83R4529 YDB-D
By: West S.B. No. 352
A BILL TO BE ENTITLED
AN ACT
relating to a visitation plan for certain children taken into
possession by the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.115 to read as follows:
Sec. 262.115. VISITATION WITH CERTAIN CHILDREN; PLAN;
GUIDELINES. (a) In this section, "department" means the Department
of Family and Protective Services.
(b) This section applies only to a child:
(1) who is three years of age or younger;
(2) who has been taken into possession by the
department;
(3) for whom the department is seeking appointment as
temporary managing conservator; and
(4) for whom the department's goal is reunification of
the child with a parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian who is otherwise
entitled to possession of the child.
(c) The department shall ensure that a parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian who is otherwise entitled to possession of the child has
an opportunity to visit the child not later than the third day after
the date of the initial hearing before a court regarding the child.
(d) Before a full adversary hearing under Subchapter C, the
department shall file a visitation plan with the court. The
visitation plan must allow a parent, managing conservator,
possessory conservator, guardian, caretaker, or custodian who is
otherwise entitled to possession of the child to have visitation
with the child at least two times each week unless the department
determines that visitation is not in the best interest of the child.
(e) The department shall develop guidelines to govern
appropriate visitation with a child under the visitation plan.
(f) A visitation plan under this section may not conflict
with an existing order for possession of or access to the child.
SECTION 2. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.2012 to read as follows:
Sec. 262.2012. REVIEW OF VISITATION PLAN; ORDER. (a) In
this section, "department" means the Department of Family and
Protective Services.
(b) At the full adversary hearing, the court shall review
the department's visitation plan filed under Section 262.115. The
court, as the court determines appropriate, shall order visitation
under the plan or, if the court finds that visitation under the plan
is not in the child's best interest, the court shall render an order
that:
(1) modifies the visitation plan or provides for no
visitation with the child;
(2) states the reasons for finding that the plan is not
in the child's best interest; and
(3) outlines specific steps that the parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian who is entitled to possession of the child must take to be
allowed more visits with the child.
(c) The court may require supervision of each visit as the
court determines necessary to protect the health and safety of the
child. A volunteer with the department or an organization that
provides services to children in this state may provide the
supervision required by court order if the volunteer has a
background and criminal history check on file with the department.
(d) Any visitation ordered under this section must comply
with the guidelines adopted by the department under Section
262.115.
SECTION 3. Section 263.202, Family Code, is amended by
adding Subsection (i) to read as follows:
(i) The court shall review the court's order relating to
visitation rendered under Section 262.2012 and modify the order as
the court determines necessary.
SECTION 4. Section 263.306(a), Family Code, is amended to
read as follows:
(a) At each permanency hearing the court shall:
(1) identify all persons or parties present at the
hearing or those given notice but failing to appear;
(2) review the efforts of the department or another
agency in:
(A) attempting to locate all necessary persons;
(B) requesting service of citation; and
(C) obtaining the assistance of a parent in
providing information necessary to locate an absent parent, alleged
father, or relative of the child;
(3) review the efforts of each custodial parent,
alleged father, or relative of the child before the court in
providing information necessary to locate another absent parent,
alleged father, or relative of the child;
(4) review the court's order relating to visitation
rendered under Section 262.2012 and modify the order as the court
determines necessary;
(5) return the child to the parent or parents if the
child's parent or parents are willing and able to provide the child
with a safe environment and the return of the child is in the
child's best interest;
(6) [(5)] place the child with a person or entity,
other than a parent, entitled to service under Chapter 102 if the
person or entity is willing and able to provide the child with a
safe environment and the placement of the child is in the child's
best interest;
(7) [(6)] evaluate the department's efforts to
identify relatives who could provide the child with a safe
environment, if the child is not returned to a parent or another
person or entity entitled to service under Chapter 102;
(8) [(7)] evaluate the parties' compliance with
temporary orders and the service plan;
(9) [(8)] determine whether:
(A) the child continues to need substitute care;
(B) the child's current placement is appropriate
for meeting the child's needs, including with respect to a child who
has been placed outside of the state, whether that placement
continues to be in the best interest of the child; and
(C) other plans or services are needed to meet
the child's special needs or circumstances;
(10) [(9)] if the child is placed in institutional
care, determine whether efforts have been made to ensure placement
of the child in the least restrictive environment consistent with
the best interest and special needs of the child;
(11) [(10)] if the child is 16 years of age or older,
order services that are needed to assist the child in making the
transition from substitute care to independent living if the
services are available in the community;
(12) [(11)] determine plans, services, and further
temporary orders necessary to ensure that a final order is rendered
before the date for dismissal of the suit under this chapter;
(13) [(12)] if the child is committed to the Texas
Juvenile Justice Department [Youth Commission] or released under
supervision by the Texas Juvenile Justice Department [Youth
Commission], determine whether the child's needs for treatment,
rehabilitation, and education are being met; and
(14) [(13)] determine the date for dismissal of the
suit under this chapter and give notice in open court to all parties
of:
(A) the dismissal date;
(B) the date of the next permanency hearing; and
(C) the date the suit is set for trial.
SECTION 5. The changes in law made by this Act apply only to
a child who is taken into possession by the Department of Family and
Protective Services on or after the effective date of this Act. A
child taken into possession by the Department of Family and
Protective Services before the effective date of this Act is
governed by the law in effect on the date the child was taken into
possession, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2013.