Texas 2015 - 84th Regular

Texas Senate Bill SB1407 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Schwertner, et al. S.B. No. 1407
2		-	(Dukes)
	1	+	S.B. No. 1407
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to encouraging age-appropriate normalcy activities for
8	6		children in the managing conservatorship of the state.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 263.001(a), Family Code, is amended by
11	9		amending Subdivision (1-a) and adding Subdivision (1-b) to read as
12	10		follows:
13	11		(1-a) "Age-appropriate normalcy activity" has the
14	12		meaning assigned by Section 264.001.
15	13		(1-b) "Department" means the Department of Family and
16	14		Protective Services.
17	15		SECTION 2. Section 263.306, Family Code, is amended by
18	16		adding Subsection (c) to read as follows:
19	17		(c) In addition to the requirements of Subsection (a), at
20	18		each permanency hearing the court shall review the department's
21	19		efforts to ensure that the child has regular, ongoing opportunities
22	20		to engage in age-appropriate normalcy activities, including
23	21		activities not listed in the child's service plan.
24	22		SECTION 3. Section 263.503, Family Code, is amended by
25	23		adding Subsection (c) to read as follows:
26	24		(c) In addition to the requirements of Subsection (a), at
27	25		each placement review hearing the court shall review the
28	26		department's efforts to ensure that the child has regular, ongoing
29	27		opportunities to engage in age-appropriate normalcy activities,
30	28		including activities not listed in the child's service plan.
31	29		SECTION 4. Section 264.001, Family Code, is amended by
32	30		amending Subdivision (1) and adding Subdivisions (1-a) and (5) to
33	31		read as follows:
34	32		(1) "Age-appropriate normalcy activity" means an
35	33		activity or experience:
36	34		(A) that is generally accepted as suitable for a
37	35		child's age or level of maturity or that is determined to be
38	36		developmentally appropriate for a child based on the development of
39	37		cognitive, emotional, physical, and behavioral capacities that are
40	38		typical for the age or age group; and
41	39		(B) in which a child who is not in the
42	40		conservatorship of the state is generally allowed to participate,
43	41		including extracurricular activities, in-school and out-of-school
44	42		social activities, cultural and enrichment activities, and
45	43		employment opportunities.
46	44		(1-a) "Department" means the Department of Family and
47	45		Protective Services.
48	46		(5) "Standard of care of a reasonable and prudent
49	47		parent" means the standard of care that a parent of reasonable
50	48		judgment, skill, and caution would exercise in addressing the
51	49		health, safety, and welfare of a child while encouraging the
52	50		emotional and developmental growth of the child, taking into
53	51		consideration:
54	52		(A) the overall health and safety of the child;
55	53		(B) the child's age, maturity, and development
56	54		level;
57	55		(C) the best interest of the child based on the
58	56		caregiver's knowledge of the child;
59	57		(D) the appropriateness of a proposed activity
60	58		and any potential risk factors;
61	59		(E) the behavioral history of the child and the
62	60		child's ability to safely participate in a proposed activity;
63	61		(F) the importance of encouraging the child's
64	62		social, emotional, and developmental growth; and
65	63		(G) the importance of providing the child with
66	64		the most family-like living experience possible.
67	65		SECTION 5. The heading to Section 264.114, Family Code, is
68	66		amended to read as follows:
69	67		Sec. 264.114. IMMUNITY FROM LIABILITY; ADVERSE
70	68		DEPARTMENTAL ACTION PROHIBITED.
71	69		SECTION 6. Section 264.114, Family Code, is amended by
72	70		adding Subsections (c) and (d) to read as follows:
73	71		(c) A foster parent, other substitute caregiver, family
74	72		relative or other designated caregiver, or licensed child placing
75	73		agency caring for a child in the managing conservatorship of the
76	74		department is not liable for harm caused to the child resulting from
77	75		the child's participation in an age-appropriate normalcy activity
78	76		approved by the caregiver if, in approving the child's
79	77		participation in the activity, the caregiver exercised the standard
80	78		of care of a reasonable and prudent parent.
81	79		(d) A licensed child placing agency is not subject to
82	80		adverse action by the department, including contractual action or
83	81		licensing or other regulatory action, arising out of the conduct of
84	82		a foster parent who has exercised the standard of care of a
85	83		reasonable and prudent parent.
86	84		SECTION 7. Subchapter B, Chapter 264, Family Code, is
87	85		amended by adding Section 264.125 to read as follows:
88	86		Sec. 264.125. AGE-APPROPRIATE NORMALCY ACTIVITIES;
89	87		STANDARD OF CARE. (a) The department shall use its best efforts to
90	88		normalize the lives of children in the managing conservatorship of
91	89		the department by allowing substitute caregivers, without the
92	90		department's prior approval, to make decisions similar to those a
93	91		parent would be entitled to make regarding a child's participation
94	92		in age-appropriate normalcy activities.
95	93		(b) In determining whether to allow a child in the managing
96	94		conservatorship of the department to participate in an activity, a
97	95		substitute caregiver must exercise the standard of care of a
98	96		reasonable and prudent parent.
99	97		(c) The department shall adopt and implement policies
100	98		consistent with this section promoting a substitute caregiver's
101	99		ability to make decisions described by Subsection (a). The
102	100		department shall identify and review any departmental policy or
103	101		procedure that may impede a substitute caregiver's ability to make
104	102		such decisions.
105	103		(d) The department shall require licensed child placing
106	104		agency personnel, residential child care licensing staff,
107	105		conservatorship caseworkers, and other persons as may be determined
108	106		by the department to complete a course of training regarding:
109	107		(1) the importance of a child's participation in
110	108		age-appropriate normalcy activities and the benefits of such
111	109		activities to a child's well-being, mental health, and social,
112	110		emotional, and developmental growth; and
113	111		(2) substitute caregiver decision-making under the
114	112		standard of care of a reasonable and prudent parent.
115	113		SECTION 8. The changes in law made by this Act to Sections
116	114		263.306 and 263.503, Family Code, apply only to a permanency
117	115		hearing or a placement review hearing conducted under Chapter 263,
118	116		Family Code, on or after the effective date of this Act. A
119	117		permanency hearing or a placement review hearing conducted before
120	118		the effective date of this Act is governed by the law in effect on
121	119		the date the hearing was conducted, and the former law is continued
122	120		in effect for that purpose.
123	121		SECTION 9. This Act takes effect September 1, 2015.
	122	+	______________________________ ______________________________
	123	+	President of the Senate Speaker of the House
	124	+	I hereby certify that S.B. No. 1407 passed the Senate on
	125	+	April 9, 2015, by the following vote: Yeas 31, Nays 0.
	126	+	______________________________
	127	+	Secretary of the Senate
	128	+	I hereby certify that S.B. No. 1407 passed the House on
	129	+	May 15, 2015, by the following vote: Yeas 135, Nays 4, two
	130	+	present not voting.
	131	+	______________________________
	132	+	Chief Clerk of the House
	133	+	Approved:
	134	+	______________________________
	135	+	Date
	136	+	______________________________
	137	+	Governor