81R15381 UM-F
By: Naishtat H.B. No. 884
Substitute the following for H.B. No. 884:
By: Rose C.S.H.B. No. 884
A BILL TO BE ENTITLED
AN ACT
relating to the permanent placement of certain foster children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.404, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) If the court renders a final order under this section,
the department shall continue to make an effort to identify a more
permanent placement for the child, including appointing a relative
or other suitable individual as permanent managing conservator,
returning the child to a parent, or another planned, permanent
living arrangement.
SECTION 2. Section 263.501(a), Family Code, is amended to
read as follows:
(a) If the department has been named as a child's managing
conservator in a final order that does not include termination of
parental rights, the court shall conduct a placement review hearing
at least once every six months until an appropriate individual is
appointed permanent managing conservator of the child, the child is
returned to a parent and the case is dismissed, or the child becomes
an adult.
SECTION 3. Section 263.502(c), Family Code, is amended to
read as follows:
(c) The placement review report must:
(1) evaluate whether the child's current placement is
appropriate for meeting the child's needs;
(2) evaluate whether 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 if
the child is placed in institutional care;
(3) contain a discharge plan for a child who is at
least 16 years of age that identifies the services and specific
tasks that are needed to assist the child in making the transition
from substitute care to adult living and describes the services
that are available through the Preparation for Adult Living Program
operated by the department;
(4) evaluate whether the child's current educational
placement is appropriate for meeting the child's academic needs;
(5) identify other plans or services that are needed
to meet the child's special needs or circumstances; [and]
(6) describe the efforts of the department or
authorized agency to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption, including efforts to provide adoption promotion and
support services as defined by 42 U.S.C. Section 629a and other
efforts consistent with the federal Adoption and Safe Families Act
of 1997 (Pub. L. No. 105-89); and
(7) for a child for whom the department has been named
managing conservator in a final order that does not include
termination of parental rights, describe the efforts of the
department to find a permanent placement for the child, including
efforts to:
(A) work with the caregiver with whom the child
is placed to determine whether that caregiver is willing to become a
permanent placement for the child;
(B) locate a relative or other suitable
individual to serve as permanent managing conservator of the child;
and
(C) evaluate any change in a parent's
circumstances to determine whether:
(i) the child can be returned to the parent;
or
(ii) parental rights should be terminated.
SECTION 4. Section 263.503, Family Code, is amended to read
as follows:
Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. (a)
At each placement review hearing, the court shall determine
whether:
(1) the child's current placement is necessary, safe,
and appropriate for meeting the child's needs, including with
respect to a child placed outside of the state, whether the
placement continues to be appropriate and in the best interest of
the child;
(2) 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 if the child is placed in
institutional care;
(3) the services that are needed to assist a child who
is at least 16 years of age 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;
(5) the department or authorized agency has exercised
due diligence in attempting to place the child for adoption if
parental rights to the child have been terminated and the child is
eligible for adoption; [and]
(6) the department or authorized agency has made
reasonable efforts to finalize the permanency plan that is in
effect for the child; and
(7) for a child for whom the department has been
appointed permanent managing conservator in a final order that does
not include termination of parental rights, a permanent placement,
including appointing a relative as permanent managing conservator
or returning the child to a parent, is appropriate for the child.
(b) For a child for whom the department has been appointed
permanent managing conservator in a final order that does not
include termination of parental rights, the court may order the
department to continue to provide services to a parent for a period
not to exceed six months from the day of the placement review
hearing if:
(1) the child has not been placed with a relative or
other individual, including a foster parent, who is seeking
permanent managing conservatorship of the child; and
(2) the court determines that further efforts at
reunification with a parent:
(A) are in the best interest of the child; and
(B) are likely to result in the child's safe
return to the child's parent.
SECTION 5. (a) Section 263.404(c), Family Code, as added by
this Act, applies to a child for whom the Department of Family and
Protective Services has been named permanent managing conservator
regardless of the date the final order appointing the department as
permanent managing conservator was rendered.
(b) Sections 263.501, 263.502, and 263.503, Family Code, as
amended by this Act, apply only to a placement review hearing
conducted under Chapter 263, Family Code, on or after the effective
date of this Act. A placement review hearing conducted before the
effective date of this Act is governed by the law in effect on the
date the hearing was conducted, and the former law is continued in
effect for that purpose.
SECTION 6. 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.