Texas 2017 - 85th Regular

Texas House Bill HB7 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 7
	1	+	By: Wu, et al. (Senate Sponsor - Uresti) H.B. No. 7
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 10, 2017, read first time and referred to Committee on Health &
	4	+	Human Services; May 23, 2017, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 23, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Uresti
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to child protective services suits, motions, and services
6		-	by the Department of Family and Protective Services and to the
7		-	licensing of certain facilities, homes, and agencies that provide
8		-	child-care services.
	14	+	by the Department of Family and Protective Services.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 109.331(d), Alcoholic Beverage Code, is
11		-	amended to read as follows:
12		-	(d) This section does not apply to a [foster group home,
13		-	foster family home,] family home, specialized child-care [agency
14		-	group] home, or agency foster home as those terms are defined by
15		-	Section 42.002, Human Resources Code.
16		-	SECTION 2. Section 29.081(d), Education Code, is amended to
17		-	read as follows:
18		-	(d) For purposes of this section, "student at risk of
19		-	dropping out of school" includes each student who is under 26 years
20		-	of age and who:
21		-	(1) was not advanced from one grade level to the next
22		-	for one or more school years;
23		-	(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
24		-	did not maintain an average equivalent to 70 on a scale of 100 in two
25		-	or more subjects in the foundation curriculum during a semester in
26		-	the preceding or current school year or is not maintaining such an
27		-	average in two or more subjects in the foundation curriculum in the
28		-	current semester;
29		-	(3) did not perform satisfactorily on an assessment
30		-	instrument administered to the student under Subchapter B, Chapter
31		-	39, and who has not in the previous or current school year
32		-	subsequently performed on that instrument or another appropriate
33		-	instrument at a level equal to at least 110 percent of the level of
34		-	satisfactory performance on that instrument;
35		-	(4) if the student is in prekindergarten,
36		-	kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
37		-	a readiness test or assessment instrument administered during the
38		-	current school year;
39		-	(5) is pregnant or is a parent;
40		-	(6) has been placed in an alternative education
41		-	program in accordance with Section 37.006 during the preceding or
42		-	current school year;
43		-	(7) has been expelled in accordance with Section
44		-	37.007 during the preceding or current school year;
45		-	(8) is currently on parole, probation, deferred
46		-	prosecution, or other conditional release;
47		-	(9) was previously reported through the Public
48		-	Education Information Management System (PEIMS) to have dropped out
49		-	of school;
50		-	(10) is a student of limited English proficiency, as
51		-	defined by Section 29.052;
52		-	(11) is in the custody or care of the Department of
53		-	Family and Protective [and Regulatory] Services or has, during the
54		-	current school year, been referred to the department by a school
55		-	official, officer of the juvenile court, or law enforcement
56		-	official;
57		-	(12) is homeless, as defined by 42 U.S.C. Section
58		-	11302, and its subsequent amendments; or
59		-	(13) resided in the preceding school year or resides
60		-	in the current school year in a residential placement facility in
61		-	the district, including a detention facility, substance abuse
62		-	treatment facility, emergency shelter, psychiatric hospital,
63		-	halfway house, cottage home operation, specialized child-care
64		-	home, or general residential operation [foster group home].
65		-	SECTION 3. Section 58.0052, Family Code, is amended by
	16	+	SECTION 1. Section 58.0052, Family Code, is amended by
66	17		adding Subsection (b-1) to read as follows:
67	18		(b-1) In addition to the information provided under
68	19		Subsection (b), the Department of Family and Protective Services
69	20		and the Texas Juvenile Justice Department shall coordinate and
70	21		develop protocols for sharing with each other, on request, any
71	22		other information relating to a multi-system youth necessary to:
72	23		(1) identify and coordinate the provision of services
73	24		to the youth and prevent duplication of services;
74	25		(2) enhance rehabilitation of the youth; and
75	26		(3) improve and maintain community safety.
76		-	SECTION 4. Section 101.0133, Family Code, is amended to
77		-	read as follows:
78		-	Sec. 101.0133. FOSTER CARE. "Foster care" means the
79		-	placement of a child who is in the conservatorship of the Department
80		-	of Family and Protective Services and in care outside the child's
81		-	home in a residential child-care facility, including an [agency
82		-	foster group home,] agency foster home, specialized child-care
83		-	[foster group] home, cottage [foster] home operation, general
84		-	residential operation, or another facility licensed or certified
85		-	under Chapter 42, Human Resources Code, in which care is provided
86		-	for 24 hours a day.
87		-	SECTION 5. Section 101.017, Family Code, is amended to read
88		-	as follows:
89		-	Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
90		-	child placing agency" means a person, including an organization or
91		-	corporation, licensed or certified under Chapter 42, Human
92		-	Resources Code, by the Department of Family and Protective Services
93		-	to place a child in an adoptive home or a residential child-care
94		-	facility, including a child-care facility, agency foster home,
95		-	cottage home operation, or general residential operation [agency
96		-	foster group home, or adoptive home].
97		-	SECTION 6. Section 105.002, Family Code, is amended by
	27	+	SECTION 2. Section 105.002, Family Code, is amended by
98	28		adding Subsection (d) to read as follows:
99	29		(d) The Department of Family and Protective Services in
100	30		collaboration with interested parties, including the Permanent
101	31		Judicial Commission for Children, Youth and Families, shall review
102	32		the form of jury submissions in this state and make recommendations
103	33		to the legislature not later than December 31, 2017, regarding
104	34		whether broad-form or specific jury questions should be required in
105	35		suits affecting the parent-child relationship filed by the
106	36		department. This subsection expires September 1, 2019.
107		-	SECTION 7. Sections 107.002(b) and (c), Family Code, are
	37	+	SECTION 3. Sections 107.002(b) and (c), Family Code, are
108	38		amended to read as follows:
109	39		(b) A guardian ad litem appointed for the child under this
110	40		chapter shall:
111	41		(1) within a reasonable time after the appointment,
112	42		interview:
113	43		(A) the child in a developmentally appropriate
114	44		manner, if the child is four years of age or older;
115	45		(B) each person who has significant knowledge of
116	46		the child's history and condition, including educators, child
117	47		welfare service providers, and any foster parent of the child; and
118	48		(C) the parties to the suit;
119	49		(2) seek to elicit in a developmentally appropriate
120	50		manner the child's expressed objectives;
121	51		(3) consider the child's expressed objectives without
122	52		being bound by those objectives;
123	53		(4) encourage settlement and the use of alternative
124	54		forms of dispute resolution; and
125	55		(5) perform any specific task directed by the court.
126	56		(c) A guardian ad litem appointed for the child under this
127	57		chapter is entitled to:
128	58		(1) receive a copy of each pleading or other paper
129	59		filed with the court in the case in which the guardian ad litem is
130	60		appointed;
131	61		(2) receive notice of each hearing in the case;
132	62		(3) participate in case staffings by the Department of
133	63		Family and Protective Services concerning the child;
134	64		(4) attend all legal proceedings in the case but may
135	65		not call or question a witness or otherwise provide legal services
136	66		unless the guardian ad litem is a licensed attorney who has been
137	67		appointed in the dual role;
138	68		(5) review and sign, or decline to sign, an agreed
139	69		order affecting the child; [and]
140	70		(6) explain the basis for the guardian ad litem's
141	71		opposition to the agreed order if the guardian ad litem does not
142	72		agree to the terms of a proposed order;
143	73		(7) have access to the child in the child's placement;
144	74		(8) be consulted and provide comments on decisions
145	75		regarding placement, including kinship, foster care, and adoptive
146	76		placements;
147	77		(9) evaluate whether the child welfare services
148	78		providers are protecting the child's best interests regarding
149	79		appropriate care, treatment, services, and all other foster
150	80		children's rights listed in Section 263.008;
151	81		(10) receive notification regarding and an invitation
152	82		to attend meetings related to the child's service plan and a copy of
153	83		the plan; and
154	84		(11) attend court-ordered mediation regarding the
155	85		child's case.
156		-	SECTION 8. Section 107.004, Family Code, is amended by
157		-	adding Subsection (d-3) to read as follows:
158		-	(d-3) An attorney ad litem appointed to represent a child in
159		-	the managing conservatorship of the Department of Family and
160		-	Protective Services shall periodically continue to review the
161		-	child's safety and well-being, including any effects of trauma to
162		-	the child, and take appropriate action, including requesting a
163		-	review hearing when necessary to address an issue of concern.
164		-	SECTION 9. Section 107.016, Family Code, is amended to read
	86	+	SECTION 4. Section 107.016, Family Code, is amended to read
165	87		as follows:
166	88		Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
167	89		APPOINTMENT. In a suit filed by a governmental entity in which
168	90		termination of the parent-child relationship or appointment of the
169	91		entity as conservator of the child is requested:
170	92		(1) an order appointing the Department of Family and
171	93		Protective Services as the child's managing conservator may provide
172	94		for the continuation of the appointment of the guardian ad litem [or
173	95		attorney ad litem] for the child for any period during the time the
174	96		child remains in the conservatorship of the department, as set by
175	97		the court; [and]
176	98		(2) an order appointing the Department of Family and
177	99		Protective Services as the child's managing conservator may provide
178	100		for the continuation of the appointment of the attorney ad litem for
179	101		the child as long as the child remains in the conservatorship of the
180	102		department; and
181	103		(3) an attorney appointed under this subchapter to
182	104		serve as an attorney ad litem for a parent or an alleged father
183	105		continues to serve in that capacity until the earliest of:
184	106		(A) the date the suit affecting the parent-child
185	107		relationship is dismissed;
186	108		(B) the date all appeals in relation to any final
187	109		order terminating parental rights are exhausted or waived; or
188	110		(C) the date the attorney is relieved of the
189	111		attorney's duties or replaced by another attorney after a finding
190	112		of good cause is rendered by the court on the record.
191		-	SECTION 10. Section 155.201, Family Code, is amended by
	113	+	SECTION 5. Section 155.201, Family Code, is amended by
192	114		adding Subsection (d) to read as follows:
193	115		(d) On receiving notice that a court exercising
194	116		jurisdiction under Chapter 262 has ordered the transfer of a suit
195	117		under Section 262.203(a)(2), the court of continuing, exclusive
196	118		jurisdiction shall, pursuant to the requirements of Section
197	119		155.204(i), transfer the proceedings to the court in which the suit
198	120		under Chapter 262 is pending within the time required by Section
199	121		155.207(a).
200		-	SECTION 11. Section 155.204(i), Family Code, is amended to
	122	+	SECTION 6. Section 155.204(i), Family Code, is amended to
201	123		read as follows:
202	124		(i) If a transfer order has been signed by a court
203	125		exercising jurisdiction under Chapter 262, the Department of Family
204	126		and Protective Services shall [a party may] file the transfer order
205	127		with the clerk of the court of continuing, exclusive jurisdiction.
206	128		On receipt and without a hearing or further order from the court of
207	129		continuing, exclusive jurisdiction, the clerk of the court of
208	130		continuing, exclusive jurisdiction shall transfer the files as
209	131		provided by this subchapter within the time required by Section
210	132		155.207(a).
211		-	SECTION 12. Section 161.001, Family Code, is amended by
	133	+	SECTION 7. Section 161.001, Family Code, is amended by
212	134		adding Subsections (c), (d), and (e) to read as follows:
213	135		(c) A court may not make a finding under Subsection (b) and
214	136		order termination of the parent-child relationship based on
215	137		evidence that the parent:
216	138		(1) homeschooled the child;
217	139		(2) is economically disadvantaged;
218	140		(3) has been charged with a nonviolent misdemeanor
219	141		offense other than:
220	142		(A) an offense under Title 5, Penal Code;
221	143		(B) an offense under Title 6, Penal Code; or
222	144		(C) an offense that involves family violence, as
223	145		defined by Section 71.004 of this code;
224	146		(4) provided or administered low-THC cannabis to a
225	147		child for whom the low-THC cannabis was prescribed under Chapter
226	148		169, Occupations Code; or
227	149		(5) declined immunization for the child for reasons of
228	150		conscience, including a religious belief.
229	151		(d) A court may not order termination under Subsection
230	152		(b)(1)(O) based on the failure by the parent to comply with a
231	153		specific provision of a court order if a parent proves by a
232	154		preponderance of evidence that:
233	155		(1) the parent was unable to comply with specific
234	156		provisions of the court order; and
235	157		(2) the parent made a good faith effort to comply with
236	158		the order and the failure to comply with the order is not
237	159		attributable to any fault of the parent.
238	160		(e) This section does not prohibit the Department of Family
239	161		and Protective Services from offering evidence described by
240	162		Subsection (c) as part of an action to terminate the parent-child
241	163		relationship under this subchapter.
242		-	SECTION 13. Section 161.206, Family Code, is amended by
	164	+	SECTION 8. Section 161.206, Family Code, is amended by
243	165		adding Subsection (a-1) to read as follows:
244	166		(a-1) In a suit filed by the Department of Family and
245	167		Protective Services seeking termination of the parent-child
246	168		relationship for more than one parent of the child, the court may
247		-	order termination of the parent-child relationship for the parent
248		-	only if the court finds by clear and convincing evidence grounds for
249		-	the termination of the parent-child relationship for that parent.
250		-	SECTION 14. Chapter 261, Family Code, is amended by adding
	169	+	order termination of the parent-child relationship for one of the
	170	+	parents only if the court finds by clear and convincing evidence
	171	+	grounds for the termination of the parent-child relationship for
	172	+	that parent.
	173	+	SECTION 9. Chapter 261, Family Code, is amended by adding
251	174		Subchapter F to read as follows:
252	175		SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
253	176		Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN
254	177		CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
255	178		application for a protective order for a child's protection under
256	179		this subchapter on the department's own initiative or jointly with
257	180		a parent, relative, or caregiver of the child who requests the
258	181		filing of the application if the department:
259	182		(1) has temporary managing conservatorship of the
260	183		child;
261	184		(2) determines that:
262	185		(A) the child:
263	186		(i) is a victim of abuse or neglect; or
264	187		(ii) has a history of being abused or
265	188		neglected; and
266	189		(B) there is a threat of:
267	190		(i) immediate or continued abuse or neglect
268	191		to the child;
269	192		(ii) someone illegally taking the child
270	193		from the home in which the child is placed;
271	194		(iii) behavior that poses a threat to the
272	195		caregiver with whom the child is placed; or
273	196		(iv) someone committing an act of violence
274	197		against the child or the child's caregiver; and
275	198		(3) is not otherwise authorized to apply for a
276	199		protective order for the child's protection under Chapter 82.
277	200		Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the
278	201		application under this subchapter, the department must certify
279	202		that:
280	203		(1) the department has diligently searched for and:
281	204		(A) was unable to locate the child's parent,
282	205		legal guardian, or custodian, other than the respondent to the
283	206		application; or
284	207		(B) located and provided notice of the proposed
285	208		application to the child's parent, legal guardian, or custodian,
286	209		other than the respondent to the application; and
287	210		(2) if applicable, the relative or caregiver who is
288	211		jointly filing the petition, or with whom the child would reside
289	212		following an entry of the protective order, has not abused or
290	213		neglected the child and does not have a history of abuse or neglect.
291	214		(b) An application for a temporary ex parte order under
292	215		Section 261.503 may be filed without making the findings required
293	216		by Subsection (a) if the department certifies that the department
294	217		believes there is an immediate danger of abuse or neglect to the
295	218		child.
296	219		Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds
297	220		from the information contained in an application for a protective
298	221		order that there is an immediate danger of abuse or neglect to the
299	222		child, the court, without further notice to the respondent and
300	223		without a hearing, may enter a temporary ex parte order for the
301	224		protection of the child.
302	225		Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
303	226		ORDER. (a) At the close of a hearing on an application for a
304	227		protective order under this subchapter, the court shall find
305	228		whether there are reasonable grounds to believe that:
306	229		(1) the child:
307	230		(A) is a victim of abuse or neglect; or
308	231		(B) has a history of being abused or neglected;
309	232		and
310	233		(2) there is a threat of:
311	234		(A) immediate or continued abuse or neglect to
312	235		the child;
313	236		(B) someone illegally taking the child from the
314	237		home in which the child is placed;
315	238		(C) behavior that poses a threat to the caregiver
316	239		with whom the child is placed; or
317	240		(D) someone committing an act of violence against
318	241		the child or the child's caregiver.
319	242		(b) If the court makes an affirmative finding under
320	243		Subsection (a), the court shall issue a protective order that
321	244		includes a statement of that finding.
322	245		Sec. 261.505. APPLICATION OF OTHER LAW. To the extent
323	246		applicable, except as otherwise provided by this subchapter, Title
324	247		4 applies to a protective order issued under this subchapter.
325		-	SECTION 15. Subchapter A, Chapter 262, Family Code, is
	248	+	SECTION 10. Subchapter A, Chapter 262, Family Code, is
326	249		amended by adding Section 262.0022 to read as follows:
327	250		Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each
328	251		hearing under this chapter, the court shall review the placement of
329	252		each child in the temporary or permanent managing conservatorship
330	253		of the Department of Family and Protective Services who is not
331	254		placed with a relative caregiver or designated caregiver as defined
332	255		by Section 264.751. The court shall include in its findings a
333	256		statement on whether the department has the option of placing the
334	257		child with a relative or other designated caregiver.
335		-	SECTION 16. Section 262.011, Family Code, as added by
336		-	Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular
337		-	Session, 2015, is amended to read as follows:
338		-	Sec. 262.011. PLACEMENT IN SECURE AGENCY FOSTER HOME [OR
339		-	SECURE AGENCY FOSTER GROUP HOME]. A court in an emergency, initial,
340		-	or full adversary hearing conducted under this chapter may order
341		-	that the child who is the subject of the hearing be placed in a
342		-	secure agency foster home [or secure agency foster group home]
343		-	verified in accordance with Section 42.0531, Human Resources Code,
344		-	if the court finds that:
345		-	(1) the placement is in the best interest of the child;
346		-	and
347		-	(2) the child's physical health or safety is in danger
348		-	because the child has been recruited, harbored, transported,
349		-	provided, or obtained for forced labor or commercial sexual
350		-	activity, including any child subjected to an act specified in
351		-	Section 20A.02 or 20A.03, Penal Code.
352		-	SECTION 17. Subchapter A, Chapter 262, Family Code, is
	258	+	SECTION 11. Subchapter A, Chapter 262, Family Code, is
353	259		amended by adding Sections 262.013 and 262.014 to read as follows:
354	260		Sec. 262.013. VOLUNTARY TEMPORARY MANAGING
355	261		CONSERVATORSHIP. In a suit affecting the parent-child relationship
356	262		filed by the Department of Family and Protective Services, the
357	263		existence of a parent's voluntary agreement to temporarily place
358	264		the parent's child in the managing conservatorship of the
359	265		department is not an admission by the parent that the parent engaged
360	266		in conduct that endangered the child.
361	267		Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. On the
362	268		request of the attorney for a parent who is a party in a suit
363	269		affecting the parent-child relationship filed under this chapter,
364	270		or the attorney ad litem for the parent's child, the Department of
365	271		Family and Protective Services shall, before the full adversary
366	272		hearing, provide:
367	273		(1) the name of any person, excluding a department
368	274		employee, whom the department will call as a witness to any of the
369	275		allegations contained in the petition filed by the department;
370	276		(2) a copy of any offense report relating to the
371	277		allegations contained in the petition filed by the department that
372	278		will be used in court to refresh a witness's memory; and
373	279		(3) a copy of any photograph, video, or recording that
374	280		will be presented as evidence.
375		-	SECTION 18. Section 262.113, Family Code, is amended to
	281	+	SECTION 12. Section 262.113, Family Code, is amended to
376	282		read as follows:
377	283		Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
378	284		CHILD. An original suit filed by a governmental entity that
379	285		requests to take possession of a child after notice and a hearing
380	286		must be supported by an affidavit sworn to by a person with personal
381	287		knowledge and stating facts sufficient to satisfy a person of
382	288		ordinary prudence and caution that:
383	289		(1) there is a continuing danger to the physical
384	290		health or safety of the child caused by an act or failure to act of
385	291		the person entitled to possession of the child and that allowing the
386	292		child to remain in the home would be contrary to the child's
387	293		welfare; and
388	294		(2) reasonable efforts, consistent with the
389	295		circumstances and providing for the safety of the child, have been
390	296		made to prevent or eliminate the need to remove the child from the
391	297		child's home[; and
392	298		[(2) allowing the child to remain in the home would be
393	299		contrary to the child's welfare].
394		-	SECTION 19. Subchapter B, Chapter 262, Family Code, is
	300	+	SECTION 13. Subchapter B, Chapter 262, Family Code, is
395	301		amended by adding Section 262.116 to read as follows:
396	302		Sec. 262.116. LIMITS ON REMOVAL. (a) The Department of
397	303		Family and Protective Services may not take possession of a child
398	304		under this subchapter based on evidence that the parent:
399	305		(1) homeschooled the child;
400	306		(2) is economically disadvantaged;
401	307		(3) has been charged with a nonviolent misdemeanor
402	308		offense other than:
403	309		(A) an offense under Title 5, Penal Code;
404	310		(B) an offense under Title 6, Penal Code; or
405	311		(C) an offense that involves family violence, as
406	312		defined by Section 71.004 of this code;
407	313		(4) provided or administered low-THC cannabis to a
408	314		child for whom the low-THC cannabis was prescribed under Chapter
409	315		169, Occupations Code; or
410	316		(5) declined immunization for the child for reasons of
411	317		conscience, including a religious belief.
412	318		(b) The department shall train child protective services
413	319		caseworkers regarding the prohibitions on removal provided under
414	320		Subsection (a).
415	321		(c) The executive commissioner of the Health and Human
416	322		Services Commission may adopt rules to implement this section.
417	323		(d) This section does not prohibit the department from
418	324		gathering or offering evidence described by Subsection (a) as part
419	325		of an action to take possession of a child under this subchapter.
420		-	SECTION 20. Section 262.201, Family Code, is amended by
	326	+	SECTION 14. Section 262.201, Family Code, is amended by
421	327		amending Subsection (a) and adding Subsection (a-5) to read as
422	328		follows:
423	329		(a) Unless the child has already been returned to the
424	330		parent, managing conservator, possessory conservator, guardian,
425	331		caretaker, or custodian entitled to possession and the temporary
426	332		order, if any, has been dissolved, a full adversary hearing shall be
427	333		held not later than the 14th day after the date the child was taken
428	334		into possession by the governmental entity, unless the court grants
429	335		an extension under Subsection (a-3) or (a-5).
430	336		(a-5) If a parent who is not indigent appears in opposition
431	337		to the suit, the court may, for good cause shown, postpone the full
432	338		adversary hearing for not more than seven days from the date of the
433	339		parent's appearance to allow the parent to hire an attorney or to
434	340		provide the parent's attorney time to respond to the petition and
435	341		prepare for the hearing. A postponement under this subsection is
436	342		subject to the limits and requirements prescribed by Subsection
437	343		(a-3) and Section 155.207.
438		-	SECTION 21. Section 262.203(a), Family Code, is amended to
	344	+	SECTION 15. Section 262.203(a), Family Code, is amended to
439	345		read as follows:
440	346		(a) On the motion of a party or the court's own motion, if
441	347		applicable, the court that rendered the temporary order shall in
442	348		accordance with procedures provided by Chapter 155:
443	349		(1) transfer the suit to the court of continuing,
444	350		exclusive jurisdiction, if any, within the time required by Section
445	351		155.207(a), if the court finds that the transfer is:
446	352		(A) necessary for the convenience of the parties;
447	353		and
448	354		(B) in the best interest of the child;
449	355		(2) [if grounds exist for mandatory transfer from the
450	356		court of continuing, exclusive jurisdiction under Section
451	357		155.201,] order transfer of the suit from the [that] court of
452	358		continuing, exclusive jurisdiction; or
453	359		(3) if grounds exist for transfer based on improper
454	360		venue, order transfer of the suit to the court having venue of the
455	361		suit under Chapter 103.
456		-	SECTION 22. Subchapter C, Chapter 262, Family Code, is
	362	+	SECTION 16. Subchapter C, Chapter 262, Family Code, is
457	363		amended by adding Section 262.206 to read as follows:
458	364		Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless
459	365		otherwise authorized by this chapter or other law, a hearing held by
460	366		a court in a suit under this chapter may not be ex parte.
461		-	SECTION 23. Section 263.002, Family Code, is amended to
	367	+	SECTION 17. Section 263.002, Family Code, is amended to
462	368		read as follows:
463	369		Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a)
464	370		In a suit affecting the parent-child relationship in which the
465	371		department has been appointed by the court or designated in an
466	372		affidavit of relinquishment of parental rights as the temporary or
467	373		permanent managing conservator of a child, the court shall hold a
468	374		hearing to review:
469	375		(1) the conservatorship appointment and substitute
470	376		care; and
471	377		(2) for a child committed to the Texas Juvenile
472	378		Justice Department, the child's commitment in the Texas Juvenile
473	379		Justice Department or release under supervision by the Texas
474	380		Juvenile Justice Department.
475		-	(b) At each ~~permanency~~ hearing under this chapter, the court
476		-	~~shall~~ review the placement of each child in the temporary managing
	381	+	(b) At each hearing under this chapter, the court shall
	382	+	review the placement of each child in the temporary managing
477	383		conservatorship of the department who is not placed with a relative
478	384		caregiver or designated caregiver as defined by Section 264.751.
479	385		The court shall include in its findings a statement whether the
480	386		department placed the child with a relative or other designated
481	387		caregiver.
482		-	(c) At each permanency hearing before the final order, the
483		-	court shall review the placement of each child in the temporary
484		-	managing conservatorship of the department who has not been
485		-	returned to the child's home. The court shall make a finding on
486		-	whether returning the child to the child's home is safe and
487		-	appropriate, whether the return is in the best interest of the
488		-	child, and whether it is contrary to the welfare of the child for
489		-	the child to return home.
490		-	SECTION 24. Section 263.0021, Family Code, is amended by
	388	+	(c) At each permanency hearing under this chapter, the court
	389	+	shall review the placement of each child in the temporary managing
	390	+	conservatorship of the department who has not been returned to the
	391	+	child's home. The court shall make a finding on whether returning
	392	+	the child to the child's home is safe and appropriate, whether the
	393	+	return is in the best interest of the child, and whether it is
	394	+	contrary to the welfare of the child for the child to return home.
	395	+	SECTION 18. Section 263.0021, Family Code, is amended by
491	396		adding Subsections (e) and (f) to read as follows:
492	397		(e) Notice of a hearing under this chapter provided to an
493	398		individual listed under Subsection (b)(2) must state that the
494	399		individual may, but is not required to, attend the hearing and may
495	400		request to be heard at the hearing.
496	401		(f) In a hearing under this chapter, the court shall
497	402		determine whether the child's caregiver is present at the hearing
498	403		and allow the caregiver to testify if the caregiver wishes to
499	404		provide information about the child.
500		-	SECTION 25. Section 263.008(a)(1), Family Code, is amended
501		-	to read as follows:
502		-	(1) "Agency foster [group] home[,]" and ["agency
503		-	foster home,"] "facility[,]" ["foster group home," and "foster
504		-	home"] have the meanings assigned by Section 42.002, Human
505		-	Resources Code.
506		-	SECTION 26. Section 263.008(e), Family Code, is amended to
507		-	read as follows:
508		-	(e) An [agency foster group home,] agency foster home[,
509		-	foster group home, foster home,] or other residential child-care
510		-	facility in which a child is placed in foster care shall provide a
511		-	copy of the foster children's bill of rights to a child on the
512		-	child's request. The foster children's bill of rights must be
513		-	printed in English and in a second language.
514		-	SECTION 27. Section 263.401, Family Code, is amended to
	405	+	SECTION 19. Section 263.401, Family Code, is amended to
515	406		read as follows:
516	407		Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
517	408		EXTENSION. (a) Unless the court has commenced the trial on the
518	409		merits or granted an extension under Subsection (b) or (b-1), on the
519	410		first Monday after the first anniversary of the date the court
520	411		rendered a temporary order appointing the department as temporary
521	412		managing conservator, the court's jurisdiction over [court shall
522	413		dismiss] the suit affecting the parent-child relationship filed by
523	414		the department that requests termination of the parent-child
524	415		relationship or requests that the department be named conservator
525	416		of the child is terminated and the suit is automatically dismissed
526	417		without a court order. Not later than the 60th day before the day
527	418		the suit is automatically dismissed, the court shall notify all
528	419		parties to the suit of the automatic dismissal date.
529	420		(b) Unless the court has commenced the trial on the merits,
530	421		the court may not retain the suit on the court's docket after the
531	422		time described by Subsection (a) unless the court finds that
532	423		extraordinary circumstances necessitate the child remaining in the
533	424		temporary managing conservatorship of the department and that
534	425		continuing the appointment of the department as temporary managing
535	426		conservator is in the best interest of the child. If the court
536	427		makes those findings, the court may retain the suit on the court's
537	428		docket for a period not to exceed 180 days after the time described
538	429		by Subsection (a). If the court retains the suit on the court's
539	430		docket, the court shall render an order in which the court:
540	431		(1) schedules the new date on which the suit will be
541	432		automatically dismissed if the trial on the merits has not
542	433		commenced, which date must be not later than the 180th day after the
543	434		time described by Subsection (a);
544	435		(2) makes further temporary orders for the safety and
545	436		welfare of the child as necessary to avoid further delay in
546	437		resolving the suit; and
547	438		(3) sets the trial on the merits on a date not later
548	439		than the date specified under Subdivision (1).
549	440		(b-1) If, after commencement of the initial trial on the
550	441		merits within the time required by Subsection (a) or (b), the court
551	442		grants a motion for a new trial or mistrial, or the case is remanded
552	443		to the court by an appellate court following an appeal of the
553	444		court's final order, the court shall retain the suit on the court's
554	445		docket and render an order in which the court:
555	446		(1) schedules a new date on which the suit will be
556	447		automatically dismissed if the new trial has not commenced, which
557	448		must be a date not later than the 180th day after the date on which:
558	449		(A) the motion for a new trial or mistrial is
559	450		granted; or
560	451		(B) the appellate court remanded the case;
561	452		(2) makes further temporary orders for the safety and
562	453		welfare of the child as necessary to avoid further delay in
563	454		resolving the suit; and
564	455		(3) sets the new trial on the merits for a date not
565	456		later than the date specified under Subdivision (1).
566	457		(c) If the court grants an extension under Subsection (b) or
567	458		(b-1) but does not commence the trial on the merits before the
568	459		dismissal date, the court's jurisdiction over [court shall dismiss]
569	460		the suit is terminated and the suit is automatically dismissed
570	461		without a court order. The court may not grant an additional
571	462		extension that extends the suit beyond the required date for
572	463		dismissal under Subsection (b) or (b-1), as applicable.
573		-	SECTION 28. Section 263.402, Family Code, is amended to
	464	+	SECTION 20. Section 263.402, Family Code, is amended to
574	465		read as follows:
575	466		Sec. 263.402. LIMIT ON EXTENSION[; WAIVER]. [(a)] The
576	467		parties to a suit under this chapter may not extend the deadlines
577	468		set by the court under this subchapter by agreement or otherwise.
578	469		[(b) A party to a suit under this chapter who fails to make a
579	470		timely motion to dismiss the suit under this subchapter waives the
580	471		right to object to the court's failure to dismiss the suit. A
581	472		motion to dismiss under this subsection is timely if the motion is
582	473		made before the trial on the merits commences.]
583		-	SECTION 29. Section 263.403, Family Code, is amended by
	474	+	SECTION 21. Section 263.403, Family Code, is amended by
584	475		amending Subsections (a) and (c) and adding Subsection (a-1) to
585	476		read as follows:
586	477		(a) Notwithstanding Section 263.401, the court may retain
587	478		jurisdiction and not dismiss the suit or render a final order as
588	479		required by that section if the court renders a temporary order
589	480		that:
590	481		(1) finds that retaining jurisdiction under this
591	482		section is in the best interest of the child;
592	483		(2) orders the department to:
593	484		(A) return the child to the child's parent; or
594	485		(B) transition the child, according to a schedule
595	486		determined by the department or court, from substitute care to the
596	487		parent while the parent completes the remaining requirements
597	488		imposed under a service plan and specified in the temporary order
598	489		that are necessary for the child's return;
599	490		(3) orders the department to continue to serve as
600	491		temporary managing conservator of the child; and
601	492		(4) orders the department to monitor the child's
602	493		placement to ensure that the child is in a safe environment.
603	494		(a-1) Unless the court has granted an extension under
604	495		Section 263.401(b), the department or the parent may request the
605	496		court to retain jurisdiction for an additional six months as
606	497		necessary for a parent to complete the remaining requirements in a
607	498		service plan and specified in the temporary order that are
608	499		mandatory for the child's return.
609	500		(c) If before the dismissal of the suit or the commencement
610	501		of the trial on the merits a child placed with a parent under this
611	502		section must be moved from that home by the department or the court
612	503		renders a temporary order terminating the transition order issued
613	504		under Subsection (a)(2)(B) [before the dismissal of the suit or the
614	505		commencement of the trial on the merits], the court shall, at the
615	506		time of the move or order, schedule a new date for dismissal of the
616	507		suit [unless a trial on the merits has commenced]. The new
617	508		dismissal date may not be later than the original dismissal date
618	509		established under Section 263.401 or the 180th day after the date
619	510		the child is moved or the order is rendered under this subsection,
620	511		whichever date is later.
621		-	SECTION 30. Subchapter E, Chapter 263, Family Code, is
	512	+	SECTION 22. Subchapter E, Chapter 263, Family Code, is
622	513		amended by adding Section 263.4055 to read as follows:
623	514		Sec. 263.4055. SUPREME COURT RULES. The supreme court by
624	515		rule shall establish civil and appellate procedures to address:
625	516		(1) conflicts between the filing of a motion for new
626	517		trial and the filing of an appeal of a final order rendered under
627	518		this chapter; and
628	519		(2) the period, including an extension of at least 20
629	520		days, for a court reporter to submit the reporter's record of a
630	521		trial to an appellate court following a final order rendered under
631	522		this chapter.
632		-	SECTION 31. Section 263.5031, Family Code, is amended to
	523	+	SECTION 23. Section 263.5031, Family Code, is amended to
633	524		read as follows:
634	525		Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
635	526		At each permanency hearing after the court renders a final order,
636	527		the court shall:
637	528		(1) identify all persons and parties present at the
638	529		hearing;
639	530		(2) review the efforts of the department or other
640	531		agency in notifying persons entitled to notice under Section
641	532		263.0021; and
642	533		(3) review the permanency progress report to
643	534		determine:
644	535		(A) the safety and well-being of the child and
645	536		whether the child's needs, including any medical or special needs,
646	537		are being adequately addressed;
647	538		(B) whether the department placed the child with
648	539		a relative or other designated caregiver and the continuing
649	540		necessity and appropriateness of the placement of the child,
650	541		including with respect to a child who has been placed outside of
651	542		this state, whether the placement continues to be in the best
652	543		interest of the child;
653	544		(C) if the child is placed in institutional care,
654	545		whether efforts have been made to ensure that the child is placed in
655	546		the least restrictive environment consistent with the child's best
656	547		interest and special needs;
657	548		(D) the appropriateness of the primary and
658	549		alternative permanency goals for the child, whether the department
659	550		has made reasonable efforts to finalize the permanency plan,
660	551		including the concurrent permanency goals, in effect for the child,
661	552		and whether:
662	553		(i) the department has exercised due
663	554		diligence in attempting to place the child for adoption if parental
664	555		rights to the child have been terminated and the child is eligible
665	556		for adoption; or
666	557		(ii) another permanent placement,
667	558		including appointing a relative as permanent managing conservator
668	559		or returning the child to a parent, is appropriate for the child;
669	560		(E) for a child whose permanency goal is another
670	561		planned permanent living arrangement:
671	562		(i) the desired permanency outcome for the
672	563		child, by asking the child; and
673	564		(ii) whether, as of the date of the hearing,
674	565		another planned permanent living arrangement is the best permanency
675	566		plan for the child and, if so, provide compelling reasons why it
676	567		continues to not be in the best interest of the child to:
677	568		(a) return home;
678	569		(b) be placed for adoption;
679	570		(c) be placed with a legal guardian;
680	571		or
681	572		(d) be placed with a fit and willing
682	573		relative;
683	574		(F) if the child is 14 years of age or older,
684	575		whether services that are needed to assist the child in
685	576		transitioning from substitute care to independent living are
686	577		available in the child's community;
687	578		(G) whether the child is receiving appropriate
688	579		medical care and has been provided the opportunity, in a
689	580		developmentally appropriate manner, to express the child's opinion
690	581		on any medical care provided;
691	582		(H) for a child receiving psychotropic
692	583		medication, whether the child:
693	584		(i) has been provided appropriate
694	585		nonpharmacological interventions, therapies, or strategies to meet
695	586		the child's needs; or
696	587		(ii) has been seen by the prescribing
697	588		physician, physician assistant, or advanced practice nurse at least
698	589		once every 90 days;
699	590		(I) whether an education decision-maker for the
700	591		child has been identified, the child's education needs and goals
701	592		have been identified and addressed, and there are major changes in
702	593		the child's school performance or there have been serious
703	594		disciplinary events;
704	595		(J) for a child for whom the department has been
705	596		named managing conservator in a final order that does not include
706	597		termination of parental rights, whether to order the department to
707	598		provide services to a parent for not more than six months after the
708	599		date of the permanency hearing if:
709	600		(i) the child has not been placed with a
710	601		relative or other individual, including a foster parent, who is
711	602		seeking permanent managing conservatorship of the child; and
712	603		(ii) the court determines that further
713	604		efforts at reunification with a parent are:
714	605		(a) in the best interest of the child;
715	606		and
716	607		(b) likely to result in the child's
717	608		safe return to the child's parent; and
718	609		(K) whether the department has identified a
719	610		family or other caring adult who has made a permanent commitment to
720	611		the child.
721		-	SECTION 32. Section 264.0111(a), Family Code, is amended to
722		-	read as follows:
723		-	(a) A child for whom the department has been appointed
724		-	managing conservator and who has been placed by the department in a
725		-	residential [foster home or] child-care facility [institution] as
726		-	defined by Chapter 42, Human Resources Code, is entitled to keep any
727		-	money earned by the child during the time of the child's placement.
728		-	SECTION 33. Section 264.018, Family Code, is amended by
	612	+	SECTION 24. Section 264.018, Family Code, is amended by
729	613		adding Subsection (d-1) and amending Subsection (f) to read as
730	614		follows:
731	615		(d-1) As soon as possible but not later than 24 hours after a
732	616		change in placement of a child in the conservatorship of the
733	617		department, the department shall give notice of the placement
734	618		change to the managed care organization that contracts with the
735	619		commission to provide health care services to the child under the
736	620		STAR Health program. The managed care organization shall give
737	621		notice of the placement change to the primary care physician listed
738	622		in the child's health passport before the end of the second business
739	623		day after the day the organization receives the notification from
740	624		the department.
741	625		(f) Except as provided by Subsection (d-1), as [As] soon as
742	626		possible but not later than the 10th day after the date the
743	627		department becomes aware of a significant event affecting a child
744	628		in the conservatorship of the department, the department shall
745	629		provide notice of the significant event to:
746	630		(1) the child's parent;
747	631		(2) an attorney ad litem appointed for the child under
748	632		Chapter 107;
749	633		(3) a guardian ad litem appointed for the child under
750	634		Chapter 107;
751	635		(4) a volunteer advocate appointed for the child under
752	636		Chapter 107;
753	637		(5) the licensed administrator of the child-placing
754	638		agency responsible for placing the child or the licensed
755	639		administrator's designee;
756	640		(6) a foster parent, prospective adoptive parent,
757	641		relative of the child providing care to the child, or director of
758	642		the group home or general residential operation where the child is
759	643		residing; and
760	644		(7) any other person determined by a court to have an
761	645		interest in the child's welfare.
762		-	SECTION 34. Sections 264.751(1) and (3), Family Code, are
763		-	amended to read as follows:
764		-	(1) "Designated caregiver" means an individual who has
765		-	a longstanding and significant relationship with a child for whom
766		-	the department has been appointed managing conservator and who:
767		-	(A) is appointed to provide substitute care for
768		-	the child, but is not [licensed by the department or] verified by a
769		-	licensed child-placing agency [or the department] to operate an [a
770		-	foster home, foster group home,] agency foster home[, or agency
771		-	foster group home] under Chapter 42, Human Resources Code; or
772		-	(B) is subsequently appointed permanent managing
773		-	conservator of the child after providing the care described by
774		-	Paragraph (A).
775		-	(3) "Relative caregiver" means a relative who:
776		-	(A) provides substitute care for a child for whom
777		-	the department has been appointed managing conservator, but who is
778		-	not [licensed by the department or] verified by a licensed
779		-	child-placing agency [or the department] to operate an [a foster
780		-	home, foster group home,] agency foster home[, or agency foster
781		-	group home] under Chapter 42, Human Resources Code; or
782		-	(B) is subsequently appointed permanent managing
783		-	conservator of the child after providing the care described by
784		-	Paragraph (A).
785		-	SECTION 35. Section 264.760, Family Code, is amended to
786		-	read as follows:
787		-	Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
788		-	PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
789		-	this subchapter, a relative or other designated caregiver who
790		-	becomes [licensed by the department or] verified by a licensed
791		-	child-placing agency [or the department] to operate an [a foster
792		-	home, foster group home,] agency foster home[, or agency foster
793		-	group home] under Chapter 42, Human Resources Code, may receive
794		-	foster care payments in lieu of the benefits provided by this
795		-	subchapter, beginning with the first month in which the relative or
796		-	other designated caregiver becomes licensed or is verified.
797		-	SECTION 36. Section 264.8521, Family Code, is amended to
798		-	read as follows:
799		-	Sec. 264.8521. NOTICE TO APPLICANTS. At the time a person
800		-	applies to become [licensed by the department or] verified by a
801		-	licensed child-placing agency [or the department] to provide foster
802		-	care in order to qualify for the permanency care assistance
803		-	program, the department or the child-placing agency shall:
804		-	(1) notify the applicant that a background check,
805		-	including a criminal history record check, will be conducted on the
806		-	individual; and
807		-	(2) inform the applicant about criminal convictions
808		-	that:
809		-	(A) preclude an individual from becoming a
810		-	[licensed foster home or] verified agency foster home; and
811		-	(B) may also be considered in evaluating the
812		-	individual's application.
813		-	SECTION 37. The heading to Chapter 266, Family Code, is
	646	+	SECTION 25. The heading to Chapter 266, Family Code, is
814	647		amended to read as follows:
815	648		CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN
816	649		CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
817	650		[FOSTER CARE]
818		-	SECTION 38. Chapter 266, Family Code, is amended by adding
	651	+	SECTION 26. Chapter 266, Family Code, is amended by adding
819	652		Section 266.005 to read as follows:
820	653		Sec. 266.005. FINDING ON HEALTH CARE CONSULTATION. If a
821	654		court finds that a health care professional has been consulted
822	655		regarding a health care service, procedure, or treatment for a
823	656		child in the conservatorship of the department and the court
824	657		declines to follow the recommendation of the health care
825	658		professional, the court shall make findings in the record
826	659		supporting the court's order.
827		-	SECTION 39. Section 531.151(3), Government Code, is amended
828		-	to read as follows:
829		-	(3) "Institution" means:
830		-	(A) an ICF-IID, as defined by Section 531.002,
831		-	Health and Safety Code;
832		-	(B) a group home operated under the authority of
833		-	the commission [Department of Aging and Disability Services],
834		-	including a residential service provider under a Medicaid waiver
835		-	program authorized under Section 1915(c) of the federal Social
836		-	Security Act (42 U.S.C. Section 1396n), as amended, that provides
837		-	services at a residence other than the child's home or agency foster
838		-	home;
839		-	(C) [a foster group home or an agency foster
840		-	group home as defined by Section 42.002, Human Resources Code;
841		-	[(D)] a nursing facility;
842		-	(D) [(E)] a general residential operation for
843		-	children with an intellectual disability that is licensed by the
844		-	commission [Department of Family and Protective Services]; or
845		-	(E) [(F)] another residential arrangement other
846		-	than a foster home as defined by Section 42.002, Human Resources
847		-	Code, that provides care to four or more children who are unrelated
848		-	to each other.
849		-	SECTION 40. (a) Subchapter A, Chapter 533, Government
	660	+	SECTION 27. (a) Subchapter A, Chapter 533, Government
850	661		Code, is amended by adding Section 533.0056 to read as follows:
851	662		Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF
852	663		PLACEMENT CHANGE. A contract between a managed care organization
853	664		and the commission for the organization to provide health care
854	665		services to recipients under the STAR Health program must require
855	666		the organization to ensure continuity of care for a child whose
856	667		placement has changed by:
857	668		(1) notifying each specialist treating the child of
858	669		the placement change; and
859	670		(2) coordinating the transition of care from the
860	671		child's previous treating primary care physician and treating
861	672		specialists to the child's new treating primary care physician and
862	673		treating specialists, if any.
863	674		(b) The changes in law made by this section apply only to a
864	675		contract for the provision of health care services under the STAR
865	676		Health program between the Health and Human Services Commission and
866	677		a managed care organization under Chapter 533, Government Code,
867	678		that is entered into, renewed, or extended on or after the effective
868	679		date of this section.
869	680		(c) If before implementing Section 533.0056, Government
870	681		Code, as added by this section, the Health and Human Services
871	682		Commission determines that a waiver or authorization from a federal
872	683		agency is necessary for implementation of that provision, the
873	684		health and human services agency affected by the provision shall
874	685		request the waiver or authorization and may delay implementing that
875	686		provision until the waiver or authorization is granted.
876		-	SECTION 41. Effective September 1, 2018, Section 572.001,
	687	+	SECTION 28. Effective September 1, 2018, Section 572.001,
877	688		Health and Safety Code, is amended by amending Subsection (c) and
878	689		adding Subsections (c-2), (c-3), and (c-4) to read as follows:
879	690		(c) A person or agency appointed as the guardian or a
880	691		managing conservator of a person younger than 18 years of age and
881	692		acting as an employee or agent of the state or a political
882	693		subdivision of the state may request admission of the person
883	694		younger than 18 years of age to an inpatient mental health facility
884	695		[only with the person's consent. If the person does not consent,
885	696		the person may be admitted for inpatient services] only as provided
886	697		by Subsection (c-2) or pursuant to an application for court-ordered
887	698		mental health services or emergency detention or an order for
888	699		protective custody.
889	700		(c-2) The Department of Family and Protective Services may
890	701		request the admission to an inpatient mental health facility of a
891	702		minor in the managing conservatorship of that department only if a
892	703		physician states the physician's opinion, and the detailed reasons
893	704		for that opinion, that the minor is a person:
894	705		(1) with mental illness or who demonstrates symptoms
895	706		of a serious emotional disorder; and
896	707		(2) who presents a risk of serious harm to self or
897	708		others if not immediately restrained or hospitalized.
898	709		(c-3) The admission to an inpatient mental health facility
899	710		under Subsection (c-2) of a minor in the managing conservatorship
900	711		of the Department of Family and Protective Services is a
901	712		significant event for purposes of Section 264.018, Family Code, and
902	713		the Department of Family and Protective Services shall provide
903	714		notice of the significant event:
904	715		(1) in accordance with that section to all parties
905	716		entitled to notice under that section; and
906	717		(2) to the court with continuing jurisdiction before
907	718		the expiration of three business days after the minor's admission.
908	719		(c-4) The Department of Family and Protective Services
909	720		periodically shall review the need for continued inpatient
910	721		treatment of a minor admitted to an inpatient mental health
911	722		facility under Subsection (c-2). If following the review that
912	723		department determines there is no longer a need for continued
913	724		inpatient treatment, that department shall notify the facility
914	725		administrator designated to detain the minor that the minor may no
915	726		longer be detained unless an application for court-ordered mental
916	727		health services is filed.
917		-	SECTION 42. Section 31.002(b), Human Resources Code, is
918		-	amended to read as follows:
919		-	(b) In this chapter, the term "dependent child" also applies
920		-	to a child:
921		-	(1) who meets the specifications set forth in
922		-	Subsections (a)(1)-(4);
923		-	(2) who has been removed from the home of a relative
924		-	specified in Subsection (a)(5) as a result of a judicial
925		-	determination that the child's residence there is contrary to his
926		-	or her welfare;
927		-	(3) whose placement and care are the responsibility of
928		-	the Department of Family and Protective Services or an agency with
929		-	which the Department of Family and Protective Services has entered
930		-	into an agreement for the care and supervision of the child;
931		-	(4) who has been placed in a residential [foster home
932		-	or] child-care facility [institution] by the Department of Family
933		-	and Protective Services; and
934		-	(5) for whom the state may receive federal funds for
935		-	the purpose of providing foster care in accordance with rules
936		-	promulgated by the executive commissioner.
937		-	SECTION 43. Section 31.008(d), Human Resources Code, is
938		-	amended to read as follows:
939		-	(d) The commission may make payments on behalf of a
940		-	dependent child residing in a residential [foster family home or a]
941		-	child-care facility [institution] in accordance with the
942		-	provisions of this chapter and commission rules.
943		-	SECTION 44. Section 42.002, Human Resources Code, is
944		-	amended by amending Subdivisions (4), (5), (6), (10), (11), (12),
945		-	(13), and (19) and adding Subdivision (24) to read as follows:
946		-	(4) "General residential operation" means a
947		-	child-care facility that provides care for seven or more [than 12]
948		-	children for 24 hours a day, including facilities known as
949		-	[children's homes, halfway houses,] residential treatment centers
950		-	and[,] emergency shelters[, and therapeutic camps].
951		-	(5) "Continuum-of-care residential operation" means a
952		-	group of residential child-care facilities that operate under the
953		-	same license or certification to provide a continuum of services to
954		-	children ["Foster group home" means a child-care facility that
955		-	provides care for 7 to 12 children for 24 hours a day].
956		-	(6) "Cottage [Foster] home operation" means cottage
957		-	family homes that:
958		-	(A) are identified on the operation's license;
959		-	(B) share a child-care administrator who is
960		-	responsible for oversight for all homes within the operation; and
961		-	(C) are all in or near the same location as
962		-	defined by department rule [a child-care facility that provides
963		-	care for not more than six children for 24 hours a day].
964		-	(10) "Cottage family home" means a family residential
965		-	setting with one or more homes operating under the license of a
966		-	cottage home operation and in which:
967		-	(A) each home has at least one houseparent who
968		-	lives at the home while children are in care; and
969		-	(B) based on the size of the home and the
970		-	children's needs, each home cares for not more than six children
971		-	["Agency foster group home" means a facility that provides care for
972		-	seven to 12 children for 24 hours a day, is used only by a licensed
973		-	child-placing agency, and meets department standards].
974		-	(11) "Agency foster home" means a facility that
975		-	provides care for not more than six children for 24 hours a day, is
976		-	used only by a licensed child-placing agency or continuum-of-care
977		-	residential operation, and meets department standards.
978		-	(12) "Child-placing agency" means a person, including
979		-	an organization, other than the natural parents or guardian of a
980		-	child who plans for the placement of or places a child in a
981		-	child-care facility, agency foster home, [agency foster group
982		-	home,] or adoptive home.
983		-	(13) "Facilities" includes child-care facilities,
984		-	[and] child-placing agencies, and continuum-of-care residential
985		-	operations.
986		-	(19) "Residential child-care facility" means a
987		-	facility licensed or certified by the department that operates for
988		-	all of the 24-hour day. The term includes general residential
989		-	operations, child-placing agencies, specialized child-care [foster
990		-	group] homes, cottage home operations [foster homes],
991		-	continuum-of-care residential operations [agency foster group
992		-	homes], and agency foster homes.
993		-	(24) "Specialized child-care home" means a child-care
994		-	facility that:
995		-	(A) based on the size of the home and the
996		-	children's needs, provides care for not more than six children for
997		-	24 hours a day; and
998		-	(B) has a director and has at least one
999		-	houseparent who lives at the home while children are in care.
1000		-	SECTION 45. Subchapter A, Chapter 42, Human Resources Code,
1001		-	is amended by adding Section 42.0031 to read as follows:
1002		-	Sec. 42.0031. REFERENCE TO PART OF CONTINUUM-OF-CARE
1003		-	OPERATION. With respect to a continuum-of-care operation, a
1004		-	reference in this code or in any other law to a type of residential
1005		-	child-care facility that is a part of a continuum-of-care operation
1006		-	shall be construed as a reference to that portion of the
1007		-	continuum-of-care operation, and the department may take all
1008		-	regulatory action with respect to the continuum-of-care operation
1009		-	that the department could take with respect to the type of
1010		-	residential child-care facility, as further specified in
1011		-	department rule.
1012		-	SECTION 46. Section 42.041(b), Human Resources Code, is
1013		-	amended to read as follows:
1014		-	(b) This section does not apply to:
1015		-	(1) a state-operated facility;
1016		-	(2) an agency foster home [or agency foster group
1017		-	home];
1018		-	(3) a facility that is operated in connection with a
1019		-	shopping center, business, religious organization, or
1020		-	establishment where children are cared for during short periods
1021		-	while parents or persons responsible for the children are attending
1022		-	religious services, shopping, or engaging in other activities,
1023		-	including retreats or classes for religious instruction, on or near
1024		-	the premises, that does not advertise as a child-care facility or
1025		-	day-care center, and that informs parents that it is not licensed by
1026		-	the state;
1027		-	(4) a school or class for religious instruction that
1028		-	does not last longer than two weeks and is conducted by a religious
1029		-	organization during the summer months;
1030		-	(5) a youth camp licensed by the Department of State
1031		-	Health Services;
1032		-	(6) a facility licensed, operated, certified, or
1033		-	registered by another state agency;
1034		-	(7) an educational facility that is accredited by the
1035		-	Texas Education Agency, the Southern Association of Colleges and
1036		-	Schools, or an accreditation body that is a member of the Texas
1037		-	Private School Accreditation Commission and that operates
1038		-	primarily for educational purposes for prekindergarten and above, a
1039		-	before-school or after-school program operated directly by an
1040		-	accredited educational facility, or a before-school or
1041		-	after-school program operated by another entity under contract with
1042		-	the educational facility, if the Texas Education Agency, the
1043		-	Southern Association of Colleges and Schools, or the other
1044		-	accreditation body, as applicable, has approved the curriculum
1045		-	content of the before-school or after-school program operated under
1046		-	the contract;
1047		-	(8) an educational facility that operates solely for
1048		-	educational purposes for prekindergarten through at least grade
1049		-	two, that does not provide custodial care for more than one hour
1050		-	during the hours before or after the customary school day, and that
1051		-	is a member of an organization that promulgates, publishes, and
1052		-	requires compliance with health, safety, fire, and sanitation
1053		-	standards equal to standards required by state, municipal, and
1054		-	county codes;
1055		-	(9) a kindergarten or preschool educational program
1056		-	that is operated as part of a public school or a private school
1057		-	accredited by the Texas Education Agency, that offers educational
1058		-	programs through grade six, and that does not provide custodial
1059		-	care during the hours before or after the customary school day;
1060		-	(10) a family home, whether registered or listed;
1061		-	(11) an educational facility that is integral to and
1062		-	inseparable from its sponsoring religious organization or an
1063		-	educational facility both of which do not provide custodial care
1064		-	for more than two hours maximum per day, and that offers an
1065		-	educational program in one or more of the
1066		-	following: prekindergarten through at least grade three,
1067		-	elementary grades, or secondary grades;
1068		-	(12) an emergency shelter facility, other than a
1069		-	facility that would otherwise require a license as a child-care
1070		-	facility under this section, that provides shelter or care to a
1071		-	minor and the minor's child or children, if any, under Section
1072		-	32.201, Family Code, if the facility:
1073		-	(A) is currently under a contract with a state or
1074		-	federal agency; or
1075		-	(B) meets the requirements listed under Section
1076		-	51.005(b)(3);
1077		-	(13) a juvenile detention facility certified under
1078		-	Section 51.12, Family Code, a juvenile correctional facility
1079		-	certified under Section 51.125, Family Code, a juvenile facility
1080		-	providing services solely for the Texas Juvenile Justice
1081		-	Department, or any other correctional facility for children
1082		-	operated or regulated by another state agency or by a political
1083		-	subdivision of the state;
1084		-	(14) an elementary-age (ages 5-13) recreation program
1085		-	operated by a municipality provided the governing body of the
1086		-	municipality annually adopts standards of care by ordinance after a
1087		-	public hearing for such programs, that such standards are provided
1088		-	to the parents of each program participant, and that the ordinances
1089		-	shall include, at a minimum, staffing ratios, minimum staff
1090		-	qualifications, minimum facility, health, and safety standards,
1091		-	and mechanisms for monitoring and enforcing the adopted local
1092		-	standards; and further provided that parents be informed that the
1093		-	program is not licensed by the state and the program may not be
1094		-	advertised as a child-care facility;
1095		-	(15) an annual youth camp held in a municipality with a
1096		-	population of more than 1.5 million that operates for not more than
1097		-	three months and that has been operated for at least 10 years by a
1098		-	nonprofit organization that provides care for the homeless;
1099		-	(16) a food distribution program that:
1100		-	(A) serves an evening meal to children two years
1101		-	of age or older; and
1102		-	(B) is operated by a nonprofit food bank in a
1103		-	nonprofit, religious, or educational facility for not more than two
1104		-	hours a day on regular business days;
1105		-	(17) a child-care facility that operates for less than
1106		-	three consecutive weeks and less than 40 days in a period of 12
1107		-	months;
1108		-	(18) a program:
1109		-	(A) in which a child receives direct instruction
1110		-	in a single skill, talent, ability, expertise, or proficiency;
1111		-	(B) that does not provide services or offerings
1112		-	that are not directly related to the single talent, ability,
1113		-	expertise, or proficiency;
1114		-	(C) that does not advertise or otherwise
1115		-	represent that the program is a child-care facility, day-care
1116		-	center, or licensed before-school or after-school program or that
1117		-	the program offers child-care services;
1118		-	(D) that informs the parent or guardian:
1119		-	(i) that the program is not licensed by the
1120		-	state; and
1121		-	(ii) about the physical risks a child may
1122		-	face while participating in the program; and
1123		-	(E) that conducts background checks for all
1124		-	program employees and volunteers who work with children in the
1125		-	program using information that is obtained from the Department of
1126		-	Public Safety;
1127		-	(19) an elementary-age (ages 5-13) recreation program
1128		-	that:
1129		-	(A) adopts standards of care, including
1130		-	standards relating to staff ratios, staff training, health, and
1131		-	safety;
1132		-	(B) provides a mechanism for monitoring and
1133		-	enforcing the standards and receiving complaints from parents of
1134		-	enrolled children;
1135		-	(C) does not advertise as or otherwise represent
1136		-	the program as a child-care facility, day-care center, or licensed
1137		-	before-school or after-school program or that the program offers
1138		-	child-care services;
1139		-	(D) informs parents that the program is not
1140		-	licensed by the state;
1141		-	(E) is organized as a nonprofit organization or
1142		-	is located on the premises of a participant's residence;
1143		-	(F) does not accept any remuneration other than a
1144		-	nominal annual membership fee;
1145		-	(G) does not solicit donations as compensation or
1146		-	payment for any good or service provided as part of the program; and
1147		-	(H) conducts background checks for all program
1148		-	employees and volunteers who work with children in the program
1149		-	using information that is obtained from the Department of Public
1150		-	Safety;
1151		-	(20) a living arrangement in a caretaker's home
1152		-	involving one or more children or a sibling group, excluding
1153		-	children who are related to the caretaker, in which the caretaker:
1154		-	(A) had a prior relationship with the child or
1155		-	sibling group or other family members of the child or sibling group;
1156		-	(B) does not care for more than one unrelated
1157		-	child or sibling group;
1158		-	(C) does not receive compensation or solicit
1159		-	donations for the care of the child or sibling group; and
1160		-	(D) has a written agreement with the parent to
1161		-	care for the child or sibling group;
1162		-	(21) a living arrangement in a caretaker's home
1163		-	involving one or more children or a sibling group, excluding
1164		-	children who are related to the caretaker, in which:
1165		-	(A) the department is the managing conservator of
1166		-	the child or sibling group;
1167		-	(B) the department placed the child or sibling
1168		-	group in the caretaker's home; and
1169		-	(C) the caretaker had a long-standing and
1170		-	significant relationship with the child or sibling group before the
1171		-	child or sibling group was placed with the caretaker;
1172		-	(22) a living arrangement in a caretaker's home
1173		-	involving one or more children or a sibling group, excluding
1174		-	children who are related to the caretaker, in which the child is in
1175		-	the United States on a time-limited visa under the sponsorship of
1176		-	the caretaker or of a sponsoring organization; [or]
1177		-	(23) a facility operated by a nonprofit organization
1178		-	that:
1179		-	(A) does not otherwise operate as a child-care
1180		-	facility that is required to be licensed under this section;
1181		-	(B) provides emergency shelter and care for not
1182		-	more than 15 days to children 13 years of age or older but younger
1183		-	than 18 years of age who are victims of human trafficking alleged
1184		-	under Section 20A.02, Penal Code;
1185		-	(C) is located in a municipality with a
1186		-	population of at least 600,000 that is in a county on an
1187		-	international border; and
1188		-	(D) meets one of the following criteria:
1189		-	(i) is licensed by, or operates under an
1190		-	agreement with, a state or federal agency to provide shelter and
1191		-	care to children; or
1192		-	(ii) meets the eligibility requirements for
1193		-	a contract under Section 51.005(b)(3); or
1194		-	(24) a facility that provides respite care exclusively
1195		-	for a local mental health authority under a contract with the local
1196		-	mental health authority.
1197		-	SECTION 47. Section 42.042, Human Resources Code, is
1198		-	amended by amending Subsections (e-1), (g), and (h-1) and adding
1199		-	Subsection (s) to read as follows:
1200		-	(e-1) The department may not prohibit possession of
1201		-	lawfully permitted firearms and ammunition in [a foster home of any
1202		-	type, including a foster group home, a foster home, an agency foster
1203		-	group home, and] an agency foster home. Minimum standards may be
1204		-	adopted under this section relating to safety and proper storage of
1205		-	firearms and ammunition, including standards requiring firearms
1206		-	and ammunition to be stored separately in locked locations.
1207		-	(g) In promulgating minimum standards the executive
1208		-	commissioner may recognize and treat differently the types of
1209		-	services provided by the following:
1210		-	(1) registered family homes;
1211		-	(2) child-care facilities, including general
1212		-	residential operations, cottage home operations [foster group
1213		-	homes], specialized child-care [foster] homes, group day-care
1214		-	homes, and day-care centers;
1215		-	(3) child-placing agencies;
1216		-	(4) agency foster homes;
1217		-	(5) continuum-of-care residential operations [agency
1218		-	foster group homes];
1219		-	(6) before-school or after-school programs; and
1220		-	(7) school-age programs.
1221		-	(h-1) The executive commissioner shall adopt rules
1222		-	governing:
1223		-	(1) the placement and care of children by a
1224		-	child-placing agency, as necessary to ensure the health and safety
1225		-	of those children;
1226		-	(2) the verification and monitoring of agency foster
1227		-	homes[, agency foster group homes,] and adoptive homes by a
1228		-	child-placing agency; and
1229		-	(3) if appropriate, child-placing agency staffing
1230		-	levels, office locations, and administration.
1231		-	(s) A continuum-of-care residential operation shall ensure
1232		-	that each residential child-care facility operating under the
1233		-	operation's license complies with this chapter and any standards
1234		-	and rules adopted under this chapter that apply to the facility.
1235		-	The executive commissioner by rule may prescribe the actions a
1236		-	continuum-of-care residential operation must take to comply with
1237		-	the minimum standards for each facility type.
1238		-	SECTION 48. Section 42.0421(e), Human Resources Code, is
1239		-	amended to read as follows:
1240		-	(e) In addition to other training required by this section,
1241		-	the executive commissioner by rule shall require an owner,
1242		-	operator, or employee of a day-care center, group day-care home,
1243		-	registered family home, general residential operation, cottage
1244		-	home operation [foster group home], or specialized child-care
1245		-	[agency foster group] home who transports a child under the care of
1246		-	the facility whose chronological or developmental age is younger
1247		-	than nine years of age to complete at least two hours of annual
1248		-	training on transportation safety.
1249		-	SECTION 49. Section 42.044(e), Human Resources Code, is
1250		-	amended to read as follows:
1251		-	(e) In addition to the department's responsibility to
1252		-	investigate an agency foster home [or agency foster group home]
1253		-	under Subsection (c), the department shall:
1254		-	(1) periodically conduct inspections of a random
1255		-	sample of agency foster homes [and agency foster group homes];
1256		-	(2) investigate any report of a serious incident in an
1257		-	agency foster home [or agency foster group home] that pertains to a
1258		-	child under the age of six;
1259		-	(3) investigate any alleged violation of a minimum
1260		-	standard by an agency foster home [or agency foster group home] that
1261		-	poses a high degree of risk to a child in the care of the home who is
1262		-	under the age of six; and
1263		-	(4) conduct at least one annual enforcement team
1264		-	conference for each child-placing agency to thoroughly review the
1265		-	investigations or inspections of the child-placing agency and all
1266		-	of its agency foster homes to monitor and enforce compliance by a
1267		-	child-placing agency with rules and standards established under
1268		-	Section 42.042.
1269		-	SECTION 50. Section 42.0448, Human Resources Code, is
1270		-	amended to read as follows:
1271		-	Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The
1272		-	department shall notify a child-placing agency or a
1273		-	continuum-of-care residential operation that includes a
1274		-	child-placing agency of each family violence report the department
1275		-	receives under Article 5.05, Code of Criminal Procedure, that:
1276		-	(1) occurred at an agency foster home [verified by the
1277		-	child-placing agency]; or
1278		-	(2) involves a person who resides at an agency foster
1279		-	home [verified by the child-placing agency].
1280		-	SECTION 51. Section 42.0449, Human Resources Code, is
1281		-	amended to read as follows:
1282		-	Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY
1283		-	VIOLENCE CALL. The executive commissioner shall adopt rules
1284		-	specifying the actions that the department, [an independent foster
1285		-	home, and] a child-placing agency, and a continuum-of-care
1286		-	residential operation that includes a child-placing agency shall
1287		-	take after receiving notice of a family violence report under
1288		-	Article 5.05, Code of Criminal Procedure, or Section 42.0448 to
1289		-	ensure the health, safety, and welfare of each child residing in the
1290		-	[licensed foster home or] verified agency foster home.
1291		-	SECTION 52. Section 42.045(d), Human Resources Code, is
1292		-	amended to read as follows:
1293		-	(d) A [An independent foster home and a] child-placing
1294		-	agency shall notify the department of any change of address for an
1295		-	[a licensed foster home or a verified] agency foster home. The
1296		-	[independent foster home and] child-placing agency shall notify the
1297		-	department of the address change within the earlier of two business
1298		-	days or 72 hours of the date the agency foster home changes its
1299		-	address.
1300		-	SECTION 53. The heading to Section 42.0451, Human Resources
1301		-	Code, is amended to read as follows:
1302		-	Sec. 42.0451. DATABASE OF AGENCY FOSTER HOMES; INFORMATION
1303		-	PROVIDED TO DEPARTMENT OF PUBLIC SAFETY.
1304		-	SECTION 54. Sections 42.0451(a) and (c), Human Resources
1305		-	Code, are amended to read as follows:
1306		-	(a) The department shall maintain a database of [licensed
1307		-	foster homes and verified] agency foster homes including the
1308		-	current address for each agency foster [licensed or verified] home
1309		-	as reported to the department. The database must be updated on a
1310		-	regular basis.
1311		-	(c) The Department of Public Safety shall include the
1312		-	information provided under Subsection (b) in the Texas Crime
1313		-	Information Center database and establish a procedure by which a
1314		-	peace officer or employee of a law enforcement agency who provides
1315		-	the department with a street address is automatically provided
1316		-	information as to whether the address is [licensed as a foster home
1317		-	or] verified as an agency foster home under this chapter.
1318		-	SECTION 55. Section 42.0452, Human Resources Code, is
1319		-	amended to read as follows:
1320		-	Sec. 42.0452. FOSTER PARENT RIGHTS AND RESPONSIBILITIES
1321		-	STATEMENT. (a) The department shall develop a statement that lists
1322		-	the rights and responsibilities of a foster parent in [a foster home
1323		-	or] an agency foster home and [of the department or] a child-placing
1324		-	agency, as applicable.
1325		-	(b) The department shall provide a written copy of the
1326		-	statement developed under Subsection (a) to each foster parent in
1327		-	an agency [a] foster home and to each child-placing agency licensed
1328		-	by the department. A child-placing agency shall provide a written
1329		-	copy of the statement developed under Subsection (a) to each foster
1330		-	parent in an agency foster home verified by the child-placing
1331		-	agency.
1332		-	SECTION 56. Section 42.046(a), Human Resources Code, is
1333		-	amended to read as follows:
1334		-	(a) An applicant for a license to operate a child-care
1335		-	facility, [or] child-placing agency, or continuum-of-care
1336		-	residential operation or for a listing or registration to operate a
1337		-	family home shall submit to the department the appropriate fee
1338		-	prescribed by Section 42.054 and a completed application on a form
1339		-	provided by the department.
1340		-	SECTION 57. The heading to Section 42.0461, Human Resources
1341		-	Code, is amended to read as follows:
1342		-	Sec. 42.0461. PUBLIC NOTICE AND HEARING [IN CERTAIN
1343		-	COUNTIES]: RESIDENTIAL CHILD CARE.
1344		-	SECTION 58. Sections 42.0461(a), (d), and (e), Human
1345		-	Resources Code, are amended to read as follows:
1346		-	(a) Before the department may issue a license or certificate
1347		-	for the operation or the expansion of the capacity [of a foster
1348		-	group home or foster family home that is located in a county with a
1349		-	population of less than 300,000 and that provides child care for 24
1350		-	hours a day at a location other than the actual residence of a
1351		-	child's primary caretaker or] of a general residential operation, a
1352		-	cottage home operation, or a continuum-of-care residential
1353		-	operation that is located in a county with a population of less than
1354		-	300,000, the applicant for the license, certificate, or expansion
1355		-	shall, at the applicant's expense:
1356		-	(1) conduct a public hearing on the application in
1357		-	accordance with department rules after notifying the department of
1358		-	the date, time, and location of the hearing; and
1359		-	(2) publish notice of the application in a newspaper
1360		-	of general circulation in the community in which the child-care
1361		-	services are proposed to be provided.
1362		-	(d) Before issuing a license or certificate described by
1363		-	Subsection (a), the department shall consider written information
1364		-	provided by an interested party directly to the department's
1365		-	representative at the public hearing concerning:
1366		-	(1) the amount of local resources available to support
1367		-	children proposed to be served by the applicant;
1368		-	(2) the impact of the proposed child-care services on
1369		-	the ratio in the local school district of students enrolled in a
1370		-	special education program to students enrolled in a regular
1371		-	education program and the effect, if any, on the children proposed
1372		-	to be served by the applicant; and
1373		-	(3) the impact of the proposed child-care services on
1374		-	the community and the effect on opportunities for social
1375		-	interaction for the children proposed to be served by the
1376		-	applicant.
1377		-	(e) Based on the written information provided to the
1378		-	department's representative at the public hearing, the [The]
1379		-	department may deny the application if the department determines
1380		-	that:
1381		-	(1) the community has insufficient resources to
1382		-	support children proposed to be served by the applicant;
1383		-	(2) granting the application would significantly
1384		-	increase the ratio in the local school district of students
1385		-	enrolled in a special education program to students enrolled in a
1386		-	regular education program and the increase would adversely affect
1387		-	the children proposed to be served by the applicant; or
1388		-	(3) granting the application would have a significant
1389		-	adverse impact on the community and would limit opportunities for
1390		-	social interaction for the children proposed to be served by the
1391		-	applicant.
1392		-	SECTION 59. Subchapter C, Chapter 42, Human Resources Code,
1393		-	is amended by adding Section 42.0463 to read as follows:
1394		-	Sec. 42.0463. EXPANSION OF CAPACITY. (a) Notwithstanding
1395		-	the limitations established by Section 42.002, the department may:
1396		-	(1) develop, by rule, criteria to determine when it
1397		-	may be appropriate to exclude children who are related to a
1398		-	caretaker in determining a residential child-care facility's total
1399		-	capacity; and
1400		-	(2) issue an exception in accordance with department
1401		-	rules allowing an agency foster home, cottage family home, or
1402		-	specialized child-care home to expand its capacity and care for not
1403		-	more than eight children.
1404		-	(b) The department may include children who are related to a
1405		-	caretaker when determining under Subsection (a)(1) whether a
1406		-	residential child-care facility complies with the standards
1407		-	relating to total capacity or child-to-caregiver ratios for the
1408		-	facility.
1409		-	SECTION 60. Section 42.048(e), Human Resources Code, is
1410		-	amended to read as follows:
1411		-	(e) A license issued under this chapter is not transferable
1412		-	and applies only to the operator and facility location stated in the
1413		-	license application. Except as provided by this subsection, a
1414		-	change in location or ownership automatically revokes a license. A
1415		-	change in location of a child-placing agency does not automatically
1416		-	revoke the license to operate the child-placing agency. A
1417		-	residential child-care facility operating under the license of a
1418		-	continuum-of-care residential operation that changes location may
1419		-	not continue to operate under that license unless the department
1420		-	approves the new location after the continuum-of-care residential
1421		-	operation meets all requirements related to the new location.
1422		-	SECTION 61. Section 42.053, Human Resources Code, is
1423		-	amended to read as follows:
1424		-	Sec. 42.053. AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP
1425		-	HOMES]. (a) An agency foster home [or agency foster group home] is
1426		-	considered part of the child-placing agency that operates the
1427		-	agency foster home [or agency foster group home] for purposes of
1428		-	licensing.
1429		-	(b) The operator of a licensed agency shall display a copy
1430		-	of the license in a prominent place in the agency foster home [or
1431		-	agency foster group home] used by the agency.
1432		-	(c) An agency foster home [or agency foster group home]
1433		-	shall comply with all provisions of this chapter and all department
1434		-	rules and standards that apply to a child-care facility caring for a
1435		-	similar number of children for a similar number of hours each day.
1436		-	(d) The department shall revoke or suspend the license of a
1437		-	child-placing agency if an agency foster home [or agency foster
1438		-	group home] operated by the licensed agency fails to comply with
1439		-	Subsection (c).
1440		-	(e) Before verifying an agency foster home, a child-placing
1441		-	agency may issue a provisional verification to the home. The
1442		-	executive commissioner by rule may establish the criteria for a
1443		-	child-placing agency to issue a provisional verification to a
1444		-	prospective agency foster home.
1445		-	(f) If a child-placing agency under contract with the
1446		-	division to provide services as an integrated care coordinator
1447		-	places children with caregivers described by Subchapter I, Chapter
1448		-	264, Family Code, those caregivers are not considered a part of the
1449		-	child-placing agency for purposes of licensing.
1450		-	SECTION 62. Section 42.0531, Human Resources Code, is
1451		-	amended to read as follows:
1452		-	Sec. 42.0531. SECURE AGENCY FOSTER HOMES [AND SECURE AGENCY
1453		-	FOSTER GROUP HOMES]. (a) The commissioners court of a county or
1454		-	governing body of a municipality may contract with a child-placing
1455		-	agency to verify a secure agency foster home [or secure agency
1456		-	foster group home] to provide a safe and therapeutic environment
1457		-	tailored to the needs of children who are victims of trafficking.
1458		-	(b) A child-placing agency may not verify a secure agency
1459		-	foster home [or secure agency foster group home] to provide
1460		-	services under this section unless the child-placing agency holds a
1461		-	license issued under this chapter that authorizes the agency to
1462		-	provide services to victims of trafficking in accordance with
1463		-	department standards adopted under this chapter for child-placing
1464		-	agencies.
1465		-	(c) A secure agency foster home [or secure agency foster
1466		-	group home] verified under this section must provide:
1467		-	(1) mental health and other services specifically
1468		-	designed to assist children who are victims of trafficking under
1469		-	Section 20A.02 or 20A.03, Penal Code, including:
1470		-	(A) victim and family counseling;
1471		-	(B) behavioral health care;
1472		-	(C) treatment and intervention for sexual
1473		-	assault;
1474		-	(D) education tailored to the child's needs;
1475		-	(E) life skills training;
1476		-	(F) mentoring; and
1477		-	(G) substance abuse screening and treatment as
1478		-	needed;
1479		-	(2) individualized services based on the trauma
1480		-	endured by a child, as determined through comprehensive assessments
1481		-	of the service needs of the child;
1482		-	(3) 24-hour services; and
1483		-	(4) appropriate security through facility design,
1484		-	hardware, technology, and staffing.
1485		-	SECTION 63. Sections 42.0535(a), (b), (d), and (e), Human
1486		-	Resources Code, are amended to read as follows:
1487		-	(a) A child-placing agency that seeks to verify an agency
1488		-	foster home [or an agency group home] shall request background
1489		-	information about the agency foster home [or group home] from a
1490		-	child-placing agency that has previously verified the home as an
1491		-	[that] agency foster home or agency foster group home.
1492		-	(b) Notwithstanding Section 261.201, Family Code, a
1493		-	child-placing agency that has verified an agency foster home or an
1494		-	agency foster group home is required to release to another
1495		-	child-placing agency background information requested under
1496		-	Subsection (a).
1497		-	(d) For purposes of this section, background information
1498		-	means the home study under which the agency foster home or agency
1499		-	foster group home was verified by the previous child-placing agency
1500		-	and any record of noncompliance with state minimum standards
1501		-	received and the resolution of any such noncompliance by the
1502		-	previous child-placing agency.
1503		-	(e) The executive commissioner by rule shall develop a
1504		-	process by which a child-placing agency shall report to the
1505		-	department:
1506		-	(1) the name of any agency [verified] foster home [or
1507		-	foster group home] that has been closed for any reason, including a
1508		-	voluntary closure;
1509		-	(2) information regarding the reasons for the closure
1510		-	of the agency foster home [or foster group home]; and
1511		-	(3) the name and other contact information of a person
1512		-	who may be contacted by another child-placing agency to obtain the
1513		-	records relating to the closed agency foster home [or foster group
1514		-	home] that are required to be maintained and made available under
1515		-	this section.
1516		-	SECTION 64. Sections 42.054(a), (b), (d), and (g), Human
1517		-	Resources Code, are amended to read as follows:
1518		-	(a) The department shall charge an applicant a
1519		-	nonrefundable application fee for an initial license to operate a
1520		-	child-care facility, [or] a child-placing agency, or a
1521		-	continuum-of-care residential operation.
1522		-	(b) The department shall charge each child-care facility a
1523		-	fee for an initial license. The department shall charge each
1524		-	child-placing agency and continuum-of-care residential operation a
1525		-	fee for an initial license.
1526		-	(d) The department shall charge each licensed child-placing
1527		-	agency and continuum-of-care residential operation an annual
1528		-	license fee. The fee is due on the date on which the department
1529		-	issues the [child-placing agency's] initial license to the
1530		-	child-placing agency or continuum-of-care residential operation
1531		-	and on the anniversary of that date.
1532		-	(g) The provisions of Subsections (b) through (f) do not
1533		-	apply to:
1534		-	(1) [licensed foster homes and licensed foster group
1535		-	homes;
1536		-	[(2)] nonprofit facilities regulated under this
1537		-	chapter that provided 24-hour care for children in the managing
1538		-	conservatorship of the department during the 12-month period
1539		-	immediately preceding the anniversary date of the facility's
1540		-	license;
1541		-	(2) [(3)] facilities operated by a nonprofit
1542		-	corporation or foundation that provides 24-hour residential care
1543		-	and does not charge for the care provided; or
1544		-	(3) [(4)] a family home listed under Section 42.0523
1545		-	in which the relative child-care provider cares for the child in the
1546		-	child's own home.
1547		-	SECTION 65. Section 42.0561, Human Resources Code, is
1548		-	amended to read as follows:
1549		-	Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE
1550		-	REPORTS. Before [the department may issue a license or
1551		-	registration for a foster home or] a child-placing agency may issue
1552		-	a verification certificate for an agency foster home, the
1553		-	[department or] child-placing agency must obtain information
1554		-	relating to each family violence report at the applicant's
1555		-	residence to which a law enforcement agency responded during the 12
1556		-	months preceding the date of the application. The applicant shall
1557		-	provide the information on a form prescribed by the department.
1558		-	SECTION 66. Section 42.063(d), Human Resources Code, is
1559		-	amended to read as follows:
1560		-	(d) An employee or volunteer of a general residential
1561		-	operation, child-placing agency, continuum-of-care residential
1562		-	operation, cottage home operation [foster home], or specialized
1563		-	child-care [foster group] home shall report any serious incident
1564		-	directly to the department if the incident involves a child under
1565		-	the care of the operation, agency, or home.
1566		-	SECTION 67. Subchapter C, Chapter 42, Human Resources Code,
	728	+	SECTION 29. Subchapter C, Chapter 42, Human Resources Code,
1567	729		is amended by adding Section 42.066 to read as follows:
1568	730		Sec. 42.066. REQUIRED SUBMISSION OF INFORMATION REQUESTED
1569	731		BY COURT. A general residential operation that provides mental
1570	732		health treatment or services to a child in the managing
1571	733		conservatorship of the department shall timely submit to the court
1572	734		in a suit affecting the parent-child relationship under Subtitle E,
1573	735		Title 5, Family Code, all information requested by that court.
1574		-	SECTION 68. The heading to Section 25.07, Penal Code, is
	736	+	SECTION 30. The heading to Section 25.07, Penal Code, is
1575	737		amended to read as follows:
1576	738		Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
1577	739		OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
1578	740		OR ABUSE, STALKING, OR TRAFFICKING CASE.
1579		-	SECTION 69. Section 25.07(a), Penal Code, is amended to
	741	+	SECTION 31. Section 25.07(a), Penal Code, is amended to
1580	742		read as follows:
1581	743		(a) A person commits an offense if, in violation of a
1582	744		condition of bond set in a family violence, sexual assault or abuse,
1583	745		stalking, or trafficking case and related to the safety of a victim
1584	746		or the safety of the community, an order issued under Chapter 7A,
1585	747		Code of Criminal Procedure, an order issued under Article 17.292,
1586	748		Code of Criminal Procedure, an order issued under Section 6.504,
1587	749		Family Code, Chapter 83, Family Code, if the temporary ex parte
1588	750		order has been served on the person, [or] Chapter 85, Family Code,
1589	751		or Subchapter F, Chapter 261, Family Code, or an order issued by
1590	752		another jurisdiction as provided by Chapter 88, Family Code, the
1591	753		person knowingly or intentionally:
1592	754		(1) commits family violence or an act in furtherance
1593	755		of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
1594	756		(2) communicates:
1595	757		(A) directly with a protected individual or a
1596	758		member of the family or household in a threatening or harassing
1597	759		manner;
1598	760		(B) a threat through any person to a protected
1599	761		individual or a member of the family or household; or
1600	762		(C) in any manner with the protected individual
1601	763		or a member of the family or household except through the person's
1602	764		attorney or a person appointed by the court, if the violation is of
1603	765		an order described by this subsection and the order prohibits any
1604	766		communication with a protected individual or a member of the family
1605	767		or household;
1606	768		(3) goes to or near any of the following places as
1607	769		specifically described in the order or condition of bond:
1608	770		(A) the residence or place of employment or
1609	771		business of a protected individual or a member of the family or
1610	772		household; or
1611	773		(B) any child care facility, residence, or school
1612	774		where a child protected by the order or condition of bond normally
1613	775		resides or attends;
1614	776		(4) possesses a firearm;
1615	777		(5) harms, threatens, or interferes with the care,
1616	778		custody, or control of a pet, companion animal, or assistance
1617	779		animal that is possessed by a person protected by the order or
1618	780		condition of bond; or
1619	781		(6) removes, attempts to remove, or otherwise tampers
1620	782		with the normal functioning of a global positioning monitoring
1621	783		system.
1622		-	SECTION 70. The heading to Section 25.072, Penal Code, is
	784	+	SECTION 32. The heading to Section 25.072, Penal Code, is
1623	785		amended to read as follows:
1624	786		Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
1625	787		CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
1626	788		SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
1627		-	SECTION 71. Sections 42.0461(f) and (g), Human Resources
1628		-	Code, are repealed.
1629		-	SECTION 72. (a) In this section:
	789	+	SECTION 33. (a) In this section:
1630	790		(1) "Attorney ad litem" has the meaning assigned by
1631	791		Section 107.001, Family Code.
1632	792		(2) "Commission" means the Permanent Judicial
1633	793		Commission for Children, Youth and Families established by the
1634	794		supreme court.
1635	795		(b) The commission shall study the appointment and use of
1636	796		attorneys ad litem in cases involving the Department of Family and
1637	797		Protective Services. The commission shall:
1638	798		(1) examine:
1639	799		(A) the method for appointing attorneys ad litem;
1640	800		(B) the oversight and accountability measures
1641	801		used across the state to monitor attorneys ad litem;
1642	802		(C) the methods by which qualifications for
1643	803		appointment as an attorney ad litem and training requirements for
1644	804		an attorney ad litem are established and enforced;
1645	805		(D) the timing of and duration of appointments;
1646	806		(E) the rate of compensation for appointments and
1647	807		the method for establishing compensation rates across the state;
1648	808		(F) the quality of representation and methods for
1649	809		assessing performance of attorneys ad litem;
1650	810		(G) the pretrial and posttrial client
1651	811		satisfaction with representation by attorneys ad litem
1652	812		representing parents and attorneys ad litem representing children;
1653	813		(H) organizational studies and national
1654	814		standards related to the workload of attorneys ad litem;
1655	815		(I) the best practices for attorneys ad litem;
1656	816		and
1657	817		(J) the estimated and average costs associated
1658	818		with legal representation by an attorney ad litem per child
1659	819		compared with the costs associated with foster care per child;
1660	820		(2) conduct a survey of attorneys ad litem about the
1661	821		attorney's training, including:
1662	822		(A) the attorney's legal education;
1663	823		(B) whether the attorney is certified as a
1664	824		specialist by the Texas Board of Legal Specialization in any area of
1665	825		law; and
1666	826		(C) the professional standards followed by the
1667	827		attorney;
1668	828		(3) perform a statistical analysis of the data and
1669	829		information collected under Subdivisions (1) and (2) of this
1670	830		subsection; and
1671	831		(4) develop policy recommendations for improving the
1672	832		attorney ad litem appointment process.
1673	833		(c) The commission shall prepare a report based on the
1674	834		findings of the study conducted under this section and shall submit
1675	835		the report to each member of the legislature not later than
1676	836		September 1, 2018.
1677		-	SECTION 73. (a) The changes in law made by this Act apply
	837	+	SECTION 34. (a) The changes in law made by this Act apply
1678	838		only to a service plan filed for a full adversary hearing held under
1679	839		Section 262.201, Family Code, or a status hearing held under
1680	840		Chapter 263, Family Code, on or after January 1, 2018. A hearing
1681	841		held before that date is governed by the law in effect immediately
1682	842		before the effective date of this Act, and that law is continued in
1683	843		effect for that purpose.
1684	844		(b) The changes made by this Act to Section 263.401, Family
1685	845		Code, apply only to a suit affecting the parent-child relationship
1686	846		pending in a trial court on the effective date of this Act or filed
1687	847		on or after the effective date of this Act. A suit affecting the
1688	848		parent-child relationship in which a final order is rendered before
1689	849		the effective date of this Act is governed by the law in effect on
1690	850		the date the order was rendered, and the former law is continued in
1691	851		effect for that purpose.
1692	852		(c) Except as otherwise provided by this section, the
1693	853		changes in law made by this Act apply only to a suit affecting the
1694	854		parent-child relationship filed on or after the effective date of
1695	855		this Act. A suit affecting the parent-child relationship filed
1696	856		before the effective date of this Act is subject to the law in
1697	857		effect at the time the suit was filed, and the former law is
1698	858		continued in effect for that purpose.
1699		-	SECTION 74. Subchapter F, Chapter 261, Family Code, as
	859	+	SECTION 35. Subchapter F, Chapter 261, Family Code, as
1700	860		added by this Act, Section 262.206, Family Code, as added by this
1701	861		Act, Section 572.001, Health and Safety Code, as amended by this
1702	862		Act, and Section 25.07(a), Penal Code, as amended by this Act, take
1703	863		effect only if a specific appropriation for the implementation of
1704	864		those sections is provided in a general appropriations act of the
1705	865		85th Legislature.
1706		-	SECTION 75. Subject to an appropriation of funds for this
1707		-	purpose, the executive commissioner of the Health and Human
1708		-	Services Commission shall adopt minimum standards related to
1709		-	continuum-of-care operations, cottage home operations, and
1710		-	specialized child-care homes as provided by Section 42.042, Human
1711		-	Resources Code, as amended by this Act, as soon as practicable after
1712		-	the effective date of this Act.
1713		-	SECTION 76. (a) The executive commissioner of the Health
1714		-	and Human Services Commission shall develop and implement a
1715		-	procedure by which a residential child-care facility that holds a
1716		-	license or certification issued under Chapter 42, Human Resources
1717		-	Code, may convert the license or certification to a new type of
1718		-	residential child-care facility license or certification created
1719		-	by this Act.
1720		-	(b) With respect to a residential child-care facility
1721		-	converting a license or certification under Subsection (a) of this
1722		-	section, the Health and Human Services Commission may waive
1723		-	requirements for an initial inspection, an initial background and
1724		-	criminal history check, or a family violence report, or for notice
1725		-	and hearing if the commission determines that previous inspections,
1726		-	background and criminal history checks, family violence reports, or
1727		-	notice and hearing, as applicable, were conducted and are
1728		-	sufficient to ensure the safety of children receiving care at the
1729		-	residential child-care facility converting a license or
1730		-	certification.
1731		-	SECTION 77. (a) The executive commissioner of the Health
1732		-	and Human Services Commission shall develop and implement a
1733		-	procedure that requires a foster home or a foster group home that
1734		-	holds a license issued by the Department of Family and Protective
1735		-	Services under Chapter 42, Human Resources Code, before September
1736		-	1, 2017, to convert the license to another residential child-care
1737		-	facility license issued under Chapter 42, Human Resources Code, or
1738		-	relinquish the license.
1739		-	(b) With respect to a foster home or foster group home
1740		-	converting a license under Subsection (a) of this section, the
1741		-	Health and Human Services Commission may waive requirements for an
1742		-	initial inspection, an initial background and criminal history
1743		-	check, or a family violence report, or for notice and hearing if the
1744		-	commission determines that previous inspections, background and
1745		-	criminal history checks, family violence reports, or notice and
1746		-	hearing, as applicable, were conducted and are sufficient to ensure
1747		-	the safety of children receiving care at the foster home or foster
1748		-	group home converting a license or certification.
1749		-	(c) The Department of Family and Protective Services may not
1750		-	issue a license or certification to a foster home or foster group
1751		-	home after August 31, 2017.
1752		-	(d) A foster home or a foster group home that was licensed by
1753		-	the department before September 1, 2017, may continue to operate
1754		-	under the law as it existed immediately before the effective date of
1755		-	this Act, and that law is continued in effect for that purpose,
1756		-	until each foster home and foster group home has been converted to
1757		-	another residential child-care facility license or the license has
1758		-	been relinquished.
1759		-	SECTION 78. (a) The executive commissioner of the Health
1760		-	and Human Services Commission shall develop and implement a
1761		-	procedure that requires a child-placing agency that verified,
1762		-	before September 1, 2017, an agency foster group home according to
1763		-	the Minimum Standards for Child-Placing Agencies to convert the
1764		-	agency foster group home to an agency foster home or to close the
1765		-	agency foster group home.
1766		-	(b) With respect to a child-placing agency converting an
1767		-	agency foster group home under Subsection (a) of this section, the
1768		-	Health and Human Services Commission may waive requirements for an
1769		-	initial inspection, an initial background and criminal history
1770		-	check, or a family violence report, if the commission determines
1771		-	that previous inspections, background and criminal history checks,
1772		-	or family violence reports, as applicable, were conducted and are
1773		-	sufficient to ensure the safety of children receiving care at the
1774		-	agency foster home.
1775		-	(c) A child-placing agency may not verify an agency foster
1776		-	group home after August 31, 2017.
1777		-	(d) An agency foster group home that was verified by a
1778		-	child-placing agency before September 1, 2017, may continue to
1779		-	operate under the child-placing agency that verified the home and
1780		-	under the law as it existed immediately before the effective date of
1781		-	this Act, and that law is continued in effect for that purpose,
1782		-	until each agency foster group home has been converted to a verified
1783		-	foster home or has been closed.
1784		-	SECTION 79. Except as otherwise provided by this Act, this
	866	+	SECTION 36. Except as otherwise provided by this Act, this
1785	867		Act takes effect September 1, 2017.
1786		-	______________________________ ______________________________
1787		-	President of the Senate Speaker of the House
1788		-	I certify that H.B. No. 7 was passed by the House on May 9,
1789		-	2017, by the following vote: Yeas 145, Nays 1, 1 present, not
1790		-	voting; and that the House concurred in Senate amendments to H.B.
1791		-	No. 7 on May 26, 2017, by the following vote: Yeas 140, Nays 0, 2
1792		-	present, not voting.
1793		-	______________________________
1794		-	Chief Clerk of the House
1795		-	I certify that H.B. No. 7 was passed by the Senate, with
1796		-	amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
1797		-	0.
1798		-	______________________________
1799		-	Secretary of the Senate
1800		-	APPROVED: __________________
1801		-	Date
1802		-	__________________
1803		-	Governor
	868	+	* * * * *