By: Uresti S.B. No. 1643
(In the Senate - Filed March 11, 2011; March 23, 2011, read
first time and referred to Committee on Jurisprudence; May 5, 2011,
reported favorably by the following vote: Yeas 7, Nays 0;
May 5, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to mandatory dismissal deadlines and extended
jurisdiction in suits affecting the parent-child relationship to
which the Department of Family and Protective Services is a party.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 201.2041, Family Code,
is amended to read as follows:
(b) Regardless of whether a de novo hearing is requested
before the referring court, [a proposed order or judgment rendered
by an associate judge that meets the requirements of Section
263.401(d) is considered a final order] for purposes of Section
263.401, the suit is not required to be dismissed if the associate
judge commences the trial on the merits prior to the applicable
deadline for dismissal.
SECTION 2. Section 263.401, Family Code, is amended by
adding Subsection (b-1) and amending Subsection (c) to read as
follows:
(b-1) If, after commencement of the initial trial on the
merits in the time described by Subsection (a) or (b), the court
grants a motion for new trial or a mistrial, the court may retain
the suit on the court's docket. If the court retains the suit on the
court's docket, the court shall render an order in which the court:
(1) schedules a new date, not later than the 180th day
after the date the motion for new trial or mistrial is granted, on
which the suit will be dismissed if the new trial has not commenced;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits to commence on a date
not later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
a new trial or mistrial under Subsection (b-1) but does not commence
the trial on the merits before the required new date for dismissal
[under Subsection (b)], the court shall dismiss the suit. The court
may not grant an additional extension that extends the suit beyond
the required date for dismissal under Subsection (b) or (b-1).
SECTION 3. Section 263.403, Family Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) If, after commencement of the initial trial on the
merits in the times described by Subsection (b) or (c), the court
grants a motion for new trial or a mistrial, the court may retain
the suit on the court's docket. If the court retains the suit on the
court's docket, the court shall render an order in which the court:
(1) schedules a new date, not later than the 180th day
after the date the motion for new trial or mistrial is granted, on
which the suit will be dismissed if the new trial has not commenced;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits to commence on a date
not later than the date specified under Subdivision (1).
(c-2) If the court grants an extension under Subsection (b)
or (c) or a new trial or mistrial under Subsection (c-1) but does
not commence the trial on the merits before the required new date
for dismissal, the court shall dismiss the suit. The court may not
grant an additional extension that extends the suit beyond the
required date for dismissal under Subsection (b), (c), or (c-1).
SECTION 4. Section 263.601, Family Code, is amended to read
as follows:
Sec. 263.601. DEFINITIONS. In this subchapter:
(1) "Foster care" means a voluntary residential living
arrangement with a foster parent or other residential child-care
provider that is:
(A) licensed or approved by the department or
verified by a licensed child-placing agency; and
(B) paid under a contract with the department.
(2) "Guardianship services" means the services
provided by the Department of Aging and Disability Services under
Subchapter E, Chapter 161, Human Resources Code.
(3) "Institution" means a residential facility that is
operated, licensed, registered, certified, or verified by a state
agency other than the department. The term includes a residential
service provider under a Medicaid waiver program authorized under
Section 1915(c) of the federal Social Security Act that provides
services at a residence other than the young adult's own home.
(4) "Trial independence period" means a period of not
less than six months, or for such longer period as a court may order
not to exceed 12 months, during which a young adult exits foster
care with the option to resume foster care under the continuing
extended jurisdiction of the court.
(5) "Young adult" means a person between 18 and 21
years of age who:
(A) was in the conservatorship of the department
on the day before the person's 18th birthday; and
(B) after the person's 18th birthday, resides in
foster care or receives transitional living services from the
department.
SECTION 5. Section 263.602, Family Code, is amended to read
as follows:
Sec. 263.602. EXTENDED JURISDICTION AND TRIAL INDEPENDENCE
FOR YOUTH IN EXTENDED FOSTER CARE. (a) A court that had
continuing, exclusive jurisdiction over a young adult on the day
before the young adult's 18th birthday continues to have extended
jurisdiction over the young adult and shall retain the case on the
court's docket while the young adult remains in extended foster
care and during a trial independence period as described in this
section.
(b) A court with extended jurisdiction of a young adult who
remains in extended foster care shall conduct periodic extended
foster care review hearings every six months for the purpose of
reviewing and making findings regarding the following:
(1) whether the young adult's living arrangement is
safe and appropriate and whether the department has made reasonable
efforts to place the young adult in the least restrictive
environment necessary to meet the needs of the young adult;
(2) whether the department is making reasonable
efforts to finalize the permanency plan that is in effect for the
young adult, including a permanency plan for independent living;
(3) for a young adult whose permanency plan is
independent living, whether:
(A) the young adult participated in the
development of a plan of service;
(B) the young adult's plan of service reflects
the independent living skills and appropriate services needed to
achieve independence by the projected date; and
(C) the young adult is making reasonable progress
in developing the skills needed to achieve independence by the
projected date; and
(4) whether additional services that the department is
authorized to provide under statute or department rules or policy,
either directly or through a contracted service provider, or that
are available in the community, are needed to meet the needs of the
young adult.
(c) No less than 10 days prior to a scheduled hearing under
this section, the department shall provide the court with a copy of
the young adult's plan of service and a court report addressing the
issues the court is required to review under Subsection (b).
(d) Notice of an extended foster care review hearing shall
be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
the following persons, each of whom has a right to present evidence
and be heard at the hearing:
(1) the young adult who is the subject of the suit;
(2) the department;
(3) the foster parent with whom the young adult is
placed and the licensed administrator of a child placing agency
responsible for placing the young adult, if applicable;
(4) the director of the residential child-care
facility or other approved provider with whom the young adult is
placed, if applicable;
(5) each parent of the young adult whose parental
rights have not been terminated and who still is actively involved
in the life of the young adult;
(6) a legal guardian of the young adult, if
applicable; and
(7) the young adult's attorney ad litem, guardian ad
litem, and volunteer advocate, the appointment of whom has not been
previously dismissed by the court.
(e) If, after reviewing the young adult's plan of service
and court report provided under Subsection (c), and any additional
testimony and evidence presented at the review hearing, the court
determines that the young adult is entitled to additional services
under the department's rules or policies, or under a contract with a
service provider, the court may order the department to take
appropriate action to ensure that the young adult receives the
additional services to which the young adult is entitled.
(f) A court with extended jurisdiction over a young adult as
described in Subsection (a) shall continue to have jurisdiction
over the young adult and shall retain the case on the court's docket
until the earlier of:
(1) six months from the month in which the young adult
leaves foster care, or up to 12 months from the month in which the
young adult leaves foster care if so specified in a court order, for
the purpose of allowing the young adult to pursue a trial
independence period; or
(2) the young adult's 21st birthday.
(g) A court with extended jurisdiction as described in this
section is not required to conduct periodic hearings for a young
adult during a trial independence period and may not compel a young
adult who has exited foster care to attend a court hearing [may, at
the young adult's request, render an order that extends the court's
jurisdiction over the young adult as provided by this subchapter.
[(b) The extended jurisdiction of the court terminates on
the earlier of:
[(1) the young adult's 21st birthday; or
[(2) the date the young adult withdraws consent to the
extension of the court's jurisdiction in writing or in court].
SECTION 6. Subchapter G, Chapter 263, Family Code, is
amended by adding Section 263.6021 to read as follows:
Sec. 263.6021. VOLUNTARY EXTENDED JURISDICTION FOR YOUNG
ADULT RECEIVING TRANSITIONAL LIVING SERVICES.
(a) Notwithstanding Section 263.602, a court that had
jurisdiction over a young adult on the day before the young adult's
18th birthday may, at the young adult's request, render an order
that extends the court's jurisdiction beyond the end of a trial
independence period if the young adult is receiving transitional
living services from the department.
(b) The extended jurisdiction of the court under this
section terminates on the earlier of:
(1) the young adult's 21st birthday; or
(2) the date the young adult withdraws consent to the
extension of the court's jurisdiction in writing or in court.
(c) At the request of a young adult who is receiving
transitional living services from the department and who consents
to voluntary extension of the court's jurisdiction under this
section, the court may hold a hearing to review the services the
young adult is receiving.
(d) Before a review hearing scheduled under this section,
the department must provide the court with a court report
summarizing the young adult's transitional living services plan,
services being provided to the young adult under that plan, and the
young adult's progress in achieving independence.
(e) If, after reviewing the court report and any additional
testimony and evidence presented at the hearing, the court
determines that the young adult is entitled to additional services
under the department's rules or policies, or under a contract with a
service provider, the court may order the department to take
appropriate action to ensure that the young adult receives the
additional services to which the young adult is entitled.
SECTION 7. Subsections (a) and (c), Section 263.603, Family
Code, are amended to read as follows:
(a) Notwithstanding Section 263.6021 [263.602], if the
court believes that a young adult may be incapacitated as defined by
Section 601(14)(B), Texas Probate Code, the court may extend its
jurisdiction on its own motion without the young adult's consent to
allow the department to refer the young adult to the Department of
Aging and Disability Services for guardianship services as required
by Section 48.209, Human Resources Code.
(c) If the Department of Aging and Disability Services
determines a guardianship is not appropriate, or the court with
probate jurisdiction denies the application to appoint a guardian,
the court under Subsection (a) may continue to extend its
jurisdiction over the young adult only as provided by Section
263.602 or 263.6021.
SECTION 8. Section 263.609, Family Code, is repealed.
SECTION 9. The changes in law made by this Act to Sections
263.401 and 263.403, Family Code, apply to a suit affecting the
parent-child relationship regardless of when filed.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.
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