By: Kolkhorst S.B. No. 1930
A BILL TO BE ENTITLED
AN ACT
relating to policies and procedures regarding children placed by
the Department of Family and Protective Services in a residential
treatment center or qualified residential treatment program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.002, Family Code, is amended by
amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) within a reasonable time after the appointment,
interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including educators, child
welfare service providers, and any foster parent of the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's:
(A) expressed objectives; and
(B) opinion of and concerns regarding the child's
current or proposed placement;
(3) consider the child's expressed objectives without
being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(j) If a child is or may be placed in a residential treatment
center as defined by Section 263.001, a qualified residential
treatment program as defined by Section 263.00201, or a similar
treatment setting, the guardian ad litem:
(1) shall:
(A) review any available information regarding
whether the placement is appropriate to meet the child's specific
needs;
(B) meet in person with the child before
providing a recommendation under Paragraph (C); and
(C) provide to the court by report or testimony a
recommendation regarding the placement that is in the best interest
of the child; and
(2) may, as appropriate:
(A) request a placement conference; and
(B) participate in any conferences conducted by
the Department of Family and Protective Services or the child's
treatment team related to initial and ongoing placement in a
residential treatment center, qualified residential treatment
program, or similar treatment setting unless there is good cause
shown for excluding the guardian ad litem.
SECTION 2. Section 107.004, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) If a child is considered for placement in a residential
treatment center as defined by Section 263.001, a qualified
residential treatment program as defined by Section 263.00201, or a
similar treatment setting, the attorney ad litem:
(1) shall:
(A) review any available information related to
the child's needs, including the child and adolescent needs and
strengths assessment, any psychological evaluations, discharge
notices from current or past placements, recent incident reports,
and counseling notes;
(B) review any available information regarding
whether the placement is appropriate to meet the child's specific
needs;
(C) meet with the child before any hearing to
allow the attorney ad litem to:
(i) prepare for the hearing in accordance
with the child's expressed representation objectives; and
(ii) elicit, in a developmentally
appropriate manner, the child's opinion of and concerns regarding
the child's current or proposed placement;
(D) advise the child in a developmentally
appropriate manner regarding the department's request or
recommendation for placement and the likelihood of the request
being granted; and
(E) advocate to the court for the child's
specific desires regarding the requested placement in accordance
with Subsection (a)(2); and
(2) may, as appropriate:
(A) request a placement conference; and
(B) participate in any conferences conducted by
the Department of Family and Protective Services or the child's
treatment team related to initial and ongoing placement in a
residential treatment center, qualified residential treatment
program, or similar treatment setting.
SECTION 3. Section 107.0131(a), Family Code, is amended to
read as follows:
(a) An attorney ad litem appointed under Section 107.013 to
represent the interests of a parent:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas
Disciplinary Rules of Professional Conduct, and within a reasonable
time after the appointment, interview:
(i) the parent, unless the parent's
location is unknown;
(ii) each person who has significant
knowledge of the case; and
(iii) the parties to the suit;
(B) investigate the facts of the case;
(C) to ensure competent representation at
hearings, mediations, pretrial matters, and the trial on the
merits:
(i) obtain and review copies of all court
files in the suit during the attorney ad litem's course of
representation; and
(ii) when necessary, conduct formal
discovery under the Texas Rules of Civil Procedure or the discovery
control plan;
(D) take any action consistent with the parent's
interests that the attorney ad litem considers necessary to
expedite the proceedings;
(E) encourage settlement and the use of
alternative forms of dispute resolution;
(F) review and sign, or decline to sign, a
proposed or agreed order affecting the parent;
(G) meet before each court hearing with the
parent, unless the court:
(i) finds at that hearing that the attorney
ad litem has shown good cause why the attorney ad litem's compliance
is not feasible; or
(ii) on a showing of good cause, authorizes
the attorney ad litem to comply by conferring with the parent, as
appropriate, by telephone or video conference;
(H) abide by the parent's objectives for
representation;
(I) become familiar with the American Bar
Association's standards of practice for attorneys who represent
parents in abuse and neglect cases; and
(J) complete at least three hours of continuing
legal education relating to representing parents in child
protection cases as described by Subsection (b) as soon as
practicable after the attorney ad litem is appointed, unless the
court finds that the attorney ad litem has experience equivalent to
that education; and
(2) is entitled to:
(A) request clarification from the court if the
role of the attorney ad litem is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview
of the parent by another attorney;
(D) receive a copy of each pleading or other
paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing conducted by
the Department of Family and Protective Services in which the
parent is invited to participate, including, as appropriate, a case
staffing to develop a family plan of service, a family group
conference, a permanency conference, a mediation, a case staffing
to plan for the discharge and return of the child to the parent, a
case staffing related to a placement in a residential treatment
center or qualified residential treatment program, and any other
case staffing that the department determines would be appropriate
for the parent to attend, but excluding any internal department
staffing or staffing between the department and the department's
legal representative; and
(G) attend all legal proceedings in the suit.
SECTION 4. Section 263.001(a), Family Code, is amended by
adding Subdivision (3-c) to read as follows:
(3-c) "Residential treatment center" means a general
residential operation licensed under Chapter 42, Human Resources
Code, that provides treatment services.
SECTION 5. Section 263.002, Family Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) If a child is placed or is referred to and awaiting
placement in a residential treatment center, the court shall
determine whether:
(1) the child's needs can be met through placement in a
family-like setting;
(2) the recommended or existing program can provide
the most effective and appropriate level of care for the child;
(3) the recommended or existing program is the least
restrictive setting consistent with the child's best interest and
individual needs; and
(4) the placement is consistent with the short-term
and long-term goals for the child, as specified by the child's
permanency plan.
(f) In making a determination under Subsection (e), the
court may consider:
(1) medical, psychological, or psychiatric
assessments;
(2) the child's current treatment plan and progress
being made;
(3) any significant medical, legal, or behavioral
incidents involving the child;
(4) the reasons for the child's discharge from any
previous placement or the child's current placement;
(5) the programs available at the facility to address
the child's needs;
(6) the program's plan to discharge the child after
treatment;
(7) whether there are other programs that more
effectively meet the child's needs; and
(8) any other information that would assist the court
in making the determination.
SECTION 6. Section 263.202(b), Family Code, is amended to
read as follows:
(b) Except as otherwise provided by this subchapter, a
status hearing shall be limited to matters related to the contents
and execution of the service plan filed with the court. The court
shall review the service plan that the department filed under this
chapter for reasonableness, accuracy, and compliance with
requirements of court orders and make findings as to whether:
(1) a plan that has the goal of returning the child to
the child's parents adequately ensures that reasonable efforts are
made to enable the child's parents to provide a safe environment for
the child;
(2) the child's parents have reviewed and understand
the plan and have been advised that unless the parents are willing
and able to provide the child with a safe environment, even with the
assistance of a service plan, within the reasonable period of time
specified in the plan, the parents' parental and custodial duties
and rights may be subject to restriction or to termination under
this code or the child may not be returned to the parents;
(3) the plan is narrowly tailored to address any
specific issues identified by the department; [and]
(4) the child's parents and the representative of the
department have signed the plan;
(5) based on the court's determination under Section
263.002, continued placement is appropriate if the child is placed
in a residential treatment center; and
(6) based on the court's determination under Section
263.00201, continued placement is appropriate if the child is
placed in a qualified residential treatment program.
SECTION 7. Section 263.306(a-1), Family Code, is amended to
read as follows:
(a-1) At each permanency hearing before a final order is
rendered, the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in:
(A) locating and requesting service of citation
on all persons entitled to service of citation under Section
102.009; and
(B) obtaining the assistance of a parent in
providing information necessary to locate an absent parent, alleged
father, relative of the child, or other adult identified by the
child as a potential relative or designated caregiver;
(3) ask all parties present whether the child or the
child's family has a Native American heritage and identify any
Native American tribe with which the child may be associated;
(4) review the extent of the parties' compliance with
temporary orders and the service plan and the extent to which
progress has been made toward alleviating or mitigating the causes
necessitating the placement of the child in foster care;
(5) review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) the continuing necessity and appropriateness
of the placement of the child, including with respect to a child who
has been placed outside of this state, whether the placement
continues to be in the best interest of the child;
(C) the appropriateness of the primary and
alternative permanency goals for the child developed in accordance
with department rule and whether the department has made reasonable
efforts to finalize the permanency plan, including the concurrent
permanency goals, in effect for the child;
(D) whether the child has been provided the
opportunity, in a developmentally appropriate manner, to express
the child's opinion on any medical care provided;
(E) whether the child has been provided the
opportunity, in a developmentally appropriate manner, to identify
any adults, particularly an adult residing in the child's
community, who could be a relative or designated caregiver for the
child;
(F) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(G) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there have been major
changes in the child's school performance or there have been
serious disciplinary events;
(H) for a child 14 years of age or older, whether
services that are needed to assist the child in transitioning from
substitute care to independent living are available in the child's
community; [and]
(I) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child;
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(iii) whether the department has conducted
an independent living skills assessment under Section
264.121(a-3);
(iv) whether the department has addressed
the goals identified in the child's permanency plan, including the
child's housing plan, and the results of the independent living
skills assessment;
(v) if the youth is 16 years of age or
older, whether there is evidence that the department has provided
the youth with the documents and information listed in Section
264.121(e); and
(vi) if the youth is 18 years of age or
older or has had the disabilities of minority removed, whether
there is evidence that the department has provided the youth with
the documents and information listed in Section 264.121(e-1);
(J) based on the court's determination under
Section 263.002, whether continued placement is appropriate if the
child is placed in a residential treatment center; and
(K) based on the court's determination under
Section 263.00201, whether continued placement is appropriate if
the child is placed in a qualified residential treatment program;
(6) determine whether to return the child to the
child's parents if the child's parents are willing and able to
provide the child with a safe environment and the return of the
child is in the child's best interest;
(7) estimate a likely date by which the child may be
returned to and safely maintained in the child's home, placed for
adoption, or placed in permanent managing conservatorship; and
(8) announce in open court the dismissal date and the
date of any upcoming hearings.
SECTION 8. Section 263.5031(a), Family Code, is amended to
read as follows:
(a) At each permanency hearing after the court renders a
final order, the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in notifying persons entitled to notice under Section
263.0021;
(3) for a child placed with a relative of the child or
other designated caregiver, review the efforts of the department to
inform the caregiver of:
(A) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(B) the permanency care assistance program under
Subchapter K, Chapter 264; and
(4) review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) whether the child has been provided the
opportunity, in a developmentally appropriate manner, to identify
any adult, particularly an adult residing in the child's community,
who could be a relative or designated caregiver for the child;
(C) whether the department placed the child with
a relative or designated caregiver and the continuing necessity and
appropriateness of the placement of the child, including with
respect to a child who has been placed outside of this state,
whether the placement continues to be in the best interest of the
child;
(D) if the child is placed in institutional care,
whether efforts have been made to ensure that the child is placed in
the least restrictive environment consistent with the child's best
interest and special needs;
(E) the appropriateness of the primary and
alternative permanency goals for the child, whether the department
has made reasonable efforts to finalize the permanency plan,
including the concurrent permanency goals, in effect for the child,
and whether:
(i) the department has exercised due
diligence in attempting to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption; or
(ii) another permanent placement,
including appointing a relative as permanent managing conservator
or returning the child to a parent, is appropriate for the child;
(F) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child;
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(iii) whether the department has conducted
an independent living skills assessment under Section
264.121(a-3);
(iv) whether the department has addressed
the goals identified in the child's permanency plan, including the
child's housing plan, and the results of the independent living
skills assessment;
(v) if the youth is 16 years of age or
older, whether there is evidence that the department has provided
the youth with the documents and information listed in Section
264.121(e); and
(vi) if the youth is 18 years of age or
older or has had the disabilities of minority removed, whether
there is evidence that the department has provided the youth with
the documents and information listed in Section 264.121(e-1);
(G) if the child is 14 years of age or older,
whether services that are needed to assist the child in
transitioning from substitute care to independent living are
available in the child's community;
(H) whether the child is receiving appropriate
medical care and has been provided the opportunity, in a
developmentally appropriate manner, to express the child's opinion
on any medical care provided;
(I) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(J) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there are major changes in
the child's school performance or there have been serious
disciplinary events;
(K) for a child for whom the department has been
named managing conservator in a final order that does not include
termination of parental rights, whether to order the department to
provide services to a parent for not more than six months after the
date of the permanency hearing if:
(i) the child has not been placed with a
relative or other individual, including a foster parent, who is
seeking permanent managing conservatorship of the child; and
(ii) the court determines that further
efforts at reunification with a parent are:
(a) in the best interest of the child;
and
(b) likely to result in the child's
safe return to the child's parent; [and]
(L) whether the department has identified a
family or other caring adult who has made a permanent commitment to
the child;
(M) based on the court's determination under
Section 263.002, whether continued placement is appropriate if the
child is placed in a residential treatment center; and
(N) based on the court's determination under
Section 263.00201, whether continued placement is appropriate if
the child is placed in a qualified residential treatment program.
SECTION 9. Section 264.018(a)(5), Family Code, is amended
to read as follows:
(5) "Significant event" means:
(A) a placement change, including failure by the
department to locate an appropriate placement for at least one
night;
(B) a significant change in medical condition;
(C) an initial prescription of a psychotropic
medication or a change in dosage of a psychotropic medication;
(D) a major change in school performance or a
serious disciplinary event at school;
(E) a placement in a qualified residential
treatment program as that term is defined by 42 U.S.C. Section
672(k)(4) or placement in a residential treatment center as defined
by Section 263.001, including meetings or conferences to determine
the appropriateness of such a placement; or
(F) any event determined to be significant under
department rule.
SECTION 10. This Act takes effect September 1, 2023.