Texas 2017 - 85th Regular

Texas House Bill HB3109 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R25538 MM-D
2	2	By: Giddings H.B. No. 3109
3	3	Substitute the following for H.B. No. 3109:
4	4	By: Minjarez C.S.H.B. No. 3109
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of a guardian ad litem or an attorney ad
10	10	litem for a child in the conservatorship of the Department of Family
11	11	and Protective Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 107.016, Family Code, is amended to read
14	14	as follows:
15	15	Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
16	16	APPOINTMENT. In a suit filed by a governmental entity in which
17	17	termination of the parent-child relationship or appointment of the
18	18	entity as conservator of the child is requested:
19	19	(1) an order appointing the Department of Family and
20	20	Protective Services as the child's managing conservator may provide
21	21	for the continuation of the appointment of the guardian ad litem [or
22	22	attorney ad litem] for the child for any period during the time the
23	23	child remains in the conservatorship of the department, as set by
24	24	the court; [and]
25	25	(2) subject to Section 263.4042, an order appointing
26	26	the Department of Family and Protective Services as the child's
27	27	managing conservator shall provide for the continuation of the
28	28	appointment of the attorney ad litem for the child as long as the
29	29	child remains in the conservatorship of the department; and
30	30	(3) an attorney appointed under this subchapter to
31	31	serve as an attorney ad litem for a parent or an alleged father
32	32	continues to serve in that capacity until the earliest of:
33	33	(A) the date the suit affecting the parent-child
34	34	relationship is dismissed;
35	35	(B) the date all appeals in relation to any final
36	36	order terminating parental rights are exhausted or waived; or
37	37	(C) the date the attorney is relieved of the
38	38	attorney's duties or replaced by another attorney after a finding
39	39	of good cause is rendered by the court on the record.
40	40	SECTION 2. Subchapter E, Chapter 263, Family Code, is
41	41	amended by adding Section 263.4042 to read as follows:
42	42	Sec. 263.4042. CONTINUED APPOINTMENT OF ATTORNEY AD LITEM
43	43	AFTER FINAL ORDER. (a) On the entry of a final order terminating
44	44	the parent-child relationship and naming the Department of Family
45	45	and Protective Services as the child's managing conservator, the
46	46	court may discharge the attorney ad litem appointed for the child if
47	47	the court finds that:
48	48	(1) the child has a representative authorized by the
49	49	court to represent the legal interests of the child and discharge of
50	50	the attorney ad litem is in the child's best interest; or
51	51	(2) the child:
52	52	(A) resides in the home identified in the child's
53	53	permanency plan as the child's permanent home;
54	54	(B) has an attorney ad litem or guardian ad litem
55	55	who does not object to the child's permanency plan; and
56	56	(C) has resided in the home described by
57	57	Paragraph (A) for at least three months.
58	58	(b) If a court renders an order discharging a child's
59	59	attorney ad litem under Subsection (a), at each permanency hearing
60	60	following the final order held under Section 263.501, the court
61	61	shall make the findings required by Section 263.5031.
62	62	SECTION 3. Section 263.5031, Family Code, is amended to
63	63	read as follows:
64	64	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
65	65	(a) At each permanency hearing after the court renders a final
66	66	order, the court shall:
67	67	(1) identify all persons and parties present at the
68	68	hearing;
69	69	(2) review the efforts of the department or other
70	70	agency in notifying persons entitled to notice under Section
71	71	263.0021; and
72	72	(3) review the permanency progress report to
73	73	determine:
74	74	(A) the safety and well-being of the child and
75	75	whether the child's needs, including any medical or special needs,
76	76	are being adequately addressed;
77	77	(B) the continuing necessity and appropriateness
78	78	of the placement of the child, including with respect to a child who
79	79	has been placed outside of this state, whether the placement
80	80	continues to be in the best interest of the child;
81	81	(C) if the child is placed in institutional care,
82	82	whether efforts have been made to ensure that the child is placed in
83	83	the least restrictive environment consistent with the child's best
84	84	interest and special needs;
85	85	(D) the appropriateness of the primary and
86	86	alternative permanency goals for the child, whether the department
87	87	has made reasonable efforts to finalize the permanency plan,
88	88	including the concurrent permanency goals, in effect for the child,
89	89	and whether:
90	90	(i) the department has exercised due
91	91	diligence in attempting to place the child for adoption if parental
92	92	rights to the child have been terminated and the child is eligible
93	93	for adoption; or
94	94	(ii) another permanent placement,
95	95	including appointing a relative as permanent managing conservator
96	96	or returning the child to a parent, is appropriate for the child;
97	97	(E) for a child whose permanency goal is another
98	98	planned permanent living arrangement:
99	99	(i) the desired permanency outcome for the
100	100	child, by asking the child; and
101	101	(ii) whether, as of the date of the hearing,
102	102	another planned permanent living arrangement is the best permanency
103	103	plan for the child and, if so, provide compelling reasons why it
104	104	continues to not be in the best interest of the child to:
105	105	(a) return home;
106	106	(b) be placed for adoption;
107	107	(c) be placed with a legal guardian;
108	108	or
109	109	(d) be placed with a fit and willing
110	110	relative;
111	111	(F) if the child is 14 years of age or older,
112	112	whether services that are needed to assist the child in
113	113	transitioning from substitute care to independent living are
114	114	available in the child's community;
115	115	(G) whether the child is receiving appropriate
116	116	medical care and has been provided the opportunity, in a
117	117	developmentally appropriate manner, to express the child's opinion
118	118	on any medical care provided;
119	119	(H) for a child receiving psychotropic
120	120	medication, whether the child:
121	121	(i) has been provided appropriate
122	122	nonpharmacological interventions, therapies, or strategies to meet
123	123	the child's needs; or
124	124	(ii) has been seen by the prescribing
125	125	physician, physician assistant, or advanced practice nurse at least
126	126	once every 90 days;
127	127	(I) whether an education decision-maker for the
128	128	child has been identified, the child's education needs and goals
129	129	have been identified and addressed, and there are major changes in
130	130	the child's school performance or there have been serious
131	131	disciplinary events;
132	132	(J) for a child for whom the department has been
133	133	named managing conservator in a final order that does not include
134	134	termination of parental rights, whether to order the department to
135	135	provide services to a parent for not more than six months after the
136	136	date of the permanency hearing if:
137	137	(i) the child has not been placed with a
138	138	relative or other individual, including a foster parent, who is
139	139	seeking permanent managing conservatorship of the child; and
140	140	(ii) the court determines that further
141	141	efforts at reunification with a parent are:
142	142	(a) in the best interest of the child;
143	143	and
144	144	(b) likely to result in the child's
145	145	safe return to the child's parent; and
146	146	(K) whether the department has identified a
147	147	family or other caring adult who has made a permanent commitment to
148	148	the child.
149	149	(b) At each permanency hearing after the court renders a
150	150	final order, the court:
151	151	(1) for a child who is not represented by an attorney
152	152	ad litem shall:
153	153	(A) determine whether the child requires
154	154	representation by an attorney ad litem under Section 107.016; and
155	155	(B) if the court declines to appoint an attorney
156	156	ad litem for the child, state the reason for declining to appoint an
157	157	attorney ad litem; and
158	158	(2) for a child who is represented by an attorney ad
159	159	litem:
160	160	(A) shall consider the need for continued
161	161	appointment of the attorney ad litem for the child; and
162	162	(B) may discharge the attorney ad litem appointed
163	163	for the child if the court finds that:
164	164	(i) the child is eligible for adoption and
165	165	living in the home identified in the permanency plan as the child's
166	166	permanent home;
167	167	(ii) the child's attorney ad litem or
168	168	guardian ad litem does not object to the child's permanency plan;
169	169	and
170	170	(iii) the child has resided in the home
171	171	described by Subparagraph (i) for at least three months.
172	172	SECTION 4. The changes in law made by this Act apply to a
173	173	suit affecting the parent-child relationship filed before, on, or
174	174	after the effective date of this Act.
175	175	SECTION 5. This Act takes effect September 1, 2017.