Texas 2009 - 81st Regular

Texas Senate Bill SB493 Compare Versions

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1	1	81R32168 MCK-D
2	2	By: Nelson, et al. S.B. No. 493
3	3	Substitute the following for S.B. No. 493:
4	4	By: Rose C.S.S.B. No. 493
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to benefits and services for children in the
10	10	conservatorship of the Department of Family and Protective
11	11	Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 54.211, Education Code, is amended to
14	14	read as follows:
15	15	Sec. 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
16	16	RESIDENTIAL CARE. (a) A student is exempt from the payment of
17	17	tuition and fees authorized in this chapter if the student:
18	18	(1) was in [foster care or other residential care
19	19	under] the conservatorship of the Department of Family and
20	20	Protective Services [on or after]:
21	21	(A) on the day preceding the student's 18th
22	22	birthday;
23	23	(B) on or after the day of the student's 14th
24	24	birthday, if the student was also eligible for adoption on or after
25	25	that day; [or]
26	26	(C) on the day the student graduated from high
27	27	school or received the equivalent of a high school diploma; or
28	28	(D) on the day preceding:
29	29	(i) the date the student is adopted, if that
30	30	date is on or after September 1, 2009; or
31	31	(ii) the date permanent managing
32	32	conservatorship of the student is awarded to a person other than the
33	33	student's parent, if that date is on or after September 1, 2009; and
34	34	(2) enrolls in an institution of higher education as
35	35	an undergraduate student not later than [:
36	36	[(A) the third anniversary of the date the
37	37	student was discharged from the foster or other residential care,
38	38	the date the student graduated from high school, or the date the
39	39	student received the equivalent of a high school diploma, whichever
40	40	date is earliest; or
41	41	[(B)] the student's 25th [21st] birthday.
42	42	(b) The Texas Education Agency and the Texas Higher
43	43	Education Coordinating Board shall develop outreach programs to
44	44	ensure that students in the conservatorship of the Department of
45	45	Family and Protective Services and [foster or other residential
46	46	care] in grades 9-12 are aware of the availability of the exemption
47	47	from the payment of tuition and fees provided by this section.
48	48	SECTION 2. Subsection (b), Section 261.312, Family Code, is
49	49	amended to read as follows:
50	50	(b) A review team consists of at least five members who
51	51	serve staggered two-year terms. Review team members are appointed
52	52	by the director of the department and consist of volunteers who live
53	53	in and are broadly representative of the region in which the review
54	54	team is established and have expertise in the prevention and
55	55	treatment of child abuse and neglect. At least two members of a
56	56	review team [community representatives and private citizens who
57	57	live in the region for which the team is established. Each member]
58	58	must be parents [a parent] who have [has] not been convicted of or
59	59	indicted for an offense involving child abuse or neglect, have
60	60	[has] not been determined by the department to have engaged in child
61	61	abuse or neglect, and are [or is] not under investigation by the
62	62	department for child abuse or neglect. A member of a review team is
63	63	a department volunteer for the purposes of Section 411.114,
64	64	Government Code.
65	65	SECTION 3. Section 263.3025, Family Code, is amended by
66	66	adding Subsection (d) to read as follows:
67	67	(d) In accordance with department rules, a child's
68	68	permanency plan must include concurrent permanency goals
69	69	consisting of a primary permanency goal and at least one alternate
70	70	permanency goal.
71	71	SECTION 4. Subchapter D, Chapter 263, Family Code, is
72	72	amended by adding Section 263.3026 to read as follows:
73	73	Sec. 263.3026. PERMANENCY GOALS; LIMITATION. (a) The
74	74	department's permanency plan for a child may include as a goal:
75	75	(1) the reunification of the child with a parent or
76	76	other individual from whom the child was removed;
77	77	(2) the termination of parental rights and adoption of
78	78	the child by a relative or other suitable individual;
79	79	(3) the award of permanent managing conservatorship of
80	80	the child to a relative or other suitable individual; or
81	81	(4) another planned, permanent living arrangement for
82	82	the child.
83	83	(b) If the goal of the department's permanency plan for a
84	84	child is to find another planned, permanent living arrangement for
85	85	the child, the department shall document that there is a compelling
86	86	reason why the other permanency goals identified in Subsection (a)
87	87	are not in the child's best interest.
88	88	SECTION 5. Subsection (b), Section 263.303, Family Code, is
89	89	amended to read as follows:
90	90	(b) The permanency progress report must:
91	91	(1) recommend that the suit be dismissed; or
92	92	(2) recommend that the suit continue, and:
93	93	(A) identify the date for dismissal of the suit
94	94	under this chapter;
95	95	(B) provide:
96	96	(i) the name of any person entitled to
97	97	notice under Chapter 102 who has not been served;
98	98	(ii) a description of the efforts by the
99	99	department or another agency to locate and request service of
100	100	citation; and
101	101	(iii) a description of each parent's
102	102	assistance in providing information necessary to locate an unserved
103	103	party;
104	104	(C) evaluate the parties' compliance with
105	105	temporary orders and with the service plan;
106	106	(D) evaluate whether the child's placement in
107	107	substitute care meets the child's needs and recommend other plans
108	108	or services to meet the child's special needs or circumstances;
109	109	(E) describe the permanency plan for the child
110	110	and recommend actions necessary to ensure that a final order
111	111	consistent with that permanency plan, including the concurrent
112	112	permanency goals contained in that plan, is rendered before the
113	113	date for dismissal of the suit under this chapter; and
114	114	(F) with respect to a child 16 years of age or
115	115	older, identify the services needed to assist the child in the
116	116	transition to adult life.
117	117	SECTION 6. Subsection (b), Section 263.306, Family Code, is
118	118	amended to read as follows:
119	119	(b) The court shall also review the service plan, permanency
120	120	report, and other information submitted at the hearing to:
121	121	(1) determine:
122	122	(A) the safety of the child;
123	123	(B) the continuing necessity and appropriateness
124	124	of the placement;
125	125	(C) the extent of compliance with the case plan;
126	126	[and]
127	127	(D) the extent of progress that has been made
128	128	toward alleviating or mitigating the causes necessitating the
129	129	placement of the child in foster care; and
130	130	(E) whether the department has made reasonable
131	131	efforts to finalize the permanency plan that is in effect for the
132	132	child, including the concurrent permanency goals for the child; and
133	133	(2) project a likely date by which the child may be
134	134	returned to and safely maintained in the child's home, placed for
135	135	adoption, or placed in permanent managing conservatorship.
136	136	SECTION 7. Subsection (b), Section 263.501, Family Code, is
137	137	amended to read as follows:
138	138	(b) If the department has been named as a child's managing
139	139	conservator in a final order that terminates a parent's parental
140	140	rights, the court shall conduct a placement review hearing not
141	141	later than the 90th day after the date the court renders the final
142	142	order. The court shall conduct additional [a] placement review
143	143	hearings [hearing] at least once every six months until the date the
144	144	child is adopted or the child becomes an adult.
145	145	SECTION 8. Section 263.502, Family Code, is amended by
146	146	amending Subsection (c) and adding Subsection (d) to read as
147	147	follows:
148	148	(c) The placement review report must identify the
149	149	department's permanency goal for the child and must:
150	150	(1) evaluate whether the child's current placement is
151	151	appropriate for meeting the child's needs;
152	152	(2) evaluate whether efforts have been made to ensure
153	153	placement of the child in the least restrictive environment
154	154	consistent with the best interest and special needs of the child if
155	155	the child is placed in institutional care;
156	156	(3) contain a transition [discharge] plan for a child
157	157	who is at least 16 years of age that identifies the services and
158	158	specific tasks that are needed to assist the child in making the
159	159	transition from substitute care to adult living and describes the
160	160	services that are being provided [available] through the
161	161	Transitional Living Services [Preparation for Adult Living]
162	162	Program operated by the department;
163	163	(4) evaluate whether the child's current educational
164	164	placement is appropriate for meeting the child's academic needs;
165	165	(5) identify other plans or services that are needed
166	166	to meet the child's special needs or circumstances; [and]
167	167	(6) describe the efforts of the department or
168	168	authorized agency to place the child for adoption if parental
169	169	rights to the child have been terminated and the child is eligible
170	170	for adoption, including efforts to provide adoption promotion and
171	171	support services as defined by 42 U.S.C. Section 629a and other
172	172	efforts consistent with the federal Adoption and Safe Families Act
173	173	of 1997 (Pub. L. No. 105-89); and
174	174	(7) for a child for whom the department has been named
175	175	managing conservator in a final order that does not include
176	176	termination of parental rights, describe the efforts of the
177	177	department to find a permanent placement for the child, including
178	178	efforts to:
179	179	(A) work with the caregiver with whom the child
180	180	is placed to determine whether that caregiver is willing to become a
181	181	permanent placement for the child;
182	182	(B) locate a relative or other suitable
183	183	individual to serve as permanent managing conservator of the child;
184	184	and
185	185	(C) evaluate any change in a parent's
186	186	circumstances to determine whether:
187	187	(i) the child can be returned to the parent;
188	188	or
189	189	(ii) parental rights should be terminated.
190	190	(d) If the goal of the department's permanency plan for a
191	191	child is to find another planned, permanent living arrangement, the
192	192	placement review report must document a compelling reason why
193	193	adoption, permanent managing conservatorship with a relative or
194	194	other suitable individual, or returning the child to a parent are
195	195	not in the child's best interest.
196	196	SECTION 9. Section 263.503, Family Code, is amended to read
197	197	as follows:
198	198	Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE.
199	199	(a) At each placement review hearing, the court shall determine
200	200	whether:
201	201	(1) the child's current placement is necessary, safe,
202	202	and appropriate for meeting the child's needs, including with
203	203	respect to a child placed outside of the state, whether the
204	204	placement continues to be appropriate and in the best interest of
205	205	the child;
206	206	(2) efforts have been made to ensure placement of the
207	207	child in the least restrictive environment consistent with the best
208	208	interest and special needs of the child if the child is placed in
209	209	institutional care;
210	210	(3) the services that are needed to assist a child who
211	211	is at least 16 years of age in making the transition from substitute
212	212	care to independent living are available in the community;
213	213	(4) other plans or services are needed to meet the
214	214	child's special needs or circumstances;
215	215	(5) the department or authorized agency has exercised
216	216	due diligence in attempting to place the child for adoption if
217	217	parental rights to the child have been terminated and the child is
218	218	eligible for adoption; [and]
219	219	(6) for a child for whom the department has been named
220	220	managing conservator in a final order that does not include
221	221	termination of parental rights, a permanent placement, including
222	222	appointing a relative as permanent managing conservator or
223	223	returning the child to a parent, is appropriate for the child;
224	224	(7) for a child whose permanency goal is another
225	225	planned, permanent living arrangement, the department has:
226	226	(A) documented a compelling reason why adoption,
227	227	permanent managing conservatorship with a relative or other
228	228	suitable individual, or returning the child to a parent is not in
229	229	the child's best interest; and
230	230	(B) identified a family or other caring adult who
231	231	has made a permanent commitment to the child; and
232	232	(8) the department or authorized agency has made
233	233	reasonable efforts to finalize the permanency plan that is in
234	234	effect for the child.
235	235	(b) For a child for whom the department has been named
236	236	managing conservator in a final order that does not include
237	237	termination of parental rights, the court may order the department
238	238	to provide services to a parent for not more than six months after
239	239	the date of the placement review hearing if:
240	240	(1) the child has not been placed with a relative or
241	241	other individual, including a foster parent, who is seeking
242	242	permanent managing conservatorship of the child; and
243	243	(2) the court determines that further efforts at
244	244	reunification with a parent are:
245	245	(A) in the best interest of the child; and
246	246	(B) likely to result in the child's safe return
247	247	to the child's parent.
248	248	SECTION 10. (a) The changes in law made by this Act to
249	249	Section 54.211, Education Code, apply beginning with tuition and
250	250	fees imposed by a public institution of higher education for the
251	251	2009 fall semester. Tuition and fees for a term or semester before
252	252	the 2009 fall semester are covered by the law in effect immediately
253	253	before the effective date of this Act, and the former law is
254	254	continued in effect for that purpose.
255	255	(b) The change in law made by this Act to Subsection (b),
256	256	Section 263.501, Family Code, applies only to a child in the
257	257	conservatorship of the Department of Family and Protective Services
258	258	for whom a final order in a suit affecting the parent-child
259	259	relationship is rendered on or after the effective date of this Act.
260	260	A child in the conservatorship of the Department of Family and
261	261	Protective Services for whom a final order in a suit affecting the
262	262	parent-child relationship is rendered before the effective date of
263	263	this Act is governed by the law in effect on the date the final order
264	264	was rendered, and the former law is continued in effect for that
265	265	purpose.
266	266	SECTION 11. (a) Except as provided by Subsection (b) of
267	267	this section, this Act takes effect September 1, 2009.
268	268	(b) This section and the section of this Act that amends
269	269	Section 54.211, Education Code, take effect immediately if this Act
270	270	receives a vote of two-thirds of all the members elected to each
271	271	house, as provided by Section 39, Article III, Texas Constitution.
272	272	If this Act does not receive the vote necessary for immediate
273	273	effect, those sections take effect September 1, 2009.