Texas 2025 - 89th Regular

Texas House Bill HB2634 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13590 AMF-F
2	2	By: Campos H.B. No. 2634
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to policies and procedures regarding certain young adults
10	10	in the conservatorship of the Department of Family and Protective
11	11	Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 31, Family Code, is amended by adding
14	14	Section 31.0011 to read as follows:
15	15	Sec. 31.0011. CHILD IN MANAGING CONSERVATORSHIP OF
16	16	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) In this section,
17	17	"department" means the Department of Family and Protective
18	18	Services.
19	19	(b) The department may file a motion to have the
20	20	disabilities of minority removed for a child in the department's
21	21	conservatorship for the limited purposes described by Subsection
22	22	(d) if the child:
23	23	(1) is at least 17 years of age; and
24	24	(2) either:
25	25	(A) has refused services from the department for
26	26	a period of not less than 60 days before the date the department
27	27	files the motion; or
28	28	(B) has been consistently absent from the child's
29	29	placement, including an unlicensed setting for temporary emergency
30	30	care under Section 264.107(g), for a period of not less than 60 days
31	31	before the date the department files the motion.
32	32	(c) A motion under this section must be:
33	33	(1) filed in the court of continuing exclusive
34	34	jurisdiction; and
35	35	(2) supported by a sworn affidavit describing the
36	36	efforts made by the department to:
37	37	(A) engage the child in services; or
38	38	(B) return the child to the possession of the
39	39	department.
40	40	(d) An order removing the disabilities of minority under
41	41	this section is for the limited purpose of implementing a period of
42	42	trial independence under Section 263.6015 and other limited
43	43	purposes ordered by the court.
44	44	SECTION 2. Sections 31.002, 31.003, 31.004, and 31.005,
45	45	Family Code, are amended to read as follows:
46	46	Sec. 31.002. REQUISITES OF PETITION OR MOTION;
47	47	VERIFICATION. (a) The petition or motion for removal of
48	48	disabilities of minority must state:
49	49	(1) the name, age, and place of residence of the minor
50	50	[petitioner];
51	51	(2) the name and place of residence of each living
52	52	parent;
53	53	(3) the name and place of residence of the guardian of
54	54	the person and the guardian of the estate, if any;
55	55	(4) the name and place of residence of the managing
56	56	conservator, if any;
57	57	(5) the reasons why removal would be in the best
58	58	interest of the minor; and
59	59	(6) the purposes for which removal is requested.
60	60	(b) A parent of the petitioner must verify the petition
61	61	under Section 31.001, except that if a managing conservator or
62	62	guardian of the petitioner [person] has been appointed, the
63	63	petition must be verified by that person. If the person who is to
64	64	verify the petition is unavailable or that person's whereabouts are
65	65	unknown, the amicus attorney or attorney ad litem shall verify the
66	66	petition.
67	67	(c) The Department of Family and Protective Services must
68	68	verify the motion under Section 31.0011.
69	69	Sec. 31.003. VENUE. A [The] petitioner shall file the
70	70	petition described by Section 31.001 in the county in which the
71	71	petitioner resides.
72	72	Sec. 31.004. REPRESENTATION OF MINOR [PETITIONER]. The
73	73	court shall appoint an amicus attorney or attorney ad litem to
74	74	represent the interest of the minor [petitioner] at the hearing.
75	75	Sec. 31.005. ORDER. The court by order, or the Texas
76	76	Supreme Court by rule or order, may remove the disabilities of
77	77	minority of a minor, including any restriction imposed by Chapter
78	78	32, if the court or the Texas Supreme Court finds the removal to be
79	79	in the best interest of the minor [petitioner]. The order or rule
80	80	must state the limited or general purposes for which disabilities
81	81	are removed.
82	82	SECTION 3. Section 31.008(a), Family Code, is amended to
83	83	read as follows:
84	84	(a) A party to a suit filed under Section 31.001 [this
85	85	chapter] may waive the issuance or service of citation after the
86	86	suit is filed by filing with the clerk of the court in which the suit
87	87	is filed the waiver of the party acknowledging receipt of a copy of
88	88	the filed petition.
89	89	SECTION 4. Sections 263.601(1) and (4), Family Code, are
90	90	amended to read as follows:
91	91	(1) "Extended foster care":
92	92	(A) means a residential living arrangement in
93	93	which a young adult voluntarily delegates to the department
94	94	responsibility for the young adult's placement and care and in
95	95	which the young adult resides with a foster parent or other
96	96	residential services provider that is:
97	97	(i) [(A)] licensed or approved by the
98	98	department or verified by a licensed or certified child-placing
99	99	agency; and
100	100	(ii) [(B)] paid under a contract with the
101	101	department; and
102	102	(B) does not include a temporary emergency care
103	103	arrangement under Section 264.107(g) in a hotel or other unlicensed
104	104	setting.
105	105	(4) "Young adult" means a person who:
106	106	(A) was in the conservatorship of the department
107	107	on the day before the person's 18th birthday; or
108	108	(B) had the disabilities of minority removed
109	109	under Section 31.0011.
110	110	SECTION 5. Section 263.6015, Family Code, is amended by
111	111	amending Subsections (a), (b), (c), and (e) and adding Subsections
112	112	(b-1), (c-1), and (c-2) to read as follows:
113	113	(a) A young adult is assigned trial independence status when
114	114	the young adult:
115	115	(1) does not enter extended foster care at the time of
116	116	the young adult's 18th birthday; [or]
117	117	(2) exits extended foster care before the young
118	118	adult's 21st birthday; or
119	119	(3) has the disabilities of minority removed under
120	120	Section 31.0011.
121	121	(b) Except as provided by Subsection (c), a court order is
122	122	not required for a young adult to be assigned trial independence
123	123	status. Trial independence for a young adult described by Section
124	124	263.601(4)(A) is mandatory for a period of at least six months
125	125	beginning on:
126	126	(1) the date of the young adult's 18th birthday for a
127	127	young adult described by Subsection (a)(1); or
128	128	(2) the date the young adult exits extended foster
129	129	care.
130	130	(b-1) Notwithstanding Subsection (b), trial independence
131	131	for a young adult described by Section 263.601(4)(B) shall:
132	132	(1) begin on the date the young adult's disabilities of
133	133	minority were removed by court order; and
134	134	(2) end on the later of:
135	135	(A) six months after the date the court orders
136	136	the removal of the disabilities of minority; or
137	137	(B) the young adult's 18th birthday.
138	138	(c) For a young adult described by Section 263.601(4)(A), a
139	139	[A] court may order trial independence status extended for a period
140	140	that exceeds the mandatory period under Subsection (b) but does not
141	141	exceed one year from the date the period under Subsection (b)
142	142	commences.
143	143	(c-1) For a young adult described by Section 263.601(4)(B)
144	144	who is cooperating with the department, a court may order trial
145	145	independence status extended for a period that exceeds the
146	146	mandatory period under Subsection (b-1) but does not exceed one
147	147	year from the date the period under Subsection (b-1) commences.
148	148	(c-2) A court may not extend trial independence status for a
149	149	young adult under Subsection (c) or (c-1) if the young adult objects
150	150	to the extension in writing or in court.
151	151	(e) The trial independence status of a young adult described
152	152	by Section 263.601(4)(A) ends on the young adult's 21st birthday.
153	153	SECTION 6. Section 263.602, Family Code, is amended by
154	154	adding Subsections (e-1) and (h) and amending Subsection (f) to
155	155	read as follows:
156	156	(e-1) If the department reports that the young adult is not
157	157	participating in the young adult's plan of service and developing
158	158	the skills necessary to achieve independence, the court shall order
159	159	the young adult to obtain experiential life-skills training under
160	160	Section 264.121 or through other courses or services identified by
161	161	the department as part of the young adult's plan of service.
162	162	(f) Unless the court extends its jurisdiction over a young
163	163	adult beyond the end of trial independence as provided by Section
164	164	263.6021(a) or 263.603(a), the court's extended jurisdiction over a
165	165	young adult as described in Subsection (a) terminates on the
166	166	earlier of:
167	167	(1) the last day of the month in which trial
168	168	independence ends; [or]
169	169	(2) the young adult's 21st birthday;
170	170	(3) the date the young adult withdraws consent to the
171	171	extension of the court's jurisdiction in writing or in court; or
172	172	(4) the 60th day after the date the young adult refuses
173	173	services.
174	174	(h) A court may not order a young adult in extended foster
175	175	care to be placed in temporary care under Section 264.107(g) in a
176	176	hotel or other unlicensed setting.
177	177	SECTION 7. This Act takes effect September 1, 2025.