CN C.S.S.B. 181 75(R) BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.S.B. 181 By: Shapiro (Goodman) 5-9-97 Committee Report (Substituted) BACKGROUND Currently, Title 5 of the Texas Family Code (TFC) sets forth the guidelines relating to the termination of the parent-child relationship, adoption, and other family issues. Approximately 1,400 children in court-ordered state conservatorship under the guidelines of Title 5, were legally free for adoption. One third of these 1,400 children waited over two years to be adopted and 16 percent waiting over three years. Approximately 40 percent of the children in the custody of the Department of Protective and Regulatory Services (TD PRS) had been in custody over two years. In addition, return of a child in the CPS system to a family averaged 9.5 months, and 13.2 months for placement of a child in long-term substitute care (1991-95). The Report of the Governor's Committee to Promote Adoption suggests various revisions to TFC Title 5 relating suits affecting the parent-child relationship, and the protection of children, adoption and permanency plans for children. This bill would amends Title 5, Family Code, to reflect the changes suggested by the Governor's Report to promote adoption. PURPOSE As substituted, S.B. 181 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 It is the committee's opinion that this bill does not expressly grant any additional rule making authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. 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 2. 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 3. 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 4. Amends the heading to Chapter 263D, Family Code, as follows: SUBCHAPTER D. New heading: PERMANENCY HEARINGS SECTION 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. Repeals Sec. 263.308 and 263.309, Family Code. SECTION 14. Effective date. SECTION 15. Emergency clause. COMPARISON OF THE SUBSTITUTE TO THE ORIGINAL The original Sec. 3 is moved to Sec. 12 of the substitute, and the following revisions are made: Sec. 263.402(a)(3) of the substitute states "orders" rather than "requires" the department to continue to serve as temporary managing conservator of the child. Sec. 263.402(b) of the substitute states the court "shall", rather than "must" include specific findings regarding grounds for the order [new (b)(1)]. The substitute adds (b)(2) on scheduling a new date for dismissal of the suit, striking that provision in the original Sec. 263.402(c). The substitute adds new Sec. 263.402(c) relating to the scheduling of a new date for dismissal of the suit, or rendering of a final order in cases when a child must be removed from a home the child is placed in before the dismissal of the suit, or rendering of a final order. The original Sec. 263.402(b) is redesignated as (d) in the substitute. The original Sections 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 are redesignated in the substitute, with no substantive changes. The original Sec. 13, relating to TFC Sec. 264.009, Legal Representation of the Department, is struck from the substitute.