83R3807 JSL-D
By: Uresti S.B. No. 1789
A BILL TO BE ENTITLED
AN ACT
relating to the stability of placements for children in the
conservatorship of the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 263, Family Code, is amended by adding
Subchapter D-1 to read as follows:
SUBCHAPTER D-1. PLACEMENT STABILITY
Sec. 263.351. PLACEMENT STABILITY CONFERENCE. (a) The
department shall hold a placement stability conference for each
child for whom the department has been appointed temporary or
permanent managing conservator after the department receives
notice of a second failed placement for the child. The goal of the
placement stability conference is to determine a placement for the
child that will provide the greatest opportunity for future
stability and permanency.
(b) The department shall hold the placement stability
conference as soon as practicable after the child's second failed
placement, but not later than the 10th day after the date the
department receives notice of the failed placement.
(c) The department may hold additional placement stability
conferences for the child after any subsequent failed placement at
the department's discretion.
(d) A child's attorney ad litem, guardian ad litem, or
court-appointed volunteer advocate may request the department to
hold additional placement stability conferences for the child.
Sec. 263.352. NOTICE. (a) Not later than the second day
after the date the department receives notice that a second
placement for a child has failed, the department shall give notice
of the placement stability conference to:
(1) each person listed in Section 263.301(b); and
(2) the child, if the child is at least four years of
age.
(b) The notice may be given by any appropriate means,
including by mail, e-mail, telephone, or other electronic means.
Sec. 263.353. ATTENDANCE AT PLACEMENT STABILITY
CONFERENCE. (a) The child's attorney ad litem, the child's guardian
ad litem, the child protective services caseworker assigned to the
child, and any court-appointed volunteer advocate for the child
shall attend the placement stability conference.
(b) Each person entitled to receive notice of the placement
stability conference may attend the conference, except that a
child's parents may attend the conference only if the department
determines it is appropriate.
(c) A person may attend a placement stability conference in
person or by use of telephone conference call or video conference
call.
Sec. 263.354. RECOMMENDATION FOR PLACEMENT. (a) At the
placement stability conference, the child's caseworker shall make a
recommendation for the placement of the child that will provide the
greatest opportunity for future stability and permanency.
(b) The child's attorney ad litem, the child's guardian ad
litem, and any court-appointed volunteer advocate for the child may
make a placement recommendation for the child.
(c) The child's attorney ad litem, the child's guardian ad
litem, the child's caseworker, and any court-appointed volunteer
advocate for the child must all agree to the placement.
(d) If the child's attorney ad litem, the child's guardian
ad litem, the child's caseworker, and any court-appointed volunteer
advocate reach a unanimous agreement on placement, the child shall
be placed in the agreed placement.
Sec. 263.355. JUDICIAL REVIEW OF PLACEMENT. (a) If the
child's attorney ad litem, the child's guardian ad litem, the
child's caseworker, and any court-appointed volunteer advocate are
not able to reach a unanimous agreement regarding the child's
placement at the placement stability conference, the court shall
decide the placement for the child.
(b) Not later than the next business day after the date of a
placement stability conference at which there is not a unanimous
agreement for the placement of the child, the department shall file
a motion with the court requesting that the court render an order on
the child's placement.
(c) The court shall hold a hearing on the child's placement
not later than the 12th day after the date the motion for a hearing
is filed under Subsection (b).
(d) The department shall provide notice of the hearing to
each person listed in Section 263.301(b) not later than the 10th day
before the date of the hearing. The department shall give notice as
provided by Rule 21a, Texas Rules of Civil Procedure.
(e) The following are entitled to present evidence and be
heard at the hearing:
(1) the department;
(2) the child's attorney ad litem;
(3) the child's guardian ad litem; and
(4) any court-appointed volunteer advocate for the
child.
(f) The child shall attend a hearing under this section
unless the court specifically excuses the child's attendance. The
court may consult with the child in a developmentally appropriate
manner regarding the child's placement if the child is at least four
years of age. Failure by the child to attend a hearing does not
affect the validity of an order rendered at the hearing.
(g) The court shall conduct the hearing in any manner the
court considers appropriate. The court may require the department
or another party to submit written reports to assist the court in
making the court's determination.
(h) At the conclusion of the hearing, the court shall render
an order providing for the child's placement that is in the child's
best interests and would provide the greatest opportunity for
future stability and permanency.
Sec. 263.356. PERMANENCY PLANNING MEETINGS. The department
is not required to hold a scheduled permanency planning meeting for
a child if a placement stability conference for the child has been
held not earlier than the 30th day before the date a permanency
planning meeting is scheduled.
Sec. 263.357. PLACEMENT TRACKING SYSTEM. (a) The
department shall identify each child for whom the department has
been appointed temporary or permanent managing conservator who has
had two or more placements during the preceding 12 months. For each
child identified under this subsection, the department shall
collect the following information:
(1) the number of placement changes for the child;
(2) whether a placement change occurred for any of the
following reasons:
(A) the child ran away;
(B) the caregiver or child-placing agency
responsible for placing the child requested the change;
(C) the child was hospitalized for medical or
mental health reasons; or
(D) the child refused to remain in the placement;
and
(3) if a placement change occurred due to a reason
listed under Subdivision (2):
(A) the child's name;
(B) the child's age;
(C) the address of the child's current placement;
(D) the court in which the suit affecting the
parent-child relationship involving the child is pending;
(E) the county and department region in which the
court is located;
(F) the reason for each placement change;
(G) the child-placing agency responsible for
placing the child;
(H) the child protective services program
administrator assigned to the child;
(I) any centralized placement coordinator or
centralized placement unit assigned to the child; and
(J) the level of care the child was determined to
require.
(b) At least once each month, the department shall prepare a
report from the information collected under Subsection (a) and
provide the report to the commissioner of the department and the
assistant commissioner for child protective services.
(c) The department shall include the aggregated data
compiled under Subsection (b) in the department's annual data
report.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2014.
(b) Section 263.357, Family Code, as added by this Act,
takes effect September 1, 2013.