| 1 | 1 | | By: Lucio III, N. Gonzalez of El Paso, Fallon H.B. No. 843 |
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| 2 | 2 | | (Senate Sponsor - Lucio) |
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| 3 | 3 | | (In the Senate - Received from the House May 3, 2013; |
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| 4 | 4 | | May 6, 2013, read first time and referred to Committee on |
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| 5 | 5 | | Jurisprudence; May 16, 2013, reported favorably by the following |
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| 6 | 6 | | vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to persons entitled to notice of and to participation in |
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| 12 | 12 | | certain hearings regarding a child in the conservatorship of the |
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| 13 | 13 | | state. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 263.301(b), Family Code, is amended to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | (b) The following persons are entitled to at least 10 days' |
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| 18 | 18 | | notice of a permanency hearing and are entitled to present evidence |
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| 19 | 19 | | and be heard at the hearing: |
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| 20 | 20 | | (1) the department; |
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| 21 | 21 | | (2) the foster parent, preadoptive parent, relative of |
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| 22 | 22 | | the child providing care, or director of the group home or |
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| 23 | 23 | | institution where the child is residing; |
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| 24 | 24 | | (3) each parent of the child; |
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| 25 | 25 | | (4) the managing conservator or guardian of the child; |
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| 26 | 26 | | (5) an attorney ad litem appointed for the child under |
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| 27 | 27 | | Chapter 107; |
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| 28 | 28 | | (6) a volunteer advocate appointed for the child under |
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| 29 | 29 | | Chapter 107; [and] |
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| 30 | 30 | | (7) the child if: |
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| 31 | 31 | | (A) the child is 10 years of age or older; or |
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| 32 | 32 | | (B) the court determines it is appropriate for |
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| 33 | 33 | | the child to receive notice; and |
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| 34 | 34 | | (8) any other person or agency named by the court to |
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| 35 | 35 | | have an interest in the child's welfare. |
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| 36 | 36 | | SECTION 2. Section 263.501(d), Family Code, is amended to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | (d) The following are entitled to not less than 10 days' |
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| 39 | 39 | | notice of a placement review hearing and are entitled to present |
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| 40 | 40 | | evidence and be heard at the hearing: |
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| 41 | 41 | | (1) the department; |
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| 42 | 42 | | (2) the foster parent, preadoptive parent, relative of |
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| 43 | 43 | | the child providing care, or director of the group home or |
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| 44 | 44 | | institution in which the child is residing; |
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| 45 | 45 | | (3) each parent of the child; |
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| 46 | 46 | | (4) each possessory conservator or guardian of the |
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| 47 | 47 | | child; |
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| 48 | 48 | | (5) the child's attorney ad litem and volunteer |
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| 49 | 49 | | advocate, if the appointments were not dismissed in the final |
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| 50 | 50 | | order; [and] |
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| 51 | 51 | | (6) the child if: |
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| 52 | 52 | | (A) the child is 10 years of age or older; or |
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| 53 | 53 | | (B) the court determines it is appropriate for |
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| 54 | 54 | | the child to receive notice; and |
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| 55 | 55 | | (7) any other person or agency named by the court as |
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| 56 | 56 | | having an interest in the child's welfare. |
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| 57 | 57 | | SECTION 3. The change in law made by this Act applies only |
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| 58 | 58 | | to a hearing held on or after September 10, 2013. A hearing held |
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| 59 | 59 | | before that date is governed by the law as it existed immediately |
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| 60 | 60 | | before the effective date of this Act, and that law is continued in |
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| 61 | 61 | | effect for that purpose. |
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| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2013. |
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| 63 | 63 | | * * * * * |
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