Texas 2009 - 81st Regular

Texas Senate Bill SB939 Compare Versions

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1	1	S.B. No. 939
2	2
3	3
4	4	AN ACT
5	5	relating to benefits and services for children in the
6	6	conservatorship of the Department of Family and Protective
7	7	Services, including the exchange of information by the department
8	8	regarding students in foster care.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 7, Education Code, is
11	11	amended by adding Section 7.029 to read as follows:
12	12	Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE
13	13	OF INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the
14	14	Department of Family and Protective Services shall enter into a
15	15	memorandum of understanding regarding the exchange of information
16	16	as appropriate to facilitate the department's evaluation of
17	17	educational outcomes of students in foster care. The memorandum of
18	18	understanding must require:
19	19	(1) the department to provide the agency each year
20	20	with demographic information regarding individual students who
21	21	during the preceding school year were in the conservatorship of the
22	22	department following an adversarial hearing under Section 262.201,
23	23	Family Code; and
24	24	(2) the agency, in a manner consistent with federal
25	25	law, to provide the department with aggregate information regarding
26	26	educational outcomes of students for whom the agency received
27	27	demographic information under Subdivision (1).
28	28	(b) For purposes of Subsection (a)(2), information
29	29	regarding educational outcomes includes information relating to
30	30	student academic achievement, graduation rates, school attendance,
31	31	disciplinary actions, and receipt of special education services.
32	32	(c) The department may authorize the agency to provide
33	33	education research centers established under Section 1.005 with
34	34	demographic information regarding individual students received by
35	35	the agency in accordance with Subsection (a)(1), as appropriate to
36	36	allow the centers to perform additional analysis regarding
37	37	educational outcomes of students in foster care. Any use of
38	38	information regarding individual students provided to a center
39	39	under this subsection must be approved by the department.
40	40	(d) Nothing in this section may be construed to:
41	41	(1) require the agency or the department to collect or
42	42	maintain additional information regarding students in foster care;
43	43	or
44	44	(2) allow the release of information regarding an
45	45	individual student in a manner not permitted under the Family
46	46	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
47	47	1232g) or another state or federal law.
48	48	SECTION 2. Section 54.211, Education Code, is amended to
49	49	read as follows:
50	50	Sec. 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
51	51	RESIDENTIAL CARE. (a) A student is exempt from the payment of
52	52	tuition and fees authorized in this chapter if the student:
53	53	(1) was in [foster care or other residential care
54	54	under] the conservatorship of the Department of Family and
55	55	Protective Services [on or after]:
56	56	(A) on the day preceding the student's 18th
57	57	birthday;
58	58	(B) on or after the day of the student's 14th
59	59	birthday, if the student was also eligible for adoption on or after
60	60	that day; [or]
61	61	(C) on the day the student graduated from high
62	62	school or received the equivalent of a high school diploma; or
63	63	(D) on the day preceding:
64	64	(i) the date the student is adopted, if that
65	65	date is on or after September 1, 2009; or
66	66	(ii) the date permanent managing
67	67	conservatorship of the student is awarded to a person other than the
68	68	student's parent, if that date is on or after September 1, 2009; and
69	69	(2) enrolls in an institution of higher education as
70	70	an undergraduate student not later than[:
71	71	[(A) the third anniversary of the date the
72	72	student was discharged from the foster or other residential care,
73	73	the date the student graduated from high school, or the date the
74	74	student received the equivalent of a high school diploma, whichever
75	75	date is earliest; or
76	76	[(B)] the student's 25th [21st] birthday.
77	77	(b) The Texas Education Agency and the Texas Higher
78	78	Education Coordinating Board shall develop outreach programs to
79	79	ensure that students in the conservatorship of the Department of
80	80	Family and Protective Services and [foster or other residential
81	81	care] in grades 9-12 are aware of the availability of the exemption
82	82	from the payment of tuition and fees provided by this section.
83	83	SECTION 3. Subsection (b), Section 261.312, Family Code, is
84	84	amended to read as follows:
85	85	(b) A review team consists of at least five members who
86	86	serve staggered two-year terms. Review team members are appointed
87	87	by the director of the department and consist of volunteers who live
88	88	in and are broadly representative of the region in which the review
89	89	team is established and have expertise in the prevention and
90	90	treatment of child abuse and neglect. At least two members of a
91	91	review team [community representatives and private citizens who
92	92	live in the region for which the team is established. Each member]
93	93	must be parents [a parent] who have [has] not been convicted of or
94	94	indicted for an offense involving child abuse or neglect, have
95	95	[has] not been determined by the department to have engaged in child
96	96	abuse or neglect, and are [or is] not under investigation by the
97	97	department for child abuse or neglect. A member of a review team is
98	98	a department volunteer for the purposes of Section 411.114,
99	99	Government Code.
100	100	SECTION 4. Section 263.3025, Family Code, is amended by
101	101	adding Subsection (d) to read as follows:
102	102	(d) In accordance with department rules, a child's
103	103	permanency plan must include concurrent permanency goals
104	104	consisting of a primary permanency goal and at least one alternate
105	105	permanency goal.
106	106	SECTION 5. Subchapter D, Chapter 263, Family Code, is
107	107	amended by adding Section 263.3026 to read as follows:
108	108	Sec. 263.3026. PERMANENCY GOALS; LIMITATION. (a) The
109	109	department's permanency plan for a child may include as a goal:
110	110	(1) the reunification of the child with a parent or
111	111	other individual from whom the child was removed;
112	112	(2) the termination of parental rights and adoption of
113	113	the child by a relative or other suitable individual;
114	114	(3) the award of permanent managing conservatorship of
115	115	the child to a relative or other suitable individual; or
116	116	(4) another planned, permanent living arrangement for
117	117	the child.
118	118	(b) If the goal of the department's permanency plan for a
119	119	child is to find another planned, permanent living arrangement for
120	120	the child, the department shall document that there is a compelling
121	121	reason why the other permanency goals identified in Subsection (a)
122	122	are not in the child's best interest.
123	123	SECTION 6. Subsection (b), Section 263.303, Family Code, is
124	124	amended to read as follows:
125	125	(b) The permanency progress report must:
126	126	(1) recommend that the suit be dismissed; or
127	127	(2) recommend that the suit continue, and:
128	128	(A) identify the date for dismissal of the suit
129	129	under this chapter;
130	130	(B) provide:
131	131	(i) the name of any person entitled to
132	132	notice under Chapter 102 who has not been served;
133	133	(ii) a description of the efforts by the
134	134	department or another agency to locate and request service of
135	135	citation; and
136	136	(iii) a description of each parent's
137	137	assistance in providing information necessary to locate an unserved
138	138	party;
139	139	(C) evaluate the parties' compliance with
140	140	temporary orders and with the service plan;
141	141	(D) evaluate whether the child's placement in
142	142	substitute care meets the child's needs and recommend other plans
143	143	or services to meet the child's special needs or circumstances;
144	144	(E) describe the permanency plan for the child
145	145	and recommend actions necessary to ensure that a final order
146	146	consistent with that permanency plan, including the concurrent
147	147	permanency goals contained in that plan, is rendered before the
148	148	date for dismissal of the suit under this chapter; and
149	149	(F) with respect to a child 16 years of age or
150	150	older, identify the services needed to assist the child in the
151	151	transition to adult life.
152	152	SECTION 7. Subsection (b), Section 263.306, Family Code, is
153	153	amended to read as follows:
154	154	(b) The court shall also review the service plan, permanency
155	155	report, and other information submitted at the hearing to:
156	156	(1) determine:
157	157	(A) the safety of the child;
158	158	(B) the continuing necessity and appropriateness
159	159	of the placement;
160	160	(C) the extent of compliance with the case plan;
161	161	[and]
162	162	(D) the extent of progress that has been made
163	163	toward alleviating or mitigating the causes necessitating the
164	164	placement of the child in foster care; and
165	165	(E) whether the department has made reasonable
166	166	efforts to finalize the permanency plan that is in effect for the
167	167	child, including the concurrent permanency goals for the child; and
168	168	(2) project a likely date by which the child may be
169	169	returned to and safely maintained in the child's home, placed for
170	170	adoption, or placed in permanent managing conservatorship.
171	171	SECTION 8. Subsection (b), Section 263.501, Family Code, is
172	172	amended to read as follows:
173	173	(b) If the department has been named as a child's managing
174	174	conservator in a final order that terminates a parent's parental
175	175	rights, the court shall conduct a placement review hearing not
176	176	later than the 90th day after the date the court renders the final
177	177	order. The court shall conduct additional [a] placement review
178	178	hearings [hearing] at least once every six months until the date the
179	179	child is adopted or the child becomes an adult.
180	180	SECTION 9. Section 263.502, Family Code, is amended by
181	181	amending Subsection (c) and adding Subsection (d) to read as
182	182	follows:
183	183	(c) The placement review report must identify the
184	184	department's permanency goal for the child and must:
185	185	(1) evaluate whether the child's current placement is
186	186	appropriate for meeting the child's needs;
187	187	(2) evaluate whether efforts have been made to ensure
188	188	placement of the child in the least restrictive environment
189	189	consistent with the best interest and special needs of the child if
190	190	the child is placed in institutional care;
191	191	(3) contain a transition [discharge] plan for a child
192	192	who is at least 16 years of age that identifies the services and
193	193	specific tasks that are needed to assist the child in making the
194	194	transition from substitute care to adult living and describes the
195	195	services that are being provided [available] through the
196	196	Transitional Living Services [Preparation for Adult Living]
197	197	Program operated by the department;
198	198	(4) evaluate whether the child's current educational
199	199	placement is appropriate for meeting the child's academic needs;
200	200	(5) identify other plans or services that are needed
201	201	to meet the child's special needs or circumstances; [and]
202	202	(6) describe the efforts of the department or
203	203	authorized agency to place the child for adoption if parental
204	204	rights to the child have been terminated and the child is eligible
205	205	for adoption, including efforts to provide adoption promotion and
206	206	support services as defined by 42 U.S.C. Section 629a and other
207	207	efforts consistent with the federal Adoption and Safe Families Act
208	208	of 1997 (Pub. L. No. 105-89); and
209	209	(7) for a child for whom the department has been named
210	210	managing conservator in a final order that does not include
211	211	termination of parental rights, describe the efforts of the
212	212	department to find a permanent placement for the child, including
213	213	efforts to:
214	214	(A) work with the caregiver with whom the child
215	215	is placed to determine whether that caregiver is willing to become a
216	216	permanent placement for the child;
217	217	(B) locate a relative or other suitable
218	218	individual to serve as permanent managing conservator of the child;
219	219	and
220	220	(C) evaluate any change in a parent's
221	221	circumstances to determine whether:
222	222	(i) the child can be returned to the parent;
223	223	or
224	224	(ii) parental rights should be terminated.
225	225	(d) If the goal of the department's permanency plan for a
226	226	child is to find another planned, permanent living arrangement, the
227	227	placement review report must document a compelling reason why
228	228	adoption, permanent managing conservatorship with a relative or
229	229	other suitable individual, or returning the child to a parent are
230	230	not in the child's best interest.
231	231	SECTION 10. Section 263.503, Family Code, is amended to
232	232	read as follows:
233	233	Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. (a)
234	234	At each placement review hearing, the court shall determine
235	235	whether:
236	236	(1) the child's current placement is necessary, safe,
237	237	and appropriate for meeting the child's needs, including with
238	238	respect to a child placed outside of the state, whether the
239	239	placement continues to be appropriate and in the best interest of
240	240	the child;
241	241	(2) efforts have been made to ensure placement of the
242	242	child in the least restrictive environment consistent with the best
243	243	interest and special needs of the child if the child is placed in
244	244	institutional care;
245	245	(3) the services that are needed to assist a child who
246	246	is at least 16 years of age in making the transition from substitute
247	247	care to independent living are available in the community;
248	248	(4) other plans or services are needed to meet the
249	249	child's special needs or circumstances;
250	250	(5) the department or authorized agency has exercised
251	251	due diligence in attempting to place the child for adoption if
252	252	parental rights to the child have been terminated and the child is
253	253	eligible for adoption; [and]
254	254	(6) for a child for whom the department has been named
255	255	managing conservator in a final order that does not include
256	256	termination of parental rights, a permanent placement, including
257	257	appointing a relative as permanent managing conservator or
258	258	returning the child to a parent, is appropriate for the child;
259	259	(7) for a child whose permanency goal is another
260	260	planned, permanent living arrangement, the department has:
261	261	(A) documented a compelling reason why adoption,
262	262	permanent managing conservatorship with a relative or other
263	263	suitable individual, or returning the child to a parent is not in
264	264	the child's best interest; and
265	265	(B) identified a family or other caring adult who
266	266	has made a permanent commitment to the child; and
267	267	(8) the department or authorized agency has made
268	268	reasonable efforts to finalize the permanency plan that is in
269	269	effect for the child.
270	270	(b) For a child for whom the department has been named
271	271	managing conservator in a final order that does not include
272	272	termination of parental rights, the court may order the department
273	273	to provide services to a parent for not more than six months after
274	274	the date of the placement review hearing if:
275	275	(1) the child has not been placed with a relative or
276	276	other individual, including a foster parent, who is seeking
277	277	permanent managing conservatorship of the child; and
278	278	(2) the court determines that further efforts at
279	279	reunification with a parent are:
280	280	(A) in the best interest of the child; and
281	281	(B) likely to result in the child's safe return
282	282	to the child's parent.
283	283	SECTION 11. The Texas Education Agency and the Department
284	284	of Family and Protective Services shall enter into the memorandum
285	285	of understanding required by Section 7.029, Education Code, as
286	286	added by this Act, not later than January 1, 2010.
287	287	SECTION 12. (a) The changes in law made by this Act to
288	288	Section 54.211, Education Code, apply beginning with tuition and
289	289	fees imposed by a public institution of higher education for the
290	290	2009 fall semester. Tuition and fees for a term or semester before
291	291	the 2009 fall semester are covered by the law in effect immediately
292	292	before the effective date of this Act, and the former law is
293	293	continued in effect for that purpose.
294	294	(b) The change in law made by this Act to Subsection (b),
295	295	Section 263.501, Family Code, applies only to a child in the
296	296	conservatorship of the Department of Family and Protective Services
297	297	for whom a final order in a suit affecting the parent-child
298	298	relationship is rendered on or after the effective date of this Act.
299	299	A child in the conservatorship of the Department of Family and
300	300	Protective Services for whom a final order in a suit affecting the
301	301	parent-child relationship is rendered before the effective date of
302	302	this Act is governed by the law in effect on the date the final order
303	303	was rendered, and the former law is continued in effect for that
304	304	purpose.
305	305	SECTION 13. Notwithstanding any other provision of this Act
306	306	providing an effective date of this Act, this section and the
307	307	section of this Act that amends Section 54.211, Education Code,
308	308	take effect immediately if this Act receives a vote of two-thirds of
309	309	all the members elected to each house, as provided by Section 39,
310	310	Article III, Texas Constitution. If this Act does not receive the
311	311	vote necessary for immediate effect, those sections take effect
312	312	September 1, 2009.
313	313	SECTION 14. This Act takes effect immediately if it
314	314	receives a vote of two-thirds of all the members elected to each
315	315	house, as provided by Section 39, Article III, Texas Constitution.
316	316	If this Act does not receive the vote necessary for immediate
317	317	effect, this Act takes effect September 1, 2009.
318	318	______________________________ ______________________________
319	319	President of the Senate Speaker of the House
320	320	I hereby certify that S.B. No. 939 passed the Senate on
321	321	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
322	322	the Senate concurred in House amendment on May 30, 2009, by the
323	323	following vote: Yeas 31, Nays 0.
324	324	______________________________
325	325	Secretary of the Senate
326	326	I hereby certify that S.B. No. 939 passed the House, with
327	327	amendment, on May 27, 2009, by the following vote: Yeas 148,
328	328	Nays 0, one present not voting.
329	329	______________________________
330	330	Chief Clerk of the House
331	331	Approved:
332	332	______________________________
333	333	Date
334	334	______________________________
335	335	Governor