Texas 2019 - 86th Regular

Texas Senate Bill SB333 Compare Versions

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

Old	New	Differences
1	1	86R2991 MM-D
2	2	By: West S.B. No. 333
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of an attorney ad litem for a child in
8	8	the conservatorship of the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 107.016, Family Code, is amended to read
12	12	as follows:
13	13	Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
14	14	APPOINTMENT. In a suit filed by a governmental entity in which
15	15	termination of the parent-child relationship or appointment of the
16	16	entity as conservator of the child is requested:
17	17	(1) an order appointing the Department of Family and
18	18	Protective Services as the child's managing conservator may provide
19	19	for the continuation of the appointment of the guardian ad litem for
20	20	the child for any period during the time the child remains in the
21	21	conservatorship of the department, as set by the court;
22	22	(2) subject to Section 263.4042, an order appointing
23	23	the Department of Family and Protective Services as the child's
24	24	managing conservator shall [may] provide for the continuation of
25	25	the appointment of the attorney ad litem for the child as long as
26	26	the child remains in the conservatorship of the department; and
27	27	(3) an attorney appointed under this subchapter to
28	28	serve as an attorney ad litem for a parent or an alleged father
29	29	continues to serve in that capacity until the earliest of:
30	30	(A) the date the suit affecting the parent-child
31	31	relationship is dismissed;
32	32	(B) the date all appeals in relation to any final
33	33	order terminating parental rights are exhausted or waived; or
34	34	(C) the date the attorney is relieved of the
35	35	attorney's duties or replaced by another attorney after a finding
36	36	of good cause is rendered by the court on the record.
37	37	SECTION 2. Subchapter E, Chapter 263, Family Code, is
38	38	amended by adding Section 263.4042 to read as follows:
39	39	Sec. 263.4042. CONTINUED APPOINTMENT OF ATTORNEY AD LITEM
40	40	AFTER FINAL ORDER. (a) On the entry of a final order terminating
41	41	the parent-child relationship and naming the Department of Family
42	42	and Protective Services as the child's managing conservator, the
43	43	court may discharge the attorney ad litem appointed for the child if
44	44	the court finds that the child:
45	45	(1) resides in the home identified in the child's
46	46	permanency plan as the child's permanent home;
47	47	(2) has an attorney ad litem or guardian ad litem who
48	48	does not object to the child's permanency plan; and
49	49	(3) has resided in the home described by Subdivision
50	50	(1) for at least three months.
51	51	(b) If a court renders an order discharging a child's
52	52	attorney ad litem under Subsection (a), at each permanency hearing
53	53	following the final order held under Section 263.501, the court
54	54	shall make the findings required by Section 263.5031.
55	55	SECTION 3. Section 263.5031, Family Code, is amended to
56	56	read as follows:
57	57	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL
58	58	ORDER. (a) At each permanency hearing after the court renders a
59	59	final order, the court shall:
60	60	(1) identify all persons and parties present at the
61	61	hearing;
62	62	(2) review the efforts of the department or other
63	63	agency in notifying persons entitled to notice under Section
64	64	263.0021; and
65	65	(3) review the permanency progress report to
66	66	determine:
67	67	(A) the safety and well-being of the child and
68	68	whether the child's needs, including any medical or special needs,
69	69	are being adequately addressed;
70	70	(B) whether the department placed the child with
71	71	a relative or other designated caregiver and the continuing
72	72	necessity and appropriateness of the placement of the child,
73	73	including with respect to a child who has been placed outside of
74	74	this state, whether the placement continues to be in the best
75	75	interest of the child;
76	76	(C) if the child is placed in institutional care,
77	77	whether efforts have been made to ensure that the child is placed in
78	78	the least restrictive environment consistent with the child's best
79	79	interest and special needs;
80	80	(D) the appropriateness of the primary and
81	81	alternative permanency goals for the child, whether the department
82	82	has made reasonable efforts to finalize the permanency plan,
83	83	including the concurrent permanency goals, in effect for the child,
84	84	and whether:
85	85	(i) the department has exercised due
86	86	diligence in attempting to place the child for adoption if parental
87	87	rights to the child have been terminated and the child is eligible
88	88	for adoption; or
89	89	(ii) another permanent placement,
90	90	including appointing a relative as permanent managing conservator
91	91	or returning the child to a parent, is appropriate for the child;
92	92	(E) for a child whose permanency goal is another
93	93	planned permanent living arrangement:
94	94	(i) the desired permanency outcome for the
95	95	child, by asking the child;
96	96	(ii) whether, as of the date of the hearing,
97	97	another planned permanent living arrangement is the best permanency
98	98	plan for the child and, if so, provide compelling reasons why it
99	99	continues to not be in the best interest of the child to:
100	100	(a) return home;
101	101	(b) be placed for adoption;
102	102	(c) be placed with a legal guardian;
103	103	or
104	104	(d) be placed with a fit and willing
105	105	relative;
106	106	(iii) whether the department has conducted
107	107	an independent living skills assessment under Section
108	108	264.121(a-3);
109	109	(iv) whether the department has addressed
110	110	the goals identified in the child's permanency plan, including the
111	111	child's housing plan, and the results of the independent living
112	112	skills assessment;
113	113	(v) if the youth is 16 years of age or
114	114	older, whether there is evidence that the department has provided
115	115	the youth with the documents and information listed in Section
116	116	264.121(e); and
117	117	(vi) if the youth is 18 years of age or
118	118	older or has had the disabilities of minority removed, whether
119	119	there is evidence that the department has provided the youth with
120	120	the documents and information listed in Section 264.121(e-1);
121	121	(F) if the child is 14 years of age or older,
122	122	whether services that are needed to assist the child in
123	123	transitioning from substitute care to independent living are
124	124	available in the child's community;
125	125	(G) whether the child is receiving appropriate
126	126	medical care and has been provided the opportunity, in a
127	127	developmentally appropriate manner, to express the child's opinion
128	128	on any medical care provided;
129	129	(H) for a child receiving psychotropic
130	130	medication, whether the child:
131	131	(i) has been provided appropriate
132	132	nonpharmacological interventions, therapies, or strategies to meet
133	133	the child's needs; or
134	134	(ii) has been seen by the prescribing
135	135	physician, physician assistant, or advanced practice nurse at least
136	136	once every 90 days;
137	137	(I) whether an education decision-maker for the
138	138	child has been identified, the child's education needs and goals
139	139	have been identified and addressed, and there are major changes in
140	140	the child's school performance or there have been serious
141	141	disciplinary events;
142	142	(J) for a child for whom the department has been
143	143	named managing conservator in a final order that does not include
144	144	termination of parental rights, whether to order the department to
145	145	provide services to a parent for not more than six months after the
146	146	date of the permanency hearing if:
147	147	(i) the child has not been placed with a
148	148	relative or other individual, including a foster parent, who is
149	149	seeking permanent managing conservatorship of the child; and
150	150	(ii) the court determines that further
151	151	efforts at reunification with a parent are:
152	152	(a) in the best interest of the child;
153	153	and
154	154	(b) likely to result in the child's
155	155	safe return to the child's parent; and
156	156	(K) whether the department has identified a
157	157	family or other caring adult who has made a permanent commitment to
158	158	the child.
159	159	(b) At each permanency hearing after the court renders a
160	160	final order, the court:
161	161	(1) for a child who is not represented by an attorney
162	162	ad litem shall:
163	163	(A) determine whether the child requires
164	164	representation by an attorney ad litem under Section 107.016; and
165	165	(B) if the court declines to appoint an attorney
166	166	ad litem for the child, state the reason for declining to appoint an
167	167	attorney ad litem; and
168	168	(2) for a child who is represented by an attorney ad
169	169	litem:
170	170	(A) shall consider the need for continued
171	171	appointment of the attorney ad litem for the child; and
172	172	(B) may discharge the attorney ad litem appointed
173	173	for the child if the court finds that:
174	174	(i) the child is eligible for adoption and
175	175	living in the home identified in the permanency plan as the child's
176	176	permanent home;
177	177	(ii) the child's attorney ad litem or
178	178	guardian ad litem does not object to the child's permanency plan;
179	179	and
180	180	(iii) the child has resided in the home
181	181	described by Subparagraph (i) for at least three months.
182	182	SECTION 4. The changes in law made by this Act apply to a
183	183	suit affecting the parent-child relationship filed before, on, or
184	184	after the effective date of this Act.
185	185	SECTION 5. This Act takes effect September 1, 2019.