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A BILL TO BE ENTITLED
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AN ACT
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relating to policies and procedures regarding children placed by |
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the Department of Family and Protective Services in a residential |
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treatment center or program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.001(a), Family Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Residential treatment center" means a general |
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residential operation licensed under Chapter 42, Human Resources |
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Code, that provides treatment services. |
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SECTION 2. Section 263.002, Family Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) If a child is placed in a residential treatment center, |
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or if a child is referred to and awaiting placement in a residential |
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treatment center, the court shall determine whether: |
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(1) the child's needs can be met through placement in a |
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family-like setting; |
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(2) the recommended or existing program can provide |
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the most effective and appropriate level of care for the child; |
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(3) the recommended or existing program is the least |
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restrictive setting consistent with the child's best interest and |
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individual needs; and |
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(4) the placement is consistent with the short-term |
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and long-term goals for the child, as specified by the child's |
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permanency plan. |
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(f) In making a determination under Subsection (e), the |
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court may consider: |
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(1) psychological or psychiatric assessments; |
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(2) the child's current treatment plan and progress |
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being made; |
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(3) any significant medical, legal, or behavioral |
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incidents involving the child; |
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(4) the reasons for the child's discharge from any |
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previous placement or the child's current placement; |
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(5) the programs available at the facility to address |
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the child's needs; |
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(6) the program's plan to discharge the child after |
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treatment; |
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(7) whether there are other programs that more |
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effectively meet the child's needs; and |
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(8) any other information that would assist the court |
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in making the determination. |
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SECTION 3. Section 263.202(b), Family Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subchapter, a |
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status hearing shall be limited to matters related to the contents |
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and execution of the service plan filed with the court. The court |
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shall review the service plan that the department filed under this |
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chapter for reasonableness, accuracy, and compliance with |
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requirements of court orders and make findings as to whether: |
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(1) a plan that has the goal of returning the child to |
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the child's parents adequately ensures that reasonable efforts are |
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made to enable the child's parents to provide a safe environment for |
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the child; |
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(2) the child's parents have reviewed and understand |
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the plan and have been advised that unless the parents are willing |
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and able to provide the child with a safe environment, even with the |
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assistance of a service plan, within the reasonable period of time |
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specified in the plan, the parents' parental and custodial duties |
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and rights may be subject to restriction or to termination under |
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this code or the child may not be returned to the parents; |
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(3) the plan is narrowly tailored to address any |
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specific issues identified by the department; [and] |
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(4) the child's parents and the representative of the |
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department have signed the plan; |
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(5) based on the court's determination under Section |
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263.002, continued placement is appropriate if the child is placed |
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in a residential treatment center; and |
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(6) based on the court's determination under Section |
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263.00201, continued placement is appropriate if the child is |
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placed in a qualified residential treatment program. |
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SECTION 4. Section 263.306(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) At each permanency hearing before a final order is |
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rendered, 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: |
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(A) locating and requesting service of citation |
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on all persons entitled to service of citation under Section |
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102.009; and |
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(B) obtaining the assistance of a parent in |
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providing information necessary to locate an absent parent, alleged |
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father, relative of the child, or other adult identified by the |
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child as a potential relative or designated caregiver; |
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(3) ask all parties present whether the child or the |
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child's family has a Native American heritage and identify any |
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Native American tribe with which the child may be associated; |
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(4) review the extent of the parties' compliance with |
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temporary orders and the service plan and the extent to which |
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progress has been made toward alleviating or mitigating the causes |
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necessitating the placement of the child in foster care; |
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(5) 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) the continuing necessity and appropriateness |
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of the placement of the child, including with respect to a child who |
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has been placed outside of this state, whether the placement |
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continues to be in the best interest of the child; |
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(C) the appropriateness of the primary and |
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alternative permanency goals for the child developed in accordance |
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with department rule and whether the department has made reasonable |
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efforts to finalize the permanency plan, including the concurrent |
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permanency goals, in effect for the child; |
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(D) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to express |
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the child's opinion on any medical care provided; |
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(E) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to identify |
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any adults, particularly an adult residing in the child's |
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community, who could be a relative or designated caregiver for the |
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child; |
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(F) 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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(G) 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 have been major |
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changes in the child's school performance or there have been |
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serious disciplinary events; |
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(H) for a child 14 years of age or older, whether |
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services that are needed to assist the child in transitioning from |
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substitute care to independent living are available in the child's |
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community; [and] |
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(I) 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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(J) based on the court's determination under |
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Section 263.002, whether continued placement is appropriate if the |
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child is placed in a residential treatment center; and |
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(K) based on the court's determination under |
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Section 263.00201, whether continued placement is appropriate if |
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the child is placed in a qualified residential treatment program; |
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(6) determine whether to return the child to the |
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child's parents if the child's parents are willing and able to |
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provide the child with a safe environment and the return of the |
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child is in the child's best interest; |
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(7) estimate a likely date by which the child may be |
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returned to and safely maintained in the child's home, placed for |
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adoption, or placed in permanent managing conservatorship; and |
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(8) announce in open court the dismissal date and the |
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date of any upcoming hearings. |
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SECTION 5. Section 263.5031(a), Family Code, is amended to |
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read as follows: |
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(a) At each permanency hearing after the court renders a |
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final 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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(M) based on the court's determination under |
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Section 263.002, whether continued placement is appropriate if the |
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child is placed in a residential treatment center; and |
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(N) based on the court's determination under |
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Section 263.00201, whether continued placement is appropriate if |
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the child is placed in a qualified residential treatment program. |
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SECTION 6. This Act takes effect September 1, 2023. |