By: Zaffirini S.B. No. 1758
A BILL TO BE ENTITLED
AN ACT
relating to requirements for the court in permanency hearings for
children in the conservatorship of the Department of Family and
Protective Services who are receiving transitional living
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.306(a-1), Family Code, is amended to
read as follows:
(a-1) At each permanency hearing before a final order is
rendered, the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in:
(A) locating and requesting service of citation
on all persons entitled to service of citation under Section
102.009; and
(B) obtaining the assistance of a parent in
providing information necessary to locate an absent parent, alleged
father, or relative of the child;
(3) ask all parties present whether the child or the
child's family has a Native American heritage and identify any
Native American tribe with which the child may be associated;
(4) review the extent of the parties' compliance with
temporary orders and the service plan and the extent to which
progress has been made toward alleviating or mitigating the causes
necessitating the placement of the child in foster care;
(5) [(4)] review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) the continuing necessity and appropriateness
of the placement of the child, including with respect to a child who
has been placed outside of this state, whether the placement
continues to be in the best interest of the child;
(C) the appropriateness of the primary and
alternative permanency goals for the child developed in accordance
with department rule and whether the department has made reasonable
efforts to finalize the permanency plan, including the concurrent
permanency goals, in effect for the child;
(D) whether the child has been provided the
opportunity, in a developmentally appropriate manner, to express
the child's opinion on any medical care provided;
(E) for a child receiving pyschotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(F) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there have been major
changes in the child's school performance or there have been
serious disciplinary events;
(G) for a child 14 years of age or older:
(i)[,] whether services that are needed to
assist the child in transitioning from substitute care to
independent living are available in the child's community; and
(H) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child; and
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(iii) whether the department has conducted
an independent living skills assessment under Section
264.121(a-3);
(iv) whether the department has addressed
the goals identified in the child's permanency plan, including the
child's housing plan, if applicable, and the results of the
independent living skills assessment; and
(v) whether if the child is 16 years of age
or older, there is evidence that the department has provided the
information and documentation listed in Section 264.121(e); and
(vi) if the child is at least 18 years of
age or has had the disabilities of minority removed, that the
department has provided the information listed in Section 264.121
(e-1).
(6) [(5)] determine whether to return the child to the
child's parents if the child's parents are willing and able to
provide the child with a safe environment and the return of the
child is in the child's best interest;
(7) [(6)] estimate a likely date by which the child
may be returned to and safely maintained in the child's home, placed
for adoption, or placed in permanent managing conservatorship; and
(8) [(7)] announce in open court the dismissal date
and the date of any upcoming hearings.
SECTION 2. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4041 to read as follows:
Sec. 263.4041. VERIFICATION OF TRANSITION PLAN BEFORE FINAL
ORDER. Notwithstanding Section 263.401, for a suit involving a
child who is 14 years of age or older and whose permanency goal is
another planned permanent living arrangement, the court shall
verify that:
(1) the department has conducted an independent living
skills assessment for the child as provided under Section
264.121(a-3);
(2) the department has addressed the goals identified
in the child's permanency plan, including the child's housing plan,
if applicable, and the results of the independent living skills
assessment;
(3) if the child is 16 years of age or older, there is
evidence that the department has provided the child with the
information and documentation in Section 264.121(e); and
(4) if the child is at least 18 years of age or has had
the disabilities of minority removed, that the department has
provided the information listed in Section 264.121(e-1).
SECTION 3. Section 263.5031, Family Code, is amended to
read as follows:
Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
At each permanency hearing after the court renders a final order,
the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in notifying persons entitled to notice under Section
263.0021; and
(3) review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) the continuing necessity and appropriateness
of the placement of the child, including with respect to a child who
has been placed outside of this state, whether the placement
continues to be in the best interest of the child;
(C) if the child is placed in institutional care,
whether efforts have been made to ensure that the child is placed in
the least restrictive environment consistent with the child's best
interest and special needs;
(D) the appropriateness of the primary and
alternative permanency goals for the child, whether the department
has made reasonable efforts to finalize the permanency plan,
including the concurrent permanency goals, in effect for the child,
and whether:
(i) the department has exercised due
diligence in attempting to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption; or
(ii) another permanent placement,
including appointing a relative as permanent managing conservator
or returning the child to a parent, is appropriate for the child;
(E) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child; and
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(iii) whether, the department has conducted
an independent living skills assessment under Section
264.121(a-3);
(iv) whether, the department has addressed
the goals identified in the child's permanency plan, including the
child's housing plan, if applicable, and the results of the
independent living skills assessment;
(v) whether if the child is 16 years of age
or older, there is evidence that the department has provided the
child with the information and documentation listed in Section
264.121(e); and
(vi) whether, if the child is at least 18
years of age or has had the disabilities of minority removed, that
the department has provided the information listed in Section
264.121(e-1).
(F) if the child is 14 years of age or older:
(i)[,] whether services that are needed to
assist the child in transitioning from substitute care to
independent living are available in the child's community
(G) whether the child is receiving appropriate
medical care and has been provided the opportunity, in a
developmentally appropriate manner, to express the child's opinion
on any medical care provided;
(H) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(I) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there are major changes in
the child's school performance or there have been serious
disciplinary events;
(J) for a child for whom the department has been
named managing conservator in a final order that does not include
termination of parental rights, whether to order the department to
provide services to a parent for not more than six months after the
date of the permanency hearing if:
(i) the child has not been placed with a
relative or other individual, including a foster parent, who is
seeking permanent managing conservatorship of the child; and
(ii) the court determines that further
efforts at reunification with a parent are:
(a) in the best interest of the child;
and
(b) likely to result in the child's
safe return to the child's parent; and
(K) whether the department has identified a
family or other caring adult who has made a permanent commitment to
the child.
SECTION 4. Section 264.121, Family Code, is amended by
adding Subsections (a-3) and (a-4) to read as follows:
(a-3) The department shall conduct an independent living
skills assessment for all youth 14 years of age or older in the
department's conservatorship. The department shall annually
update the assessment for each youth in the department's
conservatorship, to determine the independent living skills the
youth learned during the preceding year to ensure that the
department's obligation to prepare the youth for independent living
has been met.
(1) The annual update of the independent living skills
assessment shall be conducted through the child's plan of service
in coordination with the child, the caseworker, the Preparation for
Adult Living staff and the child's caregiver.
(a-4) The department shall work with outside stakeholders
to develop a plan to standardize the curriculum for the Preparation
for Adult Living Program that ensures that youth 14 years of age or
older enrolled in the program receive relevant and age-appropriate
information and training. The department shall report the plan to
the legislature not later than December 1, 2018.
SECTION 5. The changes in law made by this Act to Chapter
263, Family Code, apply to a suit affecting the parent-child
relationship filed before, on, or after the effective date of this
Act.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2017.