By: Campos H.B. No. 4904
A BILL TO BE ENTITLED
AN ACT
relating to the emancipation of certain children in the
conservatorship of the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 31 of the Family Code is amended to add
section 31.0011 to read as follows:
31.0011 REMOVAL OF DISABILITIES OF MINORITY FOR A CHILD IN THE
MANAGING CONSERVATORSHIP OF THE DEPARTMENT
(a) Notwithstanding the requirements of section 31.001, the
Department of Family and Protective Services may file a petition to
have the disabilities of minority removed for a child in its
conservatorship if the child:
(1) is at least 17 years old; and
(2) has refused services from the department for a
sixty-day period prior to the filing of the petition; or
(3) has been consistently absent from the child's
placement, including an unlicensed setting for temporary emergency
care under Section 264.107(g) for a sixty-day period prior to the
filing of the petition.
(b) The petition under this section must be accompanied by
sworn affidavit describing the efforts made by the department to
engage the child in services and return the child to the possession
of the department.
(c) An order removing the disabilities of minority under this
section is for the limited purpose of beginning a period of trial
independence pursuant to section 263.601 and other limited purposes
ordered by the court. An order for the removal of the disabilities
of minority for general purposes must meet the requirements of
section 31.001.
SECTION 2. Section 31.003 of the Family Code is amended to
read as follows:
(a) The petitioner shall file the petition in the county in
which the petitioner resides.
(b) A petition for emancipation of a child in the permanent
managing conservatorship of the department under section 31.0011
shall be filed in the court of continuing exclusive jurisdiction.
SECTION 3. Section 263.601 of the Family Code is amended to
read as follows:
(4) "Young adult" means a person who was in the
conservatorship of the department on the day before the person's
18th birthday or who had the disabilities of minority removed
pursuant to section 31.0011.
SECTION 4. Section 263.6015 of the Family Code is amended to
read as follows:
(a) A young adult is assigned trial independence status when
the young adult:
(1) does not enter extended foster care at the time of
the young adult's 18th birthday or upon having the disabilities of
minority removed pursuant to section 31.011; or
(2) exits extended foster care before the young adult's
21st birthday.
(b) Except as provided by Subsection (c), a court order is
not required for a young adult to be assigned trial independence
status. Trial independence is mandatory for a period of at least
six months beginning on:
(1) the date of the young adult's 18th birthday for a
young adult described by Subsection (a)(1); or
(2) the date the young adult exits extended foster
care.
(b-1) Trial independence for a young adult who had the
disabilities of minority removed pursuant to section 31.0011 is
mandatory for a period beginning on the date the young adult's
disabilities of minority were removed by court order and continue
for a period of six months or until the young adult's 18th birthday,
whichever date is later, unless the young adult is cooperating with
the department and the court orders another six month of trial
independence not to exceed one year as described in subsection(c).
(c) A court may order trial independence status extended for
a period that exceeds the mandatory period under Subsection (b) but
does not exceed one year from the date the period under Subsection
(b) commences.
(d) Except as provided by Subsection (e), a young adult who
enters or reenters extended foster care after a period of trial
independence must complete a new period of trial independence as
provided by Subsection (b)(2).
(e) The trial independence status of a young adult ends on
the young adult's 21st birthday.
SECTION 5. This Act takes effect September 1, 2023.