Texas 2021 - 87th Regular

Texas House Bill HB2058 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2058
	1	+	By: Klick (Senate Sponsor - Zaffirini) H.B. No. 2058
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on Health &
	4	+	Human Services; May 18, 2021, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; May 18, 2021, 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 age-appropriate normalcy activities for children in the
6	12		managing conservatorship of the state.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 263.5031, Family Code, is amended to
9	15		read as follows:
10	16		Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
11	17		(a) At each permanency hearing after the court renders a final
12	18		order, the court shall:
13	19		(1) identify all persons and parties present at the
14	20		hearing;
15	21		(2) review the efforts of the department or other
16	22		agency in notifying persons entitled to notice under Section
17	23		263.0021;
18	24		(3) for a child placed with a relative of the child or
19	25		other designated caregiver, review the efforts of the department to
20	26		inform the caregiver of:
21	27		(A) the option to become verified by a licensed
22	28		child-placing agency to operate an agency foster home, if
23	29		applicable; and
24	30		(B) the permanency care assistance program under
25	31		Subchapter K, Chapter 264; and
26	32		(4) review the permanency progress report to
27	33		determine:
28	34		(A) the safety and well-being of the child and
29	35		whether the child's needs, including any medical or special needs,
30	36		are being adequately addressed;
31	37		(B) whether the child has been provided the
32	38		opportunity, in a developmentally appropriate manner, to identify
33	39		any adult, particularly an adult residing in the child's community,
34	40		who could be a relative or designated caregiver for the child;
35	41		(C) whether the department placed the child with
36	42		a relative or designated caregiver and the continuing necessity and
37	43		appropriateness of the placement of the child, including with
38	44		respect to a child who has been placed outside of this state,
39	45		whether the placement continues to be in the best interest of the
40	46		child;
41	47		(D) if the child is placed in institutional care,
42	48		whether efforts have been made to ensure that the child is placed in
43	49		the least restrictive environment consistent with the child's best
44	50		interest and special needs;
45	51		(E) the appropriateness of the primary and
46	52		alternative permanency goals for the child, whether the department
47	53		has made reasonable efforts to finalize the permanency plan,
48	54		including the concurrent permanency goals, in effect for the child,
49	55		and whether:
50	56		(i) the department has exercised due
51	57		diligence in attempting to place the child for adoption if parental
52	58		rights to the child have been terminated and the child is eligible
53	59		for adoption; or
54	60		(ii) another permanent placement,
55	61		including appointing a relative as permanent managing conservator
56	62		or returning the child to a parent, is appropriate for the child;
57	63		(F) for a child whose permanency goal is another
58	64		planned permanent living arrangement:
59	65		(i) the desired permanency outcome for the
60	66		child, by asking the child;
61	67		(ii) whether, as of the date of the hearing,
62	68		another planned permanent living arrangement is the best permanency
63	69		plan for the child and, if so, provide compelling reasons why it
64	70		continues to not be in the best interest of the child to:
65	71		(a) return home;
66	72		(b) be placed for adoption;
67	73		(c) be placed with a legal guardian;
68	74		or
69	75		(d) be placed with a fit and willing
70	76		relative;
71	77		(iii) whether the department has conducted
72	78		an independent living skills assessment under Section
73	79		264.121(a-3);
74	80		(iv) whether the department has addressed
75	81		the goals identified in the child's permanency plan, including the
76	82		child's housing plan, and the results of the independent living
77	83		skills assessment;
78	84		(v) if the youth is 16 years of age or
79	85		older, whether there is evidence that the department has provided
80	86		the youth with the documents and information listed in Section
81	87		264.121(e); and
82	88		(vi) if the youth is 18 years of age or
83	89		older or has had the disabilities of minority removed, whether
84	90		there is evidence that the department has provided the youth with
85	91		the documents and information listed in Section 264.121(e-1);
86	92		(G) if the child is 14 years of age or older,
87	93		whether services that are needed to assist the child in
88	94		transitioning from substitute care to independent living are
89	95		available in the child's community;
90	96		(H) whether the child is receiving appropriate
91	97		medical care and has been provided the opportunity, in a
92	98		developmentally appropriate manner, to express the child's opinion
93	99		on any medical care provided;
94	100		(I) for a child receiving psychotropic
95	101		medication, whether the child:
96	102		(i) has been provided appropriate
97	103		nonpharmacological interventions, therapies, or strategies to meet
98	104		the child's needs; or
99	105		(ii) has been seen by the prescribing
100	106		physician, physician assistant, or advanced practice nurse at least
101	107		once every 90 days;
102	108		(J) whether an education decision-maker for the
103	109		child has been identified, the child's education needs and goals
104	110		have been identified and addressed, and there are major changes in
105	111		the child's school performance or there have been serious
106	112		disciplinary events;
107	113		(K) for a child for whom the department has been
108	114		named managing conservator in a final order that does not include
109	115		termination of parental rights, whether to order the department to
110	116		provide services to a parent for not more than six months after the
111	117		date of the permanency hearing if:
112	118		(i) the child has not been placed with a
113	119		relative or other individual, including a foster parent, who is
114	120		seeking permanent managing conservatorship of the child; and
115	121		(ii) the court determines that further
116	122		efforts at reunification with a parent are:
117	123		(a) in the best interest of the child;
118	124		and
119	125		(b) likely to result in the child's
120	126		safe return to the child's parent; and
121	127		(L) whether the department has identified a
122	128		family or other caring adult who has made a permanent commitment to
123	129		the child.
124	130		(b) In addition to the requirements of Subsection (a), at
125	131		each permanency hearing after the court renders a final order, the
126	132		court shall review the department's efforts to ensure the child has
127	133		regular, ongoing opportunities to engage in age-appropriate
128	134		normalcy activities, including activities not listed in the child's
129	135		service plan.
130	136		SECTION 2. Section 263.503, Family Code, is repealed.
131	137		SECTION 3. The changes in law made by this Act apply only to
132	138		a permanency hearing conducted under Chapter 263, Family Code, on
133	139		or after the effective date of this Act. A permanency hearing
134	140		conducted before the effective date of this Act is governed by the
135	141		law in effect on the date the hearing was conducted, and the former
136	142		law is continued in effect for that purpose.
137	143		SECTION 4. This Act takes effect September 1, 2021.
138		-	______________________________ ______________________________
139		-	President of the Senate Speaker of the House
140		-	I certify that H.B. No. 2058 was passed by the House on April
141		-	16, 2021, by the following vote: Yeas 145, Nays 0, 2 present, not
142		-	voting.
143		-	______________________________
144		-	Chief Clerk of the House
145		-	I certify that H.B. No. 2058 was passed by the Senate on May
146		-	21, 2021, by the following vote: Yeas 31, Nays 0.
147		-	______________________________
148		-	Secretary of the Senate
149		-	APPROVED: _____________________
150		-	Date
151		-	_____________________
152		-	Governor
	144	+	* * * * *