Texas 2013 - 83rd Regular

Texas House Bill HB1453 Compare Versions

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1	1	83R21799 YDB-D
2	2	By: N. Gonzalez of El Paso H.B. No. 1453
3	3	Substitute the following for H.B. No. 1453:
4	4	By: Raymond C.S.H.B. No. 1453
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to visitation for certain children in the temporary
10	10	managing conservatorship of the Department of Family and Protective
11	11	Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 262, Family Code, is
14	14	amended by adding Section 262.115 to read as follows:
15	15	Sec. 262.115. VISITATION WITH CERTAIN CHILDREN; TEMPORARY
16	16	VISITATION SCHEDULE. (a) In this section, "department" means the
17	17	Department of Family and Protective Services.
18	18	(b) This section applies only to a child:
19	19	(1) who is in the temporary managing conservatorship
20	20	of the department; and
21	21	(2) for whom the department's goal is reunification of
22	22	the child with the child's parent.
23	23	(c) The department shall ensure that a parent who was
24	24	entitled to possession of the child before removal of the child by
25	25	the department has an opportunity to visit the child not later than
26	26	the third day after the date the department is named temporary
27	27	managing conservator of the child unless:
28	28	(1) the department determines that visitation is not
29	29	in the child's best interest; or
30	30	(2) visitation with the parent would conflict with a
31	31	court order relating to possession of or access to the child.
32	32	(d) Before a hearing conducted under Subchapter C, the
33	33	department, in collaboration with each parent of the child, to the
34	34	extent possible, must develop a temporary visitation schedule for
35	35	the child's visits with each parent. The visitation schedule may
36	36	conform to the department's minimum visitation policies. The
37	37	department shall consider the factors listed in Section 263.107(c)
38	38	in developing the temporary visitation schedule. Unless modified
39	39	by court order, the schedule remains in effect until a visitation
40	40	plan is developed under Section 263.107.
41	41	(e) The department may include the temporary visitation
42	42	schedule in any report the department submits to the court before or
43	43	during a hearing under Subchapter C. The court may render any
44	44	necessary order regarding the temporary visitation schedule.
45	45	SECTION 2. The heading to Chapter 263, Family Code, is
46	46	amended to read as follows:
47	47	CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF
48	48	DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
49	49	SECTION 3. The heading to Subchapter B, Chapter 263, Family
50	50	Code, is amended to read as follows:
51	51	SUBCHAPTER B. SERVICE PLAN AND VISITATION PLAN
52	52	SECTION 4. Subchapter B, Chapter 263, Family Code, is
53	53	amended by adding Sections 263.107, 263.108, and 263.109 to read as
54	54	follows:
55	55	Sec. 263.107. VISITATION PLAN. (a) This section applies
56	56	only to a child in the temporary managing conservatorship of the
57	57	department for whom the department's goal is reunification of the
58	58	child with the child's parent.
59	59	(b) Not later than the 30th day after the date the
60	60	department is named temporary managing conservator of a child, the
61	61	department shall develop a visitation plan in collaboration with
62	62	each parent of the child unless a child's parent cannot be located
63	63	or the department cannot obtain the collaboration of the parent
64	64	despite making reasonable efforts to locate or collaborate with the
65	65	parent.
66	66	(c) In determining the frequency and circumstances of
67	67	visitation under this section, the department must consider:
68	68	(1) the safety and best interest of the child;
69	69	(2) the age of the child;
70	70	(3) the desires of each parent regarding visitation
71	71	with the child;
72	72	(4) the location of each parent and the child; and
73	73	(5) the resources available to the department,
74	74	including the resources to:
75	75	(A) ensure that visitation is properly
76	76	supervised by a department employee or, if determined appropriate
77	77	by the department, another person the department determines
78	78	suitable and who has a background and criminal history check on file
79	79	with the department; and
80	80	(B) provide transportation to and from visits.
81	81	(d) Not later than the 10th day before the date of a status
82	82	hearing under Section 263.201, the department shall file with the
83	83	court a copy of the visitation plan developed under this section.
84	84	(e) The department may amend the visitation plan for a
85	85	parent on mutual agreement of that parent and the department or as
86	86	the department considers necessary to ensure the safety of the
87	87	child. An amendment to the visitation plan must be in the child's
88	88	best interest. The department shall file a copy of any amended
89	89	visitation plan with the court.
90	90	(f) A visitation plan developed under this section may not
91	91	conflict with a court order relating to possession of or access to
92	92	the child.
93	93	Sec. 263.108. REVIEW OF VISITATION PLAN; MODIFICATION.
94	94	(a) At the first hearing held under this chapter after the date an
95	95	original or amended visitation plan is filed with the court under
96	96	Section 263.107, the court shall review the visitation plan, taking
97	97	into consideration the factors specified in Section 263.107(c).
98	98	(b) The court may modify, or order the department to modify,
99	99	an original or amended visitation plan at any time.
100	100	(c) A parent who is entitled to visitation under a
101	101	visitation plan may at any time file a motion with the court to
102	102	request review and modification of an original or amended
103	103	visitation plan.
104	104	Sec. 263.109. COURT IMPLEMENTATION OF VISITATION PLAN.
105	105	(a) After reviewing an original or amended visitation plan, the
106	106	court shall render an order regarding a parent's visitation with a
107	107	child that the court determines appropriate.
108	108	(b) If the court finds that visitation between a child and a
109	109	parent is not in the child's best interest, the court shall render
110	110	an order that:
111	111	(1) states the reasons for finding that visitation is
112	112	not in the child's best interest; and
113	113	(2) outlines specific steps the parent must take to be
114	114	allowed to have visitation with the child.
115	115	(c) If the order regarding visitation between a child and a
116	116	parent requires supervised visitation to protect the health and
117	117	safety of the child, the order must outline specific steps the
118	118	parent must take to have the level of supervision reduced.
119	119	SECTION 5. Section 263.306(a), Family Code, is amended to
120	120	read as follows:
121	121	(a) At each permanency hearing the court shall:
122	122	(1) identify all persons or parties present at the
123	123	hearing or those given notice but failing to appear;
124	124	(2) review the efforts of the department or another
125	125	agency in:
126	126	(A) attempting to locate all necessary persons;
127	127	(B) requesting service of citation; and
128	128	(C) obtaining the assistance of a parent in
129	129	providing information necessary to locate an absent parent, alleged
130	130	father, or relative of the child;
131	131	(3) review the efforts of each custodial parent,
132	132	alleged father, or relative of the child before the court in
133	133	providing information necessary to locate another absent parent,
134	134	alleged father, or relative of the child;
135	135	(4) review any visitation plan or amended plan
136	136	required under Section 263.107 and render any orders for visitation
137	137	the court determines necessary;
138	138	(5) return the child to the parent or parents if the
139	139	child's parent or parents are willing and able to provide the child
140	140	with a safe environment and the return of the child is in the
141	141	child's best interest;
142	142	(6) [(5)] place the child with a person or entity,
143	143	other than a parent, entitled to service under Chapter 102 if the
144	144	person or entity is willing and able to provide the child with a
145	145	safe environment and the placement of the child is in the child's
146	146	best interest;
147	147	(7) [(6)] evaluate the department's efforts to
148	148	identify relatives who could provide the child with a safe
149	149	environment, if the child is not returned to a parent or another
150	150	person or entity entitled to service under Chapter 102;
151	151	(8) [(7)] evaluate the parties' compliance with
152	152	temporary orders and the service plan;
153	153	(9) [(8)] determine whether:
154	154	(A) the child continues to need substitute care;
155	155	(B) the child's current placement is appropriate
156	156	for meeting the child's needs, including with respect to a child who
157	157	has been placed outside of the state, whether that placement
158	158	continues to be in the best interest of the child; and
159	159	(C) other plans or services are needed to meet
160	160	the child's special needs or circumstances;
161	161	(10) [(9)] if the child is placed in institutional
162	162	care, determine whether efforts have been made to ensure placement
163	163	of the child in the least restrictive environment consistent with
164	164	the best interest and special needs of the child;
165	165	(11) [(10)] if the child is 16 years of age or older,
166	166	order services that are needed to assist the child in making the
167	167	transition from substitute care to independent living if the
168	168	services are available in the community;
169	169	(12) [(11)] determine plans, services, and further
170	170	temporary orders necessary to ensure that a final order is rendered
171	171	before the date for dismissal of the suit under this chapter;
172	172	(13) [(12)] if the child is committed to the Texas
173	173	Juvenile Justice Department [Youth Commission] or released under
174	174	supervision by the Texas Juvenile Justice Department [Youth
175	175	Commission], determine whether the child's needs for treatment,
176	176	rehabilitation, and education are being met; and
177	177	(14) [(13)] determine the date for dismissal of the
178	178	suit under this chapter and give notice in open court to all parties
179	179	of:
180	180	(A) the dismissal date;
181	181	(B) the date of the next permanency hearing; and
182	182	(C) the date the suit is set for trial.
183	183	SECTION 6. Section 411.114(a)(3), Government Code, as
184	184	amended by Chapters 598 (S.B. 218), 1056 (S.B. 221), and 1082 (S.B.
185	185	1178), Acts of the 82nd Legislature, Regular Session, 2011, is
186	186	reenacted and amended to read as follows:
187	187	(3) The Department of Family and Protective Services
188	188	is entitled to obtain from the department criminal history record
189	189	information maintained by the department that relates to a person
190	190	who is:
191	191	(A) a volunteer or applicant volunteer with a
192	192	local affiliate in this state of Big Brothers/Big Sisters of
193	193	America;
194	194	(B) a volunteer or applicant volunteer with the
195	195	"I Have a Dream/Houston" program;
196	196	(C) a volunteer or applicant volunteer with an
197	197	organization that provides court-appointed special advocates for
198	198	abused or neglected children;
199	199	(D) a person providing, at the request of the
200	200	child's parent, in-home care for a child who is the subject of a
201	201	report alleging the child has been abused or neglected;
202	202	(E) a volunteer or applicant volunteer with a
203	203	Texas chapter of the Make-a-Wish Foundation of America;
204	204	(F) a person providing, at the request of the
205	205	child's parent, in-home care for a child only if the person gives
206	206	written consent to the release and disclosure of the information;
207	207	(G) a child who is related to the caretaker, as
208	208	determined under Section 42.002, Human Resources Code, and who
209	209	resides in or is present in a child-care facility or family home,
210	210	other than a child described by Subdivision (2)(C), or any other
211	211	person who has unsupervised access to a child in the care of a
212	212	child-care facility or family home;
213	213	(H) an applicant for a position with the
214	214	Department of Family and Protective Services, other than a position
215	215	described by Subdivision (2)(D), regardless of the duties of the
216	216	position;
217	217	(I) a volunteer or applicant volunteer with the
218	218	Department of Family and Protective Services, other than a
219	219	registered volunteer, regardless of the duties to be performed;
220	220	(J) a person providing or applying to provide
221	221	in-home, adoptive, or foster care for children to the extent
222	222	necessary to comply with Subchapter B, Chapter 162, Family Code;
223	223	(K) a Department of Family and Protective
224	224	Services employee, other than an employee described by Subdivision
225	225	(2)(H), regardless of the duties of the employee's position;
226	226	(L) a relative of a child in the care of the
227	227	Department of Family and Protective Services, to the extent
228	228	necessary to comply with Section 162.007, Family Code;
229	229	(M) a person, other than an alleged perpetrator
230	230	in a report described in Subdivision (2)(I), living in the
231	231	residence in which the alleged victim of the report resides;
232	232	(N) a contractor or an employee of a contractor
233	233	who delivers services to a ward of the Department of Family and
234	234	Protective Services under a contract with the estate of the ward;
235	235	(O) a person who seeks unsupervised visits with a
236	236	ward of the Department of Family and Protective Services, including
237	237	a relative of the ward;
238	238	(P) an employee, volunteer, or applicant
239	239	volunteer of a children's advocacy center under Subchapter E,
240	240	Chapter 264, Family Code, including a member of the governing board
241	241	of a center; [or]
242	242	(Q) an employee of, an applicant for employment
243	243	with, or a volunteer or an applicant volunteer with an entity or
244	244	person that contracts with the Department of Family and Protective
245	245	Services and has access to confidential information in the
246	246	department's records, if the employee, applicant, volunteer, or
247	247	applicant volunteer has or will have access to that confidential
248	248	information;
249	249	(R) [(Q)] an employee of or volunteer at, or an
250	250	applicant for employment with or to be a volunteer at, an entity
251	251	that provides supervised independent living services to a young
252	252	adult receiving extended foster care services from the Department
253	253	of Family and Protective Services; [or]
254	254	(S) [(R)] a person 14 years of age or older who
255	255	will be regularly or frequently working or staying in a host home
256	256	that is providing supervised independent living services to a young
257	257	adult receiving extended foster care services from the Department
258	258	of Family and Protective Services; or
259	259	(T) a person selected by the Department of Family
260	260	and Protective Services to supervise visitation under Subchapter B,
261	261	Chapter 263, Family Code.
262	262	SECTION 7. The changes in law made by this Act apply only to
263	263	a child who is taken into possession by the Department of Family and
264	264	Protective Services on or after the effective date of this Act. A
265	265	child taken into possession by the Department of Family and
266	266	Protective Services before the effective date of this Act is
267	267	governed by the law in effect on the date the child was taken into
268	268	possession, and the former law is continued in effect for that
269	269	purpose.
270	270	SECTION 8. To the extent of any conflict, this Act prevails
271	271	over another Act of the 83rd Legislature, Regular Session, 2013,
272	272	relating to nonsubstantive additions to and corrections in enacted
273	273	codes.
274	274	SECTION 9. This Act takes effect September 1, 2013.