By Hupp H.B. No. 3253 75R7655 SKB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the review of placement of children under the care of 1-3 the Department of Protective and Regulatory Services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 263.306, Family Code, is amended to read 1-6 as follows: 1-7 Sec. 263.306. REVIEW HEARINGS: PROCEDURE. (a) At each 1-8 review hearing the court shall determine: 1-9 (1) the identity of all persons or parties present at 1-10 the hearing or those given notice but failing to appear; 1-11 (2) whether the child's parents are willing and able 1-12 to provide the child with a safe environment; 1-13 (3) the extent to which the child's parents have taken 1-14 the necessary actions or responsibilities toward achieving the plan 1-15 goal during the period of the service plan and the extent to which 1-16 the department or other authorized agency has provided assistance 1-17 to the parents as provided in the service plan; 1-18 (4) whether the child continues to need substitute 1-19 care and whether the child's current placement is appropriate for 1-20 meeting the child's needs; 1-21 (5) a date for achieving the child's permanency plan; 1-22 (6) if the child has been in substitute care for not 1-23 less than 18 months, the future status of the child and the 1-24 appropriateness of the date by which the child may return home and 2-1 whether to render further appropriate orders; 2-2 (7) if the child is in substitute care outside the 2-3 state, whether the out-of-state placement continues to be 2-4 appropriate and in the best interest of the child; 2-5 (8) whether the child's parents are willing and able 2-6 to provide the child with a safe environment without the assistance 2-7 of a service plan and, if so, return the child to the parents; 2-8 (9) whether the child's parents are willing and able 2-9 to provide the child with a safe environment with the assistance of 2-10 a service plan and, if so, return the child or continue the 2-11 placement of the child in the child's home under the department's 2-12 or other agency's supervision; 2-13 (10) whether the child's parents are presently 2-14 unwilling or unable to provide the child with a safe environment, 2-15 even with the assistance of a service plan, and, if so, order the 2-16 child to remain under the department's or other agency's managing 2-17 conservatorship for a period of time specified by the court; 2-18 (11) whether a long-term substitute care placement is 2-19 in the child's best interest because of the child's special needs 2-20 or circumstances and, if so, begin a long-term substitute care 2-21 placement and if the child is placed in institutional care, whether 2-22 efforts have been made to ensure placement of the child in the 2-23 least restrictive environment consistent with the best interest and 2-24 special needs of the child; 2-25 (12) whether a child is 16 years of age or older and, 2-26 if so, order the services that are needed to assist the child in 2-27 making the transition from substitute care to independent living if 3-1 the services are available in the community; 3-2 (13) whether the child has been placed with the 3-3 department under a voluntary placement agreement and, if so, order 3-4 that the department will institute further proceedings or return 3-5 the child to the parents; 3-6 (14) whether the department or authorized agency has 3-7 custody, care, and control of the child under an affidavit of 3-8 relinquishment of parental rights naming the department managing 3-9 conservator and, if so, direct the department or authorized agency 3-10 to institute further proceedings; and 3-11 (15) whether parental rights to the child have been 3-12 terminated and, if so, determine whether the department or 3-13 authorized agency will attempt to place the child for adoption. 3-14 (b) At a review hearing, the court may determine the 3-15 services that the department shall provide to a child if the court 3-16 determines that the child continues to need substitute care. 3-17 SECTION 2. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended, 3-22 and that this Act take effect and be in force from and after its 3-23 passage, and it is so enacted.