By Goodman                                      H.B. No. 1826

      75R6399 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the Department of Protective and Regulatory Services,

 1-3     the protection of children from abuse and neglect, and the

 1-4     conservatorship of children.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 32.005(b), Family Code, is amended to

 1-7     read as follows:

 1-8           (b)  An examination under this section may include X-rays,

 1-9     blood tests, photographs, and penetration of tissue necessary to

1-10     accomplish those tests.

1-11           SECTION 2.  Section 102.003, Family Code, is amended to read

1-12     as follows:

1-13           Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original

1-14     suit may be filed at any time by:

1-15                 (1)  a parent of the child;

1-16                 (2)  the child through a representative authorized by

1-17     the court;

1-18                 (3)  a custodian or person having the right of

1-19     visitation with or access to the child appointed by an order of a

1-20     court of another state or country;

1-21                 (4)  a guardian of the person or of the estate of the

1-22     child;

1-23                 (5)  a governmental entity;

1-24                 (6)  an authorized agency;

 2-1                 (7)  a licensed child placing agency;

 2-2                 (8)  a man alleging himself to be the biological father

 2-3     of a child filing in accordance with Chapter 160, subject to the

 2-4     limitations of Section 160.101, but not otherwise;

 2-5                 (9)  a person who has had actual care, control, and

 2-6     possession of the child for not less than six months preceding the

 2-7     filing of the petition;

 2-8                 (10)  a person designated as the managing conservator

 2-9     in a revoked or unrevoked affidavit of relinquishment under Chapter

2-10     161 or to whom consent to adoption has been given in writing under

2-11     Chapter 162; [or]

2-12                 (11)  a person with whom the child and the child's

2-13     guardian, managing conservator, or parent have resided for not less

2-14     than six months preceding the filing of the petition if the child's

2-15     guardian, managing conservator, or parent is deceased at the time

2-16     of the filing of the petition; or

2-17                 (12)  a person who is the foster parent of a child

2-18     placed by the Department of Protective and Regulatory Services in

2-19     the person's home for a period of not less than 18 months preceding

2-20     the date of the filing of the petition.

2-21           SECTION 3.  Section 104.002, Family Code, is amended to read

2-22     as follows:

2-23           Sec. 104.002.  PRERECORDED STATEMENT OF CHILD.  If a child 12

2-24     years of age or younger is alleged in a suit under this title to

2-25     have been abused or to have observed another child 12 years of age

2-26     or younger being abused, the recording of an oral statement of the

2-27     child  recorded prior to the proceeding is admissible into evidence

 3-1     if:

 3-2                 (1)  no attorney for a party was present when the

 3-3     statement was made;

 3-4                 (2)  the recording is both visual and aural and is

 3-5     recorded on film or videotape or by other electronic means;

 3-6                 (3)  the recording equipment was capable of making an

 3-7     accurate recording, the operator was competent, and the recording

 3-8     is accurate and has not been altered;

 3-9                 (4)  the statement was not made in response to

3-10     questioning calculated to lead the child to make a particular

3-11     statement;

3-12                 (5)  each voice on the recording is identified;

3-13                 (6)  the person conducting the interview of the child

3-14     in the recording is present at the proceeding and available to

3-15     testify or be cross-examined by either party;  and

3-16                 (7)  each party is afforded an opportunity to view the

3-17     recording before it is offered into evidence.

3-18           SECTION 4.  Chapter 104, Family Code, is amended by adding

3-19     Section 104.006 to read as follows:

3-20           Sec. 104.006.  HEARSAY STATEMENT OF CHILD SUPPORT VICTIM.  In

3-21     a suit affecting the parent-child relationship, a statement made by

3-22     a child 12 years of age or younger that describes alleged abuse

3-23     against the child, without regard to whether the statement is

3-24     otherwise inadmissible as hearsay, is admissible as evidence if, in

3-25     a hearing conducted outside the presence of the jury, the court

3-26     finds that the time, content, and circumstances of the statement

3-27     provide sufficient indications of the statement's reliability and:

 4-1                 (1)  the child testifies or is available to testify at

 4-2     the proceeding in court or in any other manner provided for by law;

 4-3     or

 4-4                 (2)  the court determines that the use of the statement

 4-5     in lieu of the child's testimony is necessary to protect the

 4-6     welfare of the child.

 4-7           SECTION 5.  Section 107.016, Family Code, is amended to read

 4-8     as follows:

 4-9           Sec. 107.016.  CONTINUED REPRESENTATION.   In a suit brought

4-10     by a governmental entity seeking termination of the parent-child

4-11     relationship or appointment of the entity as conservator of the

4-12     child, an order appointing the Department of Protective and

4-13     Regulatory Services as the child's managing conservator may provide

4-14     for the continuation of the attorney ad litem appointment for the

4-15     child for any period set by the court.

4-16           SECTION 6.  Section 152.003(e), Family Code, is amended to

4-17     read as follows:

4-18           (e)  A court that has jurisdiction of a suit under Subsection

4-19     (a)(3) for which a court in another state may exercise jurisdiction

4-20     under prerequisites substantially in accordance with Subsection

4-21     (a)(1) or (2) may enter only a temporary order to protect the

4-22     child.  The suit shall be dismissed in this state on the date a

4-23     court of competent jurisdiction in another state signs an order in

4-24     the suit or on the 91st day after the date the court in this state

4-25     exercised its jurisdiction, whichever date occurs first.  This

4-26     subsection does not apply to an order rendered in a suit brought

4-27     under Chapter 262.

 5-1           SECTION 7.  Section 155.004(a), Family Code, is amended to

 5-2     read as follows:

 5-3           (a)  A court of this state loses its continuing, exclusive

 5-4     jurisdiction to modify its order if:

 5-5                 (1)  an order of adoption is rendered after the court

 5-6     acquires continuing, exclusive jurisdiction of the suit;

 5-7                 (2)  the parents of the child have remarried each other

 5-8     after the dissolution of a previous marriage between them and file

 5-9     a suit for the dissolution of their subsequent marriage combined

5-10     with a suit affecting the parent-child relationship as if there had

5-11     not been a prior court with continuing, exclusive jurisdiction over

5-12     the child; or

5-13                 (3)  another court assumed jurisdiction over a suit and

5-14     rendered a final order based on incorrect information received from

5-15     the bureau of vital statistics [Department of Protective and

5-16     Regulatory Services] that there was no court of continuing,

5-17     exclusive jurisdiction.

5-18           SECTION 8.  Section 161.001, Family Code, is amended to read

5-19     as follows:

5-20           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

5-21     RELATIONSHIP.  The court may order termination of the parent-child

5-22     relationship if the court finds by clear and convincing evidence:

5-23                 (1)  that the parent has:

5-24                       (A)  voluntarily left the child alone or in the

5-25     possession of another not the parent and expressed an intent not to

5-26     return;

5-27                       (B)  voluntarily left the child alone or in the

 6-1     possession of another not the parent without expressing an intent

 6-2     to return, without providing for the adequate support of the child,

 6-3     and remained away for a period of at least three months;

 6-4                       (C)  voluntarily left the child alone or in the

 6-5     possession of another without providing adequate support of the

 6-6     child and remained away for a period of at least six months;

 6-7                       (D)  knowingly placed or knowingly allowed the

 6-8     child to remain in conditions or surroundings which endanger the

 6-9     physical or emotional well-being of the child;

6-10                       (E)  engaged in conduct or knowingly placed the

6-11     child with persons who engaged in conduct which endangers the

6-12     physical or emotional well-being of the child;

6-13                       (F)  failed to support the child in accordance

6-14     with his ability during a period of one year ending within six

6-15     months of the date of the filing of the petition;

6-16                       (G)  abandoned the child without identifying the

6-17     child or furnishing means of identification, and the child's

6-18     identity cannot be ascertained by the exercise of reasonable

6-19     diligence;

6-20                       (H)  voluntarily, and with knowledge of the

6-21     pregnancy, abandoned the mother of the child beginning at a time

6-22     during her pregnancy with the child and continuing through the

6-23     birth, failed to provide adequate support or medical care for the

6-24     mother during the period of abandonment before the birth of the

6-25     child, and remained apart from the child or failed to support the

6-26     child since the birth;

6-27                       (I)  contumaciously refused to submit to a

 7-1     reasonable and lawful order of a court under Chapter 264;

 7-2                       (J)  been the major cause of:

 7-3                             (i)  the failure of the child to be

 7-4     enrolled in school as required by the Education Code; or

 7-5                             (ii)  the child's absence from the child's

 7-6     home without the consent of the parents or guardian for a

 7-7     substantial length of time or without the intent to return;

 7-8                       (K)  executed before or after the suit is filed

 7-9     an unrevoked or irrevocable affidavit of relinquishment of parental

7-10     rights as provided by this chapter;

7-11                       (L)  been adjudicated to be criminally

7-12     responsible for the death or serious injury of a child including an

7-13     offense that involves:

7-14                             (i)  physical injury that results in

7-15     substantial harm to the child;

7-16                             (ii)  sexual conduct harmful to a child's

7-17     mental, emotional, or physical welfare;

7-18                             (iii)  mental or emotional injury to a

7-19     child that results in an observable and material impairment in the

7-20     child's growth, development, or psychological functioning; and

7-21                             (iv)  abandonment of the child in a

7-22     situation in which the child was exposed to substantial physical or

7-23     mental harm;

7-24                       (M)  had his or her parent-child relationship

7-25     terminated with respect to another child based on a finding that

7-26     the parent's conduct was in violation of Paragraph (D) or (E) or

7-27     substantially equivalent provisions of the law of another state;

 8-1     [or]

 8-2                       (N)  constructively abandoned the child who has

 8-3     been in the permanent or temporary managing conservatorship of the

 8-4     Department of Protective and Regulatory Services or an authorized

 8-5     agency for not less than six months [one year], and:

 8-6                             (i)  the department or authorized agency

 8-7     has made reasonable efforts to return the child to the parent;

 8-8                             (ii)  the parent has not regularly visited

 8-9     or maintained significant contact with the child;  and

8-10                             (iii)  the parent has demonstrated an

8-11     inability to provide the child with a safe environment;

8-12                       (O)  knowingly engaged in criminal conduct that

8-13     results in the parent's imprisonment and inability to care for the

8-14     child for not less than two years from the date of filing the

8-15     petition; or

8-16                       (P)  used a controlled substance, as defined by

8-17     Chapter 481, Health and Safety Code, in a manner or to an extent

8-18     that endangered the health or safety of the child, and:

8-19                             (i)  failed to complete a court-ordered

8-20     substance abuse treatment program; or

8-21                             (ii)  repeatedly used a controlled

8-22     substance after completion of a court-ordered substance abuse

8-23     treatment program; and

8-24                 (2)  that termination is in the best interest of the

8-25     child.

8-26           SECTION 9.  Section 261.001(1), Family Code, is amended to

8-27     read as follows:

 9-1                 (1)  "Abuse" includes the following acts or omissions

 9-2     by a person:

 9-3                       (A)  mental or emotional injury to a child that

 9-4     results in an observable and material impairment in the child's

 9-5     growth, development, or psychological functioning;

 9-6                       (B)  causing or permitting the child to be in a

 9-7     situation in which the child sustains a mental or emotional injury

 9-8     that results in an observable and material impairment in the

 9-9     child's growth, development, or psychological functioning;

9-10                       (C)  physical injury that results in substantial

9-11     harm to the child, or the genuine threat of substantial harm from

9-12     physical injury to the child, including an injury that is at

9-13     variance with the history or explanation given and excluding an

9-14     accident or reasonable discipline by a parent, guardian, or

9-15     managing or possessory conservator that does not expose the child

9-16     to a substantial risk of harm;

9-17                       (D)  failure to make a reasonable effort to

9-18     prevent an action by another person that results in physical injury

9-19     that results in substantial harm to the child;

9-20                       (E)  sexual conduct harmful to a child's mental,

9-21     emotional, or physical welfare;

9-22                       (F)  failure to make a reasonable effort to

9-23     prevent sexual conduct harmful to a child;

9-24                       (G)  compelling or encouraging the child to

9-25     engage in sexual conduct as defined by Section 43.01, Penal Code;

9-26     [or]

9-27                       (H)  causing, permitting, encouraging, engaging

 10-1    in, or allowing the photographing, filming, or depicting of the

 10-2    child if the person knew or should have known that the resulting

 10-3    photograph, film, or depiction of the child is obscene as defined

 10-4    by Section 43.21, Penal Code, or pornographic;

 10-5                      (I)  the current use by a person of a controlled

 10-6    substance as defined by Chapter 481, Health and Safety Code, in a

 10-7    manner or to the extent that the use results in physical, mental,

 10-8    or emotional injury to a child; or

 10-9                      (J)  causing, expressly permitting, or

10-10    encouraging a child to use a controlled substance as defined by

10-11    Chapter 481, Health and Safety Code.

10-12          SECTION 10.  Section 261.101(d), Family Code, is amended to

10-13    read as follows:

10-14          (d)  The identity of an individual making a report under this

10-15    chapter is confidential and may be disclosed only on the order of a

10-16    court rendered under Section 261.201 or to a law enforcement

10-17    officer for the purposes of conducting a criminal investigation of

10-18    the report.

10-19          SECTION 11.  Section 261.201, Family Code, is amended by

10-20    amending Subsections (c), (d), (e), and (f) and by adding

10-21    Subsection (g) to read as follows:

10-22          (c)  In addition to Subsection (b), a court, on its own

10-23    motion, may order disclosure of information that is confidential

10-24    under this section if:

10-25                (1)  the order is rendered at a hearing for which all

10-26    parties have been given notice;

10-27                (2)  the court finds that disclosure of the information

 11-1    is:

 11-2                      (A)  essential to the administration of justice;

 11-3    and

 11-4                      (B)  not likely to endanger the life or safety

 11-5    of:

 11-6                            (i)  a child who is the subject of the

 11-7    report of alleged or suspected abuse or neglect;

 11-8                            (ii)  a person who makes a report of

 11-9    alleged or suspected abuse or neglect; or

11-10                            (iii)  any other person who participates in

11-11    an investigation of reported abuse or neglect; and

11-12                (3)  the order is reduced to writing or made on the

11-13    record in open court.

11-14          (d)  The adoptive parents of a child who was the subject of

11-15    an investigation and an adult who was the subject of an

11-16    investigation as a child are entitled to examine and make copies of

11-17    any report, record, working paper, or other information in the

11-18    possession, custody, or control of the state that pertains to the

11-19    history of the child.  The department may edit the documents to

11-20    protect the identity of the biological parents and any other person

11-21    whose identity is confidential.

11-22          (e) [(d)]  Before placing a child who was the subject of an

11-23    investigation, the department shall notify the prospective adoptive

11-24    parents of their right to examine any report, record, working

11-25    paper, or other information in the possession, custody, or control

11-26    of the state that pertains to the history of the child.

11-27          (f) [(e)]  The department shall provide prospective adoptive

 12-1    parents an opportunity to examine information under this section as

 12-2    early as practicable before placing a child.

 12-3          (g) [(f)]  Notwithstanding Subsection (b), the department, on

 12-4    request and subject to department rule, shall provide to the

 12-5    parent, managing conservator, or other legal representative of a

 12-6    child who is the subject of reported abuse or neglect information

 12-7    concerning the reported abuse or neglect that would otherwise be

 12-8    confidential under this section if the department has edited the

 12-9    information to protect the confidentiality of the identity of the

12-10    person who made the report and any other person whose life or

12-11    safety may be endangered by the disclosure.

12-12          SECTION 12.  Section 261.302(b), Family Code, is amended to

12-13    read as follows:

12-14          (b)  The interview with and examination of the child may:

12-15                (1)  be conducted at any reasonable time and place,

12-16    including the child's home or the child's school;  [and]

12-17                (2)  include the presence of persons the department or

12-18    designated agency determines are necessary; and

12-19                (3)  include transporting the child for purposes

12-20    relating to the interview or investigation.

12-21          SECTION 13.  Sections 261.305(a)-(d), Family Code, are

12-22    amended to read as follows:

12-23          (a)  An investigation may include an inquiry into the

12-24    possibility that the child, a parent, or a person responsible for

12-25    the care of the child has a history of medical or mental illness.

12-26          (b)  If the parent or person responsible for the care of the

12-27    child does not allow the department or designated agency to have

 13-1    access to medical or mental health records requested by the

 13-2    department or agency, the court having family law jurisdiction, for

 13-3    good cause  shown, shall order that the department or agency be

 13-4    permitted to have access to the records under terms and conditions

 13-5    prescribed by the court.

 13-6          (c)  If the court determines that the parent or person

 13-7    responsible for the care of the child is indigent, the court shall

 13-8    appoint an attorney to represent the parent or person responsible

 13-9    for the child at the hearing to obtain medical or mental health

13-10    records.  The fees for the appointed attorney shall be paid by the

13-11    department or designated agency.

13-12          (d)  A parent or person responsible for the child's care is

13-13    entitled to notice and a hearing when the department or designated

13-14    agency seeks a court order to allow a medical, psychological, or

13-15    psychiatric examination or access to medical or mental health

13-16    records.

13-17          SECTION 14.  Section 261.312(c), Family Code, is amended to

13-18    read as follows:

13-19          (c)  A review team conducting a review of an investigation

13-20    may conduct the review by examining the facts of the case as

13-21    outlined by the department caseworker and law enforcement

13-22    personnel.  A review team member acting in the member's official

13-23    capacity may receive information made confidential under Section

13-24    40.005, Human Resources Code, or Section 261.201.  [In providing

13-25    information to a review team, the department may not disclose the

13-26    identity of a person who reports abuse or neglect or of another

13-27    individual involved in the investigation.  Information regarding

 14-1    the identity of a person who reports abuse or neglect and of any

 14-2    other individual involved in the investigation of a report is

 14-3    confidential.]

 14-4          SECTION 15.  Subchapter D, Chapter 261, Family Code, is

 14-5    amended by adding Section 261.315 to read as follows:

 14-6          Sec. 261.315.  EXEMPTION FROM FEES FOR MEDICAL RECORDS.  The

 14-7    department is exempt from the payment of a fee otherwise required

 14-8    or authorized by law to obtain a medical record from a hospital or

 14-9    health care provider if the request for a record is made in the

14-10    course of an investigation by the department.

14-11          SECTION 16.  Sections 261.406(a) and (b), Family Code, are

14-12    amended to read as follows:

14-13          (a)  On receipt of a report of alleged or suspected abuse or

14-14    neglect of a child in a public or private school under the

14-15    jurisdiction of the Texas [Central] Education Agency, the

14-16    department shall perform an investigation as provided by this

14-17    chapter.

14-18          (b)  The department shall send a written report of the

14-19    department's investigation to the Texas [Central] Education Agency,

14-20    the agency responsible for teacher certification, [and] the local

14-21    school board or local governing body, and the school principal,

14-22    unless the principal is alleged to have committed the abuse or

14-23    neglect, for appropriate action.  On request, the department shall

14-24    provide a copy of the report of investigation to the parent,

14-25    managing conservator, or legal guardian of a child who is the

14-26    subject of the investigation and to the person alleged to have

14-27    committed the abuse or neglect [report].  The report of

 15-1    investigation shall be edited to protect the identity of the

 15-2    persons who made [prepared] the report of abuse or neglect or

 15-3    provided information for the report of abuse or neglect.  Section

 15-4    261.201(b) applies to the release of confidential information

 15-5    relating to the investigation of a report of abuse or neglect under

 15-6    this section and to the identity of the person who made the report

 15-7    of abuse or neglect.

 15-8          SECTION 17.  Section 262.1015, Family Code, is amended by

 15-9    amending Subsections (c), (d), (f), and (g) and by adding

15-10    Subsection (h) to read as follows:

15-11          (c)  [The notice requirements under Section 262.109 apply to

15-12    a proceeding under this section.]  The order shall be served on the

15-13    alleged perpetrator and on the parent or other adult with whom the

15-14    child will continue to reside.

15-15          (d)  A temporary restraining order under this section expires

15-16    not later than the 14th [10th] day after the date the order was

15-17    rendered.  [The requirements of an adversary hearing for the

15-18    removal of a child from the child's home under Subchapter C  apply

15-19    to the removal of an alleged perpetrator under this section.]

15-20          (f)  The court shall order the removal of an alleged

15-21    perpetrator if the court finds that the child is not in danger of

15-22    abuse from a parent or other adult with whom the child will

15-23    continue to reside in the child's residence and that:

15-24                (1)  the presence of the alleged perpetrator in the

15-25    child's residence constitutes a continuing danger to the physical

15-26    health or safety of the child; or

15-27                (2)  the child has been the victim of sexual abuse and

 16-1    there is a substantial risk that the child will be the victim of

 16-2    sexual abuse in the future if the alleged perpetrator remains in

 16-3    the residence.

 16-4          (g)  A person commits an offense if the person is a parent or

 16-5    other person with whom a child resides, the person is served with

 16-6    an order containing the requirement specified by Subsection (e),

 16-7    and the person fails to make a reasonable effort to monitor the

 16-8    residence of the child or to report to the department and the

 16-9    appropriate law enforcement agency an attempt by the alleged

16-10    perpetrator to return to the residence.  An offense under this

16-11    section is a Class A misdemeanor.

16-12          (h) [(g)]  A person commits an offense if, in violation of a

16-13    court order under this section, the person returns to the residence

16-14    of the child the person is alleged to have abused.  An offense

16-15    under this subsection is a Class A misdemeanor, except that the

16-16    offense is a felony of the third degree if the person has

16-17    previously been convicted under this subsection.

16-18          SECTION 18.   Section 262.104, Family Code, is amended to

16-19    read as follows:

16-20          Sec. 262.104.  TAKING POSSESSION OF A CHILD IN EMERGENCY

16-21    WITHOUT A COURT ORDER.  If there is no time to obtain a temporary

16-22    restraining order or attachment before taking possession of a child

16-23    consistent with the health and safety of that child, an authorized

16-24    representative of the Department of Protective and Regulatory

16-25    Services, a law enforcement officer, or a juvenile probation

16-26    officer may take possession of a child without a court order under

16-27    the following conditions, only:

 17-1                (1)  on personal knowledge of facts that would lead a

 17-2    person of ordinary prudence and caution to believe that there is an

 17-3    immediate danger to the physical health or safety of the child;

 17-4                (2)  on information furnished by another that has been

 17-5    corroborated by personal knowledge of facts and all of which taken

 17-6    together would lead a person of ordinary prudence and caution to

 17-7    believe that there is an immediate danger to the physical health or

 17-8    safety of the child;

 17-9                (3)  on personal knowledge of facts that would lead a

17-10    person of ordinary prudence and caution to believe that the child

17-11    has been the victim of sexual abuse; [or]

17-12                (4)  on information furnished by another that has been

17-13    corroborated by personal knowledge of facts and all of which taken

17-14    together would lead a person of ordinary prudence and caution to

17-15    believe that the child has been the victim of sexual abuse; or

17-16                (5)  on information furnished by another that has been

17-17    corroborated by personal knowledge of facts and all of which taken

17-18    together would lead a person of ordinary prudence and caution to

17-19    believe that the parent or person who has possession of the child

17-20    is currently using a controlled substance as defined by Chapter

17-21    481, Health and Safety Code, and the use constitutes an immediate

17-22    danger to the physical health of safety of the child.

17-23          SECTION 19.  Section 262.201, Family Code, is amended by

17-24    amending Subsection (c) and adding Subsection (e) to read as

17-25    follows:

17-26          (c)  If the court finds sufficient evidence to satisfy a

17-27    person of ordinary prudence and caution that there is a continuing

 18-1    danger to the physical health or safety of the child and for the

 18-2    child to remain in the home is contrary to the welfare of the

 18-3    child, the court shall:

 18-4                (1)  issue an appropriate temporary order under Chapter

 18-5    105; and

 18-6                (2)  inform each parent of the child in open court that

 18-7    parental and custodial rights and duties may be subject to

 18-8    restriction or termination unless that parent is willing and able

 18-9    to provide the child with a safe environment.

18-10          (e)  When citation has been made by publication for a parent

18-11    because the location of the parent is unknown, the court may render

18-12    a temporary order without delay at any time after the date of the

18-13    publication of citation.

18-14          SECTION 20.  Section 262.203, Family Code, is amended to read

18-15    as follows:

18-16          Sec. 262.203.  TRANSFER OF SUIT.  (a)  On the motion of a

18-17    party or the court's own motion, if applicable, the court that

18-18    rendered the temporary order shall transfer the suit in accordance

18-19    with procedures provided by Chapter 155:

18-20                (1)  to the court of continuing, exclusive

18-21    jurisdiction, if any; or

18-22                (2)  if there is no court of continuing jurisdiction,

18-23    to the court having venue of the suit affecting the parent-child

18-24    relationship under Chapter 103.

18-25          (b)  Notwithstanding Section 155.204, a motion to transfer

18-26    under this section is timely if made at any time after the date a

18-27    suit was filed under this chapter.

 19-1          SECTION 21.  Subchapter A, Chapter 263, Family Code, is

 19-2    amended by adding Sections 263.006, 263.007, and 263.008 to read as

 19-3    follows:

 19-4          Sec. 263.006.  WARNING TO PARENTS.  At the status hearing

 19-5    under Subchapter C and at each permanency hearing under Subchapter

 19-6    D held after the court has rendered a temporary order appointing

 19-7    the department as temporary managing conservator, the court shall

 19-8    inform each parent in open court that parental and custodial rights

 19-9    and duties may be subject to restriction or to termination unless

19-10    the parent or parents are willing and able to provide the child

19-11    with a safe environment.

19-12          Sec. 263.007.  DISMISSAL AFTER ONE YEAR.  (a)  Unless the

19-13    court has rendered a final order or granted an extension under

19-14    Subsection (b), on the first Monday after the first anniversary of

19-15    the date the court rendered a temporary order appointing the

19-16    department as temporary managing conservator, the court shall

19-17    dismiss the suit affecting the parent-child relationship filed by

19-18    the department that requests termination of the parent-child

19-19    relationship or requests that the department be named conservator

19-20    of the child.

19-21          (b)  On or before the time described by Subsection (a) for

19-22    the dismissal of the suit, the court may extend the court's

19-23    jurisdiction of the suit for a period stated in the extension

19-24    order, but not longer than 180 days after the time described by

19-25    Subsection (a), if the court has continuing jurisdiction of the

19-26    suit and the appointment of the department as temporary managing

19-27    conservator is in the best interest of the child.  If the court

 20-1    grants an extension, the extension order must also:

 20-2                (1)  schedule the new date for dismissal of the suit;

 20-3    and

 20-4                (2)  make further temporary orders for the safety and

 20-5    welfare of the child as necessary to avoid further delay in

 20-6    resolving the suit.

 20-7          (c)  If the court grants an extension, the court shall render

 20-8    a final order or dismiss the suit on the date specified in the

 20-9    extension order and may not grant an additional extension.

20-10          Sec. 263.008.  COOPERATIVE MEDIATION SERVICES.  (a)  The

20-11    department may provide cooperative mediation services to enhance

20-12    the successful return of children to families and, when

20-13    appropriate, to promote the voluntary termination of parental

20-14    rights for children who are in the department's conservatorship.

20-15          (b)  The contents of a cooperative mediation session are

20-16    confidential and may not be disclosed.

20-17          (c)  The Board of Protective and Regulatory Services shall

20-18    adopt rules necessary to implement this section.

20-19          SECTION 22.  Section 263.201, Family Code, is amended to read

20-20    as follows:

20-21          Sec. 263.201.  STATUS HEARING;  TIME.  Not later than the

20-22    60th day after the date the court renders a temporary order

20-23    appointing the department as temporary managing conservator of a

20-24    child [of a full adversary hearing under Chapter 262], the court

20-25    shall hold a status hearing to review the child's status and the

20-26    permanency plan developed for the child.

20-27          SECTION 23.  The heading to Subchapter D, Chapter 263, Family

 21-1    Code, is amended to read as follows:

 21-2                SUBCHAPTER D.  PERMANENCY [REVIEW] HEARINGS

 21-3          SECTION 24.  Sections 263.301(a) and (b), Family Code, are

 21-4    amended to read as follows:

 21-5          (a)  Notice of a permanency [review] hearing shall be given

 21-6    as provided by Rule 21a, Texas Rules of Civil Procedure, to all

 21-7    persons entitled to notice of the hearing.

 21-8          (b)  The following persons are entitled to at least 10 days'

 21-9    notice of a permanency hearing [to review a child's placement] and

21-10    are entitled to present evidence and be heard at the hearing:

21-11                (1)  the department;

21-12                (2)  the foster parent or director of the group home or

21-13    institution where the child is residing;

21-14                (3)  each parent of the child;

21-15                (4)  the managing conservator or guardian of the child;

21-16    [and]

21-17                (5)  an attorney ad litem appointed for the child under

21-18    Chapter 107;

21-19                (6)  a volunteer advocate appointed for the child under

21-20    Chapter 107; and

21-21                (7)  any other person or agency named by the court to

21-22    have an interest in the child's welfare.

21-23          SECTION 25.  Section 263.302, Family Code, is amended to read

21-24    as follows:

21-25          Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING.  The [court may

21-26    dispense with the attendance of the] child shall attend each

21-27    permanency hearing unless the court specifically excuses the

 22-1    child's attendance.  Failure by the child to attend a hearing does

 22-2    not affect the validity of an order rendered at the [at a placement

 22-3    review] hearing.

 22-4          SECTION 26.  Subchapter D, Chapter 263, Family Code, is

 22-5    amended by adding Section 263.3025 to read as follows:

 22-6          Sec. 263.3025.  PERMANENCY PLAN.  (a)  The department shall

 22-7    prepare a permanency plan for a child for whom the department has

 22-8    been appointed temporary managing conservator.  The department

 22-9    shall give a copy of the plan to each person entitled to notice

22-10    under Section 263.301(b) not later than the 10th day before the

22-11    date of the child's first permanency hearing.

22-12          (b)  In addition to the requirements of the department rules

22-13    governing permanency planning, the permanency plan must contain the

22-14    information required to be included in a permanency progress report

22-15    under Section 263.303.

22-16          (c)  The department shall modify the permanency plan for a

22-17    child as required by the circumstances and needs of the child.

22-18          SECTION 27.  Section 263.303, Family Code, is amended to read

22-19    as follows:

22-20          Sec. 263.303.  PERMANENCY PROGRESS [STATUS] REPORT.  (a)  Not

22-21    later than the 10th day before the date set for each permanency

22-22    hearing other than the first permanency [review] hearing, the

22-23    department or other authorized agency shall file with the court and

22-24    provide to each party, the child's attorney ad litem, and the

22-25    child's volunteer advocate a permanency  progress [status] report

22-26    unless the court orders a different period for providing the report

22-27    [or orders that a report is not required for a specific hearing].

 23-1          (b)  The permanency progress [status] report must:

 23-2                (1)  recommend that the suit be dismissed; or

 23-3                (2)  recommend that the suit continue, and:

 23-4                      (A)  identify the date for dismissal of the suit

 23-5    under this chapter;

 23-6                      (B)  provide:

 23-7                            (i)  the name of any person entitled to

 23-8    notice under Chapter 102 who has not been served;

 23-9                            (ii)  a description of the efforts by the

23-10    department or another agency to locate and request service of

23-11    citation; and

23-12                            (iii)  a description of each parent's

23-13    assistance in providing information necessary to locate an unserved

23-14    party;

23-15                      (C)  evaluate [all relevant information

23-16    concerning each of the guidelines under this chapter and] the

23-17    parties' compliance with temporary orders and with the service

23-18    plan;

23-19                      (D)  evaluate whether the child's placement in

23-20    substitute care meets the child's needs and recommend other plans

23-21    or services to meet the child's special needs or circumstances;

23-22                      (E)  describe the permanency plan for the child

23-23    and recommend actions necessary to ensure that a final order

23-24    consistent with that permanency plan is rendered before the date

23-25    for dismissal of the suit under Section 263.007; and

23-26                      (F) [(2)  recommend one of the following actions:]

23-27                      [(A)  that the child be returned to the child's

 24-1    home and that the suit be dismissed;]

 24-2                      [(B)  that the child be returned to the child's

 24-3    home with the department or other agency retaining conservatorship;]

 24-4                      [(C)  that the child remain in substitute care

 24-5    for a specified period and that the child's parents continue to

 24-6    work toward providing the child with a safe environment;]

 24-7                      [(D)  that the child remain in substitute care

 24-8    for a specified period and that termination of parental rights be

 24-9    sought under this code;]

24-10                      [(E)  that a child who has resided in substitute

24-11    care for at least 18 months be placed or remain in permanent or

24-12    long-term substitute care because of the child's special needs or

24-13    circumstances; or]

24-14                      [(F)  that other plans be made or other services

24-15    provided in accordance with the child's special needs or

24-16    circumstances; and]

24-17                [(3)]  with respect to a child 16 years of age or

24-18    older, identify the services needed to assist the child in the

24-19    transition to adult life.

24-20          (c)  A parent whose parental rights are the subject of a suit

24-21    affecting the parent-child relationship, the attorney for that

24-22    parent, or the child's attorney ad litem or guardian ad litem may

24-23    file a response to the department's or other agency's report filed

24-24    under Subsection (b).  A response must be filed not later than the

24-25    third day before the date of the hearing.

24-26          SECTION 28.  Section 263.304, Family Code, is amended to read

24-27    as follows:

 25-1          Sec. 263.304.  INITIAL PERMANENCY [REVIEW] HEARING; TIME.

 25-2    Not later than the 180th day after the date the court renders a

 25-3    temporary order appointing the department as temporary managing

 25-4    conservator of a child [of the conclusion of the full adversary

 25-5    hearing under Chapter 262], the court shall hold a permanency

 25-6    hearing to review the status of, and permanency plan for, the [a]

 25-7    child to ensure that a final order consistent with that permanency

 25-8    plan is rendered before the date for dismissal of the suit under

 25-9    Section 263.007 [in substitute care in the court's jurisdiction,

25-10    including the time for the completion of the plan and the projected

25-11    date for the achievement of the child's permanency plan].

25-12          SECTION 29.  Section 263.305, Family Code, is amended to read

25-13    as follows:

25-14          Sec. 263.305.  SUBSEQUENT PERMANENCY [REVIEW] HEARINGS.  A

25-15    subsequent permanency hearing [Subsequent review hearings] shall be

25-16    held [not earlier than 5 1/2 months and] not later than the 120th

25-17    day [seven months] after the date of  the last permanency hearing

25-18    in the suit.  For [unless, for] good cause shown or on the court's

25-19    own motion [by a party], the court may order more frequent hearings

25-20    [an earlier hearing is approved by the court].

25-21          SECTION 30.  Section 263.306, Family Code, is amended to read

25-22    as follows:

25-23          Sec. 263.306.  PERMANENCY [REVIEW] HEARINGS:  PROCEDURE.  At

25-24    each permanency [review] hearing the court shall [determine]:

25-25                (1)  identify [the identity of] all persons or parties

25-26    present at the hearing or those given notice but failing to appear;

25-27                (2)  review the efforts of the department or another

 26-1    agency in:

 26-2                      (A)  attempting to locate all necessary persons;

 26-3                      (B)  requesting service of citation; and

 26-4                      (C)  obtaining the assistance of a parent in

 26-5    providing information necessary to locate an absent parent;

 26-6                (3)  return the child to the parent or parents if

 26-7    [whether] the child's parent or parents are willing and able to

 26-8    provide the child with a safe environment and the return of the

 26-9    child is in the child's best interest;

26-10                (4)  return the child to a person or entity, other than

26-11    a parent, entitled to service under Chapter 102 if the person or

26-12    entity is willing and able to provide the child with a safe

26-13    environment and the return of the child is in the child's best

26-14    interest;

26-15                (5)  evaluate the department's efforts to identify

26-16    relatives who could provide the child with a safe environment, if

26-17    the child is not returned to a parent or another person or entity

26-18    entitled to service under Chapter 102;

26-19                (6)  evaluate the parties' compliance with temporary

26-20    orders and

26-21                [(3)  the extent to which the child's parents have

26-22    taken the necessary actions or responsibilities toward achieving

26-23    the plan goal during the period of the service plan and the extent

26-24    to which the department or other authorized agency has provided

26-25    assistance to the parents as provided in] the service plan;

26-26                (7)  determine [(4)] whether:

26-27                      (A)  the child continues to need substitute care;

 27-1                      (B)  [and whether] the child's current placement

 27-2    is appropriate for meeting the child's needs; and

 27-3                      (C)  other plans or services are needed to meet

 27-4    the child's special needs or circumstances;

 27-5                (8)  if the child is placed in institutional care,

 27-6    determine whether efforts have been made to ensure placement of the

 27-7    child in the least restrictive environment consistent with the best

 27-8    interest and special needs of the child;

 27-9                (9)  if the child is 16 years of age or older, order

27-10    services that are needed to assist the child in making the

27-11    transition from substitute care to independent living if the

27-12    services are available in the community;

27-13                (10)  determine plans, services, and further temporary

27-14    orders necessary to ensure that a final order is rendered before

27-15    the date for dismissal of the suit under Section 263.007; and

27-16                (11)  determine the date for dismissal of the suit

27-17    under Section 263.007 and give notice in open court to all parties

27-18    of:

27-19                      (A)  the dismissal date;

27-20                      (B)  the date of the next permanency hearing; and

27-21                      (C)  the date the suit is set for trial.

27-22                [(5)  a date for achieving the child's permanency plan;]

27-23                [(6)  if the child has been in substitute care for not

27-24    less than 18 months, the future status of the child and the

27-25    appropriateness of the date by which the child may return home and

27-26    whether to render further appropriate orders;]

27-27                [(7)  if the child is in substitute care outside the

 28-1    state, whether the out-of-state placement continues to be

 28-2    appropriate and in the best interest of the child;]

 28-3                [(8)  whether the child's parents are willing and able

 28-4    to provide the child with a safe environment without the assistance

 28-5    of a service plan and, if so, return the child to the parents;]

 28-6                [(9)  whether the child's parents are willing and able

 28-7    to provide the child with a safe environment with the assistance of

 28-8    a service plan and, if so, return the child or continue the

 28-9    placement of the child in the child's home under the department's

28-10    or other agency's supervision;]

28-11                [(10)  whether the child's parents are presently

28-12    unwilling or unable to provide the child with a safe environment,

28-13    even with the assistance of a service plan, and, if so, order the

28-14    child to remain under the department's or other agency's managing

28-15    conservatorship for a period of time specified by the court;]

28-16                [(11)  whether a long-term substitute care placement is

28-17    in the child's best interest because of the child's special needs

28-18    or circumstances and, if so, begin a long-term substitute care

28-19    placement and if the child is placed in institutional care, whether

28-20    efforts have been made to ensure placement of the child in the

28-21    least restrictive environment consistent with the best interest and

28-22    special needs of the child;]

28-23                [(12)  whether a child is 16 years of age or older and,

28-24    if so, order the services that are needed to assist the child in

28-25    making the transition from substitute care to independent living if

28-26    the services are available in the community;]

28-27                [(13)  whether the child has been placed with the

 29-1    department under a voluntary placement agreement and, if so, order

 29-2    that the department will institute further proceedings or return

 29-3    the child to the parents;]

 29-4                [(14)  whether the department or authorized agency has

 29-5    custody, care, and control of the child under an affidavit of

 29-6    relinquishment of parental rights naming the department managing

 29-7    conservator and, if so, direct the department or authorized agency

 29-8    to institute further proceedings; and]

 29-9                [(15)  whether parental rights to the child have been

29-10    terminated and, if so, determine whether the department or

29-11    authorized agency will attempt to place the child for adoption.]

29-12          SECTION 31.  Chapter 263, Family Code, is amended by adding

29-13    Subchapter E to read as follows:

29-14                 SUBCHAPTER E.  PLACEMENT REVIEW HEARINGS

29-15          Sec. 263.401.  PLACEMENT REVIEW AFTER FINAL ORDER.  (a)  If

29-16    the department has been named as a child's managing conservator in

29-17    a final order that does not include termination of parental rights,

29-18    the court shall conduct a placement review hearing at least once

29-19    every six months until the child becomes an adult.

29-20          (b)  If the department has been named as a child's managing

29-21    conservator in a final order that terminates a parent's parental

29-22    rights, the court shall conduct a placement review hearing at least

29-23    once every six months until the date the child is adopted or the

29-24    child becomes an adult.

29-25          (c)  Notice of a placement review hearing shall be given as

29-26    provided by Rule 21a, Texas Rules of Civil Procedure, to each

29-27    person entitled to notice of the hearing.

 30-1          (d)  The following are entitled to not less than 10 days'

 30-2    notice of a placement review hearing:

 30-3                (1)  the department;

 30-4                (2)  the foster parent or director of the group home or

 30-5    institution in which the child is residing;

 30-6                (3)  each parent of the child;

 30-7                (4)  each possessory conservator or guardian of the

 30-8    child;

 30-9                (5)  the child's attorney ad litem and volunteer

30-10    advocate, if the appointments were not dismissed in the final

30-11    order; and

30-12                (6)  any other person or agency named by the court as

30-13    having an interest in the child's welfare.

30-14          (e)  The court may dispense with the requirement that the

30-15    child attend a placement review hearing.

30-16          Sec. 263.402.  PLACEMENT REVIEW REPORT.  (a)  Not later than

30-17    the 10th day before the date set for a placement review hearing,

30-18    the department or other authorized agency shall file a placement

30-19    review report with the court and provide a copy to each person

30-20    entitled to notice under Section 263.401(d).

30-21          (b)  For good cause shown, the court may order a different

30-22    time for filing the placement review report or may order that a

30-23    report is not required for a specific hearing.

30-24          (c)  The placement review report must:

30-25                (1)  evaluate whether the child's current placement is

30-26    appropriate for meeting the child's needs;

30-27                (2)  evaluate whether efforts have been made to ensure

 31-1    placement of the child in the least restrictive environment

 31-2    consistent with the best interest and special needs of the child if

 31-3    the child is placed in institutional care;

 31-4                (3)  identify the services that are needed to assist a

 31-5    child who is at least 16 years of age in making the transition from

 31-6    substitute care to independent living if the services are available

 31-7    in the community;

 31-8                (4)  identify other plans or services that are needed

 31-9    to meet the child's special needs or circumstances; and

31-10                (5)  describe the efforts of the department or

31-11    authorized agency to place the child for adoption if parental

31-12    rights to the child have been terminated and the child is eligible

31-13    for adoption.

31-14          Sec. 263.403.  PLACEMENT REVIEW HEARINGS; PROCEDURE.  At each

31-15    placement review hearing, the court shall determine whether:

31-16                (1)  the child's current placement is appropriate for

31-17    meeting the child's needs;

31-18                (2)  efforts have been made to ensure placement of the

31-19    child in the least restrictive environment consistent with the best

31-20    interest and special needs of the child if the child is placed in

31-21    institutional care;

31-22                (3)  the services that are needed to assist a child who

31-23    is at least 16 years of age in making the transition from

31-24    substitute care to independent living are available in the

31-25    community;

31-26                (4)  other plans or services are needed to meet the

31-27    child's special needs or circumstances; and

 32-1                (5)  the department or authorized agency has exercised

 32-2    due diligence in attempting to place the child for adoption if

 32-3    parental rights to the child have been terminated and the child is

 32-4    eligible for adoption.

 32-5          SECTION 32.  Section 264.004, Family Code, is amended by

 32-6    adding Subsection (c) to read as follows:

 32-7          (c)  The department may use state and federal funds to

 32-8    provide benefits or services to children and families who are

 32-9    otherwise eligible for the benefits or services, including foster

32-10    care, adoption assistance, medical assistance, family reunification

32-11    services, and other child protective services and related benefits

32-12    without regard to the immigration status of the child or the

32-13    child's family.

32-14          SECTION 33.  Section 264.005, Family Code, is amended by

32-15    adding Subsections (f) and (g) to read as follows:

32-16          (f)  A county child protective services board member may

32-17    receive information that is confidential under Section 40.005,

32-18    Human Resources Code, or Section 261.201 when the board member is

32-19    acting in the member's official capacity.

32-20          (g)  A child welfare board may conduct a closed meeting under

32-21    Section 551.101, Government Code, to discuss, consider, or act on a

32-22    matter that is confidential under Section 40.005, Human Resources

32-23    Code, or Section 261.201.

32-24          SECTION 34.  Section 264.006, Family Code, is amended to read

32-25    as follows:

32-26          Sec. 264.006.  COUNTY FUNDS.  The commissioners court of a

32-27    county may appropriate funds from its general fund or any other

 33-1    fund for the administration of its county child welfare board.  The

 33-2    court may provide for services to and support of children in need

 33-3    of protection and care without regard to the immigration status of

 33-4    the child or the child's family.

 33-5          SECTION 35.  Subchapter A, Chapter 264, Family Code, is

 33-6    amended by adding Sections 264.011 and 264.012 to read as follows:

 33-7          Sec. 264.011.  LOCAL ACCOUNTS.  (a)  The department may

 33-8    establish and maintain local bank or savings accounts for a child

 33-9    who is under the managing conservatorship of the department as

33-10    necessary to administer funds received in trust for or on behalf of

33-11    the child.

33-12          (b)  Funds maintained in an account under this section may be

33-13    used by the department to support the child, including for the

33-14    payment of foster care expenses, or may be paid to a person

33-15    providing care for the child.

33-16          Sec. 264.012.  FUNERAL EXPENSES FOR CHILD IN FOSTER CARE.

33-17    The department may spend funds appropriated for the child

33-18    protective services program to pay reasonable and necessary funeral

33-19    expenses for a child for whom the department has been appointed

33-20    managing conservator and who dies in foster care.

33-21          SECTION 36.  Section 264.101, Family Code, is amended to read

33-22    as follows:

33-23          Sec. 264.101.  FOSTER CARE PAYMENTS.  (a)  The department may

33-24    pay the cost of [protective] foster care for a child:

33-25                (1)  for whom the department has [initiated a suit and

33-26    has] been named managing conservator under an order rendered under

33-27    this title; and

 34-1                (2)  who is a resident of the state and who:

 34-2                      (A)  has been placed by the department in a

 34-3    foster home or child care institution, as defined by Chapter 42,

 34-4    Human Resources Code; or

 34-5                      (B)  is under placement and care that is the

 34-6    responsibility of an agency with which the department has entered

 34-7    into an agreement to provide care and supervision of the child

 34-8    [ineligible for foster care payments under the aid to families with

 34-9    dependent children program of the Texas Department of Human

34-10    Services].

34-11          (b)  The department may not pay the cost of protective foster

34-12    care for a child for whom the department has been named managing

34-13    conservator under an order rendered solely under Section

34-14    161.001(1)(J) [161.001].

34-15          (c)  The payment [total amount] of [payments for protective]

34-16    foster care, including medical care, for a child as authorized

34-17    under this  subchapter shall be made without regard to the child's

34-18    eligibility for federally funded care [must be equal to the total

34-19    amount of payments made for similar care for a child eligible for

34-20    the aid to families with dependent children program of the Texas

34-21    Department of Human Services].

34-22          (d)  The Board of Protective and Regulatory Services may

34-23    adopt rules that establish criteria and guidelines for the payment

34-24    of foster care, including medical care, for a child and for

34-25    providing care for a child after the child becomes 18 years of age

34-26    if the child is regularly attending high school, an institution of

34-27    higher education, or a vocational or technical program.

 35-1          (e)  The department may accept and spend funds available from

 35-2    any source to pay for foster care, including medical care, for a

 35-3    child in the department's care.

 35-4          (f)  In this section, "child" means a person who:

 35-5                (1)  is under 22 years of age and for whom the

 35-6    department has been appointed managing conservator of the child

 35-7    before the date the child became 18 years of age; or

 35-8                (2)  is the responsibility of an agency with which the

 35-9    department has entered into an agreement to provide care and

35-10    supervision of the child.

35-11          SECTION 37.  Subchapter A, Chapter 264, Family Code, is

35-12    amended by adding Section 264.1015 to read as follows:

35-13          Sec. 264.1015.  LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.

35-14    (a)  The cost of foster care provided for a child, including

35-15    medical care, is an obligation of the child, and the estate of the

35-16    child is liable to the department for the cost of the care.

35-17          (b)  The department may take action to recover from the

35-18    estate of the child the cost of foster care for the child.

35-19          SECTION 38.  Section 264.104, Family Code, is amended by

35-20    amending Subsection (b) and adding Subsection (c) to read as

35-21    follows:

35-22          (b)  The cost of foster care for a child, including medical

35-23    care, is a legal obligation of the child's parents, and the estate

35-24    of a parent of the child is liable to the department for payment of

35-25    the costs.

35-26          (c)  The funds collected by the state under this section

35-27    shall be used by the department for child welfare services.

 36-1          SECTION 39.  Section 264.105, Family Code, is amended to read

 36-2    as follows:

 36-3          Sec. 264.105.  MEDICAL SERVICES PAYMENTS [LIMITATION].  The

 36-4    department shall attempt to maximize the use of federal funding to

 36-5    [may not] provide [the] medical care payments authorized by Section

 36-6    264.101(c) [if:]

 36-7                [(1)  a federal law or regulation prohibits those

 36-8    medical payments unless medical payments are also provided for

 36-9    medically needy children who are not eligible for the aid to

36-10    families with dependent children program of the Texas Department of

36-11    Human Services and] for children for whom the department has been

36-12    [is not] named managing conservator[; or]

36-13                [(2)  the federal government does not fund at least 50

36-14    percent of the cost of the medical payments authorized by this

36-15    subchapter].

36-16          SECTION 40.  Section 264.302(c), Family Code, is amended to

36-17    read as follows:

36-18          (c)  The department may not provide services under this

36-19    section to a child who has:

36-20                (1)  at any time been referred to juvenile court for

36-21    engaging in conduct that violates a penal law of this state of the

36-22    grade of felony other than a state jail felony; or

36-23                (2)  been found to have engaged in delinquent conduct

36-24    under Title 3.

36-25          SECTION 41.  Section 25.002(f), Education Code, is amended to

36-26    read as follows:

36-27          (f)  Except as otherwise provided by this subsection, for a

 37-1    child to be enrolled in a public school, the child must be enrolled

 37-2    by the child's parent or by the child's guardian or other person

 37-3    with legal control of the child under a court order.  [If a person

 37-4    with legal authority to enroll the child in school cannot be

 37-5    identified and located, the school district that receives the

 37-6    child's application for enrollment shall notify the Department of

 37-7    Protective and Regulatory Services and shall admit the child as

 37-8    provided by Section 25.001.  The district shall direct any

 37-9    communication that is required with a parent to the Department of

37-10    Protective and Regulatory Services unless that department specifies

37-11    otherwise.  In this subsection, "child" has the meaning assigned by

37-12    Section 101.003, Family Code.]

37-13          SECTION 42.  Sections 261.312(e), 263.308, and 263.309,

37-14    Family Code, are repealed.

37-15          SECTION 43.  A change in law made by this Act that applies to

37-16    a case in which the Department of Protective and Regulatory

37-17    Services has been appointed conservator of a child applies

37-18    regardless of whether the appointment is made before, on, or after

37-19    the effective date of this Act.

37-20          SECTION 44.  The importance of this legislation and the

37-21    crowded condition of the calendars in both houses create an

37-22    emergency and an imperative public necessity that the

37-23    constitutional rule requiring bills to be read on three several

37-24    days in each house be suspended, and this rule is hereby suspended.