Texas 2017 - 85th Regular

Texas House Bill HB707 Compare Versions

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

Old	New	Differences
1	1	85R2697 YDB-D
2	2	By: Wu H.B. No. 707
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) unless the court has waived the requirement of a
38	38	service plan on the court's finding of aggravated circumstances
39	39	under Section 262.2015, after reviewing the basic service plan
40	40	required under Section 262.206 and making any change or
41	41	modification the court considers necessary, incorporate the plan
42	42	into the order of the court and render any additional appropriate
43	43	order to implement or require compliance with the plan.
44	44	(c-1) If the court finds that the child requires protection
45	45	from family violence by a member of the child's family or household,
46	46	the court shall render a protective order under Title 4 for the
47	47	child. In this subsection, "family violence" has the meaning
48	48	assigned by Section 71.004.
49	49	SECTION 2. Subchapter C, Chapter 262, Family Code, is
50	50	amended by adding Section 262.206 to read as follows:
51	51	Sec. 262.206. BASIC SERVICE PLAN. (a) The Department of
52	52	Family and Protective Services shall develop a uniform basic family
53	53	service plan to be filed with the court at each full adversary
54	54	hearing held under Section 262.201.
55	55	(b) The basic service plan must:
56	56	(1) be in writing;
57	57	(2) specify the primary permanency goal for the child;
58	58	(3) state the steps necessary to:
59	59	(A) return the child to the child's home if the
60	60	child is placed in foster care;
61	61	(B) enable the child to remain in the child's
62	62	home with the assistance of a service plan if the child's placement
63	63	is in the child's home under the department's supervision; or
64	64	(C) otherwise provide a safe placement for the
65	65	child;
66	66	(4) state the basic actions the child's parents must
67	67	take to achieve the plan goal during the period of the service plan
68	68	and the assistance to be provided to the parents by the department
69	69	or other agency toward meeting that goal;
70	70	(5) state any basic skill or knowledge that the child's
71	71	parents must acquire or learn and any basic behavioral change the
72	72	parents must exhibit to achieve the plan goal;
73	73	(6) state the initial actions the child's parents must
74	74	take to ensure that the child attends school and maintains or
75	75	improves the child's academic compliance;
76	76	(7) prescribe any other basic condition that the
77	77	department determines necessary for the success of the service
78	78	plan; and
79	79	(8) be printed in English, Spanish, and any other
80	80	language the department considers appropriate.
81	81	(c) The basic service plan must include the following
82	82	statement:
83	83	TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE
84	84	OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
85	85	ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. AT
86	86	THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN, MODIFY THE
87	87	PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH THE PLAN. IF YOU ARE
88	88	UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT,
89	89	YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR
90	90	TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. AT THE INITIAL
91	91	COURT HEARING, A JUDGE WILL REVIEW THIS BASIC SERVICE PLAN.
92	92	(d) The basic service plan may not include an allegation of
93	93	abuse or neglect of the child or a restatement of the facts of the
94	94	case. An allegation of abuse or neglect or a restatement of the
95	95	facts of the case in a basic service plan is inadmissible in court
96	96	as evidence.
97	97	(e) Not later than the fifth business day after the date the
98	98	full adversary hearing is held under Section 262.201, the
99	99	department shall:
100	100	(1) make all referrals necessary for the parents to
101	101	comply with the parents' responsibilities under the basic service
102	102	plan; and
103	103	(2) provide to the parents an accurate list of
104	104	approved providers who provide those services in the department
105	105	region in which the parent resides.
106	106	SECTION 3. The heading to Subchapter B, Chapter 263, Family
107	107	Code, is amended to read as follows:
108	108	SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN
109	109	SECTION 4. Sections 263.101, 263.102, and 263.103, Family
110	110	Code, are amended to read as follows:
111	111	Sec. 263.101. DEPARTMENT TO FILE INDIVIDUALIZED SERVICE
112	112	PLAN. Except as provided by Section 262.2015, [not later than the
113	113	45th day] after the date the court renders a temporary order
114	114	appointing the department as temporary managing conservator of a
115	115	child under Chapter 262 and before the date of the status hearing
116	116	required under Subchapter C, the department shall file with the
117	117	court an individualized [a] service plan.
118	118	Sec. 263.102. INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a)
119	119	The individualized service plan must:
120	120	(1) be specific;
121	121	(2) be in writing in a language that the parents
122	122	understand, or made otherwise available;
123	123	(3) be prepared by the department in conference with
124	124	the child's parents;
125	125	(4) state appropriate deadlines;
126	126	(5) specify the primary permanency goal and at least
127	127	one alternative permanency goal;
128	128	(6) state steps that are necessary to:
129	129	(A) return the child to the child's home if the
130	130	placement is in foster care;
131	131	(B) enable the child to remain in the child's
132	132	home with the assistance of a service plan if the placement is in
133	133	the home under the department's supervision; or
134	134	(C) otherwise provide a permanent safe placement
135	135	for the child;
136	136	(7) state the actions and responsibilities that are
137	137	necessary for the child's parents to take to achieve the plan goal
138	138	during the period of the service plan and the assistance to be
139	139	provided to the parents by the department or other agency toward
140	140	meeting that goal;
141	141	(8) state any specific skills or knowledge that the
142	142	child's parents must acquire or learn, as well as any behavioral
143	143	changes the parents must exhibit, to achieve the plan goal;
144	144	(9) state the actions and responsibilities that are
145	145	necessary for the child's parents to take to ensure that the child
146	146	attends school and maintains or improves the child's academic
147	147	compliance;
148	148	(10) state the name of the person with the department
149	149	whom the child's parents may contact for information relating to
150	150	the child if other than the person preparing the plan; and
151	151	(11) prescribe any other term or condition that the
152	152	department determines to be necessary to the service plan's
153	153	success.
154	154	(b) The individualized service plan must [shall] include
155	155	the following statement:
156	156	TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ITS]
157	157	PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
158	158	ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF
159	159	YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE
160	160	ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
161	161	RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
162	162	AT [THERE WILL BE] A COURT HEARING, [AT WHICH] A JUDGE WILL REVIEW
163	163	THIS INDIVIDUALIZED SERVICE PLAN, MODIFY THE PLAN IF NECESSARY,
164	164	INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE COMPLIANCE
165	165	WITH THE PLAN.
166	166	(c) The individualized service plan may not include an
167	167	allegation of abuse or neglect of the child or a restatement of the
168	168	facts of the case. An allegation of abuse or neglect or a
169	169	restatement of the facts of the case in an individualized service
170	170	plan is inadmissible in the court as evidence.
171	171	(c-1) The department shall provide with the individualized
172	172	service plan a list of approved providers in the department service
173	173	area in which the parent resides of the services necessary for the
174	174	parents to comply with the plan. The department shall maintain the
175	175	accuracy of the provider list.
176	176	(d) The department or other authorized entity must write the
177	177	individualized service plan in a manner that is clear and
178	178	understandable to the parent in order to facilitate the parent's
179	179	ability to follow the requirements of the service plan.
180	180	(e) Regardless of whether the goal stated in a child's
181	181	individualized service plan as required under Subsection (a)(5) is
182	182	to return the child to the child's parents or to terminate parental
183	183	rights and place the child for adoption, the department shall
184	184	concurrently provide to the child and the child's family, as
185	185	applicable:
186	186	(1) time-limited family reunification services as
187	187	defined by 42 U.S.C. Section 629a for a period not to exceed the
188	188	period within which the court must render a final order in or
189	189	dismiss the suit affecting the parent-child relationship with
190	190	respect to the child as provided by Subchapter E; and
191	191	(2) adoption promotion and support services as defined
192	192	by 42 U.S.C. Section 629a.
193	193	(f) The department shall consult with relevant
194	194	professionals to determine the skills or knowledge that the parents
195	195	of a child under two years of age should learn or acquire to provide
196	196	a safe placement for the child. The department shall incorporate
197	197	those skills and abilities into the department's individualized
198	198	service plans, as appropriate.
199	199	Sec. 263.103. INDIVIDUALIZED [ORIGINAL] SERVICE PLAN:
200	200	SIGNING AND TAKING EFFECT. (a) The individualized [original]
201	201	service plan shall be developed jointly by the child's parents and a
202	202	representative of the department. The department representative
203	203	shall inform[, including informing] the parents of their rights in
204	204	connection with the service plan process. If a parent is not able
205	205	or willing to participate in the development of the service plan, it
206	206	should be so noted in the plan.
207	207	(a-1) Before the individualized [original] service plan is
208	208	signed, the child's parents and the representative of the
209	209	department shall discuss each term and condition of the plan.
210	210	(b) The child's parents and the person preparing the
211	211	individualized [original] service plan shall sign the plan, and the
212	212	department shall give each parent a copy of the service plan.
213	213	(c) If the department determines that the child's parents
214	214	are unable or unwilling to participate in the development of the
215	215	individualized [original] service plan or sign the plan, the
216	216	department may file the plan without the parents' signatures.
217	217	(d) The individualized [original] service plan takes effect
218	218	when:
219	219	(1) the child's parents and the appropriate
220	220	representative of the department sign the plan; or
221	221	(2) the court issues an order giving effect to the plan
222	222	without the parents' signatures.
223	223	(e) The individualized [original] service plan is in effect
224	224	until amended by the court or as provided under Section 263.104.
225	225	SECTION 5. Section 263.105(c), Family Code, is amended to
226	226	read as follows:
227	227	(c) The court may modify an individualized [original] or
228	228	amended service plan at any time.
229	229	SECTION 6. Section 263.106, Family Code, is amended to read
230	230	as follows:
231	231	Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. After
232	232	reviewing the individualized [original] or any amended service plan
233	233	and making any changes or modifications it deems necessary, the
234	234	court shall incorporate the individualized [original] and any
235	235	amended service plan into the orders of the court and may render
236	236	additional appropriate orders to implement or require compliance
237	237	with the [an original or amended service] plan.
238	238	SECTION 7. (a) The Department of Family and Protective
239	239	Services shall develop the uniform basic service plan as required
240	240	by Section 262.206, Family Code, as added by this Act, not later
241	241	than December 1, 2017.
242	242	(b) The changes in law made by this Act apply only to a
243	243	service plan filed for a full adversary hearing held under Section
244	244	262.201, Family Code, or a status hearing held under Chapter 263,
245	245	Family Code, on or after January 1, 2018. A hearing held before
246	246	that date is governed by the law in effect immediately before the
247	247	effective date of this Act, and that law is continued in effect for
248	248	that purpose.
249	249	SECTION 8. This Act takes effect September 1, 2017.