Texas 2025 - 89th Regular

Texas House Bill HB2864 Compare Versions

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

Old	New	Differences
1	1	89R3745 MM-D
2	2	By: Noble H.B. No. 2864
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to applying an active efforts standard for the removal of
10	10	certain children in the managing conservatorship of the Department
11	11	of Family and Protective Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 161.001(a), (b), (f), and (g), Family
14	14	Code, are amended to read as follows:
15	15	(a) In this section:
16	16	(1) "Active efforts" has the meaning described by
17	17	Section 262.0001.
18	18	(2) "Born[, "born] addicted to alcohol or a controlled
19	19	substance" means a child:
20	20	(A) [(1)] who is born to a mother who during the
21	21	pregnancy used a controlled substance, as defined by Chapter 481,
22	22	Health and Safety Code, other than a controlled substance legally
23	23	obtained by prescription, or alcohol; and
24	24	(B) [(2)] who, after birth as a result of the
25	25	mother's use of the controlled substance or alcohol:
26	26	(i) [(A)] experiences observable
27	27	withdrawal from the alcohol or controlled substance;
28	28	(ii) [(B)] exhibits observable or harmful
29	29	effects in the child's physical appearance or functioning; or
30	30	(iii) [(C)] exhibits the demonstrable
31	31	presence of alcohol or a controlled substance in the child's bodily
32	32	fluids.
33	33	(b) The court may order termination of the parent-child
34	34	relationship if the court finds by clear and convincing evidence:
35	35	(1) that the parent has:
36	36	(A) voluntarily left the child alone or in the
37	37	possession of another not the parent and expressed an intent not to
38	38	return;
39	39	(B) voluntarily left the child alone or in the
40	40	possession of another not the parent without expressing an intent
41	41	to return, without providing for the adequate support of the child,
42	42	and remained away for a period of at least three months;
43	43	(C) voluntarily left the child alone or in the
44	44	possession of another without providing adequate support of the
45	45	child and remained away for a period of at least six months;
46	46	(D) knowingly placed or knowingly allowed the
47	47	child to remain in conditions or surroundings which endanger the
48	48	physical or emotional well-being of the child;
49	49	(E) engaged in conduct or knowingly placed the
50	50	child with persons who engaged in conduct which endangers the
51	51	physical or emotional well-being of the child;
52	52	(F) failed to support the child in accordance
53	53	with the parent's ability during a period of one year ending within
54	54	six months of the date of the filing of the petition;
55	55	(G) abandoned the child without identifying the
56	56	child or furnishing means of identification, and the child's
57	57	identity cannot be ascertained by the exercise of reasonable
58	58	diligence;
59	59	(H) voluntarily, and with knowledge of the
60	60	pregnancy, abandoned the mother of the child beginning at a time
61	61	during her pregnancy with the child and continuing through the
62	62	birth, failed to provide adequate support or medical care for the
63	63	mother during the period of abandonment before the birth of the
64	64	child, and remained apart from the child or failed to support the
65	65	child since the birth;
66	66	(I) contumaciously refused to submit to a
67	67	reasonable and lawful order of a court under Subchapter D, Chapter
68	68	261;
69	69	(J) been the major cause of:
70	70	(i) the failure of the child to be enrolled
71	71	in school as required by the Education Code; or
72	72	(ii) the child's absence from the child's
73	73	home without the consent of the parents or guardian for a
74	74	substantial length of time or without the intent to return;
75	75	(K) executed before or after the suit is filed an
76	76	unrevoked or irrevocable affidavit of relinquishment of parental
77	77	rights as provided by this chapter;
78	78	(L) been convicted or has been placed on
79	79	community supervision, including deferred adjudication community
80	80	supervision, for being criminally responsible for the death or
81	81	serious injury of a child under the following sections of the Penal
82	82	Code, or under a law of another jurisdiction that contains elements
83	83	that are substantially similar to the elements of an offense under
84	84	one of the following Penal Code sections, or adjudicated under
85	85	Title 3 for conduct that caused the death or serious injury of a
86	86	child and that would constitute a violation of one of the following
87	87	Penal Code sections:
88	88	(i) Section 19.02 (murder);
89	89	(ii) Section 19.03 (capital murder);
90	90	(iii) Section 19.04 (manslaughter);
91	91	(iv) Section 21.11 (indecency with a
92	92	child);
93	93	(v) Section 22.01 (assault);
94	94	(vi) Section 22.011 (sexual assault);
95	95	(vii) Section 22.02 (aggravated assault);
96	96	(viii) Section 22.021 (aggravated sexual
97	97	assault);
98	98	(ix) Section 22.04 (injury to a child,
99	99	elderly individual, or disabled individual);
100	100	(x) Section 22.041 (abandoning or
101	101	endangering a child, elderly individual, or disabled individual);
102	102	(xi) Section 25.02 (prohibited sexual
103	103	conduct);
104	104	(xii) Section 43.25 (sexual performance by
105	105	a child);
106	106	(xiii) Section 43.26 (possession or
107	107	promotion of child pornography);
108	108	(xiv) Section 21.02 (continuous sexual
109	109	abuse of young child or disabled individual);
110	110	(xv) Section 20A.02(a)(7) or (8)
111	111	(trafficking of persons); and
112	112	(xvi) Section 43.05(a)(2) (compelling
113	113	prostitution);
114	114	(M) had his or her parent-child relationship
115	115	terminated with respect to another child based on a finding that the
116	116	parent's conduct was in violation of Paragraph (D) or (E) or
117	117	substantially equivalent provisions of the law of another state;
118	118	(N) constructively abandoned the child who has
119	119	been in the permanent or temporary managing conservatorship of the
120	120	Department of Family and Protective Services for not less than six
121	121	months, and:
122	122	(i) the department has made active
123	123	[reasonable] efforts to return the child to the parent;
124	124	(ii) the parent has not regularly visited
125	125	or maintained significant contact with the child; and
126	126	(iii) the parent has demonstrated an
127	127	inability to provide the child with a safe environment;
128	128	(O) failed to comply with the provisions of a
129	129	court order that specifically established the actions necessary for
130	130	the parent to obtain the return of the child who has been in the
131	131	permanent or temporary managing conservatorship of the Department
132	132	of Family and Protective Services for not less than nine months as a
133	133	result of the child's removal from the parent under Chapter 262 for
134	134	the abuse or neglect of the child;
135	135	(P) used a controlled substance, as defined by
136	136	Chapter 481, Health and Safety Code, in a manner that endangered the
137	137	health or safety of the child, and:
138	138	(i) failed to complete a court-ordered
139	139	substance abuse treatment program; or
140	140	(ii) after completion of a court-ordered
141	141	substance abuse treatment program, continued to abuse a controlled
142	142	substance;
143	143	(Q) knowingly engaged in criminal conduct that
144	144	has resulted in the parent's:
145	145	(i) conviction of an offense; and
146	146	(ii) confinement or imprisonment and
147	147	inability to care for the child for not less than two years from the
148	148	date of filing the petition;
149	149	(R) been the cause of the child being born
150	150	addicted to alcohol or a controlled substance, other than a
151	151	controlled substance legally obtained by prescription;
152	152	(S) voluntarily delivered the child to a
153	153	designated emergency infant care provider under Section 262.302
154	154	without expressing an intent to return for the child;
155	155	(T) been convicted of:
156	156	(i) the murder of the other parent of the
157	157	child under Section 19.02 or 19.03, Penal Code, or under a law of
158	158	another state, federal law, the law of a foreign country, or the
159	159	Uniform Code of Military Justice that contains elements that are
160	160	substantially similar to the elements of an offense under Section
161	161	19.02 or 19.03, Penal Code;
162	162	(ii) criminal attempt under Section 15.01,
163	163	Penal Code, or under a law of another state, federal law, the law of
164	164	a foreign country, or the Uniform Code of Military Justice that
165	165	contains elements that are substantially similar to the elements of
166	166	an offense under Section 15.01, Penal Code, to commit the offense
167	167	described by Subparagraph (i);
168	168	(iii) criminal solicitation under Section
169	169	15.03, Penal Code, or under a law of another state, federal law, the
170	170	law of a foreign country, or the Uniform Code of Military Justice
171	171	that contains elements that are substantially similar to the
172	172	elements of an offense under Section 15.03, Penal Code, of the
173	173	offense described by Subparagraph (i); or
174	174	(iv) the sexual assault of the other parent
175	175	of the child under Section 22.011 or 22.021, Penal Code, or under a
176	176	law of another state, federal law, or the Uniform Code of Military
177	177	Justice that contains elements that are substantially similar to
178	178	the elements of an offense under Section 22.011 or 22.021, Penal
179	179	Code;
180	180	(U) been placed on community supervision,
181	181	including deferred adjudication community supervision, or another
182	182	functionally equivalent form of community supervision or
183	183	probation, for being criminally responsible for the sexual assault
184	184	of the other parent of the child under Section 22.011 or 22.021,
185	185	Penal Code, or under a law of another state, federal law, or the
186	186	Uniform Code of Military Justice that contains elements that are
187	187	substantially similar to the elements of an offense under Section
188	188	22.011 or 22.021, Penal Code; or
189	189	(V) been convicted of:
190	190	(i) criminal solicitation of a minor under
191	191	Section 15.031, Penal Code, or under a law of another state, federal
192	192	law, the law of a foreign country, or the Uniform Code of Military
193	193	Justice that contains elements that are substantially similar to
194	194	the elements of an offense under Section 15.031, Penal Code; or
195	195	(ii) online solicitation of a minor under
196	196	Section 33.021, Penal Code, or under a law of another state, federal
197	197	law, the law of a foreign country, or the Uniform Code of Military
198	198	Justice that contains elements that are substantially similar to
199	199	the elements of an offense under Section 33.021, Penal Code; and
200	200	(2) that termination is in the best interest of the
201	201	child.
202	202	(f) In a suit for termination of the parent-child
203	203	relationship filed by the Department of Family and Protective
204	204	Services, the court may not order termination of the parent-child
205	205	relationship under Subsection (b)(1) unless the court finds by
206	206	clear and convincing evidence and describes in writing with
207	207	specificity in a separate section of the order that:
208	208	(1) the department made active [reasonable] efforts to
209	209	return the child to the parent before commencement of a trial on the
210	210	merits and despite those active [reasonable] efforts, a continuing
211	211	danger remains in the home that prevents the return of the child to
212	212	the parent; or
213	213	(2) active [reasonable] efforts to return the child to
214	214	the parent, including the requirement for the department to provide
215	215	a family service plan to the parent, have been waived under Section
216	216	262.2015.
217	217	(g) In a suit for termination of the parent-child
218	218	relationship filed by the Department of Family and Protective
219	219	Services in which the department made active [reasonable] efforts
220	220	to return the child to the child's home but a continuing danger in
221	221	the home prevented the child's return, the court shall include in a
222	222	separate section of its order written findings describing with
223	223	specificity the active [reasonable] efforts the department made to
224	224	return the child to the child's home.
225	225	SECTION 2. Section 161.003, Family Code, is amended by
226	226	amending Subsection (a) and adding Subsection (a-1) to read as
227	227	follows:
228	228	(a) The court may order termination of the parent-child
229	229	relationship in a suit filed by the Department of Family and
230	230	Protective Services if the court finds that:
231	231	(1) the parent has a mental or emotional illness or a
232	232	mental deficiency that renders the parent unable to provide for the
233	233	physical, emotional, and mental needs of the child;
234	234	(2) the illness or deficiency, in all reasonable
235	235	probability, proved by clear and convincing evidence, will continue
236	236	to render the parent unable to provide for the child's needs until
237	237	the 18th birthday of the child;
238	238	(3) the department has been the temporary or sole
239	239	managing conservator of the child of the parent for at least six
240	240	months preceding the date of the hearing on the termination held in
241	241	accordance with Subsection (c);
242	242	(4) the department has made active [reasonable]
243	243	efforts to return the child to the parent; and
244	244	(5) the termination is in the best interest of the
245	245	child.
246	246	(a-1) In this section, "active efforts" has the meaning
247	247	described by Section 262.0001.
248	248	SECTION 3. Subchapter A, Chapter 262, Family Code, is
249	249	amended by adding Section 262.0001 to read as follows:
250	250	Sec. 262.0001. DEFINITION; ACTIVE EFFORTS. (a) In this
251	251	chapter, "active efforts" means affirmative, active, thorough, and
252	252	timely efforts intended primarily to maintain or reunite a child
253	253	with the child's family.
254	254	(b) In cases in which the Department of Family and
255	255	Protective Services is involved in a suit affecting the
256	256	parent-child relationship, the department's active efforts must
257	257	involve assisting the parents through the steps of a case plan and
258	258	with accessing or developing the resources necessary to satisfy the
259	259	case plan. The department must tailor the active efforts to the
260	260	facts and circumstances of each case, including by:
261	261	(1) conducting a comprehensive assessment of the
262	262	circumstances of the child's family, with a focus on safe
263	263	reunification as the most desirable goal;
264	264	(2) identifying appropriate services and helping the
265	265	parents to overcome barriers, including actively assisting the
266	266	parents in obtaining such services;
267	267	(3) conducting or causing to be conducted a diligent
268	268	search for the child's extended family members, and contacting and
269	269	consulting with extended family members to provide family structure
270	270	and support for the child and the child's parents;
271	271	(4) taking steps to keep siblings together whenever
272	272	possible;
273	273	(5) supporting regular visits with parents in the most
274	274	natural setting possible as well as trial home visits of the child
275	275	during any period of removal, consistent with the need to ensure the
276	276	health, safety, and welfare of the child;
277	277	(6) identifying community resources including
278	278	housing, financial, transportation, mental health, substance
279	279	abuse, and peer support services and actively assisting the child's
280	280	parents or, when appropriate, the child's family, in using and
281	281	accessing those resources;
282	282	(7) monitoring progress and participation in
283	283	services;
284	284	(8) considering alternative ways to address the needs
285	285	of the child's parents and, where appropriate, the family, if the
286	286	optimum services do not exist or are not available; and
287	287	(9) providing post-reunification services and
288	288	monitoring.
289	289	SECTION 4. Section 262.001(b), Family Code, is amended to
290	290	read as follows:
291	291	(b) In determining the active [reasonable] efforts that are
292	292	required to be made with respect to preventing or eliminating the
293	293	need to remove a child from the child's home or to make it possible
294	294	to return a child to the child's home, the child's health and safety
295	295	is the paramount concern.
296	296	SECTION 5. Section 262.101(a), Family Code, is amended to
297	297	read as follows:
298	298	(a) An original suit filed by a governmental entity that
299	299	requests permission to take possession of a child without prior
300	300	notice and a hearing must be supported by an affidavit sworn to by a
301	301	person with personal knowledge and stating facts sufficient to
302	302	satisfy a person of ordinary prudence and caution that:
303	303	(1) there is an immediate danger to the physical
304	304	health or safety of the child or the child has been a victim of
305	305	neglect or sexual abuse;
306	306	(2) continuation in the home would be contrary to the
307	307	child's welfare;
308	308	(3) there is no time, consistent with the physical
309	309	health or safety of the child, for a full adversary hearing under
310	310	Subchapter C;
311	311	(4) the child would not be adequately protected in the
312	312	child's home with an order for the removal of the alleged
313	313	perpetrator under Section 262.1015 or 262.1016 or a protective
314	314	order issued under Title 4;
315	315	(5) placing the child with a relative or designated
316	316	caregiver or with a caregiver under a parental child safety
317	317	placement agreement authorized by Subchapter L, Chapter 264:
318	318	(A) was offered but refused;
319	319	(B) was not possible because there was no time,
320	320	consistent with the physical health or safety of the child and the
321	321	nature of the emergency, to conduct the caregiver evaluation; or
322	322	(C) would pose an immediate danger to the
323	323	physical health or safety of the child; and
324	324	(6) active [reasonable] efforts, consistent with the
325	325	circumstances and providing for the safety of the child, were made
326	326	to prevent or eliminate the need for the removal of the child.
327	327	SECTION 6. Section 262.101(b), Family Code, as amended by
328	328	Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th
329	329	Legislature, Regular Session, 2023, is reenacted and amended to
330	330	read as follows:
331	331	(b) The affidavit required by Subsection (a) must describe
332	332	with specificity in a separate section all active [reasonable]
333	333	efforts, consistent with the circumstances and providing for the
334	334	safety of the child, that were made to prevent or eliminate the need
335	335	for the removal of the child.
336	336	SECTION 7. Sections 262.102(a) and (e), Family Code, are
337	337	amended to read as follows:
338	338	(a) Before a court may, without prior notice and a hearing,
339	339	issue a temporary order for the conservatorship of a child under
340	340	Section 105.001(a)(1) or a temporary restraining order or
341	341	attachment of a child authorizing a governmental entity to take
342	342	possession of a child in a suit brought by a governmental entity,
343	343	the court must find that:
344	344	(1) there is an immediate danger to the physical
345	345	health or safety of the child or the child has been a victim of
346	346	neglect or sexual abuse;
347	347	(2) continuation in the home would be contrary to the
348	348	child's welfare;
349	349	(3) there is no time, consistent with the physical
350	350	health or safety of the child and the nature of the emergency, for a
351	351	full adversary hearing under Subchapter C;
352	352	(4) the child would not be adequately protected in the
353	353	child's home with an order for the removal of the alleged
354	354	perpetrator under Section 262.1015 or 262.1016 or a protective
355	355	order issued under Title 4;
356	356	(5) placing the child with a relative or designated
357	357	caregiver or with a caregiver under a parental child safety
358	358	placement agreement authorized by Subchapter L, Chapter 264:
359	359	(A) was offered but refused;
360	360	(B) was not possible because there was no time,
361	361	consistent with the physical health or safety of the child and the
362	362	nature of the emergency, to conduct the caregiver evaluation; or
363	363	(C) would pose an immediate danger to the
364	364	physical health or safety of the child; and
365	365	(6) active [reasonable] efforts, consistent with the
366	366	circumstances and providing for the safety of the child, were made
367	367	to prevent or eliminate the need for removal of the child.
368	368	(e) The temporary order, temporary restraining order, or
369	369	attachment of a child rendered by the court under Subsection (a)
370	370	must describe with specificity in a separate section the active
371	371	[reasonable] efforts, consistent with the circumstances and
372	372	providing for the safety of the child, that were made to prevent or
373	373	eliminate the need for the removal of the child as required by
374	374	Subsection (a)(4).
375	375	SECTION 8. Section 262.105(b), Family Code, is amended to
376	376	read as follows:
377	377	(b) An original suit filed by a governmental entity after
378	378	taking possession of a child under Section 262.104 must be
379	379	supported by an affidavit stating facts sufficient to satisfy a
380	380	person of ordinary prudence and caution that:
381	381	(1) based on the affiant's personal knowledge or on
382	382	information furnished by another person corroborated by the
383	383	affiant's personal knowledge, one of the following circumstances
384	384	existed at the time the child was taken into possession:
385	385	(A) there was an immediate danger to the physical
386	386	health or safety of the child;
387	387	(B) the child was the victim of sexual abuse or of
388	388	trafficking under Section 20A.02 or 20A.03, Penal Code;
389	389	(C) the parent or person who had possession of
390	390	the child was using a controlled substance as defined by Chapter
391	391	481, Health and Safety Code, and the use constituted an immediate
392	392	danger to the physical health or safety of the child; or
393	393	(D) the parent or person who had possession of
394	394	the child permitted the child to remain on premises used for the
395	395	manufacture of methamphetamine; and
396	396	(2) based on the affiant's personal knowledge:
397	397	(A) continuation of the child in the home would
398	398	have been contrary to the child's welfare;
399	399	(B) there was no time, consistent with the
400	400	physical health or safety of the child, for a full adversary hearing
401	401	under Subchapter C;
402	402	(C) the child would not be adequately protected
403	403	in the child's home with an order for the removal of the alleged
404	404	perpetrator under Section 262.1015 or 262.1016 or a protective
405	405	order issued under Title 4;
406	406	(D) placing the child with a relative or
407	407	designated caregiver or with a caregiver under a parental child
408	408	safety placement agreement authorized by Subchapter L, Chapter 264:
409	409	(i) was offered but refused;
410	410	(ii) was not possible because there was no
411	411	time, consistent with the physical health or safety of the child and
412	412	the nature of the emergency, to conduct the caregiver evaluation;
413	413	or
414	414	(iii) would pose an immediate danger to the
415	415	physical health or safety of the child; and
416	416	(E) active [reasonable] efforts, consistent with
417	417	the circumstances and providing for the safety of the child, were
418	418	made to prevent or eliminate the need for the removal of the child.
419	419	SECTION 9. Section 262.105(c), Family Code, as amended by
420	420	Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th
421	421	Legislature, Regular Session, 2023, is reenacted and amended to
422	422	read as follows:
423	423	(c) The affidavit required by Subsection (b) must describe
424	424	with specificity in a separate section all active [reasonable]
425	425	efforts, consistent with the circumstances and providing for the
426	426	safety of the child, that were made to prevent or eliminate the need
427	427	for the removal of the child.
428	428	SECTION 10. Sections 262.107(a) and (c), Family Code, are
429	429	amended to read as follows:
430	430	(a) The court shall order the return of the child at the
431	431	initial hearing regarding a child taken in possession without a
432	432	court order by a governmental entity unless the court is satisfied
433	433	that:
434	434	(1) the evidence shows that one of the following
435	435	circumstances exists:
436	436	(A) there is a continuing danger to the physical
437	437	health or safety of the child if the child is returned to the
438	438	parent, managing conservator, possessory conservator, guardian,
439	439	caretaker, or custodian who is presently entitled to possession of
440	440	the child;
441	441	(B) the child has been the victim of sexual abuse
442	442	or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one
443	443	or more occasions and that there is a substantial risk that the
444	444	child will be the victim of sexual abuse or of trafficking in the
445	445	future;
446	446	(C) the parent or person who has possession of
447	447	the child is currently using a controlled substance as defined by
448	448	Chapter 481, Health and Safety Code, and the use constitutes an
449	449	immediate danger to the physical health or safety of the child; or
450	450	(D) the parent or person who has possession of
451	451	the child has permitted the child to remain on premises used for the
452	452	manufacture of methamphetamine;
453	453	(2) continuation of the child in the home would be
454	454	contrary to the child's welfare;
455	455	(3) the child would not be adequately protected in the
456	456	child's home with an order for the removal of the alleged
457	457	perpetrator under Section 262.1015 or 262.1016 or a protective
458	458	order issued under Title 4;
459	459	(4) placing the child with a relative or designated
460	460	caregiver or with a caregiver under a parental child safety
461	461	placement agreement authorized by Subchapter L, Chapter 264:
462	462	(A) was offered but refused;
463	463	(B) was not possible because there was no time,
464	464	consistent with the physical health or safety of the child and the
465	465	nature of the emergency, to conduct the caregiver evaluation; or
466	466	(C) would pose an immediate danger to the
467	467	physical health or safety of the child; and
468	468	(5) active [reasonable] efforts, consistent with the
469	469	circumstances and providing for the safety of the child, were made
470	470	to prevent or eliminate the need for removal of the child.
471	471	(c) If the court does not order the return of the child at an
472	472	initial hearing under Subsection (a), the court must describe in
473	473	writing and in a separate section the active [reasonable] efforts,
474	474	consistent with the circumstances and providing for the safety of
475	475	the child, that were made to prevent or eliminate the need for the
476	476	removal of the child.
477	477	SECTION 11. Sections 262.201(g), (g-1), and (g-2), Family
478	478	Code, are amended to read as follows:
479	479	(g) In a suit filed under Section 262.101 or 262.105, at the
480	480	conclusion of the full adversary hearing, the court shall order the
481	481	return of the child to the parent, managing conservator, possessory
482	482	conservator, guardian, caretaker, or custodian entitled to
483	483	possession from whom the child is removed unless the court finds
484	484	sufficient evidence to satisfy a person of ordinary prudence and
485	485	caution that:
486	486	(1) there was a danger to the physical health or safety
487	487	of the child, including a danger that the child would be a victim of
488	488	trafficking under Section 20A.02 or 20A.03, Penal Code, which was
489	489	caused by an act or failure to act of the person entitled to
490	490	possession and for the child to remain in the home is contrary to
491	491	the welfare of the child;
492	492	(2) the urgent need for protection required the
493	493	immediate removal of the child and active [reasonable] efforts,
494	494	consistent with the circumstances and providing for the safety of
495	495	the child, were made to eliminate or prevent the child's removal;
496	496	and
497	497	(3) active [reasonable] efforts have been made to
498	498	enable the child to return home, but there is a substantial risk of
499	499	a continuing danger if the child is returned home.
500	500	(g-1) In a suit filed under Section 262.101 or 262.105, if
501	501	the court does not order the return of the child under Subsection
502	502	(g) and finds that another parent, managing conservator, possessory
503	503	conservator, guardian, caretaker, or custodian entitled to
504	504	possession did not cause the immediate danger to the physical
505	505	health or safety of the child or was not the perpetrator of the
506	506	neglect or abuse alleged in the suit, the court shall order
507	507	possession of the child by that person unless the court finds
508	508	sufficient evidence to satisfy a person of ordinary prudence and
509	509	caution that, specific to each person entitled to possession:
510	510	(1) the person cannot be located after the exercise of
511	511	due diligence by the Department of Family and Protective Services,
512	512	or the person is unable or unwilling to take possession of the
513	513	child; or
514	514	(2) active [reasonable] efforts have been made to
515	515	enable the person's possession of the child, but possession by that
516	516	person presents a continuing danger to the physical health or
517	517	safety of the child caused by an act or failure to act of the person,
518	518	including a danger that the child would be a victim of trafficking
519	519	under Section 20A.02 or 20A.03, Penal Code.
520	520	(g-2) If, at the conclusion of a full adversary hearing, the
521	521	court renders an order under Subsection (g) or (g-1), the court must
522	522	describe in writing and in a separate section:
523	523	(1) the active [reasonable] efforts that were made to
524	524	enable the child to return home and the substantial risk of a
525	525	continuing danger if the child is returned home, as required by
526	526	Subsection (g)(3); or
527	527	(2) the active [reasonable] efforts that were made to
528	528	enable a person's possession of the child and the continuing danger
529	529	to the physical health or safety of the child as required by
530	530	Subsection (g-1)(2).
531	531	SECTION 12. Sections 262.2015(a), (c), and (d), Family
532	532	Code, are amended to read as follows:
533	533	(a) The court may waive the requirement of a service plan
534	534	and the requirement to make active [reasonable] efforts to return
535	535	the child to a parent and may accelerate the trial schedule to
536	536	result in a final order for a child under the care of the Department
537	537	of Family and Protective Services at an earlier date than provided
538	538	by Subchapter D, Chapter 263, if the court finds that the parent has
539	539	subjected the child to aggravated circumstances.
540	540	(c) On finding that active [reasonable] efforts to make it
541	541	possible for the child to safely return to the child's home are not
542	542	required, the court shall at any time before the 30th day after the
543	543	date of the finding, conduct an initial permanency hearing under
544	544	Subchapter D, Chapter 263. Separate notice of the permanency plan
545	545	is not required but may be given with a notice of a hearing under
546	546	this section.
547	547	(d) The Department of Family and Protective Services shall
548	548	make active [reasonable] efforts to finalize the permanent
549	549	placement of a child for whom the court has made the finding
550	550	described by Subsection (c). The court shall set the suit for
551	551	trial on the merits as required by Subchapter D, Chapter 263, in
552	552	order to facilitate final placement of the child.
553	553	SECTION 13. Section 263.202(b), Family Code, is amended to
554	554	read as follows:
555	555	(b) Except as otherwise provided by this subchapter, a
556	556	status hearing shall be limited to matters related to the contents
557	557	and execution of the service plan filed with the court. The court
558	558	shall review the service plan that the department filed under this
559	559	chapter for reasonableness, accuracy, and compliance with
560	560	requirements of court orders and make findings as to whether:
561	561	(1) a plan that has the goal of returning the child to
562	562	the child's parents adequately ensures that active [reasonable]
563	563	efforts are made to enable the child's parents to provide a safe
564	564	environment for the child;
565	565	(2) the child's parents have reviewed and understand
566	566	the plan and have been advised that unless the parents are willing
567	567	and able to provide the child with a safe environment, even with the
568	568	assistance of a service plan, within the reasonable period of time
569	569	specified in the plan, the parents' parental and custodial duties
570	570	and rights may be subject to restriction or to termination under
571	571	this code or the child may not be returned to the parents;
572	572	(3) the plan is narrowly tailored to address any
573	573	specific issues identified by the department;
574	574	(4) the child's parents and the representative of the
575	575	department have signed the plan;
576	576	(5) based on the court's determination under Section
577	577	263.002, continued placement is appropriate if the child is placed
578	578	in a residential treatment center; and
579	579	(6) based on the court's determination under Section
580	580	263.00201, continued placement is appropriate if the child is
581	581	placed in a qualified residential treatment program.
582	582	SECTION 14. Section 263.306(a-1), Family Code, is amended
583	583	to read as follows:
584	584	(a-1) At each permanency hearing before a final order is
585	585	rendered, the court shall:
586	586	(1) identify all persons and parties present at the
587	587	hearing;
588	588	(2) review the efforts of the department or other
589	589	agency in:
590	590	(A) locating and requesting service of citation
591	591	on all persons entitled to service of citation under Section
592	592	102.009; and
593	593	(B) obtaining the assistance of a parent in
594	594	providing information necessary to locate an absent parent, alleged
595	595	father, relative of the child, or other adult identified by the
596	596	child as a potential relative or designated caregiver;
597	597	(3) ask all parties present whether the child or the
598	598	child's family has a Native American heritage and identify any
599	599	Native American tribe with which the child may be associated;
600	600	(4) review the extent of the parties' compliance with
601	601	temporary orders and the service plan and the extent to which
602	602	progress has been made toward alleviating or mitigating the causes
603	603	necessitating the placement of the child in foster care;
604	604	(5) review the permanency progress report to
605	605	determine:
606	606	(A) the safety and well-being of the child and
607	607	whether the child's needs, including any medical or special needs,
608	608	are being adequately addressed;
609	609	(B) the continuing necessity and appropriateness
610	610	of the placement of the child, including with respect to a child who
611	611	has been placed outside of this state, whether the placement
612	612	continues to be in the best interest of the child;
613	613	(C) the appropriateness of the primary and
614	614	alternative permanency goals for the child developed in accordance
615	615	with department rule and whether the department has made active
616	616	[reasonable] efforts to finalize the permanency plan, including the
617	617	concurrent permanency goals, in effect for the child;
618	618	(D) whether the child has been provided the
619	619	opportunity, in a developmentally appropriate manner, to express
620	620	the child's opinion on any medical care provided;
621	621	(E) whether the child has been provided the
622	622	opportunity, in a developmentally appropriate manner, to identify
623	623	any adults, particularly an adult residing in the child's
624	624	community, who could be a relative or designated caregiver for the
625	625	child;
626	626	(F) for a child receiving psychotropic
627	627	medication, whether the child:
628	628	(i) has been provided appropriate
629	629	nonpharmacological interventions, therapies, or strategies to meet
630	630	the child's needs; or
631	631	(ii) has been seen by the prescribing
632	632	physician, physician assistant, or advanced practice nurse at least
633	633	once every 90 days;
634	634	(G) whether an education decision-maker for the
635	635	child has been identified, the child's education needs and goals
636	636	have been identified and addressed, and there have been major
637	637	changes in the child's school performance or there have been
638	638	serious disciplinary events;
639	639	(H) for a child 14 years of age or older, whether
640	640	services that are needed to assist the child in transitioning from
641	641	substitute care to independent living are available in the child's
642	642	community;
643	643	(I) for a child whose permanency goal is another
644	644	planned permanent living arrangement:
645	645	(i) the desired permanency outcome for the
646	646	child, by asking the child;
647	647	(ii) whether, as of the date of the hearing,
648	648	another planned permanent living arrangement is the best permanency
649	649	plan for the child and, if so, provide compelling reasons why it
650	650	continues to not be in the best interest of the child to:
651	651	(a) return home;
652	652	(b) be placed for adoption;
653	653	(c) be placed with a legal guardian;
654	654	or
655	655	(d) be placed with a fit and willing
656	656	relative;
657	657	(iii) whether the department has conducted
658	658	an independent living skills assessment under Section
659	659	264.121(a-3);
660	660	(iv) whether the department has addressed
661	661	the goals identified in the child's permanency plan, including the
662	662	child's housing plan, and the results of the independent living
663	663	skills assessment;
664	664	(v) if the youth is 16 years of age or
665	665	older, whether there is evidence that the department has provided
666	666	the youth with the documents and information listed in Section
667	667	264.121(e); and
668	668	(vi) if the youth is 18 years of age or
669	669	older or has had the disabilities of minority removed, whether
670	670	there is evidence that the department has provided the youth with
671	671	the documents and information listed in Section 264.121(e-1);
672	672	(J) based on the court's determination under
673	673	Section 263.002, whether continued placement is appropriate if the
674	674	child is placed in a residential treatment center; and
675	675	(K) based on the court's determination under
676	676	Section 263.00201, whether continued placement is appropriate if
677	677	the child is placed in a qualified residential treatment program;
678	678	(6) determine whether to return the child to the
679	679	child's parents if the child's parents are willing and able to
680	680	provide the child with a safe environment and the return of the
681	681	child is in the child's best interest;
682	682	(7) estimate a likely date by which the child may be
683	683	returned to and safely maintained in the child's home, placed for
684	684	adoption, or placed in permanent managing conservatorship; and
685	685	(8) announce in open court the dismissal date and the
686	686	date of any upcoming hearings.
687	687	SECTION 15. Section 263.5031(a), Family Code, is amended to
688	688	read as follows:
689	689	(a) At each permanency hearing after the court renders a
690	690	final order, the court shall:
691	691	(1) identify all persons and parties present at the
692	692	hearing;
693	693	(2) review the efforts of the department or other
694	694	agency in notifying persons entitled to notice under Section
695	695	263.0021;
696	696	(3) for a child placed with a relative of the child or
697	697	other designated caregiver, review the efforts of the department to
698	698	inform the caregiver of:
699	699	(A) the option to become verified by a licensed
700	700	child-placing agency to operate an agency foster home, if
701	701	applicable; and
702	702	(B) the permanency care assistance program under
703	703	Subchapter K, Chapter 264; and
704	704	(4) review the permanency progress report to
705	705	determine:
706	706	(A) the safety and well-being of the child and
707	707	whether the child's needs, including any medical or special needs,
708	708	are being adequately addressed;
709	709	(B) whether the child has been provided the
710	710	opportunity, in a developmentally appropriate manner, to identify
711	711	any adult, particularly an adult residing in the child's community,
712	712	who could be a relative or designated caregiver for the child;
713	713	(C) whether the department placed the child with
714	714	a relative or designated caregiver and the continuing necessity and
715	715	appropriateness of the placement of the child, including with
716	716	respect to a child who has been placed outside of this state,
717	717	whether the placement continues to be in the best interest of the
718	718	child;
719	719	(D) if the child is placed in institutional care,
720	720	whether efforts have been made to ensure that the child is placed in
721	721	the least restrictive environment consistent with the child's best
722	722	interest and special needs;
723	723	(E) the appropriateness of the primary and
724	724	alternative permanency goals for the child, whether the department
725	725	has made active [reasonable] efforts to finalize the permanency
726	726	plan, including the concurrent permanency goals, in effect for the
727	727	child, and whether:
728	728	(i) the department has exercised due
729	729	diligence in attempting to place the child for adoption if parental
730	730	rights to the child have been terminated and the child is eligible
731	731	for adoption; or
732	732	(ii) another permanent placement,
733	733	including appointing a relative as permanent managing conservator
734	734	or returning the child to a parent, is appropriate for the child;
735	735	(F) for a child whose permanency goal is another
736	736	planned permanent living arrangement:
737	737	(i) the desired permanency outcome for the
738	738	child, by asking the child;
739	739	(ii) whether, as of the date of the hearing,
740	740	another planned permanent living arrangement is the best permanency
741	741	plan for the child and, if so, provide compelling reasons why it
742	742	continues to not be in the best interest of the child to:
743	743	(a) return home;
744	744	(b) be placed for adoption;
745	745	(c) be placed with a legal guardian;
746	746	or
747	747	(d) be placed with a fit and willing
748	748	relative;
749	749	(iii) whether the department has conducted
750	750	an independent living skills assessment under Section
751	751	264.121(a-3);
752	752	(iv) whether the department has addressed
753	753	the goals identified in the child's permanency plan, including the
754	754	child's housing plan, and the results of the independent living
755	755	skills assessment;
756	756	(v) if the youth is 16 years of age or
757	757	older, whether there is evidence that the department has provided
758	758	the youth with the documents and information listed in Section
759	759	264.121(e); and
760	760	(vi) if the youth is 18 years of age or
761	761	older or has had the disabilities of minority removed, whether
762	762	there is evidence that the department has provided the youth with
763	763	the documents and information listed in Section 264.121(e-1);
764	764	(G) if the child is 14 years of age or older,
765	765	whether services that are needed to assist the child in
766	766	transitioning from substitute care to independent living are
767	767	available in the child's community;
768	768	(H) whether the child is receiving appropriate
769	769	medical care and has been provided the opportunity, in a
770	770	developmentally appropriate manner, to express the child's opinion
771	771	on any medical care provided;
772	772	(I) for a child receiving psychotropic
773	773	medication, whether the child:
774	774	(i) has been provided appropriate
775	775	nonpharmacological interventions, therapies, or strategies to meet
776	776	the child's needs; or
777	777	(ii) has been seen by the prescribing
778	778	physician, physician assistant, or advanced practice nurse at least
779	779	once every 90 days;
780	780	(J) whether an education decision-maker for the
781	781	child has been identified, the child's education needs and goals
782	782	have been identified and addressed, and there are major changes in
783	783	the child's school performance or there have been serious
784	784	disciplinary events;
785	785	(K) for a child for whom the department has been
786	786	named managing conservator in a final order that does not include
787	787	termination of parental rights, whether to order the department to
788	788	provide services to a parent for not more than six months after the
789	789	date of the permanency hearing if:
790	790	(i) the child has not been placed with a
791	791	relative or other individual, including a foster parent, who is
792	792	seeking permanent managing conservatorship of the child; and
793	793	(ii) the court determines that further
794	794	efforts at reunification with a parent are:
795	795	(a) in the best interest of the child;
796	796	and
797	797	(b) likely to result in the child's
798	798	safe return to the child's parent;
799	799	(L) whether the department has identified a
800	800	family or other caring adult who has made a permanent commitment to
801	801	the child;
802	802	(M) based on the court's determination under
803	803	Section 263.002, whether continued placement is appropriate if the
804	804	child is placed in a residential treatment center; and
805	805	(N) based on the court's determination under
806	806	Section 263.00201, whether continued placement is appropriate if
807	807	the child is placed in a qualified residential treatment program.
808	808	SECTION 16. Section 263.602(b), Family Code, is amended to
809	809	read as follows:
810	810	(b) A court with extended jurisdiction over a young adult in
811	811	extended foster care shall conduct extended foster care review
812	812	hearings every six months for the purpose of reviewing and making
813	813	findings regarding:
814	814	(1) whether the young adult's living arrangement is
815	815	safe and appropriate and whether the department has made active
816	816	[reasonable] efforts to place the young adult in the least
817	817	restrictive environment necessary to meet the young adult's needs;
818	818	(2) whether the department is making active
819	819	[reasonable] efforts to finalize the permanency plan that is in
820	820	effect for the young adult, including a permanency plan for
821	821	independent living;
822	822	(3) whether, for a young adult whose permanency plan
823	823	is independent living:
824	824	(A) the young adult participated in the
825	825	development of the plan of service;
826	826	(B) the young adult's plan of service reflects
827	827	the independent living skills and appropriate services needed to
828	828	achieve independence by the projected date; and
829	829	(C) the young adult continues to make reasonable
830	830	progress in developing the skills needed to achieve independence by
831	831	the projected date; and
832	832	(4) whether additional services that the department is
833	833	authorized to provide are needed to meet the needs of the young
834	834	adult.
835	835	SECTION 17. To the extent of any conflict, this Act prevails
836	836	over another Act of the 89th Legislature, Regular Session, 2025,
837	837	relating to nonsubstantive additions to and corrections in enacted
838	838	codes.
839	839	SECTION 18. This Act takes effect September 1, 2025.