By: Rose (Senate Sponsor - Nelson) H.B. No. 704
(In the Senate - Received from the House April 27, 2009;
April 27, 2009, read first time and referred to Committee on Health
and Human Services; May 4, 2009, reported favorably by the
following vote: Yeas 9, Nays 0; May 4, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of a court over 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. Chapter 263, Family Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. EXTENDED JURISDICTION AFTER CHILD'S 18TH BIRTHDAY
Sec. 263.601. DEFINITIONS. In this subchapter:
(1) "Foster care" means a voluntary residential living
arrangement with a foster parent or other residential child-care
provider that is:
(A) licensed by the department or verified by a
licensed child-placing agency; and
(B) paid under a contract with the department.
(2) "Guardianship services" means the services
provided by the Department of Aging and Disability Services under
Subchapter E, Chapter 161, Human Resources Code.
(3) "Institution" means a residential facility that is
operated, licensed, registered, certified, or verified by a state
agency other than the department. The term includes a residential
service provider under a Medicaid waiver program authorized under
Section 1915(c) of the federal Social Security Act that provides
services at a residence other than the young adult's own home.
(4) "Young adult" means a person between 18 and 21
years of age who:
(A) was in the conservatorship of the department
on the day before the person's 18th birthday; and
(B) after the person's 18th birthday, resides in
foster care or receives transitional living services from the
department.
Sec. 263.602. EXTENDED JURISDICTION. (a) A court that had
continuing, exclusive jurisdiction over a young adult may, at the
young adult's request, render an order that extends the court's
jurisdiction over the young adult as provided by this subchapter.
(b) The extended jurisdiction of the court terminates on the
earlier of:
(1) the young adult's 21st birthday; or
(2) the date the young adult withdraws consent to the
extension of the court's jurisdiction in writing or in court.
Sec. 263.603. EXTENDED JURISDICTION TO DETERMINE
GUARDIANSHIP. (a) Notwithstanding Section 263.602, if the court
believes that a young adult may be incapacitated as defined by
Section 601(14)(B), Texas Probate Code, the court may extend its
jurisdiction on its own motion without the young adult's consent to
allow the department to refer the young adult to the Department of
Aging and Disability Services for guardianship services as required
by Section 48.209, Human Resources Code.
(b) The extended jurisdiction of the court under this
section terminates on the earliest of the date:
(1) the Department of Aging and Disability Services
determines a guardianship is not appropriate under Chapter 161,
Human Resources Code;
(2) a court with probate jurisdiction denies the
application to appoint a guardian; or
(3) a guardian is appointed and qualifies under the
Texas Probate Code.
(c) If the Department of Aging and Disability Services
determines a guardianship is not appropriate, or the court with
probate jurisdiction denies the application to appoint a guardian,
the court under Subsection (a) may continue to extend its
jurisdiction over the young adult only as provided by Section
263.602.
Sec. 263.604. GUARDIAN'S CONSENT TO EXTENDED JURISDICTION.
(a) A guardian appointed for a young adult may request that the
court extend the court's jurisdiction over the young adult.
(b) A court that extends its jurisdiction over a young adult
for whom a guardian is appointed may not issue an order that
conflicts with an order entered by the probate court that has
jurisdiction over the guardianship proceeding.
Sec. 263.605. CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY
AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE. A court with
extended jurisdiction under this subchapter may continue or renew
the appointment of an attorney ad litem, guardian ad litem, or
volunteer advocate for the young adult to assist the young adult in
accessing services the young adult is entitled to receive from the
department or any other public or private service provider.
Sec. 263.606. DUTIES OF ATTORNEY OR GUARDIAN AD LITEM. An
attorney ad litem or guardian ad litem appointed for a young adult
who receives services in the young adult's own home from a service
provider or resides in an institution that is licensed, certified,
or verified by a state agency other than the department shall assist
the young adult as necessary to ensure that the young adult receives
appropriate services from the service provider or institution, or
the state agency that regulates the service provider or
institution.
Sec. 263.607. PROHIBITED APPOINTMENTS AND ORDERS. (a) The
court may not appoint the department or the Department of Aging and
Disability Services as the managing conservator or guardian of a
young adult.
(b) A court may not order the department to provide a
service to a young adult unless the department:
(1) is authorized to provide the service under state
law; and
(2) is appropriated money to provide the service in an
amount sufficient to comply with the court order and the
department's obligations to other young adults for whom the
department is required to provide similar services.
Sec. 263.608. RIGHTS OF YOUNG ADULT. A young adult who
consents to the continued jurisdiction of the court has the same
rights as any other adult of the same age.
Sec. 263.609. SERVICE REVIEW HEARINGS. (a) If the court's
jurisdiction is extended under this subchapter for a young adult
who remains in foster care, the court may hold periodic hearings to
review the services provided to the young adult.
(b) At the request of a young adult who is receiving
transitional living services from the department, the court may
hold a hearing to review the services the young adult is receiving.
(c) Before a review hearing scheduled under this section,
the department must provide the court with a copy of:
(1) the young adult's plan of service; and
(2) the voluntary foster care agreement if the young
adult is in foster care or the transition plan if the young adult is
receiving transitional living services from the department.
(d) The court shall review the plan of service and voluntary
foster care agreement or transition plan, as applicable, and shall
determine whether the department and any service provider under
contract with the department is providing the appropriate services
as provided in the plan or agreement.
(e) If the court believes that the young adult is entitled
to additional services under the department's rules or policies or
under a contract with a service provider, the court may order the
department to take appropriate action to ensure that the young
adult receives the additional services to which the young adult is
entitled.
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.
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