89R5884 MM-D
By: Zaffirini S.B. No. 2014
A BILL TO BE ENTITLED
AN ACT
relating to policies and procedures regarding certain suits
affecting the parent-child relationship filed by the Department of
Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.001(d-1), (f), and (g), Family
Code, are amended to read as follows:
(d-1) The court may not order termination under Subsection
(b)(1)(M) unless the petition for the termination of the
parent-child relationship is filed not later than the first
anniversary of the date the department or an equivalent agency in
another state was granted permanent managing conservatorship of a
child in the case that resulted in the termination of the
parent-child relationship with respect to that child based on a
finding that the parent's conduct violated Subsection (b)(1)(D) or
(E) or substantially equivalent provisions of the law of another
state.
(f) In a suit for termination of the parent-child
relationship filed by the Department of Family and Protective
Services, the court may not order termination of the parent-child
relationship under Subsection (b)(1) unless the court finds by
clear and convincing evidence [and describes in writing with
specificity in a separate section of the order] that:
(1) the department made reasonable efforts to return
the child to the parent before commencement of a trial on the merits
and despite those reasonable efforts, a continuing danger remains
in the home that prevents the return of the child to the parent; or
(2) reasonable efforts to return the child to the
parent, including the requirement for the department to provide a
family service plan to the parent, have been waived under Section
262.2015.
(g) In a suit for termination of the parent-child
relationship filed by the Department of Family and Protective
Services in which the trier of fact found that the department made
reasonable efforts to return the child to the child's home but a
continuing danger in the home prevented the child's return, the
court shall include in a separate section of its order written
findings describing with specificity the reasonable efforts the
department made to return the child to the child's home.
SECTION 2. The heading to Subchapter D, Chapter 161, Family
Code, is amended to read as follows:
SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER [INVOLUNTARY]
TERMINATION
SECTION 3. Sections 161.302(a), (b), and (d), Family Code,
are amended to read as follows:
(a) The following persons may file a petition under this
subchapter requesting the court to reinstate the parental rights of
a former parent whose parental rights were [involuntarily]
terminated under Section 161.001, [or] 161.003, or 161.005:
(1) the department;
(2) the single source continuum contractor under
Subchapter B-1, Chapter 264, with responsibility for the child who
is the subject of the petition;
(3) the attorney ad litem for the child who is the
subject of the petition; or
(4) the former parent whose parental rights were
[involuntarily] terminated.
(b) A petition for the reinstatement of parental rights may
be filed under this subchapter only if:
(1) [the termination of parental rights resulted from
a suit filed by the department;
[(2)] at least two years have passed since the
issuance of the order terminating the former parent's parental
rights and an appeal of the order is not pending;
(2) [(3)] the child has not been adopted;
(3) [(4)] the child is not the subject of an adoption
placement agreement; and
(4) [(5)] the petitioner has provided the notice
required by Subsection (d), if the petitioner is the former parent
whose parental rights are sought to be reinstated.
(d) Before a former parent whose parental rights have been
[involuntarily] terminated may file a petition for reinstatement
under this subchapter, the former parent, at least 45 days before
the petition is filed, must notify the department of the former
parent's intent to file the petition. The commissioner shall
create a form to be used by a former parent for that notice that
includes the information listed in Subsection (c). A copy of the
notice must be filed with the petition.
SECTION 4. Subchapter C, Chapter 201, Family Code, is
amended by adding Section 201.2043 to read as follows:
Sec. 201.2043. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE
COMMUNICATION. (a) In this section, "remote communication"
includes teleconferencing, videoconferencing, and any similar
technology.
(b) Unless a party or an attorney ad litem for a child files
a written objection and except as provided by Subsection (d), an
associate judge appointed under this subchapter may conduct a
proceeding or perform a judicial action authorized under Section
201.204 from any location in this state using remote communication.
(c) Except as provided by Subsection (d), an associate judge
appointed under this subchapter may require or authorize a party to
participate in a proceeding authorized under Section 201.204 using
a method of remote communication available to the party.
(d) A respondent is entitled to appear in person at a final
hearing that may result in the termination of the respondent's
parental rights under Chapter 161 or the award of permanent
managing conservatorship of the respondent's child to the
department. The respondent may waive the right to appear in person
at the hearing in writing or on the record. Unless the respondent
waives that right, the associate judge must also appear at the
hearing in person.
SECTION 5. 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;
(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 in accordance with Section 263.002(c) [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 6. Sections 264.203(q), (r), and (s), Family Code,
are amended to read as follows:
(q) An order rendered under this section expires on the
180th day after the date the order is rendered [signed] unless the
court extends the order as provided by Subsection (r) or (s).
(r) The court may extend an order rendered under this
section on a showing by any party [the department] of a continuing
need for the order, after notice and hearing. Except as provided by
Subsection (s), the court may extend the order only one time for not
more than 180 days.
(s) The court may extend an order rendered under this
section for not more than an additional 180 days only if[:
[(1)] the court finds that:
(1) [(A)] the extension is necessary to allow the
person required to participate in services under the plan of
service time to complete those services;
(2) [(B)] the department made a good faith effort to
timely provide the services to the person;
(3) [(C)] the person made a good faith effort to
complete the services; and
(4) [(D)] the completion of the services is necessary
to ensure the physical health and safety of the child [; and
[(2) the extension is requested by the person or the
person's attorney].
SECTION 7. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship that is filed on or
after the effective date of this Act. A suit filed before the
effective date of this Act is governed by the law in effect on the
date the suit is filed, and the former law is continued in effect
for that purpose.
SECTION 8. The change in law made by Section 201.2043,
Family Code, as added by this Act applies only to a proceeding
conducted or judicial action performed on or after the effective
date of this Act.
SECTION 9. This Act takes effect September 1, 2025.