Texas 2021 - 87th Regular

Texas House Bill HB3041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3041
	1	+	By: Frank, et al. (Senate Sponsor - Kolkhorst) H.B. No. 3041
	2	+	(In the Senate - Received from the House April 28, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on Health &
	4	+	Human Services; May 14, 2021, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 14, 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 the provision of certain services by the Department of
6	12		Family and Protective Services as an alternative to removing a
7	13		child and certain procedures with respect to children in the
8	14		managing conservatorship of the department.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Section 262.1095, Family Code, is amended by
11	17		amending Subsections (a) and (b) and adding Subsection (d-1) to
12	18		read as follows:
13	19		(a) When the Department of Family and Protective Services or
14	20		another agency takes possession of a child under this chapter, the
15	21		department:
16	22		(1) shall provide information as prescribed by this
17	23		section in writing to each adult the department is able to identify
18	24		and locate who is:
19	25		(A) related to the child within the third degree
20	26		by consanguinity as determined under Chapter 573, Government Code;
21	27		(B) an adult relative of the alleged father of
22	28		the child if the department has a reasonable basis to believe the
23	29		alleged father is the child's biological father; or
24	30		(C) identified as a potential relative or
25	31		designated caregiver, as defined by Section 264.751, on the
26	32		proposed child placement resources form provided under Section
27	33		261.307; and
28	34		(2) may provide information as prescribed by this
29	35		section to each adult the department is able to identify and locate
30	36		who has a long-standing and significant relationship with the
31	37		child.
32	38		(b) The information provided under Subsection (a) must:
33	39		(1) state that the child has been removed from the
34	40		child's home and is in the temporary managing conservatorship of
35	41		the department;
36	42		(2) explain the options available to the individual to
37	43		participate in the care and placement of the child and the support
38	44		of the child's family, the methods by which the individual may
39	45		exercise those options, and any requirements the individual must
40	46		satisfy to exercise those options, including:
41	47		(A) the requirement that the individual be
42	48		evaluated by the Department of Family and Protective Services under
43	49		Section 262.114 before the individual may serve as a substitute
44	50		caregiver; and
45	51		(B) the deadlines before which the individual
46	52		must respond to exercise those options;
47	53		(3) identify the [state that some] options available
48	54		to the individual that may be lost if the individual fails to
49	55		respond in a timely manner; [and]
50	56		(4) include, if applicable, the date, time, and
51	57		location of the hearing under Subchapter C, Chapter 263; and
52	58		(5) include information regarding the procedures and
53	59		timeline for a suit affecting the parent-child relationship under
54	60		this chapter.
55	61		(d-1) Immediately after the Department of Family and
56	62		Protective Services identifies and locates an individual described
57	63		by Subsection (a)(1), the department shall provide the information
58	64		required by this section.
59	65		SECTION 2. Chapter 262, Family Code, is amended by adding
60	66		Subchapter F to read as follows:
61	67		SUBCHAPTER F. FAMILY PRESERVATION SERVICES PILOT PROGRAM
62	68		Sec. 262.401. DEFINITIONS. In this subchapter:
63	69		(1) "Child who is a candidate for foster care" means a
64	70		child who is at imminent risk of being removed from the child's home
65	71		and placed into the conservatorship of the department because of a
66	72		continuing danger to the child's physical health or safety caused
67	73		by an act or failure to act of a person entitled to possession of the
68	74		child but for whom a court of competent jurisdiction has issued an
69	75		order allowing the child to remain safely in the child's home or in
70	76		a kinship placement with the provision of family preservation
71	77		services.
72	78		(2) "Department" means the Department of Family and
73	79		Protective Services.
74	80		(3) "Family preservation service" means a
75	81		time-limited, family-focused service, including a service subject
76	82		to the Family First Prevention Services Act (Title VII, Div. E, Pub.
77	83		L. No. 115-123), provided to the family of a child who is:
78	84		(A) a candidate for foster care to prevent or
79	85		eliminate the need to remove the child and to allow the child to
80	86		remain safely with the child's family; or
81	87		(B) a pregnant or parenting foster youth.
82	88		(4) "Family preservation services plan" means a
83	89		written plan, based on a professional assessment, listing the
84	90		family preservation services, including services subject to the
85	91		Family First Prevention Services Act (Title VII, Div. E, Pub. L.
86	92		No. 115-123), to be provided to the family of a child who is:
87	93		(A) a candidate for foster care; or
88	94		(B) a pregnant or parenting foster youth.
89	95		(5) "Foster care" means substitute care as defined by
90	96		Section 263.001.
91	97		Sec. 262.402. PILOT PROGRAM FOR FAMILY PRESERVATION
92	98		SERVICES. (a) The department shall establish a pilot program that
93	99		allows the department to dispose of an investigation by referring
94	100		the family of a child who is a candidate for foster care for family
95	101		preservation services and allowing the child to return home instead
96	102		of entering foster care or by providing services to a pregnant or
97	103		parenting foster youth. The department shall implement the pilot
98	104		program in two child protective services regions in this state, one
99	105		urban and one rural.
100	106		(b) The pilot program must be implemented in at least one
101	107		child protective services region in this state in which
102	108		community-based care has been implemented under Subchapter B-1,
103	109		Chapter 264.
104	110		(c) In authorizing family preservation services for a child
105	111		who is a candidate for foster care, the child's safety is the
106	112		primary concern. The services may be modified as necessary to
107	113		accommodate the child's circumstances.
108	114		(d) In implementing the pilot program, the department shall
109	115		use:
110	116		(1) Title IV-E funds to:
111	117		(A) pay for legal representation for parents in
112	118		the manner provided by Section 107.015; or
113	119		(B) provide to counties a matching reimbursement
114	120		for the cost of the legal representation; and
115	121		(2) funds received under the Temporary Assistance for
116	122		Needy Families (TANF) program or other department funds to provide
117	123		enhanced in-home support services to families qualifying for
118	124		prevention services under this subchapter to achieve the objectives
119	125		in the family preservation services plan.
120	126		Sec. 262.403. COURT ORDER REQUIRED. (a) Subject to
121	127		Subsection (b), the department must obtain a court order from a
122	128		court of competent jurisdiction to compel the family of a child who
123	129		is a candidate for foster care to obtain family preservation
124	130		services and complete the family preservation services plan.
125	131		(b) The department is not required to obtain a court order
126	132		to provide family preservation services to a pregnant or parenting
127	133		foster youth.
128	134		Sec. 262.404. FILING SUIT; PETITION REQUIREMENTS. (a) The
129	135		department may file a suit requesting the court to render an order
130	136		requiring the parent, managing conservator, guardian, or other
131	137		member of the child's household to:
132	138		(1) participate in the family preservation services
133	139		for which the department makes a referral or services the
134	140		department provides or purchases to:
135	141		(A) alleviate the effects of the abuse or neglect
136	142		that has occurred;
137	143		(B) reduce a continuing danger to the physical
138	144		health or safety of the child caused by an act or failure to act of
139	145		the parent, managing conservator, guardian, or other member of the
140	146		child's household; or
141	147		(C) reduce a substantial risk of abuse or neglect
142	148		caused by an act or failure to act of the parent, managing
143	149		conservator, guardian, or other member of the child's household;
144	150		(2) permit the child and any siblings of the child to
145	151		receive the services; and
146	152		(3) complete all actions and services required under
147	153		the family preservation services plan.
148	154		(b) A suit requesting an order under this section may be
149	155		filed in a court with jurisdiction to hear the suit in the county in
150	156		which the child is located.
151	157		(c) Except as otherwise provided by this subchapter, the
152	158		suit is governed by the Texas Rules of Civil Procedure applicable to
153	159		the filing of an original lawsuit.
154	160		(d) The petition for suit must be supported by:
155	161		(1) a sworn affidavit based on personal knowledge and
156	162		stating facts sufficient to support a finding that:
157	163		(A) the child has been a victim of abuse or
158	164		neglect or is at substantial risk of abuse or neglect; and
159	165		(B) there is a continuing danger to the child's
160	166		physical health or safety caused by an act or failure to act of the
161	167		parent, managing conservator, guardian, or other member of the
162	168		child's household unless that person participates in family
163	169		preservation services requested by the department; and
164	170		(2) a safety risk assessment for the child that
165	171		documents:
166	172		(A) the process for the child to remain at home
167	173		with appropriate family preservation services instead of foster
168	174		care;
169	175		(B) the specific reasons the department should
170	176		provide family preservation services to the family; and
171	177		(C) the manner in which family preservation
172	178		services will mitigate the risk of the child entering foster care.
173	179		(e) In a suit filed under this section, the court may render
174	180		a temporary restraining order as provided by Section 105.001.
175	181		(f) The court shall hold a hearing on the petition not later
176	182		than the 14th day after the date the petition is filed unless the
177	183		court finds good cause for extending that date for not more than 14
178	184		days.
179	185		Sec. 262.405. AD LITEM APPOINTMENTS. (a) The court shall
180	186		appoint an attorney ad litem to represent the interests of the child
181	187		immediately after a suit is filed under Section 262.404 but before
182	188		the hearing to ensure adequate representation of the child. The
183	189		attorney ad litem for the child has the powers and duties of an
184	190		attorney ad litem for a child under Chapter 107.
185	191		(b) The court shall appoint an attorney ad litem to
186	192		represent the interests of a parent for whom participation in
187	193		family preservation services is being requested immediately after
188	194		the suit is filed but before the hearing to ensure adequate
189	195		representation of the parent. The attorney ad litem for the parent
190	196		has the powers and duties of an attorney ad litem for a parent under
191	197		Section 107.0131.
192	198		(c) Before the hearing commences, the court shall inform
193	199		each parent of:
194	200		(1) the parent's right to be represented by an
195	201		attorney; and
196	202		(2) for a parent who is indigent and appears in
197	203		opposition to the motion, the parent's right to a court-appointed
198	204		attorney.
199	205		(d) If a parent claims indigence, the court shall require
200	206		the parent to complete and file with the court an affidavit of
201	207		indigence. The court may consider additional evidence to determine
202	208		whether the parent is indigent, including evidence relating to the
203	209		parent's income, source of income, assets, property ownership,
204	210		benefits paid in accordance with a federal, state, or local public
205	211		assistance program, outstanding obligations, and necessary
206	212		expenses and the number and ages of the parent's dependents. If the
207	213		court finds the parent is indigent, the attorney ad litem appointed
208	214		to represent the interests of the parent may continue the
209	215		representation. If the court finds the parent is not indigent, the
210	216		court shall discharge the attorney ad litem from the appointment
211	217		after the hearing and order the parent to pay the cost of the
212	218		attorney ad litem's representation.
213	219		(e) The court may, for good cause shown, postpone any
214	220		subsequent proceedings for not more than seven days after the date
215	221		of the attorney ad litem's discharge to allow the parent to hire an
216	222		attorney or to provide the parent's attorney time to prepare for the
217	223		subsequent proceeding.
218	224		Sec. 262.406. COURT ORDER. (a) Except as provided by
219	225		Subsection (d), at the conclusion of the hearing in a suit filed
220	226		under Section 262.404, the court shall order the department to
221	227		provide family preservation services and to execute a family
222	228		preservation services plan developed in collaboration with the
223	229		family of the child who is a candidate for foster care if the court
224	230		finds sufficient evidence to satisfy a person of ordinary prudence
225	231		and caution that:
226	232		(1) abuse or neglect occurred or there is a
227	233		substantial risk of abuse or neglect or continuing danger to the
228	234		child's physical health or safety caused by an act or failure to act
229	235		of the parent, managing conservator, guardian, or other member of
230	236		the child's household;
231	237		(2) family preservation services are necessary to
232	238		ensure the child's physical health or safety; and
233	239		(3) family preservation services are appropriate
234	240		based on the child's safety risk assessment and the child's family
235	241		assessment.
236	242		(b) The court's order for family preservation services
237	243		must:
238	244		(1) identify and require specific services narrowly
239	245		tailored to address the factors that make the child a candidate for
240	246		foster care; and
241	247		(2) include a statement on whether the services to be
242	248		provided to the family are appropriate to address the factors that
243	249		place the child at risk of removal.
244	250		(c) The court may, in its discretion, order family
245	251		preservation services for a parent whose parental rights to another
246	252		child were previously terminated.
247	253		(d) If the court finds, by clear and convincing evidence,
248	254		that the parent has subjected the child to aggravated circumstances
249	255		described by Section 262.2015, the court may order that family
250	256		preservation services not be provided.
251	257		Sec. 262.407. FAMILY PRESERVATION SERVICES PLAN; CONTENTS.
252	258		(a) On order of the court under Section 262.406, the department in
253	259		consultation with the child's family shall develop a family
254	260		preservation services plan. The department and the family shall
255	261		discuss each term and condition of the plan.
256	262		(b) The family preservation services plan must be written in
257	263		a manner that is clear and understandable to the parent, managing
258	264		conservator, guardian, or other member of the child's household and
259	265		in a language the person understands.
260	266		(c) The family preservation services plan must:
261	267		(1) include a safety risk assessment of the child who
262	268		is the subject of the investigation and an assessment of the child's
263	269		family;
264	270		(2) state the reasons the department is involved with
265	271		the family;
266	272		(3) be narrowly tailored to address the specific
267	273		reasons the department is involved with the family and the factors
268	274		that make the child a candidate for foster care;
269	275		(4) list the specific family preservation services the
270	276		family will receive under the plan and identify the manner in which
271	277		those services will mitigate the child's specific risk factors and
272	278		allow the child to remain safely at home;
273	279		(5) specify the tasks the family must complete during
274	280		the effective period of the plan and include a schedule with
275	281		appropriate completion dates for those tasks; and
276	282		(6) include the name of the department or single
277	283		source continuum contractor representative who will serve as a
278	284		contact for the family in obtaining information related to the
279	285		plan.
280	286		(d) The family preservation services plan must include the
281	287		following statement:
282	288		"TO THE PARENT OF THE CHILD SERVED BY THIS PLAN: THIS
283	289		DOCUMENT IS VERY IMPORTANT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR
284	290		CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD
285	291		SPECIFIED IN THIS PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE
286	292		YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR CHILD MAY BE REMOVED FROM
287	293		YOU, AND YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
288	294		RESTRICTED OR TERMINATED. A COURT HEARING WILL BE HELD AT WHICH A
289	295		JUDGE WILL REVIEW THIS FAMILY PRESERVATION SERVICES PLAN."
290	296		Sec. 262.408. FAMILY PRESERVATION SERVICES PLAN: SIGNING
291	297		AND EFFECT. (a) The family of a child who is a candidate for foster
292	298		care and the department shall sign the family preservation services
293	299		plan, and the department shall submit a copy of the signed plan to
294	300		the court for review.
295	301		(b) If the family is unwilling to participate in the
296	302		development of the family preservation services plan, the
297	303		department may submit the plan to the court without the parents'
298	304		signatures.
299	305		(c) The family preservation services plan takes effect on
300	306		the date the court certifies that the plan complies with the court's
301	307		order for family preservation services and is narrowly tailored to
302	308		address the factors that make the child a candidate for foster care.
303	309		The court may hold a hearing to review the plan for compliance.
304	310		(d) The family preservation services plan remains in effect
305	311		until:
306	312		(1) the 180th day after the date the court's order for
307	313		family preservation services is signed, unless renewed by an order
308	314		of the court; or
309	315		(2) the date the plan is amended or revoked by the
310	316		court.
311	317		(e) A person subject to the family preservation services
312	318		plan may file a motion with the court at any time to request a
313	319		modification or revocation of the original or any amended plan.
314	320		Sec. 262.409. AMENDED FAMILY PRESERVATION SERVICES PLAN.
315	321		(a) A family preservation services plan may be amended at any time.
316	322		The department or single source continuum contractor and the
317	323		parents of a child who is a candidate for foster care shall jointly
318	324		develop any amendment to the plan. The department or contractor
319	325		must inform the parents of their rights related to the amended
320	326		family preservation services plan process.
321	327		(b) The parents and the person preparing the amended family
322	328		preservation services plan shall sign the amended plan, and the
323	329		department or single source continuum contractor shall submit the
324	330		amended plan to the court for review.
325	331		(c) If the parents are unwilling to participate in the
326	332		development of the amended family preservation services plan, the
327	333		department or single source continuum contractor may submit the
328	334		amended plan to the court without the parents' signatures.
329	335		(d) The amended family preservation services plan takes
330	336		effect on the date the court certifies that the amended plan
331	337		complies with the court's order for family preservation services
332	338		and is narrowly tailored to address the factors that make the child
333	339		a candidate for foster care. The court may hold a hearing to review
334	340		the amended plan for compliance.
335	341		(e) The amended family preservation services plan is in
336	342		effect until:
337	343		(1) the 180th day after the date the court's order for
338	344		family preservation services is signed, unless renewed by an order
339	345		of the court; or
340	346		(2) the date the amended plan is modified or revoked by
341	347		the court.
342	348		Sec. 262.410. COURT IMPLEMENTATION OF FAMILY PRESERVATION
343	349		SERVICES PLAN. (a) After reviewing and certifying an original or
344	350		any amended family preservation services plan, the court shall
345	351		incorporate the original and any amended plan into the court's
346	352		order and may render additional appropriate orders to implement or
347	353		require compliance with an original or amended plan.
348	354		(b) In rendering an order, a court may omit any service
349	355		prescribed under the family preservation services plan that the
350	356		court finds is not appropriate or is not narrowly tailored to
351	357		address the factors that make the child a candidate for foster care
352	358		and place the child at risk of removal.
353	359		Sec. 262.411. SELECTION OF SERVICE PROVIDER. (a) A parent,
354	360		managing conservator, guardian, or other member of a household
355	361		ordered to participate in family preservation services under this
356	362		subchapter may obtain those services from a qualified or licensed
357	363		provider selected by the person.
358	364		(b) Services provided by a provider selected under
359	365		Subsection (a) must be similar in scope and duration to services
360	366		described by the family preservation services plan adopted under
361	367		Section 262.407 and achieve the stated goals of the service plan.
362	368		The service provider must certify in writing that the parent,
363	369		managing conservator, guardian, or other member of a household
364	370		completed the services.
365	371		(c) A parent, managing conservator, guardian, or other
366	372		member of a household who obtains family preservation services from
367	373		a provider selected by the person is responsible for the cost of
368	374		those services.
369	375		(d) A parent, managing conservator, guardian, or other
370	376		member of a household who successfully completes the required
371	377		family preservation services must obtain verification from the
372	378		service provider of that completion. The department shall accept
373	379		the service provider's verification provided under this subsection
374	380		as proof that the person successfully completed the court-ordered
375	381		family preservation services.
376	382		Sec. 262.412. STATUS HEARING. Not later than the 90th day
377	383		after the date the court renders an order for family preservation
378	384		services under this subchapter, the court shall hold a hearing to
379	385		review the status of each person required to participate in the
380	386		services and of the child and to review the services provided,
381	387		purchased, or referred. The court shall set subsequent review
382	388		hearings every 90 days to review the continued need for the order.
383	389		Sec. 262.413. EXTENSION OF ORDER. (a) The court may extend
384	390		an order for family preservation services rendered under this
385	391		subchapter on a showing by the department of a continuing need for
386	392		the order, after notice and hearing. Except as provided by
387	393		Subsection (b), the court may extend the order only one time for not
388	394		more than 180 days.
389	395		(b) The court may extend an order rendered under this
390	396		subchapter for not more than an additional 180 days only if:
391	397		(1) the court finds that:
392	398		(A) the extension is necessary to allow the
393	399		person required to participate in family preservation services
394	400		under the family preservation services plan time to complete those
395	401		services;
396	402		(B) the department made a good faith effort to
397	403		timely provide the services to the person;
398	404		(C) the person made a good faith effort to
399	405		complete the services; and
400	406		(D) the completion of the services is necessary
401	407		to ensure the physical health and safety of the child; and
402	408		(2) the extension is requested by the person required
403	409		to participate in family preservation services under the family
404	410		preservation services plan or the person's attorney.
405	411		Sec. 262.414. EXPIRATION OF ORDER. On expiration of a court
406	412		order for family preservation services under this subchapter, the
407	413		court shall dismiss the case.
408	414		Sec. 262.415. CONTRACT FOR SERVICES. (a) The department
409	415		may contract with one or more persons to provide family
410	416		preservation services under the pilot program. In a child
411	417		protective services region in this state in which community-based
412	418		care under Subchapter B-1, Chapter 264, has been implemented and in
413	419		which the pilot program is implemented, the department may contract
414	420		with the single source continuum contractor to provide family
415	421		preservation services under the pilot program.
416	422		(b) The contract with the person selected to provide family
417	423		preservation services must include performance-based measures that
418	424		require the person to show that as a result of the services:
419	425		(1) fewer children enter foster care in the pilot
420	426		program region in comparison to other regions of this state;
421	427		(2) fewer children are removed from their families
422	428		after receiving the services in the pilot program region in
423	429		comparison to other regions of this state; and
424	430		(3) fewer children enter foster care in the five years
425	431		following completion of the services in the pilot program region in
426	432		comparison to other regions of this state.
427	433		(c) The department shall collaborate with a person selected
428	434		to provide family preservation services to identify children who
429	435		are candidates for foster care or who are pregnant or parenting
430	436		foster youth and to ensure that the services are appropriate for
431	437		children referred by the department.
432	438		Sec. 262.416. LIMIT ON FINANCE OF SERVICES. If a court
433	439		order for services under this subchapter includes services that are
434	440		not subject to the Family First Prevention Services Act (Title VII,
435	441		Div. E., Pub. L. No. 115-123), the order must identify a method of
436	442		financing for the services and the local jurisdiction that will pay
437	443		for the services.
438	444		Sec. 262.417. REPORT TO LEGISLATURE. (a) Not later than the
439	445		first anniversary of the date the department commences a pilot
440	446		program under this subchapter and every two years after that date,
441	447		the department shall contract with an entity based in this state
442	448		that is independent of the department and has demonstrated
443	449		expertise in statistical, financial, logistical, and operational
444	450		analysis to evaluate the implementation of the pilot program under
445	451		this subchapter, assess its progress, and report its findings to
446	452		the appropriate standing committees of the legislature having
447	453		jurisdiction over child protective services and foster care
448	454		matters. The report must include:
449	455		(1) a detailed description of the actions taken by the
450	456		department to ensure the successful implementation of the pilot
451	457		program;
452	458		(2) a detailed analysis of the role each of the
453	459		following entities has in the pilot program:
454	460		(A) the courts;
455	461		(B) legal representatives;
456	462		(C) the investigations division of the
457	463		department; and
458	464		(D) the department or other entity implementing
459	465		the pilot program;
460	466		(3) an analysis of any barrier to the successful
461	467		implementation of the pilot program and recommendations for
462	468		overcoming those barriers;
463	469		(4) data on the performance-based outcomes described
464	470		by Subsection (b) and achieved in the child protective services
465	471		region in which the pilot program is implemented;
466	472		(5) a detailed comparison of outcomes achieved in the
467	473		child protective services region in which the pilot program is
468	474		implemented with outcomes achieved in other child protective
469	475		services regions;
470	476		(6) a detailed description of the costs of the pilot
471	477		program and services provided; and
472	478		(7) recommendations on whether to expand services
473	479		described in this subchapter to other child protective services
474	480		regions in this state based on the outcomes and performance of the
475	481		pilot program.
476	482		(b) Performance-based outcomes for evaluating the pilot
477	483		program must include:
478	484		(1) the number of children served;
479	485		(2) the number of families served;
480	486		(3) the percentage of children who do not have a
481	487		reported finding of abuse, neglect, or exploitation;
482	488		(4) the percentage of children served who did not
483	489		enter foster care at case closure;
484	490		(5) the percentage of children served who did not
485	491		enter foster care within six months and one year of the date the
486	492		case was closed;
487	493		(6) the number of families who received family
488	494		preservation services under the pilot program for whom the
489	495		department opens an investigation of abuse or neglect involving the
490	496		family before the second anniversary of the date the case was
491	497		closed; and
492	498		(7) the average length of time services are provided
493	499		from the entry of an order for family preservation services to case
494	500		dismissal.
495	501		SECTION 3. Section 263.202(b), Family Code, is amended to
496	502		read as follows:
497	503		(b) Except as otherwise provided by this subchapter, a
498	504		status hearing shall be limited to matters related to the contents
499	505		and execution of the service plan filed with the court. The court
500	506		shall review the service plan that the department filed under this
501	507		chapter for reasonableness, accuracy, and compliance with
502	508		requirements of court orders and make findings as to whether:
503	509		(1) a plan that has the goal of returning the child to
504	510		the child's parents adequately ensures that reasonable efforts are
505	511		made to enable the child's parents to provide a safe environment for
506	512		the child;
507	513		(2) the child's parents have reviewed and understand
508	514		the plan and have been advised that unless the parents are willing
509	515		and able to provide the child with a safe environment, even with the
510	516		assistance of a service plan, within the reasonable period of time
511	517		specified in the plan, the parents' parental and custodial duties
512	518		and rights may be subject to restriction or to termination under
513	519		this code or the child may not be returned to the parents;
514	520		(3) the plan is narrowly [reasonably] tailored to
515	521		address any specific issues identified by the department; and
516	522		(4) the child's parents and the representative of the
517	523		department have signed the plan.
518	524		SECTION 4. Subchapter C, Chapter 264, Family Code, is
519	525		amended by adding Section 264.2031 to read as follows:
520	526		Sec. 264.2031. SELECTION OF SERVICE PROVIDER. (a) A
521	527		parent, managing conservator, guardian, or other member of a
522	528		household ordered to participate in services under Section
523	529		264.203(a) may obtain those services from a qualified provider
524	530		selected by the person.
525	531		(b) A parent, managing conservator, guardian, or other
526	532		member of a household who obtains services from a provider selected
527	533		by the person is responsible for the cost of those services.
528	534		(c) A parent, managing conservator, guardian, or other
529	535		member of a household who successfully completes the services
530	536		ordered under Section 264.203(a) must obtain verification from the
531	537		service provider of that completion. The department shall accept
532	538		the service provider's verification provided under this subsection
533	539		as proof that the person successfully completed the court-ordered
534	540		services.
535	541		SECTION 5. The changes in law made by this Act to Section
536	542		262.1095, Family Code, apply only to a suit affecting the
537	543		parent-child relationship filed on or after the effective date of
538	544		this Act. A suit affecting the parent-child relationship filed
539	545		before the effective date of this Act is governed by the law in
540	546		effect immediately before the effective date of this Act, and the
541	547		former law is continued in effect for that purpose.
542	548		SECTION 6. This Act takes effect September 1, 2021.
543		-	______________________________ ______________________________
544		-	President of the Senate Speaker of the House
545		-	I certify that H.B. No. 3041 was passed by the House on April
546		-	28, 2021, by the following vote: Yeas 142, Nays 0, 1 present, not
547		-	voting.
548		-	______________________________
549		-	Chief Clerk of the House
550		-	I certify that H.B. No. 3041 was passed by the Senate on May
551		-	19, 2021, by the following vote: Yeas 31, Nays 0.
552		-	______________________________
553		-	Secretary of the Senate
554		-	APPROVED: _____________________
555		-	Date
556		-	_____________________
557		-	Governor
	549	+	* * * * *