning or | ||
endangering child); | ||
(xi) Section 25.02 (prohibited sexual | ||
conduct); | ||
(xii) Section 43.25 (sexual performance by | ||
a child); | ||
(xiii) Section 43.26 (possession or | ||
promotion of child pornography); | ||
(xiv) Section 21.02 (continuous sexual | ||
abuse of young child or children); | ||
(xv) Section 20A.02(a)(7) or (8) | ||
(trafficking of persons); and | ||
(xvi) Section 43.05(a)(2) (compelling | ||
prostitution); | ||
(M) had his or her parent-child relationship | ||
terminated with respect to another child based on a finding that the | ||
parent's conduct was in violation of Paragraph (D) or (E) or | ||
substantially equivalent provisions of the law of another state; | ||
(N) constructively abandoned the child who has | ||
been in the permanent or temporary managing conservatorship of the | ||
Department of Family and Protective Services for not less than six | ||
months, and: | ||
(i) the department has made reasonable | ||
efforts to return the child to the parent; | ||
(ii) the parent has not regularly visited | ||
or maintained significant contact with the child; and | ||
(iii) the parent has demonstrated an | ||
inability to provide the child with a safe environment; | ||
(O) failed to comply with the provisions of a | ||
court order that specifically established the actions necessary for | ||
the parent to obtain the return of the child who has been in the | ||
permanent or temporary managing conservatorship of the Department | ||
of Family and Protective Services for not less than nine months as a | ||
result of the child's removal from the parent under Chapter 262 for | ||
the abuse or neglect of the child; | ||
(P) used a controlled substance, as defined by | ||
Chapter 481, Health and Safety Code, in a manner that endangered the | ||
health or safety of the child, and: | ||
(i) failed to complete a court-ordered | ||
substance abuse treatment program; or | ||
(ii) after completion of a court-ordered | ||
substance abuse treatment program, continued to abuse a controlled | ||
substance; | ||
(Q) knowingly engaged in criminal conduct that | ||
has resulted in the parent's: | ||
(i) conviction of an offense; and | ||
(ii) confinement or imprisonment and | ||
inability to care for the child for not less than two years from the | ||
date of filing the petition; | ||
(R) been the cause of the child being born | ||
addicted to alcohol or a controlled substance, other than a | ||
controlled substance legally obtained by prescription; | ||
(S) voluntarily delivered the child to a | ||
designated emergency infant care provider under Section 262.302 | ||
without expressing an intent to return for the child; or | ||
(T) been convicted of: | ||
(i) the murder of the other parent of the | ||
child under Section 19.02 or 19.03, Penal Code, or under a law of | ||
another state, federal law, the law of a foreign country, or the | ||
Uniform Code of Military Justice that contains elements that are | ||
substantially similar to the elements of an offense under Section | ||
19.02 or 19.03, Penal Code; | ||
(ii) criminal attempt under Section 15.01, | ||
Penal Code, or under a law of another state, federal law, the law of | ||
a foreign country, or the Uniform Code of Military Justice that | ||
contains elements that are substantially similar to the elements of | ||
an offense under Section 15.01, Penal Code, to commit the offense | ||
described by Subparagraph (i); or | ||
(iii) criminal solicitation under Section | ||
15.03, Penal Code, or under a law of another state, federal law, the | ||
law of a foreign country, or the Uniform Code of Military Justice | ||
that contains elements that are substantially similar to the | ||
elements of an offense under Section 15.03, Penal Code, of the | ||
offense described by Subparagraph (i); and | ||
(2) that termination is in the best interest of the | ||
child. | ||
SECTION 12. Section 162.005(c), Family Code, is transferred | ||
to Section 162.007, Family Code, and redesignated as Section | ||
162.007(e), Family Code, to read as follows: | ||
(e) [ |
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sexual, or emotional abuse suffered by the child, if any. | ||
SECTION 13. The heading to Section 162.006, Family Code, is | ||
amended to read as follows: | ||
Sec. 162.006. ACCESS TO HEALTH, SOCIAL, EDUCATIONAL, AND | ||
GENETIC HISTORY REPORT; RETENTION [ |
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SECTION 14. Section 162.007, Family Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Notwithstanding the other provisions of this section, | ||
the Department of Family and Protective Services may, in accordance | ||
with department rule, modify the form and contents of the health, | ||
social, educational, and genetic history report for a child as the | ||
department determines appropriate based on: | ||
(1) the relationship between the prospective adoptive | ||
parents and the child or the child's birth family; | ||
(2) the provision of the child's case record to the | ||
prospective adoptive parents; or | ||
(3) any other factor specified by department rule. | ||
SECTION 15. (a) Subsections (a), as amended by S.B. 219, | ||
Acts of the 84th Legislature, Regular Session, 2015, and (a-1), | ||
Section 162.006, Family Code, are redesignated as Section 162.0062, | ||
Family Code, and amended to read as follows: | ||
Sec. 162.0062. ACCESS TO INFORMATION. (a) Except as | ||
provided by Subsection (c), the prospective adoptive parents of a | ||
child are entitled to examine the records and other information | ||
relating to the history of the child. The Department of Family and | ||
Protective Services, licensed child-placing agency, or other | ||
person placing a child for adoption shall inform the prospective | ||
adoptive parents of their right to examine the records and other | ||
information relating to the history of the child. The department, | ||
licensed child-placing agency, or other person placing the child | ||
for adoption shall edit the records and information to protect the | ||
identity of the biological parents and any other person whose | ||
identity is confidential. | ||
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include any records relating to an investigation of abuse in which | ||
the child was an alleged or confirmed victim of sexual abuse while | ||
residing in a foster home or other residential child-care facility. | ||
If the licensed child-placing agency or other person placing the | ||
child for adoption does not have the information required by this | ||
subsection, the department, at the request of the licensed | ||
child-placing agency or other person placing the child for | ||
adoption, shall provide the information to the prospective adoptive | ||
parents of the child. | ||
(c) If the prospective adoptive parents of a child have | ||
reviewed the health, social, educational, and genetic history | ||
report for the child and indicated that they want to proceed with | ||
the adoption, the department may, but is not required to, allow the | ||
prospective adoptive parents of the child to examine the records | ||
and other information relating to the history of the child, unless | ||
the prospective adoptive parents request the child's case record. | ||
The department shall provide the child's case record to the | ||
prospective adoptive parents on the request of the prospective | ||
adoptive parents. | ||
(b) Section 162.018, Family Code, as amended by S.B. 219, | ||
Acts of the 84th Legislature, Regular Session, 2015, is transferred | ||
to Section 162.0062, Family Code, as added by this section, | ||
redesignated as Sections 162.0062(d), (e), and (f), Family Code, | ||
and amended to read as follows: | ||
(d) [ |
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child is an adult, are entitled to receive copies of the records | ||
that have been edited to protect the identity of the biological | ||
parents and any other person whose identity is confidential and | ||
other information relating to the history of the child maintained | ||
by the department, licensed child-placing agency, person, or entity | ||
placing the child for adoption. | ||
(e) [ |
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child for adoption to edit the records and information to protect | ||
the identity of the biological parents and any other person whose | ||
identity is confidential. | ||
(f) [ |
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court shall provide to the parents of an adopted child information | ||
provided by the vital statistics unit that describes the functions | ||
of the voluntary adoption registry under Subchapter E. The | ||
licensed child-placing agency shall provide to each of the child's | ||
biological parents known to the agency, the information when the | ||
parent signs an affidavit of relinquishment of parental rights or | ||
affidavit of waiver of interest in a child. The information shall | ||
include the right of the child or biological parent to refuse to | ||
participate in the registry. If the adopted child is 14 years old | ||
or older the court shall provide the information to the child. | ||
SECTION 16. Section 162.304, Family Code, is amended by | ||
amending Subsections (a) and (b-1) and adding Subsection (j) to | ||
read as follows: | ||
(a) The department shall administer a program to provide | ||
adoption assistance for eligible children and enter into adoption | ||
assistance agreements with the adoptive parents of a child as | ||
authorized by Part E of Title IV of the federal Social Security Act, | ||
as amended (42 U.S.C. Section 673). | ||
(b-1) Subject to the availability of funds, the [ |
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department shall pay a $150 subsidy each month for the premiums for | ||
health benefits coverage for a child with respect to whom a court | ||
has entered a final order of adoption if the child: | ||
(1) was in the conservatorship of the department at | ||
the time of the child's adoptive placement; | ||
(2) after the adoption, is not eligible for medical | ||
assistance under Chapter 32, Human Resources Code; and | ||
(3) is younger than 18 years of age. | ||
(j) The department shall keep records necessary to evaluate | ||
the adoption assistance program's effectiveness in encouraging and | ||
promoting the adoption of children. | ||
SECTION 17. Section 162.3041(d), Family Code, is amended to | ||
read as follows: | ||
(d) The department is not required to provide adoption | ||
assistance benefits under Subsection (a) or (a-1) unless funds are | ||
appropriated to the department specifically for purposes of those | ||
subsections. If the legislature does not appropriate sufficient | ||
money to provide adoption assistance to the adoptive parents of all | ||
children described by Subsection (a), the department shall provide | ||
adoption assistance only to the adoptive parents of children | ||
described by Subsection (a)(1). [ |
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SECTION 18. Subchapter D, Chapter 162, Family Code, is | ||
amended by adding Section 162.3085 to read as follows: | ||
Sec. 162.3085. ADOPTIVE PLACEMENT IN COMPLIANCE WITH | ||
FEDERAL LAW REQUIRED. The department or a licensed child-placing | ||
agency making an adoptive placement shall comply with the | ||
Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). | ||
SECTION 19. Section 261.302, Family Code, is amended by | ||
amending Subsection (e) and adding Subsection (e-1) to read as | ||
follows: | ||
(e) An interview with a child in which the allegations of | ||
the current investigation are discussed and that is conducted by | ||
the department during the investigation stage shall be audiotaped | ||
or videotaped unless: | ||
(1) the recording equipment malfunctions and the | ||
malfunction is not the result of a failure to maintain the equipment | ||
or bring adequate supplies for the equipment; | ||
(2) the child is unwilling to allow the interview to be | ||
recorded after the department makes a reasonable effort consistent | ||
with the child's age and development and the circumstances of the | ||
case to convince the child to allow the recording; or | ||
(3) due to circumstances that could not have been | ||
reasonably foreseen or prevented by the department, the department | ||
does not have the necessary recording equipment because the | ||
department employee conducting the interview does not ordinarily | ||
conduct interviews. | ||
(e-1) An interview with a child alleged to be a victim of | ||
physical abuse or sexual abuse conducted by an investigating agency | ||
other than the department shall be audiotaped or videotaped unless | ||
the investigating agency determines that good cause exists for not | ||
audiotaping or videotaping the interview in accordance with rules | ||
of the agency. Good cause may include, but is not limited to, such | ||
considerations as the age of the child and the nature and | ||
seriousness of the allegations under investigation. Nothing in | ||
this subsection shall be construed as prohibiting the investigating | ||
agency from audiotaping or videotaping an interview of a child on | ||
any case for which such audiotaping or videotaping is not required | ||
under this subsection. The fact that the investigating agency | ||
failed to audiotape or videotape an interview is admissible at the | ||
trial of the offense that is the subject of the interview. | ||
SECTION 20. Section 261.3021, Family Code, is amended to | ||
read as follows: | ||
Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT. | ||
Subject to the appropriation of money [ |
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department shall[ |
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impact child safety and require department caseworkers to document | ||
those actions in a child's case file not later than the day after | ||
the action occurs[ |
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SECTION 21. Sections 261.309(b) and (d), Family Code, are | ||
amended to read as follows: | ||
(b) If a person under investigation for allegedly abusing or | ||
neglecting a child requests clarification of the status of the | ||
person's case or files a complaint relating to the conduct of the | ||
department's staff or to department policy, the department shall | ||
conduct an informal review to clarify the person's status or | ||
resolve the complaint. The division of the department responsible | ||
for investigating complaints [ |
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soon as possible but not later than the 14th day after the date the | ||
request or complaint is received. | ||
(d) The [ |
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employee shall conduct the review prescribed by Subsection (c) as | ||
soon as possible but not later than the 45th day after the date the | ||
department receives the request, unless the department has good | ||
cause for extending the deadline. If a civil or criminal court | ||
proceeding or an ongoing criminal investigation relating to the | ||
alleged abuse or neglect investigated by the department is pending, | ||
the department may postpone the review until the court proceeding | ||
is completed. | ||
SECTION 22. Section 261.406(b), Family Code, is amended to | ||
read as follows: | ||
(b) The department shall send a copy of the completed report | ||
of the department's investigation to the Texas Education Agency. | ||
On request, the department shall provide a copy of the completed | ||
report of the department's investigation to[ |
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Educator Certification, the local school board or the school's | ||
governing body, the superintendent of the school district, and the | ||
school principal or director, unless the principal or director is | ||
alleged to have committed the abuse or neglect, for appropriate | ||
action. On request, the department shall provide a copy of the | ||
report of investigation to the parent, managing conservator, or | ||
legal guardian of a child who is the subject of the investigation | ||
and to the person alleged to have committed the abuse or neglect. | ||
The report of investigation shall be edited to protect the identity | ||
of the persons who made the report of abuse or neglect. Other than | ||
the persons authorized by the section to receive a copy of the | ||
report, Section 261.201(b) applies to the release of the report | ||
relating to the investigation of abuse or neglect under this | ||
section and to the identity of the person who made the report of | ||
abuse or neglect. | ||
SECTION 23. Section 262.1095(a), Family Code, is amended to | ||
read as follows: | ||
(a) When the Department of Family and Protective Services or | ||
another agency takes possession of a child under this chapter, the | ||
department: | ||
(1) shall provide information as prescribed by this | ||
section to each adult the department is able to identify and locate | ||
who is: | ||
(A) [ |
||
degree by consanguinity as determined under Chapter 573, Government | ||
Code; | ||
(B) [ |
||
father of the child if [ |
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to believe the alleged father is [ |
||
the child's biological father; or [ |
||
(C) [ |
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or designated caregiver, as defined by Section 264.751, on the | ||
proposed child placement resources form provided under Section | ||
261.307; and | ||
(2) may provide information as prescribed by this | ||
section to each adult the department is able to identify and locate | ||
who has a long-standing and significant relationship with the | ||
child. | ||
SECTION 24. Section 262.114(b), Family Code, is amended to | ||
read as follows: | ||
(b) The department may place a child with a relative or | ||
other designated caregiver [ |
||
child placement resources form if the department determines that | ||
the placement is in the best interest of the child. The department | ||
must complete the background and criminal history check and conduct | ||
a preliminary evaluation of the relative or other designated | ||
caregiver's home before the child is placed with the relative or | ||
other designated caregiver. The department may place the child | ||
with the relative or designated caregiver [ |
||
conducting the [ |
||
study required under Subsection (a). Not later than 48 hours after | ||
the time that the child is placed with the relative or other | ||
designated caregiver, the department shall begin the home study of | ||
the relative or other designated caregiver. The department shall | ||
complete the home study as soon as possible unless otherwise | ||
ordered by a court. The department shall provide a copy of an | ||
informational manual required under Section 261.3071 to the | ||
relative or other designated caregiver at the time of the child's | ||
placement. | ||
SECTION 25. Section 262.115(c), Family Code, is amended to | ||
read as follows: | ||
(c) The department shall ensure that a parent who is | ||
otherwise entitled to possession of the child has an opportunity to | ||
visit the child not later than the fifth [ |
||
the department is named temporary managing conservator of the child | ||
unless: | ||
(1) the department determines that visitation is not | ||
in the child's best interest; or | ||
(2) visitation with the parent would conflict with a | ||
court order relating to possession of or access to the child. | ||
SECTION 26. Section 262.2015(b), Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
(b) The court may find under Subsection (a) that a parent | ||
has subjected the child to aggravated circumstances if: | ||
(1) the parent abandoned the child without | ||
identification or a means for identifying the child; | ||
(2) the child or another child of the parent is a | ||
victim of serious bodily injury or sexual abuse inflicted by the | ||
parent or by another person with the parent's consent; | ||
(3) the parent has engaged in conduct against the | ||
child or another child of the parent that would constitute an | ||
offense under the following provisions of the Penal Code: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 19.04 (manslaughter); | ||
(D) Section 21.11 (indecency with a child); | ||
(E) Section 22.011 (sexual assault); | ||
(F) Section 22.02 (aggravated assault); | ||
(G) Section 22.021 (aggravated sexual assault); | ||
(H) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(I) Section 22.041 (abandoning or endangering | ||
child); | ||
(J) Section 25.02 (prohibited sexual conduct); | ||
(K) Section 43.25 (sexual performance by a | ||
child); | ||
(L) Section 43.26 (possession or promotion of | ||
child pornography); | ||
(M) Section 21.02 (continuous sexual abuse of | ||
young child or children); | ||
(N) Section 43.05(a)(2) (compelling | ||
prostitution); or | ||
(O) Section 20A.02(a)(7) or (8) (trafficking of | ||
persons); | ||
(4) the parent voluntarily left the child alone or in | ||
the possession of another person not the parent of the child for at | ||
least six months without expressing an intent to return and without | ||
providing adequate support for the child; | ||
(5) the parent's parental rights with regard to | ||
another child have been involuntarily terminated based on a finding | ||
that the parent's conduct violated Section 161.001(b)(1)(D) or (E) | ||
or a substantially equivalent provision of another state's law; | ||
(6) the parent has been convicted for: | ||
(A) the murder of another child of the parent and | ||
the offense would have been an offense under 18 U.S.C. Section | ||
1111(a) if the offense had occurred in the special maritime or | ||
territorial jurisdiction of the United States; | ||
(B) the voluntary manslaughter of another child | ||
of the parent and the offense would have been an offense under 18 | ||
U.S.C. Section 1112(a) if the offense had occurred in the special | ||
maritime or territorial jurisdiction of the United States; | ||
(C) aiding or abetting, attempting, conspiring, | ||
or soliciting an offense under Paragraph (A) or (B); or | ||
(D) the felony assault of the child or another | ||
child of the parent that resulted in serious bodily injury to the | ||
child or another child of the parent; [ |
||
(7) the parent's parental rights with regard to | ||
another child of the parent [ |
||
involuntarily terminated; or | ||
(8) the parent is required under any state or federal | ||
law to register with a sex offender registry. | ||
SECTION 27. Section 263.301, Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
transferred to Subchapter A, Chapter 263, Family Code, redesignated | ||
as Section 263.0021, Family Code, and amended to read as follows: | ||
Sec. 263.0021 [ |
||
OF EVIDENCE. (a) Notice of a [ |
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chapter shall be given [ |
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|
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(b) The following persons are entitled to at least 10 days' | ||
notice of a [ |
||
entitled to present evidence and be heard at the hearing: | ||
(1) the department; | ||
(2) the foster parent, preadoptive parent, relative of | ||
the child providing care, or director or director's designee of the | ||
group home or general residential operation [ |
||
child is residing; | ||
(3) each parent of the child; | ||
(4) the managing conservator or guardian of the child; | ||
(5) an attorney ad litem appointed for the child under | ||
Chapter 107, if the appointment was not dismissed in the final | ||
order; | ||
(6) a guardian ad litem appointed for the child under | ||
Chapter 107, if the appointment was not dismissed in the final | ||
order; | ||
(7) a volunteer advocate appointed for the child under | ||
Chapter 107, if the appointment was not dismissed in the final | ||
order; | ||
(8) [ |
||
(A) the child is 10 years of age or older; or | ||
(B) the court determines it is appropriate for | ||
the child to receive notice; and | ||
(9) [ |
||
court to have an interest in the child's welfare. | ||
(c) Notice of a hearing under this chapter may be given: | ||
(1) as provided by Rule 21a, Texas Rules of Civil | ||
Procedure; | ||
(2) in a temporary order following a full adversary | ||
hearing; | ||
(3) in an order following a hearing under this | ||
chapter; | ||
(4) in open court; or | ||
(5) in any manner that would provide actual notice to a | ||
person entitled to notice. | ||
(d) The licensed administrator of the child-placing agency | ||
responsible for placing the child or the licensed administrator's | ||
designee is entitled to at least 10 days' notice of a permanency | ||
hearing after final order [ |
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SECTION 28. Section 263.004, Family Code, is amended to | ||
read as follows: | ||
Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION | ||
DECISION-MAKING. (a) Unless the rights and duties of the | ||
department under Section 153.371(10) to make decisions regarding | ||
the child's education have been limited by court order, the | ||
department shall file with the court [ |
||
name and contact information for each person who has been: | ||
(1) designated by the department to make educational | ||
decisions on behalf of the child; and | ||
(2) assigned to serve as the child's surrogate parent | ||
in accordance with 20 U.S.C. Section 1415(b) and Section | ||
29.001(10), Education Code, for purposes of decision-making | ||
regarding special education services, if applicable. | ||
(b) Not later than the fifth day after the date an adversary | ||
hearing under Section 262.201 or [ |
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the information [ |
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with the court and a copy shall be provided to[ |
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[ |
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[ |
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(c) If a person other than a person identified under [ |
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educational decisions or assigned to serve as a surrogate parent, | ||
the department shall include the updated information in a | ||
permanency progress report filed under Section 263.303 or 263.502 | ||
[ |
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provided to the school the child attends [ |
||
fifth day after the date of designation or assignment. | ||
SECTION 29. Sections 263.009(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) The department shall hold a permanency planning meeting | ||
for each child for whom the department is appointed temporary | ||
managing conservator in accordance with a schedule adopted by the | ||
executive commissioner of the Health and Human Services Commission | ||
by rule that is designed to allow the child to exit the managing | ||
conservatorship of the department safely and as soon as possible | ||
and be placed with an appropriate adult caregiver who will | ||
permanently assume legal responsibility for the child[ |
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[ |
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[ |
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(b) At each [ |
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[ |
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(1) identify any barriers to achieving a timely | ||
permanent placement for the child; [ |
||
(2) develop strategies and determine actions that will | ||
increase the probability of achieving a timely permanent placement | ||
for the child; and | ||
(3) use the family group decision-making model | ||
whenever possible. | ||
SECTION 30. Subchapter A, Chapter 263, Family Code, is | ||
amended by adding Sections 263.010 and 263.011 to read as follows: | ||
Sec. 263.010. TESTIMONY IN CERTAIN HEARINGS. Sections | ||
104.002, 104.003, 104.004, 104.005, and 104.006 do not apply to | ||
testimony given in a hearing conducted under this chapter if the | ||
testimony is not used as evidence. | ||
Sec. 263.011. CHILD'S RIGHT TO ATTEND AND PARTICIPATE IN | ||
HEARINGS. A child, regardless of age, must be allowed to attend or | ||
participate in a hearing conducted under this chapter in which the | ||
child is the subject of the hearing. | ||
SECTION 31. Section 263.101, Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Except as | ||
provided by Section 262.2015, not [ |
||
after the date the court renders a temporary order appointing the | ||
department as temporary managing conservator of a child under | ||
Chapter 262, the department shall file a service plan. | ||
SECTION 32. Section 263.102(a), Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
(a) The service plan must: | ||
(1) be specific; | ||
(2) be in writing in a language that the parents | ||
understand, or made otherwise available; | ||
(3) be prepared by the department in conference with | ||
the child's parents; | ||
(4) state appropriate deadlines; | ||
(5) specify the primary permanency goal and at least | ||
one alternative permanency goal [ |
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[ |
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[ |
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[ |
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(6) state steps that are necessary to: | ||
(A) return the child to the child's home if the | ||
placement is in foster care; | ||
(B) enable the child to remain in the child's | ||
home with the assistance of a service plan if the placement is in | ||
the home under the department's supervision; or | ||
(C) otherwise provide a permanent safe placement | ||
for the child; | ||
(7) state the actions and responsibilities that are | ||
necessary for the child's parents to take to achieve the plan goal | ||
during the period of the service plan and the assistance to be | ||
provided to the parents by the department or other agency toward | ||
meeting that goal; | ||
(8) state any specific skills or knowledge that the | ||
child's parents must acquire or learn, as well as any behavioral | ||
changes the parents must exhibit, to achieve the plan goal; | ||
(9) state the actions and responsibilities that are | ||
necessary for the child's parents to take to ensure that the child | ||
attends school and maintains or improves the child's academic | ||
compliance; | ||
(10) state the name of the person with the department | ||
whom the child's parents may contact for information relating to | ||
the child if other than the person preparing the plan; and | ||
(11) prescribe any other term or condition that the | ||
department determines to be necessary to the service plan's | ||
success. | ||
SECTION 33. Section 263.3025(a), Family Code, is amended to | ||
read as follows: | ||
(a) The department shall prepare a permanency plan for a | ||
child for whom the department has been appointed temporary managing | ||
conservator. The department shall give a copy of the plan to each | ||
person entitled to notice under Section 263.0021(b) [ |
||
not later than the 10th day before the date of the child's first | ||
permanency hearing. | ||
SECTION 34. Section 263.303, Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
Sec. 263.303. PERMANENCY PROGRESS REPORT BEFORE FINAL | ||
ORDER. (a) Not later than the 10th day before the date set for | ||
each permanency hearing before a final order is rendered [ |
||
|
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the court and provide to each party, the child's attorney ad litem, | ||
the child's guardian ad litem, and the child's volunteer advocate a | ||
permanency progress report unless the court orders a different | ||
period for providing the report. | ||
(b) The permanency progress report must contain: | ||
(1) information necessary for the court to conduct the | ||
permanency hearing and make its findings and determinations under | ||
Section 263.306 [ |
||
(2) information on significant events, as defined by | ||
Section 264.018; and | ||
(3) any additional information the department | ||
determines is appropriate or that is requested by the court and | ||
relevant to the court's findings and determinations under Section | ||
263.306 [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(c) A parent whose parental rights are the subject of a suit | ||
affecting the parent-child relationship, the attorney for that | ||
parent, or the child's attorney ad litem or guardian ad litem may | ||
file a response to the department's report filed under this section | ||
[ |
||
day before the date of the hearing. | ||
SECTION 35. The heading to Section 263.306, Family Code, is | ||
amended to read as follows: | ||
Sec. 263.306. PERMANENCY HEARINGS BEFORE FINAL ORDER[ |
||
|
||
SECTION 36. Section 263.306, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) At each permanency hearing before a final order is | ||
rendered, the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in: | ||
(A) locating and requesting service of citation | ||
on all persons entitled to service of citation under Section | ||
102.009; and | ||
(B) obtaining the assistance of a parent in | ||
providing information necessary to locate an absent parent, alleged | ||
father, or relative of the child; | ||
(3) review the extent of the parties' compliance with | ||
temporary orders and the service plan and the extent to which | ||
progress has been made toward alleviating or mitigating the causes | ||
necessitating the placement of the child in foster care; | ||
(4) review the permanency progress report to | ||
determine: | ||
(A) the safety and well-being of the child and | ||
whether the child's needs, including any medical or special needs, | ||
are being adequately addressed; | ||
(B) the continuing necessity and appropriateness | ||
of the placement of the child, including with respect to a child who | ||
has been placed outside of this state, whether the placement | ||
continues to be in the best interest of the child; | ||
(C) the appropriateness of the primary and | ||
alternative permanency goals for the child developed in accordance | ||
with department rule and whether the department has made reasonable | ||
efforts to finalize the permanency plan, including the concurrent | ||
permanency goals, in effect for the child; | ||
(D) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to express | ||
the child's opinion on any medical care provided; | ||
(E) for a child receiving psychotropic | ||
medication, whether the child: | ||
(i) has been provided appropriate | ||
nonpharmacological interventions, therapies, or strategies to meet | ||
the child's needs; or | ||
(ii) has been seen by the prescribing | ||
physician, physician assistant, or advanced practice nurse at least | ||
once every 90 days; | ||
(F) whether an education decision-maker for the | ||
child has been identified, the child's education needs and goals | ||
have been identified and addressed, and there have been major | ||
changes in the child's school performance or there have been | ||
serious disciplinary events; | ||
(G) for a child 14 years of age or older, whether | ||
services that are needed to assist the child in transitioning from | ||
substitute care to independent living are available in the child's | ||
community; and | ||
(H) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; and | ||
(ii) whether, as of the date of the hearing, | ||
another planned permanent living arrangement is the best permanency | ||
plan for the child and, if so, provide compelling reasons why it | ||
continues to not be in the best interest of the child to: | ||
(a) return home; | ||
(b) be placed for adoption; | ||
(c) be placed with a legal guardian; | ||
or | ||
(d) be placed with a fit and willing | ||
relative; | ||
(5) determine whether to return the child to the | ||
child's parents if the child's parents are willing and able to | ||
provide the child with a safe environment and the return of the | ||
child is in the child's best interest; | ||
(6) estimate a likely date by which the child may be | ||
returned to and safely maintained in the child's home, placed for | ||
adoption, or placed in permanent managing conservatorship; and | ||
(7) announce in open court the dismissal date and the | ||
date of any upcoming hearings. | ||
SECTION 37. The heading to Section 263.401, Family Code, is | ||
amended to read as follows: | ||
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; | ||
EXTENSION. | ||
SECTION 38. Section 263.401, Family Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Unless the court has commenced the trial on the merits | ||
or granted an extension under Subsection (b) or (b-1), on the first | ||
Monday after the first anniversary of the date the court rendered a | ||
temporary order appointing the department as temporary managing | ||
conservator, the court shall dismiss the suit affecting the | ||
parent-child relationship filed by the department that requests | ||
termination of the parent-child relationship or requests that the | ||
department be named conservator of the child. | ||
(b-1) If, after commencement of the initial trial on the | ||
merits within the time required by Subsection (a) or (b), the court | ||
grants a motion for a new trial or mistrial, or the case is remanded | ||
to the court by an appellate court following an appeal of the | ||
court's final order, the court shall retain the suit on the court's | ||
docket and render an order in which the court: | ||
(1) schedules a new date on which the suit will be | ||
dismissed if the new trial has not commenced, which must be a date | ||
not later than the 180th day after the date on which: | ||
(A) the motion for a new trial or mistrial is | ||
granted; or | ||
(B) the appellate court remanded the case; | ||
(2) makes further temporary orders for the safety and | ||
welfare of the child as necessary to avoid further delay in | ||
resolving the suit; and | ||
(3) sets the new trial on the merits for a date not | ||
later than the date specified under Subdivision (1). | ||
(c) If the court grants an extension under Subsection (b) or | ||
(b-1) but does not commence the trial on the merits before the | ||
dismissal [ |
||
court shall dismiss the suit. The court may not grant an | ||
additional extension that extends the suit beyond the required date | ||
for dismissal under Subsection (b) or (b-1), as applicable. | ||
SECTION 39. Section 263.404(b), Family Code, is amended to | ||
read as follows: | ||
(b) In determining whether the department should be | ||
appointed as managing conservator of the child without terminating | ||
the rights of a parent of the child, the court shall take the | ||
following factors into consideration: | ||
(1) that the child will reach 18 years of age in not | ||
less than three years; | ||
(2) that the child is 12 years of age or older and has | ||
expressed a strong desire against termination or has continuously | ||
expressed a strong desire against being adopted; and | ||
(3) [ |
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|
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[ |
||
SECTION 40. The heading to Subchapter F, Chapter 263, | ||
Family Code, is amended to read as follows: | ||
SUBCHAPTER F. PERMANENCY [ |
||
ORDER | ||
SECTION 41. The heading to Section 263.501, Family Code, is | ||
amended to read as follows: | ||
Sec. 263.501. PERMANENCY HEARING [ |
||
FINAL ORDER. | ||
SECTION 42. Sections 263.501(a), (b), (c), (f), and (g), | ||
Family Code, are amended to read as follows: | ||
(a) If the department has been named as a child's managing | ||
conservator in a final order that does not include termination of | ||
parental rights, the court shall conduct a permanency [ |
||
|
||
every six months until the department is no longer the child's | ||
managing conservator [ |
||
(b) If the department has been named as a child's managing | ||
conservator in a final order that terminates a parent's parental | ||
rights, the court shall conduct a permanency [ |
||
hearing not later than the 90th day after the date the court renders | ||
the final order. The court shall conduct additional permanency | ||
[ |
||
the department is no longer the child's managing conservator [ |
||
|
||
(c) Notice of each permanency [ |
||
shall be given as provided by Section 263.0021 [ |
||
|
||
hearing. | ||
(f) The child shall attend each permanency [ |
||
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(g) A court required to conduct permanency [ |
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|
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appointed permanent managing conservator may not dismiss a suit | ||
affecting the parent-child relationship filed by the department | ||
regarding the child while the child is committed to the Texas | ||
Juvenile Justice Department [ |
||
the supervision of the Texas Juvenile Justice Department [ |
||
|
||
conservatorship of the child is awarded to an individual other than | ||
the department. | ||
SECTION 43. The heading to Section 263.502, Family Code, is | ||
amended to read as follows: | ||
Sec. 263.502. PERMANENCY PROGRESS [ |
||
REPORT AFTER FINAL ORDER. | ||
SECTION 44. Section 263.502, Family Code, is amended by | ||
amending Subsection (a), as amended by S.B. 219, Acts of the 84th | ||
Legislature, Regular Session, 2015, and adding Subsections (a-1) | ||
and (a-2) to read as follows: | ||
(a) Not later than the 10th day before the date set for a | ||
permanency [ |
||
rendered, the department shall file a permanency progress | ||
[ |
||
person entitled to notice under Section 263.0021 [ |
||
(a-1) The permanency progress report must contain: | ||
(1) information necessary for the court to conduct the | ||
permanency hearing and make its findings and determinations under | ||
Section 263.5031; | ||
(2) information on significant events, as defined by | ||
Section 264.018; and | ||
(3) any additional information the department | ||
determines is appropriate or that is requested by the court and | ||
relevant to the court's findings and determinations under Section | ||
263.5031. | ||
(a-2) For good cause shown, the court may: | ||
(1) order a different deadline for filing the | ||
permanency progress report; or | ||
(2) waive the reporting requirement for a specific | ||
hearing. | ||
SECTION 45. Subchapter F, Chapter 263, Family Code, is | ||
amended by adding Section 263.5031 to read as follows: | ||
Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. | ||
At each permanency hearing after the court renders a final order, | ||
the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in notifying persons entitled to notice under Section | ||
263.0021; and | ||
(3) review the permanency progress report to | ||
determine: | ||
(A) the safety and well-being of the child and | ||
whether the child's needs, including any medical or special needs, | ||
are being adequately addressed; | ||
(B) the continuing necessity and appropriateness | ||
of the placement of the child, including with respect to a child who | ||
has been placed outside of this state, whether the placement | ||
continues to be in the best interest of the child; | ||
(C) if the child is placed in institutional care, | ||
whether efforts have been made to ensure that the child is placed in | ||
the least restrictive environment consistent with the child's best | ||
interest and special needs; | ||
(D) the appropriateness of the primary and | ||
alternative permanency goals for the child, whether the department | ||
has made reasonable efforts to finalize the permanency plan, | ||
including the concurrent permanency goals, in effect for the child, | ||
and whether: | ||
(i) the department has exercised due | ||
diligence in attempting to place the child for adoption if parental | ||
rights to the child have been terminated and the child is eligible | ||
for adoption; or | ||
(ii) another permanent placement, | ||
including appointing a relative as permanent managing conservator | ||
or returning the child to a parent, is appropriate for the child; | ||
(E) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; and | ||
(ii) whether, as of the date of the hearing, | ||
another planned permanent living arrangement is the best permanency | ||
plan for the child and, if so, provide compelling reasons why it | ||
continues to not be in the best interest of the child to: | ||
(a) return home; | ||
(b) be placed for adoption; | ||
(c) be placed with a legal guardian; | ||
or | ||
(d) be placed with a fit and willing | ||
relative; | ||
(F) if the child is 14 years of age or older, | ||
whether services that are needed to assist the child in | ||
transitioning from substitute care to independent living are | ||
available in the child's community; | ||
(G) whether the child is receiving appropriate | ||
medical care and has been provided the opportunity, in a | ||
developmentally appropriate manner, to express the child's opinion | ||
on any medical care provided; | ||
(H) for a child receiving psychotropic | ||
medication, whether the child: | ||
(i) has been provided appropriate | ||
nonpharmacological interventions, therapies, or strategies to meet | ||
the child's needs; or | ||
(ii) has been seen by the prescribing | ||
physician, physician assistant, or advanced practice nurse at least | ||
once every 90 days; | ||
(I) whether an education decision-maker for the | ||
child has been identified, the child's education needs and goals | ||
have been identified and addressed, and there are major changes in | ||
the child's school performance or there have been serious | ||
disciplinary events; | ||
(J) for a child for whom the department has been | ||
named managing conservator in a final order that does not include | ||
termination of parental rights, whether to order the department to | ||
provide services to a parent for not more than six months after the | ||
date of the permanency hearing if: | ||
(i) the child has not been placed with a | ||
relative or other individual, including a foster parent, who is | ||
seeking permanent managing conservatorship of the child; and | ||
(ii) the court determines that further | ||
efforts at reunification with a parent are: | ||
(a) in the best interest of the child; | ||
and | ||
(b) likely to result in the child's | ||
safe return to the child's parent; and | ||
(K) whether the department has identified a | ||
family or other caring adult who has made a permanent commitment to | ||
the child. | ||
SECTION 46. The heading to Section 264.002, Family Code, is | ||
amended to read as follows: | ||
Sec. 264.002. SPECIFIC APPROPRIATION REQUIRED [ |
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SECTION 47. Section 264.002(e), Family Code, is amended to | ||
read as follows: | ||
(e) The department may not spend state funds to accomplish | ||
the purposes of this subtitle [ |
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specifically appropriated for those purposes. | ||
SECTION 48. Subchapter A, Chapter 264, Family Code, is | ||
amended by adding Sections 264.017 and 264.018 to read as follows: | ||
Sec. 264.017. REQUIRED REPORTING. (a) The department | ||
shall prepare and disseminate a report of statistics by county | ||
relating to key performance measures and data elements for child | ||
protection. | ||
(b) The department shall provide the report required by | ||
Subsection (a) to the legislature and shall publish the report and | ||
make the report available electronically to the public not later | ||
than February 1 of each year. The report must include, with respect | ||
to the preceding year: | ||
(1) information on the number and disposition of | ||
reports of child abuse and neglect received by the department; | ||
(2) information on the number of clients for whom the | ||
department took protective action, including investigations, | ||
alternative responses, and court-ordered removals; | ||
(3) information on the number of clients for whom the | ||
department provided services in each program administered by the | ||
child protective services division, including investigations, | ||
alternative responses, family-based safety services, | ||
conservatorship, post-adoption services, and transitional living | ||
services; | ||
(4) the number of children in this state who died as a | ||
result of child abuse or neglect; | ||
(5) the number of children described by Subdivision | ||
(4) for whom the department was the children's managing conservator | ||
at the time of death; | ||
(6) information on the timeliness of the department's | ||
initial contact in an investigation or alternative response; | ||
(7) information on the response time by the department | ||
in commencing services to families and children for whom an | ||
allegation of child abuse or neglect has been made; | ||
(8) information regarding child protection staffing | ||
and caseloads by program area; | ||
(9) information on the permanency goals in place and | ||
achieved for children in the managing conservatorship of the | ||
department, including information on the timeliness of achieving | ||
the goals, the stability of the children's placement in foster | ||
care, and the proximity of placements to the children's home | ||
counties; and | ||
(10) the number of children who suffer from a severe | ||
emotional disturbance and for whom the department is appointed | ||
managing conservator, including statistics on appointments as | ||
joint managing conservator, due to an individual voluntarily | ||
relinquishing custody of a child solely to obtain mental health | ||
services for the child. | ||
(c) Not later than September 1 of each year, the department | ||
shall seek public input regarding the usefulness of, and any | ||
proposed modifications to, existing reporting requirements and | ||
proposed additional reporting requirements. The department shall | ||
evaluate the public input provided under this subsection and seek | ||
to facilitate reporting to the maximum extent feasible within | ||
existing resources and in a manner that is most likely to assist | ||
public understanding of department functions. | ||
(d) In addition to the information required under | ||
Subsections (a) and (b), the department shall annually publish | ||
information on the number of children who died during the preceding | ||
year whom the department determined had been abused or neglected | ||
but whose death was not the result of the abuse or neglect. The | ||
department may publish the information described by this subsection | ||
in the same report required by Subsection (a) or in another annual | ||
report published by the department. | ||
Sec. 264.018. REQUIRED NOTIFICATIONS. (a) In this | ||
section: | ||
(1) "Child-placing agency" has the meaning assigned by | ||
Section 42.002, Human Resources Code. | ||
(2) "Residential child-care facility" has the meaning | ||
assigned by Section 42.002, Human Resources Code. | ||
(3) "Psychotropic medication" has the meaning | ||
assigned by Section 266.001. | ||
(4) "Significant change in medical condition" means | ||
the occurrence of an injury or the onset of an illness that is | ||
life-threatening or may have serious long-term health | ||
consequences. The term includes the occurrence or onset of an | ||
injury or illness that requires hospitalization for surgery or | ||
another procedure that is not minor emergency care. | ||
(5) "Significant event" means: | ||
(A) a placement change, including failure by the | ||
department to locate an appropriate placement for at least one | ||
night; | ||
(B) a significant change in medical condition; | ||
(C) an initial prescription of a psychotropic | ||
medication or a change in dosage of a psychotropic medication; | ||
(D) a major change in school performance or a | ||
serious disciplinary event at school; or | ||
(E) any event determined to be significant under | ||
department rule. | ||
(b) The notification requirements of this section are in | ||
addition to other notice requirements provided by law, including | ||
Sections 263.0021, 264.107(g), and 264.123. | ||
(c) The department must provide notice under this section in | ||
a manner that would provide actual notice to a person entitled to | ||
the notice, including the use of electronic notice whenever | ||
possible. | ||
(d) Not later than 24 hours after an event described by this | ||
subsection, the department shall make a reasonable effort to notify | ||
a parent of a child in the managing conservatorship of the | ||
department of: | ||
(1) a significant change in medical condition of the | ||
child; | ||
(2) the enrollment or participation of the child in a | ||
drug research program under Section 266.0041; and | ||
(3) an initial prescription of a psychotropic | ||
medication. | ||
(e) Not later than 48 hours before the department changes | ||
the residential child-care facility of a child in the managing | ||
conservatorship of the department, the department shall provide | ||
notice of the change to: | ||
(1) the child's parent or the parent's attorney, if | ||
applicable; | ||
(2) an attorney ad litem appointed for the child under | ||
Chapter 107; | ||
(3) a guardian ad litem appointed for the child under | ||
Chapter 107; | ||
(4) a volunteer advocate appointed for the child under | ||
Chapter 107; and | ||
(5) the licensed administrator of the child-placing | ||
agency responsible for placing the child or the licensed | ||
administrator's designee. | ||
(f) As soon as possible but not later than the 10th day after | ||
the date the department becomes aware of a significant event | ||
affecting a child in the conservatorship of the department, the | ||
department shall provide notice of the significant event to: | ||
(1) the child's parent or the parent's attorney, if | ||
applicable; | ||
(2) an attorney ad litem appointed for the child under | ||
Chapter 107; | ||
(3) a guardian ad litem appointed for the child under | ||
Chapter 107; | ||
(4) a volunteer advocate appointed for the child under | ||
Chapter 107; | ||
(5) the licensed administrator of the child-placing | ||
agency responsible for placing the child or the licensed | ||
administrator's designee; | ||
(6) a foster parent, prospective adoptive parent, | ||
relative of the child providing care to the child, or director of | ||
the group home or general residential operation where the child is | ||
residing; and | ||
(7) any other person determined by a court to have an | ||
interest in the child's welfare. | ||
(g) For purposes of Subsection (f), if a hearing for the | ||
child is conducted during the 10-day notice period described by | ||
that subsection, the department shall provide notice of the | ||
significant event at the hearing. | ||
(h) The department is not required to provide notice under | ||
this section to a parent of a child in the managing conservatorship | ||
of the department if: | ||
(1) the department cannot locate the parent; | ||
(2) a court has restricted the parent's access to the | ||
information; | ||
(3) the child is in the permanent managing | ||
conservatorship of the department and the parent has not | ||
participated in the child's case for at least six months despite the | ||
department's efforts to involve the parent; | ||
(4) the parent's rights have been terminated; or | ||
(5) the department has documented in the child's case | ||
file that it is not in the best interest of the child to involve the | ||
parent in case planning. | ||
(i) The department is not required to provide notice of a | ||
significant event under this section to the child-placing agency | ||
responsible for the placement of a child in the managing | ||
conservatorship of the department, a foster parent, a prospective | ||
adoptive parent, a relative of the child providing care to the | ||
child, or the director of the group home or general residential | ||
operation where the child resides if that agency or individual is | ||
required under a contract or other agreement to provide notice of | ||
the significant event to the department. | ||
(j) A person entitled to notice from the department under | ||
this section shall provide the department with current contact | ||
information, including the person's e-mail address and the | ||
telephone number at which the person may most easily be reached. | ||
The person shall update the person's contact information as soon as | ||
possible after a change to the information. The department is not | ||
required to provide notice under this section to a person who fails | ||
to provide contact information to the department. The department | ||
may rely on the most recently provided contact information in | ||
providing notice under this section. | ||
(k) To facilitate timely notification under this section, a | ||
residential child-care facility contracting with the department | ||
for 24-hour care shall notify the department, in the time provided | ||
by the facility's contract, of a significant event for a child who | ||
is in the conservatorship of the department and residing in the | ||
facility. | ||
(l) The executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement this | ||
section using a negotiated rulemaking process under Chapter 2008, | ||
Government Code. | ||
SECTION 49. Section 264.101(a), Family Code, is amended to | ||
read as follows: | ||
(a) The department may pay the cost of foster care for a | ||
child only if: | ||
(1) the child [ |
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has been placed by the department in a foster home or other | ||
residential child-care facility [ |
||
Chapter 42, Human Resources Code, or in a comparable residential | ||
facility in another state; and [ |
||
(2) the department: | ||
(A) has initiated suit and been named conservator | ||
of the child; or | ||
(B) has the duty of care, control, and custody | ||
after taking possession of the child in an emergency without a prior | ||
court order as authorized by this subtitle [ |
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SECTION 50. Section 264.107, Family Code, is amended by | ||
amending Subsection (b), as amended by S.B. 219, Acts of the 84th | ||
Legislature, Regular Session, 2015, and adding Subsection (b-1) to | ||
read as follows: | ||
(b) The department shall use an [ |
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or assessment developed by the department in coordination with | ||
interested parties [ |
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|
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care. | ||
(b-1) Notwithstanding Subsection (b), the department shall | ||
use the standard application for the placement of children in | ||
contract residential care as adopted and maintained by the Health | ||
and Human Services Commission until the department develops an | ||
application or assessment under Subsection (b). Subject to the | ||
availability of funds, the department shall develop the application | ||
or assessment not later than December 1, 2016. This subsection | ||
expires September 1, 2017. | ||
SECTION 51. Section 264.1075(b), Family Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
(b) As soon as possible after a child begins receiving | ||
foster care under this subchapter, the department shall assess | ||
whether the child has a developmental or intellectual disability. | ||
[ |
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[ |
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[ |
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[ |
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SECTION 52. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.1085 to read as follows: | ||
Sec. 264.1085. FOSTER CARE PLACEMENT IN COMPLIANCE WITH | ||
FEDERAL LAW REQUIRED. The department or a licensed child-placing | ||
agency making a foster care placement shall comply with the | ||
Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). | ||
SECTION 53. The heading to Section 264.110, Family Code, is | ||
amended to read as follows: | ||
Sec. 264.110. PROSPECTIVE FOSTER OR ADOPTIVE PARENT | ||
STATEMENT [ |
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SECTION 54. Section 264.110(d), Family Code, is amended to | ||
read as follows: | ||
(d) Before a child may be placed with a foster or adoptive | ||
parent [ |
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adoptive parent [ |
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prospective foster or adoptive parent [ |
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immediate removal of the child by the department under | ||
circumstances determined by the department. | ||
SECTION 55. Section 264.121, Family Code, is amended by | ||
amending Subsection (e) and adding Subsection (e-2) to read as | ||
follows: | ||
(e) The department shall ensure that each youth acquires a | ||
copy and a certified copy of the youth's birth certificate, a social | ||
security card or replacement social security card, as appropriate, | ||
and a personal identification certificate under Chapter 521, | ||
Transportation Code, on or before the date on which the youth turns | ||
16 years of age. The department shall designate one or more | ||
employees in the Preparation for Adult Living Program as the | ||
contact person to assist a youth who has not been able to obtain the | ||
documents described by this subsection in a timely manner from the | ||
youth's primary caseworker. The department shall ensure that: | ||
(1) all youth who are age 16 or older are provided with | ||
the contact information for the designated employees; and | ||
(2) a youth who misplaces a document provided under | ||
this subsection receives assistance in obtaining a replacement | ||
document or information on how to obtain a duplicate copy, as | ||
appropriate. | ||
(e-2) When providing a youth with a document required by | ||
Subsection (e-1), the department shall provide the youth with a | ||
copy and a certified copy of the document or with the original | ||
document, as applicable. | ||
SECTION 56. Section 264.014, Family Code, is transferred to | ||
Section 264.121, Family Code, redesignated as Section | ||
264.121(e-1), Family Code, and amended to read as follows: | ||
(e-1) [ |
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care, the youth [ |
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disabilities of minority removed, the department shall provide to | ||
the youth [ |
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youth [ |
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information and documents unless the youth already has the | ||
information or document [ |
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(1) the youth's [ |
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(2) the youth's [ |
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(3) the information contained in the youth's [ |
||
health passport; | ||
(4) a personal identification certificate under | ||
Chapter 521, Transportation Code; | ||
(5) a social security card or a replacement social | ||
security card, if appropriate; and | ||
(6) proof of enrollment in Medicaid, if appropriate. | ||
SECTION 57. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.126 to read as follows: | ||
Sec. 264.126. REDESIGN IMPLEMENTATION PLAN. (a) The | ||
department shall develop and maintain a plan for implementing the | ||
foster care redesign required by Chapter 598 (S.B. 218), Acts of the | ||
82nd Legislature, Regular Session, 2011. The plan must: | ||
(1) describe the department's expectations, goals, and | ||
approach to implementing foster care redesign; | ||
(2) include a timeline for implementing the foster | ||
care redesign throughout this state, any limitations related to the | ||
implementation, and a progressive intervention plan and a | ||
contingency plan to provide continuity of foster care service | ||
delivery if a contract with a single source continuum contractor | ||
ends prematurely; | ||
(3) delineate and define the case management roles and | ||
responsibilities of the department and the department's | ||
contractors and the duties, employees, and related funding that | ||
will be transferred to the contractor by the department; | ||
(4) identify any training needs and include long-range | ||
and continuous plans for training and cross-training staff; | ||
(5) include a plan for evaluating the costs and tasks | ||
associated with each contract procurement, including the initial | ||
and ongoing contract costs for the department and contractor; | ||
(6) include the department's contract monitoring | ||
approach and a plan for evaluating the performance of each | ||
contractor and the foster care redesign system as a whole that | ||
includes an independent evaluation of processes and outcomes; and | ||
(7) include a report on transition issues resulting | ||
from implementation of the foster care redesign. | ||
(b) The department shall annually: | ||
(1) update the implementation plan developed under | ||
this section and post the updated plan on the department's Internet | ||
website; and | ||
(2) post on the department's Internet website the | ||
progress the department has made toward its goals for implementing | ||
the foster care redesign. | ||
SECTION 58. The heading to Section 264.207, Family Code, is | ||
amended to read as follows: | ||
Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION | ||
[ |
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SECTION 59. Section 264.207(a), Family Code, is amended to | ||
read as follows: | ||
(a) The department must complete [ |
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an applicant is approved for an adoption [ |
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[ |
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[ |
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SECTION 60. Section 264.302(e), Family Code, is amended to | ||
read as follows: | ||
(e) The department shall provide services for a child and | ||
the child's family if a contract to provide services under this | ||
section is available in the county and the child is referred to the | ||
department as an at-risk child by: | ||
(1) [ |
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[ |
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of a progressive sanctions program under Chapter 59; | ||
(2) [ |
||
Section 52.03; or | ||
(3) [ |
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45.057, Code of Criminal Procedure. | ||
SECTION 61. Chapter 265, Family Code, is amended by | ||
designating Sections 265.001 through 265.004 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES | ||
SECTION 62. Subchapter A, Chapter 265, Family Code, as | ||
added by this Act, is amended by adding Section 265.005 to read as | ||
follows: | ||
Sec. 265.005. STRATEGIC PLAN. (a) The department shall | ||
develop and implement a five-year strategic plan for prevention and | ||
early intervention services. Not later than September 1 of the last | ||
fiscal year in each five-year period, the department shall issue a | ||
new strategic plan for the next five fiscal years beginning with the | ||
following fiscal year. | ||
(b) A strategic plan required under this section must: | ||
(1) identify methods to leverage other sources of | ||
funding or provide support for existing community-based prevention | ||
efforts; | ||
(2) include a needs assessment that identifies | ||
programs to best target the needs of the highest risk populations | ||
and geographic areas; | ||
(3) identify the goals and priorities for the | ||
department's overall prevention efforts; | ||
(4) report the results of previous prevention efforts | ||
using available information in the plan; | ||
(5) identify additional methods of measuring program | ||
effectiveness and results or outcomes; | ||
(6) identify methods to collaborate with other state | ||
agencies on prevention efforts; and | ||
(7) identify specific strategies to implement the plan | ||
and to develop measures for reporting on the overall progress | ||
toward the plan's goals. | ||
(c) The department shall coordinate with interested parties | ||
and communities in developing the strategic plan under this | ||
section. | ||
(d) The department shall annually update the strategic plan | ||
developed under this section. | ||
(e) The department shall post the strategic plan developed | ||
under this section and any update to the plan on its Internet | ||
website. | ||
SECTION 63. Subchapter D, Chapter 40, Human Resources Code, | ||
as amended by S.B. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is transferred to Chapter 265, Family Code, | ||
redesignated as Subchapter B, Chapter 265, Family Code, and amended | ||
to read as follows: | ||
SUBCHAPTER B [ |
||
PROGRAMS | ||
Sec. 265.051 [ |
||
(1) "Children's trust fund" means a child abuse and | ||
neglect primary prevention program. | ||
(2) "Primary prevention" means services and | ||
activities available to the community at large or to families to | ||
prevent child abuse and neglect before it occurs. The term includes | ||
infant mortality prevention education programs. | ||
(3) "Operating fund" means the Department of Family | ||
and Protective Services child abuse and neglect prevention | ||
operating fund account. | ||
(4) "State agency" means a board, commission, | ||
department, office, or other state agency that: | ||
(A) is in the executive branch of the state | ||
government; | ||
(B) was created by the constitution or a statute | ||
of this state; and | ||
(C) has statewide jurisdiction. | ||
(5) "Trust fund" means the child abuse and neglect | ||
prevention trust fund account. | ||
Sec. 265.052 [ |
||
PREVENTION PROGRAMS. (a) The department shall operate the | ||
children's trust fund to: | ||
(1) set policy, offer resources for community primary | ||
prevention programs, and provide information and education on | ||
prevention of child abuse and neglect; | ||
(2) develop a state plan for expending funds for child | ||
abuse and neglect primary prevention programs that includes an | ||
annual schedule of transfers of trust fund money to the operating | ||
fund; | ||
(3) develop eligibility criteria for applicants | ||
requesting funding for child abuse and neglect primary prevention | ||
programs; and | ||
(4) establish funding priorities for child abuse and | ||
neglect primary prevention programs. | ||
(b) The children's trust fund shall accommodate the | ||
department's existing rules and policies in procuring, awarding, | ||
and monitoring contracts and grants. | ||
(c) The department may: | ||
(1) apply for and receive funds made available by the | ||
federal government or another public or private source for | ||
administering programs under this subchapter and for funding for | ||
child abuse and neglect primary prevention programs; and | ||
(2) solicit donations for child abuse and neglect | ||
primary prevention programs. | ||
Sec. 265.053 [ |
||
(a) Administrative costs under this subchapter during any fiscal | ||
year may not exceed an amount equal to 50 percent of the interest | ||
credited to the trust fund during the preceding fiscal year. | ||
(b) Funds expended under a special project grant from a | ||
governmental source or a nongovernmental source for public | ||
education or public awareness may not be counted as administrative | ||
costs for the purposes of this section. | ||
Sec. 265.054 [ |
||
TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention | ||
trust fund account is an account in the general revenue fund. Money | ||
in the trust fund is dedicated to child abuse and neglect primary | ||
prevention programs. | ||
(b) The department may transfer money contained in the trust | ||
fund to the operating fund at any time. However, during a fiscal | ||
year the department may not transfer more than the amount | ||
appropriated for the operating fund for that fiscal year. Money | ||
transferred to the operating fund that was originally deposited to | ||
the credit of the trust fund under Section 118.022, Local | ||
Government Code, may be used only for child abuse and neglect | ||
primary prevention programs. | ||
(c) Interest earned on the trust fund shall be credited to | ||
the trust fund. | ||
(d) The trust fund is exempt from the application of Section | ||
403.095, Government Code. | ||
(e) All marriage license fees and other fees collected for | ||
and deposited in the trust fund and interest earned on the trust | ||
fund balance shall be appropriated each biennium only to the | ||
operating fund for [ |
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prevention programs. | ||
Sec. 265.055 [ |
||
(a) The operating fund is an account in the general revenue fund. | ||
(b) Administrative and other costs allowed in Section | ||
265.053 [ |
||
department may transfer funds contained in the operating fund to | ||
the trust fund at any time. | ||
(c) The legislature may appropriate the money in the | ||
operating fund to carry out the provisions of this subchapter. | ||
(d) The operating fund is exempt from the application of | ||
Section 403.095, Government Code. | ||
Sec. 265.056 [ |
||
may solicit contributions from any appropriate source. | ||
(b) Any other contributions for child abuse and neglect | ||
primary prevention or other prevention and early intervention | ||
programs shall be deposited into a separate designated fund in the | ||
state treasury and shall be used for that designated purpose. | ||
(c) A person may contribute funds to either the trust fund, | ||
the operating fund, or a fund designated by the department for a | ||
specific child abuse and neglect primary prevention or other | ||
prevention or early intervention purpose. | ||
(d) If a person designates that a contribution is intended | ||
as a donation to a specific fund, the contribution shall be | ||
deposited in the designated fund. | ||
SECTION 64. Section 40.0561, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 265, Family Code, as | ||
transferred and redesignated from Subchapter D, Chapter 40, Human | ||
Resources Code, by this Act, and redesignated as Section 265.057, | ||
Family Code, to read as follows: | ||
Sec. 265.057 [ |
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GRANTS. (a) Subject to available funding, the department shall | ||
award community youth development grants to communities identified | ||
by incidence of crime. The department shall give priority in | ||
awarding grants under this section to areas of the state in which | ||
there is a high incidence of juvenile crime. | ||
(b) The purpose of a grant under this section is to assist a | ||
community in alleviating conditions in the family and community | ||
that lead to juvenile crime. | ||
SECTION 65. Section 266.004, Family Code, is amended by | ||
amending Subsections (e) and (f) and adding Subsection (k) to read | ||
as follows: | ||
(e) The department, a person authorized to consent to | ||
medical care under Subsection (b), the child's parent if the | ||
parent's rights have not been terminated, a guardian ad litem or | ||
attorney ad litem if one has been appointed, or the person providing | ||
foster care to the child may petition the court for any order | ||
related to medical care for a foster child that the department or | ||
other person believes is in the best interest of the child. Notice | ||
of the petition must be given to each person entitled to notice | ||
under Section 263.0021(b) [ |
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(f) If a physician who has examined or treated the foster | ||
child has concerns regarding the medical care provided to the | ||
foster child, the physician may file a letter with the court stating | ||
the reasons for the physician's concerns. The court shall provide a | ||
copy of the letter to each person entitled to notice under Section | ||
263.0021(b) [ |
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(k) The department may consent to health care services | ||
ordered or prescribed by a health care provider authorized to order | ||
or prescribe health care services regardless of whether the | ||
services are provided under the medical assistance program under | ||
Chapter 32, Human Resources Code, if the department otherwise has | ||
the authority under this section to consent to health care | ||
services. | ||
SECTION 66. Section 266.0041(d), Family Code, is amended to | ||
read as follows: | ||
(d) An independent medical advocate shall, within a | ||
reasonable time after the appointment, interview: | ||
(1) the foster child in a developmentally appropriate | ||
manner, if the child is four years of age or older; | ||
(2) the foster child's parent, if the parent is | ||
entitled to notification under Section 264.018 [ |
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(3) an advocate appointed by an institutional review | ||
board in accordance with the Code of Federal Regulations, 45 C.F.R. | ||
Section 46.409(b), if an advocate has been appointed; | ||
(4) the medical team treating the foster child as well | ||
as the medical team conducting the drug research program; and | ||
(5) each individual who has significant knowledge of | ||
the foster child's medical history and condition, including any | ||
foster parent of the child. | ||
SECTION 67. Section 266.010(b), Family Code, is amended to | ||
read as follows: | ||
(b) A court with continuing jurisdiction may make the | ||
determination regarding the foster child's capacity to consent to | ||
medical care during a hearing under Chapter 263 or may hold a | ||
hearing to make the determination on its own motion. The court may | ||
issue an order authorizing the child to consent to all or some of | ||
the medical care as defined by Section 266.001. In addition, a | ||
foster child who is at least 16 years of age, or the foster child's | ||
attorney ad litem, may file a petition with the court for a hearing. | ||
If the court determines that the foster child lacks the capacity to | ||
consent to medical care, the court may consider whether the foster | ||
child has acquired the capacity to consent to medical care at | ||
subsequent hearings under Section 263.5031 [ |
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SECTION 68. Subdivisions (3), as amended by S.B. 219, Acts | ||
of the 84th Legislature, Regular Session, 2015, and (7), Subsection | ||
(a), Section 411.114, Government Code, are amended to read as | ||
follows: | ||
(3) The Department of Family and Protective Services | ||
is entitled to obtain from the department criminal history record | ||
information maintained by the department that relates to a person | ||
with respect to whom the Department of Family and Protective | ||
Services determines obtaining a criminal history record is | ||
necessary to ensure the safety or welfare of a child, elderly | ||
person, or person with a disability [ |
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(7) The Department of Family and Protective Services | ||
is not prohibited from releasing criminal history record | ||
information obtained under this subsection to: | ||
(A) the person who is the subject of the criminal | ||
history record information; | ||
(B) a child-care facility, child-placing agency, | ||
or family home listed in Subdivision (2) that employs or is | ||
considering employing the person who is the subject of the criminal | ||
history record information; | ||
(C) a person or business entity described by | ||
Subdivision (2)(E) [ |
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of the volunteer or employs or is considering employing the person | ||
who is the subject of the criminal history record information; | ||
(D) a person or business entity who uses or | ||
intends to use the volunteer services of or who employs or is | ||
considering employing the person who is the subject of the criminal | ||
history record if the release of the record is related to the | ||
purpose for which the record was obtained under Subdivision (3); | ||
(E) an adult who resides with an alleged victim | ||
of abuse, neglect, or exploitation of a child, elderly person, or | ||
person with a disability and who also resides with the alleged | ||
perpetrator of that abuse, neglect, or exploitation if: | ||
(i) the alleged perpetrator is the subject | ||
of the criminal history record information; and | ||
(ii) the Department of Family and | ||
Protective Services determines that the release of information to | ||
the adult is necessary to ensure the safety or welfare of the | ||
alleged victim or the adult; or | ||
(F) [ |
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alleged victim of abuse, neglect, or exploitation and who resides | ||
with the alleged perpetrator of that abuse, neglect, or | ||
exploitation if: | ||
(i) the alleged perpetrator is the subject | ||
of the criminal history record information; and | ||
(ii) the Department of Family and | ||
Protective Services determines that the release of information to | ||
the elderly or disabled person or adult is necessary to ensure the | ||
safety or welfare of the elderly or disabled person. | ||
SECTION 69. (a) Section 40.003, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 40.003. SUNSET PROVISION. The Department of Family | ||
and Protective Services is subject to Chapter 325, Government Code | ||
(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the department is abolished and this chapter expires | ||
September 1, 2027 [ |
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(b) This section takes effect only if H.B. 2304, S.B. 200, | ||
or similar legislation of the 84th Legislature, Regular Session, | ||
2015, providing for the continuation of the Department of Family | ||
and Protective Services is not enacted or does not become law. If | ||
H.B. 2304, S.B. 200, or similar legislation of the 84th | ||
Legislature, Regular Session, 2015, is enacted, becomes law, and | ||
provides for the continuation of the department, this section has | ||
no effect. | ||
SECTION 70. Section 40.030, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 40.030. ADVISORY COMMITTEES. (a) The executive | ||
commissioner or the executive commissioner's designee may appoint | ||
advisory committees in accordance with Chapter 2110, Government | ||
Code. | ||
(b) The executive commissioner shall adopt rules, in | ||
compliance with Chapter 2110, Government Code, regarding the | ||
purpose, structure, and use of advisory committees by the | ||
department. The rules may include provisions governing: | ||
(1) an advisory committee's size and quorum | ||
requirements; | ||
(2) qualifications for membership of an advisory | ||
committee, including: | ||
(A) requirements relating to experience and | ||
geographic representation; and | ||
(B) requirements for the department to include as | ||
members of advisory committees youth who have aged out of foster | ||
care and parents who have successfully completed family service | ||
plans and whose children were returned to the parents, as | ||
applicable; | ||
(3) appointment procedures for an advisory committee; | ||
(4) terms for advisory committee members; and | ||
(5) compliance with Chapter 551, Government Code. | ||
SECTION 71. Section 40.037(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) The department shall develop and implement a training | ||
program that each employee who is newly hired or promoted to a | ||
management position in the child protective services division must | ||
complete as soon as is practicable, but not later than the 60th day | ||
after the date the employee is hired or promoted to [ |
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SECTION 72. Section 40.0524(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) In a jurisdiction for which a children's advocacy center | ||
has not been established under Section 264.402, Family Code, the | ||
department shall, to [ |
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relating to a report of child abuse or neglect. A multidisciplinary | ||
team shall include professionals in parent education and in each | ||
professional discipline necessary to provide comprehensive medical | ||
and psychological services to a child who is the subject of a report | ||
and to members of the child's household. | ||
SECTION 73. Subchapter C, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.05275 to read as follows: | ||
Sec. 40.05275. ANNUAL BUSINESS PLAN FOR CHILD PROTECTIVE | ||
SERVICES. (a) The department shall develop and implement an | ||
annual business plan for the child protective services program to | ||
prioritize the department's activities and resources to improve the | ||
program. | ||
(b) The department shall coordinate with the department's | ||
regional staff in developing the annual business plan under this | ||
section. | ||
(c) The annual business plan developed under this section | ||
must include: | ||
(1) long-term and short-term performance goals; | ||
(2) identification of priority projects and ongoing | ||
initiatives that are clearly linked to established goals; and | ||
(3) a statement of staff expectations that includes | ||
identification of: | ||
(A) the person or team responsible for each | ||
project; | ||
(B) the specific tasks and deliverables | ||
expected; | ||
(C) the resources needed to accomplish each | ||
project; | ||
(D) a time frame for the completion of each | ||
deliverable and project; and | ||
(E) the expected outcome for each project and the | ||
method and procedure for measuring the outcome to ensure effective | ||
evaluation for each project. | ||
(d) Not later than October 1 of each year, the department | ||
shall submit the annual business plan developed under this section | ||
to the governor, lieutenant governor, speaker of the house of | ||
representatives, and chairs of the standing committees of the | ||
senate and house of representatives having primary jurisdiction | ||
over child protection issues. | ||
SECTION 74. The heading to Section 40.0528, Human Resources | ||
Code, is amended to read as follows: | ||
Sec. 40.0528. GOALS FOR ANNUAL BUSINESS [ |
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SERVICES; REPORTING CASELOAD INFORMATION. | ||
SECTION 75. Section 40.0528(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) The department shall consider the following goals in | ||
developing the annual business plan required under Section 40.05275 | ||
[ |
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for the child protective services program [ |
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(1) reducing [ |
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(2) enhancing [ |
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(3) improving [ |
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investigations; | ||
(4) eliminating [ |
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(5) ensuring [ |
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use of child protective services staff and resources. | ||
SECTION 76. Chapter 54, Human Resources Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
transferred to Subchapter C, Chapter 40, Human Resources Code, | ||
redesignated as Section 40.075, Human Resources Code, and amended | ||
to read as follows: | ||
[ |
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Sec. 40.075 [ |
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executive commissioner shall adopt rules to provide procedures for | ||
the filing of protective orders by the Department of Family and | ||
Protective Services for the protection of a member of a family or | ||
household as provided by Title 4, Family Code. | ||
(b) [ |
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adult member of a household of the department's intent to file an | ||
application for a protective order for a child or older person and | ||
shall request the assistance of the person receiving the notice in | ||
developing a safety plan for household members and the child or | ||
older person for whom the order is sought. The department shall | ||
exercise reasonable safety precautions to protect a nonabusive | ||
parent or other member of a household while providing notice and | ||
requesting assistance under this section. | ||
SECTION 77. Section 42.048(f), Human Resources Code, is | ||
amended to read as follows: | ||
(f) A license must be issued if the department determines | ||
that a facility meets all requirements. The evaluation shall be | ||
based on one or more visits to the facility and a review of required | ||
forms and records. A license is valid until the license expires, is | ||
revoked, or is surrendered. | ||
SECTION 78. Section 42.050, Human Resources Code, as | ||
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
2015, is amended to read as follows: | ||
Sec. 42.050. LICENSE RENEWAL. (a) A license holder may | ||
apply for renewal of a [ |
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requirements of this chapter and department rules. | ||
(b) The application for renewal of a [ |
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completed and decided on by the department before the expiration of | ||
the license under which a facility is operating. | ||
(c) The department shall evaluate the application for | ||
renewal of a [ |
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requirements are met. The evaluation may include a specified | ||
number of visits to the facility and must include a review of all | ||
required forms and records. | ||
(d) The executive commissioner shall adopt rules governing | ||
the license renewal process for all licenses issued under this | ||
chapter. The rules must include: | ||
(1) renewal periods; | ||
(2) a process for staggered renewals; | ||
(3) a process for resolving a late application for | ||
renewal; | ||
(4) expiration dates; and | ||
(5) conditions for renewal. | ||
SECTION 79. Section 42.052, Human Resources Code, is | ||
amended by amending Subsections (a) and (e) and adding Subsections | ||
(e-1) and (f-1) to read as follows: | ||
(a) A state-operated child-care facility or child-placing | ||
agency must receive certification of approval from the department. | ||
The certification of approval remains valid until the certification | ||
expires, is revoked, or is surrendered. | ||
(e) A registration [ |
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registration expires, is revoked, or is surrendered. The operator | ||
of a registered home must display the registration in a prominent | ||
place at the home. | ||
(e-1) A listing remains valid until the listing is revoked | ||
or surrendered. | ||
(f-1) The executive commissioner shall adopt rules | ||
governing the certification and registration renewal process for | ||
all certifications and registrations issued under this chapter. | ||
The rules must include: | ||
(1) renewal periods; | ||
(2) a process for staggered renewals; | ||
(3) a process for resolving a late application for | ||
renewal; | ||
(4) expiration dates; and | ||
(5) conditions for renewal. | ||
SECTION 80. Section 42.054, Human Resources Code, is | ||
amended by amending Subsections (a), (b), (c), (d), and (e) and | ||
adding Subsection (h) to read as follows: | ||
(a) The department shall charge an applicant a | ||
nonrefundable application fee [ |
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operate a child-care facility or a child-placing agency. | ||
(b) The department shall charge each child-care facility a | ||
fee [ |
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each child-placing agency a fee [ |
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(c) The department shall charge each licensed child-care | ||
facility an annual license fee [ |
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is due on the date on which the department issues the child-care | ||
facility's initial license and on the anniversary of that date. | ||
(d) The department shall charge each licensed child-placing | ||
agency an annual license fee [ |
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on which the department issues the child-placing agency's initial | ||
license and on the anniversary of that date. | ||
(e) The department shall charge each family home that is | ||
listed or registered with the department an annual fee [ |
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lists or registers the home and on the anniversary of that date. | ||
(h) The executive commissioner by rule shall set fees under | ||
this section. | ||
SECTION 81. Subchapter D, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.0704 to read as follows: | ||
Sec. 42.0704. ENFORCEMENT POLICY. (a) The executive | ||
commissioner by rule shall adopt a general enforcement policy that | ||
describes the department's approach to enforcement of this chapter. | ||
(b) The enforcement policy must: | ||
(1) summarize the department's general expectations in | ||
enforcing this chapter; | ||
(2) include the methodology required by Subsection | ||
(c); and | ||
(3) describe the department's plan for strengthening | ||
its enforcement efforts and for making objective regulatory | ||
decisions. | ||
(c) As part of the enforcement policy, the department shall | ||
develop and implement a methodology for determining the appropriate | ||
disciplinary action to take against a person who violates this | ||
chapter or a department rule. The methodology must provide | ||
guidance on when to use each of the available tools of enforcement, | ||
including technical assistance, voluntary plans of action, | ||
evaluation, probation, suspension or revocation of a license or | ||
registration, denial of a license or registration, administrative | ||
penalties, and emergency suspension. The methodology must allow | ||
the department to consider the circumstances of a particular case, | ||
including the nature and seriousness of the violation, history of | ||
previous violations, and aggravating and mitigating factors, in | ||
determining the appropriate disciplinary action. | ||
(d) The department shall make the methodology described by | ||
Subsection (c) available to the public, including by posting the | ||
methodology on the department's Internet website. | ||
SECTION 82. Section 42.078(a-2), Human Resources Code, is | ||
amended to read as follows: | ||
(a-2) The department may impose an administrative penalty | ||
without first imposing a nonmonetary administrative sanction for | ||
violating a minimum standard applicable to a facility or family | ||
home under this chapter that is determined by the department to be a | ||
high-risk standard, including background check standards, safety | ||
hazard standards, and supervision standards [ |
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SECTION 83. Subchapter D, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.079 to read as follows: | ||
Sec. 42.079. CEASE AND DESIST ORDER. (a) If it appears to | ||
the department that a person who is not licensed, certified, | ||
registered, or listed under this chapter is operating a child-care | ||
facility or family home, the department, after notice and | ||
opportunity for a hearing, may issue a cease and desist order | ||
prohibiting the person from operating the facility or home. | ||
(b) A violation of an order under this section constitutes | ||
grounds for imposing an administrative penalty under Section | ||
42.078. | ||
SECTION 84. Section 244.0105(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) Not later than the 10th day before the date of a | ||
permanency hearing under Subchapter D, Chapter 263, Family Code, or | ||
[ |
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Family Code, regarding a child for whom the Department of Family and | ||
Protective Services has been appointed managing conservator, a | ||
department caseworker shall submit a written report regarding the | ||
child's commitment to the department to: | ||
(1) the court; | ||
(2) the Department of Family and Protective Services; | ||
(3) any attorney ad litem or guardian ad litem | ||
appointed for the child; and | ||
(4) any volunteer advocate appointed for the child. | ||
SECTION 85. Section 244.0106(c), Human Resources Code, is | ||
amended to read as follows: | ||
(c) The rules adopted under this section must require: | ||
(1) the Department of Family and Protective Services | ||
to: | ||
(A) provide the department with access to | ||
relevant health and education information regarding a child; and | ||
(B) require a child's caseworker to visit the | ||
child in person at least once each month while the child is | ||
committed to the department; | ||
(2) the department to: | ||
(A) provide the Department of Family and | ||
Protective Services with relevant health and education information | ||
regarding a child; | ||
(B) permit communication, including in person, | ||
by telephone, and by mail, between a child committed to the | ||
department and: | ||
(i) the Department of Family and Protective | ||
Services; and | ||
(ii) the attorney ad litem, the guardian ad | ||
litem, and the volunteer advocate for the child; and | ||
(C) provide the Department of Family and | ||
Protective Services and any attorney ad litem or guardian ad litem | ||
for the child with timely notice of the following events relating to | ||
the child: | ||
(i) a meeting designed to develop or revise | ||
the individual case plan for the child; | ||
(ii) in accordance with any participation | ||
protocols to which the Department of Family and Protective Services | ||
and the department agree, a medical appointment at which a person | ||
authorized to consent to medical care must participate as required | ||
by Section 266.004(i), Family Code; | ||
(iii) an education meeting, including | ||
admission, review, or dismissal meetings for a child receiving | ||
special education; | ||
(iv) a grievance or disciplinary hearing | ||
for the child; | ||
(v) a report of abuse or neglect of the | ||
child; and | ||
(vi) a significant change in medical | ||
condition of the child, as defined by Section 264.018 [ |
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Family Code; and | ||
(3) the Department of Family and Protective Services | ||
and the department to participate in transition planning for the | ||
child through release from detention, release under supervision, | ||
and discharge. | ||
SECTION 86. The following provisions, including provisions | ||
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
2015, are repealed: | ||
(1) Section 162.302, Family Code; | ||
(2) Section 162.303, Family Code; | ||
(3) Sections 162.304(c), (d), and (e), Family Code; | ||
(4) Section 162.308, Family Code; | ||
(5) Section 162.309, Family Code; | ||
(6) Section 261.004, Family Code; | ||
(7) Section 261.203(d), Family Code; | ||
(8) Section 261.3012, Family Code; | ||
(9) Sections 261.308(b) and (c), Family Code; | ||
(10) Section 261.310(c), Family Code; | ||
(11) Section 261.3101, Family Code; | ||
(12) Section 262.1041, Family Code; | ||
(13) Section 262.105(b), Family Code; | ||
(14) Section 263.008(a)(2), Family Code; | ||
(15) Sections 263.009(c), (d), (e), and (f), Family | ||
Code; | ||
(16) Sections 263.102(c) and (g), Family Code; | ||
(17) Section 263.306(a), Family Code, as amended by | ||
Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619), Acts | ||
of the 83rd Legislature, Regular Session, 2013; | ||
(18) Section 263.306(b), Family Code; | ||
(19) Sections 263.501(d) and (e), Family Code; | ||
(20) Sections 263.502(b), (c), and (d), Family Code; | ||
(21) Section 263.503, Family Code; | ||
(22) Sections 264.002(a), (b), (c), and (d), Family | ||
Code; | ||
(23) Section 264.012, Family Code; | ||
(24) Section 264.016, Family Code; | ||
(25) Sections 264.107(a), (c), and (d), Family Code; | ||
(26) Section 264.1071, Family Code; | ||
(27) Section 264.108, Family Code; | ||
(28) Sections 264.110(a), (b), (c), (e), (f), (g), and | ||
(h), Family Code; | ||
(29) Section 264.111, Family Code; | ||
(30) Section 264.117, Family Code; | ||
(31) Section 264.119, Family Code; | ||
(32) Section 264.207(b), Family Code; | ||
(33) Section 264.208, Family Code; | ||
(34) Section 264.303, Family Code; | ||
(35) Section 264.304, Family Code; | ||
(36) Section 264.305, Family Code; | ||
(37) Section 264.306, Family Code; | ||
(38) Section 264.752(b), Family Code; | ||
(39) Section 264.851(1), Family Code; | ||
(40) Section 266.001(4), Family Code; | ||
(41) Section 266.005, Family Code; | ||
(42) Section 40.001(5), Human Resources Code; | ||
(43) Section 40.0305, Human Resources Code; | ||
(44) Section 40.031, Human Resources Code; | ||
(45) Section 40.0324, Human Resources Code; | ||
(46) Section 40.0327, Human Resources Code; | ||
(47) Section 40.036, Human Resources Code; | ||
(48) Sections 40.037(b) and (c), Human Resources Code; | ||
(49) Section 40.052, Human Resources Code; | ||
(50) Section 40.0523, Human Resources Code; | ||
(51) Section 40.0524(d), Human Resources Code; | ||
(52) Section 40.0525, Human Resources Code; | ||
(53) Sections 40.0528(b) and (c), Human Resources | ||
Code; | ||
(54) Section 40.0566, Human Resources Code; | ||
(55) Section 40.069, Human Resources Code; and | ||
(56) Section 40.073, Human Resources Code. | ||
SECTION 87. Not later than January 1, 2016, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules necessary to implement the changes in law made by this | ||
Act. | ||
SECTION 88. Not later than January 1, 2016, the Department | ||
of Family and Protective Services shall seek public input for the | ||
initial report required under Section 264.017, Family Code, as | ||
added by this Act. | ||
SECTION 89. Not later than September 1, 2016, the | ||
Department of Family and Protective Services shall adopt the | ||
initial strategic plan required by Section 265.005, Family Code, as | ||
added by this Act. | ||
SECTION 90. Section 42.078, Human Resources Code, as | ||
amended by this Act, applies only to a violation that occurs on or | ||
after the effective date of this Act. A violation that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect at the time the violation occurred, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 91. (a) Except as otherwise provided by this | ||
section, this Act takes effect September 1, 2015. | ||
(b) Sections 42.050(d) and 42.052(f-1), Human Resources | ||
Code, as added by this Act, take effect September 1, 2016. |