By: Kolkhorst S.B. No. 1930
 
  (Dutton, Garcia, Campos, Oliverson, Sherman, Sr., et al.)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to policies and procedures regarding children placed by
  the Department of Family and Protective Services in a residential
  treatment center or qualified residential treatment program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.002, Family Code, is amended by
  amending Subsection (b) and adding Subsection (j) to read as
  follows:
         (b)  A guardian ad litem appointed for the child under this
  chapter shall:
               (1)  within a reasonable time after the appointment,
  interview:
                     (A)  the child in a developmentally appropriate
  manner, if the child is four years of age or older;
                     (B)  each person who has significant knowledge of
  the child's history and condition, including educators, child
  welfare service providers, and any foster parent of the child; and
                     (C)  the parties to the suit;
               (2)  seek to elicit in a developmentally appropriate
  manner the child's:
                     (A)  expressed objectives; and
                     (B)  opinion of and concerns regarding the child's
  current or proposed placement;
               (3)  consider the child's expressed objectives without
  being bound by those objectives;
               (4)  encourage settlement and the use of alternative
  forms of dispute resolution; and
               (5)  perform any specific task directed by the court.
         (j)  If a child is or may be placed in a residential treatment
  center as defined by Section 263.001, a qualified residential
  treatment program as defined by Section 263.00201, or a similar
  treatment setting, the guardian ad litem:
               (1)  shall:
                     (A)  review any available information regarding
  whether the placement is appropriate to meet the child's specific
  needs;
                     (B)  meet in person with the child before
  providing a recommendation under Paragraph (C); and
                     (C)  provide to the court by report or testimony a
  recommendation regarding the placement that is in the best interest
  of the child; and
               (2)  may, as appropriate:
                     (A)  request a placement conference; and
                     (B)  participate in any conferences conducted by
  the Department of Family and Protective Services or the child's
  treatment team related to initial and ongoing placement in a
  residential treatment center, qualified residential treatment
  program, or similar treatment setting unless there is good cause
  shown for excluding the guardian ad litem.
         SECTION 2.  Section 107.004, Family Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  If a child is considered for placement in a residential
  treatment center as defined by Section 263.001, a qualified
  residential treatment program as defined by Section 263.00201, or a
  similar treatment setting, the attorney ad litem:
               (1)  shall:
                     (A)  review any available information related to
  the child's needs, including the child and adolescent needs and
  strengths assessment, any psychological evaluations, discharge
  notices from current or past placements, recent incident reports,
  and counseling notes;
                     (B)  review any available information regarding
  whether the placement is appropriate to meet the child's specific
  needs;
                     (C)  meet with the child before any hearing to
  allow the attorney ad litem to:
                           (i)  prepare for the hearing in accordance
  with the child's expressed representation objectives; and
                           (ii)  elicit, in a developmentally
  appropriate manner, the child's opinion of and concerns regarding
  the child's current or proposed placement;
                     (D)  advise the child in a developmentally
  appropriate manner regarding the department's request or
  recommendation for placement and the likelihood of the request
  being granted; and
                     (E)  advocate to the court for the child's
  specific desires regarding the requested placement in accordance
  with Subsection (a)(2); and
               (2)  may, as appropriate:
                     (A)  request a placement conference; and
                     (B)  participate in any conferences conducted by
  the Department of Family and Protective Services or the child's
  treatment team related to initial and ongoing placement in a
  residential treatment center, qualified residential treatment
  program, or similar treatment setting.
         SECTION 3.  Section 107.0131(a), Family Code, is amended to
  read as follows:
         (a)  An attorney ad litem appointed under Section 107.013 to
  represent the interests of a parent:
               (1)  shall:
                     (A)  subject to Rules 4.02, 4.03, and 4.04, Texas
  Disciplinary Rules of Professional Conduct, and within a reasonable
  time after the appointment, interview:
                           (i)  the parent, unless the parent's
  location is unknown;
                           (ii)  each person who has significant
  knowledge of the case; and
                           (iii)  the parties to the suit;
                     (B)  investigate the facts of the case;
                     (C)  to ensure competent representation at
  hearings, mediations, pretrial matters, and the trial on the
  merits:
                           (i)  obtain and review copies of all court
  files in the suit during the attorney ad litem's course of
  representation; and
                           (ii)  when necessary, conduct formal
  discovery under the Texas Rules of Civil Procedure or the discovery
  control plan;
                     (D)  take any action consistent with the parent's
  interests that the attorney ad litem considers necessary to
  expedite the proceedings;
                     (E)  encourage settlement and the use of
  alternative forms of dispute resolution;
                     (F)  review and sign, or decline to sign, a
  proposed or agreed order affecting the parent;
                     (G)  meet before each court hearing with the
  parent, unless the court:
                           (i)  finds at that hearing that the attorney
  ad litem has shown good cause why the attorney ad litem's compliance
  is not feasible; or
                           (ii)  on a showing of good cause, authorizes
  the attorney ad litem to comply by conferring with the parent, as
  appropriate, by telephone or video conference;
                     (H)  abide by the parent's objectives for
  representation;
                     (I)  become familiar with the American Bar
  Association's standards of practice for attorneys who represent
  parents in abuse and neglect cases; and
                     (J)  complete at least three hours of continuing
  legal education relating to representing parents in child
  protection cases as described by Subsection (b) as soon as
  practicable after the attorney ad litem is appointed, unless the
  court finds that the attorney ad litem has experience equivalent to
  that education; and
               (2)  is entitled to:
                     (A)  request clarification from the court if the
  role of the attorney ad litem is ambiguous;
                     (B)  request a hearing or trial on the merits;
                     (C)  consent or refuse to consent to an interview
  of the parent by another attorney;
                     (D)  receive a copy of each pleading or other
  paper filed with the court;
                     (E)  receive notice of each hearing in the suit;
                     (F)  participate in any case staffing conducted by
  the Department of Family and Protective Services in which the
  parent is invited to participate, including, as appropriate, a case
  staffing to develop a family plan of service, a family group
  conference, a permanency conference, a mediation, a case staffing
  to plan for the discharge and return of the child to the parent, a
  case staffing related to a placement in a residential treatment
  center or qualified residential treatment program, and any other
  case staffing that the department determines would be appropriate
  for the parent to attend, but excluding any internal department
  staffing or staffing between the department and the department's
  legal representative; and
                     (G)  attend all legal proceedings in the suit.
         SECTION 4.  Section 263.001(a), Family Code, is amended by
  adding Subdivision (3-c) to read as follows:
               (3-c)  "Residential treatment center" means a general
  residential operation licensed under Chapter 42, Human Resources
  Code, that provides treatment services.
         SECTION 5.  Section 263.002, Family Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  If a child is placed or is referred to and awaiting
  placement in a residential treatment center, the court shall
  determine whether:
               (1)  the child's needs can be met through placement in a
  family-like setting;
               (2)  the recommended or existing program can provide
  the most effective and appropriate level of care for the child;
               (3)  the recommended or existing program is the least
  restrictive setting consistent with the child's best interest and
  individual needs; and
               (4)  the placement is consistent with the short-term
  and long-term goals for the child, as specified by the child's
  permanency plan.
         (f)  In making a determination under Subsection (e), the
  court may consider:
               (1)  medical, psychological, or psychiatric
  assessments;
               (2)  the child's current treatment plan and progress
  being made;
               (3)  any significant medical, legal, or behavioral
  incidents involving the child;
               (4)  the reasons for the child's discharge from any
  previous placement or the child's current placement;
               (5)  the programs available at the facility to address
  the child's needs;
               (6)  the program's plan to discharge the child after
  treatment;
               (7)  whether there are other programs that more
  effectively meet the child's needs; and
               (8)  any other information that would assist the court
  in making the determination.
         SECTION 6.  Section 263.202(b), Family Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subchapter, a
  status hearing shall be limited to matters related to the contents
  and execution of the service plan filed with the court. The court
  shall review the service plan that the department filed under this
  chapter for reasonableness, accuracy, and compliance with
  requirements of court orders and make findings as to whether:
               (1)  a plan that has the goal of returning the child to
  the child's parents adequately ensures that reasonable efforts are
  made to enable the child's parents to provide a safe environment for
  the child;
               (2)  the child's parents have reviewed and understand
  the plan and have been advised that unless the parents are willing
  and able to provide the child with a safe environment, even with the
  assistance of a service plan, within the reasonable period of time
  specified in the plan, the parents' parental and custodial duties
  and rights may be subject to restriction or to termination under
  this code or the child may not be returned to the parents;
               (3)  the plan is narrowly tailored to address any
  specific issues identified by the department; [and]
               (4)  the child's parents and the representative of the
  department have signed the plan;
               (5)  based on the court's determination under Section
  263.002, continued placement is appropriate if the child is placed
  in a residential treatment center; and
               (6)  based on the court's determination under Section
  263.00201, continued placement is appropriate if the child is
  placed in a qualified residential treatment program.
         SECTION 7.  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; [and]
                     (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 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 8.  Section 263.5031(a), Family Code, is amended to
  read as follows:
         (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;
               (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:
                     (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:
                     (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
  efforts at reunification with a parent are:
                                 (a)  in the best interest of the child;
  and
                                 (b)  likely to result in the child's
  safe return to the child's parent; [and]
                     (L)  whether the department has identified a
  family or other caring adult who has made a permanent commitment to
  the child;
                     (M)  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
                     (N)  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.
         SECTION 9.  Section 264.018(a)(5), Family Code, is amended
  to read as follows:
               (5)  "Significant event" means:
                     (A)  a placement change, including failure by the
  department to locate an appropriate placement for at least one
  night;
                     (B)  a significant change in medical condition;
                     (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
  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
                     (F)  any event determined to be significant under
  department rule.
         SECTION 10.  This Act takes effect September 1, 2023.