85R26114 YDB-F
By: Wu, et al. H.B. No. 7
Substitute the following for H.B. No. 7:
By: Miller C.S.H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to child protective services suits, motions, and services
by the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.0052, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In addition to the information provided under
Subsection (b), the Department of Family and Protective Services
and the Texas Juvenile Justice Department shall coordinate and
develop protocols for sharing with each other, on request, any
other information relating to a multi-system youth necessary to:
(1) identify and coordinate the provision of services
to the youth and prevent duplication of services;
(2) enhance rehabilitation of the youth; and
(3) improve and maintain community safety.
SECTION 2. Section 105.002, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The Department of Family and Protective Services in
collaboration with interested parties, including the Permanent
Judicial Commission for Children, Youth and Families, shall review
the form of jury submissions in this state and make recommendations
to the legislature not later than December 31, 2017, regarding
whether broad-form or specific jury questions should be required in
suits affecting the parent-child relationship filed by the
department. This subsection expires September 1, 2019.
SECTION 3. Section 154.001, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In a suit filed by the Department of Family and
Protective Services to be named managing conservator of a child,
the court may not order a parent of the child to make periodic
payments for the support of the child while the suit is pending,
except as provided by this section.
(b-1) Unless a court has determined a parent is indigent,
the [The] court may order either or both parents to make periodic
payments for the support of a child in a proceeding in which the
Department of Family and Protective [and Regulatory] Services is
named [temporary] managing conservator. [In a proceeding in which
the Department of Protective and Regulatory Services is named
permanent managing conservator of a child whose parents' rights
have not been terminated, the court shall order each parent that is
financially able to make periodic payments for the support of the
child.]
SECTION 4. Section 155.201, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) On receiving notice that a court exercising
jurisdiction under Chapter 262 has ordered the transfer of a suit
under Section 262.203(a)(2), the court of continuing, exclusive
jurisdiction shall, pursuant to the requirements of Section
155.204(i), transfer the proceedings to the court in which the suit
under Chapter 262 is pending.
SECTION 5. Section 155.204(i), Family Code, is amended to
read as follows:
(i) If a transfer order has been signed by a court
exercising jurisdiction under Chapter 262, the Department of Family
and Protective Services shall [a party may] file the transfer order
with the clerk of the court of continuing, exclusive jurisdiction.
On receipt and without a hearing or further order from the court of
continuing, exclusive jurisdiction, the clerk of the court of
continuing, exclusive jurisdiction shall transfer the files as
provided by this subchapter.
SECTION 6. Section 161.001, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) A court may not make a finding under Subsection (b) and
order termination of the parent-child relationship based on
evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) engaged in reasonable discipline of the child; or
(4) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code.
SECTION 7. Section 161.206, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In a suit filed by the Department of Family and
Protective Services seeking termination of the parent-child
relationship for more than one parent of the child, the court may
order termination of the parent-child relationship for a parent
only if the court finds by clear and convincing evidence grounds for
the termination of the parent-child relationship for that parent.
SECTION 8. Chapter 261, Family Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN
CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
application for a protective order for a child's protection under
this subchapter on the department's own initiative or jointly with
a parent, relative, or caregiver of the child who requests the
filing of the application if the department:
(1) has temporary managing conservatorship of the
child;
(2) determines that:
(A) the child:
(i) is a victim of abuse or neglect; or
(ii) has a history of being abused or
neglected; and
(B) there is a threat of:
(i) immediate or continued abuse or neglect
to the child;
(ii) someone illegally taking the child
from the home in which the child is placed;
(iii) harassment to the caregiver with whom
the child is placed; or
(iv) someone committing an act of violence
against the child or the child's caregiver; and
(3) is not otherwise authorized to apply for a
protective order for the child's protection under Chapter 82.
Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the
application under this subchapter, the department must certify
that:
(1) the department has diligently searched for and:
(A) was unable to locate the child's parent,
legal guardian, or custodian, other than the respondent to the
application; or
(B) located and provided notice of the proposed
application to the child's parent, legal guardian, or custodian,
other than the respondent to the application; and
(2) if applicable, the relative or caregiver who is
jointly filing the petition, or with whom the child would reside
following an entry of the protective order, has not abused or
neglected the child and does not have a history of abuse or neglect.
(b) An application for a temporary ex parte order under
Section 261.503 may be filed without making the findings required
by Subsection (a) if the department certifies that the department
believes that there is an immediate danger of abuse or neglect to
the child.
Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is an immediate danger of abuse or neglect to the
child, the court, without further notice to the respondent and
without a hearing, may enter a temporary ex parte order for the
protection of the child.
Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this subchapter, the court shall find
whether there are reasonable grounds to believe that:
(1) the child:
(A) is a victim of abuse or neglect; or
(B) has a history of being abused or neglected;
and
(2) there is a threat of:
(A) immediate or continued abuse or neglect to
the child;
(B) someone illegally taking the child from the
home in which the child is placed;
(C) harassment to the caregiver with whom the
child is placed; or
(D) someone committing an act of violence against
the child or the child's caregiver.
(b) If the court makes an affirmative finding under
Subsection (a), the court shall issue a protective order that
includes a statement of that finding.
Sec. 261.505. APPLICATION OF OTHER LAW. To the extent
applicable, except as otherwise provided by this subchapter, Title
4 applies to a protective order issued under this subchapter.
SECTION 9. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.0022 to read as follows:
Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each
hearing under this chapter, the court shall review the placement of
each child in the temporary or permanent managing conservatorship
of the Department of Family and Protective Services who is not
placed with a relative caregiver or designated caregiver as defined
by Section 264.751. The court shall include in its findings a
statement on whether the department has the option of placing the
child with a relative or other designated caregiver.
SECTION 10. Subchapter A, Chapter 262, Family Code, is
amended by adding Sections 262.013 and 262.014 to read as follows:
Sec. 262.013. VOLUNTARY TEMPORARY MANAGING
CONSERVATORSHIP. In a suit affecting the parent-child relationship
filed by the Department of Family and Protective Services, the
existence of a parent's voluntary agreement to temporarily place
the parent's child in the managing conservatorship of the
Department of Family and Protective Services is not an admission by
the parent that the parent engaged in conduct that endangered the
child.
Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. On the
request of the attorney for a parent who is a party in a suit
affecting the parent-child relationship filed under this chapter,
or the attorney ad litem for the parent's child, the Department of
Family and Protective Services shall, before the full adversary
hearing, provide:
(1) the name of any person, excluding a department
employee, who the department will call as a witness to any of the
allegations contained in the petition filed by the department;
(2) a copy of any offense report relating to the
allegations contained in the petition filed by the department that
will be used in court to refresh a witness's memory; and
(3) a copy of any photograph, video, or recording that
will be presented as evidence.
SECTION 11. Section 262.113, Family Code, is amended to
read as follows:
Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
CHILD. An original suit filed by a governmental entity that
requests to take possession of a child after notice and a hearing
must be supported by an affidavit sworn to by a person with personal
knowledge and stating facts sufficient to satisfy a person of
ordinary prudence and caution that:
(1) there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the person entitled to possession of the child and that allowing the
child to remain in the home would be contrary to the child's
welfare; and
(2) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, have been
made to prevent or eliminate the need to remove the child from the
child's home[; and
[(2) allowing the child to remain in the home would be
contrary to the child's welfare].
SECTION 12. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.116 to read as follows:
Sec. 262.116. LIMITS ON REMOVAL. (a) The Department of
Family and Protective Services may not take possession of a child
under this subchapter based solely on evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) engaged in reasonable discipline of the child; or
(4) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code.
(b) The department shall train child protective services
caseworkers regarding the prohibitions on removal provided under
Subsection (a).
(c) The executive commissioner of the Health and Human
Services Commission may adopt rules to implement this section.
SECTION 13. Section 262.201, Family Code, is amended by
adding Subsection (a-5) to read as follows:
(a-5) If a parent who is not indigent appears in opposition
to the suit, the court may, for good cause shown, postpone the full
adversary hearing for not more than seven days from the date of the
parent's appearance to allow the parent to hire an attorney or to
provide the parent's attorney time to respond to the petition and
prepare for the hearing. A postponement under this subsection is
subject to the limits and requirements prescribed by Subsection
(a-3).
SECTION 14. Section 262.203(a), Family Code, is amended to
read as follows:
(a) On the motion of a party or the court's own motion, if
applicable, the court that rendered the temporary order shall in
accordance with procedures provided by Chapter 155:
(1) transfer the suit to the court of continuing,
exclusive jurisdiction, if any, if the court finds that the
transfer is:
(A) necessary for the convenience of the parties;
and
(B) in the best interest of the child;
(2) [if grounds exist for mandatory transfer from the
court of continuing, exclusive jurisdiction under Section
155.201,] order transfer of the suit from the [that] court of
continuing, exclusive jurisdiction; or
(3) if grounds exist for transfer based on improper
venue, order transfer of the suit to the court having venue of the
suit under Chapter 103.
SECTION 15. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.206 to read as follows:
Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless
otherwise authorized by this chapter or other law, a hearing held by
a court in a suit under this chapter may not be ex parte.
SECTION 16. Section 263.002, Family Code, is amended to
read as follows:
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a)
In a suit affecting the parent-child relationship in which the
department has been appointed by the court or designated in an
affidavit of relinquishment of parental rights as the temporary or
permanent managing conservator of a child, the court shall hold a
hearing to review:
(1) the conservatorship appointment and substitute
care; and
(2) for a child committed to the Texas Juvenile
Justice Department, the child's commitment in the Texas Juvenile
Justice Department or release under supervision by the Texas
Juvenile Justice Department.
(b) At each hearing under this chapter, the court shall
review the placement of each child in the temporary or permanent
managing conservatorship of the department who is not placed with a
relative caregiver or designated caregiver as defined by Section
264.751. The court shall include in its findings a statement
whether the department placed the child with a relative or other
designated caregiver.
SECTION 17. Section 263.0021, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) Notice of a hearing under this chapter provided to an
individual listed under Subsection (b)(2) must state that the
individual may, but is not required to, attend the hearing and may
request to be heard at the hearing.
SECTION 18. Section 263.102, Family Code, is amended by
amending Subsection (b) and adding Subsections (c) and (c-1) to
read as follows:
(b) The service plan must [shall] include the following
statement:
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ITS]
PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF
YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE
ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
AT [THERE WILL BE] A COURT HEARING, [AT WHICH] A JUDGE WILL REVIEW
THIS SERVICE PLAN, MODIFY THE PLAN IF NECESSARY, AND REQUIRE
COMPLIANCE WITH THE PLAN. A SUBSEQUENT HEARING MAY BE SCHEDULED AT
WHICH A JUDGE MAY REVIEW THE PLAN.
(c) A service plan may not include an allegation of abuse or
neglect of the child or a restatement of the facts of the case. An
allegation of abuse or neglect or a restatement of the facts of the
case in a service plan is inadmissible in the court as evidence.
(c-1) Not later than the fifth business day after a hearing
held under Section 262.201, the department shall:
(1) make all referrals necessary for each parent to
comply with a judge's order for services; and
(2) provide to the parents any information available
to the department on providers approved by the department to
provide services in the service area in which the parent resides.
SECTION 19. Section 263.306(a), Family Code, is amended to
read as follows:
(a) At each permanency hearing the court shall:
(1) identify all persons or parties present at the
hearing or those given notice but failing to appear;
(2) review the efforts of the department in:
(A) attempting to locate all necessary persons;
(B) requesting service of citation; and
(C) obtaining the assistance of a parent in
providing information necessary to locate an absent parent, alleged
father, or relative of the child;
(3) review the efforts of each custodial parent,
alleged father, or relative of the child before the court in
providing information necessary to locate another absent parent,
alleged father, or relative of the child;
(4) review any visitation plan or amended plan
required under Section 263.107 and render any orders for visitation
the court determines necessary;
(5) return the child to the parent or parents if the
child's parent or 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;
(6) place the child with a person or entity, other than
a parent, entitled to service under Chapter 102 if the person or
entity is willing and able to provide the child with a safe
environment and the placement of the child is in the child's best
interest;
(7) evaluate the department's efforts to identify
relatives who could provide the child with a safe environment, if
the child is not returned to a parent or another person or entity
entitled to service under Chapter 102;
(8) evaluate the parties' compliance with temporary
orders and the service plan;
(9) 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;
(10) identify an education decision-maker for the
child if one has not previously been identified;
(11) review the medical care provided to the child as
required by Section 266.007;
(12) ensure the child has been provided the
opportunity, in a developmentally appropriate manner, to express
the child's opinion on the medical care provided;
(13) for a child receiving psychotropic medication,
determine whether the child:
(A) has been provided appropriate psychosocial
therapies, behavior strategies, and other non-pharmacological
interventions; and
(B) has been seen by the prescribing physician,
physician assistant, or advanced practice nurse at least once every
90 days for purposes of the review required by Section 266.011;
(14) determine whether:
(A) the child continues to need substitute care;
(B) the department has placed the child with a
relative or other designated caregiver and whether the child's
current placement is appropriate for meeting the child's needs,
including with respect to a child who has been placed outside of the
state, whether that placement continues to be in the best interest
of the child; and
(C) other plans or services are needed to meet
the child's special needs or circumstances;
(15) if the child is placed in institutional care,
determine whether efforts have been made to ensure placement of the
child in the least restrictive environment consistent with the best
interest and special needs of the child;
(16) if the child is 16 years of age or older, order
services that are needed to assist the child in making the
transition from substitute care to independent living if the
services are available in the community;
(17) determine plans, services, and further temporary
orders necessary to ensure that a final order is rendered before the
date for dismissal of the suit under this chapter;
(18) if the child is committed to the Texas Juvenile
Justice Department or released under supervision by the Texas
Juvenile Justice Department, determine whether the child's needs
for treatment, rehabilitation, and education are being met; and
(19) determine the date for dismissal of the suit
under this chapter and give notice in open court to all parties of:
(A) the dismissal date;
(B) the date of the next permanency hearing; and
(C) the date the suit is set for trial.
SECTION 20. Section 263.401, Family Code, is amended to
read as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION. (a) Unless the court has commenced the trial on the
merits or granted an extension under Subsection (b) or (b-1), on the
first Monday after the first anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over [court shall
dismiss] the suit affecting the parent-child relationship filed by
the department that requests termination of the parent-child
relationship or requests that the department be named conservator
of the child is terminated and the suit is automatically dismissed
without a court order.
(b) Unless the court has commenced the trial on the merits,
the court may not retain the suit on the court's docket after the
time described by Subsection (a) unless the court finds that
extraordinary circumstances necessitate the child remaining in the
temporary managing conservatorship of the department and that
continuing the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court
makes those findings, the court may retain the suit on the court's
docket for a period not to exceed 180 days after the time described
by Subsection (a). If the court retains the suit on the court's
docket, the court shall render an order in which the court:
(1) schedules the new date on which the suit will be
automatically dismissed if the trial on the merits has not
commenced, which date must be not later than the 180th day after the
time described by Subsection (a);
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits on a date not later
than the date specified under Subdivision (1).
(b-1) If, after commencement of the initial trial on the
merits within the time required by Subsection (a) or (b), the court
grants a motion for a new trial or mistrial, or the case is remanded
to the court by an appellate court following an appeal of the
court's final order, the court shall retain the suit on the court's
docket and render an order in which the court:
(1) schedules a new date on which the suit will be
automatically dismissed if the new trial has not commenced, which
must be a date not later than the 180th day after the date on which:
(A) the motion for a new trial or mistrial is
granted; or
(B) the appellate court remanded the case;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the new trial on the merits for a date not
later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
(b-1) but does not commence the trial on the merits before the
dismissal date, the court's jurisdiction over [court shall dismiss]
the suit is terminated and the suit is automatically dismissed
without a court order. The court may not grant an additional
extension that extends the suit beyond the required date for
dismissal under Subsection (b) or (b-1), as applicable.
SECTION 21. Section 263.403, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) Notwithstanding Section 263.401, the court may retain
jurisdiction and not dismiss the suit or render a final order as
required by that section if the court renders a temporary order
that:
(1) finds that retaining jurisdiction under this
section is in the best interest of the child;
(2) orders the department to:
(A) return the child to the child's parent; or
(B) transition the child, according to a schedule
determined by the department or court, from substitute care to the
parent while the parent completes the remaining requirements
imposed under a service plan and specified in the temporary order
that are necessary for the child's return;
(3) orders the department to continue to serve as
temporary managing conservator of the child; and
(4) orders the department to monitor the child's
placement to ensure that the child is in a safe environment.
(a-1) The department may request the court to retain
jurisdiction for an additional six months as necessary for a parent
to complete the remaining requirements in a service plan and
specified in the temporary order that are mandatory for the child's
return.
(c) If before the dismissal of the suit or the commencement
of the trial on the merits a child placed with a parent under this
section must be moved from that home by the department or the court
renders a temporary order terminating the transition order issued
under Subsection (a)(2)(B) [before the dismissal of the suit or the
commencement of the trial on the merits], the court shall, at the
time of the move or order, schedule a new date for dismissal of the
suit [unless a trial on the merits has commenced]. The new
dismissal date may not be later than the original dismissal date
established under Section 263.401 or the 180th day after the date
the child is moved or the order is rendered under this subsection,
whichever date is later.
SECTION 22. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4055 to read as follows:
Sec. 263.4055. SUPREME COURT RULES. The supreme court by
rule shall establish civil and appellate procedures to address:
(1) conflicts between the filing of a motion for new
trial and the filing of an appeal of a final order rendered under
this chapter; and
(2) the period, including an extension of at least 20
days, for a court reporter to submit the reporter's record of a
trial to an appellate court following a final order rendered under
this chapter.
SECTION 23. 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) whether the department placed the child with
a relative or other designated caregiver and 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.
SECTION 24. Section 264.018, Family Code, is amended by
amending Subsection (f) and adding Subsections (f-1), (f-2), and
(f-3) to read as follows:
(f) Except as provided by Subsection (f-1) or (f-2), as [As]
soon as possible but not later than the 10th day after the date the
department becomes aware of a significant event affecting a child
in the conservatorship of the department, the department shall
provide notice of the significant event to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee;
(6) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(7) any other person determined by a court to have an
interest in the child's welfare.
(f-1) As soon as possible after the department becomes aware
of a change in placement of a child in the conservatorship of the
department, the department shall give notice of the placement
change to the managed care organization that contracts with the
commission to provide health care services to the child under the
STAR Health program. The managed care organization, in
coordination with the department, shall give notice of the
placement change to the primary care physician listed in the
child's health passport.
(f-2) As soon as possible but not later than the fifth day
after the date a child-placing agency notifies the department of
the agency's intent to change the placement of a child in the
conservatorship of the department, the department shall give notice
of the impending placement change and the reason given for the
placement change to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(6) any other person determined by a court to have an
interest in the child's welfare.
(f-3) As soon as possible but not later than the fifth day
after the date a foster parent requests the removal of a child in
the conservatorship of the department from the foster home, the
department shall give notice of the impending placement change to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee; and
(6) any other person determined by a court to have an
interest in the child's welfare.
SECTION 25. Section 264.121, Family Code, is amended by
adding Subsections (a-3), (a-4), and (a-5) to read as follows:
(a-3) The department shall conduct an independent living
skills assessment for all youth 14 years of age or older in the
department's conservatorship. The department shall annually
update the assessment for each youth in the department's
conservatorship to determine the independent living skills the
youth learned during the preceding year to ensure the department's
obligation to prepare the youth for independent living has been
met.
(a-4) The annual update of the independent living skills
assessment required under Subsection (a-3) must be conducted
through the child's plan of service in coordination with the child,
the caseworker, the Preparation for Adult Living Program staff, and
the child's caregiver.
(a-5) The department shall work with interested parties to
develop a plan to standardize the curriculum for the Preparation
for Adult Living Program that ensures youth 14 years of age or older
enrolled in the program receive relevant and age-appropriate
information and training. The department shall report the plan to
the legislature not later than December 1, 2018. This subsection
expires September 1, 2019.
SECTION 26. The heading to Chapter 266, Family Code, is
amended to read as follows:
CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN
CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
[FOSTER CARE]
SECTION 27. Chapter 266, Family Code, is amended by adding
Section 266.005 to read as follows:
Sec. 266.005. CONSULTATION FOR MEDICAL CARE. (a) A court
may not render an order requiring or prohibiting medical care,
including mental health care, for a child in the conservatorship of
the department unless:
(1) the court finds that a medical or mental health
professional, as appropriate, has been consulted regarding the
proposed or prohibited care; and
(2) the medical or mental health professional has
confirmed in writing that the medical or mental health treatment is
medically necessary or, for an order prohibiting specific medical
care, that the prohibition would not prevent the child from
receiving medically necessary care.
(b) Subsection (a) does not apply to a court order for
emergency medical care, including mental health care, for a child
in the conservatorship of the department.
SECTION 28. Subchapter A, Chapter 533, Government Code, is
amended by adding Section 533.0056 to read as follows:
Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF
PLACEMENT CHANGE. A contract between a managed care organization
and the commission for the organization to provide health care
services to recipients under the STAR Health program must require
the organization to ensure continuity of care for a child whose
placement has changed by:
(1) notifying each specialist treating the child of
the placement change; and
(2) coordinating the transition of care from the
child's previous treating primary care physician and treating
specialists to the child's new treating primary care physician and
treating specialists, if any.
SECTION 29. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.066 to read as follows:
Sec. 42.066. REQUIRED SUBMISSION OF INFORMATION REQUESTED
BY COURT. A general residential operation that provides mental
health treatment or services to a child in the managing
conservatorship of the department shall timely submit to the court
in a suit affecting the parent-child relationship under Subtitle E,
Title 5, Family Code, all information requested by that court.
SECTION 30. The heading to Section 25.07, Penal Code, is
amended to read as follows:
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
OR ABUSE, STALKING, OR TRAFFICKING CASE.
SECTION 31. Section 25.07(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence, sexual assault or abuse,
stalking, or trafficking case and related to the safety of a victim
or the safety of the community, an order issued under Chapter 7A,
Code of Criminal Procedure, an order issued under Article 17.292,
Code of Criminal Procedure, an order issued under Section 6.504,
Family Code, Chapter 83, Family Code, if the temporary ex parte
order has been served on the person, [or] Chapter 85, Family Code,
or Subchapter F, Chapter 261, Family Code, or an order issued by
another jurisdiction as provided by Chapter 88, Family Code, the
person knowingly or intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order or
condition of bond; or
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system.
SECTION 32. The heading to Section 25.072, Penal Code, is
amended to read as follows:
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
SECTION 33. (a) The changes in law made by this Act apply
only to a service plan filed for a full adversary hearing held under
Section 262.201, Family Code, or a status hearing held under
Chapter 263, Family Code, on or after January 1, 2018. A hearing
held before that date is governed by the law in effect immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
(b) The changes made by this Act to Section 263.401, Family
Code, apply only to a suit affecting the parent-child relationship
pending in a trial court on the effective date of this Act or filed
on or after the effective date of this Act. A suit affecting the
parent-child relationship in which a final order is rendered before
the effective date of this Act is governed by the law in effect on
the date the order was rendered, and the former law is continued in
effect for that purpose.
(c) Except as otherwise provided by this section, the
changes in law made by this Act apply only to a suit affecting the
parent-child relationship filed on or after the effective date of
this Act. A suit affecting the parent-child relationship filed
before the effective date of this Act is subject to the law in
effect at the time the suit was filed, and the former law is
continued in effect for that purpose.
(d) Except as otherwise provided by this section, the
changes in law made by this Act apply only to a contract for the
provision of health care services under the STAR Health program
between the Health and Human Services Commission and a managed care
organization under Chapter 533, Government Code, that is entered
into or renewed on or after the effective date of this Act.
(e) If before implementing Section 533.0056, Government
Code, as added by this Act, the Health and Human Services Commission
determines that a waiver or authorization from a federal agency is
necessary for implementation of that provision, the health and
human services agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
SECTION 34. 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 35. This Act takes effect September 1, 2017.