Texas 2009 - 81st Regular

Texas House Bill HB704 Compare Versions

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1	1	H.B. No. 704
2	2
3	3
4	4	AN ACT
5	5	relating to the jurisdiction of a court over a child in the managing
6	6	conservatorship of the state after the child's 18th birthday.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 263, Family Code, is amended by adding
9	9	Subchapter G to read as follows:
10	10	SUBCHAPTER G. EXTENDED JURISDICTION AFTER CHILD'S 18TH BIRTHDAY
11	11	Sec. 263.601. DEFINITIONS. In this subchapter:
12	12	(1) "Foster care" means a voluntary residential living
13	13	arrangement with a foster parent or other residential child-care
14	14	provider that is:
15	15	(A) licensed by the department or verified by a
16	16	licensed child-placing agency; and
17	17	(B) paid under a contract with the department.
18	18	(2) "Guardianship services" means the services
19	19	provided by the Department of Aging and Disability Services under
20	20	Subchapter E, Chapter 161, Human Resources Code.
21	21	(3) "Institution" means a residential facility that is
22	22	operated, licensed, registered, certified, or verified by a state
23	23	agency other than the department. The term includes a residential
24	24	service provider under a Medicaid waiver program authorized under
25	25	Section 1915(c) of the federal Social Security Act that provides
26	26	services at a residence other than the young adult's own home.
27	27	(4) "Young adult" means a person between 18 and 21
28	28	years of age who:
29	29	(A) was in the conservatorship of the department
30	30	on the day before the person's 18th birthday; and
31	31	(B) after the person's 18th birthday, resides in
32	32	foster care or receives transitional living services from the
33	33	department.
34	34	Sec. 263.602. EXTENDED JURISDICTION. (a) A court that had
35	35	continuing, exclusive jurisdiction over a young adult may, at the
36	36	young adult's request, render an order that extends the court's
37	37	jurisdiction over the young adult as provided by this subchapter.
38	38	(b) The extended jurisdiction of the court terminates on the
39	39	earlier of:
40	40	(1) the young adult's 21st birthday; or
41	41	(2) the date the young adult withdraws consent to the
42	42	extension of the court's jurisdiction in writing or in court.
43	43	Sec. 263.603. EXTENDED JURISDICTION TO DETERMINE
44	44	GUARDIANSHIP. (a) Notwithstanding Section 263.602, if the court
45	45	believes that a young adult may be incapacitated as defined by
46	46	Section 601(14)(B), Texas Probate Code, the court may extend its
47	47	jurisdiction on its own motion without the young adult's consent to
48	48	allow the department to refer the young adult to the Department of
49	49	Aging and Disability Services for guardianship services as required
50	50	by Section 48.209, Human Resources Code.
51	51	(b) The extended jurisdiction of the court under this
52	52	section terminates on the earliest of the date:
53	53	(1) the Department of Aging and Disability Services
54	54	determines a guardianship is not appropriate under Chapter 161,
55	55	Human Resources Code;
56	56	(2) a court with probate jurisdiction denies the
57	57	application to appoint a guardian; or
58	58	(3) a guardian is appointed and qualifies under the
59	59	Texas Probate Code.
60	60	(c) If the Department of Aging and Disability Services
61	61	determines a guardianship is not appropriate, or the court with
62	62	probate jurisdiction denies the application to appoint a guardian,
63	63	the court under Subsection (a) may continue to extend its
64	64	jurisdiction over the young adult only as provided by Section
65	65	263.602.
66	66	Sec. 263.604. GUARDIAN'S CONSENT TO EXTENDED JURISDICTION.
67	67	(a) A guardian appointed for a young adult may request that the
68	68	court extend the court's jurisdiction over the young adult.
69	69	(b) A court that extends its jurisdiction over a young adult
70	70	for whom a guardian is appointed may not issue an order that
71	71	conflicts with an order entered by the probate court that has
72	72	jurisdiction over the guardianship proceeding.
73	73	Sec. 263.605. CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY
74	74	AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE. A court with
75	75	extended jurisdiction under this subchapter may continue or renew
76	76	the appointment of an attorney ad litem, guardian ad litem, or
77	77	volunteer advocate for the young adult to assist the young adult in
78	78	accessing services the young adult is entitled to receive from the
79	79	department or any other public or private service provider.
80	80	Sec. 263.606. DUTIES OF ATTORNEY OR GUARDIAN AD LITEM. An
81	81	attorney ad litem or guardian ad litem appointed for a young adult
82	82	who receives services in the young adult's own home from a service
83	83	provider or resides in an institution that is licensed, certified,
84	84	or verified by a state agency other than the department shall assist
85	85	the young adult as necessary to ensure that the young adult receives
86	86	appropriate services from the service provider or institution, or
87	87	the state agency that regulates the service provider or
88	88	institution.
89	89	Sec. 263.607. PROHIBITED APPOINTMENTS AND ORDERS. (a) The
90	90	court may not appoint the department or the Department of Aging and
91	91	Disability Services as the managing conservator or guardian of a
92	92	young adult.
93	93	(b) A court may not order the department to provide a
94	94	service to a young adult unless the department:
95	95	(1) is authorized to provide the service under state
96	96	law; and
97	97	(2) is appropriated money to provide the service in an
98	98	amount sufficient to comply with the court order and the
99	99	department's obligations to other young adults for whom the
100	100	department is required to provide similar services.
101	101	Sec. 263.608. RIGHTS OF YOUNG ADULT. A young adult who
102	102	consents to the continued jurisdiction of the court has the same
103	103	rights as any other adult of the same age.
104	104	Sec. 263.609. SERVICE REVIEW HEARINGS. (a) If the court's
105	105	jurisdiction is extended under this subchapter for a young adult
106	106	who remains in foster care, the court may hold periodic hearings to
107	107	review the services provided to the young adult.
108	108	(b) At the request of a young adult who is receiving
109	109	transitional living services from the department, the court may
110	110	hold a hearing to review the services the young adult is receiving.
111	111	(c) Before a review hearing scheduled under this section,
112	112	the department must provide the court with a copy of:
113	113	(1) the young adult's plan of service; and
114	114	(2) the voluntary foster care agreement if the young
115	115	adult is in foster care or the transition plan if the young adult is
116	116	receiving transitional living services from the department.
117	117	(d) The court shall review the plan of service and voluntary
118	118	foster care agreement or transition plan, as applicable, and shall
119	119	determine whether the department and any service provider under
120	120	contract with the department is providing the appropriate services
121	121	as provided in the plan or agreement.
122	122	(e) If the court believes that the young adult is entitled
123	123	to additional services under the department's rules or policies or
124	124	under a contract with a service provider, the court may order the
125	125	department to take appropriate action to ensure that the young
126	126	adult receives the additional services to which the young adult is
127	127	entitled.
128	128	SECTION 2. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.
133	133	______________________________ ______________________________
134	134	President of the Senate Speaker of the House
135	135	I certify that H.B. No. 704 was passed by the House on April
136	136	24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
137	137	voting.
138	138	______________________________
139	139	Chief Clerk of the House
140	140	I certify that H.B. No. 704 was passed by the Senate on May
141	141	12, 2009, by the following vote: Yeas 31, Nays 0.
142	142	______________________________
143	143	Secretary of the Senate
144	144	APPROVED: _____________________
145	145	Date
146	146	_____________________
147	147	Governor