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.