By: Campos H.B. No. 5051
A BILL TO BE ENTITLED
AN ACT
relating to emancipation and extended foster care for certain older
youth and young adults within the jurisdiction of court in a suit
affecting the parent child relationship involving 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:
(1) "Extended foster care" means a residential living
arrangement in which a young adult voluntarily delegates to the
department responsibility for the young adult's placement and care
and in which the young adult resides with a foster parent or other
residential services provider that is:
(A) licensed or approved by the department or
verified by a licensed or certified child-placing agency; and
(B) paid under a contract with the department.
(1-a) Extended foster care does not include hotels or
other unlicensed settings that are used for temporary emergency
care under Section 264.107(g).
(2) "Guardianship services" means the services
provided by the Department of Aging and Disability Services under
Subchapter E, Chapter 161, Human Resources Code.
(3) "Institution" means a residential facility that is
operated, licensed, registered, certified, or verified by a state
agency other than the department. The term includes a residential
service provider under a Medicaid waiver program authorized under
Section 1915(c) of the federal Social Security Act that provides
services at a residence other than the young adult's own home.
(3-a) "Trial independence" means the status assigned
to a young adult under Section 263.6015.
(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. Section 263.602, Family Code, is amended to read
as follows:
(a) Except as provided by Subsection (f), a court that had
jurisdiction over a young adult on the day before the young adult's
18th birthday continues to have extended jurisdiction over the
young adult and shall retain the case on the court's docket while
the young adult is in extended foster care and during trial
independence as described by Section 263.6015.
(b) A court with extended jurisdiction over a young adult in
extended foster care shall conduct extended foster care review
hearings every six months for the purpose of reviewing and making
findings regarding:
(1) whether the young adult's living arrangement is
safe and appropriate and whether the department has made reasonable
efforts to place the young adult in the least restrictive
environment necessary to meet the young adult's needs;
(2) whether the department is making reasonable
efforts to finalize the permanency plan that is in effect for the
young adult, including a permanency plan for independent living;
(3) whether, for a young adult whose permanency plan
is independent living:
(A) the young adult participated in the
development of the plan of service;
(B) the young adult's plan of service reflects
the independent living skills and appropriate services needed to
achieve independence by the projected date; and
(C) the young adult continues to make reasonable
progress in developing the skills needed to achieve independence by
the projected date; and
(4) whether additional services that the department is
authorized to provide are needed to meet the needs of the young
adult.
(c) Not later than the 10th day before the date set for a
hearing under this section, the department shall file with the
court a copy of the young adult's plan of service and a report that
addresses the issues described by Subsection (b).
(d) Notice of an extended foster care review hearing shall
be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
the following persons, each of whom has a right to present evidence
and be heard at the hearing:
(1) the young adult who is the subject of the suit;
(2) the department;
(3) the foster parent with whom the young adult is
placed and the administrator of a child-placing agency responsible
for placing the young adult, if applicable;
(4) the director of the residential child-care
facility or other approved provider with whom the young adult is
placed, if applicable;
(5) each parent of the young adult whose parental
rights have not been terminated and who is still actively involved
in the life of the young adult;
(6) a legal guardian of the young adult, if
applicable; and
(7) the young adult's attorney ad litem, guardian ad
litem, and volunteer advocate, the appointment of which has not
been previously dismissed by the court.
(e) If, after reviewing the young adult's plan of service
and the report filed under Subsection (c), and any additional
testimony and evidence presented at the review hearing, the court
determines that the young adult is entitled to additional services,
the court may order the department to take appropriate action to
ensure that the young adult receives those services.
(e-1) If the department reports that the young adult is not
participating in the young adults' plan of service in developing
the skills needed to achieve independence, the court shall order
the young adult to obtain the experiential life-skill training
described by Sections 264.121(a-1) and (a-2) and other courses or
services identified by the department as part of the young adult's
plan of service.
(f) Unless the court extends its jurisdiction over a young
adult beyond the end of trial independence as provided by Section
263.6021(a) or 263.603(a), the court's extended jurisdiction over a
young adult as described in Subsection (a) terminates on the
earlier of:
(1) the last day of the month in which trial
independence ends; or
(2) the young adult's 21st birthday;
(3) the date the young adult withdraws consent to the
extension of the court's jurisdiction in writing or in court;
(4) the young adult has refused services for a 60-day
period.
(g) A court with extended jurisdiction described by this
section is not required to conduct periodic hearings described in
this section for a young adult during trial independence and may not
compel a young adult who has elected to not enter or has exited
extended foster care to attend a court hearing. A court with
extended jurisdiction during trial independence may, at the request
of a young adult, conduct a hearing described by Subsection (b) or
by Section 263.6021 to review any transitional living services the
young adult is receiving during trial independence.
(h) A court shall not order a young adult in extended foster
care to receive temporary emergency care under Section 264.107(g)
in a hotel or other unlicensed setting.
SECTION 6. Section 263.608, Family Code, is amended as
follows:
(a) A young adult who consents to the continued jurisdiction
of the court has the same rights as any other adult of the same age.
(b) The court is prohibited from extending trial
independence status as described by Section 263.6015(c) or
extending jurisdiction over a young adult as described by Section
263.602 if a young adult objects in court or in writing.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
act takes effect September 1, 2023.