S.B. No. 1758
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 107.002(b-1), Family Code, is amended to
read as follows:
(b-1) In addition to the duties required by Subsection (b),
a guardian ad litem appointed for a child in a proceeding under
Chapter 262 or 263 shall:
(1) review the medical care provided to the child;
[and]
(2) in a developmentally appropriate manner, seek to
elicit the child's opinion on the medical care provided; and
(3) for a child at least 16 years of age, ascertain
whether the child has received the following documents:
(A) a certified copy of the child's birth
certificate;
(B) a social security card or a replacement
social security card;
(C) a driver's license or personal
identification certificate under Chapter 521, Transportation Code;
and
(D) any other personal document the Department of
Family and Protective Services determines appropriate.
SECTION 2. Section 107.003(b), Family Code, is amended to
read as follows:
(b) In addition to the duties required by Subsection (a), an
attorney ad litem appointed for a child in a proceeding under
Chapter 262 or 263 shall:
(1) review the medical care provided to the child;
(2) in a developmentally appropriate manner, seek to
elicit the child's opinion on the medical care provided; and
(3) for a child at least 16 years or age:
(A) [,] advise the child of the child's right to
request the court to authorize the child to consent to the child's
own medical care under Section 266.010; and
(B) ascertain whether the child has received the
following documents:
(i) a certified copy of the child's birth
certificate;
(ii) a social security card or a
replacement social security card;
(iii) a driver's license or personal
identification certificate under Chapter 521, Transportation Code;
and
(iv) any other personal document the
Department of Family and Protective Services determines
appropriate.
SECTION 3. 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 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;
(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, 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, and the results of the independent living
skills assessment;
(v) if the youth is 16 years of age or
older, whether there is evidence that the department has provided
the youth with the documents and information listed in Section
264.121(e); and
(vi) if the youth is 18 years of age or
older or has had the disabilities of minority removed, whether
there is evidence that the department has provided the youth with
the documents and 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 4. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4041 to read as follows:
Sec. 263.4041. VERIFICATION OF TRANSITION PLAN.
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,
and the results of the independent living skills assessment;
(3) if the youth is 16 years of age or older, there is
evidence that the department has provided the youth with the
documents and information listed in Section 264.121(e); and
(4) if the youth is 18 years of age or older or has had
the disabilities of minority removed, there is evidence that the
department has provided the youth with the documents and
information listed in Section 264.121(e-1).
SECTION 5. 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, and the results of the independent living
skills assessment;
(v) if the youth is 16 years of age or
older, whether there is evidence that the department has provided
the youth with the documents and information listed in Section
264.121(e); and
(vi) if the youth is 18 years of age or
older or has had the disabilities of minority removed, whether
there is evidence that the department has provided the youth with
the documents and information listed in Section 264.121(e-1);
(F) if the child is 14 years of age or older,
whether services that are needed to assist the child in
transitioning from substitute care to independent living are
available in the child's community;
(G) whether the child is receiving appropriate
medical care and has been provided the opportunity, in a
developmentally appropriate manner, to express the child's opinion
on any medical care provided;
(H) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(I) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there are major changes in
the child's school performance or there have been serious
disciplinary events;
(J) for a child for whom the department has been
named managing conservator in a final order that does not include
termination of parental rights, whether to order the department to
provide services to a parent for not more than six months after the
date of the permanency hearing if:
(i) the child has not been placed with a
relative or other individual, including a foster parent, who is
seeking permanent managing conservatorship of the child; and
(ii) the court determines that further
efforts at reunification with a parent are:
(a) in the best interest of the child;
and
(b) likely to result in the child's
safe return to the child's parent; and
(K) whether the department has identified a
family or other caring adult who has made a permanent commitment to
the child.
SECTION 6. Section 264.121, Family Code, is amended by
adding Subsections (a-3), (a-4), (a-5), and (a-6) to read as
follows:
(a-3) The department shall conduct an independent living
skills assessment for all youth in the department's conservatorship
who are 16 years of age or older.
(a-4) The department shall conduct an independent living
skills assessment for all youth in the department's permanent
managing conservatorship who are at least 14 years of age but
younger than 16 years of age.
(a-5) The department shall annually update the assessment
for each youth assessed under Subsections (a-3) and (a-4) 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. The
department shall conduct the annual update through the youth's plan
of service in coordination with the youth, the youth's caseworker,
the staff of the Preparation for Adult Living Program, and the
youth's caregiver.
(a-6) The department, in coordination with stakeholders,
shall 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 7. 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 8. The Department of Family and Protective Services
is required to implement Section 264.121(a-4), Family Code, as
added by this Act, only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the agency may,
but is not required to, implement Section 264.121(a-4), Family
Code, as added by this Act, using other appropriations available
for the purpose.
SECTION 9. The Department of Family and Protective Services
shall conduct the independent living skills assessments for youth
in the department's permanent managing conservatorship required by
Section 264.121(a-4), Family Code, as added by this Act, according
to the following schedule, if funds are available for that purpose:
(1) beginning September 1, 2017, the department shall
assess youth who are at least 15 years of age but younger than 16
years of age; and
(2) beginning September 1, 2018, the department shall
assess youth who are at least 14 years of age but younger than 15
years of age.
SECTION 10. 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 11. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1758 passed the Senate on
May 1, 2017, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 22, 2017, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1758 passed the House, with
amendments, on May 18, 2017, by the following vote: Yeas 138,
Nays 8, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor