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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 qualified residential treatment program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.002, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (j) to read as |
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follows: |
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(b) A guardian ad litem appointed for the child under this |
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chapter shall: |
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(1) within a reasonable time after the appointment, |
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interview: |
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(A) the child in a developmentally appropriate |
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manner, if the child is four years of age or older; |
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(B) each person who has significant knowledge of |
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the child's history and condition, including educators, child |
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welfare service providers, and any foster parent of the child; and |
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(C) the parties to the suit; |
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(2) seek to elicit in a developmentally appropriate |
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manner the child's: |
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(A) expressed objectives; and |
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(B) opinion of and concerns regarding the child's |
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current or proposed placement; |
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(3) consider the child's expressed objectives without |
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being bound by those objectives; |
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(4) encourage settlement and the use of alternative |
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forms of dispute resolution; and |
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(5) perform any specific task directed by the court. |
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(j) If a child is or may be placed in a residential treatment |
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center as defined by Section 263.001, a qualified residential |
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treatment program as defined by Section 263.00201, or a similar |
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treatment setting, the guardian ad litem: |
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(1) shall: |
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(A) review any available information regarding |
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whether the placement is appropriate to meet the child's specific |
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needs; |
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(B) meet in person with the child before |
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providing a recommendation under Paragraph (C); and |
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(C) provide to the court by report or testimony a |
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recommendation regarding the placement that is in the best interest |
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of the child; and |
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(2) may, as appropriate: |
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(A) request a placement conference; and |
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(B) participate in any conferences conducted by |
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the Department of Family and Protective Services or the child's |
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treatment team related to initial and ongoing placement in a |
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residential treatment center, qualified residential treatment |
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program, or similar treatment setting unless there is good cause |
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shown for excluding the guardian ad litem. |
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SECTION 2. Section 107.004, Family Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If a child is considered for placement in a residential |
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treatment center as defined by Section 263.001, a qualified |
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residential treatment program as defined by Section 263.00201, or a |
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similar treatment setting, the attorney ad litem: |
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(1) shall: |
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(A) review any available information related to |
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the child's needs, including the child and adolescent needs and |
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strengths assessment, any psychological evaluations, discharge |
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notices from current or past placements, recent incident reports, |
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and counseling notes; |
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(B) review any available information regarding |
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whether the placement is appropriate to meet the child's specific |
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needs; |
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(C) meet with the child before any hearing to |
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allow the attorney ad litem to: |
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(i) prepare for the hearing in accordance |
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with the child's expressed representation objectives; and |
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(ii) elicit, in a developmentally |
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appropriate manner, the child's opinion of and concerns regarding |
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the child's current or proposed placement; |
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(D) advise the child in a developmentally |
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appropriate manner regarding the department's request or |
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recommendation for placement and the likelihood of the request |
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being granted; and |
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(E) advocate to the court for the child's |
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specific desires regarding the requested placement in accordance |
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with Subsection (a)(2); and |
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(2) may, as appropriate: |
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(A) request a placement conference; and |
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(B) participate in any conferences conducted by |
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the Department of Family and Protective Services or the child's |
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treatment team related to initial and ongoing placement in a |
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residential treatment center, qualified residential treatment |
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program, or similar treatment setting. |
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SECTION 3. Section 107.0131(a), Family Code, is amended to |
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read as follows: |
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(a) An attorney ad litem appointed under Section 107.013 to |
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represent the interests of a parent: |
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(1) shall: |
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(A) subject to Rules 4.02, 4.03, and 4.04, Texas |
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Disciplinary Rules of Professional Conduct, and within a reasonable |
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time after the appointment, interview: |
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(i) the parent, unless the parent's |
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location is unknown; |
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(ii) each person who has significant |
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knowledge of the case; and |
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(iii) the parties to the suit; |
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(B) investigate the facts of the case; |
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(C) to ensure competent representation at |
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hearings, mediations, pretrial matters, and the trial on the |
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merits: |
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(i) obtain and review copies of all court |
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files in the suit during the attorney ad litem's course of |
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representation; and |
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(ii) when necessary, conduct formal |
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discovery under the Texas Rules of Civil Procedure or the discovery |
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control plan; |
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(D) take any action consistent with the parent's |
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interests that the attorney ad litem considers necessary to |
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expedite the proceedings; |
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(E) encourage settlement and the use of |
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alternative forms of dispute resolution; |
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(F) review and sign, or decline to sign, a |
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proposed or agreed order affecting the parent; |
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(G) meet before each court hearing with the |
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parent, unless the court: |
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(i) finds at that hearing that the attorney |
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ad litem has shown good cause why the attorney ad litem's compliance |
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is not feasible; or |
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(ii) on a showing of good cause, authorizes |
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the attorney ad litem to comply by conferring with the parent, as |
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appropriate, by telephone or video conference; |
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(H) abide by the parent's objectives for |
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representation; |
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(I) become familiar with the American Bar |
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Association's standards of practice for attorneys who represent |
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parents in abuse and neglect cases; and |
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(J) complete at least three hours of continuing |
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legal education relating to representing parents in child |
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protection cases as described by Subsection (b) as soon as |
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practicable after the attorney ad litem is appointed, unless the |
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court finds that the attorney ad litem has experience equivalent to |
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that education; and |
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(2) is entitled to: |
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(A) request clarification from the court if the |
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role of the attorney ad litem is ambiguous; |
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(B) request a hearing or trial on the merits; |
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(C) consent or refuse to consent to an interview |
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of the parent by another attorney; |
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(D) receive a copy of each pleading or other |
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paper filed with the court; |
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(E) receive notice of each hearing in the suit; |
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(F) participate in any case staffing conducted by |
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the Department of Family and Protective Services in which the |
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parent is invited to participate, including, as appropriate, a case |
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staffing to develop a family plan of service, a family group |
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conference, a permanency conference, a mediation, a case staffing |
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to plan for the discharge and return of the child to the parent, a |
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case staffing related to a placement in a residential treatment |
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center or qualified residential treatment program, and any other |
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case staffing that the department determines would be appropriate |
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for the parent to attend, but excluding any internal department |
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staffing or staffing between the department and the department's |
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legal representative; and |
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(G) attend all legal proceedings in the suit. |
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SECTION 4. Section 263.001(a), Family Code, is amended by |
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adding Subdivision (3-c) to read as follows: |
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(3-c) "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 5. 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 or is referred to and awaiting |
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placement in a residential treatment center, the court shall |
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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) medical, psychological, or psychiatric |
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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 6. 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 7. 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 8. Section 263.5031(a), Family Code, is amended to |
|
|
read as follows: |
|
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(a) At each permanency hearing after the court renders a |
|
|
final order, the court shall: |
|
|
(1) identify all persons and parties present at the |
|
|
hearing; |
|
|
(2) review the efforts of the department or other |
|
|
agency in notifying persons entitled to notice under Section |
|
|
263.0021; |
|
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(3) for a child placed with a relative of the child or |
|
|
other designated caregiver, review the efforts of the department to |
|
|
inform the caregiver of: |
|
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(A) the option to become verified by a licensed |
|
|
child-placing agency to operate an agency foster home, if |
|
|
applicable; and |
|
|
(B) the permanency care assistance program under |
|
|
Subchapter K, Chapter 264; and |
|
|
(4) review the permanency progress report to |
|
|
determine: |
|
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(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) whether the child has been provided the |
|
|
opportunity, in a developmentally appropriate manner, to identify |
|
|
any adult, particularly an adult residing in the child's community, |
|
|
who could be a relative or designated caregiver for the child; |
|
|
(C) whether the department placed the child with |
|
|
a relative or designated caregiver and 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; |
|
|
(D) if the child is placed in institutional care, |
|
|
whether efforts have been made to ensure that the child is placed in |
|
|
the least restrictive environment consistent with the child's best |
|
|
interest and special needs; |
|
|
(E) the appropriateness of the primary and |
|
|
alternative permanency goals for the child, whether the department |
|
|
has made reasonable efforts to finalize the permanency plan, |
|
|
including the concurrent permanency goals, in effect for the child, |
|
|
and whether: |
|
|
(i) the department has exercised due |
|
|
diligence in attempting to place the child for adoption if parental |
|
|
rights to the child have been terminated and the child is eligible |
|
|
for adoption; or |
|
|
(ii) another permanent placement, |
|
|
including appointing a relative as permanent managing conservator |
|
|
or returning the child to a parent, is appropriate for the child; |
|
|
(F) 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); |
|
|
(G) if the child is 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; |
|
|
(H) whether the child is receiving appropriate |
|
|
medical care and has been provided the opportunity, in a |
|
|
developmentally appropriate manner, to express the child's opinion |
|
|
on any medical care provided; |
|
|
(I) 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; |
|
|
(J) 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 are major changes in |
|
|
the child's school performance or there have been serious |
|
|
disciplinary events; |
|
|
(K) for a child for whom the department has been |
|
|
named managing conservator in a final order that does not include |
|
|
termination of parental rights, whether to order the department to |
|
|
provide services to a parent for not more than six months after the |
|
|
date of the permanency hearing if: |
|
|
(i) the child has not been placed with a |
|
|
relative or other individual, including a foster parent, who is |
|
|
seeking permanent managing conservatorship of the child; and |
|
|
(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 9. Section 264.018(a)(5), Family Code, is amended |
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|
to read as follows: |
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|
(5) "Significant event" means: |
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|
(A) a placement change, including failure by the |
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|
department to locate an appropriate placement for at least one |
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|
night; |
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|
(B) a significant change in medical condition; |
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|
(C) an initial prescription of a psychotropic |
|
|
medication or a change in dosage of a psychotropic medication; |
|
|
(D) a major change in school performance or a |
|
|
serious disciplinary event at school; |
|
|
(E) a placement in a qualified residential |
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|
treatment program as that term is defined by 42 U.S.C. Section |
|
|
672(k)(4) or placement in a residential treatment center as defined |
|
|
by Section 263.001, including meetings or conferences to determine |
|
|
the appropriateness of such a placement; or |
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|
(F) any event determined to be significant under |
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|
department rule. |
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SECTION 10. This Act takes effect September 1, 2023. |