88R12580 MLH-F
By: Campos H.B. No. 3238
A BILL TO BE ENTITLED
AN ACT
relating to a family service plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.102, Family Code, is amended by
adding Subsections (g), (h), (i), (j), and (k) to read as follows:
(g) In preparing a service plan, the department shall make
reasonable accommodations for a parent with a disability as
required by the Americans with Disabilities Act (42 U.S.C. Section
12101 et seq.).
(h) Services ordered in the service plan must be narrowly
tailored to address the reason for the child's removal.
(i) If the court finds under Section 262.201 that a parent,
managing conservator, possessory conservator, guardian, caretaker,
or custodian entitled to possession did not cause the immediate
danger to the physical health or safety of the child or was not the
perpetrator of the neglect or abuse alleged in the suit, the court
may not require that parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian entitled to
possession to participate in services ordered in the service plan.
(j) A person receiving services under a service plan may
obtain those services from a qualified provider selected by the
person if:
(1) the selected provider is qualified or licensed to
provide the services ordered under the service plan;
(2) the services provided by the selected provider:
(A) meet the scope and duration of the services
ordered under the service plan; and
(B) achieve the stated goals of the service plan;
and
(3) the person selecting the provider pays for the
services.
(k) A person receiving services from a service provider
selected under Subsection (j) who successfully completes the
services must obtain written verification from the service provider
of that completion. The department shall accept the service
provider's verification as proof that the person has successfully
completed the services ordered under the service plan.
SECTION 2. The change in law made by this Act applies only
to a service plan that is created on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.