Texas House Bill HB7 Enrolled / Bill

                    H.B. No. 7


 AN ACT
 relating to child protective services suits, motions, and services
 by the Department of Family and Protective Services and to the
 licensing of certain facilities, homes, and agencies that provide
 child-care services.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 109.331(d), Alcoholic Beverage Code, is
 amended to read as follows:
 (d)  This section does not apply to a [foster group home,
 foster family home,] family home, specialized child-care [agency
 group] home, or agency foster home as those terms are defined by
 Section 42.002, Human Resources Code.
 SECTION 2.  Section 29.081(d), Education Code, is amended to
 read as follows:
 (d)  For purposes of this section, "student at risk of
 dropping out of school" includes each student who is under 26 years
 of age and who:
 (1)  was not advanced from one grade level to the next
 for one or more school years;
 (2)  if the student is in grade 7, 8, 9, 10, 11, or 12,
 did not maintain an average equivalent to 70 on a scale of 100 in two
 or more subjects in the foundation curriculum during a semester in
 the preceding or current school year or is not maintaining such an
 average in two or more subjects in the foundation curriculum in the
 current semester;
 (3)  did not perform satisfactorily on an assessment
 instrument administered to the student under Subchapter B, Chapter
 39, and who has not in the previous or current school year
 subsequently performed on that instrument or another appropriate
 instrument at a level equal to at least 110 percent of the level of
 satisfactory performance on that instrument;
 (4)  if the student is in prekindergarten,
 kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
 a readiness test or assessment instrument administered during the
 current school year;
 (5)  is pregnant or is a parent;
 (6)  has been placed in an alternative education
 program in accordance with Section 37.006 during the preceding or
 current school year;
 (7)  has been expelled in accordance with Section
 37.007 during the preceding or current school year;
 (8)  is currently on parole, probation, deferred
 prosecution, or other conditional release;
 (9)  was previously reported through the Public
 Education Information Management System (PEIMS) to have dropped out
 of school;
 (10)  is a student of limited English proficiency, as
 defined by Section 29.052;
 (11)  is in the custody or care of the Department of
 Family and Protective [and Regulatory] Services or has, during the
 current school year, been referred to the department by a school
 official, officer of the juvenile court, or law enforcement
 official;
 (12)  is homeless, as defined by 42 U.S.C. Section
 11302, and its subsequent amendments; or
 (13)  resided in the preceding school year or resides
 in the current school year in a residential placement facility in
 the district, including a detention facility, substance abuse
 treatment facility, emergency shelter, psychiatric hospital,
 halfway house, cottage home operation, specialized child-care
 home, or general residential operation [foster group home].
 SECTION 3.  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 4.  Section 101.0133, Family Code, is amended to
 read as follows:
 Sec. 101.0133.  FOSTER CARE. "Foster care" means the
 placement of a child who is in the conservatorship of the Department
 of Family and Protective Services and in care outside the child's
 home in a residential child-care facility, including an [agency
 foster group home,] agency foster home, specialized child-care
 [foster group] home, cottage [foster] home operation, general
 residential operation, or another facility licensed or certified
 under Chapter 42, Human Resources Code, in which care is provided
 for 24 hours a day.
 SECTION 5.  Section 101.017, Family Code, is amended to read
 as follows:
 Sec. 101.017.  LICENSED CHILD PLACING AGENCY. "Licensed
 child placing agency" means a person, including an organization or
 corporation, licensed or certified under Chapter 42, Human
 Resources Code, by the Department of Family and Protective Services
 to place a child in an adoptive home or a residential child-care
 facility, including a child-care facility, agency foster home,
 cottage home operation, or general residential operation [agency
 foster group home, or adoptive home].
 SECTION 6.  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 7.  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 8.  Section 107.004, Family Code, is amended by
 adding Subsection (d-3) to read as follows:
 (d-3)  An attorney ad litem appointed to represent a child in
 the managing conservatorship of the Department of Family and
 Protective Services shall periodically continue to review the
 child's safety and well-being, including any effects of trauma to
 the child, and take appropriate action, including requesting a
 review hearing when necessary to address an issue of concern.
 SECTION 9.  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 10.  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 11.  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 12.  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 13.  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 the parent
 only if the court finds by clear and convincing evidence grounds for
 the termination of the parent-child relationship for that parent.
 SECTION 14.  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 15.  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 16.  Section 262.011, Family Code, as added by
 Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular
 Session, 2015, is amended to read as follows:
 Sec. 262.011.  PLACEMENT IN SECURE AGENCY FOSTER HOME [OR
 SECURE AGENCY FOSTER GROUP HOME]. A court in an emergency, initial,
 or full adversary hearing conducted under this chapter may order
 that the child who is the subject of the hearing be placed in a
 secure agency foster home [or secure agency foster group home]
 verified in accordance with Section 42.0531, Human Resources Code,
 if the court finds that:
 (1)  the placement is in the best interest of the child;
 and
 (2)  the child's physical health or safety is in danger
 because the child has been recruited, harbored, transported,
 provided, or obtained for forced labor or commercial sexual
 activity, including any child subjected to an act specified in
 Section 20A.02 or 20A.03, Penal Code.
 SECTION 17.  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 18.  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 19.  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 20.  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 21.  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 22.  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 23.  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 permanency 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 before the final order, 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 24.  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 25.  Section 263.008(a)(1), Family Code, is amended
 to read as follows:
 (1)  "Agency foster [group] home[,]" and ["agency
 foster home,"] "facility[,]" ["foster group home," and "foster
 home"] have the meanings assigned by Section 42.002, Human
 Resources Code.
 SECTION 26.  Section 263.008(e), Family Code, is amended to
 read as follows:
 (e)  An [agency foster group home,] agency foster home[,
 foster group home, foster home,] or other residential child-care
 facility in which a child is placed in foster care shall provide a
 copy of the foster children's bill of rights to a child on the
 child's request. The foster children's bill of rights must be
 printed in English and in a second language.
 SECTION 27.  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 28.  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 29.  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 30.  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 31.  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 32.  Section 264.0111(a), Family Code, is amended to
 read as follows:
 (a)  A child for whom the department has been appointed
 managing conservator and who has been placed by the department in a
 residential [foster home or] child-care facility [institution] as
 defined by Chapter 42, Human Resources Code, is entitled to keep any
 money earned by the child during the time of the child's placement.
 SECTION 33.  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 34.  Sections 264.751(1) and (3), Family Code, are
 amended to read as follows:
 (1)  "Designated caregiver" means an individual who has
 a longstanding and significant relationship with a child for whom
 the department has been appointed managing conservator and who:
 (A)  is appointed to provide substitute care for
 the child, but is not [licensed by the department or] verified by a
 licensed child-placing agency [or the department] to operate an [a
 foster home, foster group home,] agency foster home[, or agency
 foster group home] under Chapter 42, Human Resources Code; or
 (B)  is subsequently appointed permanent managing
 conservator of the child after providing the care described by
 Paragraph (A).
 (3)  "Relative caregiver" means a relative who:
 (A)  provides substitute care for a child for whom
 the department has been appointed managing conservator, but who is
 not [licensed by the department or] verified by a licensed
 child-placing agency [or the department] to operate an [a foster
 home, foster group home,] agency foster home[, or agency foster
 group home] under Chapter 42, Human Resources Code; or
 (B)  is subsequently appointed permanent managing
 conservator of the child after providing the care described by
 Paragraph (A).
 SECTION 35.  Section 264.760, Family Code, is amended to
 read as follows:
 Sec. 264.760.  ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
 PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
 this subchapter, a relative or other designated caregiver who
 becomes [licensed by the department or] verified by a licensed
 child-placing agency [or the department] to operate an [a foster
 home, foster group home,] agency foster home[, or agency foster
 group home] under Chapter 42, Human Resources Code, may receive
 foster care payments in lieu of the benefits provided by this
 subchapter, beginning with the first month in which the relative or
 other designated caregiver becomes licensed or is verified.
 SECTION 36.  Section 264.8521, Family Code, is amended to
 read as follows:
 Sec. 264.8521.  NOTICE TO APPLICANTS. At the time a person
 applies to become [licensed by the department or] verified by a
 licensed child-placing agency [or the department] to provide foster
 care in order to qualify for the permanency care assistance
 program, the department or the child-placing agency shall:
 (1)  notify the applicant that a background check,
 including a criminal history record check, will be conducted on the
 individual; and
 (2)  inform the applicant about criminal convictions
 that:
 (A)  preclude an individual from becoming a
 [licensed foster home or] verified agency foster home; and
 (B)  may also be considered in evaluating the
 individual's application.
 SECTION 37.  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 38.  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 39.  Section 531.151(3), Government Code, is amended
 to read as follows:
 (3)  "Institution" means:
 (A)  an ICF-IID, as defined by Section 531.002,
 Health and Safety Code;
 (B)  a group home operated under the authority of
 the commission [Department of Aging and Disability Services],
 including a residential service provider under a Medicaid waiver
 program authorized under Section 1915(c) of the federal Social
 Security Act (42 U.S.C. Section 1396n), as amended, that provides
 services at a residence other than the child's home or agency foster
 home;
 (C)  [a foster group home or an agency foster
 group home as defined by Section 42.002, Human Resources Code;
 [(D)]  a nursing facility;
 (D) [(E)]  a general residential operation for
 children with an intellectual disability that is licensed by the
 commission [Department of Family and Protective Services]; or
 (E) [(F)]  another residential arrangement other
 than a foster home as defined by Section 42.002, Human Resources
 Code, that provides care to four or more children who are unrelated
 to each other.
 SECTION 40.  (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 41.  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 42.  Section 31.002(b), Human Resources Code, is
 amended to read as follows:
 (b)  In this chapter, the term "dependent child" also applies
 to a child:
 (1)  who meets the specifications set forth in
 Subsections (a)(1)-(4);
 (2)  who has been removed from the home of a relative
 specified in Subsection (a)(5) as a result of a judicial
 determination that the child's residence there is contrary to his
 or her welfare;
 (3)  whose placement and care are the responsibility of
 the Department of Family and Protective Services or an agency with
 which the Department of Family and Protective Services has entered
 into an agreement for the care and supervision of the child;
 (4)  who has been placed in a residential [foster home
 or] child-care facility [institution] by the Department of Family
 and Protective Services; and
 (5)  for whom the state may receive federal funds for
 the purpose of providing foster care in accordance with rules
 promulgated by the executive commissioner.
 SECTION 43.  Section 31.008(d), Human Resources Code, is
 amended to read as follows:
 (d)  The commission may make payments on behalf of a
 dependent child residing in a residential [foster family home or a]
 child-care facility [institution] in accordance with the
 provisions of this chapter and commission rules.
 SECTION 44.  Section 42.002, Human Resources Code, is
 amended by amending Subdivisions (4), (5), (6), (10), (11), (12),
 (13), and (19) and adding Subdivision (24) to read as follows:
 (4)  "General residential operation" means a
 child-care facility that provides care for seven or more [than 12]
 children for 24 hours a day, including facilities known as
 [children's homes, halfway houses,] residential treatment centers
 and[,] emergency shelters[, and therapeutic camps].
 (5)  "Continuum-of-care residential operation" means a
 group of residential child-care facilities that operate under the
 same license or certification to provide a continuum of services to
 children ["Foster group home" means a child-care facility that
 provides care for 7 to 12 children for 24 hours a day].
 (6)  "Cottage [Foster] home operation" means cottage
 family homes that:
 (A)  are identified on the operation's license;
 (B)  share a child-care administrator who is
 responsible for oversight for all homes within the operation; and
 (C)  are all in or near the same location as
 defined by department rule [a child-care facility that provides
 care for not more than six children for 24 hours a day].
 (10)  "Cottage family home" means a family residential
 setting with one or more homes operating under the license of a
 cottage home operation and in which:
 (A)  each home has at least one houseparent who
 lives at the home while children are in care; and
 (B)  based on the size of the home and the
 children's needs, each home cares for not more than six children
 ["Agency foster group home" means a facility that provides care for
 seven to 12 children for 24 hours a day, is used only by a licensed
 child-placing agency, and meets department standards].
 (11)  "Agency foster home" means a facility that
 provides care for not more than six children for 24 hours a day, is
 used only by a licensed child-placing agency or continuum-of-care
 residential operation, and meets department standards.
 (12)  "Child-placing agency" means a person, including
 an organization, other than the natural parents or guardian of a
 child who plans for the placement of or places a child in a
 child-care facility, agency foster home, [agency foster group
 home,] or adoptive home.
 (13)  "Facilities" includes child-care facilities,
 [and] child-placing agencies, and continuum-of-care residential
 operations.
 (19)  "Residential child-care facility" means a
 facility licensed or certified by the department that operates for
 all of the 24-hour day. The term includes general residential
 operations, child-placing agencies, specialized child-care [foster
 group] homes, cottage home operations [foster homes],
 continuum-of-care residential operations [agency foster group
 homes], and agency foster homes.
 (24)  "Specialized child-care home" means a child-care
 facility that:
 (A)  based on the size of the home and the
 children's needs, provides care for not more than six children for
 24 hours a day; and
 (B)  has a director and has at least one
 houseparent who lives at the home while children are in care.
 SECTION 45.  Subchapter A, Chapter 42, Human Resources Code,
 is amended by adding Section 42.0031 to read as follows:
 Sec. 42.0031.  REFERENCE TO PART OF CONTINUUM-OF-CARE
 OPERATION. With respect to a continuum-of-care operation, a
 reference in this code or in any other law to a type of residential
 child-care facility that is a part of a continuum-of-care operation
 shall be construed as a reference to that portion of the
 continuum-of-care operation, and the department may take all
 regulatory action with respect to the continuum-of-care operation
 that the department could take with respect to the type of
 residential child-care facility, as further specified in
 department rule.
 SECTION 46.  Section 42.041(b), Human Resources Code, is
 amended to read as follows:
 (b)  This section does not apply to:
 (1)  a state-operated facility;
 (2)  an agency foster home [or agency foster group
 home];
 (3)  a facility that is operated in connection with a
 shopping center, business, religious organization, or
 establishment where children are cared for during short periods
 while parents or persons responsible for the children are attending
 religious services, shopping, or engaging in other activities,
 including retreats or classes for religious instruction, on or near
 the premises, that does not advertise as a child-care facility or
 day-care center, and that informs parents that it is not licensed by
 the state;
 (4)  a school or class for religious instruction that
 does not last longer than two weeks and is conducted by a religious
 organization during the summer months;
 (5)  a youth camp licensed by the Department of State
 Health Services;
 (6)  a facility licensed, operated, certified, or
 registered by another state agency;
 (7)  an educational facility that is accredited by the
 Texas Education Agency, the Southern Association of Colleges and
 Schools, or an accreditation body that is a member of the Texas
 Private School Accreditation Commission and that operates
 primarily for educational purposes for prekindergarten and above, a
 before-school or after-school program operated directly by an
 accredited educational facility, or a before-school or
 after-school program operated by another entity under contract with
 the educational facility, if the Texas Education Agency, the
 Southern Association of Colleges and Schools, or the other
 accreditation body, as applicable, has approved the curriculum
 content of the before-school or after-school program operated under
 the contract;
 (8)  an educational facility that operates solely for
 educational purposes for prekindergarten through at least grade
 two, that does not provide custodial care for more than one hour
 during the hours before or after the customary school day, and that
 is a member of an organization that promulgates, publishes, and
 requires compliance with health, safety, fire, and sanitation
 standards equal to standards required by state, municipal, and
 county codes;
 (9)  a kindergarten or preschool educational program
 that is operated as part of a public school or a private school
 accredited by the Texas Education Agency, that offers educational
 programs through grade six, and that does not provide custodial
 care during the hours before or after the customary school day;
 (10)  a family home, whether registered or listed;
 (11)  an educational facility that is integral to and
 inseparable from its sponsoring religious organization or an
 educational facility both of which do not provide custodial care
 for more than two hours maximum per day, and that offers an
 educational program in one or more of the
 following:  prekindergarten through at least grade three,
 elementary grades, or secondary grades;
 (12)  an emergency shelter facility, other than a
 facility that would otherwise require a license as a child-care
 facility under this section, that provides shelter or care to a
 minor and the minor's child or children, if any, under Section
 32.201, Family Code, if the facility:
 (A)  is currently under a contract with a state or
 federal agency; or
 (B)  meets the requirements listed under Section
 51.005(b)(3);
 (13)  a juvenile detention facility certified under
 Section 51.12, Family Code, a juvenile correctional facility
 certified under Section 51.125, Family Code, a juvenile facility
 providing services solely for the Texas Juvenile Justice
 Department, or any other correctional facility for children
 operated or regulated by another state agency or by a political
 subdivision of the state;
 (14)  an elementary-age (ages 5-13) recreation program
 operated by a municipality provided the governing body of the
 municipality annually adopts standards of care by ordinance after a
 public hearing for such programs, that such standards are provided
 to the parents of each program participant, and that the ordinances
 shall include, at a minimum, staffing ratios, minimum staff
 qualifications, minimum facility, health, and safety standards,
 and mechanisms for monitoring and enforcing the adopted local
 standards; and further provided that parents be informed that the
 program is not licensed by the state and the program may not be
 advertised as a child-care facility;
 (15)  an annual youth camp held in a municipality with a
 population of more than 1.5 million that operates for not more than
 three months and that has been operated for at least 10 years by a
 nonprofit organization that provides care for the homeless;
 (16)  a food distribution program that:
 (A)  serves an evening meal to children two years
 of age or older; and
 (B)  is operated by a nonprofit food bank in a
 nonprofit, religious, or educational facility for not more than two
 hours a day on regular business days;
 (17)  a child-care facility that operates for less than
 three consecutive weeks and less than 40 days in a period of 12
 months;
 (18)  a program:
 (A)  in which a child receives direct instruction
 in a single skill, talent, ability, expertise, or proficiency;
 (B)  that does not provide services or offerings
 that are not directly related to the single talent, ability,
 expertise, or proficiency;
 (C)  that does not advertise or otherwise
 represent that the program is a child-care facility, day-care
 center, or licensed before-school or after-school program or that
 the program offers child-care services;
 (D)  that informs the parent or guardian:
 (i)  that the program is not licensed by the
 state; and
 (ii)  about the physical risks a child may
 face while participating in the program; and
 (E)  that conducts background checks for all
 program employees and volunteers who work with children in the
 program using information that is obtained from the Department of
 Public Safety;
 (19)  an elementary-age (ages 5-13) recreation program
 that:
 (A)  adopts standards of care, including
 standards relating to staff ratios, staff training, health, and
 safety;
 (B)  provides a mechanism for monitoring and
 enforcing the standards and receiving complaints from parents of
 enrolled children;
 (C)  does not advertise as or otherwise represent
 the program as a child-care facility, day-care center, or licensed
 before-school or after-school program or that the program offers
 child-care services;
 (D)  informs parents that the program is not
 licensed by the state;
 (E)  is organized as a nonprofit organization or
 is located on the premises of a participant's residence;
 (F)  does not accept any remuneration other than a
 nominal annual membership fee;
 (G)  does not solicit donations as compensation or
 payment for any good or service provided as part of the program; and
 (H)  conducts background checks for all program
 employees and volunteers who work with children in the program
 using information that is obtained from the Department of Public
 Safety;
 (20)  a living arrangement in a caretaker's home
 involving one or more children or a sibling group, excluding
 children who are related to the caretaker, in which the caretaker:
 (A)  had a prior relationship with the child or
 sibling group or other family members of the child or sibling group;
 (B)  does not care for more than one unrelated
 child or sibling group;
 (C)  does not receive compensation or solicit
 donations for the care of the child or sibling group; and
 (D)  has a written agreement with the parent to
 care for the child or sibling group;
 (21)  a living arrangement in a caretaker's home
 involving one or more children or a sibling group, excluding
 children who are related to the caretaker, in which:
 (A)  the department is the managing conservator of
 the child or sibling group;
 (B)  the department placed the child or sibling
 group in the caretaker's home; and
 (C)  the caretaker had a long-standing and
 significant relationship with the child or sibling group before the
 child or sibling group was placed with the caretaker;
 (22)  a living arrangement in a caretaker's home
 involving one or more children or a sibling group, excluding
 children who are related to the caretaker, in which the child is in
 the United States on a time-limited visa under the sponsorship of
 the caretaker or of a sponsoring organization; [or]
 (23)  a facility operated by a nonprofit organization
 that:
 (A)  does not otherwise operate as a child-care
 facility that is required to be licensed under this section;
 (B)  provides emergency shelter and care for not
 more than 15 days to children 13 years of age or older but younger
 than 18 years of age who are victims of human trafficking alleged
 under Section 20A.02, Penal Code;
 (C)  is located in a municipality with a
 population of at least 600,000 that is in a county on an
 international border; and
 (D)  meets one of the following criteria:
 (i)  is licensed by, or operates under an
 agreement with, a state or federal agency to provide shelter and
 care to children; or
 (ii)  meets the eligibility requirements for
 a contract under Section 51.005(b)(3); or
 (24)  a facility that provides respite care exclusively
 for a local mental health authority under a contract with the local
 mental health authority.
 SECTION 47.  Section 42.042, Human Resources Code, is
 amended by amending Subsections (e-1), (g), and (h-1) and adding
 Subsection (s) to read as follows:
 (e-1)  The department may not prohibit possession of
 lawfully permitted firearms and ammunition in [a foster home of any
 type, including a foster group home, a foster home, an agency foster
 group home, and] an agency foster home. Minimum standards may be
 adopted under this section relating to safety and proper storage of
 firearms and ammunition, including standards requiring firearms
 and ammunition to be stored separately in locked locations.
 (g)  In promulgating minimum standards the executive
 commissioner may recognize and treat differently the types of
 services provided by the following:
 (1)  registered family homes;
 (2)  child-care facilities, including general
 residential operations, cottage home operations [foster group
 homes], specialized child-care [foster] homes, group day-care
 homes, and day-care centers;
 (3)  child-placing agencies;
 (4)  agency foster homes;
 (5)  continuum-of-care residential operations [agency
 foster group homes];
 (6)  before-school or after-school programs; and
 (7)  school-age programs.
 (h-1)  The executive commissioner shall adopt rules
 governing:
 (1)  the placement and care of children by a
 child-placing agency, as necessary to ensure the health and safety
 of those children;
 (2)  the verification and monitoring of agency foster
 homes[, agency foster group homes,] and adoptive homes by a
 child-placing agency; and
 (3)  if appropriate, child-placing agency staffing
 levels, office locations, and administration.
 (s)  A continuum-of-care residential operation shall ensure
 that each residential child-care facility operating under the
 operation's license complies with this chapter and any standards
 and rules adopted under this chapter that apply to the facility.
 The executive commissioner by rule may prescribe the actions a
 continuum-of-care residential operation must take to comply with
 the minimum standards for each facility type.
 SECTION 48.  Section 42.0421(e), Human Resources Code, is
 amended to read as follows:
 (e)  In addition to other training required by this section,
 the executive commissioner by rule shall require an owner,
 operator, or employee of a day-care center, group day-care home,
 registered family home, general residential operation, cottage
 home operation [foster group home], or specialized child-care
 [agency foster group] home who transports a child under the care of
 the facility whose chronological or developmental age is younger
 than nine years of age to complete at least two hours of annual
 training on transportation safety.
 SECTION 49.  Section 42.044(e), Human Resources Code, is
 amended to read as follows:
 (e)  In addition to the department's responsibility to
 investigate an agency foster home [or agency foster group home]
 under Subsection (c), the department shall:
 (1)  periodically conduct inspections of a random
 sample of agency foster homes [and agency foster group homes];
 (2)  investigate any report of a serious incident in an
 agency foster home [or agency foster group home] that pertains to a
 child under the age of six;
 (3)  investigate any alleged violation of a minimum
 standard by an agency foster home [or agency foster group home] that
 poses a high degree of risk to a child in the care of the home who is
 under the age of six; and
 (4)  conduct at least one annual enforcement team
 conference for each child-placing agency to thoroughly review the
 investigations or inspections of the child-placing agency and all
 of its agency foster homes to monitor and enforce compliance by a
 child-placing agency with rules and standards established under
 Section 42.042.
 SECTION 50.  Section 42.0448, Human Resources Code, is
 amended to read as follows:
 Sec. 42.0448.  NOTIFICATION OF FAMILY VIOLENCE CALLS. The
 department shall notify a child-placing agency or a
 continuum-of-care residential operation that includes a
 child-placing agency of each family violence report the department
 receives under Article 5.05, Code of Criminal Procedure, that:
 (1)  occurred at an agency foster home [verified by the
 child-placing agency]; or
 (2)  involves a person who resides at an agency foster
 home [verified by the child-placing agency].
 SECTION 51.  Section 42.0449, Human Resources Code, is
 amended to read as follows:
 Sec. 42.0449.  REQUIRED ACTIONS AFTER NOTICE OF FAMILY
 VIOLENCE CALL. The executive commissioner shall adopt rules
 specifying the actions that the department, [an independent foster
 home, and] a child-placing agency, and a continuum-of-care
 residential operation that includes a child-placing agency shall
 take after receiving notice of a family violence report under
 Article 5.05, Code of Criminal Procedure, or Section 42.0448 to
 ensure the health, safety, and welfare of each child residing in the
 [licensed foster home or] verified agency foster home.
 SECTION 52.  Section 42.045(d), Human Resources Code, is
 amended to read as follows:
 (d)  A [An independent foster home and a] child-placing
 agency shall notify the department of any change of address for an
 [a licensed foster home or a verified] agency foster home. The
 [independent foster home and] child-placing agency shall notify the
 department of the address change within the earlier of two business
 days or 72 hours of the date the agency foster home changes its
 address.
 SECTION 53.  The heading to Section 42.0451, Human Resources
 Code, is amended to read as follows:
 Sec. 42.0451.  DATABASE OF AGENCY FOSTER HOMES; INFORMATION
 PROVIDED TO DEPARTMENT OF PUBLIC SAFETY.
 SECTION 54.  Sections 42.0451(a) and (c), Human Resources
 Code, are amended to read as follows:
 (a)  The department shall maintain a database of [licensed
 foster homes and verified] agency foster homes including the
 current address for each agency foster [licensed or verified] home
 as reported to the department. The database must be updated on a
 regular basis.
 (c)  The Department of Public Safety shall include the
 information provided under Subsection (b) in the Texas Crime
 Information Center database and establish a procedure by which a
 peace officer or employee of a law enforcement agency who provides
 the department with a street address is automatically provided
 information as to whether the address is [licensed as a foster home
 or] verified as an agency foster home under this chapter.
 SECTION 55.  Section 42.0452, Human Resources Code, is
 amended to read as follows:
 Sec. 42.0452.  FOSTER PARENT RIGHTS AND RESPONSIBILITIES
 STATEMENT. (a) The department shall develop a statement that lists
 the rights and responsibilities of a foster parent in [a foster home
 or] an agency foster home and [of the department or] a child-placing
 agency, as applicable.
 (b)  The department shall provide a written copy of the
 statement developed under Subsection (a) to each foster parent in
 an agency [a] foster home and to each child-placing agency licensed
 by the department. A child-placing agency shall provide a written
 copy of the statement developed under Subsection (a) to each foster
 parent in an agency foster home verified by the child-placing
 agency.
 SECTION 56.  Section 42.046(a), Human Resources Code, is
 amended to read as follows:
 (a)  An applicant for a license to operate a child-care
 facility, [or] child-placing agency, or continuum-of-care
 residential operation or for a listing or registration to operate a
 family home shall submit to the department the appropriate fee
 prescribed by Section 42.054 and a completed application on a form
 provided by the department.
 SECTION 57.  The heading to Section 42.0461, Human Resources
 Code, is amended to read as follows:
 Sec. 42.0461.  PUBLIC NOTICE AND HEARING [IN CERTAIN
 COUNTIES]: RESIDENTIAL CHILD CARE.
 SECTION 58.  Sections 42.0461(a), (d), and (e), Human
 Resources Code, are amended to read as follows:
 (a)  Before the department may issue a license or certificate
 for the operation or the expansion of the capacity [of a foster
 group home or foster family home that is located in a county with a
 population of less than 300,000 and that provides child care for 24
 hours a day at a location other than the actual residence of a
 child's primary caretaker or] of a general residential operation, a
 cottage home operation, or a continuum-of-care residential
 operation that is located in a county with a population of less than
 300,000, the applicant for the license, certificate, or expansion
 shall, at the applicant's expense:
 (1)  conduct a public hearing on the application in
 accordance with department rules after notifying the department of
 the date, time, and location of the hearing; and
 (2)  publish notice of the application in a newspaper
 of general circulation in the community in which the child-care
 services are proposed to be provided.
 (d)  Before issuing a license or certificate described by
 Subsection (a), the department shall consider written information
 provided by an interested party directly to the department's
 representative at the public hearing concerning:
 (1)  the amount of local resources available to support
 children proposed to be served by the applicant;
 (2)  the impact of the proposed child-care services on
 the ratio in the local school district of students enrolled in a
 special education program to students enrolled in a regular
 education program and the effect, if any, on the children proposed
 to be served by the applicant; and
 (3)  the impact of the proposed child-care services on
 the community and the effect on opportunities for social
 interaction for the children proposed to be served by the
 applicant.
 (e)  Based on the written information provided to the
 department's representative at the public hearing, the [The]
 department may deny the application if the department determines
 that:
 (1)  the community has insufficient resources to
 support children proposed to be served by the applicant;
 (2)  granting the application would significantly
 increase the ratio in the local school district of students
 enrolled in a special education program to students enrolled in a
 regular education program and the increase would adversely affect
 the children proposed to be served by the applicant; or
 (3)  granting the application would have a significant
 adverse impact on the community and would limit opportunities for
 social interaction for the children proposed to be served by the
 applicant.
 SECTION 59.  Subchapter C, Chapter 42, Human Resources Code,
 is amended by adding Section 42.0463 to read as follows:
 Sec. 42.0463.  EXPANSION OF CAPACITY. (a) Notwithstanding
 the limitations established by Section 42.002, the department may:
 (1)  develop, by rule, criteria to determine when it
 may be appropriate to exclude children who are related to a
 caretaker in determining a residential child-care facility's total
 capacity; and
 (2)  issue an exception in accordance with department
 rules allowing an agency foster home, cottage family home, or
 specialized child-care home to expand its capacity and care for not
 more than eight children.
 (b)  The department may include children who are related to a
 caretaker when determining under Subsection (a)(1) whether a
 residential child-care facility complies with the standards
 relating to total capacity or child-to-caregiver ratios for the
 facility.
 SECTION 60.  Section 42.048(e), Human Resources Code, is
 amended to read as follows:
 (e)  A license issued under this chapter is not transferable
 and applies only to the operator and facility location stated in the
 license application. Except as provided by this subsection, a
 change in location or ownership automatically revokes a license. A
 change in location of a child-placing agency does not automatically
 revoke the license to operate the child-placing agency. A
 residential child-care facility operating under the license of a
 continuum-of-care residential operation that changes location may
 not continue to operate under that license unless the department
 approves the new location after the continuum-of-care residential
 operation meets all requirements related to the new location.
 SECTION 61.  Section 42.053, Human Resources Code, is
 amended to read as follows:
 Sec. 42.053.  AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP
 HOMES]. (a) An agency foster home [or agency foster group home] is
 considered part of the child-placing agency that operates the
 agency foster home [or agency foster group home] for purposes of
 licensing.
 (b)  The operator of a licensed agency shall display a copy
 of the license in a prominent place in the agency foster home [or
 agency foster group home] used by the agency.
 (c)  An agency foster home [or agency foster group home]
 shall comply with all provisions of this chapter and all department
 rules and standards that apply to a child-care facility caring for a
 similar number of children for a similar number of hours each day.
 (d)  The department shall revoke or suspend the license of a
 child-placing agency if an agency foster home [or agency foster
 group home] operated by the licensed agency fails to comply with
 Subsection (c).
 (e)  Before verifying an agency foster home, a child-placing
 agency may issue a provisional verification to the home. The
 executive commissioner by rule may establish the criteria for a
 child-placing agency to issue a provisional verification to a
 prospective agency foster home.
 (f)  If a child-placing agency under contract with the
 division to provide services as an integrated care coordinator
 places children with caregivers described by Subchapter I, Chapter
 264, Family Code, those caregivers are not considered a part of the
 child-placing agency for purposes of licensing.
 SECTION 62.  Section 42.0531, Human Resources Code, is
 amended to read as follows:
 Sec. 42.0531.  SECURE AGENCY FOSTER HOMES [AND SECURE AGENCY
 FOSTER GROUP HOMES]. (a) The commissioners court of a county or
 governing body of a municipality may contract with a child-placing
 agency to verify a secure agency foster home [or secure agency
 foster group home] to provide a safe and therapeutic environment
 tailored to the needs of children who are victims of trafficking.
 (b)  A child-placing agency may not verify a secure agency
 foster home [or secure agency foster group home] to provide
 services under this section unless the child-placing agency holds a
 license issued under this chapter that authorizes the agency to
 provide services to victims of trafficking in accordance with
 department standards adopted under this chapter for child-placing
 agencies.
 (c)  A secure agency foster home [or secure agency foster
 group home] verified under this section must provide:
 (1)  mental health and other services specifically
 designed to assist children who are victims of trafficking under
 Section 20A.02 or 20A.03, Penal Code, including:
 (A)  victim and family counseling;
 (B)  behavioral health care;
 (C)  treatment and intervention for sexual
 assault;
 (D)  education tailored to the child's needs;
 (E)  life skills training;
 (F)  mentoring; and
 (G)  substance abuse screening and treatment as
 needed;
 (2)  individualized services based on the trauma
 endured by a child, as determined through comprehensive assessments
 of the service needs of the child;
 (3)  24-hour services; and
 (4)  appropriate security through facility design,
 hardware, technology, and staffing.
 SECTION 63.  Sections 42.0535(a), (b), (d), and (e), Human
 Resources Code, are amended to read as follows:
 (a)  A child-placing agency that seeks to verify an agency
 foster home [or an agency group home] shall request background
 information about the agency foster home [or group home] from a
 child-placing agency that has previously verified the home as an
 [that] agency foster home or agency foster group home.
 (b)  Notwithstanding Section 261.201, Family Code, a
 child-placing agency that has verified an agency foster home or an
 agency foster group home is required to release to another
 child-placing agency background information requested under
 Subsection (a).
 (d)  For purposes of this section, background information
 means the home study under which the agency foster home or agency
 foster group home was verified by the previous child-placing agency
 and any record of noncompliance with state minimum standards
 received and the resolution of any such noncompliance by the
 previous child-placing agency.
 (e)  The executive commissioner by rule shall develop a
 process by which a child-placing agency shall report to the
 department:
 (1)  the name of any agency [verified] foster home [or
 foster group home] that has been closed for any reason, including a
 voluntary closure;
 (2)  information regarding the reasons for the closure
 of the agency foster home [or foster group home]; and
 (3)  the name and other contact information of a person
 who may be contacted by another child-placing agency to obtain the
 records relating to the closed agency foster home [or foster group
 home] that are required to be maintained and made available under
 this section.
 SECTION 64.  Sections 42.054(a), (b), (d), and (g), Human
 Resources Code, are amended to read as follows:
 (a)  The department shall charge an applicant a
 nonrefundable application fee for an initial license to operate a
 child-care facility, [or] a child-placing agency, or a
 continuum-of-care residential operation.
 (b)  The department shall charge each child-care facility a
 fee for an initial license. The department shall charge each
 child-placing agency and continuum-of-care residential operation a
 fee for an initial license.
 (d)  The department shall charge each licensed child-placing
 agency and continuum-of-care residential operation an annual
 license fee. The fee is due on the date on which the department
 issues the [child-placing agency's] initial license to the
 child-placing agency or continuum-of-care residential operation
 and on the anniversary of that date.
 (g)  The provisions of Subsections (b) through (f) do not
 apply to:
 (1)  [licensed foster homes and licensed foster group
 homes;
 [(2)]  nonprofit facilities regulated under this
 chapter that provided 24-hour care for children in the managing
 conservatorship of the department during the 12-month period
 immediately preceding the anniversary date of the facility's
 license;
 (2) [(3)]  facilities operated by a nonprofit
 corporation or foundation that provides 24-hour residential care
 and does not charge for the care provided; or
 (3) [(4)]  a family home listed under Section 42.0523
 in which the relative child-care provider cares for the child in the
 child's own home.
 SECTION 65.  Section 42.0561, Human Resources Code, is
 amended to read as follows:
 Sec. 42.0561.  INFORMATION RELATING TO FAMILY VIOLENCE
 REPORTS. Before [the department may issue a license or
 registration for a foster home or] a child-placing agency may issue
 a verification certificate for an agency foster home, the
 [department or] child-placing agency must obtain information
 relating to each family violence report at the applicant's
 residence to which a law enforcement agency responded during the 12
 months preceding the date of the application. The applicant shall
 provide the information on a form prescribed by the department.
 SECTION 66.  Section 42.063(d), Human Resources Code, is
 amended to read as follows:
 (d)  An employee or volunteer of a general residential
 operation, child-placing agency, continuum-of-care residential
 operation, cottage home operation [foster home], or specialized
 child-care [foster group] home shall report any serious incident
 directly to the department if the incident involves a child under
 the care of the operation, agency, or home.
 SECTION 67.  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 68.  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 69.  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 70.  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 71.  Sections 42.0461(f) and (g), Human Resources
 Code, are repealed.
 SECTION 72.  (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 73.  (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 74.  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 75.  Subject to an appropriation of funds for this
 purpose, the executive commissioner of the Health and Human
 Services Commission shall adopt minimum standards related to
 continuum-of-care operations, cottage home operations, and
 specialized child-care homes as provided by Section 42.042, Human
 Resources Code, as amended by this Act, as soon as practicable after
 the effective date of this Act.
 SECTION 76.  (a) The executive commissioner of the Health
 and Human Services Commission shall develop and implement a
 procedure by which a residential child-care facility that holds a
 license or certification issued under Chapter 42, Human Resources
 Code, may convert the license or certification to a new type of
 residential child-care facility license or certification created
 by this Act.
 (b)  With respect to a residential child-care facility
 converting a license or certification under Subsection (a) of this
 section, the Health and Human Services Commission may waive
 requirements for an initial inspection, an initial background and
 criminal history check, or a family violence report, or for notice
 and hearing if the commission determines that previous inspections,
 background and criminal history checks, family violence reports, or
 notice and hearing, as applicable, were conducted and are
 sufficient to ensure the safety of children receiving care at the
 residential child-care facility converting a license or
 certification.
 SECTION 77.  (a) The executive commissioner of the Health
 and Human Services Commission shall develop and implement a
 procedure that requires a foster home or a foster group home that
 holds a license issued by the Department of Family and Protective
 Services under Chapter 42, Human Resources Code, before September
 1, 2017, to convert the license to another residential child-care
 facility license issued under Chapter 42, Human Resources Code, or
 relinquish the license.
 (b)  With respect to a foster home or foster group home
 converting a license under Subsection (a) of this section, the
 Health and Human Services Commission may waive requirements for an
 initial inspection, an initial background and criminal history
 check, or a family violence report, or for notice and hearing if the
 commission determines that previous inspections, background and
 criminal history checks, family violence reports, or notice and
 hearing, as applicable, were conducted and are sufficient to ensure
 the safety of children receiving care at the foster home or foster
 group home converting a license or certification.
 (c)  The Department of Family and Protective Services may not
 issue a license or certification to a foster home or foster group
 home after August 31, 2017.
 (d)  A foster home or a foster group home that was licensed by
 the department before September 1, 2017, may continue to operate
 under the law as it existed immediately before the effective date of
 this Act, and that law is continued in effect for that purpose,
 until each foster home and foster group home has been converted to
 another residential child-care facility license or the license has
 been relinquished.
 SECTION 78.  (a) The executive commissioner of the Health
 and Human Services Commission shall develop and implement a
 procedure that requires a child-placing agency that verified,
 before September 1, 2017, an agency foster group home according to
 the Minimum Standards for Child-Placing Agencies to convert the
 agency foster group home to an agency foster home or to close the
 agency foster group home.
 (b)  With respect to a child-placing agency converting an
 agency foster group home under Subsection (a) of this section, the
 Health and Human Services Commission may waive requirements for an
 initial inspection, an initial background and criminal history
 check, or a family violence report, if the commission determines
 that previous inspections, background and criminal history checks,
 or family violence reports, as applicable, were conducted and are
 sufficient to ensure the safety of children receiving care at the
 agency foster home.
 (c)  A child-placing agency may not verify an agency foster
 group home after August 31, 2017.
 (d)  An agency foster group home that was verified by a
 child-placing agency before September 1, 2017, may continue to
 operate under the child-placing agency that verified the home and
 under the law as it existed immediately before the effective date of
 this Act, and that law is continued in effect for that purpose,
 until each agency foster group home has been converted to a verified
 foster home or has been closed.
 SECTION 79.  Except as otherwise provided by this Act, this
 Act takes effect September 1, 2017.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 7 was passed by the House on May 9,
 2017, by the following vote:  Yeas 145, Nays 1, 1 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 7 on May 26, 2017, by the following vote:  Yeas 140, Nays 0, 2
 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 7 was passed by the Senate, with
 amendments, on May 24, 2017, by the following vote:  Yeas 31, Nays
 0.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor