84R21256 MK-D
By: Hughes, King of Taylor H.B. No. 4121
Substitute the following for H.B. No. 4121:
By: Raymond C.S.H.B. No. 4121
A BILL TO BE ENTITLED
AN ACT
relating to service plans and placements for children under the
care of the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.102, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Unless otherwise ordered by a court, a service plan
must include the following statement prominently displayed
immediately above each parent's signature in at least 12-point type
that is boldfaced and capitalized:
THIS SERVICE PLAN IS NOT MANDATORY. THIS SERVICE PLAN IS
MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES. YOU ARE NOT REQUIRED TO SIGN IT. ALTHOUGH YOU MAY SIGN IT
IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS SERVICE
PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD. YOUR
REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF CHILD ABUSE
OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN
ADMISSION OF CHILD ABUSE OR NEGLECT. A VIOLATION OF THIS SERVICE
PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR PARENTAL
RIGHTS AND DUTIES. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE
SIGNING THIS SERVICE PLAN.
SECTION 2. Sections 263.103(a-1) and (c), Family Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, are amended to read as follows:
(a-1) Before the original service plan is signed, the
child's parents and the representative of the department shall
discuss each term and condition of the plan. The representative
shall inform the child's parents that compliance with the service
plan is voluntary.
(c) If the department determines that the child's parents
are unable or unwilling to participate in the development of the
original service plan or sign the plan, a parent or the department
may file a motion for a hearing to approve the plan. The court may
accept or modify the plan based on the testimony of the parties
[without the parents' signatures].
SECTION 3. Section 263.104, Family Code, as amended by S.B.
219, Acts of the 84th Legislature, Regular Session, 2015, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) If the department or other authorized agency
determines that the child's parents are unable or unwilling to sign
the amended service plan, a parent or the department may file a
motion for a hearing to approve the amended service plan. The court
may accept or modify the amended service plan based on the testimony
of the parties.
(b) The amended service plan supersedes the previously
filed service plan and takes effect when:
(1) the child's parents and the appropriate
representative of the department sign the plan; or
(2) the court issues an order giving effect to the
plan [the department determines that the child's parents are
unable or unwilling to sign the amended plan and files it] without
the parents' signatures.
SECTION 4. Section 264.751(1), Family Code, is amended to
read as follows:
(1) "Designated caregiver" means an individual [who
has a longstanding and significant relationship with a child for
whom the department has been appointed managing conservator and]
who:
(A) is appointed to provide substitute care for
a [the] child for whom the department has been appointed managing
conservator, but is not licensed by the department or verified by a
licensed child-placing agency or the department to operate a foster
home, foster group home, agency foster home, or agency foster group
home under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
SECTION 5. Section 264.752, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) There is a rebuttable presumption that placing a child
in the care of a person designated by the parent or other person
having legal custody of the child is in the best interest of the
child.
SECTION 6. Section 264.753, Family Code, as amended by S.B.
219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
Sec. 264.753. EXPEDITED PLACEMENT. The department shall
expedite the completion of the background and criminal history
check[, the home study,] and any other administrative procedure to
ensure that the child is placed with a qualified relative or
caregiver as soon as possible after the date the caregiver is
identified.
SECTION 7. Section 264.754, Family Code, is amended to read
as follows:
Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF
CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [Before]
placing a child with a proposed relative or other designated
caregiver, the department may [must] conduct a comprehensive [an]
investigation, including a home study, to determine whether the
[proposed] placement provides a safe environment for the child [is
in the child's best interest].
SECTION 8. The changes in law made by this Act to Sections
263.102, 263.103, and 263.104, Family Code, apply only to a service
plan filed by the Department of Family and Protective Services and
submitted to a child's parent on or after the effective date of this
Act. A service plan filed by the department and submitted to a
child's parent before the effective date of this Act is governed by
the law in effect on the date the service plan was filed, and the
former law is continued in effect for that purpose.
SECTION 9. The changes in law made by this Act to Sections
264.751, 264.752, 264.753, and 264.754, Family Code, apply only to
an investigation of a report of child abuse or neglect that is made
on or after the effective date of this Act. A report that is made
before the effective date of this Act is governed by the law in
effect on the date the report was made, and the former law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2015.