By: Wu, et al. (Senate Sponsor - Uresti) H.B. No. 7
(In the Senate - Received from the House May 10, 2017;
May 10, 2017, read first time and referred to Committee on Health &
Human Services; May 23, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 23, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Uresti
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. Sections 107.002(b) and (c), Family Code, are
amended to read as follows:
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) within a reasonable time after the appointment,
interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including educators, child
welfare service providers, and any foster parent of the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's expressed objectives;
(3) consider the child's expressed objectives without
being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(c) A guardian ad litem appointed for the child under this
chapter is entitled to:
(1) receive a copy of each pleading or other paper
filed with the court in the case in which the guardian ad litem is
appointed;
(2) receive notice of each hearing in the case;
(3) participate in case staffings by the Department of
Family and Protective Services concerning the child;
(4) attend all legal proceedings in the case but may
not call or question a witness or otherwise provide legal services
unless the guardian ad litem is a licensed attorney who has been
appointed in the dual role;
(5) review and sign, or decline to sign, an agreed
order affecting the child; [and]
(6) explain the basis for the guardian ad litem's
opposition to the agreed order if the guardian ad litem does not
agree to the terms of a proposed order;
(7) have access to the child in the child's placement;
(8) be consulted and provide comments on decisions
regarding placement, including kinship, foster care, and adoptive
placements;
(9) evaluate whether the child welfare services
providers are protecting the child's best interests regarding
appropriate care, treatment, services, and all other foster
children's rights listed in Section 263.008;
(10) receive notification regarding and an invitation
to attend meetings related to the child's service plan and a copy of
the plan; and
(11) attend court-ordered mediation regarding the
child's case.
SECTION 4. Section 107.016, Family Code, is amended to read
as follows:
Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
APPOINTMENT. In a suit filed by a governmental entity in which
termination of the parent-child relationship or appointment of the
entity as conservator of the child is requested:
(1) an order appointing the Department of Family and
Protective Services as the child's managing conservator may provide
for the continuation of the appointment of the guardian ad litem [or
attorney ad litem] for the child for any period during the time the
child remains in the conservatorship of the department, as set by
the court; [and]
(2) an order appointing the Department of Family and
Protective Services as the child's managing conservator may provide
for the continuation of the appointment of the attorney ad litem for
the child as long as the child remains in the conservatorship of the
department; and
(3) an attorney appointed under this subchapter to
serve as an attorney ad litem for a parent or an alleged father
continues to serve in that capacity until the earliest of:
(A) the date the suit affecting the parent-child
relationship is dismissed;
(B) the date all appeals in relation to any final
order terminating parental rights are exhausted or waived; or
(C) the date the attorney is relieved of the
attorney's duties or replaced by another attorney after a finding
of good cause is rendered by the court on the record.
SECTION 5. 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 within the time required by Section
155.207(a).
SECTION 6. 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 within the time required by Section
155.207(a).
SECTION 7. Section 161.001, Family Code, is amended by
adding Subsections (c), (d), and (e) 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) 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;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
(d) A court may not order termination under Subsection
(b)(1)(O) based on the failure by the parent to comply with a
specific provision of a court order if a parent proves by a
preponderance of evidence that:
(1) the parent was unable to comply with specific
provisions of the court order; and
(2) the parent made a good faith effort to comply with
the order and the failure to comply with the order is not
attributable to any fault of the parent.
(e) This section does not prohibit the Department of Family
and Protective Services from offering evidence described by
Subsection (c) as part of an action to terminate the parent-child
relationship under this subchapter.
SECTION 8. 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 one of the
parents only if the court finds by clear and convincing evidence
grounds for the termination of the parent-child relationship for
that parent.
SECTION 9. 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) behavior that poses a threat 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 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) behavior that poses a threat 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 10. 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 11. 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 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, whom 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 12. 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 13. 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 on evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) 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;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
(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.
(d) This section does not prohibit the department from
gathering or offering evidence described by Subsection (a) as part
of an action to take possession of a child under this subchapter.
SECTION 14. Section 262.201, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-5) to read as
follows:
(a) Unless the child has already been returned to the
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian entitled to possession and the temporary
order, if any, has been dissolved, a full adversary hearing shall be
held not later than the 14th day after the date the child was taken
into possession by the governmental entity, unless the court grants
an extension under Subsection (a-3) or (a-5).
(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) and Section 155.207.
SECTION 15. 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, within the time required by Section
155.207(a), 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 16. 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 17. 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 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.
(c) At each permanency hearing under this chapter, the court
shall review the placement of each child in the temporary managing
conservatorship of the department who has not been returned to the
child's home. The court shall make a finding on whether returning
the child to the child's home is safe and appropriate, whether the
return is in the best interest of the child, and whether it is
contrary to the welfare of the child for the child to return home.
SECTION 18. Section 263.0021, Family Code, is amended by
adding Subsections (e) and (f) 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.
(f) In a hearing under this chapter, the court shall
determine whether the child's caregiver is present at the hearing
and allow the caregiver to testify if the caregiver wishes to
provide information about the child.
SECTION 19. 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. Not later than the 60th day before the day
the suit is automatically dismissed, the court shall notify all
parties to the suit of the automatic dismissal date.
(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 20. Section 263.402, Family Code, is amended to
read as follows:
Sec. 263.402. LIMIT ON EXTENSION[; WAIVER]. [(a)] The
parties to a suit under this chapter may not extend the deadlines
set by the court under this subchapter by agreement or otherwise.
[(b) A party to a suit under this chapter who fails to make a
timely motion to dismiss the suit under this subchapter waives the
right to object to the court's failure to dismiss the suit. A
motion to dismiss under this subsection is timely if the motion is
made before the trial on the merits commences.]
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) Unless the court has granted an extension under
Section 263.401(b), the department or the parent 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
adding Subsection (d-1) and amending Subsection (f) to read as
follows:
(d-1) As soon as possible but not later than 24 hours after 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 shall give
notice of the placement change to the primary care physician listed
in the child's health passport before the end of the second business
day after the day the organization receives the notification from
the department.
(f) Except as provided by Subsection (d-1), 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.
SECTION 25. 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 26. Chapter 266, Family Code, is amended by adding
Section 266.005 to read as follows:
Sec. 266.005. FINDING ON HEALTH CARE CONSULTATION. If a
court finds that a health care professional has been consulted
regarding a health care service, procedure, or treatment for a
child in the conservatorship of the department and the court
declines to follow the recommendation of the health care
professional, the court shall make findings in the record
supporting the court's order.
SECTION 27. (a) 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.
(b) The changes in law made by this section 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, renewed, or extended on or after the effective
date of this section.
(c) If before implementing Section 533.0056, Government
Code, as added by this section, 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 28. Effective September 1, 2018, Section 572.001,
Health and Safety Code, is amended by amending Subsection (c) and
adding Subsections (c-2), (c-3), and (c-4) to read as follows:
(c) A person or agency appointed as the guardian or a
managing conservator of a person younger than 18 years of age and
acting as an employee or agent of the state or a political
subdivision of the state may request admission of the person
younger than 18 years of age to an inpatient mental health facility
[only with the person's consent. If the person does not consent,
the person may be admitted for inpatient services] only as provided
by Subsection (c-2) or pursuant to an application for court-ordered
mental health services or emergency detention or an order for
protective custody.
(c-2) The Department of Family and Protective Services may
request the admission to an inpatient mental health facility of a
minor in the managing conservatorship of that department only if a
physician states the physician's opinion, and the detailed reasons
for that opinion, that the minor is a person:
(1) with mental illness or who demonstrates symptoms
of a serious emotional disorder; and
(2) who presents a risk of serious harm to self or
others if not immediately restrained or hospitalized.
(c-3) The admission to an inpatient mental health facility
under Subsection (c-2) of a minor in the managing conservatorship
of the Department of Family and Protective Services is a
significant event for purposes of Section 264.018, Family Code, and
the Department of Family and Protective Services shall provide
notice of the significant event:
(1) in accordance with that section to all parties
entitled to notice under that section; and
(2) to the court with continuing jurisdiction before
the expiration of three business days after the minor's admission.
(c-4) The Department of Family and Protective Services
periodically shall review the need for continued inpatient
treatment of a minor admitted to an inpatient mental health
facility under Subsection (c-2). If following the review that
department determines there is no longer a need for continued
inpatient treatment, that department shall notify the facility
administrator designated to detain the minor that the minor may no
longer be detained unless an application for court-ordered mental
health services is filed.
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) In this section:
(1) "Attorney ad litem" has the meaning assigned by
Section 107.001, Family Code.
(2) "Commission" means the Permanent Judicial
Commission for Children, Youth and Families established by the
supreme court.
(b) The commission shall study the appointment and use of
attorneys ad litem in cases involving the Department of Family and
Protective Services. The commission shall:
(1) examine:
(A) the method for appointing attorneys ad litem;
(B) the oversight and accountability measures
used across the state to monitor attorneys ad litem;
(C) the methods by which qualifications for
appointment as an attorney ad litem and training requirements for
an attorney ad litem are established and enforced;
(D) the timing of and duration of appointments;
(E) the rate of compensation for appointments and
the method for establishing compensation rates across the state;
(F) the quality of representation and methods for
assessing performance of attorneys ad litem;
(G) the pretrial and posttrial client
satisfaction with representation by attorneys ad litem
representing parents and attorneys ad litem representing children;
(H) organizational studies and national
standards related to the workload of attorneys ad litem;
(I) the best practices for attorneys ad litem;
and
(J) the estimated and average costs associated
with legal representation by an attorney ad litem per child
compared with the costs associated with foster care per child;
(2) conduct a survey of attorneys ad litem about the
attorney's training, including:
(A) the attorney's legal education;
(B) whether the attorney is certified as a
specialist by the Texas Board of Legal Specialization in any area of
law; and
(C) the professional standards followed by the
attorney;
(3) perform a statistical analysis of the data and
information collected under Subdivisions (1) and (2) of this
subsection; and
(4) develop policy recommendations for improving the
attorney ad litem appointment process.
(c) The commission shall prepare a report based on the
findings of the study conducted under this section and shall submit
the report to each member of the legislature not later than
September 1, 2018.
SECTION 34. (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.
SECTION 35. Subchapter F, Chapter 261, Family Code, as
added by this Act, Section 262.206, Family Code, as added by this
Act, Section 572.001, Health and Safety Code, as amended by this
Act, and Section 25.07(a), Penal Code, as amended by this Act, take
effect only if a specific appropriation for the implementation of
those sections is provided in a general appropriations act of the
85th Legislature.
SECTION 36. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.
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