Texas 2015 - 84th Regular

Texas House Bill HB825 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Giddings, White of Bell H.B. No. 825
2		-	(Senate Sponsor - Uresti)
3		-	(In the Senate - Received from the House May 4, 2015;
4		-	May 11, 2015, read first time and referred to Committee on State
5		-	Affairs; May 21, 2015, reported favorably by the following vote:
6		-	Yeas 9, Nays 0; May 21, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 825
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to procedures for identifying any Native American heritage
13	6		of children in certain hearings in suits affecting the parent-child
14	7		relationship.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 262.201, Family Code, is amended by
17	10		adding Subsection (a-4) to read as follows:
18	11		(a-4) The court shall ask all parties present at the full
19	12		adversary hearing whether the child or the child's family has a
20	13		Native American heritage and identify any Native American tribe
21	14		with which the child may be associated.
22	15		SECTION 2. Section 263.202, Family Code, is amended by
23	16		adding Subsection (f-1) to read as follows:
24	17		(f-1) The court shall ask all parties present at the status
25	18		hearing whether the child or the child's family has a Native
26	19		American heritage and identify any Native American tribe with which
27	20		the child may be associated.
28	21		SECTION 3. Section 263.306(a), Family Code, as amended by
29	22		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
30	23		amended to read as follows:
31	24		(a) At each permanency hearing the court shall:
32	25		(1) identify all persons or parties present at the
33	26		hearing or those given notice but failing to appear;
34	27		(2) review the efforts of the department in:
35	28		(A) attempting to locate all necessary persons;
36	29		(B) requesting service of citation; and
37	30		(C) obtaining the assistance of a parent in
38	31		providing information necessary to locate an absent parent, alleged
39	32		father, or relative of the child;
40	33		(3) review the efforts of each custodial parent,
41	34		alleged father, or relative of the child before the court in
42	35		providing information necessary to locate another absent parent,
43	36		alleged father, or relative of the child;
44	37		(4) review any visitation plan or amended plan
45	38		required under Section 263.107 and render any orders for visitation
46	39		the court determines necessary;
47	40		(5) return the child to the parent or parents if the
48	41		child's parent or parents are willing and able to provide the child
49	42		with a safe environment and the return of the child is in the
50	43		child's best interest;
51	44		(6) place the child with a person or entity, other than
52	45		a parent, entitled to service under Chapter 102 if the person or
53	46		entity is willing and able to provide the child with a safe
54	47		environment and the placement of the child is in the child's best
55	48		interest;
56	49		(7) evaluate the department's efforts to identify
57	50		relatives who could provide the child with a safe environment, if
58	51		the child is not returned to a parent or another person or entity
59	52		entitled to service under Chapter 102;
60	53		(8) evaluate the parties' compliance with temporary
61	54		orders and the service plan;
62	55		(9) ask all parties present whether the child or the
63	56		child's family has a Native American heritage and identify any
64	57		Native American tribe with which the child may be associated;
65	58		(10) identify an education decision-maker for the
66	59		child if one has not previously been identified;
67	60		(11) [(10)] review the medical care provided to the
68	61		child as required by Section 266.007;
69	62		(12) [(11)] ensure the child has been provided the
70	63		opportunity, in a developmentally appropriate manner, to express
71	64		the child's opinion on the medical care provided;
72	65		(13) [(12)] for a child receiving psychotropic
73	66		medication, determine whether the child:
74	67		(A) has been provided appropriate psychosocial
75	68		therapies, behavior strategies, and other non-pharmacological
76	69		interventions; and
77	70		(B) has been seen by the prescribing physician,
78	71		physician assistant, or advanced practice nurse at least once every
79	72		90 days for purposes of the review required by Section 266.011;
80	73		(14) [(13)] determine whether:
81	74		(A) the child continues to need substitute care;
82	75		(B) the child's current placement is appropriate
83	76		for meeting the child's needs, including with respect to a child who
84	77		has been placed outside of the state, whether that placement
85	78		continues to be in the best interest of the child; and
86	79		(C) other plans or services are needed to meet
87	80		the child's special needs or circumstances;
88	81		(15) [(14)] if the child is placed in institutional
89	82		care, determine whether efforts have been made to ensure placement
90	83		of the child in the least restrictive environment consistent with
91	84		the best interest and special needs of the child;
92	85		(16) [(15)] if the child is 16 years of age or older,
93	86		order services that are needed to assist the child in making the
94	87		transition from substitute care to independent living if the
95	88		services are available in the community;
96	89		(17) [(16)] determine plans, services, and further
97	90		temporary orders necessary to ensure that a final order is rendered
98	91		before the date for dismissal of the suit under this chapter;
99	92		(18) [(17)] if the child is committed to the Texas
100	93		Juvenile Justice Department or released under supervision by the
101	94		Texas Juvenile Justice Department, determine whether the child's
102	95		needs for treatment, rehabilitation, and education are being met;
103	96		and
104	97		(19) [(18)] determine the date for dismissal of the
105	98		suit under this chapter and give notice in open court to all parties
106	99		of:
107	100		(A) the dismissal date;
108	101		(B) the date of the next permanency hearing; and
109	102		(C) the date the suit is set for trial.
110	103		SECTION 4. The changes in law made by this Act to Sections
111	104		262.201, 263.202, and 263.306, Family Code, apply only to a hearing
112	105		held on or after the effective date of this Act.
113	106		SECTION 5. To the extent of any conflict, this Act prevails
114	107		over another Act of the 84th Legislature, Regular Session, 2015,
115	108		relating to nonsubstantive additions to and corrections in enacted
116	109		codes.
117	110		SECTION 6. This Act takes effect September 1, 2015.
118		-	* * * * *
	111	+	______________________________ ______________________________
	112	+	President of the Senate Speaker of the House
	113	+	I certify that H.B. No. 825 was passed by the House on April
	114	+	30, 2015, by the following vote: Yeas 125, Nays 15, 2 present, not
	115	+	voting.
	116	+	______________________________
	117	+	Chief Clerk of the House
	118	+	I certify that H.B. No. 825 was passed by the Senate on May
	119	+	26, 2015, by the following vote: Yeas 29, Nays 2.
	120	+	______________________________
	121	+	Secretary of the Senate
	122	+	APPROVED: _____________________
	123	+	Date
	124	+	_____________________
	125	+	Governor