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A BILL TO BE ENTITLED
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AN ACT
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relating to age-appropriate normalcy activities for children in the |
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managing conservatorship of the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.5031, Family Code, is amended to |
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read as follows: |
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Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. |
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(a) At each permanency hearing after the court renders a final |
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order, the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
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agency in notifying persons entitled to notice under Section |
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263.0021; |
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(3) for a child placed with a relative of the child or |
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other designated caregiver, review the efforts of the department to |
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inform the caregiver of: |
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(A) the option to become verified by a licensed |
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child-placing agency to operate an agency foster home, if |
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applicable; and |
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(B) the permanency care assistance program under |
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Subchapter K, Chapter 264; and |
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(4) review the permanency progress report to |
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determine: |
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(A) the safety and well-being of the child and |
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whether the child's needs, including any medical or special needs, |
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are being adequately addressed; |
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(B) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to identify |
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any adult, particularly an adult residing in the child's community, |
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who could be a relative or designated caregiver for the child; |
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(C) whether the department placed the child with |
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a relative or designated caregiver and the continuing necessity and |
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appropriateness of the placement of the child, including with |
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respect to a child who has been placed outside of this state, |
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whether the placement continues to be in the best interest of the |
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child; |
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(D) if the child is placed in institutional care, |
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whether efforts have been made to ensure that the child is placed in |
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the least restrictive environment consistent with the child's best |
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interest and special needs; |
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(E) the appropriateness of the primary and |
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alternative permanency goals for the child, whether the department |
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has made reasonable efforts to finalize the permanency plan, |
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including the concurrent permanency goals, in effect for the child, |
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and whether: |
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(i) the department has exercised due |
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diligence in attempting to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption; or |
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(ii) another permanent placement, |
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including appointing a relative as permanent managing conservator |
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or returning the child to a parent, is appropriate for the child; |
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(F) for a child whose permanency goal is another |
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planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; |
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(ii) whether, as of the date of the hearing, |
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another planned permanent living arrangement is the best permanency |
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plan for the child and, if so, provide compelling reasons why it |
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continues to not be in the best interest of the child to: |
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(a) return home; |
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(b) be placed for adoption; |
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(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
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relative; |
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(iii) whether the department has conducted |
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an independent living skills assessment under Section |
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264.121(a-3); |
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(iv) whether the department has addressed |
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the goals identified in the child's permanency plan, including the |
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child's housing plan, and the results of the independent living |
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skills assessment; |
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(v) if the youth is 16 years of age or |
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older, whether there is evidence that the department has provided |
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the youth with the documents and information listed in Section |
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264.121(e); and |
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(vi) if the youth is 18 years of age or |
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older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
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the documents and information listed in Section 264.121(e-1); |
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(G) if the child is 14 years of age or older, |
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whether services that are needed to assist the child in |
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transitioning from substitute care to independent living are |
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available in the child's community; |
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(H) whether the child is receiving appropriate |
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medical care and has been provided the opportunity, in a |
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developmentally appropriate manner, to express the child's opinion |
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on any medical care provided; |
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(I) for a child receiving psychotropic |
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medication, whether the child: |
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(i) has been provided appropriate |
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nonpharmacological interventions, therapies, or strategies to meet |
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the child's needs; or |
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(ii) has been seen by the prescribing |
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physician, physician assistant, or advanced practice nurse at least |
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once every 90 days; |
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(J) whether an education decision-maker for the |
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child has been identified, the child's education needs and goals |
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have been identified and addressed, and there are major changes in |
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the child's school performance or there have been serious |
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disciplinary events; |
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(K) for a child for whom the department has been |
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named managing conservator in a final order that does not include |
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termination of parental rights, whether to order the department to |
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provide services to a parent for not more than six months after the |
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date of the permanency hearing if: |
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(i) the child has not been placed with a |
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relative or other individual, including a foster parent, who is |
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seeking permanent managing conservatorship of the child; and |
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(ii) the court determines that further |
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efforts at reunification with a parent are: |
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(a) in the best interest of the child; |
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and |
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(b) likely to result in the child's |
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safe return to the child's parent; and |
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(L) whether the department has identified a |
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family or other caring adult who has made a permanent commitment to |
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the child. |
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(b) In addition to the requirements of Subsection (a), at |
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each permanency hearing after the court renders a final order, the |
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court shall review the department's efforts to ensure the child has |
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regular, ongoing opportunities to engage in age-appropriate |
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normalcy activities, including activities not listed in the child's |
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service plan. |
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SECTION 2. Section 263.503, Family Code, is repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a permanency hearing conducted under Chapter 263, Family Code, on |
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or after the effective date of this Act. A permanency hearing |
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conducted before the effective date of this Act is governed by the |
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law in effect on the date the hearing was conducted, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |