By: Giddings, White of Bell H.B. No. 825
(Senate Sponsor - Uresti)
(In the Senate - Received from the House May 4, 2015;
May 11, 2015, read first time and referred to Committee on State
Affairs; May 21, 2015, reported favorably by the following vote:
Yeas 9, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to procedures for identifying any Native American heritage
of children in certain hearings in suits affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.201, Family Code, is amended by
adding Subsection (a-4) to read as follows:
(a-4) The court shall ask all parties present at the full
adversary hearing whether the child or the child's family has a
Native American heritage and identify any Native American tribe
with which the child may be associated.
SECTION 2. Section 263.202, Family Code, is amended by
adding Subsection (f-1) to read as follows:
(f-1) The court shall ask all parties present at the status
hearing whether the child or the child's family has a Native
American heritage and identify any Native American tribe with which
the child may be associated.
SECTION 3. Section 263.306(a), Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, 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 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) 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) 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) evaluate the parties' compliance with temporary
orders and the service plan;
(9) ask all parties present whether the child or the
child's family has a Native American heritage and identify any
Native American tribe with which the child may be associated;
(10) identify an education decision-maker for the
child if one has not previously been identified;
(11) [(10)] review the medical care provided to the
child as required by Section 266.007;
(12) [(11)] ensure the child has been provided the
opportunity, in a developmentally appropriate manner, to express
the child's opinion on the medical care provided;
(13) [(12)] for a child receiving psychotropic
medication, determine whether the child:
(A) has been provided appropriate psychosocial
therapies, behavior strategies, and other non-pharmacological
interventions; and
(B) has been seen by the prescribing physician,
physician assistant, or advanced practice nurse at least once every
90 days for purposes of the review required by Section 266.011;
(14) [(13)] 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;
(15) [(14)] 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;
(16) [(15)] 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;
(17) [(16)] 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;
(18) [(17)] if the child is committed to the Texas
Juvenile Justice Department or released under supervision by the
Texas Juvenile Justice Department, determine whether the child's
needs for treatment, rehabilitation, and education are being met;
and
(19) [(18)] 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 4. The changes in law made by this Act to Sections
262.201, 263.202, and 263.306, Family Code, apply only to a hearing
held on or after the effective date of this Act.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2015.
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