By: Thompson, Parker H.B. No. 3123
A BILL TO BE ENTITLED
AN ACT
relating to codifying federal foster care funding requirements to
locate and provide information to relatives and other adults
following the removal of a child by the Department of Family and
Protective Services, and court findings regarding those efforts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.115 to read as follows:
Sec. 262.115. DUTY TO INFORM ADULT RELATIVES AND OTHER
PERSONS FOLLOWING REMOVAL OF A CHILD. (a) Except as provided by
Subsection (d), if a child is removed from home, the department
shall within 30 days of the removal exercise due diligence to
identify and provide information to the following persons:
(1) at minimum:
(i) all adult relatives related to the child
within the third degree of consanguinity or affinity as defined by
Chapter 573, Government Code, including the adult relatives of the
alleged father that the department determines is the most likely to
be the biological father; and
(ii) all adult persons identified in a child
placement resources form completed by a parent, a person having
legal custody of the child, an alleged father, or relative;
(2) at the department's discretion, any other adult
relatives or adult persons with a longstanding and significant
relationship with the child that the department has determined to
be a possible appropriate placement for the child.
(b) To identify and locate the persons under Subsection (a),
the department shall seek information from the parent(s), alleged
father, relatives that have been located, and the child, in an
age-appropriate manner. A parent or alleged father's failure to
complete a child placement resources form does not satisfy the
department's duty to seek information from the parent under this
subsection.
(c) The information to persons under this section shall
provide:
(1) that the child has been removed from his or her
home;
(2) an explanation of the various options to
participate in the care and placement of the child and support for
the child's family, including any options that may be lost by
failing to respond; and
(3) the date, time, and location of the status hearing,
if one has been set, inviting the person's participation in the
case. If the status hearing has not been set, the department shall
subsequently provide these persons with the date, time, and
location of the status hearing.
(d) The department is not required to provide information to
a person under Subsection (a)(1) if the person:
(1) has a history of family or domestic violence or a
criminal history that makes participation inappropriate; or
(2) has already received service of citation under
Section 102.009.
(e) Before the status hearing conducted under Subchapter C,
Chapter 263, the department shall file a report with the court
stating the efforts made to locate and provide information to
persons as required by this section and efforts made to locate an
alleged father of the child, regardless of whether that alleged
father has registered with the registry established under
Subchapter E, Chapter 160. The report shall list the names of
persons that have been located and provided information. If a
person under Subsection (a)(1) has not been located or provided
information, the report shall state any reason for not locating or
providing information to that person.
(f) The court shall review the report, inquire into the
department's diligent efforts, and make orders directing the
department to continue efforts to locate certain persons if
appropriate.
SECTION 2. Section 263.103, Family Code, is amended to read
as follows:
Sec. 263.103. SERVICE PLAN: SIGNING AND TAKING EFFECT. (a)
The service plan shall be developed jointly by the parent(s) of the
child and a representative of the department or other agency. If the
parent is not able or willing to participate in the development of
the case plan, it should be so noted in the plan.
(a-1) Before the service plan is signed, the child's parents
and the representative of the department or other agency shall
discuss each term and condition of the plan.
(b) The child's parents and the person preparing the service
plan shall sign the plan, and the department shall give each parent
a copy of the service plan.
(c) If the department or other authorized agency determines
that the child's parents are unable or unwilling to participate in
the development of the service plan or sign the service plan, the
department may file the plan without the parents' signatures.
(d) The plan takes effect when:
(1) the child's parents and the appropriate
representative of the department or other authorized agency sign
the plan; or
(2) the court issues an order giving effect to a plan
filed with the court [department or other authorized agency files
the plan] without the parent(s)' [parents'] signatures.
(e) The service plan is in effect until amended by the court
or by agreement of the parties.
SECTION 3. Sections 263.201(a) and (b), Family Code, are
amended to read as follows:
(a) Not later than the 60th day after the date the court
renders a temporary order appointing the department as temporary
managing conservator of a child, the court shall hold a status
hearing to review the child's status and the service plan developed
for the child.
(b) A status hearing is not required if the court holds an
initial permanency hearing under Section 262.2015 before the date a
status hearing is required by this section and the court makes the
findings required by this subchapter during the permanency hearing.
SECTION 4. Section 263.202, Family Code, is amended to read
as follows:
Sec. 263.202. STATUS HEARING; FINDINGS. (a) If all
parties or persons entitled to service of citation and notice of the
status hearing [under this chapter] were not served, the court
shall make findings as to whether:
(1) the department [or other agency] has exercised due
diligence to locate all necessary persons, including an alleged
father of the child, regardless of whether that alleged father has
registered with the registry established under Subchapter E,
Chapter 160; and
(2) that each [custodial] parent, alleged father, [or]
relative of the child, and child before the court has furnished to
the department all available information necessary to locate
another absent parent, alleged father, or relative of the child
through exercise of due diligence.
(b) The court shall review the report filed by the
department, as provided by Section 262.115, inquire into the
department's diligent efforts, and determine whether the
department has satisfied its duty to locate and provide information
to all adult relatives and other persons, as required by Section
262.115. The court shall order the department to continue making
diligent efforts to locate and provide information to certain
persons, if appropriate.
(c) The court shall require each parent, alleged father, or
relative of the child before the court to submit the child placement
resources form provided under Section 261.307 at the status
hearing, if the form has not previously been submitted.
(d) The court shall review [Except as provided by Subsection
(e), a status hearing shall be limited to matters related to] the
contents and execution of the service plan filed with the court[.
The court shall review the service plan that the department or other
agency filed under this chapter] for reasonableness, accuracy, and
compliance with requirements of court orders. The court shall
[and] make findings as to whether:
(1) a plan that has the goal of returning the child to
the child's parents adequately ensures that reasonable efforts are
made to enable the child's parents to provide a safe environment for
the child; [and]
(2) the plan is reasonably tailored to address
specific issues identified by the department;
(3) the child's parents have reviewed and understand
the service plan; and
(4) the child's parent and representative of the
department or other authorized agency have signed the plan [have
been advised that unless the parents are willing and able to provide
the child with a safe environment, even with the assistance of a
service plan, within the reasonable period of time specified in the
plan, the parents' parental and custodial duties and rights may be
subject to restriction or to termination under this code or the
child may not be returned to the parents.
[(c) The court shall advise the parties that progress under
the service plan will be reviewed at all subsequent hearings,
including a review of whether the parties have acquired or learned
any specific skills or knowledge stated in the service plan.
[(d) If a service plan with respect to a parent has not been
filed with the court, the court shall consider whether to waive the
service plan under Section 262.2015].
(e)
The court shall give the parent or parents an
opportunity to express any concerns relating to the plan.
(f) [(e)] At the status hearing, the court shall make a
finding as to whether the court has identified the individual who
has the right to consent for the child under Section 266.003.
SECTION 5. Subchapter C, Chapter 263, Family Code, is
amended by adding Section 263.203 to read as follows:
Sec. 263.203. STATUS HEARING; ADMONISHMENTS. (a) If any
person eligible for an appointed attorney ad litem under Chapter
107 has not already received an appointed attorney or hired
counsel, the court should advise that person of the right to
court-appointed counsel if the requirements of those sections are
met. The court shall appoint an attorney for any eligible persons.
(b) The court shall inform each parent in open court that
parental and custodial rights and duties may be subject to
restriction or to termination unless the parent or parents are
willing and able to provide the child with a safe environment.
(c) The court shall advise the parties that progress under
the service plan will be reviewed at all subsequent hearings,
including a review of whether the parties have acquired or learned
any specific skills or knowledge stated in the service plan.
SECTION 6. Section 263.104, Family Code, is repealed.
SECTION 7. This Act takes effect September 1, 2011.