Texas 2017 - 85th Regular

Texas House Bill HB701 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1625 YDB-D
2	2	By: Wu H.B. No. 701
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain service plans for children in the care of the
8	8	Department of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 262.201, Family Code, is amended by
11	11	amending Subsection (c) and adding Subsection (c-1) to read as
12	12	follows:
13	13	(c) If the court finds sufficient evidence to satisfy a
14	14	person of ordinary prudence and caution that there is a continuing
15	15	danger to the physical health or safety of the child and for the
16	16	child to remain in the home is contrary to the welfare of the child,
17	17	the court shall:
18	18	(1) issue an appropriate temporary order under Chapter
19	19	105;
20	20	(2) [. The court shall] require each parent, alleged
21	21	father, or relative of the child before the court to:
22	22	(A) complete the proposed child placement
23	23	resources form provided under Section 261.307;
24	24	(B) [and] file the form with the court, if the
25	25	form has not been previously filed with the court;[,] and
26	26	(C) provide the Department of Family and
27	27	Protective Services with information necessary to locate any other
28	28	absent parent, alleged father, or relative of the child;
29	29	(3) [. The court shall] inform each parent, alleged
30	30	father, or relative of the child before the court that the person's
31	31	failure to submit the proposed child placement resources form will
32	32	not delay any court proceedings relating to the child;
33	33	(4) [. The court shall] inform each parent in open
34	34	court that parental and custodial rights and duties may be subject
35	35	to restriction or to termination unless the parent or parents are
36	36	willing and able to provide the child with a safe environment; and
37	37	(5) after reviewing the basic service plan required
38	38	under Section 262.206 and making any change or modification the
39	39	court considers necessary, incorporate the plan into the order of
40	40	the court and render any additional appropriate order to implement
41	41	or require compliance with the plan.
42	42	(c-1) If the court finds that the child requires protection
43	43	from family violence by a member of the child's family or household,
44	44	the court shall render a protective order under Title 4 for the
45	45	child. In this subsection, "family violence" has the meaning
46	46	assigned by Section 71.004.
47	47	SECTION 2. Subchapter C, Chapter 262, Family Code, is
48	48	amended by adding Section 262.206 to read as follows:
49	49	Sec. 262.206. BASIC SERVICE PLAN. (a) The Department of
50	50	Family and Protective Services shall develop a uniform basic family
51	51	service plan to be filed with the court at each full adversary
52	52	hearing held under Section 262.201.
53	53	(b) The basic service plan must:
54	54	(1) be in writing;
55	55	(2) specify the primary permanency goal for the child;
56	56	(3) state the steps necessary to:
57	57	(A) return the child to the child's home if the
58	58	child is placed in foster care;
59	59	(B) enable the child to remain in the child's
60	60	home with the assistance of a service plan if the child's placement
61	61	is in the child's home under the department's supervision; or
62	62	(C) otherwise provide a safe placement for the
63	63	child;
64	64	(4) state the basic actions the child's parents must
65	65	take to achieve the plan goal during the period of the service plan
66	66	and the assistance to be provided to the parents by the department
67	67	or other agency toward meeting that goal;
68	68	(5) state any basic skill or knowledge that the child's
69	69	parents must acquire or learn and any basic behavioral change the
70	70	parents must exhibit to achieve the plan goal;
71	71	(6) state the initial actions the child's parents must
72	72	take to ensure that the child attends school and maintains or
73	73	improves the child's academic compliance; and
74	74	(7) prescribe any other basic condition that the
75	75	department determines necessary for the success of the service
76	76	plan.
77	77	(c) The basic service plan must include the following
78	78	statement:
79	79	TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE
80	80	OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
81	81	ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF
82	82	YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE
83	83	ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
84	84	RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
85	85	THERE WILL BE A COURT STATUS HEARING AT WHICH A JUDGE WILL REVIEW
86	86	THIS BASIC SERVICE PLAN.
87	87	(d) Not later than the fifth business day after the date the
88	88	full adversary hearing is held under Section 262.201, the
89	89	department shall:
90	90	(1) make all referrals necessary for the parents to
91	91	comply with the parents' responsibilities under the basic service
92	92	plan; and
93	93	(2) provide to the parents an accurate list of
94	94	approved providers who provide those services in the department
95	95	region in which the parent resides.
96	96	SECTION 3. The heading to Subchapter B, Chapter 263, Family
97	97	Code, is amended to read as follows:
98	98	SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN
99	99	SECTION 4. Sections 263.101, 263.102, and 263.103, Family
100	100	Code, are amended to read as follows:
101	101	Sec. 263.101. DEPARTMENT TO FILE INDIVIDUALIZED SERVICE
102	102	PLAN. Except as provided by Section 262.2015, not later than the
103	103	60th [45th] day after the date the court renders a temporary order
104	104	appointing the department as temporary managing conservator of a
105	105	child under Chapter 262, the department shall file an
106	106	individualized [a] service plan.
107	107	Sec. 263.102. INDIVIDUALIZED SERVICE PLAN; CONTENTS.
108	108	(a) The individualized service plan must:
109	109	(1) be specific;
110	110	(2) be in writing in a language that the parents
111	111	understand, or made otherwise available;
112	112	(3) be prepared by the department in conference with
113	113	the child's parents;
114	114	(4) state appropriate deadlines;
115	115	(5) specify the primary permanency goal and at least
116	116	one alternative permanency goal;
117	117	(6) state steps that are necessary to:
118	118	(A) return the child to the child's home if the
119	119	placement is in foster care;
120	120	(B) enable the child to remain in the child's
121	121	home with the assistance of a service plan if the placement is in
122	122	the home under the department's supervision; or
123	123	(C) otherwise provide a permanent safe placement
124	124	for the child;
125	125	(7) state the actions and responsibilities that are
126	126	necessary for the child's parents to take to achieve the plan goal
127	127	during the period of the service plan and the assistance to be
128	128	provided to the parents by the department or other agency toward
129	129	meeting that goal;
130	130	(8) state any specific skills or knowledge that the
131	131	child's parents must acquire or learn, as well as any behavioral
132	132	changes the parents must exhibit, to achieve the plan goal;
133	133	(9) state the actions and responsibilities that are
134	134	necessary for the child's parents to take to ensure that the child
135	135	attends school and maintains or improves the child's academic
136	136	compliance;
137	137	(10) state the name of the person with the department
138	138	whom the child's parents may contact for information relating to
139	139	the child if other than the person preparing the plan; and
140	140	(11) prescribe any other term or condition that the
141	141	department determines to be necessary to the service plan's
142	142	success.
143	143	(b) The individualized service plan must [shall] include
144	144	the following statement:
145	145	TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ITS]
146	146	PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
147	147	ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF
148	148	YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE
149	149	ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
150	150	RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
151	151	THERE WILL BE A COURT HEARING AT WHICH A JUDGE WILL REVIEW THIS
152	152	INDIVIDUALIZED SERVICE PLAN.
153	153	(c) The department shall provide with the individualized
154	154	service plan a list of approved providers in the department service
155	155	area in which the parent resides of the services necessary for the
156	156	parents to comply with the plan. The department shall maintain the
157	157	accuracy of the provider list.
158	158	(d) The department or other authorized entity must write the
159	159	individualized service plan in a manner that is clear and
160	160	understandable to the parent in order to facilitate the parent's
161	161	ability to follow the requirements of the service plan.
162	162	(e) Regardless of whether the goal stated in a child's
163	163	individualized service plan as required under Subsection (a)(5) is
164	164	to return the child to the child's parents or to terminate parental
165	165	rights and place the child for adoption, the department shall
166	166	concurrently provide to the child and the child's family, as
167	167	applicable:
168	168	(1) time-limited family reunification services as
169	169	defined by 42 U.S.C. Section 629a for a period not to exceed the
170	170	period within which the court must render a final order in or
171	171	dismiss the suit affecting the parent-child relationship with
172	172	respect to the child as provided by Subchapter E; and
173	173	(2) adoption promotion and support services as defined
174	174	by 42 U.S.C. Section 629a.
175	175	(f) The department shall consult with relevant
176	176	professionals to determine the skills or knowledge that the parents
177	177	of a child under two years of age should learn or acquire to provide
178	178	a safe placement for the child. The department shall incorporate
179	179	those skills and abilities into the department's individualized
180	180	service plans, as appropriate.
181	181	Sec. 263.103. INDIVIDUALIZED [ORIGINAL] SERVICE
182	182	PLAN: SIGNING AND TAKING EFFECT. (a) The individualized
183	183	[original] service plan shall be developed jointly by the child's
184	184	parents and a representative of the department. The department
185	185	representative shall inform[, including informing] the parents of
186	186	their rights in connection with the service plan process. If a
187	187	parent is not able or willing to participate in the development of
188	188	the service plan, it should be so noted in the plan.
189	189	(a-1) Before the individualized [original] service plan is
190	190	signed, the child's parents and the representative of the
191	191	department shall discuss each term and condition of the plan.
192	192	(b) The child's parents and the person preparing the
193	193	individualized [original] service plan shall sign the plan, and the
194	194	department shall give each parent a copy of the service plan.
195	195	(c) If the department determines that the child's parents
196	196	are unable or unwilling to participate in the development of the
197	197	individualized [original] service plan or sign the plan, the
198	198	department may file the plan without the parents' signatures.
199	199	(d) The individualized [original] service plan takes effect
200	200	when:
201	201	(1) the child's parents and the appropriate
202	202	representative of the department sign the plan; or
203	203	(2) the court issues an order giving effect to the plan
204	204	without the parents' signatures.
205	205	(e) The individualized [original] service plan is in effect
206	206	until amended by the court or as provided under Section 263.104.
207	207	SECTION 5. Section 263.105(c), Family Code, is amended to
208	208	read as follows:
209	209	(c) The court may modify an individualized [original] or
210	210	amended service plan at any time.
211	211	SECTION 6. Section 263.106, Family Code, is amended to read
212	212	as follows:
213	213	Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. After
214	214	reviewing the individualized [original] or any amended service plan
215	215	and making any changes or modifications it deems necessary, the
216	216	court shall incorporate the individualized [original] and any
217	217	amended service plan into the orders of the court and may render
218	218	additional appropriate orders to implement or require compliance
219	219	with the [an original or amended service] plan.
220	220	SECTION 7. (a) The Department of Family and Protective
221	221	Services shall develop the uniform basic service plan as required
222	222	by Section 262.206, Family Code, as added by this Act, not later
223	223	than December 1, 2017.
224	224	(b) The changes in law made by this Act apply only to a
225	225	service plan filed for a full adversary hearing held under Chapter
226	226	262.201, Family Code, or a status hearing held under Chapter 263,
227	227	Family Code, on or after January 1, 2018. A hearing held before
228	228	that date is governed by the law in effect immediately before the
229	229	effective date of this Act, and that law is continued in effect for
230	230	that purpose.
231	231	SECTION 8. This Act takes effect September 1, 2017.