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.