Texas 2009 - 81st Regular

Texas House Bill HB884 Compare Versions

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Old	New	Differences
1	1	81R15381 UM-F
2	2	By: Naishtat H.B. No. 884
3	3	Substitute the following for H.B. No. 884:
4	4	By: Rose C.S.H.B. No. 884
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the permanent placement of certain foster children.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 263.404, Family Code, is amended by
12	12	adding Subsection (c) to read as follows:
13	13	(c) If the court renders a final order under this section,
14	14	the department shall continue to make an effort to identify a more
15	15	permanent placement for the child, including appointing a relative
16	16	or other suitable individual as permanent managing conservator,
17	17	returning the child to a parent, or another planned, permanent
18	18	living arrangement.
19	19	SECTION 2. Section 263.501(a), Family Code, is amended to
20	20	read as follows:
21	21	(a) If the department has been named as a child's managing
22	22	conservator in a final order that does not include termination of
23	23	parental rights, the court shall conduct a placement review hearing
24	24	at least once every six months until an appropriate individual is
25	25	appointed permanent managing conservator of the child, the child is
26	26	returned to a parent and the case is dismissed, or the child becomes
27	27	an adult.
28	28	SECTION 3. Section 263.502(c), Family Code, is amended to
29	29	read as follows:
30	30	(c) The placement review report must:
31	31	(1) evaluate whether the child's current placement is
32	32	appropriate for meeting the child's needs;
33	33	(2) evaluate whether efforts have been made to ensure
34	34	placement of the child in the least restrictive environment
35	35	consistent with the best interest and special needs of the child if
36	36	the child is placed in institutional care;
37	37	(3) contain a discharge plan for a child who is at
38	38	least 16 years of age that identifies the services and specific
39	39	tasks that are needed to assist the child in making the transition
40	40	from substitute care to adult living and describes the services
41	41	that are available through the Preparation for Adult Living Program
42	42	operated by the department;
43	43	(4) evaluate whether the child's current educational
44	44	placement is appropriate for meeting the child's academic needs;
45	45	(5) identify other plans or services that are needed
46	46	to meet the child's special needs or circumstances; [and]
47	47	(6) describe the efforts of the department or
48	48	authorized agency to place the child for adoption if parental
49	49	rights to the child have been terminated and the child is eligible
50	50	for adoption, including efforts to provide adoption promotion and
51	51	support services as defined by 42 U.S.C. Section 629a and other
52	52	efforts consistent with the federal Adoption and Safe Families Act
53	53	of 1997 (Pub. L. No. 105-89); and
54	54	(7) for a child for whom the department has been named
55	55	managing conservator in a final order that does not include
56	56	termination of parental rights, describe the efforts of the
57	57	department to find a permanent placement for the child, including
58	58	efforts to:
59	59	(A) work with the caregiver with whom the child
60	60	is placed to determine whether that caregiver is willing to become a
61	61	permanent placement for the child;
62	62	(B) locate a relative or other suitable
63	63	individual to serve as permanent managing conservator of the child;
64	64	and
65	65	(C) evaluate any change in a parent's
66	66	circumstances to determine whether:
67	67	(i) the child can be returned to the parent;
68	68	or
69	69	(ii) parental rights should be terminated.
70	70	SECTION 4. Section 263.503, Family Code, is amended to read
71	71	as follows:
72	72	Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. (a)
73	73	At each placement review hearing, the court shall determine
74	74	whether:
75	75	(1) the child's current placement is necessary, safe,
76	76	and appropriate for meeting the child's needs, including with
77	77	respect to a child placed outside of the state, whether the
78	78	placement continues to be appropriate and in the best interest of
79	79	the child;
80	80	(2) efforts have been made to ensure placement of the
81	81	child in the least restrictive environment consistent with the best
82	82	interest and special needs of the child if the child is placed in
83	83	institutional care;
84	84	(3) the services that are needed to assist a child who
85	85	is at least 16 years of age in making the transition from substitute
86	86	care to independent living are available in the community;
87	87	(4) other plans or services are needed to meet the
88	88	child's special needs or circumstances;
89	89	(5) the department or authorized agency has exercised
90	90	due diligence in attempting to place the child for adoption if
91	91	parental rights to the child have been terminated and the child is
92	92	eligible for adoption; [and]
93	93	(6) the department or authorized agency has made
94	94	reasonable efforts to finalize the permanency plan that is in
95	95	effect for the child; and
96	96	(7) for a child for whom the department has been
97	97	appointed permanent managing conservator in a final order that does
98	98	not include termination of parental rights, a permanent placement,
99	99	including appointing a relative as permanent managing conservator
100	100	or returning the child to a parent, is appropriate for the child.
101	101	(b) For a child for whom the department has been appointed
102	102	permanent managing conservator in a final order that does not
103	103	include termination of parental rights, the court may order the
104	104	department to continue to provide services to a parent for a period
105	105	not to exceed six months from the day of the placement review
106	106	hearing if:
107	107	(1) the child has not been placed with a relative or
108	108	other individual, including a foster parent, who is seeking
109	109	permanent managing conservatorship of the child; and
110	110	(2) the court determines that further efforts at
111	111	reunification with a parent:
112	112	(A) are in the best interest of the child; and
113	113	(B) are likely to result in the child's safe
114	114	return to the child's parent.
115	115	SECTION 5. (a) Section 263.404(c), Family Code, as added by
116	116	this Act, applies to a child for whom the Department of Family and
117	117	Protective Services has been named permanent managing conservator
118	118	regardless of the date the final order appointing the department as
119	119	permanent managing conservator was rendered.
120	120	(b) Sections 263.501, 263.502, and 263.503, Family Code, as
121	121	amended by this Act, apply only to a placement review hearing
122	122	conducted under Chapter 263, Family Code, on or after the effective
123	123	date of this Act. A placement review hearing conducted before the
124	124	effective date of this Act is governed by the law in effect on the
125	125	date the hearing was conducted, and the former law is continued in
126	126	effect for that purpose.
127	127	SECTION 6. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2009.