1 | 1 | | 87R11556 MCK-D |
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2 | 2 | | By: Dutton H.B. No. 3245 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to eliminating the court appointed advocates. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 29.0151(e), Education Code, is amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | (e) The district may appoint a person who has been appointed |
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12 | 12 | | to serve as a child's guardian ad litem [or as a court-certified |
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13 | 13 | | volunteer advocate, as provided under Section 107.031(c), Family |
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14 | 14 | | Code,] as the child's surrogate parent. |
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15 | 15 | | SECTION 2. Section 107.001(5), Family Code, is amended to |
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16 | 16 | | read as follows: |
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17 | 17 | | (5) "Guardian ad litem" means a person appointed to |
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18 | 18 | | represent the best interests of a child. The term includes: |
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19 | 19 | | (A) [a volunteer advocate from a charitable |
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20 | 20 | | organization described by Subchapter C who is appointed by the |
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21 | 21 | | court as the child's guardian ad litem; |
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22 | 22 | | [(B)] a professional, other than an attorney, who |
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23 | 23 | | holds a relevant professional license and whose training relates to |
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24 | 24 | | the determination of a child's best interests; |
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25 | 25 | | (B) [(C)] an adult having the competence, |
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26 | 26 | | training, and expertise determined by the court to be sufficient to |
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27 | 27 | | represent the best interests of the child; or |
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28 | 28 | | (C) [(D)] an attorney ad litem appointed to serve |
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29 | 29 | | in the dual role. |
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30 | 30 | | SECTION 3. Section 107.011(b), Family Code, is amended to |
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31 | 31 | | read as follows: |
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32 | 32 | | (b) The guardian ad litem appointed for a child under this |
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33 | 33 | | section may be: |
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34 | 34 | | (1) [a charitable organization composed of volunteer |
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35 | 35 | | advocates or an individual volunteer advocate appointed under |
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36 | 36 | | Subchapter C; |
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37 | 37 | | [(2)] an adult having the competence, training, and |
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38 | 38 | | expertise determined by the court to be sufficient to represent the |
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39 | 39 | | best interests of the child; or |
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40 | 40 | | (2) [(3)] an attorney appointed in the dual role. |
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41 | 41 | | SECTION 4. Section 107.022, Family Code, is amended to read |
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42 | 42 | | as follows: |
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43 | 43 | | Sec. 107.022. CERTAIN PROHIBITED APPOINTMENTS. In a suit |
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44 | 44 | | other than a suit filed by a governmental entity requesting |
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45 | 45 | | termination of the parent-child relationship or appointment of the |
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46 | 46 | | entity as conservator of the child, the court may not appoint[: |
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47 | 47 | | [(1)] an attorney to serve in the dual role[; or |
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48 | 48 | | [(2) a volunteer advocate to serve as guardian ad |
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49 | 49 | | litem for a child unless the training of the volunteer advocate is |
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50 | 50 | | designed for participation in suits other than suits filed by a |
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51 | 51 | | governmental entity requesting termination of the parent-child |
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52 | 52 | | relationship or appointment of the entity as conservator of the |
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53 | 53 | | child]. |
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54 | 54 | | SECTION 5. Section 107.023(a), Family Code, is amended to |
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55 | 55 | | read as follows: |
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56 | 56 | | (a) In a suit other than a suit filed by a governmental |
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57 | 57 | | entity requesting termination of the parent-child relationship or |
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58 | 58 | | appointment of the entity as conservator of the child, in addition |
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59 | 59 | | to the attorney's fees that may be awarded under Chapter 106, the |
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60 | 60 | | following persons are entitled to reasonable fees and expenses in |
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61 | 61 | | an amount set by the court and ordered to be paid by one or more |
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62 | 62 | | parties to the suit: |
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63 | 63 | | (1) an attorney appointed as an amicus attorney or as |
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64 | 64 | | an attorney ad litem for the child; and |
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65 | 65 | | (2) a professional who holds a relevant professional |
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66 | 66 | | license and who is appointed as guardian ad litem for the child[, |
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67 | 67 | | other than a volunteer advocate]. |
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68 | 68 | | SECTION 6. Section 202.002(a), Family Code, is amended to |
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69 | 69 | | read as follows: |
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70 | 70 | | (a) A friend of the court may coordinate nonjudicial efforts |
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71 | 71 | | to improve compliance with a court order relating to child support |
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72 | 72 | | or possession of or access to a child by use of: |
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73 | 73 | | (1) telephone communication; |
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74 | 74 | | (2) written communication; |
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75 | 75 | | (3) [one or more volunteer advocates under Chapter |
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76 | 76 | | 107; |
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77 | 77 | | [(4)] informal pretrial consultation; |
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78 | 78 | | (4) [(5)] one or more of the alternate dispute |
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79 | 79 | | resolution methods under Chapter 154, Civil Practice and Remedies |
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80 | 80 | | Code; |
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81 | 81 | | (5) [(6)] a licensed social worker; |
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82 | 82 | | (6) [(7)] a family mediator; and |
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83 | 83 | | (7) [(8)] employment agencies, retraining programs, |
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84 | 84 | | and any similar resources to ensure that both parents can meet their |
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85 | 85 | | financial obligations to the child. |
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86 | 86 | | SECTION 7. Section 263.0021(b), Family Code, is amended to |
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87 | 87 | | read as follows: |
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88 | 88 | | (b) The following persons are entitled to at least 10 days' |
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89 | 89 | | notice of a hearing under this chapter and are entitled to present |
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90 | 90 | | evidence and be heard at the hearing: |
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91 | 91 | | (1) the department; |
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92 | 92 | | (2) the foster parent, preadoptive parent, relative of |
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93 | 93 | | the child providing care, or director or director's designee of the |
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94 | 94 | | group home or general residential operation where the child is |
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95 | 95 | | residing; |
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96 | 96 | | (3) each parent of the child; |
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97 | 97 | | (4) the managing conservator or guardian of the child; |
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98 | 98 | | (5) an attorney ad litem appointed for the child under |
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99 | 99 | | Chapter 107, if the appointment was not dismissed in the final |
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100 | 100 | | order; |
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101 | 101 | | (6) a guardian ad litem appointed for the child under |
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102 | 102 | | Chapter 107, if the appointment was not dismissed in the final |
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103 | 103 | | order; |
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104 | 104 | | (7) [a volunteer advocate appointed for the child |
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105 | 105 | | under Chapter 107, if the appointment was not dismissed in the final |
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106 | 106 | | order; |
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107 | 107 | | [(8)] the child if: |
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108 | 108 | | (A) the child is 10 years of age or older; or |
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109 | 109 | | (B) the court determines it is appropriate for |
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110 | 110 | | the child to receive notice; and |
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111 | 111 | | (8) [(9)] any other person or agency named by the |
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112 | 112 | | court to have an interest in the child's welfare. |
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113 | 113 | | SECTION 8. Section 263.0025(e), Family Code, is amended to |
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114 | 114 | | read as follows: |
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115 | 115 | | (e) The court may appoint a child's guardian ad litem [or |
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116 | 116 | | court-certified volunteer advocate, as provided by Section |
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117 | 117 | | 107.031(c),] as the child's surrogate parent. |
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118 | 118 | | SECTION 9. Section 263.008(b), Family Code, is amended to |
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119 | 119 | | read as follows: |
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120 | 120 | | (b) It is the policy of this state that each child in foster |
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121 | 121 | | care be informed of the child's rights provided by state or federal |
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122 | 122 | | law or policy that relate to: |
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123 | 123 | | (1) abuse, neglect, exploitation, discrimination, and |
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124 | 124 | | harassment; |
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125 | 125 | | (2) food, clothing, shelter, and education; |
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126 | 126 | | (3) medical, dental, vision, and mental health |
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127 | 127 | | services, including the right of the child to consent to treatment; |
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128 | 128 | | (4) emergency behavioral intervention, including what |
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129 | 129 | | methods are permitted, the conditions under which it may be used, |
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130 | 130 | | and the precautions that must be taken when administering it; |
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131 | 131 | | (5) placement with the child's siblings and contact |
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132 | 132 | | with members of the child's family; |
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133 | 133 | | (6) privacy and searches, including the use of storage |
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134 | 134 | | space, mail, and the telephone; |
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135 | 135 | | (7) participation in school-related extracurricular |
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136 | 136 | | or community activities; |
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137 | 137 | | (8) interaction with persons outside the foster care |
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138 | 138 | | system, including teachers, church members, mentors, and friends; |
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139 | 139 | | (9) contact and communication with caseworkers, |
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140 | 140 | | attorneys ad litem, and guardians ad litem[, and court-appointed |
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141 | 141 | | special advocates]; |
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142 | 142 | | (10) religious services and activities; |
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143 | 143 | | (11) confidentiality of the child's records; |
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144 | 144 | | (12) job skills, personal finances, and preparation |
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145 | 145 | | for adulthood; |
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146 | 146 | | (13) participation in a court hearing that involves |
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147 | 147 | | the child; |
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148 | 148 | | (14) participation in the development of service and |
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149 | 149 | | treatment plans; |
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150 | 150 | | (15) if the child has a disability, the advocacy and |
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151 | 151 | | protection of the rights of a person with that disability; and |
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152 | 152 | | (16) any other matter affecting the child's ability to |
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153 | 153 | | receive care and treatment in the least restrictive environment |
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154 | 154 | | that is most like a family setting, consistent with the best |
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155 | 155 | | interests and needs of the child. |
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156 | 156 | | SECTION 10. Section 263.303(a), Family Code, is amended to |
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157 | 157 | | read as follows: |
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158 | 158 | | (a) Not later than the 10th day before the date set for each |
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159 | 159 | | permanency hearing before a final order is rendered, the department |
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160 | 160 | | shall file with the court and provide to each party, the child's |
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161 | 161 | | attorney ad litem, and the child's guardian ad litem[, and the |
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162 | 162 | | child's volunteer advocate] a permanency progress report unless the |
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163 | 163 | | court orders a different period for providing the report. |
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164 | 164 | | SECTION 11. Section 263.602(d), Family Code, is amended to |
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165 | 165 | | read as follows: |
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166 | 166 | | (d) Notice of an extended foster care review hearing shall |
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167 | 167 | | be given as provided by Rule 21a, Texas Rules of Civil Procedure, to |
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168 | 168 | | the following persons, each of whom has a right to present evidence |
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169 | 169 | | and be heard at the hearing: |
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170 | 170 | | (1) the young adult who is the subject of the suit; |
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171 | 171 | | (2) the department; |
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172 | 172 | | (3) the foster parent with whom the young adult is |
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173 | 173 | | placed and the administrator of a child-placing agency responsible |
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174 | 174 | | for placing the young adult, if applicable; |
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175 | 175 | | (4) the director of the residential child-care |
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176 | 176 | | facility or other approved provider with whom the young adult is |
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177 | 177 | | placed, if applicable; |
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178 | 178 | | (5) each parent of the young adult whose parental |
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179 | 179 | | rights have not been terminated and who is still actively involved |
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180 | 180 | | in the life of the young adult; |
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181 | 181 | | (6) a legal guardian of the young adult, if |
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182 | 182 | | applicable; and |
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183 | 183 | | (7) the young adult's attorney ad litem and[,] |
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184 | 184 | | guardian ad litem[, and volunteer advocate], the appointment of |
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185 | 185 | | which has not been previously dismissed by the court. |
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186 | 186 | | SECTION 12. Section 263.605, Family Code, is amended to |
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187 | 187 | | read as follows: |
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188 | 188 | | Sec. 263.605. CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY |
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189 | 189 | | AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE. A court with |
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190 | 190 | | extended jurisdiction under this subchapter may continue or renew |
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191 | 191 | | the appointment of an attorney ad litem or[,] guardian ad litem[, or |
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192 | 192 | | volunteer advocate] for the young adult to assist the young adult in |
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193 | 193 | | accessing services the young adult is entitled to receive from the |
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194 | 194 | | department or any other public or private service provider. |
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195 | 195 | | SECTION 13. Section 264.015(c), Family Code, is amended to |
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196 | 196 | | read as follows: |
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197 | 197 | | (c) To the extent that resources are available, the |
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198 | 198 | | department shall assist the following entities in developing |
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199 | 199 | | training in trauma-informed programs and services and in locating |
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200 | 200 | | money and other resources to assist the entities in providing |
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201 | 201 | | trauma-informed programs and services: |
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202 | 202 | | (1) [court-appointed special advocate programs; |
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203 | 203 | | [(2)] children's advocacy centers; |
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204 | 204 | | (2) [(3)] local community mental health centers |
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205 | 205 | | created under Section 534.001, Health and Safety Code; and |
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206 | 206 | | (3) [(4)] domestic violence shelters. |
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207 | 207 | | SECTION 14. Sections 264.018(e) and (f), Family Code, are |
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208 | 208 | | amended to read as follows: |
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209 | 209 | | (e) Not later than 48 hours before the department changes |
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210 | 210 | | the residential child-care facility of a child in the managing |
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211 | 211 | | conservatorship of the department, the department shall provide |
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212 | 212 | | notice of the change to: |
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213 | 213 | | (1) the child's parent; |
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214 | 214 | | (2) an attorney ad litem appointed for the child under |
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215 | 215 | | Chapter 107; |
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216 | 216 | | (3) a guardian ad litem appointed for the child under |
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217 | 217 | | Chapter 107; and |
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218 | 218 | | (4) [a volunteer advocate appointed for the child |
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219 | 219 | | under Chapter 107; and |
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220 | 220 | | [(5)] the licensed administrator of the child-placing |
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221 | 221 | | agency responsible for placing the child or the licensed |
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222 | 222 | | administrator's designee. |
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223 | 223 | | (f) Except as provided by Subsection (d-1), as soon as |
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224 | 224 | | possible but not later than the 10th day after the date the |
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225 | 225 | | department becomes aware of a significant event affecting a child |
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226 | 226 | | in the conservatorship of the department, the department shall |
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227 | 227 | | provide notice of the significant event to: |
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228 | 228 | | (1) the child's parent; |
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229 | 229 | | (2) an attorney ad litem appointed for the child under |
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230 | 230 | | Chapter 107; |
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231 | 231 | | (3) a guardian ad litem appointed for the child under |
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232 | 232 | | Chapter 107; |
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233 | 233 | | (4) [a volunteer advocate appointed for the child |
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234 | 234 | | under Chapter 107; |
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235 | 235 | | [(5)] the licensed administrator of the child-placing |
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236 | 236 | | agency responsible for placing the child or the licensed |
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237 | 237 | | administrator's designee; |
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238 | 238 | | (5) [(6)] a foster parent, prospective adoptive |
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239 | 239 | | parent, relative of the child providing care to the child, or |
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240 | 240 | | director of the group home or general residential operation where |
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241 | 241 | | the child is residing; and |
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242 | 242 | | (6) [(7)] any other person determined by a court to |
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243 | 243 | | have an interest in the child's welfare. |
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244 | 244 | | SECTION 15. Section 264.107(e), Family Code, is amended to |
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245 | 245 | | read as follows: |
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246 | 246 | | (e) In making placement decisions, the department shall: |
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247 | 247 | | (1) except when making an emergency placement that |
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248 | 248 | | does not allow time for the required consultations, consult with |
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249 | 249 | | the child's caseworker, attorney ad litem, and guardian ad litem |
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250 | 250 | | [and with any court-appointed volunteer advocate for the child]; |
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251 | 251 | | and |
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252 | 252 | | (2) use clinical protocols to match a child to the most |
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253 | 253 | | appropriate placement resource. |
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254 | 254 | | SECTION 16. Section 264.1213, Family Code, is amended to |
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255 | 255 | | read as follows: |
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256 | 256 | | Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT |
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257 | 257 | | OF FOSTER CARE. The department in cooperation with [volunteer |
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258 | 258 | | advocates from a charitable organization described by Subchapter C, |
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259 | 259 | | Chapter 107, and] the Department of Public Safety shall develop |
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260 | 260 | | procedures to ensure that a foster child obtains a driver's license |
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261 | 261 | | or personal identification card before the child leaves the |
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262 | 262 | | conservatorship of the department. |
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263 | 263 | | SECTION 17. Section 264.1261(b), Family Code, as added by |
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264 | 264 | | Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular |
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265 | 265 | | Session, 2017, is amended to read as follows: |
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266 | 266 | | (b) Appropriate department management personnel from a |
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267 | 267 | | child protective services region in which community-based care has |
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268 | 268 | | not been implemented, in collaboration with foster care providers |
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269 | 269 | | and[,] faith-based entities[, and child advocates] in that region, |
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270 | 270 | | shall use data collected by the department on foster care capacity |
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271 | 271 | | needs and availability of each type of foster care and kinship |
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272 | 272 | | placement in the region to create a plan to address the substitute |
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273 | 273 | | care capacity needs in the region. The plan must identify both |
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274 | 274 | | short-term and long-term goals and strategies for addressing those |
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275 | 275 | | capacity needs. |
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276 | 276 | | SECTION 18. Section 264.155, Family Code, is amended to |
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277 | 277 | | read as follows: |
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278 | 278 | | Sec. 264.155. REQUIRED CONTRACT PROVISIONS. A contract |
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279 | 279 | | with a single source continuum contractor to provide |
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280 | 280 | | community-based care services in a catchment area must include |
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281 | 281 | | provisions that: |
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282 | 282 | | (1) establish a timeline for the implementation of |
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283 | 283 | | community-based care in the catchment area, including a timeline |
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284 | 284 | | for implementing: |
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285 | 285 | | (A) case management services for children, |
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286 | 286 | | families, and relative and kinship caregivers receiving services in |
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287 | 287 | | the catchment area; and |
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288 | 288 | | (B) family reunification support services to be |
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289 | 289 | | provided after a child receiving services from the contractor is |
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290 | 290 | | returned to the child's family; |
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291 | 291 | | (2) establish conditions for the single source |
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292 | 292 | | continuum contractor's access to relevant department data and |
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293 | 293 | | require the participation of the contractor in the data access and |
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294 | 294 | | standards governance council created under Section 264.159; |
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295 | 295 | | (3) require the single source continuum contractor to |
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296 | 296 | | create a single process for the training and use of alternative |
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297 | 297 | | caregivers for all child-placing agencies in the catchment area to |
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298 | 298 | | facilitate reciprocity of licenses for alternative caregivers |
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299 | 299 | | between agencies, including respite and overnight care providers, |
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300 | 300 | | as those terms are defined by department rule; |
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301 | 301 | | (4) require the single source continuum contractor to |
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302 | 302 | | maintain a diverse network of service providers that offer a range |
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303 | 303 | | of foster capacity options and that can accommodate children from |
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304 | 304 | | diverse cultural backgrounds; |
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305 | 305 | | (5) allow the department to conduct a performance |
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306 | 306 | | review of the contractor beginning 18 months after the contractor |
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307 | 307 | | has begun providing case management and family reunification |
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308 | 308 | | support services to all children and families in the catchment area |
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309 | 309 | | and determine if the contractor has achieved any performance |
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310 | 310 | | outcomes specified in the contract; |
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311 | 311 | | (6) following the review under Subdivision (5), allow |
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312 | 312 | | the department to: |
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313 | 313 | | (A) impose financial penalties on the contractor |
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314 | 314 | | for failing to meet any specified performance outcomes; or |
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315 | 315 | | (B) award financial incentives to the contractor |
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316 | 316 | | for exceeding any specified performance outcomes; |
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317 | 317 | | (7) require the contractor to give preference for |
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318 | 318 | | employment to employees of the department: |
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319 | 319 | | (A) whose position at the department is impacted |
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320 | 320 | | by the implementation of community-based care; and |
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321 | 321 | | (B) who are considered by the department to be |
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322 | 322 | | employees in good standing; |
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323 | 323 | | (8) require the contractor to provide preliminary and |
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324 | 324 | | ongoing community engagement plans to ensure communication and |
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325 | 325 | | collaboration with local stakeholders in the catchment area, |
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326 | 326 | | including any of the following: |
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327 | 327 | | (A) community faith-based entities; |
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328 | 328 | | (B) the judiciary; |
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329 | 329 | | (C) [court-appointed special advocates; |
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330 | 330 | | [(D)] child advocacy centers; |
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331 | 331 | | (D) [(E)] service providers; |
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332 | 332 | | (E) [(F)] foster families; |
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333 | 333 | | (F) [(G)] biological parents; |
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334 | 334 | | (G) [(H)] foster youth and former foster youth; |
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335 | 335 | | (H) [(I)] relative or kinship caregivers; |
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336 | 336 | | (I) [(J)] child welfare boards, if applicable; |
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337 | 337 | | (J) [(K)] attorneys ad litem; |
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338 | 338 | | (K) [(L)] attorneys that represent parents |
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339 | 339 | | involved in suits filed by the department; and |
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340 | 340 | | (L) [(M)] any other stakeholders, as determined |
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341 | 341 | | by the contractor; and |
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342 | 342 | | (9) require that the contractor comply with any |
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343 | 343 | | applicable court order issued by a court of competent jurisdiction |
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344 | 344 | | in the case of a child for whom the contractor has assumed case |
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345 | 345 | | management responsibilities or an order imposing a requirement on |
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346 | 346 | | the department that relates to functions assumed by the contractor. |
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347 | 347 | | SECTION 19. Section 264.408(a), Family Code, is amended to |
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348 | 348 | | read as follows: |
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349 | 349 | | (a) The files, reports, records, communications, and |
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350 | 350 | | working papers used or developed in providing services under this |
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351 | 351 | | chapter are confidential and not subject to public release under |
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352 | 352 | | Chapter 552, Government Code, and may only be disclosed for |
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353 | 353 | | purposes consistent with this chapter. Disclosure may be made to: |
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354 | 354 | | (1) the department, department employees, law |
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355 | 355 | | enforcement agencies, prosecuting attorneys, medical |
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356 | 356 | | professionals, and other state or local agencies that provide |
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357 | 357 | | services to children and families; and |
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358 | 358 | | (2) the attorney for the alleged victim who is the |
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359 | 359 | | subject of the records [and a court-appointed volunteer advocate |
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360 | 360 | | appointed for the alleged victim under Section 107.031]. |
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361 | 361 | | SECTION 20. Section 36.003, Government Code, is amended to |
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362 | 362 | | read as follows: |
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363 | 363 | | Sec. 36.003. EXEMPTION. The reporting requirements of |
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364 | 364 | | Section 36.004 do not apply to: |
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365 | 365 | | (1) a mediation conducted by an alternative dispute |
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366 | 366 | | resolution system established under Chapter 152, Civil Practice and |
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367 | 367 | | Remedies Code; |
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368 | 368 | | (2) information made confidential under state or |
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369 | 369 | | federal law, including applicable rules; |
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370 | 370 | | (3) a guardian ad litem [or other person appointed |
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371 | 371 | | under a program authorized by Section 107.031, Family Code]; |
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372 | 372 | | (4) an attorney ad litem, guardian ad litem, amicus |
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373 | 373 | | attorney, or mediator appointed under a domestic relations office |
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374 | 374 | | established under Chapter 203, Family Code; |
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375 | 375 | | (5) an attorney ad litem, guardian ad litem, amicus |
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376 | 376 | | attorney, or mediator providing services without expectation or |
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377 | 377 | | receipt of compensation; or |
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378 | 378 | | (6) an attorney ad litem, guardian ad litem, amicus |
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379 | 379 | | attorney, or mediator providing services as a volunteer of a |
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380 | 380 | | nonprofit organization that provides pro bono legal services to the |
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381 | 381 | | indigent. |
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382 | 382 | | SECTION 21. Section 37.002, Government Code, is amended to |
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383 | 383 | | read as follows: |
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384 | 384 | | Sec. 37.002. EXEMPTION. The appointment requirements of |
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385 | 385 | | Section 37.004 do not apply to: |
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386 | 386 | | (1) a mediation conducted by an alternative dispute |
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387 | 387 | | resolution system established under Chapter 152, Civil Practice and |
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388 | 388 | | Remedies Code; |
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389 | 389 | | (2) a guardian ad litem [or other person appointed |
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390 | 390 | | under a program authorized by Section 107.031, Family Code]; |
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391 | 391 | | (3) an attorney ad litem, guardian ad litem, amicus |
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392 | 392 | | attorney, or mediator appointed under a domestic relations office |
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393 | 393 | | established under Chapter 203, Family Code; |
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394 | 394 | | (4) a person other than an attorney or a private |
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395 | 395 | | professional guardian appointed to serve as a guardian as defined |
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396 | 396 | | by Section 1002.012, Estates Code; |
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397 | 397 | | (5) an attorney ad litem, guardian ad litem, amicus |
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398 | 398 | | attorney, or mediator providing services without expectation or |
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399 | 399 | | receipt of compensation; or |
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400 | 400 | | (6) an attorney ad litem, guardian ad litem, amicus |
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401 | 401 | | attorney, or mediator providing services as a volunteer of a |
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402 | 402 | | nonprofit organization that provides pro bono legal services to the |
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403 | 403 | | indigent. |
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404 | 404 | | SECTION 22. Section 497.012(b), Government Code, is amended |
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405 | 405 | | to read as follows: |
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406 | 406 | | (b) If the department determines that it is economically |
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407 | 407 | | feasible, the department shall repair or refurbish the surplus or |
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408 | 408 | | salvage data processing equipment. The department shall sell the |
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409 | 409 | | repaired or refurbished data processing equipment, in the following |
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410 | 410 | | order of preference, to: |
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411 | 411 | | (1) a school district; |
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412 | 412 | | (2) a state agency; or |
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413 | 413 | | (3) a political subdivision of the state[; or |
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414 | 414 | | [(4) a statewide organization described by Section |
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415 | 415 | | 264.603(a), Family Code, or a local volunteer advocate program, as |
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416 | 416 | | defined by Section 264.601, Family Code, for use by children or |
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417 | 417 | | youth in foster care]. |
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418 | 418 | | SECTION 23. Section 40.021(b), Human Resources Code, is |
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419 | 419 | | amended to read as follows: |
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420 | 420 | | (b) The council is composed of nine members of the public |
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421 | 421 | | appointed by the governor. In making appointments to the council, |
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422 | 422 | | the governor shall consider persons who have a demonstrated |
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423 | 423 | | knowledge of the department and the health and human services |
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424 | 424 | | system in general, including former department employees, |
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425 | 425 | | [court-appointed special advocates,] foster care providers, and |
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426 | 426 | | employees of child advocacy centers. |
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427 | 427 | | SECTION 24. Section 244.0105(a), Human Resources Code, is |
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428 | 428 | | amended to read as follows: |
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429 | 429 | | (a) Not later than the 10th day before the date of a |
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430 | 430 | | permanency hearing under Subchapter D, Chapter 263, Family Code, or |
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431 | 431 | | Subchapter F, Chapter 263, Family Code, regarding a child for whom |
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432 | 432 | | the Department of Family and Protective Services has been appointed |
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433 | 433 | | managing conservator, a department caseworker shall submit a |
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434 | 434 | | written report regarding the child's commitment to the department |
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435 | 435 | | to: |
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436 | 436 | | (1) the court; |
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437 | 437 | | (2) the Department of Family and Protective Services; |
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438 | 438 | | and |
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439 | 439 | | (3) any attorney ad litem or guardian ad litem |
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440 | 440 | | appointed for the child[; and |
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441 | 441 | | [(4) any volunteer advocate appointed for the child]. |
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442 | 442 | | SECTION 25. Section 244.0106(c), Human Resources Code, is |
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443 | 443 | | amended to read as follows: |
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444 | 444 | | (c) The rules adopted under this section must require: |
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445 | 445 | | (1) the Department of Family and Protective Services |
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446 | 446 | | to: |
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447 | 447 | | (A) provide the department with access to |
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448 | 448 | | relevant health and education information regarding a child; and |
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449 | 449 | | (B) require a child's caseworker to visit the |
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450 | 450 | | child in person at least once each month while the child is |
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451 | 451 | | committed to the department; |
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452 | 452 | | (2) the department to: |
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453 | 453 | | (A) provide the Department of Family and |
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454 | 454 | | Protective Services with relevant health and education information |
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455 | 455 | | regarding a child; |
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456 | 456 | | (B) permit communication, including in person, |
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457 | 457 | | by telephone, and by mail, between a child committed to the |
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458 | 458 | | department and: |
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459 | 459 | | (i) the Department of Family and Protective |
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460 | 460 | | Services; and |
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461 | 461 | | (ii) the attorney ad litem and[,] the |
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462 | 462 | | guardian ad litem[, and the volunteer advocate] for the child; and |
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463 | 463 | | (C) provide the Department of Family and |
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464 | 464 | | Protective Services and any attorney ad litem or guardian ad litem |
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465 | 465 | | for the child with timely notice of the following events relating to |
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466 | 466 | | the child: |
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467 | 467 | | (i) a meeting designed to develop or revise |
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468 | 468 | | the individual case plan for the child; |
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469 | 469 | | (ii) in accordance with any participation |
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470 | 470 | | protocols to which the Department of Family and Protective Services |
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471 | 471 | | and the department agree, a medical appointment at which a person |
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472 | 472 | | authorized to consent to medical care must participate as required |
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473 | 473 | | by Section 266.004(i), Family Code; |
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474 | 474 | | (iii) an education meeting, including |
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475 | 475 | | admission, review, or dismissal meetings for a child receiving |
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476 | 476 | | special education; |
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477 | 477 | | (iv) a grievance or disciplinary hearing |
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478 | 478 | | for the child; |
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479 | 479 | | (v) a report of abuse or neglect of the |
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480 | 480 | | child; and |
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481 | 481 | | (vi) a significant change in medical |
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482 | 482 | | condition of the child, as defined by Section 264.018, Family Code; |
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483 | 483 | | and |
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484 | 484 | | (3) the Department of Family and Protective Services |
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485 | 485 | | and the department to participate in transition planning for the |
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486 | 486 | | child through release from detention, release under supervision, |
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487 | 487 | | and discharge. |
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488 | 488 | | SECTION 26. Section 244.052(c), Human Resources Code, is |
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489 | 489 | | amended to read as follows: |
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490 | 490 | | (c) The department shall on a quarterly basis provide to the |
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491 | 491 | | parent or[,] guardian[, or designated advocate] of a child who is in |
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492 | 492 | | the custody of the department a report concerning the progress of |
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493 | 493 | | the child at the department, including: |
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494 | 494 | | (1) the academic and behavioral progress of the child; |
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495 | 495 | | and |
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496 | 496 | | (2) the results of any reexamination of the child |
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497 | 497 | | conducted under Section 244.002. |
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498 | 498 | | SECTION 27. Section 245.103(d), Human Resources Code, is |
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499 | 499 | | amended to read as follows: |
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500 | 500 | | (d) The department shall provide a report to the parent |
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501 | 501 | | or[,] guardian[, or designated advocate] of a child whose length of |
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502 | 502 | | stay is extended under Section 245.102 explaining the panel's |
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503 | 503 | | reason for the extension. |
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504 | 504 | | SECTION 28. Section 245.104(b), Human Resources Code, is |
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505 | 505 | | amended to read as follows: |
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506 | 506 | | (b) The process to request reconsideration must provide |
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507 | 507 | | that: |
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508 | 508 | | (1) a child, a parent or[,] guardian[, or designated |
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509 | 509 | | advocate] of a child, an employee of the department, or a person who |
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510 | 510 | | provides volunteer services at a department facility may submit a |
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511 | 511 | | request for reconsideration of an extension order; |
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512 | 512 | | (2) the person submitting the request for |
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513 | 513 | | reconsideration of an extension order must state in the request the |
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514 | 514 | | reason for the request; |
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515 | 515 | | (3) after receiving a request for reconsideration of |
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516 | 516 | | an extension order, the panel shall reconsider an extension order |
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517 | 517 | | that: |
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518 | 518 | | (A) extends the child's stay in the custody of |
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519 | 519 | | the department by six months or more; or |
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520 | 520 | | (B) combined with previous extension orders will |
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521 | 521 | | result in an extension of the child's stay in the custody of the |
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522 | 522 | | department by six months or more; |
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523 | 523 | | (4) the panel's reconsideration of an extension order |
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524 | 524 | | includes consideration of the information submitted in the request; |
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525 | 525 | | and |
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526 | 526 | | (5) the panel shall send a written reply to the child, |
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527 | 527 | | the parent or[,] guardian[, or designated advocate] of the child, |
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528 | 528 | | and the person who made the request for reconsideration of an |
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529 | 529 | | extension order that includes an explanation of the panel's |
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530 | 530 | | decision after reconsidering the extension order, including an |
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531 | 531 | | indication that the panel has considered the information submitted |
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532 | 532 | | in the request. |
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533 | 533 | | SECTION 29. The following provisions are repealed: |
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534 | 534 | | (1) Subchapter C, Chapter 107, Family Code; |
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535 | 535 | | (2) Section 264.1261(b), Family Code, as added by |
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536 | 536 | | Chapter 822 (H.B. 1549), Acts of the 85th Legislature, Regular |
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537 | 537 | | Session, 2017; |
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538 | 538 | | (3) Subchapter G, Chapter 264, Family Code; and |
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539 | 539 | | (4) Section 504.611, Transportation Code. |
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540 | 540 | | SECTION 30. This Act takes effect September 1, 2021. |
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