Texas 2009 - 81st Regular

Texas House Bill HB1629 Compare Versions

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1	1	81R6529 UM-D
2	2	By: Naishtat H.B. No. 1629
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the care and protection of foster children committed to
8	8	or released under supervision by the Texas Youth Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 32.001(b), Family Code, is amended to
11	11	read as follows:
12	12	(b) Except as otherwise provided by this subsection, the
13	13	[The] Texas Youth Commission may consent to the medical, dental,
14	14	psychological, and surgical treatment of a child committed to the
15	15	Texas Youth Commission [it] under Title 3 when the person having the
16	16	right to consent has been contacted and that person has not given
17	17	actual notice to the contrary. Consent for medical, dental,
18	18	psychological, and surgical treatment of a child for whom the
19	19	Department of Family and Protective Services, an authorized agency,
20	20	or a licensed child-placing agency has been appointed managing
21	21	conservator and who is committed to the Texas Youth Commission is
22	22	governed by Sections 266.004, 266.009, and 266.010.
23	23	SECTION 2. Section 54.04, Family Code, is amended by adding
24	24	Subsection (y) to read as follows:
25	25	(y) A juvenile court conducting a hearing under this section
26	26	involving a child for whom the Department of Family and Protective
27	27	Services has been appointed managing conservator may communicate
28	28	with the court having continuing jurisdiction over the child before
29	29	the disposition hearing. The juvenile court may allow a party to
30	30	the suit affecting the parent-child relationship to participate in
31	31	the communication under this subsection.
32	32	SECTION 3. Part 1, Subchapter B, Chapter 107, Family Code,
33	33	is amended by adding Section 107.0161 to read as follows:
34	34	Sec. 107.0161. AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO
35	35	TEXAS YOUTH COMMISSION. If an order appointing the Department of
36	36	Family and Protective Services as managing conservator of a child
37	37	does not continue the appointment of the child's guardian ad litem
38	38	or attorney ad litem and the child is committed to the Texas Youth
39	39	Commission or released under supervision by the Texas Youth
40	40	Commission, the court may appoint a guardian ad litem or attorney ad
41	41	litem for the child.
42	42	SECTION 4. Section 263.001(a)(4), Family Code, is amended
43	43	to read as follows:
44	44	(4) "Substitute care" means the placement of a child
45	45	who is in the conservatorship of the department or an authorized
46	46	agency in care outside the child's home. The term includes foster
47	47	care, institutional care, adoption, [or] placement with a relative
48	48	of the child, or commitment to the Texas Youth Commission.
49	49	SECTION 5. Section 263.002, Family Code, is amended to read
50	50	as follows:
51	51	Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit
52	52	affecting the parent-child relationship in which the department or
53	53	an authorized agency has been appointed by the court or designated
54	54	in an affidavit of relinquishment of parental rights as the
55	55	temporary or permanent managing conservator of a child, the court
56	56	shall hold a hearing to review:
57	57	(1) the conservatorship appointment and substitute
58	58	care; and
59	59	(2) for a child committed to the Texas Youth
60	60	Commission, the child's placement in the Texas Youth Commission or
61	61	release under supervision by the Texas Youth Commission.
62	62	SECTION 6. Section 263.302, Family Code, is amended to read
63	63	as follows:
64	64	Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child
65	65	shall attend each permanency hearing unless the court specifically
66	66	excuses the child's attendance. A child committed to the Texas
67	67	Youth Commission may attend a permanency hearing in person, by
68	68	telephone, or by videoconference. The court shall consult with
69	69	the child in a developmentally appropriate manner regarding the
70	70	child's permanency plan, if the child is four years of age or older
71	71	and if the court determines it is in the best interest of the child.
72	72	Failure by the child to attend a hearing does not affect the
73	73	validity of an order rendered at the hearing.
74	74	SECTION 7. Section 263.303(b), Family Code, is amended to
75	75	read as follows:
76	76	(b) The permanency progress report must:
77	77	(1) recommend that the suit be dismissed; or
78	78	(2) recommend that the suit continue, and:
79	79	(A) identify the date for dismissal of the suit
80	80	under this chapter;
81	81	(B) provide:
82	82	(i) the name of any person entitled to
83	83	notice under Chapter 102 who has not been served;
84	84	(ii) a description of the efforts by the
85	85	department or another agency to locate and request service of
86	86	citation; and
87	87	(iii) a description of each parent's
88	88	assistance in providing information necessary to locate an unserved
89	89	party;
90	90	(C) evaluate the parties' compliance with
91	91	temporary orders and with the service plan;
92	92	(D) evaluate whether the child's placement in
93	93	substitute care meets the child's needs and recommend other plans
94	94	or services to meet the child's special needs or circumstances;
95	95	(E) describe the permanency plan for the child
96	96	and recommend actions necessary to ensure that a final order
97	97	consistent with that permanency plan is rendered before the date
98	98	for dismissal of the suit under this chapter; [and]
99	99	(F) with respect to a child 16 years of age or
100	100	older, identify the services needed to assist the child in the
101	101	transition to adult life; and
102	102	(G) with respect to a child committed to the
103	103	Texas Youth Commission or released under supervision by the Texas
104	104	Youth Commission, evaluate whether the child's needs for treatment,
105	105	rehabilitation, and education are being met and recommend other
106	106	plans or services to meet the child's needs.
107	107	SECTION 8. Section 263.306(a), Family Code, is amended to
108	108	read as follows:
109	109	(a) At each permanency hearing the court shall:
110	110	(1) identify all persons or parties present at the
111	111	hearing or those given notice but failing to appear;
112	112	(2) review the efforts of the department or another
113	113	agency in:
114	114	(A) attempting to locate all necessary persons;
115	115	(B) requesting service of citation; and
116	116	(C) obtaining the assistance of a parent in
117	117	providing information necessary to locate an absent parent, alleged
118	118	father, or relative of the child;
119	119	(3) review the efforts of each custodial parent,
120	120	alleged father, or relative of the child before the court in
121	121	providing information necessary to locate another absent parent,
122	122	alleged father, or relative of the child;
123	123	(4) return the child to the parent or parents if the
124	124	child's parent or parents are willing and able to provide the child
125	125	with a safe environment and the return of the child is in the
126	126	child's best interest;
127	127	(5) place the child with a person or entity, other than
128	128	a parent, entitled to service under Chapter 102 if the person or
129	129	entity is willing and able to provide the child with a safe
130	130	environment and the placement of the child is in the child's best
131	131	interest;
132	132	(6) evaluate the department's efforts to identify
133	133	relatives who could provide the child with a safe environment, if
134	134	the child is not returned to a parent or another person or entity
135	135	entitled to service under Chapter 102;
136	136	(7) evaluate the parties' compliance with temporary
137	137	orders and the service plan;
138	138	(8) determine whether:
139	139	(A) the child continues to need substitute care;
140	140	(B) the child's current placement is appropriate
141	141	for meeting the child's needs, including with respect to a child who
142	142	has been placed outside of the state, whether that placement
143	143	continues to be in the best interest of the child; and
144	144	(C) other plans or services are needed to meet
145	145	the child's special needs or circumstances;
146	146	(9) if the child is placed in institutional care,
147	147	determine whether efforts have been made to ensure placement of the
148	148	child in the least restrictive environment consistent with the best
149	149	interest and special needs of the child;
150	150	(10) if the child is 16 years of age or older, order
151	151	services that are needed to assist the child in making the
152	152	transition from substitute care to independent living if the
153	153	services are available in the community;
154	154	(11) determine plans, services, and further temporary
155	155	orders necessary to ensure that a final order is rendered before the
156	156	date for dismissal of the suit under this chapter; [and]
157	157	(12) if the child is committed to the Texas Youth
158	158	Commission or released under supervision by the Texas Youth
159	159	Commission, determine whether the child's needs for treatment,
160	160	rehabilitation, and education are being met; and
161	161	(13) determine the date for dismissal of the suit
162	162	under this chapter and give notice in open court to all parties of:
163	163	(A) the dismissal date;
164	164	(B) the date of the next permanency hearing; and
165	165	(C) the date the suit is set for trial.
166	166	SECTION 9. Section 263.501, Family Code, is amended by
167	167	amending Subsection (f) and adding Subsection (g) to read as
168	168	follows:
169	169	(f) The child shall attend each placement review hearing
170	170	unless the court specifically excuses the child's attendance. A
171	171	child committed to the Texas Youth Commission may attend a
172	172	placement review hearing in person, by telephone, or by
173	173	videoconference. The court shall consult with the child in a
174	174	developmentally appropriate manner regarding the child's
175	175	permanency or transition plan, if the child is four years of age or
176	176	older. Failure by the child to attend a hearing does not affect the
177	177	validity of an order rendered at the hearing.
178	178	(g) A court required to conduct placement review hearings
179	179	for a child for whom the department has been appointed permanent
180	180	managing conservator may not dismiss a suit affecting the
181	181	parent-child relationship filed by the department regarding the
182	182	child while the child is:
183	183	(1) committed to the Texas Youth Commission; or
184	184	(2) released under the supervision of the Texas Youth
185	185	Commission.
186	186	SECTION 10. Section 263.502(c), Family Code, is amended to
187	187	read as follows:
188	188	(c) The placement review report must:
189	189	(1) evaluate whether the child's current placement is
190	190	appropriate for meeting the child's needs;
191	191	(2) evaluate whether efforts have been made to ensure
192	192	placement of the child in the least restrictive environment
193	193	consistent with the best interest and special needs of the child if
194	194	the child is placed in institutional care;
195	195	(3) contain a discharge plan for a child who is at
196	196	least 16 years of age that identifies the services and specific
197	197	tasks that are needed to assist the child in making the transition
198	198	from substitute care to adult living and describes the services
199	199	that are available through the Preparation for Adult Living Program
200	200	operated by the department;
201	201	(4) evaluate whether the child's current educational
202	202	placement is appropriate for meeting the child's academic needs;
203	203	(5) identify other plans or services that are needed
204	204	to meet the child's special needs or circumstances; [and]
205	205	(6) describe the efforts of the department or
206	206	authorized agency to place the child for adoption if parental
207	207	rights to the child have been terminated and the child is eligible
208	208	for adoption, including efforts to provide adoption promotion and
209	209	support services as defined by 42 U.S.C. Section 629a and other
210	210	efforts consistent with the federal Adoption and Safe Families Act
211	211	of 1997 (Pub. L. No. 105-89); and
212	212	(7) with respect to a child committed to the Texas
213	213	Youth Commission or released under supervision by the Texas Youth
214	214	Commission, evaluate whether the child's needs for treatment,
215	215	rehabilitation, and education are being met.
216	216	SECTION 11. Section 263.503, Family Code, is amended to
217	217	read as follows:
218	218	Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At
219	219	each placement review hearing, the court shall determine whether:
220	220	(1) the child's current placement is necessary, safe,
221	221	and appropriate for meeting the child's needs, including with
222	222	respect to a child placed outside of the state, whether the
223	223	placement continues to be appropriate and in the best interest of
224	224	the child;
225	225	(2) efforts have been made to ensure placement of the
226	226	child in the least restrictive environment consistent with the best
227	227	interest and special needs of the child if the child is placed in
228	228	institutional care;
229	229	(3) the services that are needed to assist a child who
230	230	is at least 16 years of age in making the transition from substitute
231	231	care to independent living are available in the community;
232	232	(4) other plans or services are needed to meet the
233	233	child's special needs or circumstances;
234	234	(5) the department or authorized agency has exercised
235	235	due diligence in attempting to place the child for adoption if
236	236	parental rights to the child have been terminated and the child is
237	237	eligible for adoption; [and]
238	238	(6) the department or authorized agency has made
239	239	reasonable efforts to finalize the permanency plan that is in
240	240	effect for the child; and
241	241	(7) if the child is committed to the Texas Youth
242	242	Commission or released under supervision by the Texas Youth
243	243	Commission, the child's needs for treatment, rehabilitation, and
244	244	education are being met.
245	245	SECTION 12. Section 264.0091, Family Code, is amended to
246	246	read as follows:
247	247	Sec. 264.0091. USE OF TELECONFERENCING AND
248	248	VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of
249	249	funds, the department, in cooperation with district and county
250	250	courts, shall expand the use of teleconferencing and
251	251	videoconferencing to facilitate participation by medical experts,
252	252	children, and other individuals in court proceedings, including
253	253	children for whom the department, an authorized agency, or a
254	254	licensed child-placing agency has been appointed managing
255	255	conservator and who are committed to the Texas Youth Commission.
256	256	SECTION 13. Section 61.0731, Human Resources Code, is
257	257	amended by adding Subsection (d) to read as follows:
258	258	(d) Notwithstanding Subsection (a), if the Department of
259	259	Family and Protective Services, an authorized agency, or a licensed
260	260	child-placing agency has been appointed managing conservator for a
261	261	child, the commission shall disclose records and other information
262	262	concerning the child to the department or agency.
263	263	SECTION 14. Section 61.0763, Human Resources Code, as added
264	264	by Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular
265	265	Session, 2007, is amended by adding Subsection (e) to read as
266	266	follows:
267	267	(e) The commission shall ensure that if the Department of
268	268	Family and Protective Services, an authorized agency, or a licensed
269	269	child-placing agency has been appointed managing conservator of a
270	270	child, the department or agency is given the same rights as the
271	271	child's parent under the parent's bill of rights developed under
272	272	this section.
273	273	SECTION 15. Subchapter E, Chapter 61, Human Resources Code,
274	274	is amended by adding Sections 61.0766 and 61.0767 to read as
275	275	follows:
276	276	Sec. 61.0766. REPORT CONCERNING FOSTER CHILDREN COMMITTED
277	277	TO COMMISSION. (a) Not later than the 10th day before the date of a
278	278	permanency hearing under Subchapter D, Chapter 263, Family Code, or
279	279	a placement review hearing under Subchapter F, Chapter 263, Family
280	280	Code, regarding a child for whom the Department of Family and
281	281	Protective Services, an authorized agency, or a licensed
282	282	child-placing agency has been appointed managing conservator, a
283	283	commission caseworker shall submit a written report regarding the
284	284	child's commitment to the commission to:
285	285	(1) the court;
286	286	(2) the Department of Family and Protective Services
287	287	or the authorized agency or licensed child-placing agency that has
288	288	been appointed managing conservator of the child;
289	289	(3) any attorney ad litem or guardian ad litem
290	290	appointed for the child; and
291	291	(4) any volunteer advocate appointed for the child.
292	292	(b) The report required by Subsection (a) must include:
293	293	(1) the results of any assessments of the child during
294	294	the child's commitment to the commission, including assessments of
295	295	the child's emotional, mental, educational, psychological,
296	296	psychiatric, medical, or physical needs;
297	297	(2) information regarding the child's placement in
298	298	particular programs administered by the commission; and
299	299	(3) a description of the child's progress in programs
300	300	administered by the commission.
301	301	Sec. 61.0767. RULES REGARDING SERVICES FOR FOSTER CHILDREN.
302	302	(a) The commission and the executive commissioner of the Health and
303	303	Human Services Commission shall jointly adopt rules to ensure that
304	304	a child for whom the Department of Family and Protective Services,
305	305	an authorized agency, or a licensed child-placing agency has been
306	306	appointed managing conservator receives appropriate services while
307	307	the child is committed to the commission or released under
308	308	supervision by the commission.
309	309	(b) The rules adopted under this section must require the
310	310	commission and the Department of Family and Protective Services to
311	311	cooperate in providing appropriate services to a child for whom the
312	312	Department of Family and Protective Services, an authorized agency,
313	313	or a licensed child-placing agency has been appointed managing
314	314	conservator while the child is committed to the commission or
315	315	released under supervision by the commission, including:
316	316	(1) medical care, as defined by Section 266.001,
317	317	Family Code;
318	318	(2) mental health treatment and counseling;
319	319	(3) education, including special education;
320	320	(4) case management;
321	321	(5) drug and alcohol abuse assessment or treatment;
322	322	(6) sex offender treatment; and
323	323	(7) trauma informed care.
324	324	(c) The rules adopted under this section must require:
325	325	(1) the Department of Family and Protective Services
326	326	to:
327	327	(A) provide the commission with access to a
328	328	child's health and education passports; and
329	329	(B) require a child's caseworker to visit the
330	330	child in person at least once each month while the child is
331	331	committed to the commission;
332	332	(2) the commission to:
333	333	(A) provide the Department of Family and
334	334	Protective Services with information required for a child's health
335	335	or education passport;
336	336	(B) permit communication, including in person,
337	337	by telephone, and by mail, between a child committed to the
338	338	commission and:
339	339	(i) the Department of Family and Protective
340	340	Services or the authorized agency or licensed child-placing agency
341	341	that has been appointed managing conservator of the child; and
342	342	(ii) the attorney ad litem, the guardian ad
343	343	litem, and the volunteer advocate for the child; and
344	344	(C) provide the Department of Family and
345	345	Protective Services, the authorized agency or licensed
346	346	child-placing agency that has been appointed managing conservator
347	347	of the child, and any attorney ad litem or guardian ad litem for the
348	348	child with timely notice of the following events relating to the
349	349	child:
350	350	(i) a meeting designed to develop or revise
351	351	the individual case plan for the child;
352	352	(ii) a medical appointment at which a
353	353	person authorized to consent to medical care must participate as
354	354	required by Section 266.004(i), Family Code;
355	355	(iii) an education meeting, including
356	356	admission, review, or dismissal meetings for a child receiving
357	357	special education;
358	358	(iv) a grievance or disciplinary hearing
359	359	for the child;
360	360	(v) a report of abuse or neglect of the
361	361	child; and
362	362	(vi) a significant medical condition of the
363	363	child, as defined by Section 266.005, Family Code; and
364	364	(3) the Department of Family and Protective Services
365	365	and the commission to participate in transition planning for the
366	366	child through release from detention, release under supervision,
367	367	and discharge.
368	368	SECTION 16. (a) Not later than December 1, 2009, the
369	369	executive commissioner of the Health and Human Services Commission
370	370	and the Texas Youth Commission shall adopt the rules required by
371	371	Section 61.0767, Human Resources Code, as added by this Act.
372	372	(b) The changes in law made by this Act apply to an
373	373	individual for whom the Department of Family and Protective
374	374	Services or another agency has been appointed managing conservator
375	375	and who is in the custody of the Texas Youth Commission or released
376	376	under supervision by the Texas Youth Commission on or after the
377	377	effective date of this Act, regardless of the date on which the
378	378	person was committed to the Texas Youth Commission or released
379	379	under supervision by the Texas Youth Commission.
380	380	SECTION 17. This Act takes effect immediately if it receives
381	381	a vote of two-thirds of all the members elected to each house, as
382	382	provided by Section 39, Article III, Texas Constitution. If this
383	383	Act does not receive the vote necessary for immediate effect, this
384	384	Act takes effect September 1, 2009.