Texas 2015 - 84th Regular

Texas House Bill HB4121 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R21256 MK-D
2	2	By: Hughes, King of Taylor H.B. No. 4121
3	3	Substitute the following for H.B. No. 4121:
4	4	By: Raymond C.S.H.B. No. 4121
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to service plans and placements for children under the
10	10	care of the Department of Family and Protective Services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 263.102, Family Code, is amended by
13	13	adding Subsection (b-1) to read as follows:
14	14	(b-1) Unless otherwise ordered by a court, a service plan
15	15	must include the following statement prominently displayed
16	16	immediately above each parent's signature in at least 12-point type
17	17	that is boldfaced and capitalized:
18	18	THIS SERVICE PLAN IS NOT MANDATORY. THIS SERVICE PLAN IS
19	19	MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE
20	20	SERVICES. YOU ARE NOT REQUIRED TO SIGN IT. ALTHOUGH YOU MAY SIGN IT
21	21	IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS SERVICE
22	22	PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD. YOUR
23	23	REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF CHILD ABUSE
24	24	OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN
25	25	ADMISSION OF CHILD ABUSE OR NEGLECT. A VIOLATION OF THIS SERVICE
26	26	PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR PARENTAL
27	27	RIGHTS AND DUTIES. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE
28	28	SIGNING THIS SERVICE PLAN.
29	29	SECTION 2. Sections 263.103(a-1) and (c), Family Code, as
30	30	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
31	31	2015, are amended to read as follows:
32	32	(a-1) Before the original service plan is signed, the
33	33	child's parents and the representative of the department shall
34	34	discuss each term and condition of the plan. The representative
35	35	shall inform the child's parents that compliance with the service
36	36	plan is voluntary.
37	37	(c) If the department determines that the child's parents
38	38	are unable or unwilling to participate in the development of the
39	39	original service plan or sign the plan, a parent or the department
40	40	may file a motion for a hearing to approve the plan. The court may
41	41	accept or modify the plan based on the testimony of the parties
42	42	[without the parents' signatures].
43	43	SECTION 3. Section 263.104, Family Code, as amended by S.B.
44	44	219, Acts of the 84th Legislature, Regular Session, 2015, is
45	45	amended by adding Subsection (a-1) and amending Subsection (b) to
46	46	read as follows:
47	47	(a-1) If the department or other authorized agency
48	48	determines that the child's parents are unable or unwilling to sign
49	49	the amended service plan, a parent or the department may file a
50	50	motion for a hearing to approve the amended service plan. The court
51	51	may accept or modify the amended service plan based on the testimony
52	52	of the parties.
53	53	(b) The amended service plan supersedes the previously
54	54	filed service plan and takes effect when:
55	55	(1) the child's parents and the appropriate
56	56	representative of the department sign the plan; or
57	57	(2) the court issues an order giving effect to the
58	58	plan [the department determines that the child's parents are
59	59	unable or unwilling to sign the amended plan and files it] without
60	60	the parents' signatures.
61	61	SECTION 4. Section 264.751(1), Family Code, is amended to
62	62	read as follows:
63	63	(1) "Designated caregiver" means an individual [who
64	64	has a longstanding and significant relationship with a child for
65	65	whom the department has been appointed managing conservator and]
66	66	who:
67	67	(A) is appointed to provide substitute care for
68	68	a [the] child for whom the department has been appointed managing
69	69	conservator, but is not licensed by the department or verified by a
70	70	licensed child-placing agency or the department to operate a foster
71	71	home, foster group home, agency foster home, or agency foster group
72	72	home under Chapter 42, Human Resources Code; or
73	73	(B) is subsequently appointed permanent managing
74	74	conservator of the child after providing the care described by
75	75	Paragraph (A).
76	76	SECTION 5. Section 264.752, Family Code, is amended by
77	77	adding Subsection (d) to read as follows:
78	78	(d) There is a rebuttable presumption that placing a child
79	79	in the care of a person designated by the parent or other person
80	80	having legal custody of the child is in the best interest of the
81	81	child.
82	82	SECTION 6. Section 264.753, Family Code, as amended by S.B.
83	83	219, Acts of the 84th Legislature, Regular Session, 2015, is
84	84	amended to read as follows:
85	85	Sec. 264.753. EXPEDITED PLACEMENT. The department shall
86	86	expedite the completion of the background and criminal history
87	87	check[, the home study,] and any other administrative procedure to
88	88	ensure that the child is placed with a qualified relative or
89	89	caregiver as soon as possible after the date the caregiver is
90	90	identified.
91	91	SECTION 7. Section 264.754, Family Code, is amended to read
92	92	as follows:
93	93	Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF
94	94	CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [Before]
95	95	placing a child with a proposed relative or other designated
96	96	caregiver, the department may [must] conduct a comprehensive [an]
97	97	investigation, including a home study, to determine whether the
98	98	[proposed] placement provides a safe environment for the child [is
99	99	in the child's best interest].
100	100	SECTION 8. The changes in law made by this Act to Sections
101	101	263.102, 263.103, and 263.104, Family Code, apply only to a service
102	102	plan filed by the Department of Family and Protective Services and
103	103	submitted to a child's parent on or after the effective date of this
104	104	Act. A service plan filed by the department and submitted to a
105	105	child's parent before the effective date of this Act is governed by
106	106	the law in effect on the date the service plan was filed, and the
107	107	former law is continued in effect for that purpose.
108	108	SECTION 9. The changes in law made by this Act to Sections
109	109	264.751, 264.752, 264.753, and 264.754, Family Code, apply only to
110	110	an investigation of a report of child abuse or neglect that is made
111	111	on or after the effective date of this Act. A report that is made
112	112	before the effective date of this Act is governed by the law in
113	113	effect on the date the report was made, and the former law is
114	114	continued in effect for that purpose.
115	115	SECTION 10. This Act takes effect September 1, 2015.