Amend CSSB 181 as follows:
(1) In SECTION 2, strike Sections 237.007, 263.008, and
263.009 (committee printing page 1, lines 37-64 and page 2, lines
1-52) and strike SECTION 12 (committee printing page 6, lines 13-69
and page 7, lines 1-17); add the following new section and renumber
the subsequent sections appropriately:
SECTION 3. Chapter 263, Family Code, is amended by adding
Subchapters E and F to read as follows:
SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION. (a)
Unless the court has rendered a final order or granted an extension
under Subsection (b), on the first Monday after the first
anniversary of the date the court rendered a temporary order
appointing the department as temporary managing conservator, the
court shall dismiss the suit affecting the parent-child
relationship filed by the department that requests termination of
the parent-child relationship or requests that the department be
named conservator of the child.
(b) On or before the time described by Subsection (a) for
the dismissal of the suit, the court may extend the court's
jurisdiction of the suit for a period stated in the extension
order, but not longer than 180 days after the time described by
Subsection (a), if the court has continuing jurisdiction of the
suit and the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court
grants an extension, the extension order must also:
(1) schedule the new date for dismissal of the suit;
and
(2) make further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit.
(c) If the court grants an extension, the court shall render
a final order or dismiss the suit on or before the date specified
in the extension order and may not grant an additional extension.
(d) For purposes of this section, a final order is an order
that:
(1) requires that a child be returned to the child's
parent;
(2) names a relative of the child or another person as
the child's managing conservator;
(3) without terminating the parent-child relationship,
appoints the department as the managing conservator of the child;
or
(4) terminates the parent-child relationship and
appoints a relative of the child, another suitable person, or the
department as managing conservator of the child.
Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
RELATIVE. (a) Notwithstanding Section 263.401, the court may
retain jurisdiction and not dismiss the suit or render a final
order as required by that section if the court:
(1) finds that retaining jurisdiction under this
section is in the best interest of the child;
(2) orders the department to return the child to the
child's parent or to place the child with a relative of the child;
(3) requires that the department continue to serve as
temporary managing conservator of the child; and
(4) orders the department to monitor the child's
placement to ensure that the child is in a safe environment.
(b) If the court renders an order under this section, the
court must include in the order specific findings regarding the
grounds for the order.
Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
may render a final order appointing the department as managing
conservator of the child without terminating the rights of the
parent of the child if the court finds that:
(1) appointment of a parent as managing conservator
would not be in the best interest of the child because the
appointment would significantly impair the child's physical health
or emotional development; and
(2) it would not be in the best interest of the child
to appoint a relative of the child or another person as managing
conservator.
(b) In determining whether the department should be
appointed as managing conservator of the child without terminating
the rights of a parent of the child, the court shall take the
following factors into consideration:
(1) that the child will reach 18 years of age in not
less than three years;
(2) that the child is 12 years of age or older and has
expressed a strong desire against termination or being adopted;
(3) that the child has special medical or behavioral
needs that make adoption of the child unlikely; and
(4) the needs and desires of the child.
Sections 263.404-263.500 reserved for expansion
SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
Sec. 253.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
the department has been named as a child's managing conservator in
a final order that does not include termination of parental rights,
the court shall conduct a placement review hearing at least once
every six months until the child becomes an adult.
(b) If the department has been named as a child's managing
conservator in a final order that terminates a parent's parental
rights, the court shall conduct a placement review hearing at least
once every six months until the date the child is adopted or the
child becomes an adult.
(c) Notice of a placement review hearing shall be given as
provided by Rule 21a, Texas Rules of Civil Procedure, to each
person entitled to notice of the hearing.
(d) The following are entitled to not less than 10 days'
notice of a placement review hearing:
(1) the department;
(2) the foster parent or director of the group home or
institution in which the child is residing;
(3) each parent of the child;
(4) each possessory conservator or guardian of the
child;
(5) the child's attorney ad litem and volunteer
advocate, if the appointments were not dismissed in the final
order; and
(6) any other person or agency named by the court as
having an interest in the child's welfare.
(e) The court may dispense with the requirement that the
child attend a placement review hearing.
Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
the 10th day before the date set for a placement review hearing,
the department or other authorized agency shall file a placement
review report with the court and provide a copy to each person
entitled to notice under Section 263.501(d).
(b) For good cause shown, the court may order a different
time for filing the placement review report or may order that a
report is not required for a specific hearing.
(c) The placement review report must:
(1) evaluate whether the child's current placement is
appropriate for meeting the child's needs;
(2) evaluate whether efforts have been made to ensure
placement of the child in the least restrictive environment
consistent with the best interest and special needs of the child if
the child is placed in institutional care;
(3) identify the services that are needed to assist a
child who is at least 16 years of age in making the transition from
substitute care to independent living if the services are available
in the community;
(4) identify other plans or services that are needed
to meet the child's special needs or circumstances; and
(5) describe the efforts of the department or
authorized agency to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption.
Sec. 263.503. PLACEMENT REVIEW HEARING; PROCEDURE. At each
placement review hearing, the court shall determine whether:
(1) the child's current placement is appropriate for
meeting the child's needs;
(2) efforts have been made to ensure placement of the
child in the least restrictive environment consistent with the best
interest and special needs of the child if the child is placed in
institutional care;
(3) the services that are needed to assist a child who
is at least 16 years of age in making the transition from
substitute care to independent living are available in the
community;
(4) other plans or services are needed to meet the
child's special needs or circumstances; and
(5) the department or authorized agency has exercised
due diligence in attempting to place the child for adoption if
parental rights to the child have been terminated and the child is
eligible for adoption.
(2) Strike SECTION 13 (committee printing page 7, lines
18-43) and substitute the following:
SECTION 13. Section 264.009, Family Code, is amended to read
as follows:
Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) In
<Except as provided by Subsection (b), in> any action under this
code <title>, the department shall be represented in court by
<the>:
(1) the county <prosecuting> attorney <who represents
the state in criminal cases in the district or county court> of the
county where the action is brought, unless the district attorney or
criminal district attorney elects to provide representation; or
(2) if the case is one in which a conflict of interest
or special circumstances exist, an attorney employed by the
department or who has contracted with the department under
Subsection (c) to provide representation <attorney general>.
(b) In a county with a population of 2,800,000 or more, in
an action under this code <title>, the department shall be
represented in court by <the>:
(1) the attorney who represents the state in civil
cases in the district or county court of the county where the
action is brought; or
(2) if the case is one in which a conflict of interest
or special circumstances exists, an attorney employed by the
department or who has contracted with the department under
Subsection (c) to provide representation <attorney general>.
(c) The department may contract with a county attorney, a
district attorney, a criminal district attorney, the attorney
general, or a private attorney to provide reimbursement from any
available state or federal funds of the costs of representing the
department in an action under this code.