H.B. No. 1884
AN ACT
relating to the information provided to relative and other
designated caregivers of children in the conservatorship of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.3071(c), Family Code, is amended to
read as follows:
(c) Information provided in the manuals must be in both
English and Spanish and must include, as appropriate:
(1) useful indexes of information such as telephone
numbers;
(2) the information required to be provided under
Section 261.307(a)(1);
(3) information describing the rights and duties of a
relative or designated caregiver;
(4) information regarding:
(A) the relative and other designated caregiver
program under Subchapter I, Chapter 264, and the option for the
relative or other designated caregiver to become verified by a
licensed child-placing agency to operate an agency foster home, if
applicable; and
(B) the permanency care assistance program under
Subchapter K, Chapter 264; and
(5) information regarding the role of a voluntary
caregiver, including information on how to obtain any documentation
necessary to provide for a child's needs.
SECTION 2. Section 262.201, Family Code, is amended by
adding Subsection (n-1) to read as follows:
(n-1) For a child placed with a relative of the child, the
court shall inform the relative of:
(1) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(2) the permanency care assistance program under
Subchapter K, Chapter 264.
SECTION 3. Section 263.202, Family Code, is amended by
adding Subsection (i) to read as follows:
(i) For a child placed with a relative of the child, the
court shall inform the relative of:
(1) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(2) the permanency care assistance program under
Subchapter K, Chapter 264.
SECTION 4. Section 263.306(c), Family Code, is amended to
read as follows:
(c) In addition to the requirements of Subsection (a-1), at
each permanency hearing before a final order is rendered the court
shall review the department's efforts to:
(1) ensure that the child has regular, ongoing
opportunities to engage in age-appropriate normalcy activities,
including activities not listed in the child's service plan; and
(2) for a child placed with a relative of the child or
other designated caregiver, inform the caregiver of:
(A) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(B) the permanency care assistance program under
Subchapter K, Chapter 264.
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) for a child placed with a relative of the child or
other designated caregiver, review the efforts of the department to
inform the caregiver of:
(A) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(B) the permanency care assistance program under
Subchapter K, Chapter 264; and
(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) whether the department placed the child with
a relative or other designated caregiver and 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;
(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 264.7541, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) Once a child is placed with a relative or other
designated caregiver, the department shall inform the caregiver of:
(1) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(2) the permanency care assistance program under
Subchapter K.
SECTION 7. Section 264.755, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) When a relative or other designated caregiver enters
into a caregiver assistance agreement under Subsection (a), the
department shall inform the caregiver of:
(1) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(2) the permanency care assistance program under
Subchapter K.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1884 was passed by the House on May 3,
2019, by the following vote: Yeas 139, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1884 was passed by the Senate on May
20, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor