Texas 2017 - 85th Regular

Texas House Bill HB1968 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R16992 MCK-F
2	2	By: Bernal H.B. No. 1968
3	3	Substitute the following for H.B. No. 1968:
4	4	By: Schofield C.S.H.B. No. 1968
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures for certain hearings in a suit affecting the
10	10	parent-child relationship filed by the Department of Family and
11	11	Protective Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 263.5031, Family Code, is amended to
14	14	read as follows:
15	15	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
16	16	At each permanency hearing after the court renders a final order,
17	17	the court shall:
18	18	(1) identify all persons and parties present at the
19	19	hearing;
20	20	(2) review the efforts of the department or other
21	21	agency in notifying persons entitled to notice under Section
22	22	263.0021; [and]
23	23	(3) review the permanency progress report to
24	24	determine:
25	25	(A) the safety and well-being of the child and
26	26	whether the child's needs, including any medical or special needs,
27	27	are being adequately addressed;
28	28	(B) the continuing necessity and appropriateness
29	29	of the placement of the child, including with respect to a child who
30	30	has been placed outside of this state, whether the placement
31	31	continues to be in the best interest of the child;
32	32	(C) if the child is placed in institutional care,
33	33	whether efforts have been made to ensure that the child is placed in
34	34	the least restrictive environment consistent with the child's best
35	35	interest and special needs;
36	36	(D) the appropriateness of the primary and
37	37	alternative permanency goals for the child, whether the department
38	38	has made reasonable efforts to finalize the permanency plan,
39	39	including the concurrent permanency goals, in effect for the child,
40	40	and whether:
41	41	(i) the department has exercised due
42	42	diligence in attempting to place the child for adoption if parental
43	43	rights to the child have been terminated and the child is eligible
44	44	for adoption; or
45	45	(ii) another permanent placement,
46	46	including appointing a relative as permanent managing conservator
47	47	or returning the child to a parent, is appropriate for the child;
48	48	(E) for a child whose permanency goal is another
49	49	planned permanent living arrangement:
50	50	(i) the desired permanency outcome for the
51	51	child, by asking the child; and
52	52	(ii) whether, as of the date of the hearing,
53	53	another planned permanent living arrangement is the best permanency
54	54	plan for the child and, if so, provide compelling reasons why it
55	55	continues to not be in the best interest of the child to:
56	56	(a) return home;
57	57	(b) be placed for adoption;
58	58	(c) be placed with a legal guardian;
59	59	or
60	60	(d) be placed with a fit and willing
61	61	relative;
62	62	(F) if the child is 14 years of age or older,
63	63	whether services that are needed to assist the child in
64	64	transitioning from substitute care to independent living are
65	65	available in the child's community;
66	66	(G) whether the child is receiving appropriate
67	67	medical care and has been provided the opportunity, in a
68	68	developmentally appropriate manner, to express the child's opinion
69	69	on any medical care provided;
70	70	(H) for a child receiving psychotropic
71	71	medication, whether the child:
72	72	(i) has been provided appropriate
73	73	nonpharmacological interventions, therapies, or strategies to meet
74	74	the child's needs; or
75	75	(ii) has been seen by the prescribing
76	76	physician, physician assistant, or advanced practice nurse at least
77	77	once every 90 days;
78	78	(I) whether an education decision-maker for the
79	79	child has been identified, the child's education needs and goals
80	80	have been identified and addressed, and there are major changes in
81	81	the child's school performance or there have been serious
82	82	disciplinary events;
83	83	(J) for a child for whom the department has been
84	84	named managing conservator in a final order that does not include
85	85	termination of parental rights, whether to order the department to
86	86	provide services to a parent for not more than six months after the
87	87	date of the permanency hearing if:
88	88	(i) the child has not been placed with a
89	89	relative or other individual, including a foster parent, who is
90	90	seeking permanent managing conservatorship of the child; and
91	91	(ii) the court determines that further
92	92	efforts at reunification with a parent are:
93	93	(a) in the best interest of the child;
94	94	and
95	95	(b) likely to result in the child's
96	96	safe return to the child's parent; and
97	97	(K) whether the department has identified a
98	98	family or other caring adult who has made a permanent commitment to
99	99	the child; and
100	100	(4) if the child is 16 years of age or older, determine
101	101	whether the department has provided the child with the following:
102	102	(A) the child's birth certificate;
103	103	(B) a social security card or a replacement
104	104	social security card;
105	105	(C) a driver's license or personal
106	106	identification certificate under Chapter 521, Transportation Code;
107	107	(D) the information contained in the child's
108	108	health passport, including the child's immunization records, as
109	109	required under Section 266.006;
110	110	(E) proof of enrollment of the child in Medicaid,
111	111	if appropriate; and
112	112	(F) written information advising the child of
113	113	postsecondary education benefits and opportunities available to
114	114	the child, including the tuition exemption for former foster
115	115	children under Section 54.366, Education Code.
116	116	SECTION 2. The change in law made by this Act applies to a
117	117	suit affecting the parent-child relationship that is pending on or
118	118	filed on or after the effective date of this Act.
119	119	SECTION 3. This Act takes effect September 1, 2017.