Texas 2013 - 83rd Regular

Texas House Bill HB3399 Compare Versions

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1	1	83R26587 JSL-D
2	2	By: Raymond H.B. No. 3399
3	3	Substitute the following for H.B. No. 3399:
4	4	By: Naishtat C.S.H.B. No. 3399
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the stability of placements for children in the
10	10	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. The heading to Chapter 263, Family Code, is
14	14	amended to read as follows:
15	15	CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF
16	16	DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
17	17	SECTION 2. Chapter 263, Family Code, is amended by adding
18	18	Subchapter D-1 to read as follows:
19	19	SUBCHAPTER D-1. PLACEMENT STABILITY
20	20	Sec. 263.351. NOTICE OF PLACEMENT CHANGE. A substitute
21	21	care provider with whom the department contracts to provide
22	22	substitute care services for a child shall notify the department if
23	23	the child has a placement change. The notice must:
24	24	(1) be sent at the earliest time the provider is
25	25	otherwise required to provide notice of a change of the child's
26	26	placement;
27	27	(2) state the reason for the placement change; and
28	28	(3) include the provider's recommendation regarding a
29	29	future placement for the child that would increase the child's
30	30	opportunity to attain stability.
31	31	Sec. 263.352. PLACEMENT TRACKING SYSTEM. (a) The
32	32	department shall identify each child for whom the department has
33	33	been appointed temporary or permanent managing conservator who has
34	34	had two or more placements during the preceding 12 months. For each
35	35	child identified under this subsection, the department shall
36	36	collect the following information:
37	37	(1) the number of placement changes for the child;
38	38	(2) whether a placement change occurred for any of the
39	39	following reasons:
40	40	(A) the child ran away;
41	41	(B) the caregiver or child-placing agency
42	42	responsible for placing the child requested the change;
43	43	(C) the child was hospitalized for medical or
44	44	mental health reasons; or
45	45	(D) the child refused to remain in the placement;
46	46	and
47	47	(3) if a placement change occurred due to a reason
48	48	listed under Subdivision (2):
49	49	(A) the child's name;
50	50	(B) the child's age;
51	51	(C) the address of the child's current placement;
52	52	(D) the court in which the suit affecting the
53	53	parent-child relationship involving the child is pending;
54	54	(E) the county and department region in which the
55	55	court is located;
56	56	(F) the reason for each placement change;
57	57	(G) the child-placing agency responsible for
58	58	placing the child; and
59	59	(H) the level of care the child was determined to
60	60	require.
61	61	(b) At least once each month, the department shall prepare a
62	62	report from the information collected under Subsection (a) and
63	63	provide the report to the commissioner of the department and the
64	64	assistant commissioner for child protective services.
65	65	(c) The department shall include the aggregated data
66	66	compiled under Subsection (b) in the department's annual data
67	67	report.
68	68	SECTION 3. Section 263.502(c), Family Code, is amended to
69	69	read as follows:
70	70	(c) The placement review report must identify the
71	71	department's permanency goal for the child and must:
72	72	(1) evaluate whether the child's current placement is
73	73	appropriate for meeting the child's needs;
74	74	(2) evaluate whether efforts have been made to ensure
75	75	placement of the child in the least restrictive environment
76	76	consistent with the best interest and special needs of the child if
77	77	the child is placed in institutional care;
78	78	(3) contain a transition plan for a child who is at
79	79	least 16 years of age that identifies the services and specific
80	80	tasks that are needed to assist the child in making the transition
81	81	from substitute care to adult living and describes the services
82	82	that are being provided through the Transitional Living Services
83	83	Program operated by the department;
84	84	(4) evaluate whether the child's current educational
85	85	placement is appropriate for meeting the child's academic needs;
86	86	(5) identify other plans or services that are needed
87	87	to meet the child's special needs or circumstances;
88	88	(6) describe the efforts of the department or
89	89	authorized agency to place the child for adoption if parental
90	90	rights to the child have been terminated and the child is eligible
91	91	for adoption, including efforts to provide adoption promotion and
92	92	support services as defined by 42 U.S.C. Section 629a and other
93	93	efforts consistent with the federal Adoption and Safe Families Act
94	94	of 1997 (Pub. L. No. 105-89);
95	95	(7) for a child for whom the department has been named
96	96	managing conservator in a final order that does not include
97	97	termination of parental rights, describe the efforts of the
98	98	department to find a permanent placement for the child, including
99	99	efforts to:
100	100	(A) work with the caregiver with whom the child
101	101	is placed to determine whether that caregiver is willing to become a
102	102	permanent placement for the child;
103	103	(B) locate a relative or other suitable
104	104	individual to serve as permanent managing conservator of the child;
105	105	and
106	106	(C) evaluate any change in a parent's
107	107	circumstances to determine whether:
108	108	(i) the child can be returned to the parent;
109	109	or
110	110	(ii) parental rights should be terminated;
111	111	[and]
112	112	(8) with respect to a child committed to the Texas
113	113	Juvenile Justice Department [Youth Commission] or released under
114	114	supervision by the Texas Juvenile Justice Department [Youth
115	115	Commission]:
116	116	(A) evaluate whether the child's needs for
117	117	treatment and education are being met;
118	118	(B) describe, using information provided by the
119	119	Texas Juvenile Justice Department [Youth Commission], the child's
120	120	progress in any rehabilitation program administered by the Texas
121	121	Juvenile Justice Department [Youth Commission]; and
122	122	(C) recommend other plans or services to meet the
123	123	child's needs; and
124	124	(9) identify the department's concerns, if any,
125	125	related to the stability of the child's placement and barriers to
126	126	sustaining the child's placement, including any reason for which a
127	127	substitute care provider has requested a placement change.
128	128	SECTION 4. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2013.