H.B. No. 957
1-1 AN ACT
1-2 relating to the review of placement of a child under the care of
1-3 the Department of Protective and Regulatory Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 18, Family Code, is amended to read as
1-6 follows:
1-7 CHAPTER 18. REVIEW OF PLACEMENT OF CHILDREN UNDER
1-8 THE CARE OF THE DEPARTMENT OF PROTECTIVE AND REGULATORY
1-9 <HUMAN> SERVICES
1-10 Sec. 18.01. GENERAL PROVISIONS; DEFINITIONS. (a) In this
1-11 chapter:
1-12 (1) "Department" means the Department of Protective
1-13 and Regulatory Services.
1-14 (2) "Child's home" means the place of residence of the
1-15 child's parents.
1-16 (b) In the preparation and review of a service plan under
1-17 Sections 18.02-18.10 of this code and in Subsection (a)(2) of this
1-18 section, a reference to the parents of the child includes both
1-19 parents of the child unless the child has only one parent or
1-20 unless, after due diligence by the department in attempting to
1-21 locate a parent, only one parent is located, in which case the
1-22 reference is to the remaining parent.
1-23 Sec. 18.02. REVIEW OF PLACEMENTS BY COURT OF CONTINUING
2-1 JURISDICTION. <(a)> In a suit affecting the parent-child
2-2 relationship in which the department <Texas Department of Human
2-3 Services> or any authorized agency has been named by the court or
2-4 in an affidavit of relinquishment of parental rights as the
2-5 managing conservator of a child, the court shall hold a hearing to
2-6 review the conservatorship appointment and the department's or
2-7 authorized agency's placement of the child <by the department or
2-8 authorized agency> in foster home care, group home care, or
2-9 institutional care.
2-10 Sec. 18.03. SERVICE PLAN; CONTENTS. (a) Not later than the
2-11 45th day after the date of the conclusion of a hearing under
2-12 Section 17.04 of this code, the department or other agency named
2-13 the managing conservator of a child shall file a service plan.
2-14 (b) The service plan shall:
2-15 (1) be specific;
2-16 (2) be in writing;
2-17 (3) be prepared by the department or other agency in
2-18 conference with the child's parents;
2-19 (4) state any appropriate deadlines;
2-20 (5) state whether the goal of the plan is:
2-21 (A) return of the child to the child's parents;
2-22 (B) termination of parental rights and placement
2-23 of the child for adoption; or
2-24 (C) because of the child's special needs or
2-25 exceptional circumstances, continuation of the child's care out of
3-1 the child's home;
3-2 (6) state the steps that are necessary to:
3-3 (A) return the child to the child's home if the
3-4 placement is in foster care;
3-5 (B) enable the child to remain in the child's
3-6 home with the assistance of a service plan if the placement is in
3-7 the home under the department's or other agency's supervision; or
3-8 (C) otherwise provide a permanent safe placement
3-9 for the child;
3-10 (7) state the actions and responsibilities that are
3-11 necessary for the child's parents to take to achieve the plan goal
3-12 during the period of the service plan and the assistance to be
3-13 provided to the parents by the department or other authorized
3-14 agency toward meeting that goal;
3-15 (8) give the name of the person with the department or
3-16 other agency whom the child's parents may contact for information
3-17 relating to the child if other than the person preparing the plan;
3-18 and
3-19 (9) prescribe any other term or condition that the
3-20 department or other agency determines to be necessary to the
3-21 service plan's success.
3-22 (c) The service plan shall include the following statement:
3-23 TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS
3-24 PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
3-25 ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN
4-1 THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE
4-2 YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR PARENTAL AND
4-3 CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR
4-4 TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
4-5 THERE WILL BE A COURT HEARING AT WHICH A JUDGE WILL
4-6 REVIEW THIS SERVICE PLAN.
4-7 (d) If both parents are available but do not live in the
4-8 same household and do not agree to cooperate with one another in
4-9 the development of a service plan for the child, the department in
4-10 preparing the service plan may provide for the care of the child in
4-11 the home of either parent or the homes of both parents as the best
4-12 interest of the child requires.
4-13 Sec. 18.04. SERVICE PLAN: SIGNING AND TAKING EFFECT. (a)
4-14 Before the service plan is signed, the child's parents and the
4-15 representative of the department or other agency shall discuss each
4-16 term and condition of the plan.
4-17 (b) The child's parents and the person preparing the service
4-18 plan shall sign the plan, and the department shall give each parent
4-19 a copy of the service plan.
4-20 (c) The plan takes effect when:
4-21 (1) the child's parents and the appropriate
4-22 representative of the department or other authorized agency sign
4-23 the plan; or
4-24 (2) the department or other authorized agency
4-25 determines that the child's parents are unable or unwilling to sign
5-1 the plan.
5-2 (d) The service plan is in effect until the court amends it.
5-3 Sec. 18.05. AMENDED SERVICE PLAN. (a) At any time after
5-4 the service plan is filed, the parties may agree to an amended
5-5 service plan.
5-6 (b) The amended service plan supersedes the previously filed
5-7 service plan and takes effect when:
5-8 (1) the child's parents and the appropriate
5-9 representative of the department or other authorized agency sign
5-10 the plan; or
5-11 (2) the department or other authorized agency
5-12 determines that the child's parents are unable or unwilling to sign
5-13 the plan.
5-14 (c) The amended service plan remains in effect until the
5-15 court amends it.
5-16 Sec. 18.06. REVIEW OF SERVICE PLAN. (a) The service plan
5-17 currently in effect shall be filed with the court along with the
5-18 next required status report.
5-19 (b) The court shall review the plan at the next required
5-20 hearing under this chapter after the plan is filed.
5-21 Sec. 18.07. STATUS HEARING. (a) Not later than the 60th
5-22 day after the date of a hearing under Section 17.04 of this code,
5-23 the court shall hold a status hearing.
5-24 (b) If all parties entitled to notice under Section 18.12 of
5-25 this code were not served, the court shall make findings as to
6-1 whether:
6-2 (1) the department or other agency has exercised due
6-3 diligence to locate all necessary persons; and
6-4 (2) if only one parent is before the court, that
6-5 parent has furnished to the department all available information
6-6 necessary to locate any absent parent through the federal parental
6-7 locator service.
6-8 (c) The court shall review the service plan that the
6-9 department or other agency filed under Section 18.03 of this code
6-10 for reasonableness, accuracy, and compliance with requirements of
6-11 court orders and make findings as to whether:
6-12 (1) a plan that has the goal of returning the child to
6-13 the child's parents adequately ensures that reasonable efforts are
6-14 made to enable the child's parents to provide a safe environment
6-15 for the child; and
6-16 (2) the child's parents have reviewed and understand
6-17 the service plan and have been advised that unless the parents are
6-18 willing and able to provide the child with a safe environment, even
6-19 with the assistance of a service plan, within the reasonable period
6-20 of time specified in the plan, the parents' parental and custodial
6-21 duties and rights may be subject to restriction or to termination
6-22 under this code or the child may not be returned to the parents.
6-23 (d) The court shall advise the parties that progress under
6-24 the service plan will be reviewed at all subsequent hearings.
6-25 Sec. 18.08. INITIAL REVIEW HEARING. (a) Not later than the
7-1 180th day after the date of the conclusion of the hearing under
7-2 Section 17.04 of this code, the court shall hold a review hearing.
7-3 (b) Notice of a review hearing shall be given as provided by
7-4 Rule 21a, Texas Rules of Civil Procedure, to all persons entitled
7-5 to notice of the hearing.
7-6 (c) If a person entitled to notice under Section 11.09(a) or
7-7 18.12 of this code has not been served, the court shall review the
7-8 department's or other agency's efforts at attempting to locate all
7-9 necessary persons and requesting service of citation and the
7-10 assistance of any parent in providing information necessary to
7-11 locate an absent parent.
7-12 Sec. 18.09. REVIEW HEARINGS: PROCEDURE. (a) At each
7-13 review hearing the court shall:
7-14 (1) identify all persons or parties present at the
7-15 hearing or those given notice but failing to appear;
7-16 (2) consider all relevant information pertaining to
7-17 the factors under Section 18.15 of this code to determine whether
7-18 the child's parents are willing and able to provide the child with
7-19 a safe environment; and
7-20 (3) determine the extent to which the child's parents
7-21 have taken the necessary actions or responsibilities toward
7-22 achieving the plan goal during the period of the service plan and
7-23 the extent to which the department or other authorized agency has
7-24 provided assistance to the parents as provided in the service plan.
7-25 (b) At each review hearing the court also shall:
8-1 (1) determine whether the child's parents are willing
8-2 and able to provide the child with a safe environment without the
8-3 assistance of a service plan and, if so, return the child to the
8-4 parents;
8-5 (2) determine whether the child's parents are willing
8-6 and able to provide the child with a safe environment with the
8-7 assistance of a service plan and, if so, return the child or
8-8 continue the placement of the child in the child's home under the
8-9 department's or other agency's supervision;
8-10 (3) determine whether the child's parents are
8-11 presently unwilling or unable to provide the child with a safe
8-12 environment, even with the assistance of a service plan, and, if
8-13 so, order the child to remain under the department's or other
8-14 agency's managing conservatorship for a period of time specified by
8-15 the court;
8-16 (4) determine whether a long-term foster care
8-17 placement is in the child's best interest because of the child's
8-18 special needs or circumstances and, if so, begin a long-term foster
8-19 care placement;
8-20 (5) determine whether a child is 16 years of age or
8-21 older and, if so, order the services that are needed to assist the
8-22 child in making the transition from foster care to independent
8-23 living if the services are available in the community;
8-24 (6) determine whether the child has been placed with
8-25 the department under a voluntary placement agreement and, if so,
9-1 order that the department will institute further proceedings or
9-2 return the child to the parents;
9-3 (7) determine whether the department or authorized
9-4 agency has custody, care, and control of the child under an
9-5 affidavit of relinquishment of parental rights naming the
9-6 department or authorized agency managing conservator and, if so,
9-7 direct the department or authorized agency to institute further
9-8 proceedings; or
9-9 (8) determine whether parental rights to the child
9-10 have been terminated and, if so, determine whether the department
9-11 or authorized agency will attempt to place the child for adoption.
9-12 (c) In any case in which the court determines that a
9-13 disposition under Subsection (b)(3) of this section is appropriate,
9-14 the court shall make a finding that the child's parents understand
9-15 that unless the parents are willing and able to provide the child
9-16 with a safe environment, even with the assistance of a service
9-17 plan, the parents' parental and custodial duties and rights may be
9-18 subject to restriction or to termination under this code, and in
9-19 the case of a child residing in foster care for at least 18 months,
9-20 the court shall determine the appropriateness of the target date by
9-21 which the child may return home. The court may also enter any
9-22 further orders that are appropriate.
9-23 Sec. 18.10. SUBSEQUENT REVIEW HEARINGS. (a) Subsequent
9-24 review hearings <(b) The hearing> shall be held not earlier than
9-25 five and one-half months and not later than seven <twelve> months
10-1 after the date of the last hearing in the suit unless, for good
10-2 cause shown by any party, an earlier hearing is approved by the
10-3 court.
10-4 <(c) Not earlier than five and one-half months and not later
10-5 than seven months after the date of the last hearing in the suit
10-6 the department shall:>
10-7 <(1) petition the court for a hearing; or>
10-8 <(2) conduct an administrative review of the placement
10-9 of the child and provide a written report concerning the results of
10-10 the review to the court and all parties to the suit.>
10-11 (b) At least 10 days before the date set for each review
10-12 hearing, the department or other authorized agency shall file with
10-13 the court a status report unless the court orders a different
10-14 period or orders that a report is not required for a specific
10-15 hearing. The report shall:
10-16 (1) evaluate all relevant information concerning each
10-17 of the guidelines under Section 18.15 of this code and the parties'
10-18 compliance with the service plan; and
10-19 (2) recommend one of the following actions:
10-20 (A) that the child be returned to the child's
10-21 home and that the suit be dismissed;
10-22 (B) that the child be returned to the child's
10-23 home with the department or other agency retaining conservatorship;
10-24 (C) that the child remain in foster care for a
10-25 specified period and that the child's parents continue to work
11-1 toward providing the child with a safe environment;
11-2 (D) that the child remain in foster care for a
11-3 specified period and that termination of parental rights be sought
11-4 under this code;
11-5 (E) that a child who has resided in foster care
11-6 for at least 18 months be placed or remain in permanent or
11-7 long-term foster care because of the child's special needs or
11-8 circumstances; or
11-9 (F) that other plans be made or other services
11-10 provided in accordance with the child's special needs or
11-11 circumstances.
11-12 (c) A parent whose parental rights are the subject of a suit
11-13 affecting the parent-child relationship, the attorney for that
11-14 parent, or the child's guardian ad litem may file a response to the
11-15 department's or other agency's report filed under Subsection (b) of
11-16 this section. A response must be filed not later than the third
11-17 day before the date of the hearing.
11-18 Sec. 18.11 <18.02>. VOLUNTARY PLACEMENTS: SUIT. (a) If a
11-19 parent, managing conservator, or guardian <of the person> of a
11-20 child who is not subject to the continuing jurisdiction of a court
11-21 under this title voluntarily agrees to surrender the custody, care,
11-22 or control of a child to the department <Texas Department of Human
11-23 Services>, the department, not later than 60 days after taking
11-24 possession of or exercising control of the child, shall file a suit
11-25 affecting the parent-child relationship under this title,
12-1 establishing a court of continuing jurisdiction for the child, and
12-2 requesting a review of the placement of the child in foster home
12-3 care, group home care, or institutional care.
12-4 (b) The petition shall state that the purpose of the suit is
12-5 to initiate periodic review of the necessity and propriety of the
12-6 child's placement in accordance with Sections 18.02-18.10 of this
12-7 code <of the child>. A copy of the agreement between the
12-8 department and the parent, managing conservator, or guardian of the
12-9 child shall be filed with the petition.
12-10 <(c) In addition to those persons listed in Section 11.09(a)
12-11 of this code as entitled to service of citation in a suit affecting
12-12 the parent-child relationship, a person listed in Section 18.03 of
12-13 this code is entitled to service of citation.>
12-14 <(d) The hearing shall be held not earlier than five and
12-15 one-half months and not later than twelve months after the date
12-16 that the department took possession of or exercised control over
12-17 the child unless, for good cause shown by any party, an earlier
12-18 hearing is approved by the court.>
12-19 <(e) Not earlier than five and one-half months and not later
12-20 than seven months after the date the department took possession of
12-21 or exercised control over the child the department shall:>
12-22 <(1) petition the court for a hearing; or>
12-23 <(2) conduct an administrative review of the placement
12-24 of the child and provide a written report concerning the results of
12-25 the review to the court and all parties to the suit.>
13-1 Sec. 18.12 <18.03>. PERSONS ENTITLED TO NOTICE. The
13-2 following persons are entitled to at least 10 days' notice of a
13-3 hearing to review a child's <child> placement and are entitled to
13-4 present evidence and be heard at the hearing:
13-5 (1) the department <Texas Department of Human
13-6 Services>;
13-7 (2) the foster parent or director of the group home or
13-8 institution where the child is residing;
13-9 (3) each parent of the child;
13-10 (4) the managing conservator or guardian of the
13-11 <person of the> child; and
13-12 (5) any other person or agency named by the court to
13-13 have an interest in the child's welfare <of the child>.
13-14 Sec. 18.13 <18.04>. WHEN CHILD IS AT HOME. (a) If the
13-15 department <Texas Department of Human Services> or authorized
13-16 agency returns a child to a parent for custody, care, or control,
13-17 the department or authorized agency shall notify the court having
13-18 continuing jurisdiction of the suit of the department's action
13-19 and, so long as the child remains under the custody, care, or
13-20 control of the parent, no review of that placement is required
13-21 under this chapter.
13-22 (b) If a child has been returned to a parent and if the
13-23 department or authorized agency resumes the custody, care, or
13-24 control of the child or designates any person other than a parent
13-25 to have the custody, care, or control of the child, the department
14-1 or authorized agency shall notify the court of its action.
14-2 (c) If the department or authorized agency resumes the
14-3 custody, care, or control of the child or designates a person other
14-4 than a parent to have the custody, care, or control of the child
14-5 within three months after returning the child to a parent, the
14-6 period that that child was under the custody, care, or control of
14-7 his or her parent shall not be considered in determining the date
14-8 for the next placement review hearing.
14-9 Sec. 18.14 <18.05>. Child's Attendance at Hearing. The
14-10 court <in its discretion> may dispense with the attendance of the
14-11 child at a placement review hearing.
14-12 Sec. 18.15 <18.06>. FACTORS IN DETERMINING BEST INTEREST
14-13 <DISPOSITION> OF CHILD. (a) In considering the factors
14-14 established by this section, the prompt and permanent placement of
14-15 the child in a safe environment is presumed to be in the child's
14-16 best interest.
14-17 (b) The following factors should be considered by the court,
14-18 the department, and other authorized agencies in determining
14-19 whether the child's parents are willing and able to provide the
14-20 child with a safe environment:
14-21 (1) the child's age and physical and mental
14-22 vulnerabilities;
14-23 (2) the frequency and nature of out-of-home
14-24 placements;
14-25 (3) the magnitude, frequency, and circumstances of the
15-1 harm to the child;
15-2 (4) whether the child has been the victim of repeated
15-3 harm after the initial report and intervention by the department or
15-4 other agency;
15-5 (5) whether the child is fearful of living in or
15-6 returning to the child's home;
15-7 (6) the results of psychiatric, psychological, or
15-8 developmental evaluations of the child, the child's parents, other
15-9 family members, or others who have access to the child's home;
15-10 (7) whether there is a history of abusive or
15-11 assaultive conduct by the child's family or others who have access
15-12 to the child's home;
15-13 (8) whether there is a history of substance abuse by
15-14 the child's family or others who have access to the child's home;
15-15 (9) whether the perpetrator of the harm to the child
15-16 is identified;
15-17 (10) the willingness and ability of the child's family
15-18 to seek out, accept, and complete counseling services and to
15-19 cooperate with and facilitate an appropriate agency's close
15-20 supervision;
15-21 (11) the willingness and ability of the child's family
15-22 to effect positive environmental and personal changes within a
15-23 reasonable period of time;
15-24 (12) whether the child's family demonstrates adequate
15-25 parenting skills, including providing the child and other children
16-1 under the family's care with:
16-2 (A) minimally adequate health and nutritional
16-3 care;
16-4 (B) care, nurturance, and appropriate discipline
16-5 consistent with the child's physical and psychological development;
16-6 (C) guidance and supervision consistent with the
16-7 child's safety;
16-8 (D) a safe physical home environment;
16-9 (E) protection from repeated exposure to
16-10 violence even though the violence may not be directed at the child;
16-11 and
16-12 (F) an understanding of the child's needs and
16-13 capabilities; and
16-14 (13) whether an adequate social support system
16-15 consisting of an extended family and friends is available to the
16-16 child.
16-17 (c) In the case of a child 16 years of age or older, the
16-18 following guidelines should be considered by the court in
16-19 determining whether to adopt the permanency plan submitted by the
16-20 department:
16-21 (1) whether the permanency plan submitted to the court
16-22 includes the services planned for the child to make the transition
16-23 from foster care to independent living; and
16-24 (2) whether this transition is in the best interest of
16-25 the child.
17-1 Sec. 18.16. REVIEW AFTER TERMINATION OR RELINQUISHMENT OF
17-2 PARENTAL RIGHTS. If <At the conclusion of a placement review
17-3 hearing under this chapter, the court, in accordance with the best
17-4 interest of the child, may order:>
17-5 <(1) that the foster care, group home care, or
17-6 institutional care be continued;>
17-7 <(2) that the child be returned to his or her parent
17-8 or guardian;>
17-9 <(3) if the child has been placed with the Texas
17-10 Department of Human Services under a voluntary agreement, that the
17-11 department institute further proceedings to appoint the department
17-12 as managing conservator or to terminate parental rights in order to
17-13 provide permanent placement for the child or to make the child
17-14 available for adoption;>
17-15 <(4) if> the parental rights to a <of the> child have
17-16 <already> been terminated and the child is eligible for adoption or
17-17 the department or authorized agency has custody, care, and control
17-18 of a <the> child under an affidavit of relinquishment of parental
17-19 rights naming the department or authorized agency as managing
17-20 conservator, the court shall review the department's or authorized
17-21 agency's efforts <that the department or authorized agency attempt>
17-22 to place the child for adoption at least once every six months<; or>
17-23 <(5) the Texas Department of Human Services or
17-24 authorized agency to provide services to ensure that every effort
17-25 has been made to enable the parents to provide a family for their
18-1 own children>.
18-2 SECTION 2. The importance of this legislation and the
18-3 crowded condition of the calendars in both houses create an
18-4 emergency and an imperative public necessity that the
18-5 constitutional rule requiring bills to be read on three several
18-6 days in each house be suspended, and this rule is hereby suspended,
18-7 and that this Act take effect and be in force from and after its
18-8 passage, and it is so enacted.