| 1 | 1 | | 81R11783 MCK-F |
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| 2 | 2 | | By: Zerwas H.B. No. 4564 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the notice requirements for and effective date of a |
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| 8 | 8 | | service plan filed by the Department of Family and Protective |
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| 9 | 9 | | Services with regard to a child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 263.102, Family Code, is amended by |
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| 12 | 12 | | adding Subsection (b-1) to read as follows: |
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| 13 | 13 | | (b-1) Unless otherwise ordered by a court, a service plan |
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| 14 | 14 | | must include the following statement prominently displayed |
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| 15 | 15 | | immediately above each parent's signature in at least 12-point type |
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| 16 | 16 | | that is boldfaced and capitalized: |
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| 17 | 17 | | THIS SERVICE PLAN IS NOT MANDATORY. THIS SERVICE PLAN IS |
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| 18 | 18 | | MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE |
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| 19 | 19 | | SERVICES. YOU ARE NOT REQUIRED TO SIGN IT. ALTHOUGH YOU MAY SIGN IT |
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| 20 | 20 | | IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS SERVICE |
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| 21 | 21 | | PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD. YOUR |
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| 22 | 22 | | REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF CHILD ABUSE |
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| 23 | 23 | | OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN |
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| 24 | 24 | | ADMISSION OF CHILD ABUSE OR NEGLECT. A VIOLATION OF THIS SERVICE |
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| 25 | 25 | | PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR PARENTAL |
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| 26 | 26 | | RIGHTS AND DUTIES. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE |
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| 27 | 27 | | SIGNING THIS SERVICE PLAN. |
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| 28 | 28 | | SECTION 2. Sections 263.103(a), (c), and (d), Family Code, |
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| 29 | 29 | | are amended to read as follows: |
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| 30 | 30 | | (a) Before the service plan is signed, the child's parents |
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| 31 | 31 | | and the representative of the department or other agency shall |
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| 32 | 32 | | discuss each term and condition of the plan. The representative |
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| 33 | 33 | | shall inform the child's parents that compliance with the service |
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| 34 | 34 | | plan is voluntary. |
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| 35 | 35 | | (c) If the department or other authorized agency determines |
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| 36 | 36 | | that the child's parents are unable or unwilling to sign the service |
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| 37 | 37 | | plan, a parent or the department may file a motion for a hearing to |
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| 38 | 38 | | approve the plan. The court may accept or modify the plan based on |
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| 39 | 39 | | the testimony of the parties [without the parents' signatures]. |
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| 40 | 40 | | (d) The plan takes effect when: |
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| 41 | 41 | | (1) the child's parents and the appropriate |
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| 42 | 42 | | representative of the department or other authorized agency sign |
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| 43 | 43 | | the plan; or |
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| 44 | 44 | | (2) if the child's parents refuse to sign the plan, the |
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| 45 | 45 | | court approves the plan [the department or other authorized agency |
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| 46 | 46 | | files the plan without the parents' signatures]. |
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| 47 | 47 | | SECTION 3. Section 263.104, Family Code, is amended by |
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| 48 | 48 | | adding Subsection (a-1) and amending Subsection (b) to read as |
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| 49 | 49 | | follows: |
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| 50 | 50 | | (a-1) If the department or other authorized agency |
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| 51 | 51 | | determines that the child's parents are unable or unwilling to sign |
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| 52 | 52 | | the amended service plan, a parent or the department may file a |
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| 53 | 53 | | motion for a hearing to approve the amended service plan. The court |
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| 54 | 54 | | may accept or modify the amended service plan based on the testimony |
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| 55 | 55 | | of the parties. |
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| 56 | 56 | | (b) The amended service plan supersedes the previously |
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| 57 | 57 | | filed service plan and takes effect when: |
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| 58 | 58 | | (1) the child's parents and the appropriate |
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| 59 | 59 | | representative of the department or other authorized agency sign |
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| 60 | 60 | | the plan; or |
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| 61 | 61 | | (2) if the child's parents refuse to sign the plan, the |
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| 62 | 62 | | court approves the plan [the department or other authorized agency |
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| 63 | 63 | | determines that the child's parents are unable or unwilling to sign |
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| 64 | 64 | | the amended plan and files it without the parents' signatures]. |
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| 65 | 65 | | SECTION 4. The changes in law made by this Act apply only to |
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| 66 | 66 | | a service plan filed by the Department of Family and Protective |
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| 67 | 67 | | Services and submitted to a child's parent on or after the effective |
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| 68 | 68 | | date of this Act. A service plan filed by the department and |
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| 69 | 69 | | submitted to a child's parent before that date is governed by the |
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| 70 | 70 | | law in effect on the date the service plan was filed, and the former |
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| 71 | 71 | | law is continued in effect for that purpose. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2009. |
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