85R21596 MCK-D
By: Klick, Bernal H.B. No. 3561
Substitute the following for H.B. No. 3561:
By: Keough C.S.H.B. No. 3561
A BILL TO BE ENTITLED
AN ACT
relating to assistance for foster children, homeless children or
youth, and unaccompanied youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.0491, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
INDIGENT DEFENDANTS AND CHILDREN. (a) A municipal court,
regardless of whether the court is a court of record, or a justice
court may waive payment of a fine or costs imposed on a defendant
who defaults in payment if the court determines that:
(1) the defendant is indigent or was, at the time the
offense was committed, a child as defined by Article 45.058(h); and
(2) discharging the fine and costs under Article
45.049 or as otherwise authorized by this chapter would impose an
undue hardship on the defendant.
(b) A defendant is presumed to be indigent if the defendant:
(1) is in the conservatorship of the Department of
Family and Protective Services or was in the conservatorship of the
Department of Family and Protective Services at the time of the
offense; or
(2) is designated as a homeless child or youth or an
unaccompanied youth as those terms are defined by 42 U.S.C. Section
11434a or was designated as a homeless child or youth or an
unaccompanied youth as those terms are defined by 42 U.S.C. Section
11434a at the time of the offense.
SECTION 2. Section 107.002(b-1), Family Code, is amended to
read as follows:
(b-1) In addition to the duties required by Subsection (b),
a guardian ad litem appointed for a child in a proceeding under
Chapter 262 or 263 shall:
(1) review the medical care provided to the child;
[and]
(2) in a developmentally appropriate manner, seek to
elicit the child's opinion on the medical care provided; and
(3) for a child at least 16 years of age ascertain
whether the child has received the following documents:
(A) a certified copy of the child's birth
certificate;
(B) a social security card or a replacement
social security card;
(C) a driver's license or personal
identification certificate under Chapter 521, Transportation Code;
and
(D) any other personal document the Department of
Family and Protective Services determines appropriate.
SECTION 3. Section 107.003(b), Family Code, is amended to
read as follows:
(b) In addition to the duties required by Subsection (a), an
attorney ad litem appointed for a child in a proceeding under
Chapter 262 or 263 shall:
(1) review the medical care provided to the child;
(2) in a developmentally appropriate manner, seek to
elicit the child's opinion on the medical care provided; and
(3) for a child at least 16 years of age:
(A)[,] advise the child of the child's right to
request the court to authorize the child to consent to the child's
own medical care under Section 266.010; and
(B) ascertain whether the child has received the
following documents:
(i) a certified copy of the child's birth
certificate;
(ii) a social security card or a
replacement social security card;
(iii) a driver's license or personal
identification certificate under Chapter 521, Transportation Code;
and
(iv) any other personal document the
Department of Family and Protective Services determines
appropriate.
SECTION 4. Sections 263.306(a-1) and (c), Family Code, are
amended to read as follows:
(a-1) At each permanency hearing before a final order is
rendered, the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in:
(A) locating and requesting service of citation
on all persons entitled to service of citation under Section
102.009; and
(B) obtaining the assistance of a parent in
providing information necessary to locate an absent parent, alleged
father, or relative of the child;
(3) 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;
(4) review the extent of the parties' compliance with
temporary orders and the service plan and the extent to which
progress has been made toward alleviating or mitigating the causes
necessitating the placement of the child in foster care;
(5) [(4)] review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) the continuing necessity and appropriateness
of the placement of the child, including with respect to a child who
has been placed outside of this state, whether the placement
continues to be in the best interest of the child;
(C) the appropriateness of the primary and
alternative permanency goals for the child developed in accordance
with department rule and whether the department has made reasonable
efforts to finalize the permanency plan, including the concurrent
permanency goals, in effect for the child;
(D) whether the child has been provided the
opportunity, in a developmentally appropriate manner, to express
the child's opinion on any medical care provided;
(E) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(F) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there have been major
changes in the child's school performance or there have been
serious disciplinary events;
(G) for a child 14 years of age or older, whether
services that are needed to assist the child in transitioning from
substitute care to independent living are available in the child's
community; and
(H) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child; and
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(6) [(5)] determine whether to return the child to the
child's parents if the child's 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;
(7) [(6)] estimate a likely date by which the child
may be returned to and safely maintained in the child's home, placed
for adoption, or placed in permanent managing conservatorship;
(8) determine whether the department has provided the
child with the following:
(A) the child's birth certificate;
(B) a social security card or a replacement
social security card;
(C) a driver's license or personal
identification certificate under Chapter 521, Transportation Code,
for a child who is 16 years of age or older; and
(D) the information contained in the child's
health passport, including the child's immunization records, as
required under Section 266.006; and
(9) [(7)] announce in open court the dismissal date
and the date of any upcoming hearings.
(c) In addition to the requirements of Subsection (a-1)
[(a)], at each permanency hearing before a final order is rendered
the court shall review the department's efforts to ensure that the
child has regular, ongoing opportunities to engage in
age-appropriate normalcy activities, including activities not
listed in the child's service plan.
SECTION 5. Section 263.5031, Family Code, is amended to
read as follows:
Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
At each permanency hearing after the court renders a final order,
the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in notifying persons entitled to notice under Section
263.0021; [and]
(3) review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) the continuing necessity and appropriateness
of the placement of the child, including with respect to a child who
has been placed outside of this state, whether the placement
continues to be in the best interest of the child;
(C) if the child is placed in institutional care,
whether efforts have been made to ensure that the child is placed in
the least restrictive environment consistent with the child's best
interest and special needs;
(D) the appropriateness of the primary and
alternative permanency goals for the child, whether the department
has made reasonable efforts to finalize the permanency plan,
including the concurrent permanency goals, in effect for the child,
and whether:
(i) the department has exercised due
diligence in attempting to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption; or
(ii) another permanent placement,
including appointing a relative as permanent managing conservator
or returning the child to a parent, is appropriate for the child;
(E) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child; and
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(F) if the child is 14 years of age or older,
whether services that are needed to assist the child in
transitioning from substitute care to independent living are
available in the child's community;
(G) whether the child is receiving appropriate
medical care and has been provided the opportunity, in a
developmentally appropriate manner, to express the child's opinion
on any medical care provided;
(H) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(I) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there are major changes in
the child's school performance or there have been serious
disciplinary events;
(J) for a child for whom the department has been
named managing conservator in a final order that does not include
termination of parental rights, whether to order the department to
provide services to a parent for not more than six months after the
date of the permanency hearing if:
(i) the child has not been placed with a
relative or other individual, including a foster parent, who is
seeking permanent managing conservatorship of the child; and
(ii) the court determines that further
efforts at reunification with a parent are:
(a) in the best interest of the child;
and
(b) likely to result in the child's
safe return to the child's parent; and
(K) whether the department has identified a
family or other caring adult who has made a permanent commitment to
the child; and
(4) if the child is 16 years of age or older, determine
whether the department has provided the child with the following:
(A) the child's birth certificate;
(B) a social security card or a replacement
social security card;
(C) a driver's license or personal
identification certificate under Chapter 521, Transportation Code;
(D) the information contained in the child's
health passport, including the child's immunization records, as
required under Section 266.006;
(E) proof of enrollment of the child in Medicaid,
if appropriate; and
(F) written information advising the child of
postsecondary education benefits and opportunities available to
the child, including the tuition exemption for former foster
children under Section 54.366, Education Code.
SECTION 6. Subchapter A, Chapter 191, Health and Safety
Code, is amended by adding Section 191.0049 to read as follows:
Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR
HOMELESS OR UNACCOMPANIED YOUTH. On request of a child described by
this section, the state registrar, a local registrar, or a county
clerk shall issue, without fee or parental consent, a certified
copy of the child's birth record to:
(1) a homeless child or youth or an unaccompanied
youth as those terms are defined by 42 U.S.C. Section 11434a; and
(2) a child in the managing conservatorship of the
Department of Family and Protective Services.
SECTION 7. Subchapter E, Chapter 521, Transportation Code,
is amended by adding Section 521.1015 to read as follows:
Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED
TO FOSTER OR HOMELESS CHILD. (a) In this section:
(1) "Foster child" means a person who is 16 years of
age or older and in the managing conservatorship of the Department
of Family and Protective Services.
(2) "Homeless child or youth" has the meaning assigned
by 42 U.S.C. Section 11434a.
(3) "Unaccompanied youth" has the meaning assigned by
42 U.S.C. Section 11434a.
(b) This section applies to the application for a personal
identification certificate only for a foster child, a homeless
child or youth, or an unaccompanied youth.
(c) Notwithstanding Section 521.101, Section 521.1426, or
any other provision of this chapter, a child or youth described by
Subsection (b) may, in applying for a personal identification
certificate:
(1) provide a copy of the child's or youth's birth
certificate as proof of the child's or youth's identity and United
States citizenship, as applicable; and
(2) if the child or youth does not have a residence or
domicile, provide a letter from the school district in which the
child or youth is enrolled certifying that the child or youth is a
homeless child or youth or an unaccompanied youth.
(d) A child or youth described by Subsection (b) may apply
for and the department may issue a personal identification
certificate without the signature or presence of or permission from
a parent or guardian of the child or youth.
(e) A child or youth described by Subsection (b) is exempt
from the payment of any fee for the issuance of a personal
identification certificate under this chapter.
SECTION 8. Section 521.1811, Transportation Code, is
amended to read as follows:
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR HOMELESS
OR UNACCOMPANIED [CARE] YOUTH. A person is exempt from the payment
of any fee for the issuance of a driver's license, as provided under
this chapter, if that person is:
(1) younger than 18 years of age and in the managing
conservatorship of the Department of Family and Protective
Services; [or]
(2) at least 18 years of age, but younger than 21 years
of age, and resides in a foster care placement, the cost of which is
paid by the Department of Family and Protective Services; or
(3) a homeless child or youth or an unaccompanied
youth as those terms are defined by 42 U.S.C. Section 11434a.
SECTION 9. Section 263.306(a), Family Code, is repealed.
SECTION 10. The changes in law made by this Act apply to an
application for a driver's license, personal identification
certificate, or birth certificate submitted on or after the
effective date of this Act. An application for a driver's license,
personal identification certificate, or birth certificate
submitted before the effective date of this Act is governed by the
law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
SECTION 11. The changes in law made by this Act to Sections
263.306 and 263.5031, Family Code, apply to a suit affecting the
parent-child relationship that is pending on or filed on or after
the effective date of this Act.
SECTION 12. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 13. This Act takes effect September 1, 2017.