Texas 2021 - 87th Regular

Texas Senate Bill SB52 Compare Versions

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

Old	New	Differences
1	1	87R1809 MCK-D
2	2	By: Zaffirini S.B. No. 52
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to age-appropriate normalcy activities for children in the
8	8	managing conservatorship of the state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 263.5031, Family Code, is amended to
11	11	read as follows:
12	12	Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
13	13	(a) At each permanency hearing after the court renders a final
14	14	order, the court shall:
15	15	(1) identify all persons and parties present at the
16	16	hearing;
17	17	(2) review the efforts of the department or other
18	18	agency in notifying persons entitled to notice under Section
19	19	263.0021;
20	20	(3) for a child placed with a relative of the child or
21	21	other designated caregiver, review the efforts of the department to
22	22	inform the caregiver of:
23	23	(A) the option to become verified by a licensed
24	24	child-placing agency to operate an agency foster home, if
25	25	applicable; and
26	26	(B) the permanency care assistance program under
27	27	Subchapter K, Chapter 264; and
28	28	(4) review the permanency progress report to
29	29	determine:
30	30	(A) the safety and well-being of the child and
31	31	whether the child's needs, including any medical or special needs,
32	32	are being adequately addressed;
33	33	(B) whether the child has been provided the
34	34	opportunity, in a developmentally appropriate manner, to identify
35	35	any adult, particularly an adult residing in the child's community,
36	36	who could be a relative or designated caregiver for the child;
37	37	(C) whether the department placed the child with
38	38	a relative or designated caregiver and the continuing necessity and
39	39	appropriateness of the placement of the child, including with
40	40	respect to a child who has been placed outside of this state,
41	41	whether the placement continues to be in the best interest of the
42	42	child;
43	43	(D) if the child is placed in institutional care,
44	44	whether efforts have been made to ensure that the child is placed in
45	45	the least restrictive environment consistent with the child's best
46	46	interest and special needs;
47	47	(E) the appropriateness of the primary and
48	48	alternative permanency goals for the child, whether the department
49	49	has made reasonable efforts to finalize the permanency plan,
50	50	including the concurrent permanency goals, in effect for the child,
51	51	and whether:
52	52	(i) the department has exercised due
53	53	diligence in attempting to place the child for adoption if parental
54	54	rights to the child have been terminated and the child is eligible
55	55	for adoption; or
56	56	(ii) another permanent placement,
57	57	including appointing a relative as permanent managing conservator
58	58	or returning the child to a parent, is appropriate for the child;
59	59	(F) for a child whose permanency goal is another
60	60	planned permanent living arrangement:
61	61	(i) the desired permanency outcome for the
62	62	child, by asking the child;
63	63	(ii) whether, as of the date of the hearing,
64	64	another planned permanent living arrangement is the best permanency
65	65	plan for the child and, if so, provide compelling reasons why it
66	66	continues to not be in the best interest of the child to:
67	67	(a) return home;
68	68	(b) be placed for adoption;
69	69	(c) be placed with a legal guardian;
70	70	or
71	71	(d) be placed with a fit and willing
72	72	relative;
73	73	(iii) whether the department has conducted
74	74	an independent living skills assessment under Section
75	75	264.121(a-3);
76	76	(iv) whether the department has addressed
77	77	the goals identified in the child's permanency plan, including the
78	78	child's housing plan, and the results of the independent living
79	79	skills assessment;
80	80	(v) if the youth is 16 years of age or
81	81	older, whether there is evidence that the department has provided
82	82	the youth with the documents and information listed in Section
83	83	264.121(e); and
84	84	(vi) if the youth is 18 years of age or
85	85	older or has had the disabilities of minority removed, whether
86	86	there is evidence that the department has provided the youth with
87	87	the documents and information listed in Section 264.121(e-1);
88	88	(G) if the child is 14 years of age or older,
89	89	whether services that are needed to assist the child in
90	90	transitioning from substitute care to independent living are
91	91	available in the child's community;
92	92	(H) whether the child is receiving appropriate
93	93	medical care and has been provided the opportunity, in a
94	94	developmentally appropriate manner, to express the child's opinion
95	95	on any medical care provided;
96	96	(I) for a child receiving psychotropic
97	97	medication, whether the child:
98	98	(i) has been provided appropriate
99	99	nonpharmacological interventions, therapies, or strategies to meet
100	100	the child's needs; or
101	101	(ii) has been seen by the prescribing
102	102	physician, physician assistant, or advanced practice nurse at least
103	103	once every 90 days;
104	104	(J) whether an education decision-maker for the
105	105	child has been identified, the child's education needs and goals
106	106	have been identified and addressed, and there are major changes in
107	107	the child's school performance or there have been serious
108	108	disciplinary events;
109	109	(K) for a child for whom the department has been
110	110	named managing conservator in a final order that does not include
111	111	termination of parental rights, whether to order the department to
112	112	provide services to a parent for not more than six months after the
113	113	date of the permanency hearing if:
114	114	(i) the child has not been placed with a
115	115	relative or other individual, including a foster parent, who is
116	116	seeking permanent managing conservatorship of the child; and
117	117	(ii) the court determines that further
118	118	efforts at reunification with a parent are:
119	119	(a) in the best interest of the child;
120	120	and
121	121	(b) likely to result in the child's
122	122	safe return to the child's parent; and
123	123	(L) whether the department has identified a
124	124	family or other caring adult who has made a permanent commitment to
125	125	the child.
126	126	(b) In addition to the requirements of Subsection (a), at
127	127	each permanency hearing after the court renders a final order, the
128	128	court shall review the department's efforts to ensure the child has
129	129	regular, ongoing opportunities to engage in age-appropriate
130	130	normalcy activities, including activities not listed in the child's
131	131	service plan.
132	132	SECTION 2. Section 263.503, Family Code, is repealed.
133	133	SECTION 3. The changes in law made by this Act apply only to
134	134	a permanency hearing conducted under Chapter 263, Family Code, on
135	135	or after the effective date of this Act. A permanency hearing
136	136	conducted before the effective date of this Act is governed by the
137	137	law in effect on the date the hearing was conducted, and the former
138	138	law is continued in effect for that purpose.
139	139	SECTION 4. This Act takes effect September 1, 2021.