By: West S.B. No. 352
(N. Gonzalez of El Paso)
A BILL TO BE ENTITLED
AN ACT
relating to visitation for certain children in the temporary
managing conservatorship of 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; TEMPORARY
VISITATION SCHEDULE. (a) In this section, "department" means the
Department of Family and Protective Services.
(b) This section applies only to a child:
(1) who is in the temporary managing conservatorship
of the department; and
(2) for whom the department's goal is reunification of
the child with the child's parent.
(c) The department shall ensure that a parent 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 the
department is named temporary managing conservator of the child
unless:
(1) the department determines that visitation is not
in the child's best interest; or
(2) visitation with the parent would conflict with a
court order relating to possession of or access to the child.
(d) Before a hearing conducted under Subchapter C, the
department in collaboration with each parent of the child must
develop a temporary visitation schedule for the child's visits with
each parent. The visitation schedule may conform to the
department's minimum visitation policies. The department shall
consider the factors listed in Section 263.107(c) in developing the
temporary visitation schedule. Unless modified by court order, the
schedule remains in effect until a visitation plan is developed
under Section 263.107.
(e) The department may include the temporary visitation
schedule in any report the department submits to the court before or
during a hearing under Subchapter C. The court may render any
necessary order regarding the temporary visitation schedule.
SECTION 2. The heading to Chapter 263, Family Code, is
amended to read as follows:
CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF
DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
SECTION 3. The heading to Subchapter B, Chapter 263, Family
Code, is amended to read as follows:
SUBCHAPTER B. SERVICE PLAN AND VISITATION PLAN
SECTION 4. Subchapter B, Chapter 263, Family Code, is
amended by adding Sections 263.107, 263.108, and 263.109 to read as
follows:
Sec. 263.107. VISITATION PLAN. (a) This section applies
only to a child in the temporary managing conservatorship of the
department for whom the department's goal is reunification of the
child with the child's parent.
(b) Not later than the 30th day after the date the
department is named temporary managing conservator of a child, the
department in collaboration with each parent of the child shall
develop a visitation plan.
(c) In determining the frequency and circumstances of
visitation under this section, the department must consider:
(1) the safety and best interest of the child;
(2) the age of the child;
(3) the desires of each parent regarding visitation
with the child;
(4) the location of each parent and the child; and
(5) the resources available to the department,
including the resources to:
(A) ensure that visitation is properly
supervised by a department employee or an available and willing
volunteer the department determines suitable after conducting a
background and criminal history check; and
(B) provide transportation to and from visits.
(d) Not later than the 10th day before the date of a status
hearing under Section 263.201, the department shall file with the
court a copy of the visitation plan developed under this section.
(e) The department may amend the visitation plan on mutual
agreement of the child's parents and the department or as the
department considers necessary to ensure the safety of the child.
An amendment to the visitation plan must be in the child's best
interest. The department shall file a copy of any amended
visitation plan with the court.
(f) A visitation plan developed under this section may not
conflict with a court order relating to possession of or access to
the child.
Sec. 263.108. REVIEW OF VISITATION PLAN; MODIFICATION.
(a) At the first hearing held under this chapter after the date an
original or amended visitation plan is filed with the court under
Section 263.107, the court shall review the visitation plan, taking
into consideration the factors specified in Section 263.107(c).
(b) The court may modify, or order the department to modify,
an original or amended visitation plan at any time.
(c) A parent who is entitled to visitation under a
visitation plan may at any time file a motion with the court to
request review and modification of an original or amended
visitation plan.
Sec. 263.109. COURT IMPLEMENTATION OF VISITATION PLAN.
(a) After reviewing an original or amended visitation plan, the
court shall render an order regarding a parent's visitation with a
child that the court determines appropriate.
(b) If the court finds that visitation between a child and a
parent is not in the child's best interest, the court shall render
an order that:
(1) states the reasons for finding that visitation is
not in the child's best interest; and
(2) outlines specific steps the parent must take to be
allowed to have visitation with the child.
(c) If the order regarding visitation between a child and a
parent requires supervised visitation to protect the health and
safety of the child, the order must outline specific steps the
parent must take to have the level of supervision reduced.
SECTION 5. Subsection (a), Section 263.306, 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 any visitation plan or amended plan
required under Section 263.107 and render any orders for visitation
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 6. Subdivision (3), Subsection (a), Section
411.114, Government Code, as amended by Chapters 598 (S.B. 218),
1056 (S.B. 221), and 1082 (S.B. 1178), Acts of the 82nd Legislature,
Regular Session, 2011, is reenacted and amended to read as follows:
(3) The Department of Family and Protective Services
is entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(A) a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers/Big Sisters of
America;
(B) a volunteer or applicant volunteer with the
"I Have a Dream/Houston" program;
(C) a volunteer or applicant volunteer with an
organization that provides court-appointed special advocates for
abused or neglected children;
(D) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected;
(E) a volunteer or applicant volunteer with a
Texas chapter of the Make-a-Wish Foundation of America;
(F) a person providing, at the request of the
child's parent, in-home care for a child only if the person gives
written consent to the release and disclosure of the information;
(G) a child who is related to the caretaker, as
determined under Section 42.002, Human Resources Code, and who
resides in or is present in a child-care facility or family home,
other than a child described by Subdivision (2)(C), or any other
person who has unsupervised access to a child in the care of a
child-care facility or family home;
(H) an applicant for a position with the
Department of Family and Protective Services, other than a position
described by Subdivision (2)(D), regardless of the duties of the
position;
(I) a volunteer or applicant volunteer with the
Department of Family and Protective Services, other than a
registered volunteer, regardless of the duties to be performed;
(J) a person providing or applying to provide
in-home, adoptive, or foster care for children to the extent
necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a Department of Family and Protective
Services employee, other than an employee described by Subdivision
(2)(H), regardless of the duties of the employee's position;
(L) a relative of a child in the care of the
Department of Family and Protective Services, to the extent
necessary to comply with Section 162.007, Family Code;
(M) a person, other than an alleged perpetrator
in a report described in Subdivision (2)(I), living in the
residence in which the alleged victim of the report resides;
(N) a contractor or an employee of a contractor
who delivers services to a ward of the Department of Family and
Protective Services under a contract with the estate of the ward;
(O) a person who seeks unsupervised visits with a
ward of the Department of Family and Protective Services, including
a relative of the ward;
(P) an employee, volunteer, or applicant
volunteer of a children's advocacy center under Subchapter E,
Chapter 264, Family Code, including a member of the governing board
of a center; [or]
(Q) an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with an entity or
person that contracts with the Department of Family and Protective
Services and has access to confidential information in the
department's records, if the employee, applicant, volunteer, or
applicant volunteer has or will have access to that confidential
information;
(R) [(Q)] an employee of or volunteer at, or an
applicant for employment with or to be a volunteer at, an entity
that provides supervised independent living services to a young
adult receiving extended foster care services from the Department
of Family and Protective Services; [or]
(S) [(R)] a person 14 years of age or older who
will be regularly or frequently working or staying in a host home
that is providing supervised independent living services to a young
adult receiving extended foster care services from the Department
of Family and Protective Services; or
(T) a person who volunteers to supervise
visitation under Subchapter B, Chapter 263, Family Code.
SECTION 7. 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 8. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. This Act takes effect September 1, 2013.