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.