Texas 2017 - 85th Regular

Texas House Bill HB4168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R24174 MM-F
2	1		By: Turner H.B. No. 4168
3		-	Substitute the following for H.B. No. 4168:
4		-	By: Keough C.S.H.B. No. 4168
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to requirements for the court in permanency hearings for
10	7		children in the conservatorship of the Department of Family and
11	8		Protective Services who are receiving transitional living
12	9		services.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Section 263.306(a-1), Family Code, is amended to
15	12		read as follows:
16	13		(a-1) At each permanency hearing before a final order is
17	14		rendered, the court shall:
18	15		(1) identify all persons and parties present at the
19	16		hearing;
20	17		(2) review the efforts of the department or other
21	18		agency in:
22	19		(A) locating and requesting service of citation
23	20		on all persons entitled to service of citation under Section
24	21		102.009; and
25	22		(B) obtaining the assistance of a parent in
26	23		providing information necessary to locate an absent parent, alleged
27	24		father, or relative of the child;
28	25		(3) ask all parties present whether the child or the
29	26		child's family has a Native American heritage and identify any
30	27		Native American tribe with which the child may be associated;
31	28		(4) review the extent of the parties' compliance with
32	29		temporary orders and the service plan and the extent to which
33	30		progress has been made toward alleviating or mitigating the causes
34	31		necessitating the placement of the child in foster care;
35	32		(5) [(4)] review the permanency progress report to
36	33		determine:
37	34		(A) the safety and well-being of the child and
38	35		whether the child's needs, including any medical or special needs,
39	36		are being adequately addressed;
40	37		(B) the continuing necessity and appropriateness
41	38		of the placement of the child, including with respect to a child who
42	39		has been placed outside of this state, whether the placement
43	40		continues to be in the best interest of the child;
44	41		(C) the appropriateness of the primary and
45	42		alternative permanency goals for the child developed in accordance
46	43		with department rule and whether the department has made reasonable
47	44		efforts to finalize the permanency plan, including the concurrent
48	45		permanency goals, in effect for the child;
49	46		(D) whether the child has been provided the
50	47		opportunity, in a developmentally appropriate manner, to express
51	48		the child's opinion on any medical care provided;
52		-	(E) for a child receiving ~~psychotropic~~
	49	+	(E) for a child receiving pyschotropic
53	50		medication, whether the child:
54	51		(i) has been provided appropriate
55	52		nonpharmacological interventions, therapies, or strategies to meet
56	53		the child's needs; or
57	54		(ii) has been seen by the prescribing
58	55		physician, physician assistant, or advanced practice nurse at least
59	56		once every 90 days;
60	57		(F) whether an education decision-maker for the
61	58		child has been identified, the child's education needs and goals
62	59		have been identified and addressed, and there have been major
63	60		changes in the child's school performance or there have been
64	61		serious disciplinary events;
65		-	(G) for a child 14 years of age or older~~, whether~~
66		-	services that are needed to ~~assist the child in transitioning from~~
67		-	substitute care to ~~independent living are available in the child's~~
68		-	community; and
	62	+	(G) for a child 14 years of age or older:
	63	+	(i)[,] whether services that are needed to
	64	+	assist the child in transitioning from substitute care to
	65	+	independent living are available in the child's community; and
69	66		(H) for a child whose permanency goal is another
70	67		planned permanent living arrangement:
71	68		(i) the desired permanency outcome for the
72		-	child, by asking the child; [and]
	69	+	child, by asking the child; and
73	70		(ii) whether, as of the date of the hearing,
74	71		another planned permanent living arrangement is the best permanency
75	72		plan for the child and, if so, provide compelling reasons why it
76	73		continues to not be in the best interest of the child to:
77	74		(a) return home;
78	75		(b) be placed for adoption;
79	76		(c) be placed with a legal guardian;
80	77		or
81	78		(d) be placed with a fit and willing
82	79		relative;
83	80		(iii) whether the department has conducted
84	81		an independent living skills assessment under Section
85	82		264.121(a-3);
86	83		(iv) whether the department has addressed
87	84		the goals identified in the child's permanency plan, including the
88		-	child's housing plan, and the results of the independent living
89		-	skills assessment;
90		-	(v) if the youth is 16 years of age or
91		-	older, whether there is evidence that the department has provided
92		-	the youth with the documents and information listed in Section
93		-	264.121(e); and
94		-	(vi) if the youth is 18 years of age or
95		-	older or has had the disabilities of minority removed, whether
96		-	there is evidence that the department has provided the youth with
97		-	the documents and information listed in Section 264.121(e-1);
	85	+	child's housing plan, if applicable, and the results of the
	86	+	independent living skills assessment; and
	87	+	(v) whether if the child is 16 years of age
	88	+	or older, there is evidence that the department has provided the
	89	+	information and documentation listed in Section 264.121(e); and
	90	+	(vi) if the child is at least 18 years of
	91	+	age or has had the disabilities of minority removed, that the
	92	+	department has provided the information listed in Section 264.121
	93	+	(e-1).
98	94		(6) [(5)] determine whether to return the child to the
99	95		child's parents if the child's parents are willing and able to
100	96		provide the child with a safe environment and the return of the
101	97		child is in the child's best interest;
102		-	(7) [(6)] estimate a likely date by which the child ~~may~~
103		-	be returned to and safely maintained in the child's home, placed ~~for~~
104		-	adoption, or placed in permanent managing conservatorship; and
	98	+	(7) [(6)] estimate a likely date by which the child
	99	+	may be returned to and safely maintained in the child's home, placed
	100	+	for adoption, or placed in permanent managing conservatorship; and
105	101		(8) [(7)] announce in open court the dismissal date
106	102		and the date of any upcoming hearings.
107	103		SECTION 2. Subchapter E, Chapter 263, Family Code, is
108	104		amended by adding Section 263.4041 to read as follows:
109		-	Sec. 263.4041. VERIFICATION OF TRANSITION PLAN.
110		-	Notwithstanding Section 263.401, for a suit involving a child who
111		-	is 14 years of age or older and whose permanency goal is another
112		-	planned permanent living arrangement, the court shall verify that:
	105	+	Sec. 263.4041. VERIFICATION OF TRANSITION PLAN BEFORE FINAL
	106	+	ORDER. Notwithstanding Section 263.401, for a suit involving a
	107	+	child who is 14 years of age or older and whose permanency goal is
	108	+	another planned permanent living arrangement, the court shall
	109	+	verify that:
113	110		(1) the department has conducted an independent living
114	111		skills assessment for the child as provided under Section
115	112		264.121(a-3);
116	113		(2) the department has addressed the goals identified
117	114		in the child's permanency plan, including the child's housing plan,
118		-	and the results of the independent living skills ~~assessment;~~
119		-	~~(3) if the youth is 16 years of age or older, there is~~
120		-	~~evidence that~~ the ~~department has provided the youth with the~~
121		-	~~documents and information listed in Section 264.121(e); and~~
122		-	(4) ~~if the youth is 18 years of age or older or has had~~
123		-	the ~~disabilities~~ of ~~minority removed,~~ ~~there is evidence that the~~
124		-	department has ~~provided the youth with the documents and~~
125		-	information listed in Section 264.121(e-1).
	115	+	if applicable, and the results of the independent living skills
	116	+	assessment;
	117	+	(3) if the child is 16 years of age or older, there is
	118	+	evidence that the department has provided the child with the
	119	+	information and documentation in Section 264.121(e); and
	120	+	(4) if the child is at least 18 years of age or has had
	121	+	the disabilities of minority removed, that the department has
	122	+	provided the information listed in Section 264.121(e-1).
126	123		SECTION 3. Section 263.5031, Family Code, is amended to
127	124		read as follows:
128		-	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL
129		-	~~ORDER.~~ At each permanency hearing after the court renders a final
130		-	~~order,~~ the court shall:
	125	+	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
	126	+	At each permanency hearing after the court renders a final order,
	127	+	the court shall:
131	128		(1) identify all persons and parties present at the
132	129		hearing;
133	130		(2) review the efforts of the department or other
134	131		agency in notifying persons entitled to notice under Section
135	132		263.0021; and
136	133		(3) review the permanency progress report to
137	134		determine:
138	135		(A) the safety and well-being of the child and
139	136		whether the child's needs, including any medical or special needs,
140	137		are being adequately addressed;
141	138		(B) the continuing necessity and appropriateness
142	139		of the placement of the child, including with respect to a child who
143	140		has been placed outside of this state, whether the placement
144	141		continues to be in the best interest of the child;
145	142		(C) if the child is placed in institutional care,
146	143		whether efforts have been made to ensure that the child is placed in
147	144		the least restrictive environment consistent with the child's best
148	145		interest and special needs;
149	146		(D) the appropriateness of the primary and
150	147		alternative permanency goals for the child, whether the department
151	148		has made reasonable efforts to finalize the permanency plan,
152	149		including the concurrent permanency goals, in effect for the child,
153	150		and whether:
154	151		(i) the department has exercised due
155	152		diligence in attempting to place the child for adoption if parental
156	153		rights to the child have been terminated and the child is eligible
157	154		for adoption; or
158	155		(ii) another permanent placement,
159	156		including appointing a relative as permanent managing conservator
160	157		or returning the child to a parent, is appropriate for the child;
161	158		(E) for a child whose permanency goal is another
162	159		planned permanent living arrangement:
163	160		(i) the desired permanency outcome for the
164		-	child, by asking the child; [and]
	161	+	child, by asking the child; and
165	162		(ii) whether, as of the date of the hearing,
166	163		another planned permanent living arrangement is the best permanency
167	164		plan for the child and, if so, provide compelling reasons why it
168	165		continues to not be in the best interest of the child to:
169	166		(a) return home;
170	167		(b) be placed for adoption;
171	168		(c) be placed with a legal guardian;
172	169		or
173	170		(d) be placed with a fit and willing
174	171		relative;
175		-	(iii) whether the department has conducted
	172	+	(iii) whether, the department has conducted
176	173		an independent living skills assessment under Section
177	174		264.121(a-3);
178		-	(iv) whether the department has addressed
	175	+	(iv) whether, the department has addressed
179	176		the goals identified in the child's permanency plan, including the
180		-	child's housing plan, and the results of the ~~independent living~~
181		-	skills assessment;
182		-	(v) if the ~~youth~~ is 16 years of age or
183		-	older, ~~whether~~ there is evidence that the department has provided
184		-	~~the youth~~ with the ~~documents~~ and ~~information~~ listed in Section
	177	+	child's housing plan, if applicable, and the results of the
	178	+	independent living skills assessment;
	179	+	(v) whether if the child is 16 years of age
	180	+	or older, there is evidence that the department has provided the
	181	+	child with the information and documentation listed in Section
185	182		264.121(e); and
186		-	(vi) if the ~~youth~~ is 18 ~~years of age or~~
187		-	~~older~~ or has had the disabilities of minority removed, ~~whether~~
188		-	~~there is evidence that~~ the department has provided the ~~youth with~~
189		-	~~the documents and information listed in Section~~ 264.121(e-1);
190		-	(F) if the child is 14 years of age or older,
191		-	whether services that are needed to ~~assist the child in~~
192		-	transitioning from substitute care to ~~independent living are~~
193		-	available in the child's community;
	183	+	(vi) whether, if the child is at least 18
	184	+	years of age or has had the disabilities of minority removed, that
	185	+	the department has provided the information listed in Section
	186	+	264.121(e-1).
	187	+	(F) if the child is 14 years of age or older:
	188	+	(i)[,] whether services that are needed to
	189	+	assist the child in transitioning from substitute care to
	190	+	independent living are available in the child's community
194	191		(G) whether the child is receiving appropriate
195	192		medical care and has been provided the opportunity, in a
196	193		developmentally appropriate manner, to express the child's opinion
197	194		on any medical care provided;
198	195		(H) for a child receiving psychotropic
199	196		medication, whether the child:
200	197		(i) has been provided appropriate
201	198		nonpharmacological interventions, therapies, or strategies to meet
202	199		the child's needs; or
203	200		(ii) has been seen by the prescribing
204	201		physician, physician assistant, or advanced practice nurse at least
205	202		once every 90 days;
206	203		(I) whether an education decision-maker for the
207	204		child has been identified, the child's education needs and goals
208	205		have been identified and addressed, and there are major changes in
209	206		the child's school performance or there have been serious
210	207		disciplinary events;
211	208		(J) for a child for whom the department has been
212	209		named managing conservator in a final order that does not include
213	210		termination of parental rights, whether to order the department to
214	211		provide services to a parent for not more than six months after the
215	212		date of the permanency hearing if:
216	213		(i) the child has not been placed with a
217	214		relative or other individual, including a foster parent, who is
218	215		seeking permanent managing conservatorship of the child; and
219	216		(ii) the court determines that further
220	217		efforts at reunification with a parent are:
221	218		(a) in the best interest of the child;
222	219		and
223	220		(b) likely to result in the child's
224	221		safe return to the child's parent; and
225	222		(K) whether the department has identified a
226	223		family or other caring adult who has made a permanent commitment to
227	224		the child.
228	225		SECTION 4. Section 264.121, Family Code, is amended by
229	226		adding Subsections (a-3) and (a-4) to read as follows:
230	227		(a-3) The department shall conduct an independent living
231		-	skills assessment for all youth in the department's permanent
232		-	managing conservatorship who are at least 14 years of age but
233		-	younger than 16 years of age and all youth in the department's
234		-	conservatorship who are 16 years of age or older. The department
235		-	shall annually update the assessment for each youth assessed under
236		-	this section to determine the independent living skills the youth
237		-	learned during the preceding year to ensure that the department's
238		-	obligation to prepare the youth for independent living has been
239		-	met. The department shall conduct the annual update through the
240		-	youth's plan of service in coordination with the youth, the youth's
241		-	caseworker, the staff of the Preparation for Adult Living Program,
242		-	and the youth's caregiver.
243		-	(a-4) The department, in coordination with stakeholders,
244		-	shall develop a plan to standardize the curriculum for the
245		-	Preparation for Adult Living Program that ensures that youth 14
246		-	years of age or older enrolled in the program receive relevant and
247		-	age-appropriate information and training. The department shall
248		-	report the plan to the legislature not later than December 1, 2018.
	228	+	skills assessment for all youth 14 years of age or older in the
	229	+	department's conservatorship. The department shall annually
	230	+	update the assessment for each youth in the department's
	231	+	conservatorship, to determine the independent living skills the
	232	+	youth learned during the preceding year to ensure that the
	233	+	department's obligation to prepare the youth for independent living
	234	+	has been met.
	235	+	(1) The annual update of the independent living skills
	236	+	assessment shall be conducted through the child's plan of service
	237	+	in coordination with the child, the caseworker, the Preparation for
	238	+	Adult Living staff and the child's caregiver.
	239	+	(a-4) The department shall work with outside stakeholders
	240	+	to develop a plan to standardize the curriculum for the Preparation
	241	+	for Adult Living Program that ensures that youth 14 years of age or
	242	+	older enrolled in the program receive relevant and age-appropriate
	243	+	information and training. The department shall report the plan to
	244	+	the legislature not later than December 1, 2018.
249	245		SECTION 5. The changes in law made by this Act to Chapter
250	246		263, Family Code, apply to a suit affecting the parent-child
251	247		relationship filed before, on, or after the effective date of this
252	248		Act.
253		-	SECTION 6. The Department of Family and Protective Services
254		-	is required to implement this Act only if the legislature
255		-	appropriates money specifically for that purpose. If the
256		-	legislature does not appropriate money specifically for that
257		-	purpose, the agency may, but is not required to, implement this Act
258		-	using other appropriations available for the purpose.
259		-	SECTION 7. To the extent of any conflict, this Act prevails
	249	+	SECTION 6. To the extent of any conflict, this Act prevails
260	250		over another Act of the 85th Legislature, Regular Session, 2017,
261	251		relating to nonsubstantive additions to and corrections in enacted
262	252		codes.
263		-	SECTION 8. This Act takes effect September 1, 2017.
	253	+	SECTION 7. This Act takes effect September 1, 2017.