CN C.S.S.B. 34 75(R)BILL ANALYSIS
JUVENILE JUSTICE & FAMILY ISSUES
C.S.S.B. 34
By: ZAFFIRINI (E. REYNA)
4-25-97
Committee Report (Substituted)
BACKGROUND
Currently, Title 5, Family Code, sets forth the guidelines relating to,
among other items, the termination of the parent-child relationship and
adoption. Approximately 1,400 children in courtordered state
conservatorship for whom the plan was adopted under the guidelines of
Title 5, Family Code, were legally free for adoption. Approximately one
third of these 1,400 children had been waiting for more than two years to
be adopted, 16 percent of which had been waiting for over three years.
Approximately 40 percent of the children in the custody of the Department
of Protective and Regulatory Services had been in such custody for more
than two years. The Report of the Governor's Committee to Promote
Adoption has suggested various revisions to Title 5, Family Code, relating
to the parent-child relationship, suits affecting the parent-child
relationship, and the protection of children, in order to promote adoption
in Texas. This bill would amend Title 5, Family Code, to reflect the
changes suggested by the Governor's Report to promote adoption.
PURPOSE
As proposed, S.B. 34 amends guidelines relating to parent-child
relationship, suits affecting the parent-child relationship, and the
protection of children in Title 5, Family Code.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Department of Protective and
Regulatory Services in SECTION 19 (Section 264.207(a), Family Code) of
this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 162.012(a) providing that an adoption order is
not subject to attack after six months.
SECTION 2. Amends Chapter 201B, Family Code, by adding Section 201.1085,
as follows:
Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD PROTECTION
CASES. Authorizes the presiding judge to appoint a master for a court
handling child protection cases if the court needs assistance in order to
process the cases in a reasonable time.
SECTION 3. Amends Chapter 262A, Family Code, by adding Section 262.008,
as follows:
Sec. 262.008. ABANDONED CHILDREN. Authorizes an authorized
representative of DPRS to assume the care, control, and custody of a child
who is abandoned without identification or a means for identifying the
child; and whose identity cannot be asserted by the exercise of reasonable
diligence. Requires DPRS to immediately file a suit to terminate the
parent-child relationship of a child under this section. Provides that a
child for whom possession is assumed under this section need not be
delivered to the court except on the order of the court.
SECTION 4. Amends Section 262.201(c), Family Code, to require the court,
if the court finds sufficient evidence to satisfy a person of ordinary
prudence and caution that there is a continuing danger to the physical
health or safety of the child and for the child to remain in the home is
contrary to the welfare of the child, to inform, among other actions, each
parent in open court that parental and custodial rights and duties may be
subject to restriction or to termination unless the parent or parents are
willing and able to provide the child with a safe environment.
SECTION 5. Amends Chapter 263A, Family Code, by adding Section 263.006,
as follows:
Sec. 263.006. WARNING TO PARENTS. Requires the court, at the status
hearing under Subchapter C and at each permanency hearing under Subchapter
D held after the court has rendered a temporary order appointing DPRS as
temporary managing conservator, to inform each parent in open court that
parental and custodial rights and duties may be subject to restriction or
to termination unless the parent or parents are willing and able to
provide the child with a safe environment.
SECTION 6. Amends Chapter 263B, Family Code, by adding Section 263.1015,
as follows:
Sec. 263.1015. SERVICE PLAN NOT REQUIRED. Provides that a service plan
is not required under this subchapter in a suit brought by DPRS for the
termination of the parent-child relationship for a child who has been
abandoned without identification and whose identity cannot be determined.
SECTION 7. Amends Section 263.201, Family Code, to require the court, by
the 60th day after the date the court renders a temporary order appointing
DPRS as temporary managing conservator of a child, rather than after the
date of full adversary hearing under Chapter 262, to hold a status hearing
to review the child's status and the permanency plan developed for the
child.
SECTION 8. Amends the heading to Chapter 263D, Family Code, as follows:
SUBCHAPTER D. New heading: PERMANENCY HEARINGS
SECTION 9. Amends Sections 263.301(a) and (b), Family Code, to require
notice of a permanency, rather than a review, hearing to be given as
provided by certain rules of civil procedure to all persons
entitled to notice of the hearing. Provides that certain persons are
entitled to at least 10 days notice of a permanency hearing, rather than a
hearing to review a child's placement, and are entitled to present
evidence and be heard at the hearing, including an attorney ad litem and a
volunteer advocate appointed for the child under Chapter 107. Makes
conforming changes.
SECTION 10. Amends Section 263.302, Family Code, to require the child to
attend each permanency hearing unless the court specifically excuses the
child's attendance. Provides that failure by the child to attend a
hearing does not affect the validity of an order rendered at the hearing.
Makes conforming changes.
SECTION 11. Amends Chapter 263D, Family Code, by adding Section 263.3025,
as follows:
Sec. 263.3025. PERMANENCY PLAN. Requires DPRS to prepare a permanency
plan for a child for whom DPRS has been appointed temporary managing
conservator. Requires DPRS to give a copy of the plan to each person
entitled to notice under Section 263.301(b) by the 10th day before the
date of the child's first permanency hearing. Requires the permanency
plan to contain the information required to be included in a permanency
progress report under Section 263.303. Requires DPRS to modify the
permanency plan for a child as required by the circumstances and needs of
the child.
SECTION 12. Amends Section 263.303, Family Code, as follows:
Sec. 263.303. New heading: PERMANENCY PROGRESS REPORT. Requires DPRS or
other authorized agency, by the 10th day before the date for each
permanency hearing other than the first permanency hearing, to file with
the court and provide to each party, the child's attorney ad litem, and
the child's volunteer advocate a permanency report, rather than a status
report, unless the court orders a different period providing the report.
Sets forth the required recommendation options of the permanency report.
Deletes certain provisions relating to the required recommendation options
of the status report. Makes conforming changes.
SECTION 13. Amends Section 263.304, Family Code, as follows:
Sec. 263.304. New heading: INITIAL PERMANENCY HEARING; TIME. Requires
the court, by the 180th day after the date the court renders a temporary
order appointing DPRS as temporary managing conservator of a child, rather
than after the date of the conclusion of the full adversary hearing, to
hold a permanency hearing to review the status of, and permanency plan
for, the child to ensure that a final order consistent with that
permanency plan is rendered before the date for dismissal of the suit
under this chapter. Deletes a provision relating to initial review
hearing.
SECTION 14. Amends Section 263.305, Family Code, as follows:
Sec. 263.305. New heading: SUBSEQUENT PERMANENCY HEARINGS. Requires a
subsequent permanency hearing, rather than a subsequent review hearing, to
be held by the 120th day after the date of the last permanency hearing in
the suit. Authorizes the court to order more frequent hearings for good
cause shown or on the court's own motion. Deletes the provisions relating
to subsequent review hearings.
SECTION 15. Amends Section 263.306, Family Code, as follows:
Sec. 263.306. New heading: PERMANENCY HEARINGS: PROCEDURE. Sets forth the
procedures the court is required to follow at each permanency hearing.
Deletes the provisions relating to determinations the court is required to
make at each review hearing. Makes conforming changes.
SECTION 16. Amends Chapter 263, Family Code, by adding Subchapter E and F,
as follows:
SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE Sec. 263.401.
DISMISSAL AFTER ONE YEAR; EXTENSION. Requires the court, 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 DPRS as temporary managing
conservator, to dismiss the suit affecting the parent-child relationship
filed by DPRS that requires termination of the parent-child relationship
or requires that DPRS be named conservator of the child. Authorizes the
court to extend the court's jurisdiction of the suit under certain
circumstances for a period stated in the extension order, but not longer
than 180 days after the time described by this section. Sets forth the
required contents of the extension. Requires the court, if the court
grants an extension, to 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. Sets forth what is a final order under this
section.
Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH RELATIVE.
Authorizes the court, notwithstanding Section 263.401, to retain
jurisdiction and not dismiss the suit or render a final order as required
by that section under certain circumstances. Provides a time frame for the
court to set a new dismissal date if a child placed with a parent or
relative must be removed from the home before dismissal or rendering of a
final order.
Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING CONSERVATOR
WITHOUT TERMINATING PARENTAL RIGHTS. Authorizes the court to render a
final order appointing DPRS as managing conservator of the child without
terminating the rights of the parent of the child under certain
circumstances. Requires the court to take certain factors into
consideration in determining whether DPRS should be appointed as managing
conservator of the child without terminating the rights of a parent of the
child. Reserves Sections 263.404-263.500 for expansion.
SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. Requires the court, if
DPRS has been named as a child's managing conservator in a final order
that does not include termination of parental rights, to conduct a
placement review hearing at least once every six months until the child
becomes an adult. Requires the court, if DPRS has been named as a child's
managing conservator in a final order that terminates a parent's parental
rights, to conduct a placement review hearing at least once every six
months until the date the child is adopted or the child becomes an adult.
Requires notice of a placement review hearing to be given as provided by
Rule 21A, Texas Rules of Civil Procedure, to each person entitled to
notice of the hearing. Sets forth the entities and persons who are
entitled to not less than 10 days' notice of a placement review hearing.
Authorizes the court to dispense with the requirement that the child
attend a placement review hearing.
Sec. 263.502. PLACEMENT REVIEW REPORT. Requires DPRS or other authorized
agency, by the 10th day before the date set for a placement review
hearing, to file a placement review report with the court and provide a
copy to each person entitled to notice under Section 263.501(d).
Authorizes the court to order a different time for filing the placement
review report or to order that a report is not required for a specific
hearing. Sets forth the required contents of the placement review report.
Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. Sets forth the
issues the court is required to determine at each placement review
hearing.
SECTION 17. Amends Section 264.009, Family Code, to require DPRS, in any
action under this code, rather than title, to be represented in court by
either the county attorney of the county where the action is brought,
rather than the prosecuting attorney who represents the state in criminal
cases in the district or county court, unless the district attorney or
criminal district attorney elects to provide representation; or, under
certain circumstances, an attorney employed by DPRS or who has contracted
with DPRS under Subsection (c) to provide representation. Requires DPRS,
in a county with a population of 2,800,000 or more, to be represented by,
among others, an attorney, if the case is one in which a conflict of
interest or special circumstances exists, employed by DPRS or who has
contracted with DPRS under Subsection (c) to provide representation.
Deletes reference to representation by the attorney general. Authorizes
the DPRS to contract with certain attorneys to provide reimbursement from
any available state or federal fund of the costs of representing DPRS in
an action under this code.
SECTION 18. Amends Chapter 264B, Family Code, by adding Sections 264.111
and 264.112, as follows:
Sec. 264.110. ADOPTION AND SUBSTITUTE INFORMATION. Requires DPRS to
maintain in the DPRS's central database information concerning children
placed in the DPRS's custody, including certain information on each formal
adoption of a child in this state; and certain information on each
placement of a child in foster care. Requires DPRS to compile certain
information relating to adoptions and adoption services. Requires DPRS to
make the information maintained under this section, other than information
that is required by law to be confidential, available to the public by
computer.
Sec. 264.111. REPORT ON CHILDREN IN SUBSTITUTE CARE. Requires DPRS to
report the status for children in substitute care to the Board of
Protective and Regulatory Services at least once every 12 months.
Requires the report to analyze the length of time the children have been
in substitute care and the barriers to placing the children for adoption
or returning the children to the children's parents.
SECTION 19. Amends Chapter 264C, Family Code, by adding Sections 264.206
and 264.207, as follows:
Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. Requires DPRS to begin its
efforts to locate qualified persons to adopt a child at the time DPRS
permanency plan for the child becomes the termination of the parent-child
relationship, and to report to the court certain information. Requires
DPRS to report to the court.
Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY. Requires DPRS to
adopt policies that provide for the improvement DPRS's services for
children and families. Requires the policies to be designed to increase
the accountability of DPRS to individuals who receive services and to the
public; and to assure consistency of services provided by the department
in the different regions of the state. Requires DPRS to establish time
frames for the initial screening of families seeking to adopt children;
provide for the evaluation of the effectiveness of DPRS's managementlevel
employees in expeditiously making permanent placements of the children;
establish comprehensive assessment service centers in various locations in
the state to determine the needs of children and families served by DPRS;
emphasize and centralize the monitoring and promoting of the permanent
placement of children receiving DPRS services; establish goals and
performance measures in the permanent placement of children; seek private
placement agencies to place children in DPRS conservatorship that have
been available for over 90 days; provide information ot childplacing
agencies; provide incentives to child-placing agencies; encourage foster
parents to be approved as adoptive parents; address failures by DPRS
regions in making permanent placements in a reasonable time; and require
the department's service regions to participate in the Texas Adoption
Resources Exchange.
SECTION 20. Amends Section 264.603(a), Family Code, to require a certain
contract to require measurable goals and objectives for expanding local
volunteer child advocate programs to areas of the state in which those
programs do not exist.
SECTION 21. Amends Chapter 72C, Government Code, by adding Section 72.028,
as follows:
Sec. 72.028. REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY LAW CASES.
Requires the Office of Court Administration of the Texas Judicial System
(office) to prepare and submit a report on judicial efficiency in cases
brought by DPRS under Title 5, Family Code, to the governor, the
lieutenant governor, the speaker of the house of representatives, and the
chief justice of the supreme court by December 1 of each year. Requires
the report to cover a one-year period beginning September 1 of the
preceding year and to include certain information about cases brought by
DPRS under Title 5, Family Code. Requires DPRS to provide all necessary
information in the DPRS's possession that is required by the office in the
preparation of the report.
SECTION 22. Except as provided by Section 24 of the Act, the effective
date is September 1, 1997.
SECTION 23. Provides that the Office of Court Administration of the Texas
Judicial System to submit the first report under Section 72.028,
Government Code, as added by this Act, by December 1, 1999.
SECTION 24. Provides that the changes in law made by Sections 2-16 of the
Act take effect January 1, 1998, and these Sections apply to pending
SAPCR's regardless of whether the suits were commenced before, on or
after the effective date of the act. Provides that if DPRS has been
appointed temporary managing conservator of a child before the effective
date of the Act, the court shall establish a date for dismissal of the
suit not later than the second anniversary of the date of the next hearing
conducted under Chapter 263, Family Code, unless the court has rendered a
final order before the dismissal date.
SECTION 25. Emergency clause.
COMPARISON OF THE SUBSTITUTE TO THE ORIGINAL
The substitute contains the following additions to the Family Code not
found in the original:
SECTION 1. Adds to Section 162.012(a), providing that the validity of an
adoption order cannot be attacked after six (6) months.
SECTION 16. Adds to Section 263.402:
(a) That the court may retain jurisdiction and not dismiss the suit or
render a final order "if the court renders a temporary order" that finds
certain provisions.
(a)(3) Language allowing the court to "order" the department to continue
to server as managing conservator, rather than "require."
Adds to Section 263.402 that if the court renders an order under the
section the court shall:
(b)(1) include findings regarding the order.
(b)(2) schedule a new date for dismissal of the suit no more than 180 days
after the temporary order is rendered.
Adds (c) providing a time frame of no later than the original dismissal
date, or 180 days from the time the child was moved, which ever is later,
for the court to set a new dismissal date if a child placed with a parent
or relative must be removed from the home before dismissal or rendering of
a final order. Incorporates the provisions of (c) from the original bill.
Adds(d) providing that if the court renders an order it must include
specific findings regarding the grounds for the order.
Deletes Section 263.403(c) where by a court that renders an order under
the section must include specific findings regarding the grounds for the
order.
Adds to Section 263.403(4) that Sections 263.404-263.500 are reserved for
expansion.
SECTION 18. Recodifies ADOPTION AND SUBSITUTE INFORMATION and REPORT ON
CHILDREN IN SUBSITUTE CARE as Sections 264.111, and 264.112 respectively.
SECTION 19. Adds Section 264.206(b) that DPRS shall report to the court
in which the department petitions for termination certain information
relating to the child's adoptability, the search for prospective parents
and efforts to work with child-placing agencies. Redesignate accordingly.
SECTION 22. Adds that except for the provisions of Section 24 of the Act,
the effective date of the Act is September 1, 1997.
SECTION 23. States the date by which the Office of Court Administration
must submit the first report. The substitute deletes the provision in the
original Section 30 where the change in law made in the original Section 3
applied to attorney's ad-litem.
SECTION 24. Redesignates the Sections of the Act relating to the effective
date of the Act.
The substitute also strikes the following Family Code provisions found in
the original:
All original bill sections relating to the establishment of a paternity
registry:
SECTION 1. Sec. 102.009(a)
SECTION 2. Sec. 102.011(b)(7)
SECTION 3. Sec. 159.201(7)
SECTION 5. SUBCHAPTER D. PATERNITY REGISTRY
SECTION 6. Sec. 161.002
Original bill sections relating to grounds for termination of parental
rights:
SECTION 7. Sec. 161.001(M), on grounds of termination in another state.
(N), on grounds of constructive
abandonment, 6 month time frame..
(O), on grounds of serious
injury w/ definitions of serious injury listed.
(P), on grounds of failure to
comply with provisions of court order.
SECTION 22. Sec. 263.403(c) Strikes that a court rendering an order under
the section shall include specific findings regarding the grounds in the
order.
SECTION 30. The substitute deletes the provision in the original Section
30 where the change in law made in the original Section 3 applied to
attorney's ad-litem.