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
 
 
 
 
AN ACT
  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 [Foster] care" means a
  [voluntary] residential living arrangement in which a young adult
  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
  [child-care] provider that is:
                     (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 [period]" means the status
  assigned to a young adult under Section 263.6015 [a period of not
  less than six months, or a longer period as a court may order not to
  exceed 12 months, during which a young adult exits foster care with
  the option to return to foster care under the continuing extended
  jurisdiction of the court].
               (4)  "Young adult" means a person [between 18 and 21
  years of age] who[:
                     [(A)]  was in the conservatorship of the
  department on the day before the person's 18th birthday[; and
                     [(B)     after the person's 18th birthday, resides in
  foster care or receives transitional living services from the
  department].
         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 [A] court that
  had [continuing, exclusive] jurisdiction over a young adult on the
  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 [remains] in
  extended foster care and during [a] trial independence as [period]
  described by Section 263.6015 [this section].
         (b)  A court with extended jurisdiction over a young adult
  [who remains] in extended foster care shall conduct extended foster
  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 [A court with] extended
  jurisdiction over a young adult as described in Subsection (a)
  terminates on [shall continue to have jurisdiction over the young
  adult and shall retain the case on the court's docket until] the
  earlier of:
               (1)  the last day of the month in which trial
  independence ends[:
                     [(A)     sixth month after the date the young adult
  leaves foster care; or
                     [(B)     12th month after the date the young adult
  leaves foster care if specified in a court order, for the purpose of
  allowing the young adult to pursue a trial independence period]; or
               (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 [a] trial independence
  [period] and may not compel a young adult who has elected to not
  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
  [continuing, exclusive] jurisdiction over a young adult on the day
  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 [a] trial independence [period] if the young adult
  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 [The] extended jurisdiction of the court under
  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
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