Texas 2019 - 86th Regular

Texas House Bill HB1846 Compare Versions

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

Old	New	Differences
1	1	86R4921 MCK-D
2	2	By: Klick H.B. No. 1846
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to age-appropriate normalcy activities for children in the
8	8	managing conservatorship of the state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 263.5031, Family Code, is amended to
11	11	read as follows:
12	12	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
13	13	(a) At each permanency hearing after the court renders a final
14	14	order, the court shall:
15	15	(1) identify all persons and parties present at the
16	16	hearing;
17	17	(2) review the efforts of the department or other
18	18	agency in notifying persons entitled to notice under Section
19	19	263.0021; and
20	20	(3) review the permanency progress report to
21	21	determine:
22	22	(A) the safety and well-being of the child and
23	23	whether the child's needs, including any medical or special needs,
24	24	are being adequately addressed;
25	25	(B) whether the department placed the child with
26	26	a relative or other designated caregiver and the continuing
27	27	necessity and appropriateness of the placement of the child,
28	28	including with respect to a child who has been placed outside of
29	29	this state, whether the placement continues to be in the best
30	30	interest of the child;
31	31	(C) if the child is placed in institutional care,
32	32	whether efforts have been made to ensure that the child is placed in
33	33	the least restrictive environment consistent with the child's best
34	34	interest and special needs;
35	35	(D) the appropriateness of the primary and
36	36	alternative permanency goals for the child, whether the department
37	37	has made reasonable efforts to finalize the permanency plan,
38	38	including the concurrent permanency goals, in effect for the child,
39	39	and whether:
40	40	(i) the department has exercised due
41	41	diligence in attempting to place the child for adoption if parental
42	42	rights to the child have been terminated and the child is eligible
43	43	for adoption; or
44	44	(ii) another permanent placement,
45	45	including appointing a relative as permanent managing conservator
46	46	or returning the child to a parent, is appropriate for the child;
47	47	(E) for a child whose permanency goal is another
48	48	planned permanent living arrangement:
49	49	(i) the desired permanency outcome for the
50	50	child, by asking the child;
51	51	(ii) whether, as of the date of the hearing,
52	52	another planned permanent living arrangement is the best permanency
53	53	plan for the child and, if so, provide compelling reasons why it
54	54	continues to not be in the best interest of the child to:
55	55	(a) return home;
56	56	(b) be placed for adoption;
57	57	(c) be placed with a legal guardian;
58	58	or
59	59	(d) be placed with a fit and willing
60	60	relative;
61	61	(iii) whether the department has conducted
62	62	an independent living skills assessment under Section
63	63	264.121(a-3);
64	64	(iv) whether the department has addressed
65	65	the goals identified in the child's permanency plan, including the
66	66	child's housing plan, and the results of the independent living
67	67	skills assessment;
68	68	(v) if the youth is 16 years of age or
69	69	older, whether there is evidence that the department has provided
70	70	the youth with the documents and information listed in Section
71	71	264.121(e); and
72	72	(vi) if the youth is 18 years of age or
73	73	older or has had the disabilities of minority removed, whether
74	74	there is evidence that the department has provided the youth with
75	75	the documents and information listed in Section 264.121(e-1);
76	76	(F) if the child is 14 years of age or older,
77	77	whether services that are needed to assist the child in
78	78	transitioning from substitute care to independent living are
79	79	available in the child's community;
80	80	(G) whether the child is receiving appropriate
81	81	medical care and has been provided the opportunity, in a
82	82	developmentally appropriate manner, to express the child's opinion
83	83	on any medical care provided;
84	84	(H) for a child receiving psychotropic
85	85	medication, whether the child:
86	86	(i) has been provided appropriate
87	87	nonpharmacological interventions, therapies, or strategies to meet
88	88	the child's needs; or
89	89	(ii) has been seen by the prescribing
90	90	physician, physician assistant, or advanced practice nurse at least
91	91	once every 90 days;
92	92	(I) whether an education decision-maker for the
93	93	child has been identified, the child's education needs and goals
94	94	have been identified and addressed, and there are major changes in
95	95	the child's school performance or there have been serious
96	96	disciplinary events;
97	97	(J) for a child for whom the department has been
98	98	named managing conservator in a final order that does not include
99	99	termination of parental rights, whether to order the department to
100	100	provide services to a parent for not more than six months after the
101	101	date of the permanency hearing if:
102	102	(i) the child has not been placed with a
103	103	relative or other individual, including a foster parent, who is
104	104	seeking permanent managing conservatorship of the child; and
105	105	(ii) the court determines that further
106	106	efforts at reunification with a parent are:
107	107	(a) in the best interest of the child;
108	108	and
109	109	(b) likely to result in the child's
110	110	safe return to the child's parent; and
111	111	(K) whether the department has identified a
112	112	family or other caring adult who has made a permanent commitment to
113	113	the child.
114	114	(b) In addition to the requirements of Subsection (a), at
115	115	each permanency hearing after the court renders a final order, the
116	116	court shall review the department's efforts to ensure the child has
117	117	regular, ongoing opportunities to engage in age-appropriate
118	118	normalcy activities, including activities not listed in the child's
119	119	service plan.
120	120	SECTION 2. Section 263.503(c), Family Code, is repealed.
121	121	SECTION 3. The changes in law made by this Act to Section
122	122	263.5031, Family Code, apply only to a permanency hearing conducted
123	123	under Chapter 263, Family Code, on or after the effective date of
124	124	this Act. A permanency hearing conducted before the effective date
125	125	of this Act is governed by the law in effect on the date the hearing
126	126	was conducted, and the former law is continued in effect for that
127	127	purpose.
128	128	SECTION 4. This Act takes effect September 1, 2019.