By McDonald H.B. No. 957
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the review of placement of a child under the care of
1-3 the Texas Department of Human 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 THE
1-8 CARE OF THE DEPARTMENT OF HUMAN SERVICES
1-9 Sec. 18.01. Review of Placements by Court of Continuing
1-10 Jurisdiction. <(a)> In a suit affecting the parent-child
1-11 relationship in which the Texas Department of Human Services or any
1-12 authorized agency has been named by the court or in an affidavit of
1-13 relinquishment of parental rights as the temporary or permanent
1-14 managing conservator of a child, the court shall hold a hearing to
1-15 review the conservatorship appointment and the department's or
1-16 authorized agency's placement of the child <by the department or
1-17 authorized agency> in foster home care, group home care, or
1-18 institutional care.
1-19 Sec. 18.02. SERVICE PLAN. (a) Not later than the 30th day
1-20 after the date of the conclusion of a hearing at which the Texas
1-21 Department of Human Services or other authorized agency is named
1-22 the temporary or permanent managing conservator of a child in a
1-23 suit affecting the parent-child relationship, the department or
2-1 other agency must file a service plan.
2-2 (b) The service plan must:
2-3 (1) be specific;
2-4 (2) be in writing;
2-5 (3) be prepared by the department or other agency;
2-6 (4) be given to the parents and any other members of
2-7 the child's family whom the agency considers necessary to the
2-8 success of the plan;
2-9 (5) state any appropriate deadlines;
2-10 (6) state the steps that are necessary to:
2-11 (A) return the child to the child's home if the
2-12 proposed placement is in foster care;
2-13 (B) enable the child to remain in the child's
2-14 home with the assistance of a service plan if the proposed
2-15 placement is in the home under the department's or other agency's
2-16 supervision; or
2-17 (C) enable the parents to provide a safe
2-18 environment for the child, to terminate the department's or other
2-19 agency's interventions into the family, and to eliminate, if
2-20 possible, the necessity for filing a petition with the court under
2-21 Section 15.02 of this code;
2-22 (7) state the services or treatment that will be
2-23 provided to the parents and the actions and responsibilities that
2-24 the parents must take;
2-25 (8) describe the consequences that may result from the
3-1 parents' success or failure in complying with each provision of the
3-2 service plan, including the fact that unless the parents are
3-3 willing and able to provide the child with a safe environment
3-4 within the reasonable period specified in the plan, their parental
3-5 and custodial duties and rights may be subject to restriction or to
3-6 termination under this code;
3-7 (9) give the name of the person with the department or
3-8 other agency whom the parent may contact for information relating
3-9 to the child; and
3-10 (10) prescribe any other term or condition that the
3-11 department or other agency determines to be necessary to the
3-12 service plan's success.
3-13 (c) Before the service plan is filed, the department or
3-14 other agency must thoroughly explain each term and condition of the
3-15 plan to each parent and any member of the child's family whom the
3-16 department or other agency determines necessary to the success of
3-17 the service plan. Each parent and designated family member must
3-18 receive a copy of the service plan.
3-19 (d) The court must make a finding that the parents have
3-20 reviewed the service plan and have been advised and understand that
3-21 unless the parents are willing to provide the child with a safe
3-22 environment, even with the assistance of a service plan, within the
3-23 reasonable period of time specified in the plan, their parental and
3-24 custodial duties and rights may be subject to restriction or to
3-25 termination under this code.
4-1 (e) Not later than the 15th day after the date a service
4-2 plan is filed, any party may move the court to reject the service
4-3 plan as unworkable or unreasonable. If the court grants the
4-4 motion, the department or other agency shall file a new service
4-5 plan not later than the 10th day after the date the plan is
4-6 rejected.
4-7 (f) At any time after the service plan is filed, the parties
4-8 may agree to file an amended service plan. With the court's
4-9 approval, the amended service plan supersedes the previously filed
4-10 service plan.
4-11 Sec. 18.03. STATUS HEARING. (a) Not later than the 60th
4-12 day after a hearing at which the Texas Department of Human Services
4-13 or other authorized agency is named the temporary or permanent
4-14 managing conservator of a child, the court shall hold a status
4-15 hearing.
4-16 (b) If all parties entitled to notice under Section 18.08 of
4-17 this code were not served, the court shall make findings as to
4-18 whether the Texas Department of Human Services or other agency has
4-19 exercised due diligence to locate all necessary persons.
4-20 (c) The court shall review the service plan that the
4-21 department or other agency filed under Section 18.02 of this code
4-22 and make findings as to:
4-23 (1) the adequacy of the plan in ensuring that
4-24 reasonable efforts are made to enable the parents to provide a safe
4-25 environment for the child; and
5-1 (2) the parents' understanding that their parental and
5-2 custodial duties and rights may be subject to restriction or to
5-3 termination under this code. The court shall advise the parties
5-4 that progress under the service plan shall be reviewed at all
5-5 subsequent hearings.
5-6 Sec. 18.04. INITIAL REVIEW HEARING. (a) Not later than the
5-7 180th day after the date of the conclusion of the hearing at which
5-8 the Texas Department of Human Services or other authorized agency
5-9 is named the temporary or permanent managing conservator of a
5-10 child, the court shall hold a review hearing.
5-11 (b) Notice of a review hearing shall be given in accordance
5-12 with Rule 21a, Texas Rules of Civil Procedure, to all persons
5-13 entitled to notice of the hearing.
5-14 (c) If a person entitled to service of citation under
5-15 Section 11.09(a) of this code has not been served, the court shall
5-16 review the department's or other agency's efforts at service of
5-17 citation. The court also shall make findings as to whether the
5-18 department or other agency has exercised due diligence to locate
5-19 all necessary persons.
5-20 Sec. 18.05. REVIEW HEARINGS: SUBSTANCE. (a) At each
5-21 review hearing, including the initial review hearing, the court
5-22 shall consider all relevant information pertaining to the
5-23 guidelines under Section 18.11 of this code to determine whether
5-24 the parents are willing and able to provide the child with a safe
5-25 environment and shall determine whether the Texas Department of
6-1 Human Services or other authorized agency and the parents have
6-2 complied with the service plan. The court also shall:
6-3 (1) determine whether the child's parents are willing
6-4 and able to provide the child with a safe environment without the
6-5 assistance of a service plan, and, if so, dismiss the petition and
6-6 return the child to the parents;
6-7 (2) determine whether the child's parents are willing
6-8 and able to provide the child with a safe environment with the
6-9 assistance of a service plan, and, if so, return the child or
6-10 continue the placement of the child in the child's home under the
6-11 department's or other agency's supervision;
6-12 (3) if the child's parents are determined not to be
6-13 presently willing and able to provide the child with a safe
6-14 environment, even with the assistance of a service plan, order the
6-15 child to remain under the department's or other agency's managing
6-16 conservatorship for a time specified by the court;
6-17 (4) determine whether a long-term foster care
6-18 placement is in the child's best interest because of the child's
6-19 special needs or circumstances and, if so, continue or begin a
6-20 permanent or long-term foster care placement;
6-21 (5) determine for a child 16 years or older what
6-22 services are needed to assist the child in making the transition
6-23 from foster care to independent living;
6-24 (6) determine whether the child has been placed with
6-25 the department under a voluntary agreement and, if so, determine
7-1 that the department will institute further proceedings to appoint
7-2 the department managing conservator or to terminate parental rights
7-3 in order to provide permanent placement for the child or to make
7-4 the child available for adoption; or
7-5 (7) determine whether parental rights to the child
7-6 have been terminated or the department or authorized agency has
7-7 custody, care, and control of the child under an affidavit of
7-8 relinquishment of parental rights naming the department or
7-9 authorized agency managing conservator and, if so, determine that
7-10 the department or authorized agency will attempt to place the child
7-11 for adoption.
7-12 (b) In any case in which the court determines that a
7-13 disposition under Subsection (a)(3) of this section is appropriate,
7-14 the court must make a finding that the parents understand that
7-15 unless they are willing and able to provide the child with a safe
7-16 environment, even with the assistance of a service plan, their
7-17 parental and custodial duties and rights may be subject to
7-18 restriction or to termination under this code. The court may also
7-19 enter any further orders that are appropriate.
7-20 Sec. 18.06. SUBSEQUENT REVIEW HEARINGS. (a) Subsequent
7-21 review hearings <(b) The hearing> shall be held not earlier than
7-22 five and one-half months and not later than six <twelve> months
7-23 after the date of the last hearing in the suit unless, for good
7-24 cause shown by any party, an earlier hearing is approved by the
7-25 court.
8-1 (b) <(c)> Not earlier than five and one-half months and not
8-2 later than seven months after the date of the last hearing in the
8-3 suit the department shall:
8-4 (1) petition the court for a hearing; or
8-5 (2) conduct an administrative review of the child's
8-6 placement <of the child> and provide a written report regarding
8-7 <concerning> the results of the review to the court and all parties
8-8 to the suit.
8-9 (c) At least 15 days before the date set for each review
8-10 hearing, the Texas Department of Human Services or other authorized
8-11 agency shall file a status report, unless the court orders a
8-12 different period or the court orders that no report is required for
8-13 a specific hearing. The status report shall:
8-14 (1) evaluate all relevant information concerning each
8-15 of the guidelines under Section 18.11 of this code and the parties'
8-16 compliance with the service plan; and
8-17 (2) recommend whether the court should order:
8-18 (A) that the child be returned home and that the
8-19 suit be dismissed;
8-20 (B) that the child be returned home with the
8-21 department or other agency retaining managing conservatorship;
8-22 (C) that the child remain in foster care and
8-23 that the parents continue to work toward providing the child with a
8-24 safe environment;
8-25 (D) that the child remain in foster care and
9-1 that termination of parental rights be sought under this code;
9-2 (E) that the child be placed or remain in
9-3 permanent or long-term foster care; or
9-4 (F) that other plans be made or other services
9-5 provided in accordance with the child's special needs or
9-6 circumstances.
9-7 (d) A parent whose parental rights are the subject of a suit
9-8 affecting the parent-child relationship, the attorney for that
9-9 parent, the child's guardian ad litem, or the child's attorney ad
9-10 litem may file a response to the department's or other agency's
9-11 status report. A response must be filed no later than the third
9-12 day before the date of the hearing unless leave of court is given
9-13 to file the report at a later date.
9-14 Sec. 18.07 <18.02>. Voluntary Placements: Suit. (a) If a
9-15 parent, managing conservator, or guardian <of the person> of a
9-16 child who is not subject to the continuing jurisdiction of a court
9-17 under this title voluntarily agrees to surrender the custody, care,
9-18 or control of a child to the Texas Department of Human Services,
9-19 the department, not later than 60 days after taking possession of
9-20 or exercising control of the child, shall file a suit affecting
9-21 the parent-child relationship under this title, establishing a
9-22 court of continuing jurisdiction for the child, and requesting a
9-23 review of the placement of the child in foster home care, group
9-24 home care, or institutional care.
9-25 (b) The petition shall state that the purpose of the suit is
10-1 to initiate periodic review of the necessity and propriety of the
10-2 child's placement in accordance with Sections 18.01 through 18.06
10-3 of this code <of the child>. A copy of the agreement between the
10-4 department and the parent, managing conservator, or guardian of
10-5 the child shall be filed with the petition.
10-6 <(c) In addition to those persons listed in Section 11.09
10-7 (a) of this code as entitled to service of citation in a suit
10-8 affecting the parent-child relationship, a person listed in Section
10-9 18.03 of this code is entitled to service of citation.>
10-10 <(d) The hearing shall be held not earlier than five and
10-11 one-half months and not later than twelve months after the date
10-12 that the department took possession of or exercised control over
10-13 the child unless, for good cause shown by any party, an earlier
10-14 hearing is approved by the court.>
10-15 <(e) Not earlier than five and one-half months and not later
10-16 than seven months after the date the department took possession of
10-17 or exercised control over the child the department shall:>
10-18 <(1) petition the court for a hearing; or>
10-19 <(2) conduct an administrative review of the placement
10-20 of the child and provide a written report concerning the results of
10-21 the review to the court and all parties to the suit.>
10-22 Sec. 18.08 <18.03>. Persons Entitled to Notice. The
10-23 following persons are entitled to at least 10 days' notice of a
10-24 hearing to review a child's <child> placement and are entitled to
10-25 present evidence and be heard at the hearing:
11-1 (1) the Texas Department of Human Services;
11-2 (2) the foster parent or director of the group home or
11-3 institution where the child is residing;
11-4 (3) each parent of the child;
11-5 (4) the managing conservator or guardian <of the
11-6 person> of the child; and
11-7 (5) any other person or agency named by the court to
11-8 have an interest in the child's welfare <of the child>.
11-9 Sec. 18.09 <18.04>. When Child Is at Home. (a) If the
11-10 Texas Department of Human Services or authorized agency returns a
11-11 child to a parent for custody, care, or control, the department or
11-12 authorized agency shall notify the court having <continuing>
11-13 jurisdiction of the child <suit> of the department's action and, so
11-14 long as the child remains under the custody, care, or control of
11-15 the parent, no review of that placement is required under this
11-16 chapter.
11-17 (b) If a child has been returned to a parent and if the
11-18 department or authorized agency resumes the custody, care, or
11-19 control of the child or designates any person other than a parent
11-20 to have the custody, care, or control of the child, the department
11-21 or authorized agency shall notify the court of its action.
11-22 (c) If the department or authorized agency resumes the
11-23 custody, care, or control of the child or designates a person other
11-24 than a parent to have the custody, care, or control of the child
11-25 within three months after returning the child to a parent, the
12-1 period that that child was under the custody, care, or control of
12-2 his or her parent shall not be considered in determining the date
12-3 for the next placement review hearing.
12-4 Sec. 18.10 <18.05>. Child's Attendance at Hearing. The
12-5 court <in its discretion> may dispense with the attendance of the
12-6 child at a placement review hearing.
12-7 Sec. 18.11 <18.06>. GUIDELINES <Disposition of Child>. In
12-8 considering the guidelines established by this section, it shall be
12-9 presumed that it is in the child's best interest to be promptly and
12-10 permanently placed in a safe environment that will not
12-11 significantly impair the child's physical health or emotional
12-12 development. The following guidelines should be considered by the
12-13 court, Texas Department of Human Services, and other authorized
12-14 agency in determining whether the child's parents are willing and
12-15 able to provide the child with a safe environment:
12-16 (1) the child's age and physical and mental
12-17 vulnerabilities;
12-18 (2) each date that the child was placed out of the
12-19 child's home and the date of each subsequent change in placement;
12-20 (3) the magnitude and frequency of the harm the child
12-21 suffered;
12-22 (4) whether the child has been the victim of repeated
12-23 harm after the initial report and intervention by the department or
12-24 other agency;
12-25 (5) whether the child is fearful of living in or
13-1 returning to the child's home;
13-2 (6) the results of psychiatric, psychological, or
13-3 developmental evaluations of the child, the parents, other family
13-4 members, or others who have access to the child's home;
13-5 (7) whether there is a history of abusive or
13-6 assaultive conduct by the child's family or others who have access
13-7 to the child's home;
13-8 (8) whether there is a history of substance abuse by
13-9 the child's family or others who have access to the child's home;
13-10 (9) whether the perpetrator of the harm to the child
13-11 is identified;
13-12 (10) the child's family's willingness and ability to
13-13 seek out, accept, and complete counseling services and to cooperate
13-14 with and facilitate an appropriate agency's close supervision;
13-15 (11) the child's family's willingness and ability to
13-16 effect positive environmental and personal changes within a
13-17 reasonable period of time;
13-18 (12) whether the child's family demonstrates adequate
13-19 parenting skills, such as providing the child and other children
13-20 under their care with:
13-21 (A) minimally adequate health and nutritional
13-22 care;
13-23 (B) care, nurturance, and appropriate discipline
13-24 consistent with the child's physical and psychological development;
13-25 (C) guidance and supervision consistent with the
14-1 child's safety;
14-2 (D) a safe physical home environment;
14-3 (E) protection from repeated exposure to
14-4 violence even though the violence may not be directed at the child;
14-5 and
14-6 (F) an understanding of the child's needs and
14-7 capabilities; and
14-8 (13) whether an adequate social support system
14-9 consisting of an extended family and friends is available to the
14-10 child.
14-11 Sec. 18.12. REVIEW AFTER TERMINATION OR RELINQUISHMENT OF
14-12 PARENTAL RIGHTS. If <At the conclusion of a placement review
14-13 hearing under this chapter, the court, in accordance with the best
14-14 interest of the child, may order:>
14-15 <(1) that the foster care, group home care, or
14-16 institutional care be continued;>
14-17 <(2) that the child be returned to his or her parent
14-18 or guardian;>
14-19 <(3) if the child has been placed with the Texas
14-20 Department of Human Services under a voluntary agreement, that the
14-21 department institute further proceedings to appoint the department
14-22 as managing conservator or to terminate parental rights in order to
14-23 provide permanent placement for the child or to make the child
14-24 available for adoption;>
14-25 <(4) if> the parental rights to a <of the> child have
15-1 <already> been terminated or the Texas Department of Human Services
15-2 <department> or authorized agency has custody, care, and control of
15-3 a <the> child under an affidavit of relinquishment of parental
15-4 rights naming the department or authorized agency as managing
15-5 conservator, the court shall review the department's or authorized
15-6 agency's efforts <that the department or authorized agency attempt>
15-7 to place the child for adoption at least once every six months<; or>
15-8 <(5) the Texas Department of Human Services or
15-9 authorized agency to provide services to ensure that every effort
15-10 has been made to enable the parents to provide a family for their
15-11 own children>.
15-12 SECTION 2. The importance of this legislation and the
15-13 crowded condition of the calendars in both houses create an
15-14 emergency and an imperative public necessity that the
15-15 constitutional rule requiring bills to be read on three several
15-16 days in each house be suspended, and this rule is hereby suspended,
15-17 and that this Act take effect and be in force from and after its
15-18 passage, and it is so enacted.