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.