Texas 2019 - 86th Regular

Texas House Bill HB1884 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1884
	1	+	By: Minjarez, Miller (Senate Sponsor - Alvarado) H.B. No. 1884
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the information provided to relative and other
6	12		designated caregivers of children in the conservatorship of the
7	13		Department of Family and Protective Services.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 261.3071(c), Family Code, is amended to
10	16		read as follows:
11	17		(c) Information provided in the manuals must be in both
12	18		English and Spanish and must include, as appropriate:
13	19		(1) useful indexes of information such as telephone
14	20		numbers;
15	21		(2) the information required to be provided under
16	22		Section 261.307(a)(1);
17	23		(3) information describing the rights and duties of a
18	24		relative or designated caregiver;
19	25		(4) information regarding:
20	26		(A) the relative and other designated caregiver
21	27		program under Subchapter I, Chapter 264, and the option for the
22	28		relative or other designated caregiver to become verified by a
23	29		licensed child-placing agency to operate an agency foster home, if
24	30		applicable; and
25	31		(B) the permanency care assistance program under
26	32		Subchapter K, Chapter 264; and
27	33		(5) information regarding the role of a voluntary
28	34		caregiver, including information on how to obtain any documentation
29	35		necessary to provide for a child's needs.
30	36		SECTION 2. Section 262.201, Family Code, is amended by
31	37		adding Subsection (n-1) to read as follows:
32	38		(n-1) For a child placed with a relative of the child, the
33	39		court shall inform the relative of:
34	40		(1) the option to become verified by a licensed
35	41		child-placing agency to operate an agency foster home, if
36	42		applicable; and
37	43		(2) the permanency care assistance program under
38	44		Subchapter K, Chapter 264.
39	45		SECTION 3. Section 263.202, Family Code, is amended by
40	46		adding Subsection (i) to read as follows:
41	47		(i) For a child placed with a relative of the child, the
42	48		court shall inform the relative of:
43	49		(1) the option to become verified by a licensed
44	50		child-placing agency to operate an agency foster home, if
45	51		applicable; and
46	52		(2) the permanency care assistance program under
47	53		Subchapter K, Chapter 264.
48	54		SECTION 4. Section 263.306(c), Family Code, is amended to
49	55		read as follows:
50	56		(c) In addition to the requirements of Subsection (a-1), at
51	57		each permanency hearing before a final order is rendered the court
52	58		shall review the department's efforts to:
53	59		(1) ensure that the child has regular, ongoing
54	60		opportunities to engage in age-appropriate normalcy activities,
55	61		including activities not listed in the child's service plan; and
56	62		(2) for a child placed with a relative of the child or
57	63		other designated caregiver, inform the caregiver of:
58	64		(A) the option to become verified by a licensed
59	65		child-placing agency to operate an agency foster home, if
60	66		applicable; and
61	67		(B) the permanency care assistance program under
62	68		Subchapter K, Chapter 264.
63	69		SECTION 5. Section 263.5031, Family Code, is amended to
64	70		read as follows:
65	71		Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL
66	72		ORDER. At each permanency hearing after the court renders a final
67	73		order, the court shall:
68	74		(1) identify all persons and parties present at the
69	75		hearing;
70	76		(2) review the efforts of the department or other
71	77		agency in notifying persons entitled to notice under Section
72	78		263.0021; [and]
73	79		(3) for a child placed with a relative of the child or
74	80		other designated caregiver, review the efforts of the department to
75	81		inform the caregiver of:
76	82		(A) the option to become verified by a licensed
77	83		child-placing agency to operate an agency foster home, if
78	84		applicable; and
79	85		(B) the permanency care assistance program under
80	86		Subchapter K, Chapter 264; and
81	87		(4) review the permanency progress report to
82	88		determine:
83	89		(A) the safety and well-being of the child and
84	90		whether the child's needs, including any medical or special needs,
85	91		are being adequately addressed;
86	92		(B) whether the department placed the child with
87	93		a relative or other designated caregiver and the continuing
88	94		necessity and appropriateness of the placement of the child,
89	95		including with respect to a child who has been placed outside of
90	96		this state, whether the placement continues to be in the best
91	97		interest of the child;
92	98		(C) if the child is placed in institutional care,
93	99		whether efforts have been made to ensure that the child is placed in
94	100		the least restrictive environment consistent with the child's best
95	101		interest and special needs;
96	102		(D) the appropriateness of the primary and
97	103		alternative permanency goals for the child, whether the department
98	104		has made reasonable efforts to finalize the permanency plan,
99	105		including the concurrent permanency goals, in effect for the child,
100	106		and whether:
101	107		(i) the department has exercised due
102	108		diligence in attempting to place the child for adoption if parental
103	109		rights to the child have been terminated and the child is eligible
104	110		for adoption; or
105	111		(ii) another permanent placement,
106	112		including appointing a relative as permanent managing conservator
107	113		or returning the child to a parent, is appropriate for the child;
108	114		(E) for a child whose permanency goal is another
109	115		planned permanent living arrangement:
110	116		(i) the desired permanency outcome for the
111	117		child, by asking the child;
112	118		(ii) whether, as of the date of the hearing,
113	119		another planned permanent living arrangement is the best permanency
114	120		plan for the child and, if so, provide compelling reasons why it
115	121		continues to not be in the best interest of the child to:
116	122		(a) return home;
117	123		(b) be placed for adoption;
118	124		(c) be placed with a legal guardian;
119	125		or
120	126		(d) be placed with a fit and willing
121	127		relative;
122	128		(iii) whether the department has conducted
123	129		an independent living skills assessment under Section
124	130		264.121(a-3);
125	131		(iv) whether the department has addressed
126	132		the goals identified in the child's permanency plan, including the
127	133		child's housing plan, and the results of the independent living
128	134		skills assessment;
129	135		(v) if the youth is 16 years of age or
130	136		older, whether there is evidence that the department has provided
131	137		the youth with the documents and information listed in Section
132	138		264.121(e); and
133	139		(vi) if the youth is 18 years of age or
134	140		older or has had the disabilities of minority removed, whether
135	141		there is evidence that the department has provided the youth with
136	142		the documents and information listed in Section 264.121(e-1);
137	143		(F) if the child is 14 years of age or older,
138	144		whether services that are needed to assist the child in
139	145		transitioning from substitute care to independent living are
140	146		available in the child's community;
141	147		(G) whether the child is receiving appropriate
142	148		medical care and has been provided the opportunity, in a
143	149		developmentally appropriate manner, to express the child's opinion
144	150		on any medical care provided;
145	151		(H) for a child receiving psychotropic
146	152		medication, whether the child:
147	153		(i) has been provided appropriate
148	154		nonpharmacological interventions, therapies, or strategies to meet
149	155		the child's needs; or
150	156		(ii) has been seen by the prescribing
151	157		physician, physician assistant, or advanced practice nurse at least
152	158		once every 90 days;
153	159		(I) whether an education decision-maker for the
154	160		child has been identified, the child's education needs and goals
155	161		have been identified and addressed, and there are major changes in
156	162		the child's school performance or there have been serious
157	163		disciplinary events;
158	164		(J) for a child for whom the department has been
159	165		named managing conservator in a final order that does not include
160	166		termination of parental rights, whether to order the department to
161	167		provide services to a parent for not more than six months after the
162	168		date of the permanency hearing if:
163	169		(i) the child has not been placed with a
164	170		relative or other individual, including a foster parent, who is
165	171		seeking permanent managing conservatorship of the child; and
166	172		(ii) the court determines that further
167	173		efforts at reunification with a parent are:
168	174		(a) in the best interest of the child;
169	175		and
170	176		(b) likely to result in the child's
171	177		safe return to the child's parent; and
172	178		(K) whether the department has identified a
173	179		family or other caring adult who has made a permanent commitment to
174	180		the child.
175	181		SECTION 6. Section 264.7541, Family Code, is amended by
176	182		adding Subsection (c) to read as follows:
177	183		(c) Once a child is placed with a relative or other
178	184		designated caregiver, the department shall inform the caregiver of:
179	185		(1) the option to become verified by a licensed
180	186		child-placing agency to operate an agency foster home, if
181	187		applicable; and
182	188		(2) the permanency care assistance program under
183	189		Subchapter K.
184	190		SECTION 7. Section 264.755, Family Code, is amended by
185	191		adding Subsection (a-1) to read as follows:
186	192		(a-1) When a relative or other designated caregiver enters
187	193		into a caregiver assistance agreement under Subsection (a), the
188	194		department shall inform the caregiver of:
189	195		(1) the option to become verified by a licensed
190	196		child-placing agency to operate an agency foster home, if
191	197		applicable; and
192	198		(2) the permanency care assistance program under
193	199		Subchapter K.
194	200		SECTION 8. This Act takes effect September 1, 2019.
195		-	______________________________ ______________________________
196		-	President of the Senate Speaker of the House
197		-	I certify that H.B. No. 1884 was passed by the House on May 3,
198		-	2019, by the following vote: Yeas 139, Nays 1, 2 present, not
199		-	voting.
200		-	______________________________
201		-	Chief Clerk of the House
202		-	I certify that H.B. No. 1884 was passed by the Senate on May
203		-	20, 2019, by the following vote: Yeas 31, Nays 0.
204		-	______________________________
205		-	Secretary of the Senate
206		-	APPROVED: _____________________
207		-	Date
208		-	_____________________
209		-	Governor
	201	+	* * * * *