| 1 | 1 | | 81R5218 MCK-F |
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| 2 | 2 | | By: Davis, Wendy S.B. No. 984 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the jurisdiction of a court to conduct placement review |
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| 8 | 8 | | hearings for a child in the managing conservatorship of the state |
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| 9 | 9 | | after the child's 18th birthday. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter F, Chapter 263, Family Code, is |
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| 12 | 12 | | amended by adding Section 263.504 to read as follows: |
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| 13 | 13 | | Sec. 263.504. EXTENDED JURISDICTION AFTER CHILD'S 18TH |
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| 14 | 14 | | BIRTHDAY. (a) If the department has been named as a child's |
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| 15 | 15 | | managing conservator and the child remains in substitute care on |
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| 16 | 16 | | the child's 18th birthday or receives services from the department |
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| 17 | 17 | | after the child's 18th birthday, the court may render an order that |
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| 18 | 18 | | continues the court's jurisdiction of the child if: |
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| 19 | 19 | | (1) the court finds that the child is subject to the |
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| 20 | 20 | | court's jurisdiction under a suit affecting the parent-child |
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| 21 | 21 | | relationship filed by the department before the child's 18th |
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| 22 | 22 | | birthday and the child consents to or requests an extension of the |
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| 23 | 23 | | court's jurisdiction after the child's 18th birthday; or |
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| 24 | 24 | | (2) on the court's own motion, the court determines |
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| 25 | 25 | | that the child is substantially unable to provide for the child's |
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| 26 | 26 | | own food, clothing, or shelter because of a mental or physical |
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| 27 | 27 | | disability. |
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| 28 | 28 | | (b) The extended jurisdiction of the court terminates on the |
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| 29 | 29 | | earliest of: |
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| 30 | 30 | | (1) the child's 21st birthday; |
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| 31 | 31 | | (2) the date the child withdraws consent to the |
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| 32 | 32 | | extension of the court's jurisdiction in writing or in court, if the |
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| 33 | 33 | | court extends jurisdiction under Subsection (a)(1); or |
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| 34 | 34 | | (3) the date the court determines that the child is |
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| 35 | 35 | | able to provide for the child's own food, clothing, or shelter, if |
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| 36 | 36 | | the court extends jurisdiction under Subsection (a)(2). |
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| 37 | 37 | | (c) If the court's jurisdiction is extended, the court may |
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| 38 | 38 | | continue to hold periodic review hearings under this section or may |
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| 39 | 39 | | schedule a hearing on request of the child, the child's attorney, or |
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| 40 | 40 | | the child's guardian ad litem or volunteer advocate. |
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| 41 | 41 | | (d) The court may continue the appointment or renew the |
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| 42 | 42 | | appointment of a guardian ad litem, volunteer advocate, or attorney |
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| 43 | 43 | | ad litem for the child on request of the child. |
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| 44 | 44 | | (e) In any review hearing held under this section, the court |
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| 45 | 45 | | shall determine whether: |
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| 46 | 46 | | (1) the child's current placement is necessary, safe, |
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| 47 | 47 | | and appropriate for meeting the child's needs and continues to be |
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| 48 | 48 | | appropriate and in the best interest of the child; |
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| 49 | 49 | | (2) if the child is placed in institutional care, |
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| 50 | 50 | | efforts have been made to ensure placement of the child in the least |
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| 51 | 51 | | restrictive environment consistent with the best interest and |
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| 52 | 52 | | special needs of the child; |
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| 53 | 53 | | (3) the services that are needed to assist the child in |
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| 54 | 54 | | making the transition from substitute care to independent living |
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| 55 | 55 | | are available in the community; |
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| 56 | 56 | | (4) other plans or services are needed to meet the |
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| 57 | 57 | | child's special needs or circumstances; and |
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| 58 | 58 | | (5) the department has: |
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| 59 | 59 | | (A) exercised due diligence in providing the |
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| 60 | 60 | | child with services identified in the service plan; and |
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| 61 | 61 | | (B) made reasonable efforts to develop the |
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| 62 | 62 | | child's service plan after consulting with the child. |
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| 63 | 63 | | SECTION 2. This Act takes effect immediately if it receives |
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| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 67 | 67 | | Act takes effect September 1, 2009. |
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