Texas 2013 - 83rd Regular

Texas Senate Bill SB352 Compare Versions

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1	1	By: West S.B. No. 352
2	2	(N. Gonzalez of El Paso)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to visitation for certain children in the temporary
8	8	managing conservatorship of the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 262, Family Code, is
12	12	amended by adding Section 262.115 to read as follows:
13	13	Sec. 262.115. VISITATION WITH CERTAIN CHILDREN; TEMPORARY
14	14	VISITATION SCHEDULE. (a) In this section, "department" means the
15	15	Department of Family and Protective Services.
16	16	(b) This section applies only to a child:
17	17	(1) who is in the temporary managing conservatorship
18	18	of the department; and
19	19	(2) for whom the department's goal is reunification of
20	20	the child with the child's parent.
21	21	(c) The department shall ensure that a parent who is
22	22	otherwise entitled to possession of the child has an opportunity to
23	23	visit the child not later than the third day after the date the
24	24	department is named temporary managing conservator of the child
25	25	unless:
26	26	(1) the department determines that visitation is not
27	27	in the child's best interest; or
28	28	(2) visitation with the parent would conflict with a
29	29	court order relating to possession of or access to the child.
30	30	(d) Before a hearing conducted under Subchapter C, the
31	31	department in collaboration with each parent of the child must
32	32	develop a temporary visitation schedule for the child's visits with
33	33	each parent. The visitation schedule may conform to the
34	34	department's minimum visitation policies. The department shall
35	35	consider the factors listed in Section 263.107(c) in developing the
36	36	temporary visitation schedule. Unless modified by court order, the
37	37	schedule remains in effect until a visitation plan is developed
38	38	under Section 263.107.
39	39	(e) The department may include the temporary visitation
40	40	schedule in any report the department submits to the court before or
41	41	during a hearing under Subchapter C. The court may render any
42	42	necessary order regarding the temporary visitation schedule.
43	43	SECTION 2. The heading to Chapter 263, Family Code, is
44	44	amended to read as follows:
45	45	CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF
46	46	DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
47	47	SECTION 3. The heading to Subchapter B, Chapter 263, Family
48	48	Code, is amended to read as follows:
49	49	SUBCHAPTER B. SERVICE PLAN AND VISITATION PLAN
50	50	SECTION 4. Subchapter B, Chapter 263, Family Code, is
51	51	amended by adding Sections 263.107, 263.108, and 263.109 to read as
52	52	follows:
53	53	Sec. 263.107. VISITATION PLAN. (a) This section applies
54	54	only to a child in the temporary managing conservatorship of the
55	55	department for whom the department's goal is reunification of the
56	56	child with the child's parent.
57	57	(b) Not later than the 30th day after the date the
58	58	department is named temporary managing conservator of a child, the
59	59	department in collaboration with each parent of the child shall
60	60	develop a visitation plan.
61	61	(c) In determining the frequency and circumstances of
62	62	visitation under this section, the department must consider:
63	63	(1) the safety and best interest of the child;
64	64	(2) the age of the child;
65	65	(3) the desires of each parent regarding visitation
66	66	with the child;
67	67	(4) the location of each parent and the child; and
68	68	(5) the resources available to the department,
69	69	including the resources to:
70	70	(A) ensure that visitation is properly
71	71	supervised by a department employee or an available and willing
72	72	volunteer the department determines suitable after conducting a
73	73	background and criminal history check; and
74	74	(B) provide transportation to and from visits.
75	75	(d) Not later than the 10th day before the date of a status
76	76	hearing under Section 263.201, the department shall file with the
77	77	court a copy of the visitation plan developed under this section.
78	78	(e) The department may amend the visitation plan on mutual
79	79	agreement of the child's parents and the department or as the
80	80	department considers necessary to ensure the safety of the child.
81	81	An amendment to the visitation plan must be in the child's best
82	82	interest. The department shall file a copy of any amended
83	83	visitation plan with the court.
84	84	(f) A visitation plan developed under this section may not
85	85	conflict with a court order relating to possession of or access to
86	86	the child.
87	87	Sec. 263.108. REVIEW OF VISITATION PLAN; MODIFICATION.
88	88	(a) At the first hearing held under this chapter after the date an
89	89	original or amended visitation plan is filed with the court under
90	90	Section 263.107, the court shall review the visitation plan, taking
91	91	into consideration the factors specified in Section 263.107(c).
92	92	(b) The court may modify, or order the department to modify,
93	93	an original or amended visitation plan at any time.
94	94	(c) A parent who is entitled to visitation under a
95	95	visitation plan may at any time file a motion with the court to
96	96	request review and modification of an original or amended
97	97	visitation plan.
98	98	Sec. 263.109. COURT IMPLEMENTATION OF VISITATION PLAN.
99	99	(a) After reviewing an original or amended visitation plan, the
100	100	court shall render an order regarding a parent's visitation with a
101	101	child that the court determines appropriate.
102	102	(b) If the court finds that visitation between a child and a
103	103	parent is not in the child's best interest, the court shall render
104	104	an order that:
105	105	(1) states the reasons for finding that visitation is
106	106	not in the child's best interest; and
107	107	(2) outlines specific steps the parent must take to be
108	108	allowed to have visitation with the child.
109	109	(c) If the order regarding visitation between a child and a
110	110	parent requires supervised visitation to protect the health and
111	111	safety of the child, the order must outline specific steps the
112	112	parent must take to have the level of supervision reduced.
113	113	SECTION 5. Subsection (a), Section 263.306, Family Code, is
114	114	amended to read as follows:
115	115	(a) At each permanency hearing the court shall:
116	116	(1) identify all persons or parties present at the
117	117	hearing or those given notice but failing to appear;
118	118	(2) review the efforts of the department or another
119	119	agency in:
120	120	(A) attempting to locate all necessary persons;
121	121	(B) requesting service of citation; and
122	122	(C) obtaining the assistance of a parent in
123	123	providing information necessary to locate an absent parent, alleged
124	124	father, or relative of the child;
125	125	(3) review the efforts of each custodial parent,
126	126	alleged father, or relative of the child before the court in
127	127	providing information necessary to locate another absent parent,
128	128	alleged father, or relative of the child;
129	129	(4) review any visitation plan or amended plan
130	130	required under Section 263.107 and render any orders for visitation
131	131	the court determines necessary;
132	132	(5) return the child to the parent or parents if the
133	133	child's parent or parents are willing and able to provide the child
134	134	with a safe environment and the return of the child is in the
135	135	child's best interest;
136	136	(6) [(5)] place the child with a person or entity,
137	137	other than a parent, entitled to service under Chapter 102 if the
138	138	person or entity is willing and able to provide the child with a
139	139	safe environment and the placement of the child is in the child's
140	140	best interest;
141	141	(7) [(6)] evaluate the department's efforts to
142	142	identify relatives who could provide the child with a safe
143	143	environment, if the child is not returned to a parent or another
144	144	person or entity entitled to service under Chapter 102;
145	145	(8) [(7)] evaluate the parties' compliance with
146	146	temporary orders and the service plan;
147	147	(9) [(8)] determine whether:
148	148	(A) the child continues to need substitute care;
149	149	(B) the child's current placement is appropriate
150	150	for meeting the child's needs, including with respect to a child who
151	151	has been placed outside of the state, whether that placement
152	152	continues to be in the best interest of the child; and
153	153	(C) other plans or services are needed to meet
154	154	the child's special needs or circumstances;
155	155	(10) [(9)] if the child is placed in institutional
156	156	care, determine whether efforts have been made to ensure placement
157	157	of the child in the least restrictive environment consistent with
158	158	the best interest and special needs of the child;
159	159	(11) [(10)] if the child is 16 years of age or older,
160	160	order services that are needed to assist the child in making the
161	161	transition from substitute care to independent living if the
162	162	services are available in the community;
163	163	(12) [(11)] determine plans, services, and further
164	164	temporary orders necessary to ensure that a final order is rendered
165	165	before the date for dismissal of the suit under this chapter;
166	166	(13) [(12)] if the child is committed to the Texas
167	167	Juvenile Justice Department [Youth Commission] or released under
168	168	supervision by the Texas Juvenile Justice Department [Youth
169	169	Commission], determine whether the child's needs for treatment,
170	170	rehabilitation, and education are being met; and
171	171	(14) [(13)] determine the date for dismissal of the
172	172	suit under this chapter and give notice in open court to all parties
173	173	of:
174	174	(A) the dismissal date;
175	175	(B) the date of the next permanency hearing; and
176	176	(C) the date the suit is set for trial.
177	177	SECTION 6. Subdivision (3), Subsection (a), Section
178	178	411.114, Government Code, as amended by Chapters 598 (S.B. 218),
179	179	1056 (S.B. 221), and 1082 (S.B. 1178), Acts of the 82nd Legislature,
180	180	Regular Session, 2011, is reenacted and amended to read as follows:
181	181	(3) The Department of Family and Protective Services
182	182	is entitled to obtain from the department criminal history record
183	183	information maintained by the department that relates to a person
184	184	who is:
185	185	(A) a volunteer or applicant volunteer with a
186	186	local affiliate in this state of Big Brothers/Big Sisters of
187	187	America;
188	188	(B) a volunteer or applicant volunteer with the
189	189	"I Have a Dream/Houston" program;
190	190	(C) a volunteer or applicant volunteer with an
191	191	organization that provides court-appointed special advocates for
192	192	abused or neglected children;
193	193	(D) a person providing, at the request of the
194	194	child's parent, in-home care for a child who is the subject of a
195	195	report alleging the child has been abused or neglected;
196	196	(E) a volunteer or applicant volunteer with a
197	197	Texas chapter of the Make-a-Wish Foundation of America;
198	198	(F) a person providing, at the request of the
199	199	child's parent, in-home care for a child only if the person gives
200	200	written consent to the release and disclosure of the information;
201	201	(G) a child who is related to the caretaker, as
202	202	determined under Section 42.002, Human Resources Code, and who
203	203	resides in or is present in a child-care facility or family home,
204	204	other than a child described by Subdivision (2)(C), or any other
205	205	person who has unsupervised access to a child in the care of a
206	206	child-care facility or family home;
207	207	(H) an applicant for a position with the
208	208	Department of Family and Protective Services, other than a position
209	209	described by Subdivision (2)(D), regardless of the duties of the
210	210	position;
211	211	(I) a volunteer or applicant volunteer with the
212	212	Department of Family and Protective Services, other than a
213	213	registered volunteer, regardless of the duties to be performed;
214	214	(J) a person providing or applying to provide
215	215	in-home, adoptive, or foster care for children to the extent
216	216	necessary to comply with Subchapter B, Chapter 162, Family Code;
217	217	(K) a Department of Family and Protective
218	218	Services employee, other than an employee described by Subdivision
219	219	(2)(H), regardless of the duties of the employee's position;
220	220	(L) a relative of a child in the care of the
221	221	Department of Family and Protective Services, to the extent
222	222	necessary to comply with Section 162.007, Family Code;
223	223	(M) a person, other than an alleged perpetrator
224	224	in a report described in Subdivision (2)(I), living in the
225	225	residence in which the alleged victim of the report resides;
226	226	(N) a contractor or an employee of a contractor
227	227	who delivers services to a ward of the Department of Family and
228	228	Protective Services under a contract with the estate of the ward;
229	229	(O) a person who seeks unsupervised visits with a
230	230	ward of the Department of Family and Protective Services, including
231	231	a relative of the ward;
232	232	(P) an employee, volunteer, or applicant
233	233	volunteer of a children's advocacy center under Subchapter E,
234	234	Chapter 264, Family Code, including a member of the governing board
235	235	of a center; [or]
236	236	(Q) an employee of, an applicant for employment
237	237	with, or a volunteer or an applicant volunteer with an entity or
238	238	person that contracts with the Department of Family and Protective
239	239	Services and has access to confidential information in the
240	240	department's records, if the employee, applicant, volunteer, or
241	241	applicant volunteer has or will have access to that confidential
242	242	information;
243	243	(R) [(Q)] an employee of or volunteer at, or an
244	244	applicant for employment with or to be a volunteer at, an entity
245	245	that provides supervised independent living services to a young
246	246	adult receiving extended foster care services from the Department
247	247	of Family and Protective Services; [or]
248	248	(S) [(R)] a person 14 years of age or older who
249	249	will be regularly or frequently working or staying in a host home
250	250	that is providing supervised independent living services to a young
251	251	adult receiving extended foster care services from the Department
252	252	of Family and Protective Services; or
253	253	(T) a person who volunteers to supervise
254	254	visitation under Subchapter B, Chapter 263, Family Code.
255	255	SECTION 7. The changes in law made by this Act apply only to
256	256	a child who is taken into possession by the Department of Family and
257	257	Protective Services on or after the effective date of this Act. A
258	258	child taken into possession by the Department of Family and
259	259	Protective Services before the effective date of this Act is
260	260	governed by the law in effect on the date the child was taken into
261	261	possession, and the former law is continued in effect for that
262	262	purpose.
263	263	SECTION 8. To the extent of any conflict, this Act prevails
264	264	over another Act of the 83rd Legislature, Regular Session, 2013,
265	265	relating to nonsubstantive additions to and corrections in enacted
266	266	codes.
267	267	SECTION 9. This Act takes effect September 1, 2013.