81R5218 MCK-F
By: Rose H.B. No. 704
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of a court to conduct placement review
hearings for a child in the managing conservatorship of the state
after the child's 18th birthday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 263, Family Code, is
amended by adding Section 263.504 to read as follows:
Sec. 263.504. EXTENDED JURISDICTION AFTER CHILD'S 18TH
BIRTHDAY. (a) If the department has been named as a child's
managing conservator and the child remains in substitute care on
the child's 18th birthday or receives services from the department
after the child's 18th birthday, the court may render an order that
continues the court's jurisdiction of the child if:
(1) the court finds that the child is subject to the
court's jurisdiction under a suit affecting the parent-child
relationship filed by the department before the child's 18th
birthday and the child consents to or requests an extension of the
court's jurisdiction after the child's 18th birthday; or
(2) on the court's own motion, the court determines
that the child is substantially unable to provide for the child's
own food, clothing, or shelter because of a mental or physical
disability.
(b) The extended jurisdiction of the court terminates on the
earliest of:
(1) the child's 21st birthday;
(2) the date the child withdraws consent to the
extension of the court's jurisdiction in writing or in court, if the
court extends jurisdiction under Subsection (a)(1); or
(3) the date the court determines that the child is
able to provide for the child's own food, clothing, or shelter, if
the court extends jurisdiction under Subsection (a)(2).
(c) If the court's jurisdiction is extended, the court may
continue to hold periodic review hearings under this section or may
schedule a hearing on request of the child, the child's attorney, or
the child's guardian ad litem or volunteer advocate.
(d) The court may continue the appointment or renew the
appointment of a guardian ad litem, volunteer advocate, or attorney
ad litem for the child on request of the child.
(e) In any review hearing held under this section, the court
shall determine whether:
(1) the child's current placement is necessary, safe,
and appropriate for meeting the child's needs and continues to be
appropriate and in the best interest of the child;
(2) if the child is placed in institutional care,
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;
(3) the services that are needed to assist the child 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; and
(5) the department has:
(A) exercised due diligence in providing the
child with services identified in the service plan; and
(B) made reasonable efforts to develop the
child's service plan after consulting with the child.
SECTION 2. 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.