By: Naishtat, Madden (Senate Sponsor - Uresti) H.B. No. 1629
(In the Senate - Received from the House April 29, 2009;
May 1, 2009, read first time and referred to Committee on Criminal
Justice; May 6, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 6, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the care and protection of foster children committed to
or released under supervision by the Texas Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.001(b), Family Code, is amended to
read as follows:
(b) Except as otherwise provided by this subsection, the
[The] Texas Youth Commission may consent to the medical, dental,
psychological, and surgical treatment of a child committed to the
Texas Youth Commission [it] under Title 3 when the person having the
right to consent has been contacted and that person has not given
actual notice to the contrary. Consent for medical, dental,
psychological, and surgical treatment of a child for whom the
Department of Family and Protective Services has been appointed
managing conservator and who is committed to the Texas Youth
Commission is governed by Sections 266.004, 266.009, and 266.010.
SECTION 2. Section 54.04, Family Code, is amended by adding
Subsection (y) to read as follows:
(y) A juvenile court conducting a hearing under this section
involving a child for whom the Department of Family and Protective
Services has been appointed managing conservator may communicate
with the court having continuing jurisdiction over the child before
the disposition hearing. The juvenile court may allow the parties
to the suit affecting the parent-child relationship in which the
Department of Family and Protective Services is a party to
participate in the communication under this subsection.
SECTION 3. Part 1, Subchapter B, Chapter 107, Family Code,
is amended by adding Section 107.0161 to read as follows:
Sec. 107.0161. AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO
TEXAS YOUTH COMMISSION. If an order appointing the Department of
Family and Protective Services as managing conservator of a child
does not continue the appointment of the child's guardian ad litem
or attorney ad litem and the child is committed to the Texas Youth
Commission or released under supervision by the Texas Youth
Commission, the court may appoint a guardian ad litem or attorney ad
litem for the child.
SECTION 4. Section 263.001(a)(4), Family Code, is amended
to read as follows:
(4) "Substitute care" means the placement of a child
who is in the conservatorship of the department or an authorized
agency in care outside the child's home. The term includes foster
care, institutional care, adoption, [or] placement with a relative
of the child, or commitment to the Texas Youth Commission.
SECTION 5. Section 263.002, Family Code, is amended to read
as follows:
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit
affecting the parent-child relationship in which the department or
an authorized agency has been appointed by the court or designated
in an affidavit of relinquishment of parental rights as the
temporary or permanent managing conservator of a child, the court
shall hold a hearing to review:
(1) the conservatorship appointment and substitute
care; and
(2) for a child committed to the Texas Youth
Commission, the child's commitment in the Texas Youth Commission or
release under supervision by the Texas Youth Commission.
SECTION 6. Section 263.302, Family Code, is amended to read
as follows:
Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child
shall attend each permanency hearing unless the court specifically
excuses the child's attendance. A child committed to the Texas
Youth Commission may attend a permanency hearing in person, by
telephone, or by videoconference. The court shall consult with
the child in a developmentally appropriate manner regarding the
child's permanency plan, if the child is four years of age or older
and if the court determines it is in the best interest of the child.
Failure by the child to attend a hearing does not affect the
validity of an order rendered at the hearing.
SECTION 7. Section 263.303(b), Family Code, is amended to
read as follows:
(b) The permanency progress report must:
(1) recommend that the suit be dismissed; or
(2) recommend that the suit continue, and:
(A) identify the date for dismissal of the suit
under this chapter;
(B) provide:
(i) the name of any person entitled to
notice under Chapter 102 who has not been served;
(ii) a description of the efforts by the
department or another agency to locate and request service of
citation; and
(iii) a description of each parent's
assistance in providing information necessary to locate an unserved
party;
(C) evaluate the parties' compliance with
temporary orders and with the service plan;
(D) evaluate whether the child's placement in
substitute care meets the child's needs and recommend other plans
or services to meet the child's special needs or circumstances;
(E) describe the permanency plan for the child
and recommend actions necessary to ensure that a final order
consistent with that permanency plan is rendered before the date
for dismissal of the suit under this chapter; [and]
(F) with respect to a child 16 years of age or
older, identify the services needed to assist the child in the
transition to adult life; and
(G) with respect to a child committed to the
Texas Youth Commission or released under supervision by the Texas
Youth Commission:
(i) evaluate whether the child's needs for
treatment and education are being met;
(ii) describe, using information provided
by the Texas Youth Commission, the child's progress in any
rehabilitation program administered by the Texas Youth Commission;
and
(iii) recommend other plans or services to
meet the child's needs.
SECTION 8. Section 263.306(a), Family Code, is amended to
read as follows:
(a) At each permanency hearing the court shall:
(1) identify all persons or parties present at the
hearing or those given notice but failing to appear;
(2) review the efforts of the department or another
agency in:
(A) attempting to locate all necessary persons;
(B) requesting service of citation; and
(C) 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 efforts of each custodial parent,
alleged father, or relative of the child before the court in
providing information necessary to locate another absent parent,
alleged father, or relative of the child;
(4) return the child to the parent or parents if the
child's parent or 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;
(5) place the child with a person or entity, other than
a parent, entitled to service under Chapter 102 if the person or
entity is willing and able to provide the child with a safe
environment and the placement of the child is in the child's best
interest;
(6) evaluate the department's efforts to identify
relatives who could provide the child with a safe environment, if
the child is not returned to a parent or another person or entity
entitled to service under Chapter 102;
(7) evaluate the parties' compliance with temporary
orders and the service plan;
(8) determine whether:
(A) the child continues to need substitute care;
(B) the child's current placement is appropriate
for meeting the child's needs, including with respect to a child who
has been placed outside of the state, whether that placement
continues to be in the best interest of the child; and
(C) other plans or services are needed to meet
the child's special needs or circumstances;
(9) if the child is placed in institutional care,
determine whether efforts have been made to ensure placement of the
child in the least restrictive environment consistent with the best
interest and special needs of the child;
(10) if the child is 16 years of age or older, order
services that are needed to assist the child in making the
transition from substitute care to independent living if the
services are available in the community;
(11) determine plans, services, and further temporary
orders necessary to ensure that a final order is rendered before the
date for dismissal of the suit under this chapter; [and]
(12) if the child is committed to the Texas Youth
Commission or released under supervision by the Texas Youth
Commission, determine whether the child's needs for treatment,
rehabilitation, and education are being met; and
(13) determine the date for dismissal of the suit
under this chapter and give notice in open court to all parties of:
(A) the dismissal date;
(B) the date of the next permanency hearing; and
(C) the date the suit is set for trial.
SECTION 9. Section 263.501, Family Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) The child shall attend each placement review hearing
unless the court specifically excuses the child's attendance. A
child committed to the Texas Youth Commission may attend a
placement review hearing in person, by telephone, or by
videoconference. The court shall consult with the child in a
developmentally appropriate manner regarding the child's
permanency or transition plan, if the child is four years of age or
older. Failure by the child to attend a hearing does not affect the
validity of an order rendered at the hearing.
(g) A court required to conduct placement review hearings
for a child for whom the department has been 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 Youth Commission or
released under the supervision of the Texas Youth Commission,
unless the child is adopted or permanent managing conservatorship
of the child is awarded to an individual other than the department.
SECTION 10. Section 263.502(c), Family Code, is amended to
read as follows:
(c) The placement review report must:
(1) evaluate whether the child's current placement is
appropriate for meeting the child's needs;
(2) evaluate whether efforts have been made to ensure
placement of the child in the least restrictive environment
consistent with the best interest and special needs of the child if
the child is placed in institutional care;
(3) contain a discharge plan for a child who is at
least 16 years of age that identifies the services and specific
tasks that are needed to assist the child in making the transition
from substitute care to adult living and describes the services
that are available through the Preparation for Adult Living Program
operated by the department;
(4) evaluate whether the child's current educational
placement is appropriate for meeting the child's academic needs;
(5) identify other plans or services that are needed
to meet the child's special needs or circumstances; [and]
(6) describe the efforts of the department or
authorized agency to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption, including efforts to provide adoption promotion and
support services as defined by 42 U.S.C. Section 629a and other
efforts consistent with the federal Adoption and Safe Families Act
of 1997 (Pub. L. No. 105-89); and
(7) with respect to a child committed to the Texas
Youth Commission or released under supervision by the Texas Youth
Commission:
(A) evaluate whether the child's needs for
treatment and education are being met;
(B) describe, using information provided by the
Texas Youth Commission, the child's progress in any rehabilitation
program administered by the Texas Youth Commission; and
(C) recommend other plans or services to meet the
child's needs.
SECTION 11. Section 263.503, Family Code, is amended to
read as follows:
Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At
each placement review hearing, the court shall determine whether:
(1) the child's current placement is necessary, safe,
and appropriate for meeting the child's needs, including with
respect to a child placed outside of the state, whether the
placement continues to be appropriate and in the best interest of
the child;
(2) efforts have been made to ensure placement of the
child in the least restrictive environment consistent with the best
interest and special needs of the child if the child is placed in
institutional care;
(3) the services that are needed to assist a child who
is at least 16 years of age in making the transition from substitute
care to independent living are available in the community;
(4) other plans or services are needed to meet the
child's special needs or circumstances;
(5) the department or authorized agency 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; [and]
(6) the department or authorized agency has made
reasonable efforts to finalize the permanency plan that is in
effect for the child; and
(7) if the child is committed to the Texas Youth
Commission or released under supervision by the Texas Youth
Commission, the child's needs for treatment, rehabilitation, and
education are being met.
SECTION 12. Section 264.0091, Family Code, is amended to
read as follows:
Sec. 264.0091. USE OF TELECONFERENCING AND
VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of
funds, the department, in cooperation with district and county
courts, shall expand the use of teleconferencing and
videoconferencing to facilitate participation by medical experts,
children, and other individuals in court proceedings, including
children for whom the department, an authorized agency, or a
licensed child-placing agency has been appointed managing
conservator and who are committed to the Texas Youth Commission.
SECTION 13. Section 61.0731, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (a), if the Department of
Family and Protective Services has been appointed managing
conservator for a child, the commission shall disclose records and
other information concerning the child to the department as
provided by department rules.
SECTION 14. Section 61.0763, Human Resources Code, as added
by Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular
Session, 2007, is amended by adding Subsection (e) to read as
follows:
(e) The commission shall ensure that if the Department of
Family and Protective Services has been appointed managing
conservator of a child, the department is given the same rights as
the child's parent under the parent's bill of rights developed under
this section.
SECTION 15. Subchapter E, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0766 and 61.0767 to read as
follows:
Sec. 61.0766. REPORT CONCERNING FOSTER CHILDREN COMMITTED
TO COMMISSION. (a) Not later than the 10th day before the date of a
permanency hearing under Subchapter D, Chapter 263, Family Code, or
a placement review hearing under Subchapter F, Chapter 263, Family
Code, regarding a child for whom the Department of Family and
Protective Services has been appointed managing conservator, a
commission caseworker shall submit a written report regarding the
child's commitment to the commission 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.
(b) The report required by Subsection (a) must include:
(1) the results of any assessments of the child during
the child's commitment to the commission, including assessments of
the child's emotional, mental, educational, psychological,
psychiatric, medical, or physical needs;
(2) information regarding the child's placement in
particular programs administered by the commission; and
(3) a description of the child's progress in programs
administered by the commission.
Sec. 61.0767. RULES REGARDING SERVICES FOR FOSTER CHILDREN.
(a) The commission and the executive commissioner of the Health and
Human Services Commission shall jointly adopt rules to ensure that
a child for whom the Department of Family and Protective Services
has been appointed managing conservator receives appropriate
services while the child is committed to the commission or released
under supervision by the commission.
(b) The rules adopted under this section must require the
commission and the Department of Family and Protective Services to
cooperate in providing appropriate services to a child for whom the
Department of Family and Protective Services has been appointed
managing conservator while the child is committed to the commission
or released under supervision by the commission, including:
(1) medical care, as defined by Section 266.001,
Family Code;
(2) mental health treatment and counseling;
(3) education, including special education;
(4) case management;
(5) drug and alcohol abuse assessment or treatment;
(6) sex offender treatment; and
(7) trauma informed care.
(c) The rules adopted under this section must require:
(1) the Department of Family and Protective Services
to:
(A) provide the commission 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 commission;
(2) the commission 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
commission 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 commission 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 medical condition of the
child, as defined by Section 266.005, Family Code; and
(3) the Department of Family and Protective Services
and the commission to participate in transition planning for the
child through release from detention, release under supervision,
and discharge.
SECTION 16. (a) Not later than April 30, 2010, the executive
commissioner of the Health and Human Services Commission and of the
Texas Youth Commission shall adopt the rules required by Section
61.0767, Human Resources Code, as added by this Act.
(b) The changes in law made by this Act apply to an
individual for whom the Department of Family and Protective
Services or another agency has been appointed managing conservator
and who is in the custody of the Texas Youth Commission or released
under supervision by the Texas Youth Commission on or after the
effective date of this Act, regardless of the date on which the
person was committed to the Texas Youth Commission or released
under supervision by the Texas Youth Commission.
SECTION 17. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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