Texas 2013 - 83rd Regular

Texas House Bill HB2619 Compare Versions

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1	1	By: Naishtat (Senate Sponsor - West) H.B. No. 2619
2	2	(In the Senate - Received from the House May 6, 2013;
3	3	May 7, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 15, 2013, reported favorably by the
5	5	following vote: Yeas 9, Nays 0; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the educational needs of children in the
11	11	conservatorship of the Department of Family and Protective
12	12	Services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 107.002, Family Code, is amended by
15	15	adding Subsection (i) to read as follows:
16	16	(i) A guardian ad litem appointed to represent a child in
17	17	the managing conservatorship of the Department of Family and
18	18	Protective Services shall, before each scheduled hearing under
19	19	Chapter 263, determine whether the child's educational needs and
20	20	goals have been identified and addressed.
21	21	SECTION 2. Section 107.004, Family Code, is amended by
22	22	adding Subsection (d-2) to read as follows:
23	23	(d-2) An attorney ad litem appointed to represent a child in
24	24	the managing conservatorship of the Department of Family and
25	25	Protective Services shall, before each scheduled hearing under
26	26	Chapter 263, determine whether the child's educational needs and
27	27	goals have been identified and addressed.
28	28	SECTION 3. Subchapter A, Chapter 263, Family Code, is
29	29	amended by adding Section 263.0025 to read as follows:
30	30	Sec. 263.0025. APPOINTMENT OF SURROGATE PARENT. (a) If a
31	31	child in the temporary or permanent conservatorship of the
32	32	department is eligible under Section 29.003, Education Code, to
33	33	participate in a school district's special education program, the
34	34	court may, when necessary to ensure that the educational rights of
35	35	the child are protected, appoint a surrogate parent who:
36	36	(1) is willing to serve in that capacity; and
37	37	(2) meets the requirements of 20 U.S.C. Section
38	38	1415(b) and Section 29.001(10), Education Code.
39	39	(b) In appointing a surrogate parent for a child, the court
40	40	shall give preferential consideration to a foster parent of the
41	41	child as required under Section 29.015, Education Code.
42	42	(c) If the court does not appoint a child's foster parent to
43	43	serve as the child's surrogate parent, the court shall give
44	44	consideration to:
45	45	(1) a relative or other designated caregiver as
46	46	defined by Section 264.751; or
47	47	(2) a court-appointed volunteer advocate who has been
48	48	appointed to serve as the child's guardian ad litem, as provided by
49	49	Section 107.031(c).
50	50	(d) The following persons may not be appointed as a
51	51	surrogate parent for the child:
52	52	(1) the department;
53	53	(2) the Texas Education Agency;
54	54	(3) a school or school district; or
55	55	(4) any other agency that is involved in the education
56	56	or care of the child.
57	57	SECTION 4. Subchapter A, Chapter 263, Family Code, is
58	58	amended by adding Section 263.004 to read as follows:
59	59	Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION
60	60	DECISION-MAKING. (a) Unless the rights and duties of the
61	61	department under Section 153.371(10) to make decisions regarding
62	62	the child's education have been limited by court order, the
63	63	department shall file with the court a report identifying the name
64	64	and contact information for each person who has been:
65	65	(1) designated by the department to make educational
66	66	decisions on behalf of the child; and
67	67	(2) assigned to serve as the child's surrogate parent
68	68	in accordance with 20 U.S.C. Section 1415(b) and Section
69	69	29.001(10), Education Code, for purposes of decision-making
70	70	regarding special education services, if applicable.
71	71	(b) Not later than the fifth day after the date an adversary
72	72	hearing under Section 262.201 or Section 262.205 is concluded, the
73	73	report required by Subsection (a) shall be filed with the court and
74	74	a copy shall be provided to:
75	75	(1) each person entitled to notice of a permanency
76	76	hearing under Section 263.301; and
77	77	(2) the school the child attends.
78	78	(c) If a person other than a person identified in the report
79	79	required by Subsection (a) is designated to make educational
80	80	decisions or assigned to serve as a surrogate parent, the
81	81	department shall file with the court an updated report that
82	82	includes the information required by Subsection (a) for the
83	83	designated or assigned person. The updated report must be filed not
84	84	later than the fifth day after the date of designation or
85	85	assignment.
86	86	SECTION 5. Section 263.306, Family Code, is amended to read
87	87	as follows:
88	88	Sec. 263.306. PERMANENCY HEARINGS: PROCEDURE. (a) At each
89	89	permanency hearing the court shall:
90	90	(1) identify all persons or parties present at the
91	91	hearing or those given notice but failing to appear;
92	92	(2) review the efforts of the department or another
93	93	agency in:
94	94	(A) attempting to locate all necessary persons;
95	95	(B) requesting service of citation; and
96	96	(C) obtaining the assistance of a parent in
97	97	providing information necessary to locate an absent parent, alleged
98	98	father, or relative of the child;
99	99	(3) review the efforts of each custodial parent,
100	100	alleged father, or relative of the child before the court in
101	101	providing information necessary to locate another absent parent,
102	102	alleged father, or relative of the child;
103	103	(4) return the child to the parent or parents if the
104	104	child's parent or parents are willing and able to provide the child
105	105	with a safe environment and the return of the child is in the
106	106	child's best interest;
107	107	(5) place the child with a person or entity, other than
108	108	a parent, entitled to service under Chapter 102 if the person or
109	109	entity is willing and able to provide the child with a safe
110	110	environment and the placement of the child is in the child's best
111	111	interest;
112	112	(6) evaluate the department's efforts to identify
113	113	relatives who could provide the child with a safe environment, if
114	114	the child is not returned to a parent or another person or entity
115	115	entitled to service under Chapter 102;
116	116	(7) evaluate the parties' compliance with temporary
117	117	orders and the service plan;
118	118	(8) identify an education decision-maker for the child
119	119	if one has not previously been identified;
120	120	(9) determine whether:
121	121	(A) the child continues to need substitute care;
122	122	(B) the child's current placement is appropriate
123	123	for meeting the child's needs, including with respect to a child who
124	124	has been placed outside of the state, whether that placement
125	125	continues to be in the best interest of the child; and
126	126	(C) other plans or services are needed to meet
127	127	the child's special needs or circumstances;
128	128	(10) [(9)] if the child is placed in institutional
129	129	care, determine whether efforts have been made to ensure placement
130	130	of the child in the least restrictive environment consistent with
131	131	the best interest and special needs of the child;
132	132	(11) [(10)] if the child is 16 years of age or older,
133	133	order services that are needed to assist the child in making the
134	134	transition from substitute care to independent living if the
135	135	services are available in the community;
136	136	(12) [(11)] determine plans, services, and further
137	137	temporary orders necessary to ensure that a final order is rendered
138	138	before the date for dismissal of the suit under this chapter;
139	139	(13) [(12)] if the child is committed to the Texas
140	140	Juvenile Justice Department [Youth Commission] or released under
141	141	supervision by the Texas Juvenile Justice Department [Youth
142	142	Commission], determine whether the child's needs for treatment,
143	143	rehabilitation, and education are being met; and
144	144	(14) [(13)] determine the date for dismissal of the
145	145	suit under this chapter and give notice in open court to all parties
146	146	of:
147	147	(A) the dismissal date;
148	148	(B) the date of the next permanency hearing; and
149	149	(C) the date the suit is set for trial.
150	150	(b) The court shall also review the service plan, permanency
151	151	report, and other information submitted at the hearing to:
152	152	(1) determine:
153	153	(A) the safety of the child;
154	154	(B) the continuing necessity and appropriateness
155	155	of the placement;
156	156	(C) the extent of compliance with the case plan;
157	157	(D) whether the child's education needs and goals
158	158	have been identified and addressed;
159	159	(E) the extent of progress that has been made
160	160	toward alleviating or mitigating the causes necessitating the
161	161	placement of the child in foster care; and
162	162	(F) [(E)] whether the department has made
163	163	reasonable efforts to finalize the permanency plan that is in
164	164	effect for the child, including the concurrent permanency goals for
165	165	the child; and
166	166	(2) project a likely date by which the child may be
167	167	returned to and safely maintained in the child's home, placed for
168	168	adoption, or placed in permanent managing conservatorship.
169	169	SECTION 6. Section 263.503(a), Family Code, is amended to
170	170	read as follows:
171	171	(a) At each placement review hearing, the court shall
172	172	determine whether:
173	173	(1) the child's current placement is necessary, safe,
174	174	and appropriate for meeting the child's needs, including with
175	175	respect to a child placed outside of the state, whether the
176	176	placement continues to be appropriate and in the best interest of
177	177	the child;
178	178	(2) efforts have been made to ensure placement of the
179	179	child in the least restrictive environment consistent with the best
180	180	interest and special needs of the child if the child is placed in
181	181	institutional care;
182	182	(3) the services that are needed to assist a child who
183	183	is at least 16 years of age in making the transition from substitute
184	184	care to independent living are available in the community;
185	185	(4) other plans or services are needed to meet the
186	186	child's special needs or circumstances;
187	187	(5) the department or authorized agency has exercised
188	188	due diligence in attempting to place the child for adoption if
189	189	parental rights to the child have been terminated and the child is
190	190	eligible for adoption;
191	191	(6) for a child for whom the department has been named
192	192	managing conservator in a final order that does not include
193	193	termination of parental rights, a permanent placement, including
194	194	appointing a relative as permanent managing conservator or
195	195	returning the child to a parent, is appropriate for the child;
196	196	(7) for a child whose permanency goal is another
197	197	planned, permanent living arrangement, the department has:
198	198	(A) documented a compelling reason why adoption,
199	199	permanent managing conservatorship with a relative or other
200	200	suitable individual, or returning the child to a parent is not in
201	201	the child's best interest; and
202	202	(B) identified a family or other caring adult who
203	203	has made a permanent commitment to the child;
204	204	(8) the department or authorized agency has made
205	205	reasonable efforts to finalize the permanency plan that is in
206	206	effect for the child; [and]
207	207	(9) if the child is committed to the Texas Juvenile
208	208	Justice Department [Youth Commission] or released under
209	209	supervision by the Texas Juvenile Justice Department [Youth
210	210	Commission], the child's needs for treatment, rehabilitation, and
211	211	education are being met;
212	212	(10) an education decision-maker for the child has
213	213	been identified; and
214	214	(11) the child's education needs and goals have been
215	215	identified and addressed.
216	216	SECTION 7. Subchapter B, Chapter 264, Family Code, is
217	217	amended by adding Section 264.1072 to read as follows:
218	218	Sec. 264.1072. EDUCATIONAL STABILITY. The department shall
219	219	develop, in accordance with 42 U.S.C. Section 675, a plan to ensure
220	220	the educational stability of a foster child.
221	221	SECTION 8. Section 266.008(c), Family Code, is amended to
222	222	read as follows:
223	223	(c) The department shall make the passport available to:
224	224	(1) any person authorized by law to make educational
225	225	decisions for the foster child;
226	226	(2) the person authorized to consent to medical care
227	227	for the foster child; and
228	228	(3) [to] a provider of medical care to the foster child
229	229	if access to the foster child's educational information is
230	230	necessary to the provision of medical care and is not prohibited by
231	231	law.
232	232	SECTION 9. Section 25.001(g), Education Code, is amended to
233	233	read as follows:
234	234	(g) A student enrolled in a primary or secondary public
235	235	[high] school [in grade 9, 10, 11, or 12] who is placed in the
236	236	conservatorship of [temporary foster care by] the [Texas]
237	237	Department of Family and Protective [Human] Services and at a
238	238	residence outside the attendance area for the school or outside the
239	239	school district is entitled to continue to attend [complete high
240	240	school at] the school in which the student was enrolled immediately
241	241	before entering conservatorship until the student successfully
242	242	completes the highest grade level offered by the school at the time
243	243	of placement without payment of tuition.
244	244	SECTION 10. Section 25.007(b), Education Code, is amended
245	245	to read as follows:
246	246	(b) In recognition of the challenges faced by students in
247	247	substitute care, the agency shall assist the transition of
248	248	substitute care students from one school to another by:
249	249	(1) ensuring that school records for a student in
250	250	substitute care are transferred to the student's new school not
251	251	later than the 10th working [14th] day after the date the student
252	252	begins enrollment at the school;
253	253	(2) developing systems to ease transition of a student
254	254	in substitute care during the first two weeks of enrollment at a new
255	255	school;
256	256	(3) developing procedures for awarding credit for
257	257	course work, including electives, completed by a student in
258	258	substitute care while enrolled at another school;
259	259	(4) promoting practices that facilitate access by a
260	260	student in substitute care to extracurricular programs, summer
261	261	programs, credit transfer services, electronic courses provided
262	262	under Chapter 30A, and after-school tutoring programs at nominal or
263	263	no cost;
264	264	(5) establishing procedures to lessen the adverse
265	265	impact of the movement of a student in substitute care to a new
266	266	school;
267	267	(6) entering into a memorandum of understanding with
268	268	the Department of Family and Protective Services regarding the
269	269	exchange of information as appropriate to facilitate the transition
270	270	of students in substitute care from one school to another;
271	271	(7) encouraging school districts and open-enrollment
272	272	charter schools to provide services for a student in substitute
273	273	care in transition when applying for admission to postsecondary
274	274	study and when seeking sources of funding for postsecondary study;
275	275	(8) requiring school districts, campuses, and
276	276	open-enrollment charter schools to accept a referral for special
277	277	education services made for a student in substitute care by a school
278	278	previously attended by the student; [and]
279	279	(9) requiring school districts to provide notice to
280	280	the child's educational decision-maker and caseworker regarding
281	281	events that may significantly impact the education of a child,
282	282	including:
283	283	(A) requests or referrals for an evaluation under
284	284	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
285	285	special education under Section 29.003;
286	286	(B) admission, review, and dismissal committee
287	287	meetings;
288	288	(C) manifestation determination reviews required
289	289	by Section 37.004(b);
290	290	(D) any disciplinary actions under Chapter 37 for
291	291	which parental notice is required;
292	292	(E) citations issued for Class C misdemeanor
293	293	offenses on school property or at school-sponsored activities;
294	294	(F) reports of restraint and seclusion required
295	295	by Section 37.0021; and
296	296	(G) use of corporal punishment as provided by
297	297	Section 37.0011; and
298	298	(10) providing other assistance as identified by the
299	299	agency.
300	300	SECTION 11. Section 25.087(b), Education Code, is amended
301	301	to read as follows:
302	302	(b) A school district shall excuse a student from attending
303	303	school for:
304	304	(1) the following purposes, including travel for those
305	305	purposes:
306	306	(A) observing religious holy days;
307	307	(B) attending a required court appearance;
308	308	(C) appearing at a governmental office to
309	309	complete paperwork required in connection with the student's
310	310	application for United States citizenship;
311	311	(D) taking part in a United States naturalization
312	312	oath ceremony; [or]
313	313	(E) serving as an election clerk; or
314	314	(F) for a child in the conservatorship of the
315	315	Department of Family and Protective Services, attending a mental
316	316	health or therapy appointment or family visitation as ordered by a
317	317	court under Chapter 262 or 263, Family Code; or
318	318	(2) a temporary absence resulting from an appointment
319	319	with a health care professional [professionals] if that student
320	320	commences classes or returns to school on the same day of the
321	321	appointment.
322	322	SECTION 12. (a) Sections 107.002(i) and 107.004(d-2),
323	323	Family Code, as added by this Act, apply only to a suit affecting
324	324	the parent-child relationship filed on or after the effective date
325	325	of this Act. A suit filed before the effective date of this Act is
326	326	governed by the law in effect on the date the suit was filed, and the
327	327	former law is continued in effect for that purpose.
328	328	(b) The changes in law made by this Act to the Education Code
329	329	apply beginning with the 2013-2014 school year.
330	330	SECTION 13. This Act takes effect September 1, 2013.
331	331	* * * * *