By: Lucio III, N. Gonzalez of El Paso, Fallon H.B. No. 843
(Senate Sponsor - Lucio)
(In the Senate - Received from the House May 3, 2013;
May 6, 2013, read first time and referred to Committee on
Jurisprudence; May 16, 2013, reported favorably by the following
vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to persons entitled to notice of and to participation in
certain hearings regarding a child in the conservatorship of the
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.301(b), Family Code, is amended to
read as follows:
(b) The following persons are entitled to at least 10 days'
notice of a permanency hearing and are entitled to present evidence
and be heard at the hearing:
(1) the department;
(2) the foster parent, preadoptive parent, relative of
the child providing care, or director of the group home or
institution where the child is residing;
(3) each parent of the child;
(4) the managing conservator or guardian of the child;
(5) an attorney ad litem appointed for the child under
Chapter 107;
(6) a volunteer advocate appointed for the child under
Chapter 107; [and]
(7) the child if:
(A) the child is 10 years of age or older; or
(B) the court determines it is appropriate for
the child to receive notice; and
(8) any other person or agency named by the court to
have an interest in the child's welfare.
SECTION 2. Section 263.501(d), Family Code, is amended to
read as follows:
(d) The following are entitled to not less than 10 days'
notice of a placement review hearing and are entitled to present
evidence and be heard at the hearing:
(1) the department;
(2) the foster parent, preadoptive parent, relative of
the child providing care, or director of the group home or
institution in which the child is residing;
(3) each parent of the child;
(4) each possessory conservator or guardian of the
child;
(5) the child's attorney ad litem and volunteer
advocate, if the appointments were not dismissed in the final
order; [and]
(6) the child if:
(A) the child is 10 years of age or older; or
(B) the court determines it is appropriate for
the child to receive notice; and
(7) any other person or agency named by the court as
having an interest in the child's welfare.
SECTION 3. The change in law made by this Act applies only
to a hearing held on or after September 10, 2013. A hearing held
before that date is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.
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