| 1 | 1 | | 88R11304 MLH-D |
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| 2 | 2 | | By: Campos H.B. No. 2704 |
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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 service plans in a suit affecting the parent-child |
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| 8 | 8 | | relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 263.101, Family Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Except as |
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| 13 | 13 | | provided by Section 262.2015, not later than the 30th [45th] day |
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| 14 | 14 | | after the date the court renders a temporary order appointing the |
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| 15 | 15 | | department as temporary managing conservator of a child under |
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| 16 | 16 | | Chapter 262, the department shall file a service plan. |
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| 17 | 17 | | SECTION 2. Section 263.102, Family Code, is amended by |
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| 18 | 18 | | amending Subsections (a) and (f) and adding Subsection (a-1) to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (a) The service plan must: |
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| 21 | 21 | | (1) be specific; |
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| 22 | 22 | | (2) be in writing in a language that the parents |
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| 23 | 23 | | understand, or made otherwise available; |
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| 24 | 24 | | (3) be prepared by the department in conference with |
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| 25 | 25 | | the child's parents and any legal counsel retained by the child's |
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| 26 | 26 | | parents; |
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| 27 | 27 | | (4) state appropriate deadlines; |
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| 28 | 28 | | (5) specify the primary permanency goal and at least |
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| 29 | 29 | | one alternative permanency goal; |
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| 30 | 30 | | (6) state steps that are necessary to: |
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| 31 | 31 | | (A) return the child to the child's home if the |
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| 32 | 32 | | placement is in foster care; |
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| 33 | 33 | | (B) enable the child to remain in the child's |
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| 34 | 34 | | home with the assistance of a service plan if the placement is in |
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| 35 | 35 | | the home under the department's supervision; or |
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| 36 | 36 | | (C) otherwise provide a permanent safe placement |
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| 37 | 37 | | for the child; |
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| 38 | 38 | | (7) state the actions and responsibilities that are |
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| 39 | 39 | | necessary for the child's parents to take to achieve the plan goal |
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| 40 | 40 | | during the period of the service plan and the assistance to be |
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| 41 | 41 | | provided to the parents by the department or other agency toward |
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| 42 | 42 | | meeting that goal; |
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| 43 | 43 | | (8) state any specific skills or knowledge that the |
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| 44 | 44 | | child's parents must acquire or learn, as well as any behavioral |
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| 45 | 45 | | changes the parents must exhibit, to achieve the plan goal; |
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| 46 | 46 | | (9) state the actions and responsibilities that are |
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| 47 | 47 | | necessary for the child's parents to take to ensure that the child |
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| 48 | 48 | | attends school and maintains or improves the child's academic |
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| 49 | 49 | | compliance; |
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| 50 | 50 | | (10) state the name of the person with the department |
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| 51 | 51 | | whom the child's parents may contact for information relating to |
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| 52 | 52 | | the child if other than the person preparing the plan; and |
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| 53 | 53 | | (11) prescribe any other term or condition that the |
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| 54 | 54 | | department determines to be necessary to the service plan's |
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| 55 | 55 | | success. |
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| 56 | 56 | | (a-1) Any actions, responsibilities, skills, or knowledge |
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| 57 | 57 | | under Subsection (a)(7) or (8) must directly relate to the reason |
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| 58 | 58 | | the child was removed from the child's home. |
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| 59 | 59 | | (f) The department shall consult with relevant |
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| 60 | 60 | | professionals to determine the skills or knowledge that the parents |
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| 61 | 61 | | of a child under two years of age should learn or acquire to provide |
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| 62 | 62 | | a safe placement for the child. The skills or knowledge must |
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| 63 | 63 | | directly relate to the reason the child was removed from the child's |
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| 64 | 64 | | home. The department shall incorporate those skills and abilities |
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| 65 | 65 | | into the department's service plans, as appropriate. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2023. |
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