Texas 2021 - 87th Regular

Texas Senate Bill SB1576 Compare Versions

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

Old	New	Differences
1	1	87R8289 MCK-F
2	2	By: Kolkhorst S.B. No. 1576
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures and grounds for taking possession of a
8	8	child and authorizing a family preservation services pilot program
9	9	as an alternative to removal in suits affecting the parent-child
10	10	relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 262, Family Code, is amended by adding
13	13	Subchapter F to read as follows:
14	14	SUBCHAPTER F. FAMILY PRESERVATION SERVICES PILOT PROGRAM
15	15	Sec. 262.401. DEFINITIONS. In this subchapter:
16	16	(1) "Child who is a candidate for foster care" means a
17	17	child who is at imminent risk of being removed from the child's home
18	18	and placed into the conservatorship of the department because of a
19	19	continuing danger to the child's physical health or safety caused
20	20	by an act or failure to act of a person entitled to possession of the
21	21	child but for whom a court of competent jurisdiction has issued an
22	22	order allowing the child to remain safely in the child's home or in
23	23	a kinship placement with the provision of family preservation
24	24	services.
25	25	(2) "Department" means the Department of Family and
26	26	Protective Services.
27	27	(3) "Family preservation service" means a
28	28	time-limited service subject to the Family First Prevention
29	29	Services Act (Title VII, Div. E., Pub. L. No. 115-123) provided to
30	30	the family of a child who is a candidate for foster care to prevent
31	31	or eliminate the need to remove the child from and allow the child
32	32	to remain safely in the child's home.
33	33	(4) "Family preservation services plan" means a
34	34	written plan, based on a professional assessment and subject to the
35	35	Family First Prevention Services Act (Title VII, Div. E., Pub. L.
36	36	No. 115-123), listing the family preservation services to be
37	37	provided to the family of a child who is a candidate for foster
38	38	care.
39	39	(5) "Foster care" means substitute care as defined by
40	40	Section 263.001.
41	41	Sec. 262.402. PILOT PROGRAM FOR FAMILY PRESERVATION
42	42	SERVICES. (a) The department shall establish a pilot program that
43	43	allows the department to dispose of an investigation of a child who
44	44	is a candidate for foster care by referring the child's family for
45	45	family preservation services and allowing the child to return home
46	46	instead of entering foster care. The department shall implement
47	47	the pilot program in two child protective services regions in this
48	48	state, one urban and one rural.
49	49	(b) The pilot program may be implemented in only one child
50	50	protective services region in this state in which community-based
51	51	care has been implemented under Subchapter B-1, Chapter 264.
52	52	(c) In authorizing family preservation services for a child
53	53	who is a candidate for foster care, the child's safety is the
54	54	primary concern. The program may be modified as necessary to
55	55	accommodate the child's circumstances.
56	56	Sec. 262.403. COURT ORDER REQUIRED. The department must
57	57	obtain a court order to compel the family of a child who is a
58	58	candidate for foster care to obtain family preservation services
59	59	and complete the family preservation services plan.
60	60	Sec. 262.404. FILING SUIT; PETITION REQUIREMENTS. (a) The
61	61	department may file a suit requesting the court to render an order
62	62	requiring the parent, managing conservator, guardian, or other
63	63	member of the child's household to:
64	64	(1) participate in the family preservation services
65	65	for which the department makes a referral or services the
66	66	department provides or purchases to:
67	67	(A) alleviate the effects of the abuse or neglect
68	68	that has occurred;
69	69	(B) reduce a continuing danger to the physical
70	70	health or safety of the child caused by an act or failure to act of
71	71	the parent, managing conservator, guardian, or other member of the
72	72	child's household; or
73	73	(C) reduce a substantial risk of abuse or neglect
74	74	caused by an act or failure to act of the parent, managing
75	75	conservator, guardian, or other member of the child's household;
76	76	(2) permit the child and any siblings of the child to
77	77	receive the services; and
78	78	(3) complete all actions and services required under
79	79	the family preservation services plan.
80	80	(b) A suit requesting an order under this section may be
81	81	filed in a court with jurisdiction to hear the suit in the county in
82	82	which the child is located.
83	83	(c) Except as otherwise provided by this subchapter, the
84	84	suit is governed by the Texas Rules of Civil Procedure applicable to
85	85	the filing of an original lawsuit.
86	86	(d) The petition for suit must be supported by:
87	87	(1) a sworn affidavit based on personal knowledge and
88	88	stating facts sufficient to support a finding that:
89	89	(A) the child has been a victim of abuse or
90	90	neglect or is at substantial risk of abuse or neglect; and
91	91	(B) there is a continuing danger to the child's
92	92	physical health or safety caused by an act or failure to act of the
93	93	parent, managing conservator, guardian, or other member of the
94	94	child's household unless that person participates in family
95	95	preservation services requested by the department; and
96	96	(2) a safety risk assessment for the child that
97	97	documents:
98	98	(A) the process for the child to remain at home
99	99	with appropriate family preservation services instead of foster
100	100	care;
101	101	(B) the specific reasons the department should
102	102	provide family preservation services to the family; and
103	103	(C) the manner in which family preservation
104	104	services will mitigate the risk of the child entering foster care.
105	105	(e) In a suit filed under this section, the court may render
106	106	a temporary restraining order as provided by Section 105.001.
107	107	(f) The court shall hold a hearing on the petition not later
108	108	than the 14th day after the date the petition is filed unless the
109	109	court finds good cause for extending that date for not more than 14
110	110	days.
111	111	Sec. 262.405. AD LITEM APPOINTMENTS. (a) The court shall
112	112	appoint an attorney ad litem to represent the interests of the child
113	113	immediately after a suit is filed under Section 262.404 but before
114	114	the hearing to ensure adequate representation of the child. The
115	115	attorney ad litem for the child has the powers and duties of an
116	116	attorney ad litem for a child under Chapter 107.
117	117	(b) The court shall appoint an attorney ad litem to
118	118	represent the interests of a parent for whom participation in
119	119	family preservation services is being requested immediately after
120	120	the suit is filed but before the hearing to ensure adequate
121	121	representation of the parent. The attorney ad litem for the parent
122	122	has the powers and duties of an attorney ad litem for a parent under
123	123	Section 107.0131.
124	124	(c) Before the hearing commences, the court shall inform
125	125	each parent of:
126	126	(1) the parent's right to be represented by an
127	127	attorney; and
128	128	(2) for a parent who is indigent and appears in
129	129	opposition to the motion, the parent's right to a court-appointed
130	130	attorney.
131	131	(d) If a parent claims indigence, the court shall require
132	132	the parent to complete and file with the court an affidavit of
133	133	indigence. The court may consider additional evidence to determine
134	134	whether the parent is indigent, including evidence relating to the
135	135	parent's income, source of income, assets, property ownership,
136	136	benefits paid in accordance with a federal, state, or local public
137	137	assistance program, outstanding obligations, and necessary
138	138	expenses and the number and ages of the parent's dependents. If the
139	139	court finds the parent is indigent, the attorney ad litem appointed
140	140	to represent the interests of the parent may continue the
141	141	representation. If the court finds the parent is not indigent, the
142	142	court shall discharge the attorney ad litem from the appointment
143	143	after the hearing and order the parent to pay the cost of the
144	144	attorney ad litem's representation.
145	145	(e) The court may, for good cause shown, postpone any
146	146	subsequent proceedings for not more than seven days after the date
147	147	of the attorney ad litem's discharge to allow the parent to hire an
148	148	attorney or to provide the parent's attorney time to prepare for the
149	149	subsequent proceeding.
150	150	Sec. 262.406. COURT ORDER. (a) Except as provided by
151	151	Subsection (d), at the conclusion of the hearing in a suit filed
152	152	under Section 262.404, the court shall order the department to
153	153	provide family preservation services and to execute a family
154	154	preservation services plan developed in collaboration with the
155	155	family of the child who is a candidate for foster care if the court
156	156	finds by a preponderance of evidence that:
157	157	(1) abuse or neglect occurred or there is a
158	158	substantial risk of abuse or neglect or continuing danger to the
159	159	child's physical health or safety caused by an act or failure to act
160	160	of the parent, managing conservator, guardian, or other member of
161	161	the child's household;
162	162	(2) family preservation services are necessary to
163	163	ensure the child's physical health or safety; and
164	164	(3) family preservation services are appropriate
165	165	based on the child's safety risk assessment and the child's family
166	166	assessment.
167	167	(b) The court's order for family preservation services
168	168	must:
169	169	(1) identify and require specific services narrowly
170	170	tailored to address the factors that make the child a candidate for
171	171	foster care; and
172	172	(2) include a statement on whether the services to be
173	173	provided to the family are appropriate to address the factors that
174	174	place the child at risk of removal.
175	175	(c) The court may, in its discretion, order family
176	176	preservation services for a parent whose parental rights to another
177	177	child were previously terminated.
178	178	(d) If the court finds, by clear and convincing evidence,
179	179	that the parent has subjected the child to aggravated circumstances
180	180	described by Section 262.2015, the court may order that family
181	181	preservation services not be provided.
182	182	Sec. 262.407. FAMILY PRESERVATION SERVICES PLAN; CONTENTS.
183	183	(a) On order of the court under Section 262.406, the department in
184	184	consultation with the child's family shall develop a family
185	185	preservation services plan. The department and the family shall
186	186	discuss each term and condition of the plan.
187	187	(b) The family preservation services plan must be written in
188	188	a manner that is clear and understandable to the parent, managing
189	189	conservator, guardian, or other member of the child's household and
190	190	in a language the person understands.
191	191	(c) The family preservation services plan must:
192	192	(1) include a safety risk assessment of the child who
193	193	is the subject of the investigation and an assessment of the child's
194	194	family;
195	195	(2) state the reasons the department is involved with
196	196	the family;
197	197	(3) be narrowly tailored to address the specific
198	198	reasons the department is involved with the family and the factors
199	199	that make the child a candidate for foster care;
200	200	(4) list the specific family preservation services the
201	201	family will receive under the plan and identify the manner in which
202	202	those services will mitigate the child's specific risk factors and
203	203	allow the child to remain safely at home;
204	204	(5) specify the tasks the family must complete during
205	205	the effective period of the plan and include a schedule with
206	206	appropriate completion dates for those tasks; and
207	207	(6) include the name of the department or single
208	208	source continuum contractor representative who will serve as a
209	209	contact for the family in obtaining information related to the
210	210	plan.
211	211	(d) The family preservation services plan must include the
212	212	following statement:
213	213	"TO THE PARENT OF THE CHILD SERVED BY THIS PLAN: THIS
214	214	DOCUMENT IS VERY IMPORTANT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR
215	215	CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD
216	216	SPECIFIED IN THIS PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE
217	217	YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR CHILD MAY BE REMOVED FROM
218	218	YOU, AND YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
219	219	RESTRICTED OR TERMINATED. A COURT HEARING WILL BE HELD AT WHICH A
220	220	JUDGE WILL REVIEW THIS FAMILY PRESERVATION SERVICES PLAN."
221	221	Sec. 262.408. FAMILY PRESERVATION SERVICES PLAN: SIGNING
222	222	AND EFFECT. (a) The family of a child who is a candidate for foster
223	223	care and the department shall sign the family preservation services
224	224	plan, and the department shall submit a copy of the signed plan to
225	225	the court for review.
226	226	(b) If the family is unwilling to participate in the
227	227	development of the family preservation services plan, the
228	228	department may submit the plan to the court without the parents'
229	229	signatures.
230	230	(c) The family preservation services plan takes effect on
231	231	the date the court certifies that the plan complies with the court's
232	232	order for family preservation services and is narrowly tailored to
233	233	address the factors that make the child a candidate for foster care.
234	234	The court may hold a hearing to review the plan for compliance.
235	235	(d) The family preservation services plan remains in effect
236	236	until:
237	237	(1) the 180th day after the date the court's order for
238	238	family preservation services is signed, unless renewed by an order
239	239	of the court; or
240	240	(2) the date the plan is amended or revoked by the
241	241	court.
242	242	(e) A person subject to the family preservation services
243	243	plan may file a motion with the court at any time to request a
244	244	modification or revocation of the original or any amended plan.
245	245	Sec. 262.409. AMENDED FAMILY PRESERVATION SERVICES PLAN.
246	246	(a) A family preservation services plan may be amended at any time.
247	247	The department or single source continuum contractor and the
248	248	parents of a child who is a candidate for foster care shall jointly
249	249	develop any amendment to the plan. The department or contractor
250	250	must inform the parents of their rights related to the amended
251	251	family preservation services plan process.
252	252	(b) The parents and the person preparing the amended family
253	253	preservation services plan shall sign the amended plan, and the
254	254	department or single source continuum contractor shall submit the
255	255	amended plan to the court for review.
256	256	(c) If the parents are unwilling to participate in the
257	257	development of the amended family preservation services plan, the
258	258	department or single source continuum contractor may submit the
259	259	amended plan to the court without the parents' signatures.
260	260	(d) The amended family preservation services plan takes
261	261	effect on the date the court certifies that the amended plan
262	262	complies with the court's order for family preservation services
263	263	and is narrowly tailored to address the factors that make the child
264	264	a candidate for foster care. The court may hold a hearing to review
265	265	the amended plan for compliance.
266	266	(e) The amended family preservation services plan is in
267	267	effect until:
268	268	(1) the 180th day after the date the court's order for
269	269	family preservation services is signed, unless renewed by an order
270	270	of the court; or
271	271	(2) the date the amended plan is modified or revoked by
272	272	the court.
273	273	Sec. 262.410. COURT IMPLEMENTATION OF FAMILY PRESERVATION
274	274	SERVICES PLAN. (a) After reviewing and certifying an original or
275	275	any amended family preservation services plan, the court shall
276	276	incorporate the original and any amended plan into the court's
277	277	order and may render additional appropriate orders to implement or
278	278	require compliance with an original or amended plan.
279	279	(b) In rendering an order, a court may omit any service
280	280	prescribed under the family preservation services plan that the
281	281	court finds is not appropriate or is not narrowly tailored to
282	282	address the factors that make the child a candidate for foster care
283	283	and place the child at risk of removal.
284	284	Sec. 262.411. SELECTION OF SERVICE PROVIDER. (a) A parent,
285	285	managing conservator, guardian, or other member of a household
286	286	ordered to participate in family preservation services under this
287	287	subchapter may obtain those services from a qualified provider
288	288	selected by the person.
289	289	(b) A parent, managing conservator, guardian, or other
290	290	member of a household who obtains family preservation services from
291	291	a provider selected by the person is responsible for the cost of
292	292	those services.
293	293	(c) A parent, managing conservator, guardian, or other
294	294	member of a household who successfully completes the required
295	295	family preservation services must obtain verification from the
296	296	service provider of that completion. The department shall accept
297	297	the service provider's verification provided under this subsection
298	298	as proof that the person successfully completed the court-ordered
299	299	family preservation services.
300	300	Sec. 262.412. STATUS HEARING. Not later than the 90th day
301	301	after the date the court renders an order for family preservation
302	302	services under this subchapter, the court shall hold a hearing to
303	303	review the status of each person required to participate in the
304	304	services and of the child and to review the services provided,
305	305	purchased, or referred. The court shall set subsequent review
306	306	hearings every 90 days to review the continued need for the order.
307	307	Sec. 262.413. EXTENSION OF ORDER. (a) The court may extend
308	308	an order for family preservation services rendered under this
309	309	subchapter on a showing by the department of a continuing need for
310	310	the order, after notice and hearing. Except as provided by
311	311	Subsection (b), the court may extend the order only one time for not
312	312	more than 180 days.
313	313	(b) The court may extend an order rendered under this
314	314	subchapter for not more than an additional 180 days only if:
315	315	(1) the court finds that:
316	316	(A) the extension is necessary to allow the
317	317	person required to participate in family preservation services
318	318	under the family preservation services plan time to complete those
319	319	services;
320	320	(B) the department made a good faith effort to
321	321	timely provide the services to the person;
322	322	(C) the person made a good faith effort to
323	323	complete the services; and
324	324	(D) the completion of the services is necessary
325	325	to ensure the physical health and safety of the child; and
326	326	(2) the extension is requested by the person required
327	327	to participate in family preservation services under the family
328	328	preservation services plan or the person's attorney.
329	329	Sec. 262.414. EXPIRATION OF ORDER. On expiration of a court
330	330	order for family preservation services under this subchapter, the
331	331	court shall dismiss the case.
332	332	Sec. 262.415. CONTRACT FOR SERVICES. (a) The department
333	333	may contract with one or more persons to provide family
334	334	preservation services under the pilot program. In a child
335	335	protective services region in this state in which community-based
336	336	care under Subchapter B-1, Chapter 264, has been implemented and in
337	337	which the pilot program is implemented, the department may contract
338	338	with the single source continuum contractor to provide family
339	339	preservation services under the pilot program.
340	340	(b) The contract with the person selected to provide family
341	341	preservation services must include performance-based measures that
342	342	require the person to show that as a result of the services:
343	343	(1) fewer children enter foster care in the pilot
344	344	program region in comparison to other regions of this state;
345	345	(2) fewer children are removed from their families
346	346	after receiving the services in the pilot program region in
347	347	comparison to other regions of this state; and
348	348	(3) fewer children enter foster care in the five years
349	349	following completion of the services in the pilot program region in
350	350	comparison to other regions of this state.
351	351	(c) The department shall collaborate with a person selected
352	352	to provide family preservation services to identify children who
353	353	are candidates for foster care and to ensure that the services are
354	354	appropriate for children referred by the department.
355	355	Sec. 262.416. LIMIT ON FINANCE OF SERVICES. If a court
356	356	order for services under this subchapter includes services that are
357	357	not subject to the Family First Prevention Services Act (Title VII,
358	358	Div. E., Pub. L. No. 115-123), the order must identify a method of
359	359	financing for the services and the local jurisdiction that will pay
360	360	for the services.
361	361	Sec. 262.417. REPORT TO LEGISLATURE. Not later than the
362	362	first anniversary of the date the department implements a pilot
363	363	program under this subchapter and every two years after that date,
364	364	the department shall report on the progress of the pilot program to
365	365	the appropriate standing committees of the legislature having
366	366	jurisdiction over child protective services and foster care
367	367	matters. The report must include:
368	368	(1) a detailed description of the actions taken by the
369	369	department to ensure the successful implementation of the pilot
370	370	program;
371	371	(2) data on performance-based outcomes achieved in the
372	372	child protective services region in which the pilot program is
373	373	implemented;
374	374	(3) a detailed comparison of outcomes achieved in the
375	375	child protective services region in which the pilot program is
376	376	implemented with outcomes achieved in other child protective
377	377	services regions;
378	378	(4) a detailed description of the costs of the pilot
379	379	program and services provided; and
380	380	(5) recommendations on whether to expand services
381	381	described in this subchapter to other child protective services
382	382	regions in this state based on the outcomes and performance of the
383	383	pilot program.
384	384	SECTION 2. Section 263.202(b), Family Code, is amended to
385	385	read as follows:
386	386	(b) Except as otherwise provided by this subchapter, a
387	387	status hearing shall be limited to matters related to the contents
388	388	and execution of the service plan filed with the court. The court
389	389	shall review the service plan that the department filed under this
390	390	chapter for reasonableness, accuracy, and compliance with
391	391	requirements of court orders and make findings as to whether:
392	392	(1) a plan that has the goal of returning the child to
393	393	the child's parents adequately ensures that reasonable efforts are
394	394	made to enable the child's parents to provide a safe environment for
395	395	the child;
396	396	(2) the child's parents have reviewed and understand
397	397	the plan and have been advised that unless the parents are willing
398	398	and able to provide the child with a safe environment, even with the
399	399	assistance of a service plan, within the reasonable period of time
400	400	specified in the plan, the parents' parental and custodial duties
401	401	and rights may be subject to restriction or to termination under
402	402	this code or the child may not be returned to the parents;
403	403	(3) the plan is narrowly [reasonably] tailored to
404	404	address any specific issues identified by the department; and
405	405	(4) the child's parents and the representative of the
406	406	department have signed the plan.
407	407	SECTION 3. Subchapter C, Chapter 264, Family Code, is
408	408	amended by adding Section 264.2031 to read as follows:
409	409	Sec. 264.2031. SELECTION OF SERVICE PROVIDER. (a) A
410	410	parent, managing conservator, guardian, or other member of a
411	411	household ordered to participate in services under Section
412	412	264.203(a) may obtain those services from a qualified provider
413	413	selected by the person.
414	414	(b) A parent, managing conservator, guardian, or other
415	415	member of a household who obtains services from a provider selected
416	416	by the person is responsible for the cost of those services.
417	417	(c) A parent, managing conservator, guardian, or other
418	418	member of a household who successfully completes the services
419	419	ordered under Section 264.203(a) must obtain verification from the
420	420	service provider of that completion. The department shall accept
421	421	the service provider's verification provided under this subsection
422	422	as proof that the person successfully completed the court-ordered
423	423	services.
424	424	SECTION 4. This Act takes effect September 1, 2021.