Bill Text: TX SB886 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to extended foster care for certain young adults and the extended jurisdiction of a court in a suit affecting the parent-child relationship involving those young adults.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB886 Detail]
Download: Texas-2013-SB886-Enrolled.html
S.B. No. 886 |
|
||
relating to extended foster care for certain young adults and the | ||
extended jurisdiction of a court in a suit affecting the | ||
parent-child relationship involving those young adults. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivisions (1), (3-a), and (4), Section | ||
263.601, Family Code, are amended to read as follows: | ||
(1) "Extended foster [ |
||
[ |
||
voluntarily delegates to the department responsibility for the | ||
young adult's placement and care and in which the young adult | ||
resides with a foster parent or other residential services | ||
[ |
||
(A) licensed or approved by the department or | ||
verified by a licensed or certified child-placing agency; and | ||
(B) paid under a contract with the department. | ||
(3-a) "Trial independence [ |
||
assigned to a young adult under Section 263.6015 [ |
||
|
||
|
||
|
||
|
||
(4) "Young adult" means a person [ |
||
|
||
[ |
||
department on the day before the person's 18th birthday[ |
||
[ |
||
|
||
|
||
SECTION 2. Subchapter G, Chapter 263, Family Code, is | ||
amended by adding Section 263.6015 to read as follows: | ||
Sec. 263.6015. TRIAL INDEPENDENCE. (a) A young adult is | ||
assigned trial independence status when the young adult: | ||
(1) does not enter extended foster care at the time of | ||
the young adult's 18th birthday; or | ||
(2) exits extended foster care before the young | ||
adult's 21st birthday. | ||
(b) Except as provided by Subsection (c), a court order is | ||
not required for a young adult to be assigned trial independence | ||
status. Trial independence is mandatory for a period of at least | ||
six months beginning on: | ||
(1) the date of the young adult's 18th birthday for a | ||
young adult described by Subsection (a)(1); or | ||
(2) the date the young adult exits extended foster | ||
care. | ||
(c) A court may order trial independence status extended for | ||
a period that exceeds the mandatory period under Subsection (b) but | ||
does not exceed one year from the date the period under Subsection | ||
(b) commences. | ||
(d) Except as provided by Subsection (e), a young adult who | ||
enters or reenters extended foster care after a period of trial | ||
independence must complete a new period of trial independence as | ||
provided by Subsection (b)(2). | ||
(e) The trial independence status of a young adult ends on | ||
the young adult's 21st birthday. | ||
SECTION 3. Subsections (a), (b), (f), and (g), Section | ||
263.602, Family Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (f), a [ |
||
had [ |
||
day before the young adult's 18th birthday continues to have | ||
extended jurisdiction over the young adult and shall retain the | ||
case on the court's docket while the young adult is [ |
||
extended foster care and during [ |
||
described by Section 263.6015 [ |
||
(b) A court with extended jurisdiction over a young adult | ||
[ |
||
care review hearings every six months for the purpose of reviewing | ||
and making findings regarding: | ||
(1) whether the young adult's living arrangement is | ||
safe and appropriate and whether the department has made reasonable | ||
efforts to place the young adult in the least restrictive | ||
environment necessary to meet the young adult's needs; | ||
(2) whether the department is making reasonable | ||
efforts to finalize the permanency plan that is in effect for the | ||
young adult, including a permanency plan for independent living; | ||
(3) whether, for a young adult whose permanency plan | ||
is independent living: | ||
(A) the young adult participated in the | ||
development of the plan of service; | ||
(B) the young adult's plan of service reflects | ||
the independent living skills and appropriate services needed to | ||
achieve independence by the projected date; and | ||
(C) the young adult continues to make reasonable | ||
progress in developing the skills needed to achieve independence by | ||
the projected date; and | ||
(4) whether additional services that the department is | ||
authorized to provide are needed to meet the needs of the young | ||
adult. | ||
(f) Unless the court extends its jurisdiction over a young | ||
adult beyond the end of trial independence as provided by Section | ||
263.6021(a) or 263.603(a), the court's [ |
||
jurisdiction over a young adult as described in Subsection (a) | ||
terminates on [ |
||
|
||
earlier of: | ||
(1) the last day of the month in which trial | ||
independence ends[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
(2) the young adult's 21st birthday. | ||
(g) A court with extended jurisdiction described by this | ||
section is not required to conduct periodic hearings described in | ||
this section for a young adult during [ |
||
[ |
||
enter or has exited extended foster care to attend a court hearing. | ||
A court with extended jurisdiction during trial independence may, | ||
at the request of a young adult, conduct a hearing described by | ||
Subsection (b) or by Section 263.6021 to review any transitional | ||
living services the young adult is receiving during trial | ||
independence. | ||
SECTION 4. Subsections (a) and (b), Section 263.6021, | ||
Family Code, are amended to read as follows: | ||
(a) Notwithstanding Section 263.602, a court that had | ||
[ |
||
before the young adult's 18th birthday may, at the young adult's | ||
request, render an order that extends the court's jurisdiction | ||
beyond the end of [ |
||
receives transitional living services from the department. | ||
(b) Unless the young adult reenters extended foster care | ||
before the end of the court's extended jurisdiction described by | ||
Subsection (a), the [ |
||
this section terminates on the earlier of: | ||
(1) the young adult's 21st birthday; or | ||
(2) the date the young adult withdraws consent to the | ||
extension of the court's jurisdiction in writing or in court. | ||
SECTION 5. Section 263.603, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Notwithstanding any other provision of this subchapter, | ||
a young adult for whom a guardian is appointed and qualifies is not | ||
considered to be in extended foster care or trial independence and | ||
the court's jurisdiction ends on the date the guardian for the young | ||
adult is appointed and qualifies unless the guardian requests the | ||
extended jurisdiction of the court under Section 263.604. | ||
SECTION 6. The changes in law made by this Act to Subchapter | ||
G, Chapter 263, Family Code, apply to a suit affecting the | ||
parent-child relationship that is: | ||
(1) filed on or after the effective date of this Act; | ||
and | ||
(2) pending in a trial court on the effective date of | ||
this Act, regardless of the date on which the suit was filed. | ||
SECTION 7. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 886 passed the Senate on | ||
April 4, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 886 passed the House on | ||
May 17, 2013, by the following vote: Yeas 131, Nays 3, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |