| 1 | 1 | | 88R12580 MLH-F |
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| 2 | 2 | | By: Campos H.B. No. 3238 |
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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 a family service plan. |
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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 263.102, Family Code, is amended by |
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| 10 | 10 | | adding Subsections (g), (h), (i), (j), and (k) to read as follows: |
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| 11 | 11 | | (g) In preparing a service plan, the department shall make |
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| 12 | 12 | | reasonable accommodations for a parent with a disability as |
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| 13 | 13 | | required by the Americans with Disabilities Act (42 U.S.C. Section |
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| 14 | 14 | | 12101 et seq.). |
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| 15 | 15 | | (h) Services ordered in the service plan must be narrowly |
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| 16 | 16 | | tailored to address the reason for the child's removal. |
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| 17 | 17 | | (i) If the court finds under Section 262.201 that a parent, |
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| 18 | 18 | | managing conservator, possessory conservator, guardian, caretaker, |
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| 19 | 19 | | or custodian entitled to possession did not cause the immediate |
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| 20 | 20 | | danger to the physical health or safety of the child or was not the |
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| 21 | 21 | | perpetrator of the neglect or abuse alleged in the suit, the court |
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| 22 | 22 | | may not require that parent, managing conservator, possessory |
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| 23 | 23 | | conservator, guardian, caretaker, or custodian entitled to |
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| 24 | 24 | | possession to participate in services ordered in the service plan. |
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| 25 | 25 | | (j) A person receiving services under a service plan may |
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| 26 | 26 | | obtain those services from a qualified provider selected by the |
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| 27 | 27 | | person if: |
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| 28 | 28 | | (1) the selected provider is qualified or licensed to |
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| 29 | 29 | | provide the services ordered under the service plan; |
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| 30 | 30 | | (2) the services provided by the selected provider: |
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| 31 | 31 | | (A) meet the scope and duration of the services |
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| 32 | 32 | | ordered under the service plan; and |
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| 33 | 33 | | (B) achieve the stated goals of the service plan; |
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| 34 | 34 | | and |
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| 35 | 35 | | (3) the person selecting the provider pays for the |
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| 36 | 36 | | services. |
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| 37 | 37 | | (k) A person receiving services from a service provider |
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| 38 | 38 | | selected under Subsection (j) who successfully completes the |
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| 39 | 39 | | services must obtain written verification from the service provider |
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| 40 | 40 | | of that completion. The department shall accept the service |
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| 41 | 41 | | provider's verification as proof that the person has successfully |
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| 42 | 42 | | completed the services ordered under the service plan. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to a service plan that is created on or after the effective date of |
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| 45 | 45 | | this Act. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
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