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A BILL TO BE ENTITLED
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AN ACT
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relating to applying an active efforts standard for the removal of |
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certain children in the managing conservatorship of the Department |
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of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 161.001(a), (b), (f), and (g), Family |
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Code, are amended to read as follows: |
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(a) In this section: |
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(1) "Active efforts" has the meaning described by |
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Section 262.0001. |
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(2) "Born[, "born] addicted to alcohol or a controlled |
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substance" means a child: |
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(A) [(1)] who is born to a mother who during the |
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pregnancy used a controlled substance, as defined by Chapter 481, |
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Health and Safety Code, other than a controlled substance legally |
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obtained by prescription, or alcohol; and |
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(B) [(2)] who, after birth as a result of the |
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mother's use of the controlled substance or alcohol: |
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(i) [(A)] experiences observable |
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withdrawal from the alcohol or controlled substance; |
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(ii) [(B)] exhibits observable or harmful |
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effects in the child's physical appearance or functioning; or |
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(iii) [(C)] exhibits the demonstrable |
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presence of alcohol or a controlled substance in the child's bodily |
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fluids. |
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(b) The court may order termination of the parent-child |
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relationship if the court finds by clear and convincing evidence: |
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(1) that the parent has: |
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(A) voluntarily left the child alone or in the |
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possession of another not the parent and expressed an intent not to |
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return; |
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(B) voluntarily left the child alone or in the |
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possession of another not the parent without expressing an intent |
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to return, without providing for the adequate support of the child, |
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and remained away for a period of at least three months; |
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(C) voluntarily left the child alone or in the |
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possession of another without providing adequate support of the |
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child and remained away for a period of at least six months; |
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(D) knowingly placed or knowingly allowed the |
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child to remain in conditions or surroundings which endanger the |
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physical or emotional well-being of the child; |
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(E) engaged in conduct or knowingly placed the |
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child with persons who engaged in conduct which endangers the |
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physical or emotional well-being of the child; |
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(F) failed to support the child in accordance |
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with the parent's ability during a period of one year ending within |
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six months of the date of the filing of the petition; |
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(G) abandoned the child without identifying the |
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child or furnishing means of identification, and the child's |
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identity cannot be ascertained by the exercise of reasonable |
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diligence; |
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(H) voluntarily, and with knowledge of the |
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pregnancy, abandoned the mother of the child beginning at a time |
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during her pregnancy with the child and continuing through the |
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birth, failed to provide adequate support or medical care for the |
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mother during the period of abandonment before the birth of the |
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child, and remained apart from the child or failed to support the |
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child since the birth; |
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(I) contumaciously refused to submit to a |
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reasonable and lawful order of a court under Subchapter D, Chapter |
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261; |
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(J) been the major cause of: |
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(i) the failure of the child to be enrolled |
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in school as required by the Education Code; or |
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(ii) the child's absence from the child's |
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home without the consent of the parents or guardian for a |
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substantial length of time or without the intent to return; |
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(K) executed before or after the suit is filed an |
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unrevoked or irrevocable affidavit of relinquishment of parental |
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rights as provided by this chapter; |
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(L) been convicted or has been placed on |
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community supervision, including deferred adjudication community |
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supervision, for being criminally responsible for the death or |
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serious injury of a child under the following sections of the Penal |
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Code, or under a law of another jurisdiction that contains elements |
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that are substantially similar to the elements of an offense under |
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one of the following Penal Code sections, or adjudicated under |
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Title 3 for conduct that caused the death or serious injury of a |
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child and that would constitute a violation of one of the following |
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Penal Code sections: |
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(i) Section 19.02 (murder); |
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(ii) Section 19.03 (capital murder); |
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(iii) Section 19.04 (manslaughter); |
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(iv) Section 21.11 (indecency with a |
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child); |
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(v) Section 22.01 (assault); |
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(vi) Section 22.011 (sexual assault); |
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(vii) Section 22.02 (aggravated assault); |
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(viii) Section 22.021 (aggravated sexual |
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assault); |
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(ix) Section 22.04 (injury to a child, |
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elderly individual, or disabled individual); |
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(x) Section 22.041 (abandoning or |
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endangering a child, elderly individual, or disabled individual); |
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(xi) Section 25.02 (prohibited sexual |
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conduct); |
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(xii) Section 43.25 (sexual performance by |
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a child); |
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(xiii) Section 43.26 (possession or |
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promotion of child pornography); |
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(xiv) Section 21.02 (continuous sexual |
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abuse of young child or disabled individual); |
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(xv) Section 20A.02(a)(7) or (8) |
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(trafficking of persons); and |
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(xvi) Section 43.05(a)(2) (compelling |
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prostitution); |
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(M) had his or her parent-child relationship |
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terminated with respect to another child based on a finding that the |
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parent's conduct was in violation of Paragraph (D) or (E) or |
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substantially equivalent provisions of the law of another state; |
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(N) constructively abandoned the child who has |
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been in the permanent or temporary managing conservatorship of the |
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Department of Family and Protective Services for not less than six |
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|
months, and: |
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(i) the department has made active |
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[reasonable] efforts to return the child to the parent; |
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(ii) the parent has not regularly visited |
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or maintained significant contact with the child; and |
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(iii) the parent has demonstrated an |
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inability to provide the child with a safe environment; |
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(O) failed to comply with the provisions of a |
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court order that specifically established the actions necessary for |
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the parent to obtain the return of the child who has been in the |
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permanent or temporary managing conservatorship of the Department |
|
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of Family and Protective Services for not less than nine months as a |
|
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result of the child's removal from the parent under Chapter 262 for |
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the abuse or neglect of the child; |
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(P) used a controlled substance, as defined by |
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Chapter 481, Health and Safety Code, in a manner that endangered the |
|
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health or safety of the child, and: |
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(i) failed to complete a court-ordered |
|
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substance abuse treatment program; or |
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(ii) after completion of a court-ordered |
|
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substance abuse treatment program, continued to abuse a controlled |
|
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substance; |
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(Q) knowingly engaged in criminal conduct that |
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has resulted in the parent's: |
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(i) conviction of an offense; and |
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(ii) confinement or imprisonment and |
|
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inability to care for the child for not less than two years from the |
|
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date of filing the petition; |
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(R) been the cause of the child being born |
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addicted to alcohol or a controlled substance, other than a |
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controlled substance legally obtained by prescription; |
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(S) voluntarily delivered the child to a |
|
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designated emergency infant care provider under Section 262.302 |
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without expressing an intent to return for the child; |
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(T) been convicted of: |
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(i) the murder of the other parent of the |
|
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child under Section 19.02 or 19.03, Penal Code, or under a law of |
|
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another state, federal law, the law of a foreign country, or the |
|
|
Uniform Code of Military Justice that contains elements that are |
|
|
substantially similar to the elements of an offense under Section |
|
|
19.02 or 19.03, Penal Code; |
|
|
(ii) criminal attempt under Section 15.01, |
|
|
Penal Code, or under a law of another state, federal law, the law of |
|
|
a foreign country, or the Uniform Code of Military Justice that |
|
|
contains elements that are substantially similar to the elements of |
|
|
an offense under Section 15.01, Penal Code, to commit the offense |
|
|
described by Subparagraph (i); |
|
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(iii) criminal solicitation under Section |
|
|
15.03, Penal Code, or under a law of another state, federal law, the |
|
|
law of a foreign country, or the Uniform Code of Military Justice |
|
|
that contains elements that are substantially similar to the |
|
|
elements of an offense under Section 15.03, Penal Code, of the |
|
|
offense described by Subparagraph (i); or |
|
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(iv) the sexual assault of the other parent |
|
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of the child under Section 22.011 or 22.021, Penal Code, or under a |
|
|
law of another state, federal law, or the Uniform Code of Military |
|
|
Justice that contains elements that are substantially similar to |
|
|
the elements of an offense under Section 22.011 or 22.021, Penal |
|
|
Code; |
|
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(U) been placed on community supervision, |
|
|
including deferred adjudication community supervision, or another |
|
|
functionally equivalent form of community supervision or |
|
|
probation, for being criminally responsible for the sexual assault |
|
|
of the other parent of the child under Section 22.011 or 22.021, |
|
|
Penal Code, or under a law of another state, federal law, or the |
|
|
Uniform Code of Military Justice that contains elements that are |
|
|
substantially similar to the elements of an offense under Section |
|
|
22.011 or 22.021, Penal Code; or |
|
|
(V) been convicted of: |
|
|
(i) criminal solicitation of a minor under |
|
|
Section 15.031, Penal Code, or under a law of another state, federal |
|
|
law, the law of a foreign country, or the Uniform Code of Military |
|
|
Justice that contains elements that are substantially similar to |
|
|
the elements of an offense under Section 15.031, Penal Code; or |
|
|
(ii) online solicitation of a minor under |
|
|
Section 33.021, Penal Code, or under a law of another state, federal |
|
|
law, the law of a foreign country, or the Uniform Code of Military |
|
|
Justice that contains elements that are substantially similar to |
|
|
the elements of an offense under Section 33.021, Penal Code; and |
|
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(2) that termination is in the best interest of the |
|
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child. |
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(f) In a suit for termination of the parent-child |
|
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relationship filed by the Department of Family and Protective |
|
|
Services, the court may not order termination of the parent-child |
|
|
relationship under Subsection (b)(1) unless the court finds by |
|
|
clear and convincing evidence and describes in writing with |
|
|
specificity in a separate section of the order that: |
|
|
(1) the department made active [reasonable] efforts to |
|
|
return the child to the parent before commencement of a trial on the |
|
|
merits and despite those active [reasonable] efforts, a continuing |
|
|
danger remains in the home that prevents the return of the child to |
|
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the parent; or |
|
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(2) active [reasonable] efforts to return the child to |
|
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the parent, including the requirement for the department to provide |
|
|
a family service plan to the parent, have been waived under Section |
|
|
262.2015. |
|
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(g) In a suit for termination of the parent-child |
|
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relationship filed by the Department of Family and Protective |
|
|
Services in which the department made active [reasonable] efforts |
|
|
to return the child to the child's home but a continuing danger in |
|
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the home prevented the child's return, the court shall include in a |
|
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separate section of its order written findings describing with |
|
|
specificity the active [reasonable] efforts the department made to |
|
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return the child to the child's home. |
|
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SECTION 2. Section 161.003, Family Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) The court may order termination of the parent-child |
|
|
relationship in a suit filed by the Department of Family and |
|
|
Protective Services if the court finds that: |
|
|
(1) the parent has a mental or emotional illness or a |
|
|
mental deficiency that renders the parent unable to provide for the |
|
|
physical, emotional, and mental needs of the child; |
|
|
(2) the illness or deficiency, in all reasonable |
|
|
probability, proved by clear and convincing evidence, will continue |
|
|
to render the parent unable to provide for the child's needs until |
|
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the 18th birthday of the child; |
|
|
(3) the department has been the temporary or sole |
|
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managing conservator of the child of the parent for at least six |
|
|
months preceding the date of the hearing on the termination held in |
|
|
accordance with Subsection (c); |
|
|
(4) the department has made active [reasonable] |
|
|
efforts to return the child to the parent; and |
|
|
(5) the termination is in the best interest of the |
|
|
child. |
|
|
(a-1) In this section, "active efforts" has the meaning |
|
|
described by Section 262.0001. |
|
|
SECTION 3. Subchapter A, Chapter 262, Family Code, is |
|
|
amended by adding Section 262.0001 to read as follows: |
|
|
Sec. 262.0001. DEFINITION; ACTIVE EFFORTS. (a) In this |
|
|
chapter, "active efforts" means affirmative, active, thorough, and |
|
|
timely efforts intended primarily to maintain or reunite a child |
|
|
with the child's family. |
|
|
(b) In cases in which the Department of Family and |
|
|
Protective Services is involved in a suit affecting the |
|
|
parent-child relationship, the department's active efforts must |
|
|
involve assisting the parents through the steps of a case plan and |
|
|
with accessing or developing the resources necessary to satisfy the |
|
|
case plan. The department must tailor the active efforts to the |
|
|
facts and circumstances of each case, including by: |
|
|
(1) conducting a comprehensive assessment of the |
|
|
circumstances of the child's family, with a focus on safe |
|
|
reunification as the most desirable goal; |
|
|
(2) identifying appropriate services and helping the |
|
|
parents to overcome barriers, including actively assisting the |
|
|
parents in obtaining such services; |
|
|
(3) conducting or causing to be conducted a diligent |
|
|
search for the child's extended family members, and contacting and |
|
|
consulting with extended family members to provide family structure |
|
|
and support for the child and the child's parents; |
|
|
(4) taking steps to keep siblings together whenever |
|
|
possible; |
|
|
(5) supporting regular visits with parents in the most |
|
|
natural setting possible as well as trial home visits of the child |
|
|
during any period of removal, consistent with the need to ensure the |
|
|
health, safety, and welfare of the child; |
|
|
(6) identifying community resources including |
|
|
housing, financial, transportation, mental health, substance |
|
|
abuse, and peer support services and actively assisting the child's |
|
|
parents or, when appropriate, the child's family, in using and |
|
|
accessing those resources; |
|
|
(7) monitoring progress and participation in |
|
|
services; |
|
|
(8) considering alternative ways to address the needs |
|
|
of the child's parents and, where appropriate, the family, if the |
|
|
optimum services do not exist or are not available; and |
|
|
(9) providing post-reunification services and |
|
|
monitoring. |
|
|
SECTION 4. Section 262.001(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) In determining the active [reasonable] efforts that are |
|
|
required to be made with respect to preventing or eliminating the |
|
|
need to remove a child from the child's home or to make it possible |
|
|
to return a child to the child's home, the child's health and safety |
|
|
is the paramount concern. |
|
|
SECTION 5. Section 262.101(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) An original suit filed by a governmental entity that |
|
|
requests permission to take possession of a child without prior |
|
|
notice and a hearing must be supported by an affidavit sworn to by a |
|
|
person with personal knowledge and stating facts sufficient to |
|
|
satisfy a person of ordinary prudence and caution that: |
|
|
(1) there is an immediate danger to the physical |
|
|
health or safety of the child or the child has been a victim of |
|
|
neglect or sexual abuse; |
|
|
(2) continuation in the home would be contrary to the |
|
|
child's welfare; |
|
|
(3) there is no time, consistent with the physical |
|
|
health or safety of the child, for a full adversary hearing under |
|
|
Subchapter C; |
|
|
(4) the child would not be adequately protected in the |
|
|
child's home with an order for the removal of the alleged |
|
|
perpetrator under Section 262.1015 or 262.1016 or a protective |
|
|
order issued under Title 4; |
|
|
(5) placing the child with a relative or designated |
|
|
caregiver or with a caregiver under a parental child safety |
|
|
placement agreement authorized by Subchapter L, Chapter 264: |
|
|
(A) was offered but refused; |
|
|
(B) was not possible because there was no time, |
|
|
consistent with the physical health or safety of the child and the |
|
|
nature of the emergency, to conduct the caregiver evaluation; or |
|
|
(C) would pose an immediate danger to the |
|
|
physical health or safety of the child; and |
|
|
(6) active [reasonable] efforts, consistent with the |
|
|
circumstances and providing for the safety of the child, were made |
|
|
to prevent or eliminate the need for the removal of the child. |
|
|
SECTION 6. Section 262.101(b), Family Code, as amended by |
|
|
Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th |
|
|
Legislature, Regular Session, 2023, is reenacted and amended to |
|
|
read as follows: |
|
|
(b) The affidavit required by Subsection (a) must describe |
|
|
with specificity in a separate section all active [reasonable] |
|
|
efforts, consistent with the circumstances and providing for the |
|
|
safety of the child, that were made to prevent or eliminate the need |
|
|
for the removal of the child. |
|
|
SECTION 7. Sections 262.102(a) and (e), Family Code, are |
|
|
amended to read as follows: |
|
|
(a) Before a court may, without prior notice and a hearing, |
|
|
issue a temporary order for the conservatorship of a child under |
|
|
Section 105.001(a)(1) or a temporary restraining order or |
|
|
attachment of a child authorizing a governmental entity to take |
|
|
possession of a child in a suit brought by a governmental entity, |
|
|
the court must find that: |
|
|
(1) there is an immediate danger to the physical |
|
|
health or safety of the child or the child has been a victim of |
|
|
neglect or sexual abuse; |
|
|
(2) continuation in the home would be contrary to the |
|
|
child's welfare; |
|
|
(3) there is no time, consistent with the physical |
|
|
health or safety of the child and the nature of the emergency, for a |
|
|
full adversary hearing under Subchapter C; |
|
|
(4) the child would not be adequately protected in the |
|
|
child's home with an order for the removal of the alleged |
|
|
perpetrator under Section 262.1015 or 262.1016 or a protective |
|
|
order issued under Title 4; |
|
|
(5) placing the child with a relative or designated |
|
|
caregiver or with a caregiver under a parental child safety |
|
|
placement agreement authorized by Subchapter L, Chapter 264: |
|
|
(A) was offered but refused; |
|
|
(B) was not possible because there was no time, |
|
|
consistent with the physical health or safety of the child and the |
|
|
nature of the emergency, to conduct the caregiver evaluation; or |
|
|
(C) would pose an immediate danger to the |
|
|
physical health or safety of the child; and |
|
|
(6) active [reasonable] efforts, consistent with the |
|
|
circumstances and providing for the safety of the child, were made |
|
|
to prevent or eliminate the need for removal of the child. |
|
|
(e) The temporary order, temporary restraining order, or |
|
|
attachment of a child rendered by the court under Subsection (a) |
|
|
must describe with specificity in a separate section the active |
|
|
[reasonable] efforts, consistent with the circumstances and |
|
|
providing for the safety of the child, that were made to prevent or |
|
|
eliminate the need for the removal of the child as required by |
|
|
Subsection (a)(4). |
|
|
SECTION 8. Section 262.105(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) An original suit filed by a governmental entity after |
|
|
taking possession of a child under Section 262.104 must be |
|
|
supported by an affidavit stating facts sufficient to satisfy a |
|
|
person of ordinary prudence and caution that: |
|
|
(1) based on the affiant's personal knowledge or on |
|
|
information furnished by another person corroborated by the |
|
|
affiant's personal knowledge, one of the following circumstances |
|
|
existed at the time the child was taken into possession: |
|
|
(A) there was an immediate danger to the physical |
|
|
health or safety of the child; |
|
|
(B) the child was the victim of sexual abuse or of |
|
|
trafficking under Section 20A.02 or 20A.03, Penal Code; |
|
|
(C) the parent or person who had possession of |
|
|
the child was using a controlled substance as defined by Chapter |
|
|
481, Health and Safety Code, and the use constituted an immediate |
|
|
danger to the physical health or safety of the child; or |
|
|
(D) the parent or person who had possession of |
|
|
the child permitted the child to remain on premises used for the |
|
|
manufacture of methamphetamine; and |
|
|
(2) based on the affiant's personal knowledge: |
|
|
(A) continuation of the child in the home would |
|
|
have been contrary to the child's welfare; |
|
|
(B) there was no time, consistent with the |
|
|
physical health or safety of the child, for a full adversary hearing |
|
|
under Subchapter C; |
|
|
(C) the child would not be adequately protected |
|
|
in the child's home with an order for the removal of the alleged |
|
|
perpetrator under Section 262.1015 or 262.1016 or a protective |
|
|
order issued under Title 4; |
|
|
(D) placing the child with a relative or |
|
|
designated caregiver or with a caregiver under a parental child |
|
|
safety placement agreement authorized by Subchapter L, Chapter 264: |
|
|
(i) was offered but refused; |
|
|
(ii) was not possible because there was no |
|
|
time, consistent with the physical health or safety of the child and |
|
|
the nature of the emergency, to conduct the caregiver evaluation; |
|
|
or |
|
|
(iii) would pose an immediate danger to the |
|
|
physical health or safety of the child; and |
|
|
(E) active [reasonable] efforts, consistent with |
|
|
the circumstances and providing for the safety of the child, were |
|
|
made to prevent or eliminate the need for the removal of the child. |
|
|
SECTION 9. Section 262.105(c), Family Code, as amended by |
|
|
Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th |
|
|
Legislature, Regular Session, 2023, is reenacted and amended to |
|
|
read as follows: |
|
|
(c) The affidavit required by Subsection (b) must describe |
|
|
with specificity in a separate section all active [reasonable] |
|
|
efforts, consistent with the circumstances and providing for the |
|
|
safety of the child, that were made to prevent or eliminate the need |
|
|
for the removal of the child. |
|
|
SECTION 10. Sections 262.107(a) and (c), Family Code, are |
|
|
amended to read as follows: |
|
|
(a) The court shall order the return of the child at the |
|
|
initial hearing regarding a child taken in possession without a |
|
|
court order by a governmental entity unless the court is satisfied |
|
|
that: |
|
|
(1) the evidence shows that one of the following |
|
|
circumstances exists: |
|
|
(A) there is a continuing danger to the physical |
|
|
health or safety of the child if the child is returned to the |
|
|
parent, managing conservator, possessory conservator, guardian, |
|
|
caretaker, or custodian who is presently entitled to possession of |
|
|
the child; |
|
|
(B) the child has been the victim of sexual abuse |
|
|
or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one |
|
|
or more occasions and that there is a substantial risk that the |
|
|
child will be the victim of sexual abuse or of trafficking in the |
|
|
future; |
|
|
(C) the parent or person who has possession of |
|
|
the child is currently using a controlled substance as defined by |
|
|
Chapter 481, Health and Safety Code, and the use constitutes an |
|
|
immediate danger to the physical health or safety of the child; or |
|
|
(D) the parent or person who has possession of |
|
|
the child has permitted the child to remain on premises used for the |
|
|
manufacture of methamphetamine; |
|
|
(2) continuation of the child in the home would be |
|
|
contrary to the child's welfare; |
|
|
(3) the child would not be adequately protected in the |
|
|
child's home with an order for the removal of the alleged |
|
|
perpetrator under Section 262.1015 or 262.1016 or a protective |
|
|
order issued under Title 4; |
|
|
(4) placing the child with a relative or designated |
|
|
caregiver or with a caregiver under a parental child safety |
|
|
placement agreement authorized by Subchapter L, Chapter 264: |
|
|
(A) was offered but refused; |
|
|
(B) was not possible because there was no time, |
|
|
consistent with the physical health or safety of the child and the |
|
|
nature of the emergency, to conduct the caregiver evaluation; or |
|
|
(C) would pose an immediate danger to the |
|
|
physical health or safety of the child; and |
|
|
(5) active [reasonable] efforts, consistent with the |
|
|
circumstances and providing for the safety of the child, were made |
|
|
to prevent or eliminate the need for removal of the child. |
|
|
(c) If the court does not order the return of the child at an |
|
|
initial hearing under Subsection (a), the court must describe in |
|
|
writing and in a separate section the active [reasonable] efforts, |
|
|
consistent with the circumstances and providing for the safety of |
|
|
the child, that were made to prevent or eliminate the need for the |
|
|
removal of the child. |
|
|
SECTION 11. Sections 262.201(g), (g-1), and (g-2), Family |
|
|
Code, are amended to read as follows: |
|
|
(g) In a suit filed under Section 262.101 or 262.105, at the |
|
|
conclusion of the full adversary hearing, the court shall order the |
|
|
return of the child to the parent, managing conservator, possessory |
|
|
conservator, guardian, caretaker, or custodian entitled to |
|
|
possession from whom the child is removed unless the court finds |
|
|
sufficient evidence to satisfy a person of ordinary prudence and |
|
|
caution that: |
|
|
(1) there was a danger to the physical health or safety |
|
|
of the child, including a danger that the child would be a victim of |
|
|
trafficking under Section 20A.02 or 20A.03, Penal Code, which was |
|
|
caused by an act or failure to act of the person entitled to |
|
|
possession and for the child to remain in the home is contrary to |
|
|
the welfare of the child; |
|
|
(2) the urgent need for protection required the |
|
|
immediate removal of the child and active [reasonable] efforts, |
|
|
consistent with the circumstances and providing for the safety of |
|
|
the child, were made to eliminate or prevent the child's removal; |
|
|
and |
|
|
(3) active [reasonable] efforts have been made to |
|
|
enable the child to return home, but there is a substantial risk of |
|
|
a continuing danger if the child is returned home. |
|
|
(g-1) In a suit filed under Section 262.101 or 262.105, if |
|
|
the court does not order the return of the child under Subsection |
|
|
(g) and finds that another parent, managing conservator, possessory |
|
|
conservator, guardian, caretaker, or custodian entitled to |
|
|
possession did not cause the immediate danger to the physical |
|
|
health or safety of the child or was not the perpetrator of the |
|
|
neglect or abuse alleged in the suit, the court shall order |
|
|
possession of the child by that person unless the court finds |
|
|
sufficient evidence to satisfy a person of ordinary prudence and |
|
|
caution that, specific to each person entitled to possession: |
|
|
(1) the person cannot be located after the exercise of |
|
|
due diligence by the Department of Family and Protective Services, |
|
|
or the person is unable or unwilling to take possession of the |
|
|
child; or |
|
|
(2) active [reasonable] efforts have been made to |
|
|
enable the person's possession of the child, but possession by that |
|
|
person presents a continuing danger to the physical health or |
|
|
safety of the child caused by an act or failure to act of the person, |
|
|
including a danger that the child would be a victim of trafficking |
|
|
under Section 20A.02 or 20A.03, Penal Code. |
|
|
(g-2) If, at the conclusion of a full adversary hearing, the |
|
|
court renders an order under Subsection (g) or (g-1), the court must |
|
|
describe in writing and in a separate section: |
|
|
(1) the active [reasonable] efforts that were made to |
|
|
enable the child to return home and the substantial risk of a |
|
|
continuing danger if the child is returned home, as required by |
|
|
Subsection (g)(3); or |
|
|
(2) the active [reasonable] efforts that were made to |
|
|
enable a person's possession of the child and the continuing danger |
|
|
to the physical health or safety of the child as required by |
|
|
Subsection (g-1)(2). |
|
|
SECTION 12. Sections 262.2015(a), (c), and (d), Family |
|
|
Code, are amended to read as follows: |
|
|
(a) The court may waive the requirement of a service plan |
|
|
and the requirement to make active [reasonable] efforts to return |
|
|
the child to a parent and may accelerate the trial schedule to |
|
|
result in a final order for a child under the care of the Department |
|
|
of Family and Protective Services at an earlier date than provided |
|
|
by Subchapter D, Chapter 263, if the court finds that the parent has |
|
|
subjected the child to aggravated circumstances. |
|
|
(c) On finding that active [reasonable] efforts to make it |
|
|
possible for the child to safely return to the child's home are not |
|
|
required, the court shall at any time before the 30th day after the |
|
|
date of the finding, conduct an initial permanency hearing under |
|
|
Subchapter D, Chapter 263. Separate notice of the permanency plan |
|
|
is not required but may be given with a notice of a hearing under |
|
|
this section. |
|
|
(d) The Department of Family and Protective Services shall |
|
|
make active [reasonable] efforts to finalize the permanent |
|
|
placement of a child for whom the court has made the finding |
|
|
described by Subsection (c). The court shall set the suit for |
|
|
trial on the merits as required by Subchapter D, Chapter 263, in |
|
|
order to facilitate final placement of the child. |
|
|
SECTION 13. 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 active [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; |
|
|
(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 14. 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 active |
|
|
[reasonable] efforts to finalize the permanency plan, including the |
|
|
concurrent permanency goals, in effect for the child; |
|
|
(D) whether the child has been provided the |
|
|
opportunity, in a developmentally appropriate manner, to express |
|
|
the child's opinion on any medical care provided; |
|
|
(E) whether the child has been provided the |
|
|
opportunity, in a developmentally appropriate manner, to identify |
|
|
any adults, particularly an adult residing in the child's |
|
|
community, who could be a relative or designated caregiver for the |
|
|
child; |
|
|
(F) for a child receiving psychotropic |
|
|
medication, whether the child: |
|
|
(i) has been provided appropriate |
|
|
nonpharmacological interventions, therapies, or strategies to meet |
|
|
the child's needs; or |
|
|
(ii) has been seen by the prescribing |
|
|
physician, physician assistant, or advanced practice nurse at least |
|
|
once every 90 days; |
|
|
(G) whether an education decision-maker for the |
|
|
child has been identified, the child's education needs and goals |
|
|
have been identified and addressed, and there have been major |
|
|
changes in the child's school performance or there have been |
|
|
serious disciplinary events; |
|
|
(H) for a child 14 years of age or older, whether |
|
|
services that are needed to assist the child in transitioning from |
|
|
substitute care to independent living are available in the child's |
|
|
community; |
|
|
(I) for a child whose permanency goal is another |
|
|
planned permanent living arrangement: |
|
|
(i) the desired permanency outcome for the |
|
|
child, by asking the child; |
|
|
(ii) whether, as of the date of the hearing, |
|
|
another planned permanent living arrangement is the best permanency |
|
|
plan for the child and, if so, provide compelling reasons why it |
|
|
continues to not be in the best interest of the child to: |
|
|
(a) return home; |
|
|
(b) be placed for adoption; |
|
|
(c) be placed with a legal guardian; |
|
|
or |
|
|
(d) be placed with a fit and willing |
|
|
relative; |
|
|
(iii) whether the department has conducted |
|
|
an independent living skills assessment under Section |
|
|
264.121(a-3); |
|
|
(iv) whether the department has addressed |
|
|
the goals identified in the child's permanency plan, including the |
|
|
child's housing plan, and the results of the independent living |
|
|
skills assessment; |
|
|
(v) if the youth is 16 years of age or |
|
|
older, whether there is evidence that the department has provided |
|
|
the youth with the documents and information listed in Section |
|
|
264.121(e); and |
|
|
(vi) if the youth is 18 years of age or |
|
|
older or has had the disabilities of minority removed, whether |
|
|
there is evidence that the department has provided the youth with |
|
|
the documents and information listed in Section 264.121(e-1); |
|
|
(J) based on the court's determination under |
|
|
Section 263.002, whether continued placement is appropriate if the |
|
|
child is placed in a residential treatment center; and |
|
|
(K) based on the court's determination under |
|
|
Section 263.00201, whether continued placement is appropriate if |
|
|
the child is placed in a qualified residential treatment program; |
|
|
(6) determine whether to return the child to the |
|
|
child's parents 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 15. 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 active [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; |
|
|
(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 16. Section 263.602(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) A court with extended jurisdiction over a young adult in |
|
|
extended foster care shall conduct extended foster care review |
|
|
hearings every six months for the purpose of reviewing and making |
|
|
findings regarding: |
|
|
(1) whether the young adult's living arrangement is |
|
|
safe and appropriate and whether the department has made active |
|
|
[reasonable] efforts to place the young adult in the least |
|
|
restrictive environment necessary to meet the young adult's needs; |
|
|
(2) whether the department is making active |
|
|
[reasonable] efforts to finalize the permanency plan that is in |
|
|
effect for the young adult, including a permanency plan for |
|
|
independent living; |
|
|
(3) whether, for a young adult whose permanency plan |
|
|
is independent living: |
|
|
(A) the young adult participated in the |
|
|
development of the plan of service; |
|
|
(B) the young adult's plan of service reflects |
|
|
the independent living skills and appropriate services needed to |
|
|
achieve independence by the projected date; and |
|
|
(C) the young adult continues to make reasonable |
|
|
progress in developing the skills needed to achieve independence by |
|
|
the projected date; and |
|
|
(4) whether additional services that the department is |
|
|
authorized to provide are needed to meet the needs of the young |
|
|
adult. |
|
|
SECTION 17. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 18. This Act takes effect September 1, 2025. |