Texas 2011 - 82nd Regular

Texas House Bill HB3123 Compare Versions

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1	1	By: Thompson, Parker H.B. No. 3123
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to codifying federal foster care funding requirements to
7	7	locate and provide information to relatives and other adults
8	8	following the removal of a child by the Department of Family and
9	9	Protective Services, and court findings regarding those efforts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 262, Family Code, is
12	12	amended by adding Section 262.115 to read as follows:
13	13	Sec. 262.115. DUTY TO INFORM ADULT RELATIVES AND OTHER
14	14	PERSONS FOLLOWING REMOVAL OF A CHILD. (a) Except as provided by
15	15	subsection (d), if a child is removed from home, the department
16	16	shall within 30 days of the removal exercise due diligence to
17	17	identify and provide information to the following persons:
18	18	(1) at minimum:
19	19	(i) all adult relatives related to the child
20	20	within the third degree of consanguinity or affinity as defined by
21	21	Chapter 573, Government Code, including the adult relatives of the
22	22	alleged father that the department determines is the most likely to
23	23	be the biological father; and
24	24	(ii) all adult persons identified in a child
25	25	placement resources form completed by a parent, a person having
26	26	legal custody of the child, an alleged father, or relative.
27	27	(2) at the department's discretion, any other adult
28	28	relatives or adult persons with a longstanding and significant
29	29	relationship with the child that the department has determined to
30	30	be a possible appropriate placement for the child.
31	31	(b) To identify and locate the persons under subsection (a),
32	32	the department shall seek information from the parent(s), alleged
33	33	father, relatives that have been located, and the child, in an
34	34	age-appropriate manner. A parent or alleged father's failure to
35	35	complete a child placement resources form does not satisfy the
36	36	department's duty to seek information from the parent under this
37	37	subsection.
38	38	(c) The information to persons under this section shall
39	39	provide:
40	40	(1) that the child has been removed from his or her
41	41	home;
42	42	(2) an explanation of the various options to
43	43	participate in the care and placement of the child and support for
44	44	the child's family, including any options that may be lost by
45	45	failing to respond; and
46	46	(3) the date, time, and location of the status hearing,
47	47	if one has been set, inviting the person's participation in the
48	48	case. If the status hearing has not been set, the department shall
49	49	subsequently provide these persons with the date, time, and
50	50	location of the status hearing.
51	51	(d) The department is not required to provide information to
52	52	a person under subsection (a)(1) if the person:
53	53	(1) has a history of family or domestic violence or a
54	54	criminal history that makes participation inappropriate; or
55	55	(2) has already received service of citation under
56	56	Section 102.009.
57	57	(e) Before the status hearing conducted under Subchapter C
58	58	of Chapter 263, the department shall file an report with the court
59	59	stating the efforts made to locate and provide information to
60	60	persons as required by this section and efforts made to locate an
61	61	alleged father of the child, regardless of whether that alleged
62	62	father has registered with the registry established under
63	63	Subchapter E, Chapter 160. The report shall list the names of
64	64	persons that have been located and provided information. If a
65	65	person under part (1) of subsection (a) has not been located or
66	66	provided information, the report shall state any reason for not
67	67	locating or providing information to that person.
68	68	(f) The court shall review the report, inquire into the
69	69	department's diligent efforts, and make orders directing the
70	70	department to continue efforts to locate certain persons if
71	71	appropriate.
72	72	SECTION 2. Section 263.103, Family Code, is amended to read
73	73	as follows:
74	74	Sec. 263.103. SERVICE PLAN: SIGNING AND TAKING EFFECT. (a)
75	75	The service plan shall be developed jointly by the parent(s) of the
76	76	child and a representative of the department or other agency. If the
77	77	parent is not able or willing to participate in the development of
78	78	the case plan, it should be so noted in the plan.
79	79	(a-1) Before the service plan is signed, the child's parents
80	80	and the representative of the department or other agency shall
81	81	discuss each term and condition of the plan.
82	82	(b) The child's parents and the person preparing the service
83	83	plan shall sign the plan, and the department shall give each parent
84	84	a copy of the service plan.
85	85	(c) If the department or other authorized agency determines
86	86	that the child's parents are unable or unwilling to participate in
87	87	the development of the service plan or sign the service plan, the
88	88	department may file the plan without the parents' signatures.
89	89	(d) The plan takes effect when:
90	90	(1) the child's parents and the appropriate
91	91	representative of the department or other authorized agency sign
92	92	the plan; or
93	93	(2) the court issues an order giving effect to a plan
94	94	[department or other authorized agency] filed[s the plan] with the
95	95	court without the parent(s)' signatures.
96	96	(e) The service plan is in effect until amended by the court
97	97	or by agreement of the parties.
98	98	SECTION 3. Section 263.201, Family Code, is amended to read
99	99	as follows:
100	100	Sec. 263.201. STATUS HEARING; TIME. (a) Not later than
101	101	the 60th day after the date the court renders a temporary order
102	102	appointing the department as temporary managing conservator of a
103	103	child, the court shall hold a status hearing to review the child's
104	104	status and the service plan developed for the child.
105	105	(b) A status hearing is not required if the court holds an
106	106	initial permanency hearing under Section 262.2015 before the date a
107	107	status hearing is required by this section and the court makes the
108	108	findings required by this subchapter during the permanency hearing.
109	109	SECTION 4. Section 263.202(a), Family Code, is amended to
110	110	read as follows:
111	111	Sec. 263.202. STATUS HEARING; FINDINGS. (a) If all
112	112	parties or persons entitled to service of citation and notice of the
113	113	status hearing [under this chapter] were not served, the court
114	114	shall make findings as to whether:
115	115	(1) the department [or other agency] has exercised due
116	116	diligence to locate all necessary persons, including an alleged
117	117	father of the child, regardless of whether that alleged father has
118	118	registered with the registry established under Subchapter E,
119	119	Chapter 160; and
120	120	(2) that each [custodial] parent, alleged father, [or]
121	121	relative of the child, and child before the court has furnished to
122	122	the department all available information necessary to locate
123	123	another absent parent, alleged father, or relative of the child
124	124	through exercise of due diligence.
125	125	(b) The court shall review the report filed by the
126	126	department, as provided by Section 262.115, inquire into the
127	127	department's diligent efforts, and determine whether the
128	128	department has satisfied its duty to locate and provide information
129	129	to all adult relatives and other persons, as required by Section
130	130	262.115. The court shall order the department to continue making
131	131	diligent efforts to locate and provide information to certain
132	132	persons, if appropriate.
133	133	(c) The court shall require each parent, alleged father, or
134	134	relative of the child before the court to submit the child placement
135	135	resources form provided under Section 261.307 at the status
136	136	hearing, if the form has not previously been submitted.
137	137	(d) [Except as provided by Subsection (e), a status hearing
138	138	shall be limited to matters related to] The court shall review the
139	139	contents and execution of the service plan filed with the court[.
140	140	The court shall review the service plan that the department or other
141	141	agency filed under this chapter] for reasonableness, accuracy, and
142	142	compliance with requirements of court orders. The court shall
143	143	[and] make findings as to whether:
144	144	(1) a plan that has the goal of returning the child to
145	145	the child's parents adequately ensures that reasonable efforts are
146	146	made to enable the child's parents to provide a safe environment for
147	147	the child; [and]
148	148	(2) the plan is reasonably tailored to address
149	149	specific issues identified by the department;
150	150	(3) the child's parents have reviewed and understand
151	151	the service plan; and
152	152	(4) the child's parent and representative of the
153	153	department or other authorized agency have signed the plan. [have
154	154	been advised that unless the parents are willing and able to provide
155	155	the child with a safe environment, even with the assistance of a
156	156	service plan, within the reasonable period of time specified in the
157	157	plan, the parents' parental and custodial duties and rights may be
158	158	subject to restriction or to termination under this code or the
159	159	child may not be returned to the parents.]
160	160	(c) The court shall advise the parties that progress under
161	161	the service plan will be reviewed at all subsequent hearings,
162	162	including a review of whether the parties have acquired or learned
163	163	any specific skills or knowledge stated in the service plan.
164	164	(d) If a service plan with respect to a parent has not been
165	165	filed with the court, the court shall consider whether to waive the
166	166	service plan under Section 262.2015.
167	167	(e) The court shall give the parent or parents an opportunity
168	168	to express any concerns relating to the plan.
169	169	(ef) At the status hearing, the court shall make a finding
170	170	as to whether the court has identified the individual who has the
171	171	right to consent for the child under Section 266.003.
172	172	SECTION 5. Subchapter C, Chapter 263, Family Code is
173	173	amended by adding Section 263.203 to read as follows:
174	174	Sec. 263.203. STATUS HEARING; ADMONISHMENTS. (a) If any
175	175	person eligible for an appointed attorney ad litem under Chapter
176	176	107 has not already received an appointed attorney or hired
177	177	counsel, the court should advise that person of the right to court
178	178	appointed counsel if the requirements of those sections are met.
179	179	The court shall appoint an attorney for any eligible persons.
180	180	(b) The court shall inform each parent in open court that
181	181	parental and custodial rights and duties may be subject to
182	182	restriction or to termination unless the parent or parents are
183	183	willing and able to provide the child with a safe environment.
184	184	(c) The court shall advise the parties that progress under
185	185	the service plan will be reviewed at all subsequent hearings,
186	186	including a review of whether the parties have acquired or learned
187	187	any specific skills or knowledge stated in the service plan.
188	188	SECTION 6. Section 263.104, Family Code, is repealed.
189	189	SECTION 7. This Act takes effect September 1, 2011.