81R11783 MCK-F
By: Zerwas H.B. No. 4564
A BILL TO BE ENTITLED
AN ACT
relating to the notice requirements for and effective date of a
service plan filed by the Department of Family and Protective
Services with regard to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.102, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Unless otherwise ordered by a court, a service plan
must include the following statement prominently displayed
immediately above each parent's signature in at least 12-point type
that is boldfaced and capitalized:
THIS SERVICE PLAN IS NOT MANDATORY. THIS SERVICE PLAN IS
MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES. YOU ARE NOT REQUIRED TO SIGN IT. ALTHOUGH YOU MAY SIGN IT
IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS SERVICE
PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD. YOUR
REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF CHILD ABUSE
OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN
ADMISSION OF CHILD ABUSE OR NEGLECT. A VIOLATION OF THIS SERVICE
PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR PARENTAL
RIGHTS AND DUTIES. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE
SIGNING THIS SERVICE PLAN.
SECTION 2. Sections 263.103(a), (c), and (d), Family Code,
are amended to read as follows:
(a) Before the service plan is signed, the child's parents
and the representative of the department or other agency shall
discuss each term and condition of the plan. The representative
shall inform the child's parents that compliance with the service
plan is voluntary.
(c) If the department or other authorized agency determines
that the child's parents are unable or unwilling to sign the service
plan, a parent or the department may file a motion for a hearing to
approve the plan. The court may accept or modify the plan based on
the testimony of the parties [without the parents' signatures].
(d) The plan takes effect when:
(1) the child's parents and the appropriate
representative of the department or other authorized agency sign
the plan; or
(2) if the child's parents refuse to sign the plan, the
court approves the plan [the department or other authorized agency
files the plan without the parents' signatures].
SECTION 3. Section 263.104, Family Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) If the department or other authorized agency
determines that the child's parents are unable or unwilling to sign
the amended service plan, a parent or the department may file a
motion for a hearing to approve the amended service plan. The court
may accept or modify the amended service plan based on the testimony
of the parties.
(b) The amended service plan supersedes the previously
filed service plan and takes effect when:
(1) the child's parents and the appropriate
representative of the department or other authorized agency sign
the plan; or
(2) if the child's parents refuse to sign the plan, the
court approves the plan [the department or other authorized agency
determines that the child's parents are unable or unwilling to sign
the amended plan and files it without the parents' signatures].
SECTION 4. The changes in law made by this Act apply only to
a service plan filed by the Department of Family and Protective
Services and submitted to a child's parent on or after the effective
date of this Act. A service plan filed by the department and
submitted to a child's parent before that date is governed by the
law in effect on the date the service plan was filed, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.