Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Reyna of Dallas H.B. No. 2245
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the parent-child relationship, suits affecting the
1-3 parent-child relationship, and the protection of children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 107.006, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
1-8 QUALIFICATIONS. (a) The local administrative district judge in
1-9 each county in a Department of Protective and Regulatory Services
1-10 region for child protective services that contains a county having
1-11 a population of 2.8 million or more shall establish a pool from
1-12 which guardians ad litem and attorneys ad litem are appointed for
1-13 proceedings in the district courts of the county. A local
1-14 administrative district judge in any other county may establish a
1-15 pool from which guardians ad litem and attorneys ad litem are
1-16 appointed for proceedings in the district courts of that county.
1-17 To be eligible for a pool established under this subsection, a
1-18 person must meet the requirements of Subsection (b).
1-19 (b) Before a person may be appointed as a guardian ad litem
1-20 or attorney ad litem, the person must:
1-21 (1) complete training approved [provided] by the State
1-22 Bar of Texas in family law, the representation of children, and the
1-23 responsibilities of ad litems;
1-24 (2) complete as part of the person's annual continuing
2-1 legal education requirement not fewer than three hours in family
2-2 law issues related to the representation of children; and
2-3 (3) meet other requirements established by the local
2-4 administrative district judge.
2-5 (c) [(b)] Before appointment as a guardian ad litem or an
2-6 attorney ad litem, the person must have read, acknowledged by
2-7 signing, and filed with the local administrative judge a written
2-8 statement prepared by the local administrative district judge that
2-9 lists the responsibilities of an ad litem, some or all of which may
2-10 be appropriate to the person's specific case. The court shall
2-11 retain a copy of the acknowledgment for two years. To continue to
2-12 receive appointments under this section, the person must execute a
2-13 new statement at least every two years.
2-14 (d) [(c)] A party to a proceeding in which a person is
2-15 appointed as a guardian ad litem or an attorney ad litem may object
2-16 to appointment of the person at any time before the date of the
2-17 trial of the proceeding by filing a written motion. A party may
2-18 object under this subsection on the grounds that the party believes
2-19 that the person appointed lacks objectivity or is failing to
2-20 fulfill the person's responsibilities as an ad litem as outlined in
2-21 the written statement of ad litem responsibilities. The court
2-22 shall promptly rule on an objection raised under this subsection
2-23 and shall order the removal of the guardian ad litem or attorney ad
2-24 litem if the court finds that the objection is justifiable
2-25 [reasonable].
2-26 (e) [(d)] A person appointed as a guardian ad litem or
2-27 attorney ad litem shall complete and submit to the court a voucher
2-28 or claim for payment that includes the fees charged and hours
2-29 worked by the ad litem. Information submitted under this section
2-30 is subject to disclosure under Chapter 552, Government Code.
3-1 (f) [(e)] The Bureau of Vital Statistics may compile
3-2 information submitted under Subsection (e) [(d)] for a county that
3-3 maintains that information on an electronic database. On the
3-4 request of the bureau, the county shall provide the information.
3-5 Information compiled by the bureau under this section shall be made
3-6 available to the Department of Protective and Regulatory Services.
3-7 SECTION 2. Section 151.002, Family Code, is amended by
3-8 adding Subsection (c) to read as follows:
3-9 (c) If a man fails to claim paternity before the 30th day
3-10 after the date of the birth of the child, he may not assert any
3-11 interest in the child with respect to the adoption of the child,
3-12 the termination of paternal rights, or the establishment of
3-13 paternity after the filing of a suit for termination of the man's
3-14 parental rights or for the adoption of the child unless the person
3-15 proves by clear and convincing evidence that:
3-16 (1) it was not possible to file a notice of intent to
3-17 claim paternity within the prescribed time; and
3-18 (2) a notice of intent to claim paternity was filed
3-19 before the 30th day after the date it became possible to file the
3-20 notice.
3-21 SECTION 3. Subsection (a), Section 151.003, Family Code, is
3-22 amended to read as follows:
3-23 (a) A parent of a child has the following rights and duties:
3-24 (1) the right to have physical possession, to direct
3-25 the moral and religious training, and to establish the residence of
3-26 the child;
3-27 (2) the duty of care, control, protection, and
3-28 reasonable discipline of the child;
3-29 (3) the duty to support the child, including providing
3-30 the child with clothing, food, shelter, medical and dental care,
4-1 and education;
4-2 (4) the duty, except when a guardian of the child's
4-3 estate has been appointed, to manage the estate of the child,
4-4 including the right as an agent of the child to act in relation to
4-5 the child's estate if the child's action is required by a state,
4-6 the United States, or a foreign government;
4-7 (5) the duty to acknowledge parentage in accordance
4-8 with Section 151.002 or 160.201;
4-9 (6) the right to the services and earnings of the
4-10 child;
4-11 (7) [(6)] the right to consent to the child's
4-12 marriage, enlistment in the armed forces of the United States,
4-13 medical and dental care, and psychiatric, psychological, and
4-14 surgical treatment;
4-15 (8) [(7)] the right to represent the child in legal
4-16 action and to make other decisions of substantial legal
4-17 significance concerning the child;
4-18 (9) [(8)] the right to receive and give receipt for
4-19 payments for the support of the child and to hold or disburse funds
4-20 for the benefit of the child;
4-21 (10) [(9)] the right to inherit from and through the
4-22 child;
4-23 (11) [(10)] the right to make decisions concerning the
4-24 child's education; and
4-25 (12) [(11)] any other right or duty existing between a
4-26 parent and child by virtue of law.
4-27 SECTION 4. Section 161.001, Family Code, is amended to read
4-28 as follows:
4-29 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
4-30 RELATIONSHIP. The court may order termination of the parent-child
5-1 relationship if the court finds by clear and convincing evidence:
5-2 (1) that the parent has:
5-3 (A) voluntarily left the child alone or in the
5-4 possession of another not the parent and expressed an intent not to
5-5 return;
5-6 (B) voluntarily left the child alone or in the
5-7 possession of another not the parent without expressing an intent
5-8 to return, without providing for the adequate support of the child,
5-9 and remained away for a period of at least three months;
5-10 (C) voluntarily left the child alone or in the
5-11 possession of another without providing adequate support of the
5-12 child and remained away for a period of at least six months;
5-13 (D) knowingly placed or knowingly allowed the
5-14 child to remain in conditions or surroundings which endanger the
5-15 physical or emotional well-being of the child;
5-16 (E) engaged in conduct or knowingly placed the
5-17 child with persons who engaged in conduct which endangers the
5-18 physical or emotional well-being of the child;
5-19 (F) failed to support the child in accordance
5-20 with his ability during a period of one year ending within six
5-21 months of the date of the filing of the petition;
5-22 (G) abandoned the child without identifying the
5-23 child or furnishing means of identification, and the child's
5-24 identity cannot be ascertained by the exercise of reasonable
5-25 diligence;
5-26 (H) voluntarily, and with knowledge of the
5-27 pregnancy, abandoned the mother of the child beginning at a time
5-28 during her pregnancy with the child and continuing through the
5-29 birth, failed to provide adequate support or medical care for the
5-30 mother during the period of abandonment before the birth of the
6-1 child, and remained apart from the child or failed to support the
6-2 child since the birth;
6-3 (I) contumaciously refused to submit to a
6-4 reasonable and lawful order of a court under Chapter 264;
6-5 (J) been the major cause of:
6-6 (i) the failure of the child to be
6-7 enrolled in school as required by the Education Code; or
6-8 (ii) the child's absence from the child's
6-9 home without the consent of the parents or guardian for a
6-10 substantial length of time or without the intent to return;
6-11 (K) executed before or after the suit is filed
6-12 an unrevoked or irrevocable affidavit of relinquishment of parental
6-13 rights as provided by this chapter;
6-14 (L) been adjudicated to be criminally
6-15 responsible for the death or serious injury of a child;
6-16 (M) had his or her parent-child relationship
6-17 terminated with respect to another child based on a finding that
6-18 the parent's conduct was in violation of Paragraph (D) or (E) or
6-19 substantially equivalent provisions of the law of another state;
6-20 [or]
6-21 (N) constructively abandoned the child who has
6-22 been in the permanent or temporary managing conservatorship of the
6-23 Department of Protective and Regulatory Services or an authorized
6-24 agency [for not less than one year], and:
6-25 (i) the department or authorized agency
6-26 has made reasonable efforts to return the child to the parent; and
6-27 (ii) the parent has not regularly visited
6-28 and [or] maintained significant contact with the child or[; and]
6-29 [(iii) the parent has] demonstrated an
6-30 ability [inability] to provide the child with a safe environment;
7-1 (O) been adjudicated to be criminally
7-2 responsible for:
7-3 (i) aggravated sexual assault of a child;
7-4 (ii) sexual assault of a child;
7-5 (iii) indecency with a child;
7-6 (iv) sexual performance by a child; or
7-7 (v) employment harmful to children; or
7-8 (P) failed to comply with the provisions of a
7-9 court order that specifically established the actions necessary for
7-10 the parent to obtain the return of the child who has been in the
7-11 permanent or temporary managing conservatorship of the Department
7-12 of Protective and Regulatory Services as a result of the child's
7-13 removal from the parent under Chapter 262 for the abuse or neglect
7-14 of the child; and
7-15 (2) that termination is in the best interest of the
7-16 child.
7-17 SECTION 5. Section 161.002, Family Code, is amended by
7-18 adding Subsections (c), (d), and (e) to read as follows:
7-19 (c) Ignorance of a pregnancy is not sufficient reason for
7-20 failing to timely file an admission of paternity or a counterclaim
7-21 for paternity under Chapter 160 prior to the final hearing in the
7-22 suit.
7-23 (d) Misrepresentation by the mother or another person
7-24 concerning the facts of the pregnancy, including the identity of
7-25 the father, is not sufficient reason for failing to timely file an
7-26 admission of paternity or a counterclaim for paternity under
7-27 Chapter 160 prior to the final hearing in the suit.
7-28 (e) A man who has sexual intercourse with a woman is deemed
7-29 to have knowledge that sexual intercourse can result in the woman's
7-30 pregnancy and shall file a notice of intent to claim paternity as
8-1 provided by Chapter 160 to assert his right to establish paternity
8-2 of a child that may result from the sexual intercourse.
8-3 SECTION 6. Subchapter A, Chapter 262, Family Code, is
8-4 amended by adding Section 262.008 to read as follows:
8-5 Sec. 262.008. ABANDONED CHILDREN. (a) An authorized
8-6 representative of the Department of Protective and Regulatory
8-7 Services may assume the care, control, and custody of a child:
8-8 (1) who is abandoned without identification or a means
8-9 for identifying the child; and
8-10 (2) whose identity cannot be ascertained by the
8-11 exercise of reasonable diligence.
8-12 (b) The department shall immediately file a suit to
8-13 terminate the parent-child relationship of a child under Subsection
8-14 (a).
8-15 (c) A child for whom possession is assumed under this
8-16 section need not be delivered to the court except on the order of
8-17 the court.
8-18 SECTION 7. Subchapter A, Chapter 263, Family Code, is
8-19 amended by adding Sections 263.006 and 263.007 to read as follows:
8-20 Sec. 263.006. ABANDONED CHILD. (a) On obtaining possession
8-21 of a child who is abandoned without identification and whose
8-22 identity cannot be ascertained by the exercise of reasonable
8-23 diligence, the department shall file, as soon as possible, a suit
8-24 to terminate the parent-child relationship. The department may
8-25 seek termination of the parent-child relationship without filing a
8-26 service plan under Subchapter B or conducting a status hearing
8-27 under Subchapter C or a permanency hearing under Subchapter D.
8-28 (b) The court shall order termination of the parent-child
8-29 relationship on a showing by the department by clear and convincing
8-30 evidence that:
9-1 (1) grounds for termination under Section
9-2 161.001(1)(G) exist; and
9-3 (2) termination is in the best interest of the child.
9-4 Sec. 263.007. ABUSE, DRUG OR ALCOHOL ABUSE, AND FAILURE TO
9-5 MEET PAST SERVICE PLANS. (a) After conducting an investigation
9-6 under Chapter 261, the department may seek termination of the
9-7 parent-child relationship without filing a service plan under
9-8 Subchapter B or conducting a status hearing under Subchapter C or a
9-9 permanency hearing under Subchapter D if the parent of the child:
9-10 (1) suffers from drug or alcohol abuse;
9-11 (2) has abused the child or another child in the
9-12 parent's custody;
9-13 (3) has failed to meet past service plan goals; or
9-14 (4) has failed to protect the child or another child
9-15 in the parent's custody from abuse.
9-16 (b) The court shall order termination of the parent-child
9-17 relationship on a showing by the department by clear and convincing
9-18 evidence of a ground for termination under Section 161.001(1) and
9-19 that termination is in the best interest of the child.
9-20 (c) In this section "abuse" has the meaning assigned by
9-21 Section 261.001(1).
9-22 SECTION 8. Section 263.201, Family Code, is amended to read
9-23 as follows:
9-24 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
9-25 day after the date the court renders a temporary order appointing
9-26 the department as temporary managing conservator of a child [of a
9-27 full adversary hearing under Chapter 262], the court shall hold a
9-28 status hearing to review the child's status and the permanency plan
9-29 developed for the child.
9-30 SECTION 9. The heading to Subchapter D, Chapter 263, Family
10-1 Code, is amended to read as follows:
10-2 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
10-3 SECTION 10. Subsections (a) and (b), Section 263.301, Family
10-4 Code, are amended to read as follows:
10-5 (a) Notice of a permanency [review] hearing shall be given
10-6 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
10-7 persons entitled to notice of the hearing.
10-8 (b) The following persons are entitled to at least 10 days'
10-9 notice of a permanency hearing [to review a child's placement] and
10-10 are entitled to present evidence and be heard at the hearing:
10-11 (1) the department;
10-12 (2) the foster parent or director of the group home or
10-13 institution where the child is residing;
10-14 (3) each parent of the child;
10-15 (4) the managing conservator or guardian of the child;
10-16 [and]
10-17 (5) an attorney ad litem appointed for the child under
10-18 Chapter 107;
10-19 (6) a volunteer advocate appointed for the child under
10-20 Chapter 107; and
10-21 (7) any other person or agency named by the court to
10-22 have an interest in the child's welfare.
10-23 SECTION 11. Subchapter D, Chapter 263, Family Code, is
10-24 amended by amending Section 263.302 and adding Section 263.3025 to
10-25 read as follows:
10-26 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
10-27 dispense with the attendance of the] child shall attend each
10-28 permanency hearing unless the court specifically excuses the
10-29 child's attendance. Failure by the child to attend a hearing does
10-30 not affect the validity of an order rendered at the [at a placement
11-1 review] hearing.
11-2 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
11-3 prepare a permanency plan for a child for whom the department has
11-4 been appointed temporary managing conservator. The department
11-5 shall give a copy of the plan to each person entitled to notice
11-6 under Section 263.301(b) not later than the 10th day before the
11-7 date of the child's first permanency hearing.
11-8 (b) In addition to the requirements of the department rules
11-9 governing permanency planning, the permanency plan must contain the
11-10 information required to be included in a permanency progress report
11-11 under Section 263.303.
11-12 (c) The department shall modify the permanency plan for a
11-13 child as required by the circumstances and needs of the child.
11-14 SECTION 12. Subchapter D, Chapter 263, Family Code, is
11-15 amended by amending Sections 263.303, 263.304, and 263.305 and
11-16 adding Section 263.3055 to read as follows:
11-17 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
11-18 later than the 10th day before the date set for each permanency
11-19 hearing other than the first permanency [review] hearing, the
11-20 department or other authorized agency shall file with the court and
11-21 provide to each party, the child's attorney ad litem, and the
11-22 child's volunteer advocate a permanency progress [status] report
11-23 unless the court orders a different period for providing the report
11-24 [or orders that a report is not required for a specific hearing].
11-25 (b) The permanency progress [status] report must:
11-26 (1) recommend that the suit be dismissed; or
11-27 (2) recommend that the suit continue and:
11-28 (A) identify the date for dismissal of the suit
11-29 under Section 263.3055;
11-30 (B) provide:
12-1 (i) the name of any person entitled to
12-2 notice under Chapter 102 who has not been served;
12-3 (ii) a description of the efforts by the
12-4 department or another agency to locate and request service of
12-5 citation; and
12-6 (iii) a description of each parent's
12-7 assistance in providing information necessary to locate an unserved
12-8 party;
12-9 (C) evaluate [all relevant information
12-10 concerning each of the guidelines under this chapter and] the
12-11 parties' compliance with temporary orders and with the service
12-12 plan;
12-13 (D) evaluate whether the child's placement in
12-14 substitute care meets the child's needs and recommend other plans
12-15 or services to meet the child's special needs or circumstances;
12-16 (E) describe the permanency plan for the child
12-17 and recommend actions necessary to ensure that a final order
12-18 consistent with that permanency plan is rendered before the date
12-19 for dismissal of the suit under Section 263.3055; and
12-20 (F) [(2) recommend one of the following actions:]
12-21 [(A) that the child be returned to the child's
12-22 home and that the suit be dismissed;]
12-23 [(B) that the child be returned to the child's
12-24 home with the department or other agency retaining conservatorship;]
12-25 [(C) that the child remain in substitute care
12-26 for a specified period and that the child's parents continue to
12-27 work toward providing the child with a safe environment;]
12-28 [(D) that the child remain in substitute care
12-29 for a specified period and that termination of parental rights be
12-30 sought under this code;]
13-1 [(E) that a child who has resided in substitute
13-2 care for at least 18 months be placed or remain in permanent or
13-3 long-term substitute care because of the child's special needs or
13-4 circumstances; or]
13-5 [(F) that other plans be made or other services
13-6 provided in accordance with the child's special needs or
13-7 circumstances; and]
13-8 [(3)] with respect to a child 16 years of age or
13-9 older, identify the services needed to assist the child in the
13-10 transition to adult life.
13-11 (c) A parent whose parental rights are the subject of a suit
13-12 affecting the parent-child relationship, the attorney for that
13-13 parent, or the child's attorney ad litem or guardian ad litem may
13-14 file a response to the department's or other agency's report filed
13-15 under Subsection (b). A response must be filed not later than the
13-16 third day before the date of the hearing.
13-17 (d) The permanency progress report for the first permanency
13-18 hearing conducted on or after the first anniversary of the date the
13-19 child was placed in the conservatorship of the department shall
13-20 recommend:
13-21 (1) that the child be returned to the child's parents
13-22 and that the suit be dismissed; or
13-23 (2) that the parents' parental rights to the child be
13-24 terminated and that the department remain the conservator of the
13-25 child.
13-26 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
13-27 Not later than the 180th day after the date the court renders a
13-28 temporary order appointing the department as temporary managing
13-29 conservator of a child [of the conclusion of the full adversary
13-30 hearing under Chapter 262], the court shall hold a permanency
14-1 hearing to review the status of, and permanency plan for, the [a]
14-2 child to ensure that a final order consistent with that permanency
14-3 plan is rendered before the date for dismissal of the suit under
14-4 Section 263.3055 [in substitute care in the court's jurisdiction,
14-5 including the time for the completion of the plan and the projected
14-6 date for the achievement of the child's permanency plan].
14-7 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
14-8 subsequent permanency hearing [Subsequent review hearings] shall be
14-9 held [not earlier than 5 1/2 months and] not later than the 120th
14-10 day [seven months] after the date of the last permanency hearing
14-11 in the suit. For [unless, for] good cause shown or on the court's
14-12 own motion [by a party], the court may order more frequent hearings
14-13 [an earlier hearing is approved by the court].
14-14 Sec. 263.3055. COURT ORDER FOLLOWING ONE YEAR OF
14-15 CONSERVATORSHIP WITH DEPARTMENT. At the first permanency hearing
14-16 conducted on or after the first anniversary of the date the child
14-17 was placed in the conservatorship of the department, the court
14-18 shall order:
14-19 (1) that the child be returned to the child's parents
14-20 and that the suit be dismissed; or
14-21 (2) that the parents' parental rights to the child be
14-22 terminated and that the department remain the conservator of the
14-23 child.
14-24 SECTION 13. Section 263.306, Family Code, is amended to read
14-25 as follows:
14-26 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
14-27 each permanency [review] hearing the court shall [determine]:
14-28 (1) identify [the identity of] all persons or parties
14-29 present at the hearing or those given notice but failing to appear;
14-30 (2) review the efforts of the department or another
15-1 agency in:
15-2 (A) attempting to locate all necessary persons;
15-3 (B) requesting service of citation; and
15-4 (C) obtaining the assistance of a parent in
15-5 providing information necessary to locate an absent parent;
15-6 (3) return the child to the parent or parents if
15-7 [whether] the child's parent or parents are willing and able to
15-8 provide the child with a safe environment and the return of the
15-9 child is in the child's best interest;
15-10 (4) return the child to a person or entity, other than
15-11 a parent, entitled to service under Chapter 102 if the person or
15-12 entity is willing and able to provide the child with a safe
15-13 environment and the return of the child is in the child's best
15-14 interest;
15-15 (5) evaluate the department's efforts to identify
15-16 relatives who could provide the child with a safe environment if
15-17 the child is not returned to a parent or another person or entity
15-18 entitled to service under Chapter 102;
15-19 (6) evaluate the parties' compliance with temporary
15-20 orders and [(3) the extent to which the child's parents have taken
15-21 the necessary actions or responsibilities toward achieving the plan
15-22 goal during the period of the service plan and the extent to which
15-23 the department or other authorized agency has provided assistance
15-24 to the parents as provided in] the service plan;
15-25 (7) determine [(4)] whether:
15-26 (A) the child continues to need substitute care;
15-27 (B) [and whether] the child's current placement
15-28 is appropriate for meeting the child's needs; and
15-29 (C) other plans or services are needed to meet
15-30 the child's special needs or circumstances;
16-1 (8) if the child is placed in institutional care,
16-2 determine whether efforts have been made to ensure placement of the
16-3 child in the least restrictive environment consistent with the best
16-4 interest and special needs of the child;
16-5 (9) if the child is 16 years of age or older, order
16-6 services that are needed to assist the child in making the
16-7 transition from substitute care to independent living if the
16-8 services are available in the community;
16-9 (10) determine plans, services, and further temporary
16-10 orders necessary to ensure that a final order is rendered before
16-11 the date for dismissal of the suit under Section 263.3055; and
16-12 (11) determine the date for dismissal of the suit
16-13 under Section 263.3055 and give notice in open court to all parties
16-14 of:
16-15 (A) the dismissal date;
16-16 (B) the date of the next permanency hearing; and
16-17 (C) the date the suit is set for trial [(5) a
16-18 date for achieving the child's permanency plan;]
16-19 [(6) if the child has been in substitute care for not
16-20 less than 18 months, the future status of the child and the
16-21 appropriateness of the date by which the child may return home and
16-22 whether to render further appropriate orders;]
16-23 [(7) if the child is in substitute care outside the
16-24 state, whether the out-of-state placement continues to be
16-25 appropriate and in the best interest of the child;]
16-26 [(8) whether the child's parents are willing and able
16-27 to provide the child with a safe environment without the assistance
16-28 of a service plan and, if so, return the child to the parents;]
16-29 [(9) whether the child's parents are willing and able
16-30 to provide the child with a safe environment with the assistance of
17-1 a service plan and, if so, return the child or continue the
17-2 placement of the child in the child's home under the department's
17-3 or other agency's supervision;]
17-4 [(10) whether the child's parents are presently
17-5 unwilling or unable to provide the child with a safe environment,
17-6 even with the assistance of a service plan, and, if so, order the
17-7 child to remain under the department's or other agency's managing
17-8 conservatorship for a period of time specified by the court;]
17-9 [(11) whether a long-term substitute care placement is
17-10 in the child's best interest because of the child's special needs
17-11 or circumstances and, if so, begin a long-term substitute care
17-12 placement and if the child is placed in institutional care, whether
17-13 efforts have been made to ensure placement of the child in the
17-14 least restrictive environment consistent with the best interest and
17-15 special needs of the child;]
17-16 [(12) whether a child is 16 years of age or older and,
17-17 if so, order the services that are needed to assist the child in
17-18 making the transition from substitute care to independent living if
17-19 the services are available in the community;]
17-20 [(13) whether the child has been placed with the
17-21 department under a voluntary placement agreement and, if so, order
17-22 that the department will institute further proceedings or return
17-23 the child to the parents;]
17-24 [(14) whether the department or authorized agency has
17-25 custody, care, and control of the child under an affidavit of
17-26 relinquishment of parental rights naming the department managing
17-27 conservator and, if so, direct the department or authorized agency
17-28 to institute further proceedings; and]
17-29 [(15) whether parental rights to the child have been
17-30 terminated and, if so, determine whether the department or
18-1 authorized agency will attempt to place the child for adoption].
18-2 SECTION 14. Subchapter B, Chapter 264, Family Code, is
18-3 amended by adding Sections 264.110 and 264.111 to read as follows:
18-4 Sec. 264.110. ADOPTION AND FOSTER CARE INFORMATION. (a)
18-5 The department shall maintain in the department's central database
18-6 information concerning children placed in the department's custody,
18-7 including:
18-8 (1) for each formal adoption of a child in this state:
18-9 (A) the length of time between the date of the
18-10 permanency plan decision of adoption and the date of the actual
18-11 placement of the child with an adoptive family;
18-12 (B) the length of time between the date of the
18-13 placement of the child for adoption and the date a final order of
18-14 adoption was rendered;
18-15 (C) if the child returned to the department's
18-16 custody after the date a final order of adoption was rendered for
18-17 the child, the time between the date the final adoption order was
18-18 rendered and the date the child returned to the department's
18-19 custody; and
18-20 (D) for the adoptive family of a child under
18-21 Paragraph (C), whether the family used post-adoption program
18-22 services before the date the child returned to the department's
18-23 custody; and
18-24 (2) for each placement of a child in foster care:
18-25 (A) the level of care the child was determined
18-26 to require;
18-27 (B) whether the child was placed in an
18-28 appropriate setting based on the level of care determined for the
18-29 child;
18-30 (C) the number of moves for the child in foster
19-1 care and the reasons for moving the child;
19-2 (D) the length of stay in foster care for the
19-3 child from the date of initial placement to the date of approval of
19-4 a permanency plan for the child;
19-5 (E) the length of time between the date of
19-6 approval of a permanency plan for the child and the date of
19-7 achieving the plan;
19-8 (F) whether the child's permanency plan was
19-9 long-term foster care;
19-10 (G) whether the child's achieved permanency plan
19-11 was placement with an appropriate relative or another person, other
19-12 than a foster parent, having standing; and
19-13 (H) whether the child was adopted by the child's
19-14 foster parents.
19-15 (b) In addition to the information required in Subsection
19-16 (a), the department shall compile information on:
19-17 (1) the number of families that used post-adoption
19-18 program services to assist in maintaining adoptive placements;
19-19 (2) the number of children returned to the
19-20 department's custody after placement with an adoptive family but
19-21 before a final adoption order was rendered;
19-22 (3) the number of children returned to the
19-23 department's custody after the date a final order of adoption was
19-24 rendered for the child;
19-25 (4) the number of adoptive families who used
19-26 post-adoption program services before the date a child placed with
19-27 the family returned to the department's custody;
19-28 (5) the percentage of children who were placed in an
19-29 appropriate setting based on the level of care determined for the
19-30 child;
20-1 (6) the percentage of children placed in a department
20-2 foster home;
20-3 (7) the percentage of children placed in a private
20-4 child-placing agency;
20-5 (8) the number of children whose permanency plan was
20-6 long-term foster care;
20-7 (9) the number of children whose achieved permanency
20-8 plan was placement with an appropriate relative or another person,
20-9 other than a foster parent, having standing;
20-10 (10) the number of children adopted by the child's
20-11 foster parents; and
20-12 (11) the number of children whose achieved permanency
20-13 plan was removal of the disabilities of minority.
20-14 (c) The department shall make the information maintained
20-15 under this section, other than information that is required by law
20-16 to be confidential, available to the public by computer.
20-17 Sec. 264.111. STATUS REVIEW OF CHILDREN IN FOSTER CARE. (a)
20-18 The department shall review the status of each child in foster care
20-19 at least once every 12 months. The status review shall analyze the
20-20 length of time the child has been in foster care and the barriers
20-21 to placing the child for adoption or returning the child to the
20-22 child's parents.
20-23 (b) The department shall report the results of the status
20-24 review for each child in foster care to the Board of Protective and
20-25 Regulatory Services.
20-26 SECTION 15. Subchapter C, Chapter 264, Family Code, is
20-27 amended by adding Sections 264.206 and 264.207 to read as follows:
20-28 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. The department
20-29 shall begin its efforts to locate qualified persons to adopt a
20-30 child, including persons registered with the adoptive parent
21-1 registry under Subchapter B, at the time the department decides to
21-2 petition for the termination of the parent-child relationship with
21-3 regard to the child.
21-4 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY. (a)
21-5 The department shall adopt policies that provide for the
21-6 improvement of the department's services for children and families,
21-7 including policies that provide for conducting a home study within
21-8 four months after the date an applicant is approved for an adoption
21-9 and documenting the results of the home study within 30 days after
21-10 the date the study is completed. The policies adopted under this
21-11 section must:
21-12 (1) be designed to increase the accountability of the
21-13 department to individuals who receive services and to the public;
21-14 and
21-15 (2) assure consistency of services provided by the
21-16 department in the different regions of the state.
21-17 (b) To accomplish the goals stated in Subsection (a), the
21-18 department shall:
21-19 (1) establish time frames for the initial screening of
21-20 families seeking to adopt children;
21-21 (2) provide for the evaluation of the effectiveness of
21-22 the department's management-level employees in expeditiously making
21-23 permanent placements for children;
21-24 (3) establish, as feasible, comprehensive assessment
21-25 service centers in various locations in the state to determine the
21-26 needs of children and families served by the department; and
21-27 (4) emphasize and centralize the monitoring and
21-28 promoting of the permanent placement of children receiving
21-29 department services.
21-30 SECTION 16. Subsection (a), Section 264.603, Family Code, is
22-1 amended to read as follows:
22-2 (a) The attorney general shall contract with one statewide
22-3 organization of individuals or groups of individuals who have
22-4 expertise in the dynamics of child abuse and neglect and experience
22-5 in operating volunteer advocate programs to provide training,
22-6 technical assistance, and evaluation services for the benefit of
22-7 local volunteer advocate programs. The contract shall require
22-8 measurable goals and objectives for expanding local volunteer child
22-9 advocate programs to areas of the state in which those programs do
22-10 not exist.
22-11 SECTION 17. Subchapter C, Chapter 72, Government Code, is
22-12 amended by adding Section 72.028 to read as follows:
22-13 Sec. 72.028. REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY
22-14 LAW CASES. (a) Not later than December 1 of each year, the office
22-15 shall prepare and submit a report on judicial efficiency in cases
22-16 brought by the Department of Protective and Regulatory Services
22-17 under Title 5, Family Code, to the governor, the lieutenant
22-18 governor, the speaker of the house of representatives, and the
22-19 chief justice of the supreme court.
22-20 (b) The report must cover a one-year period beginning
22-21 September 1 of the preceding year and must include the following
22-22 information about cases brought by the Department of Protective and
22-23 Regulatory Services under Title 5, Family Code:
22-24 (1) the level of judicial commitment to case
22-25 management that promotes timely and effective resolution of the
22-26 cases;
22-27 (2) recommended docket management procedures and
22-28 reporting requirements for the cases;
22-29 (3) an assessment of the need for mandated judicial
22-30 review of the cases at three-month intervals after the termination
23-1 of parental rights to monitor the adoption process;
23-2 (4) the manner in which children's interests are
23-3 represented in the cases;
23-4 (5) the extent to which continuances are granted in
23-5 the cases;
23-6 (6) the promptness of hearings in the cases;
23-7 (7) a list of courts that give priority to the cases;
23-8 and
23-9 (8) a list of all judges and associate judges in this
23-10 state who preside over the cases.
23-11 (c) The Department of Protective and Regulatory Services
23-12 shall cooperate with the office in the preparation of the report.
23-13 SECTION 18. This Act takes effect September 1, 1997.
23-14 SECTION 19. (a) The change in law made by Section 1 of this
23-15 Act applies to an attorney ad litem appointed on or after the
23-16 effective date of this Act.
23-17 (b) The change in law made by Section 4 of this Act applies
23-18 only to a suit affecting the parent-child relationship filed on or
23-19 after the effective date of this Act. A suit affecting the
23-20 parent-child relationship filed before the effective date of this
23-21 Act is governed by the law in effect on the date the suit was
23-22 filed, and the former law is continued in effect for that purpose.
23-23 The changes in law made by Sections 6 and 7 of this Act apply to a
23-24 suit to terminate the parent-child relationship pending on or filed
23-25 on or after the effective date of this Act.
23-26 (c) The changes in law made by Sections 8, 10 through 13,
23-27 and 15 of this Act apply to all cases in which the Department of
23-28 Protective and Regulatory Services has been appointed conservator
23-29 of a child either before, on, or after the effective date of this
23-30 Act. However, a court may not issue an order required by Section
24-1 263.3055, Family Code, as added by Section 12 of this Act, until
24-2 the first anniversary of the effective date of this Act.
24-3 (d) The Office of Court Administration of the Texas Judicial
24-4 System shall submit the first report under Section 72.028,
24-5 Government Code, as added by Section 17 of this Act, not later than
24-6 December 1, 1998.
24-7 SECTION 20. The importance of this legislation and the
24-8 crowded condition of the calendars in both houses create an
24-9 emergency and an imperative public necessity that the
24-10 constitutional rule requiring bills to be read on three several
24-11 days in each house be suspended, and this rule is hereby suspended.