Texas 2017 - 85th Regular

Texas Senate Bill SB1758 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1758
	1	+	By: Zaffirini, et al. S.B. No. 1758
	2	+	(Turner)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to requirements for the court in permanency hearings for
6	8		children in the conservatorship of the Department of Family and
7	9		Protective Services who are receiving transitional living
8	10		services.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 107.002(b-1), Family Code, is amended to
11		-	read as follows:
12		-	(b-1) In addition to the duties required by Subsection (b),
13		-	a guardian ad litem appointed for a child in a proceeding under
14		-	Chapter 262 or 263 shall:
15		-	(1) review the medical care provided to the child;
16		-	[and]
17		-	(2) in a developmentally appropriate manner, seek to
18		-	elicit the child's opinion on the medical care provided; and
19		-	(3) for a child at least 16 years of age, ascertain
20		-	whether the child has received the following documents:
21		-	(A) a certified copy of the child's birth
22		-	certificate;
23		-	(B) a social security card or a replacement
24		-	social security card;
25		-	(C) a driver's license or personal
26		-	identification certificate under Chapter 521, Transportation Code;
27		-	and
28		-	(D) any other personal document the Department of
29		-	Family and Protective Services determines appropriate.
30		-	SECTION 2. Section 107.003(b), Family Code, is amended to
31		-	read as follows:
32		-	(b) In addition to the duties required by Subsection (a), an
33		-	attorney ad litem appointed for a child in a proceeding under
34		-	Chapter 262 or 263 shall:
35		-	(1) review the medical care provided to the child;
36		-	(2) in a developmentally appropriate manner, seek to
37		-	elicit the child's opinion on the medical care provided; and
38		-	(3) for a child at least 16 years or age:
39		-	(A) [,] advise the child of the child's right to
40		-	request the court to authorize the child to consent to the child's
41		-	own medical care under Section 266.010; and
42		-	(B) ascertain whether the child has received the
43		-	following documents:
44		-	(i) a certified copy of the child's birth
45		-	certificate;
46		-	(ii) a social security card or a
47		-	replacement social security card;
48		-	(iii) a driver's license or personal
49		-	identification certificate under Chapter 521, Transportation Code;
50		-	and
51		-	(iv) any other personal document the
52		-	Department of Family and Protective Services determines
53		-	appropriate.
54		-	SECTION 3. Section 263.306(a-1), Family Code, is amended to
	12	+	SECTION 1. Section 263.306(a-1), Family Code, is amended to
55	13		read as follows:
56	14		(a-1) At each permanency hearing before a final order is
57	15		rendered, the court shall:
58	16		(1) identify all persons and parties present at the
59	17		hearing;
60	18		(2) review the efforts of the department or other
61	19		agency in:
62	20		(A) locating and requesting service of citation
63	21		on all persons entitled to service of citation under Section
64	22		102.009; and
65	23		(B) obtaining the assistance of a parent in
66	24		providing information necessary to locate an absent parent, alleged
67	25		father, or relative of the child;
68	26		(3) ask all parties present whether the child or the
69	27		child's family has a Native American heritage and identify any
70	28		Native American tribe with which the child may be associated;
71	29		(4) review the extent of the parties' compliance with
72	30		temporary orders and the service plan and the extent to which
73	31		progress has been made toward alleviating or mitigating the causes
74	32		necessitating the placement of the child in foster care;
75	33		(5) [(4)] review the permanency progress report to
76	34		determine:
77	35		(A) the safety and well-being of the child and
78	36		whether the child's needs, including any medical or special needs,
79	37		are being adequately addressed;
80	38		(B) the continuing necessity and appropriateness
81	39		of the placement of the child, including with respect to a child who
82	40		has been placed outside of this state, whether the placement
83	41		continues to be in the best interest of the child;
84	42		(C) the appropriateness of the primary and
85	43		alternative permanency goals for the child developed in accordance
86	44		with department rule and whether the department has made reasonable
87	45		efforts to finalize the permanency plan, including the concurrent
88	46		permanency goals, in effect for the child;
89	47		(D) whether the child has been provided the
90	48		opportunity, in a developmentally appropriate manner, to express
91	49		the child's opinion on any medical care provided;
92	50		(E) for a child receiving psychotropic
93	51		medication, whether the child:
94	52		(i) has been provided appropriate
95	53		nonpharmacological interventions, therapies, or strategies to meet
96	54		the child's needs; or
97	55		(ii) has been seen by the prescribing
98	56		physician, physician assistant, or advanced practice nurse at least
99	57		once every 90 days;
100	58		(F) whether an education decision-maker for the
101	59		child has been identified, the child's education needs and goals
102	60		have been identified and addressed, and there have been major
103	61		changes in the child's school performance or there have been
104	62		serious disciplinary events;
105	63		(G) for a child 14 years of age or older, whether
106	64		services that are needed to assist the child in transitioning from
107	65		substitute care to independent living are available in the child's
108	66		community; and
109	67		(H) for a child whose permanency goal is another
110	68		planned permanent living arrangement:
111	69		(i) the desired permanency outcome for the
112	70		child, by asking the child; [and]
113	71		(ii) whether, as of the date of the hearing,
114	72		another planned permanent living arrangement is the best permanency
115	73		plan for the child and, if so, provide compelling reasons why it
116	74		continues to not be in the best interest of the child to:
117	75		(a) return home;
118	76		(b) be placed for adoption;
119	77		(c) be placed with a legal guardian;
120	78		or
121	79		(d) be placed with a fit and willing
122	80		relative;
123	81		(iii) whether the department has conducted
124	82		an independent living skills assessment under Section
125	83		264.121(a-3);
126	84		(iv) whether the department has addressed
127	85		the goals identified in the child's permanency plan, including the
128	86		child's housing plan, and the results of the independent living
129	87		skills assessment;
130	88		(v) if the youth is 16 years of age or
131	89		older, whether there is evidence that the department has provided
132	90		the youth with the documents and information listed in Section
133	91		264.121(e); and
134	92		(vi) if the youth is 18 years of age or
135	93		older or has had the disabilities of minority removed, whether
136	94		there is evidence that the department has provided the youth with
137	95		the documents and information listed in Section 264.121(e-1);
138	96		(6) [(5)] determine whether to return the child to the
139	97		child's parents if the child's parents are willing and able to
140	98		provide the child with a safe environment and the return of the
141	99		child is in the child's best interest;
142		-	(7) [(6)] estimate a likely date by which the child
143		-	~~may~~ be returned to and safely maintained in the child's home, placed
144		-	~~for~~ adoption, or placed in permanent managing conservatorship; and
	100	+	(7) [(6)] estimate a likely date by which the child may
	101	+	be returned to and safely maintained in the child's home, placed for
	102	+	adoption, or placed in permanent managing conservatorship; and
145	103		(8) [(7)] announce in open court the dismissal date
146	104		and the date of any upcoming hearings.
147		-	SECTION 4. Subchapter E, Chapter 263, Family Code, is
	105	+	SECTION 2. Subchapter E, Chapter 263, Family Code, is
148	106		amended by adding Section 263.4041 to read as follows:
149	107		Sec. 263.4041. VERIFICATION OF TRANSITION PLAN.
150	108		Notwithstanding Section 263.401, for a suit involving a child who
151	109		is 14 years of age or older and whose permanency goal is another
152	110		planned permanent living arrangement, the court shall verify that:
153	111		(1) the department has conducted an independent living
154	112		skills assessment for the child as provided under Section
155	113		264.121(a-3);
156	114		(2) the department has addressed the goals identified
157	115		in the child's permanency plan, including the child's housing plan,
158	116		and the results of the independent living skills assessment;
159	117		(3) if the youth is 16 years of age or older, there is
160	118		evidence that the department has provided the youth with the
161	119		documents and information listed in Section 264.121(e); and
162	120		(4) if the youth is 18 years of age or older or has had
163	121		the disabilities of minority removed, there is evidence that the
164	122		department has provided the youth with the documents and
165	123		information listed in Section 264.121(e-1).
166		-	SECTION 5. Section 263.5031, Family Code, is amended to
	124	+	SECTION 3. Section 263.5031, Family Code, is amended to
167	125		read as follows:
168	126		Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
169	127		At each permanency hearing after the court renders a final order,
170	128		the court shall:
171	129		(1) identify all persons and parties present at the
172	130		hearing;
173	131		(2) review the efforts of the department or other
174	132		agency in notifying persons entitled to notice under Section
175	133		263.0021; and
176	134		(3) review the permanency progress report to
177	135		determine:
178	136		(A) the safety and well-being of the child and
179	137		whether the child's needs, including any medical or special needs,
180	138		are being adequately addressed;
181	139		(B) the continuing necessity and appropriateness
182	140		of the placement of the child, including with respect to a child who
183	141		has been placed outside of this state, whether the placement
184	142		continues to be in the best interest of the child;
185	143		(C) if the child is placed in institutional care,
186	144		whether efforts have been made to ensure that the child is placed in
187	145		the least restrictive environment consistent with the child's best
188	146		interest and special needs;
189	147		(D) the appropriateness of the primary and
190	148		alternative permanency goals for the child, whether the department
191	149		has made reasonable efforts to finalize the permanency plan,
192	150		including the concurrent permanency goals, in effect for the child,
193	151		and whether:
194	152		(i) the department has exercised due
195	153		diligence in attempting to place the child for adoption if parental
196	154		rights to the child have been terminated and the child is eligible
197	155		for adoption; or
198	156		(ii) another permanent placement,
199	157		including appointing a relative as permanent managing conservator
200	158		or returning the child to a parent, is appropriate for the child;
201	159		(E) for a child whose permanency goal is another
202	160		planned permanent living arrangement:
203	161		(i) the desired permanency outcome for the
204	162		child, by asking the child; [and]
205	163		(ii) whether, as of the date of the hearing,
206	164		another planned permanent living arrangement is the best permanency
207	165		plan for the child and, if so, provide compelling reasons why it
208	166		continues to not be in the best interest of the child to:
209	167		(a) return home;
210	168		(b) be placed for adoption;
211	169		(c) be placed with a legal guardian;
212	170		or
213	171		(d) be placed with a fit and willing
214	172		relative;
215	173		(iii) whether the department has conducted
216	174		an independent living skills assessment under Section
217	175		264.121(a-3);
218	176		(iv) whether the department has addressed
219	177		the goals identified in the child's permanency plan, including the
220	178		child's housing plan, and the results of the independent living
221	179		skills assessment;
222	180		(v) if the youth is 16 years of age or
223	181		older, whether there is evidence that the department has provided
224	182		the youth with the documents and information listed in Section
225	183		264.121(e); and
226	184		(vi) if the youth is 18 years of age or
227	185		older or has had the disabilities of minority removed, whether
228	186		there is evidence that the department has provided the youth with
229	187		the documents and information listed in Section 264.121(e-1);
230	188		(F) if the child is 14 years of age or older,
231	189		whether services that are needed to assist the child in
232	190		transitioning from substitute care to independent living are
233	191		available in the child's community;
234	192		(G) whether the child is receiving appropriate
235	193		medical care and has been provided the opportunity, in a
236	194		developmentally appropriate manner, to express the child's opinion
237	195		on any medical care provided;
238	196		(H) for a child receiving psychotropic
239	197		medication, whether the child:
240	198		(i) has been provided appropriate
241	199		nonpharmacological interventions, therapies, or strategies to meet
242	200		the child's needs; or
243	201		(ii) has been seen by the prescribing
244	202		physician, physician assistant, or advanced practice nurse at least
245	203		once every 90 days;
246	204		(I) whether an education decision-maker for the
247	205		child has been identified, the child's education needs and goals
248	206		have been identified and addressed, and there are major changes in
249	207		the child's school performance or there have been serious
250	208		disciplinary events;
251	209		(J) for a child for whom the department has been
252	210		named managing conservator in a final order that does not include
253	211		termination of parental rights, whether to order the department to
254	212		provide services to a parent for not more than six months after the
255	213		date of the permanency hearing if:
256	214		(i) the child has not been placed with a
257	215		relative or other individual, including a foster parent, who is
258	216		seeking permanent managing conservatorship of the child; and
259	217		(ii) the court determines that further
260	218		efforts at reunification with a parent are:
261	219		(a) in the best interest of the child;
262	220		and
263	221		(b) likely to result in the child's
264	222		safe return to the child's parent; and
265	223		(K) whether the department has identified a
266	224		family or other caring adult who has made a permanent commitment to
267	225		the child.
268		-	SECTION 6. Section 264.121, Family Code, is amended by
269		-	adding Subsections (a-3), (a-4), (a-5), and (a-6) to read as
270		-	follows:
	226	+	SECTION 4. Section 264.121, Family Code, is amended by
	227	+	adding Subsections (a-3) and (a-4) to read as follows:
271	228		(a-3) The department shall conduct an independent living
272		-	skills assessment for all youth in the department's conservatorship
273		-	who are 16 years of age or older.
274		-	(a-4) The department shall conduct an independent living
275	229		skills assessment for all youth in the department's permanent
276	230		managing conservatorship who are at least 14 years of age but
277		-	younger than 16 years of age.
278		-	~~(a-5)~~ The department ~~shall annually update the assessment~~
279		-	for each youth assessed under ~~Subsections (a-3) and (a-4) to~~
280		-	determine the independent living skills the youth ~~learned during~~
281		-	the preceding year to ensure that the department's ~~obligation to~~
282		-	prepare the youth for independent living has been ~~met. The~~
283		-	department shall conduct the annual update through the ~~youth's plan~~
284		-	of service in coordination with the youth, the youth's ~~caseworker,~~
285		-	the staff of the Preparation for Adult Living Program, ~~and the~~
286		-	youth's caregiver.
287		-	(a-6) The department, in coordination with stakeholders,
	231	+	younger than 16 years of age and all youth in the department's
	232	+	conservatorship who are 16 years of age or older. The department
	233	+	shall annually update the assessment for each youth assessed under
	234	+	this section to determine the independent living skills the youth
	235	+	learned during the preceding year to ensure that the department's
	236	+	obligation to prepare the youth for independent living has been
	237	+	met. The department shall conduct the annual update through the
	238	+	youth's plan of service in coordination with the youth, the youth's
	239	+	caseworker, the staff of the Preparation for Adult Living Program,
	240	+	and the youth's caregiver.
	241	+	(a-4) The department, in coordination with stakeholders,
288	242		shall develop a plan to standardize the curriculum for the
289	243		Preparation for Adult Living Program that ensures that youth 14
290	244		years of age or older enrolled in the program receive relevant and
291	245		age-appropriate information and training. The department shall
292	246		report the plan to the legislature not later than December 1, 2018.
293		-	SECTION 7. The changes in law made by this Act to Chapter
	247	+	SECTION 5. The changes in law made by this Act to Chapter
294	248		263, Family Code, apply to a suit affecting the parent-child
295	249		relationship filed before, on, or after the effective date of this
296	250		Act.
297		-	SECTION 8. The Department of Family and Protective Services
298		-	is required to implement Section 264.121(a-4), Family Code, as
299		-	added by this Act, only if the legislature appropriates money
300		-	specifically for that purpose. If the legislature does not
301		-	appropriate money specifically for that purpose, the agency may,
302		-	but is not required to, implement Section 264.121(a-4), Family
303		-	Code, as added by this Act, using other appropriations available
304		-	for the purpose.
305		-	SECTION 9. The Department of Family and Protective Services
306		-	shall conduct the independent living skills assessments for youth
307		-	in the department's permanent managing conservatorship required by
308		-	Section 264.121(a-4), Family Code, as added by this Act, according
309		-	to the following schedule, if funds are available for that purpose:
310		-	(1) beginning September 1, 2017, the department shall
311		-	assess youth who are at least 15 years of age but younger than 16
312		-	years of age; and
313		-	(2) beginning September 1, 2018, the department shall
314		-	assess youth who are at least 14 years of age but younger than 15
315		-	years of age.
316		-	SECTION 10. To the extent of any conflict, this Act prevails
	251	+	SECTION 6. The Department of Family and Protective Services
	252	+	is required to implement this Act only if the legislature
	253	+	appropriates money specifically for that purpose. If the
	254	+	legislature does not appropriate money specifically for that
	255	+	purpose, the agency may, but is not required to, implement this Act
	256	+	using other appropriations available for the purpose.
	257	+	SECTION 7. To the extent of any conflict, this Act prevails
317	258		over another Act of the 85th Legislature, Regular Session, 2017,
318	259		relating to nonsubstantive additions to and corrections in enacted
319	260		codes.
320		-	SECTION 11. This Act takes effect September 1, 2017.
321		-	______________________________ ______________________________
322		-	President of the Senate Speaker of the House
323		-	I hereby certify that S.B. No. 1758 passed the Senate on
324		-	May 1, 2017, by the following vote: Yeas 31, Nays 0; and that the
325		-	Senate concurred in House amendments on May 22, 2017, by the
326		-	following vote: Yeas 31, Nays 0.
327		-	______________________________
328		-	Secretary of the Senate
329		-	I hereby certify that S.B. No. 1758 passed the House, with
330		-	amendments, on May 18, 2017, by the following vote: Yeas 138,
331		-	Nays 8, two present not voting.
332		-	______________________________
333		-	Chief Clerk of the House
334		-	Approved:
335		-	______________________________
336		-	Date
337		-	______________________________
338		-	Governor
	261	+	SECTION 8. This Act takes effect September 1, 2017.