By: Luna S.B. No. 1390
73R8853 SMH-F
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 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
1-24 JURISDICTION. <(a)> In a suit affecting the parent-child
2-1 relationship in which the department <Texas Department of Human
2-2 Services> or any authorized agency has been named by the court or
2-3 in an affidavit of relinquishment of parental rights as the
2-4 managing conservator of a child, the court shall hold a hearing to
2-5 review the conservatorship appointment and the department's or
2-6 authorized agency's placement of the child <by the department or
2-7 authorized agency> in foster home care, group home care, or
2-8 institutional care.
2-9 Sec. 18.03. SERVICE PLAN; CONTENTS. (a) Not later than the
2-10 45th day after the date of the conclusion of a hearing under
2-11 Section 17.04 of this code, the department or other agency named
2-12 the managing conservator of a child shall file a service plan.
2-13 (b) The service plan shall:
2-14 (1) be specific;
2-15 (2) be in writing;
2-16 (3) be prepared by the department or other agency in
2-17 conference with the child's parents;
2-18 (4) state any appropriate deadlines;
2-19 (5) state whether the goal of the plan is:
2-20 (A) return of the child to the child's parents;
2-21 (B) termination of parental rights and placement
2-22 of the child for adoption; or
2-23 (C) because of the child's special needs or
2-24 exceptional circumstances, continuation of the child's care out of
2-25 the child's home;
2-26 (6) state the steps that are necessary to:
2-27 (A) return the child to the child's home if the
3-1 placement is in foster care;
3-2 (B) enable the child to remain in the child's
3-3 home with the assistance of a service plan if the placement is in
3-4 the home under the department's or other agency's supervision; or
3-5 (C) otherwise provide a permanent safe placement
3-6 for the child;
3-7 (7) state the actions and responsibilities that are
3-8 necessary for the child's parents to take to achieve the plan goal
3-9 during the period of the service plan and the assistance to be
3-10 provided to the parents by the department or other agency toward
3-11 meeting that goal;
3-12 (8) give the name of the person with the department or
3-13 other agency whom the child's parents may contact for information
3-14 relating to the child if other than the person preparing the plan;
3-15 and
3-16 (9) prescribe any other term or condition that the
3-17 department or other agency determines to be necessary to the
3-18 service plan's success.
3-19 (c) The service plan shall include the following statement:
3-20 TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS
3-21 PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
3-22 ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN
3-23 THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE
3-24 YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR PARENTAL AND
3-25 CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR
3-26 TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
3-27 THERE WILL BE A COURT HEARING AT WHICH A JUDGE WILL
4-1 REVIEW THIS SERVICE PLAN.
4-2 (d) If both parents are available but do not live in the
4-3 same household and do not agree to cooperate with one another in
4-4 the development of a service plan for the child, the department or
4-5 other agency in preparing the service plan may provide for the care
4-6 of the child in the home of either parent or the homes of both
4-7 parents as the best interest of the child requires.
4-8 Sec. 18.04. SERVICE PLAN: SIGNING AND TAKING EFFECT. (a)
4-9 Before the service plan is signed, the child's parents and the
4-10 representative of the department or other agency shall discuss each
4-11 term and condition of the plan.
4-12 (b) The child's parents and the person preparing the service
4-13 plan shall sign the plan, and the department or other agency shall
4-14 give each parent a copy of the service plan.
4-15 (c) The service plan takes effect when:
4-16 (1) the child's parents and the appropriate
4-17 representative of the department or other agency sign the plan; or
4-18 (2) the department or other agency determines that the
4-19 child's parents are unable or unwilling to sign the plan.
4-20 (d) The service plan is in effect until the court amends it.
4-21 Sec. 18.05. AMENDED SERVICE PLAN. (a) At any time after
4-22 the service plan is filed, the parties may agree to an amended
4-23 service plan.
4-24 (b) The amended service plan supersedes the previously filed
4-25 service plan and takes effect when:
4-26 (1) the child's parents and the appropriate
4-27 representative of the department or other agency sign the plan; or
5-1 (2) the department or other agency determines that the
5-2 child's parents are unable or unwilling to sign the plan.
5-3 (c) The amended service plan remains in effect until the
5-4 court amends it.
5-5 Sec. 18.06. REVIEW OF SERVICE PLAN. (a) The service plan
5-6 currently in effect shall be filed with the court along with the
5-7 next required status report.
5-8 (b) The court shall review the service plan at the next
5-9 required hearing under this chapter after the plan is filed.
5-10 Sec. 18.07. STATUS HEARING. (a) Not later than the 60th
5-11 day after the date of a hearing under Section 17.04 of this code,
5-12 the court shall hold a status hearing.
5-13 (b) If all parties entitled to notice under Section 18.12 of
5-14 this code were not served, the court shall make findings as to
5-15 whether:
5-16 (1) the department or other agency has exercised due
5-17 diligence to locate all necessary persons; and
5-18 (2) if only one parent is before the court, that
5-19 parent has furnished to the department all available information
5-20 necessary to locate any absent parent through the federal parental
5-21 locator service.
5-22 (c) The court shall review the service plan that the
5-23 department or other agency filed under Section 18.03 of this code
5-24 for reasonableness, accuracy, and compliance with requirements of
5-25 court orders and make findings as to whether:
5-26 (1) a plan that has the goal of returning the child to
5-27 the child's parents adequately ensures that reasonable efforts are
6-1 made to enable the child's parents to provide a safe environment
6-2 for the child; and
6-3 (2) the child's parents have reviewed and understand
6-4 the service plan and have been advised that unless the parents are
6-5 willing and able to provide the child with a safe environment, even
6-6 with the assistance of a service plan, within the reasonable period
6-7 of time specified in the plan, the parents' parental and custodial
6-8 duties and rights may be subject to restriction or to termination
6-9 under this code or the child may not be returned to the parents.
6-10 (d) The court shall advise the parties that progress under
6-11 the service plan will be reviewed at all subsequent hearings.
6-12 Sec. 18.08. INITIAL REVIEW HEARING. (a) Not later than the
6-13 180th day after the date of the conclusion of the hearing under
6-14 Section 17.04 of this code, the court shall hold a review hearing.
6-15 (b) Notice of a review hearing shall be given as provided by
6-16 Rule 21a, Texas Rules of Civil Procedure, to all persons entitled
6-17 to notice of the hearing.
6-18 (c) If a person entitled to notice under Section 11.09(a) or
6-19 18.12 of this code has not been served, the court shall review the
6-20 department's or other agency's efforts at attempting to locate all
6-21 necessary persons and requesting service of citation and the
6-22 assistance of any parent in providing information necessary to
6-23 locate an absent parent.
6-24 Sec. 18.09. REVIEW HEARINGS: PROCEDURE. (a) At each
6-25 review hearing the court shall:
6-26 (1) identify all persons or parties present at the
6-27 hearing or those given notice but failing to appear;
7-1 (2) consider all relevant information pertaining to
7-2 the factors under Section 18.15 of this code to determine whether
7-3 the child's parents are willing and able to provide the child with
7-4 a safe environment; and
7-5 (3) determine the extent to which the child's parents
7-6 have taken the necessary actions or responsibilities toward
7-7 achieving the plan goal during the period of the service plan and
7-8 the extent to which the department or other agency has provided
7-9 assistance to the parents as provided in the service plan.
7-10 (b) At each review hearing the court also shall:
7-11 (1) determine whether the child's parents are willing
7-12 and able to provide the child with a safe environment without the
7-13 assistance of a service plan and, if so, return the child to the
7-14 parents;
7-15 (2) determine whether the child's parents are willing
7-16 and able to provide the child with a safe environment with the
7-17 assistance of a service plan and, if so, return the child or
7-18 continue the placement of the child in the child's home under the
7-19 department's or other agency's supervision;
7-20 (3) determine whether the child's parents are
7-21 presently unwilling or unable to provide the child with a safe
7-22 environment, even with the assistance of a service plan, and, if
7-23 so, order the child to remain under the department's or other
7-24 agency's managing conservatorship for a period of time specified by
7-25 the court;
7-26 (4) determine whether a long-term foster care
7-27 placement is in the child's best interest because of the child's
8-1 special needs or circumstances and, if so, begin a long-term foster
8-2 care placement;
8-3 (5) determine whether a child is 16 years of age or
8-4 older and, if so, order the services that are needed to assist the
8-5 child in making the transition from foster care to independent
8-6 living if the services are available in the community;
8-7 (6) determine whether the child has been placed with
8-8 the department under a voluntary placement agreement and, if so,
8-9 order that the department will institute further proceedings or
8-10 return the child to the parents;
8-11 (7) determine whether the department or other agency
8-12 has custody, care, and control of the child under an affidavit of
8-13 relinquishment of parental rights naming the department or
8-14 authorized agency managing conservator and, if so, direct the
8-15 department or other agency to institute further proceedings; or
8-16 (8) determine whether parental rights to the child
8-17 have been terminated and, if so, determine whether the department
8-18 or other agency will attempt to place the child for adoption.
8-19 (c) In any case in which the court determines that a
8-20 disposition under Subsection (b)(3) of this section is appropriate,
8-21 the court shall make a finding that the child's parents understand
8-22 that unless the parents are willing and able to provide the child
8-23 with a safe environment, even with the assistance of a service
8-24 plan, the parents' parental and custodial duties and rights may be
8-25 subject to restriction or to termination under this code and, in
8-26 the case of a child residing in foster care for at least 18 months,
8-27 the court shall determine the appropriateness of the target date by
9-1 which the child may return home. The court may also enter any
9-2 further orders that are appropriate.
9-3 Sec. 18.10. SUBSEQUENT REVIEW HEARINGS. (a) Subsequent
9-4 review hearings <(b) The hearing> shall be held not earlier than
9-5 five and one-half months and not later than seven <twelve> months
9-6 after the date of the last hearing in the suit unless, for good
9-7 cause shown by any party, an earlier hearing is approved by the
9-8 court.
9-9 (b) <(c)> Not earlier than five and one-half months and not
9-10 later than seven months after the date of the last hearing in the
9-11 suit the department shall:
9-12 (1) petition the court for a hearing; or
9-13 (2) conduct an administrative review of the child's
9-14 placement <of the child> and provide a written report regarding
9-15 <concerning> the results of the review to the court and all parties
9-16 to the suit.
9-17 (c) At least 10 days before the date set for each review
9-18 hearing, the department or other agency shall file with the court a
9-19 status report unless the court orders a different period or orders
9-20 that a report is not required for a specific hearing. The report
9-21 shall:
9-22 (1) evaluate all relevant information concerning each
9-23 of the guidelines under Section 18.15 of this code and the parties'
9-24 compliance with the service plan; and
9-25 (2) recommend one of the following actions:
9-26 (A) that the child be returned to the child's
9-27 home and that the suit be dismissed;
10-1 (B) that the child be returned to the child's
10-2 home with the department or other agency retaining conservatorship;
10-3 (C) that the child remain in foster care for a
10-4 specified period and that the child's parents continue to work
10-5 toward providing the child with a safe environment;
10-6 (D) that the child remain in foster care for a
10-7 specified period and that termination of parental rights be sought
10-8 under this code;
10-9 (E) that a child who has resided in foster care
10-10 for at least 18 months be placed or remain in permanent or
10-11 long-term foster care because of the child's special needs or
10-12 circumstances; or
10-13 (F) that other plans be made or other services
10-14 provided in accordance with the child's special needs or
10-15 circumstances.
10-16 (d) A parent whose parental rights are the subject of a suit
10-17 affecting the parent-child relationship, the attorney for that
10-18 parent, or the child's guardian ad litem may file a response to the
10-19 department's or other agency's report filed under Subsection (c) of
10-20 this section. A response must be filed not later than the third
10-21 day before the date of the hearing.
10-22 Sec. 18.11 <18.02>. VOLUNTARY PLACEMENTS: SUIT. (a) If a
10-23 parent, managing conservator, or guardian <of the person> of a
10-24 child who is not subject to the continuing jurisdiction of a court
10-25 under this title voluntarily agrees to surrender the custody, care,
10-26 or control of a child to the department <Texas Department of Human
10-27 Services>, the department, not later than 60 days after taking
11-1 possession of or exercising control of the child, shall file a suit
11-2 affecting the parent-child relationship under this title,
11-3 establishing a court of continuing jurisdiction for the child, and
11-4 requesting a review of the placement of the child in foster home
11-5 care, group home care, or institutional care.
11-6 (b) The petition shall state that the purpose of the suit is
11-7 to initiate periodic review of the necessity and propriety of the
11-8 child's placement in accordance with Sections 18.02-18.10 of this
11-9 code <of the child>. A copy of the agreement between the
11-10 department and the parent, managing conservator, or guardian of the
11-11 child shall be filed with the petition.
11-12 <(c) In addition to those persons listed in Section 11.09(a)
11-13 of this code as entitled to service of citation in a suit affecting
11-14 the parent-child relationship, a person listed in Section 18.03 of
11-15 this code is entitled to service of citation.>
11-16 <(d) The hearing shall be held not earlier than five and
11-17 one-half months and not later than twelve months after the date
11-18 that the department took possession of or exercised control over
11-19 the child unless, for good cause shown by any party, an earlier
11-20 hearing is approved by the court.>
11-21 <(e) Not earlier than five and one-half months and not later
11-22 than seven months after the date the department took possession of
11-23 or exercised control over the child the department shall:>
11-24 <(1) petition the court for a hearing; or>
11-25 <(2) conduct an administrative review of the placement
11-26 of the child and provide a written report concerning the results of
11-27 the review to the court and all parties to the suit.>
12-1 Sec. 18.12 <18.03>. PERSONS ENTITLED TO NOTICE. The
12-2 following persons are entitled to at least 10 days' notice of a
12-3 hearing to review a child's <child> placement and are entitled to
12-4 present evidence and be heard at the hearing:
12-5 (1) the department <Texas Department of Human
12-6 Services>;
12-7 (2) the foster parent or director of the group home or
12-8 institution where the child is residing;
12-9 (3) each parent of the child;
12-10 (4) the managing conservator or guardian of the
12-11 <person of the> child; and
12-12 (5) any other person or agency named by the court to
12-13 have an interest in the child's welfare <of the child>.
12-14 Sec. 18.13 <18.04>. WHEN CHILD IS AT HOME. (a) If the
12-15 department <Texas Department of Human Services> or authorized
12-16 agency returns a child to a parent for custody, care, or control,
12-17 the department or authorized agency shall notify the court having
12-18 continuing jurisdiction of the suit of the department's action
12-19 and, so long as the child remains under the custody, care, or
12-20 control of the parent, no review of that placement is required
12-21 under this chapter.
12-22 (b) If a child has been returned to a parent and if the
12-23 department or authorized agency resumes the custody, care, or
12-24 control of the child or designates any person other than a parent
12-25 to have the custody, care, or control of the child, the department
12-26 or authorized agency shall notify the court of its action.
12-27 (c) If the department or authorized agency resumes the
13-1 custody, care, or control of the child or designates a person other
13-2 than a parent to have the custody, care, or control of the child
13-3 within three months after returning the child to a parent, the
13-4 period that that child was under the custody, care, or control of
13-5 his or her parent shall not be considered in determining the date
13-6 for the next placement review hearing.
13-7 Sec. 18.14 <18.05>. Child's Attendance at Hearing. The
13-8 court <in its discretion> may dispense with the attendance of the
13-9 child at a placement review hearing.
13-10 Sec. 18.15 <18.06>. FACTORS IN DETERMINING BEST INTEREST
13-11 <DISPOSITION> OF CHILD. (a) In considering the factors
13-12 established by this section, the prompt and permanent placement of
13-13 the child in a safe environment is presumed to be in the child's
13-14 best interest.
13-15 (b) The following factors should be considered by the court,
13-16 the department, and other authorized agencies in determining
13-17 whether the child's parents are willing and able to provide the
13-18 child with a safe environment:
13-19 (1) the child's age and physical and mental
13-20 vulnerabilities;
13-21 (2) the frequency and nature of out-of-home
13-22 placements;
13-23 (3) the magnitude, frequency, and circumstances of the
13-24 harm to the child;
13-25 (4) whether the child has been the victim of repeated
13-26 harm after the initial report and intervention by the department or
13-27 other agency;
14-1 (5) whether the child is fearful of living in or
14-2 returning to the child's home;
14-3 (6) the results of psychiatric, psychological, or
14-4 developmental evaluations of the child, the child's parents, other
14-5 family members, or others who have access to the child's home;
14-6 (7) whether there is a history of abusive or
14-7 assaultive conduct by the child's family or others who have access
14-8 to the child's home;
14-9 (8) whether there is a history of substance abuse by
14-10 the child's family or others who have access to the child's home;
14-11 (9) whether the perpetrator of the harm to the child
14-12 is identified;
14-13 (10) the willingness and ability of the child's family
14-14 to seek out, accept, and complete counseling services and to
14-15 cooperate with and facilitate an appropriate agency's close
14-16 supervision;
14-17 (11) the willingness and ability of the child's family
14-18 to effect positive environmental and personal changes within a
14-19 reasonable period of time;
14-20 (12) whether the child's family demonstrates adequate
14-21 parenting skills, including providing the child and other children
14-22 under the family's care with:
14-23 (A) minimally adequate health and nutritional
14-24 care;
14-25 (B) care, nurturance, and appropriate discipline
14-26 consistent with the child's physical and psychological development;
14-27 (C) guidance and supervision consistent with the
15-1 child's safety;
15-2 (D) a safe physical home environment;
15-3 (E) protection from repeated exposure to
15-4 violence even though the violence may not be directed at the child;
15-5 and
15-6 (F) an understanding of the child's needs and
15-7 capabilities; and
15-8 (13) whether an adequate social support system
15-9 consisting of an extended family and friends is available to the
15-10 child.
15-11 (c) In the case of a child 16 years of age or older, the
15-12 following guidelines should be considered by the court in
15-13 determining whether to adopt the permanency plan submitted by the
15-14 department:
15-15 (1) whether the permanency plan submitted to the court
15-16 includes the services planned for the child to make the transition
15-17 from foster care to independent living; and
15-18 (2) whether this transition is in the best interest of
15-19 the child.
15-20 Sec. 18.16. REVIEW AFTER TERMINATION OR RELINQUISHMENT OF
15-21 PARENTAL RIGHTS. If <At the conclusion of a placement review
15-22 hearing under this chapter, the court, in accordance with the best
15-23 interest of the child, may order:>
15-24 <(1) that the foster care, group home care, or
15-25 institutional care be continued;>
15-26 <(2) that the child be returned to his or her parent
15-27 or guardian;>
16-1 <(3) if the child has been placed with the Texas
16-2 Department of Human Services under a voluntary agreement, that the
16-3 department institute further proceedings to appoint the department
16-4 as managing conservator or to terminate parental rights in order to
16-5 provide permanent placement for the child or to make the child
16-6 available for adoption;>
16-7 <(4) if> the parental rights to a <of the> child have
16-8 <already> been terminated and the child is eligible for adoption or
16-9 the department or authorized agency has custody, care, and control
16-10 of a <the> child under an affidavit of relinquishment of parental
16-11 rights naming the department or authorized agency as managing
16-12 conservator, the court shall review the department's or authorized
16-13 agency's efforts <that the department or authorized agency attempt>
16-14 to place the child for adoption at least once every six months<; or>
16-15 <(5) the Texas Department of Human Services or
16-16 authorized agency to provide services to ensure that every effort
16-17 has been made to enable the parents to provide a family for their
16-18 own children>.
16-19 SECTION 2. The importance of this legislation and the
16-20 crowded condition of the calendars in both houses create an
16-21 emergency and an imperative public necessity that the
16-22 constitutional rule requiring bills to be read on three several
16-23 days in each house be suspended, and this rule is hereby suspended,
16-24 and that this Act take effect and be in force from and after its
16-25 passage, and it is so enacted.