By: Zaffirini, et al. S.B. No. 34
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the parent-child relationship, suits affecting the
1-2 parent-child relationship, and the protection of children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 102.009, Family Code, is
1-5 amended to read as follows:
1-6 (a) Except as provided by Subsection (b), the following are
1-7 entitled to service of citation on the filing of a petition in an
1-8 original suit:
1-9 (1) a managing conservator;
1-10 (2) a possessory conservator;
1-11 (3) a person having possession of or access to the
1-12 child under an order;
1-13 (4) a person required by law or by order to provide
1-14 for the support of the child;
1-15 (5) a guardian of the person of the child;
1-16 (6) a guardian of the estate of the child;
1-17 (7) each parent as to whom the parent-child
1-18 relationship has not been terminated or process has not been waived
1-19 under Chapter 161;
1-20 (8) an alleged father, unless there is attached to the
1-21 petition an affidavit of waiver of interest in a child executed by
1-22 the alleged father as provided by Chapter 161; [and]
1-23 (9) a man who has filed a notice of intent to claim
2-1 paternity as provided by Subchapter D, Chapter 160; and
2-2 (10) the Department of Protective and Regulatory
2-3 Services, if the petition requests that the department be appointed
2-4 as managing conservator of the child.
2-5 SECTION 2. Subsection (b), Section 102.011, Family Code, is
2-6 amended to read as follows:
2-7 (b) The court may also exercise personal jurisdiction over a
2-8 person on whom service of citation is required or over the person's
2-9 personal representative, although the person is not a resident or
2-10 domiciliary of this state, if:
2-11 (1) the person is personally served with citation in
2-12 this state;
2-13 (2) the person submits to the jurisdiction of this
2-14 state by consent, by entering a general appearance, or by filing a
2-15 responsive document having the effect of waiving any contest to
2-16 personal jurisdiction;
2-17 (3) the child resides in this state as a result of the
2-18 acts or directives of the person;
2-19 (4) the person resided with the child in this state;
2-20 (5) the person resided in this state and provided
2-21 prenatal expenses or support for the child;
2-22 (6) the person engaged in sexual intercourse in this
2-23 state and the child may have been conceived by that act of
2-24 intercourse; [or]
2-25 (7) the person registered with the paternity registry
3-1 maintained by the bureau of vital statistics as provided by Chapter
3-2 160; or
3-3 (8) there is any basis consistent with the
3-4 constitutions of this state and the United States for the exercise
3-5 of the personal jurisdiction.
3-6 SECTION 3. Section 107.006, Family Code, is amended to read
3-7 as follows:
3-8 Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
3-9 QUALIFICATIONS. (a) The local administrative district judge in
3-10 each county in a Department of Protective and Regulatory Services
3-11 region for child protective services that contains a county having
3-12 a population of 2.8 million or more shall establish a pool from
3-13 which guardians ad litem and attorneys ad litem are appointed for
3-14 proceedings in the district courts of the county. A local
3-15 administrative district judge in any other county may establish a
3-16 pool from which guardians ad litem and attorneys ad litem are
3-17 appointed for proceedings in the district courts of that county.
3-18 To be eligible for a pool established under this subsection, a
3-19 person must meet the requirements of Subsection (b).
3-20 (b) Before a person may be appointed as a guardian ad litem
3-21 or attorney ad litem, the person must:
3-22 (1) complete training approved [provided] by the State
3-23 Bar of Texas in family law, the representation of children, and the
3-24 responsibilities of ad litems;
3-25 (2) complete as part of the person's annual continuing
4-1 legal education requirement not fewer than three hours in family
4-2 law issues related to the representation of children; and
4-3 (3) meet other requirements established by the local
4-4 administrative district judge.
4-5 (c) [(b)] Before appointment as a guardian ad litem or an
4-6 attorney ad litem, the person must have read, acknowledged by
4-7 signing, and filed with the local administrative judge a written
4-8 statement prepared by the local administrative district judge that
4-9 lists the responsibilities of an ad litem, some or all of which may
4-10 be appropriate to the person's specific case. The court shall
4-11 retain a copy of the acknowledgment for two years. To continue to
4-12 receive appointments under this section, the person must execute a
4-13 new statement at least every two years.
4-14 (d) [(c)] A party to a proceeding in which a person is
4-15 appointed as a guardian ad litem or an attorney ad litem may object
4-16 to appointment of the person at any time before the date of the
4-17 trial of the proceeding by filing a written motion. A party may
4-18 object under this subsection on the grounds that the party believes
4-19 that the person appointed lacks objectivity or is failing to
4-20 fulfill the person's responsibilities as an ad litem as outlined in
4-21 the written statement of ad litem responsibilities. The court
4-22 shall promptly rule on an objection raised under this subsection
4-23 and shall order the removal of the guardian ad litem or attorney ad
4-24 litem if the court finds that the objection is justifiable
4-25 [reasonable].
5-1 (e) [(d)] A person appointed as a guardian ad litem or
5-2 attorney ad litem shall complete and submit to the court a voucher
5-3 or claim for payment that includes the fees charged and hours
5-4 worked by the ad litem. Information submitted under this section
5-5 is subject to disclosure under Chapter 552, Government Code.
5-6 (f) [(e)] The Bureau of Vital Statistics may compile
5-7 information submitted under Subsection (e) [(d)] for a county that
5-8 maintains that information on an electronic database. On the
5-9 request of the bureau, the county shall provide the information.
5-10 Information compiled by the bureau under this section shall be made
5-11 available to the Department of Protective and Regulatory Services.
5-12 SECTION 4. Section 159.201, Family Code, is amended to read
5-13 as follows:
5-14 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
5-15 proceeding to establish, enforce, or modify a support order or to
5-16 determine parentage, a tribunal of this state may exercise personal
5-17 jurisdiction over a nonresident individual or the individual's
5-18 guardian or conservator if:
5-19 (1) the individual is personally served with citation
5-20 in this state;
5-21 (2) the individual submits to the jurisdiction of this
5-22 state by consent, by entering a general appearance, or by filing a
5-23 responsive document having the effect of waiving any contest to
5-24 personal jurisdiction;
5-25 (3) the individual resided with the child in this
6-1 state;
6-2 (4) the individual resided in this state and provided
6-3 prenatal expenses or support for the child;
6-4 (5) the child resides in this state as a result of the
6-5 acts or directives of the individual;
6-6 (6) the individual engaged in sexual intercourse in
6-7 this state and the child may have been conceived by that act of
6-8 intercourse; [or]
6-9 (7) the individual asserted parentage in the paternity
6-10 registry maintained in this state by the bureau of vital
6-11 statistics; or
6-12 (8) there is any other basis consistent with the
6-13 constitutions of this state and the United States for the exercise
6-14 of personal jurisdiction.
6-15 SECTION 5. Chapter 160, Family Code, is amended by adding
6-16 Subchapter D to read as follows:
6-17 SUBCHAPTER D. PATERNITY REGISTRY
6-18 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
6-19 of vital statistics shall establish a paternity registry.
6-20 (b) The bureau of vital statistics shall administer the
6-21 registry to:
6-22 (1) protect the parental rights of fathers who
6-23 affirmatively assume responsibility for children they may have
6-24 fathered; and
6-25 (2) expedite adoptions of children whose biological
7-1 fathers are unwilling to assume responsibility for their children
7-2 by registering with the registry or otherwise acknowledging their
7-3 children.
7-4 (c) The registry does not relieve a mother of the obligation
7-5 to identify the known father of her child.
7-6 (d) A man is not required to register with the paternity
7-7 registry if he:
7-8 (1) is presumed to be the biological father of a child
7-9 under Chapter 151; or
7-10 (2) has been adjudicated to be the biological father
7-11 of a child by a court of competent jurisdiction.
7-12 Sec. 160.252. REQUIRED INFORMATION. A man registering with
7-13 the registry shall provide:
7-14 (1) the name, last known address, driver's license
7-15 number, and social security number, if known, of the mother of the
7-16 child;
7-17 (2) the name of the child and the location and date of
7-18 birth of the child, if known, or the probable month and year of the
7-19 expected birth of the child;
7-20 (3) the man's name, address, driver's license number,
7-21 and social security number; and
7-22 (4) a statement in which the man claims to be the
7-23 father of the child identified by the man.
7-24 Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
7-25 registry shall record the name, address, driver's license number,
8-1 and social security number of a man who claims to be the father of
8-2 a child whose paternity has not been adjudicated by a court of
8-3 competent jurisdiction by giving notice of intent to claim
8-4 paternity, as provided by this subchapter.
8-5 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
8-6 sexual intercourse with a person of the opposite sex is deemed to
8-7 have knowledge that sexual intercourse can result in the woman's
8-8 pregnancy.
8-9 (b) Except as provided by this subchapter, a man who claims
8-10 to be the father of a child shall file a notice of intent to assert
8-11 as provided by this subchapter his right to establish paternity of
8-12 a child that may result from the sexual intercourse.
8-13 (c) Ignorance of a pregnancy is not a sufficient reason for
8-14 failing to register with the registry to claim paternity of the
8-15 child born of the pregnancy.
8-16 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
8-17 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
8-18 provided, the registry shall send a copy of the notice of intent to
8-19 claim paternity to the mother as notification that a man has
8-20 registered with the paternity registry claiming to be the father of
8-21 the mother's child.
8-22 (b) Information contained in the registry is confidential
8-23 and may be released on request only to:
8-24 (1) a court;
8-25 (2) the mother of a child;
9-1 (3) an authorized agency;
9-2 (4) a licensed child-placing agency;
9-3 (5) an attorney at law in this state who is
9-4 participating or assisting in a suit affecting the parent-child
9-5 relationship, including termination of the parent-child
9-6 relationship or a suit for the adoption of the child that the
9-7 registrant claims to have fathered; or
9-8 (6) any other person or entity the bureau of vital
9-9 statistics considers to have a legitimate interest in the
9-10 information.
9-11 (c) The registry shall furnish registry information by
9-12 electronic data exchange or any other means to the state's Title
9-13 IV-D agency and the Department of Protective and Regulatory
9-14 Services.
9-15 (d) A person commits an offense if the person intentionally
9-16 and unlawfully releases information from the registry to the public
9-17 or makes any other unlawful use of the information in violation of
9-18 this subchapter. An offense under this subsection is a Class B
9-19 misdemeanor.
9-20 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY.
9-21 (a) Except as provided by Subsection (d), a person may register as
9-22 provided by this subchapter by filing a notice of intent to claim
9-23 paternity on a form provided by the bureau of vital statistics.
9-24 This form shall be signed and acknowledged before a notary public.
9-25 (b) The bureau shall make registration forms available to
10-1 all:
10-2 (1) hospitals and other birthing places in this state;
10-3 (2) licensed child-placing agencies;
10-4 (3) county and district clerks;
10-5 (4) municipal clerks;
10-6 (5) justices of the peace;
10-7 (6) jails;
10-8 (7) prisons; and
10-9 (8) facilities of the Texas Department of Criminal
10-10 Justice and Texas Youth Commission.
10-11 (c) A notice of intent to claim paternity may be filed
10-12 before the birth of the child but may not be filed after the 30th
10-13 day after the date of birth of the child.
10-14 (d) If the bureau of vital statistics has received from the
10-15 clerk of the court notice under Chapter 108 of a decree terminating
10-16 the parent-child relationship between the person applying to
10-17 register and the child, the bureau shall notify the person that the
10-18 person's parent-child relationship with the child has been
10-19 terminated and may not enter into the registry a notice of intent
10-20 to claim paternity filed by the person.
10-21 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
10-22 NOTIFICATION. (a) Not later than the 30th day after the date of
10-23 the receipt of notification from the bureau of vital statistics
10-24 that a notice of intent to claim paternity has been filed, the
10-25 mother of the child may deny the registrant's claim of paternity on
11-1 a form provided by the bureau and signed and acknowledged before a
11-2 notary public.
11-3 (b) If the mother denies that the registrant is the father
11-4 of the child, the bureau of vital statistics shall immediately
11-5 notify the registrant of the denial and of the registrant's right
11-6 to file a legal action to establish paternity.
11-7 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
11-8 Except as provided by Chapter 102 and Chapter 161, a man who fails
11-9 to file a notice of intent to claim paternity before the 30th day
11-10 after the date of the birth of the child may not assert an interest
11-11 in the child other than by filing a suit to establish paternity
11-12 before the termination of the man's parental rights.
11-13 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
11-14 (a) A man who files a notice of intent to claim paternity with the
11-15 registry shall promptly notify the registry in writing of any
11-16 change in the information, including a change of address.
11-17 (b) A man who files a notice of intent to claim paternity
11-18 may at any time revoke the notice by sending the registry a written
11-19 statement signed and acknowledged by the registrant before a notary
11-20 public. The statement must include a declaration that, to the best
11-21 of the registrant's knowledge and belief:
11-22 (1) the registrant is not the father of the named
11-23 child; or
11-24 (2) a court has adjudicated paternity and a person
11-25 other than the registrant has been determined to be the father of
12-1 the child.
12-2 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
12-3 On request, the bureau of vital statistics shall furnish a
12-4 certificate, signed by the state registrar of vital statistics,
12-5 attesting to the results of a search of the registry regarding a
12-6 notice of intent to claim paternity to:
12-7 (1) a court;
12-8 (2) the mother of a child;
12-9 (3) an authorized agency;
12-10 (4) a licensed child-placing agency;
12-11 (5) an attorney licensed to practice law in this state
12-12 who is participating or assisting in an adoption; or
12-13 (6) any other person or entity the bureau of vital
12-14 statistics considers to have a legitimate interest in the
12-15 information.
12-16 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
12-17 determines that a registrant is not the father of the child, the
12-18 court shall order the bureau of vital statistics to remove the
12-19 registrant's name from the registry. On receipt of an order for
12-20 the removal of a registrant's name, the bureau of vital statistics
12-21 shall remove the name from the registry.
12-22 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
12-23 for filing with the registry a notice of intent to claim paternity
12-24 of a child or a denial of a registrant's paternity.
12-25 (b) Except as provided by Subsection (c), the Texas
13-1 Department of Health may charge a fee for processing a search of
13-2 the paternity registry and for furnishing a certificate under
13-3 Section 160.260.
13-4 (c) The Department of Protective and Regulatory Services and
13-5 the Title IV-D agency are not required to pay a fee under
13-6 Subsection (b).
13-7 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
13-8 REGISTRY. Information maintained by the paternity registry is
13-9 admissible in a proceeding in a court or administrative tribunal of
13-10 this state for any purpose, including for the establishment of the
13-11 registrant's paternity or an action to terminate parental rights.
13-12 SECTION 6. Section 161.002, Family Code, is amended by
13-13 amending Subsection (b) and adding Subsection (c) to read as
13-14 follows:
13-15 (b) The rights of an alleged biological father may be
13-16 terminated if:
13-17 (1) [,] after being served with citation, he does not
13-18 respond by timely filing an admission of paternity or a
13-19 counterclaim for paternity under Chapter 160 prior to the final
13-20 hearing in the suit; or
13-21 (2) he has not registered with the paternity registry
13-22 under Subchapter D, Chapter 160, and after the exercise of due
13-23 diligence:
13-24 (A) his identity and location are unknown; or
13-25 (B) his identity is known but he cannot be
14-1 located.
14-2 (c) The termination of the rights of an alleged biological
14-3 father under Subsection (b)(2) does not require personal service of
14-4 citation or citation by publication on the alleged biological
14-5 father.
14-6 SECTION 7. Section 161.001, Family Code, is amended to read
14-7 as follows:
14-8 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
14-9 RELATIONSHIP. The court may order termination of the parent-child
14-10 relationship if the court finds by clear and convincing evidence:
14-11 (1) that the parent has:
14-12 (A) voluntarily left the child alone or in the
14-13 possession of another not the parent and expressed an intent not to
14-14 return;
14-15 (B) voluntarily left the child alone or in the
14-16 possession of another not the parent without expressing an intent
14-17 to return, without providing for the adequate support of the child,
14-18 and remained away for a period of at least three months;
14-19 (C) voluntarily left the child alone or in the
14-20 possession of another without providing adequate support of the
14-21 child and remained away for a period of at least six months;
14-22 (D) knowingly placed or knowingly allowed the
14-23 child to remain in conditions or surroundings which endanger the
14-24 physical or emotional well-being of the child;
14-25 (E) engaged in conduct or knowingly placed the
15-1 child with persons who engaged in conduct which endangers the
15-2 physical or emotional well-being of the child;
15-3 (F) failed to support the child in accordance
15-4 with his ability during a period of one year ending within six
15-5 months of the date of the filing of the petition;
15-6 (G) abandoned the child without identifying the
15-7 child or furnishing means of identification, and the child's
15-8 identity cannot be ascertained by the exercise of reasonable
15-9 diligence;
15-10 (H) voluntarily, and with knowledge of the
15-11 pregnancy, abandoned the mother of the child beginning at a time
15-12 during her pregnancy with the child and continuing through the
15-13 birth, failed to provide adequate support or medical care for the
15-14 mother during the period of abandonment before the birth of the
15-15 child, and remained apart from the child or failed to support the
15-16 child since the birth;
15-17 (I) contumaciously refused to submit to a
15-18 reasonable and lawful order of a court under Chapter 264;
15-19 (J) been the major cause of:
15-20 (i) the failure of the child to be
15-21 enrolled in school as required by the Education Code; or
15-22 (ii) the child's absence from the child's
15-23 home without the consent of the parents or guardian for a
15-24 substantial length of time or without the intent to return;
15-25 (K) executed before or after the suit is filed
16-1 an unrevoked or irrevocable affidavit of relinquishment of parental
16-2 rights as provided by this chapter;
16-3 (L) been adjudicated to be criminally
16-4 responsible for the death or serious injury of a child;
16-5 (M) had his or her parent-child relationship
16-6 terminated with respect to another child based on a finding that
16-7 the parent's conduct was in violation of Paragraph (D) or (E) or
16-8 substantially equivalent provisions of the law of another state;
16-9 [or]
16-10 (N) constructively abandoned the child who has
16-11 been in the permanent or temporary managing conservatorship of the
16-12 Department of Protective and Regulatory Services or an authorized
16-13 agency for not less than six months [one year], and:
16-14 (i) the department or authorized agency
16-15 has made reasonable efforts to return the child to the parent;
16-16 (ii) the parent has not regularly visited
16-17 or maintained significant contact with the child; and
16-18 (iii) the parent has demonstrated an
16-19 inability to provide the child with a safe environment;
16-20 (O) been determined to be criminally responsible
16-21 for the death or serious injury of a child or adjudicated under
16-22 Title 3 for conduct that caused the death or serious injury of a
16-23 child. For purposes of this paragraph, serious injury means an
16-24 injury inflicted through conduct violating any of the following
16-25 Penal Code sections:
17-1 (i) Section 19.02 (murder);
17-2 (ii) Section 19.03 (capital murder);
17-3 (iii) Section 21.11 (indecency with a
17-4 child);
17-5 (iv) Section 22.01 (assault);
17-6 (v) Section 22.011 (sexual assault);
17-7 (vi) Section 22.02 (aggravated assault);
17-8 (vii) Section 22.021 (aggravated sexual
17-9 assault);
17-10 (viii) Section 22.04 (injury to a child,
17-11 elderly individual, or disabled individual);
17-12 (ix) Section 22.041 (abandoning or
17-13 endangering a child);
17-14 (x) Section 25.02 (prohibited sexual
17-15 conduct);
17-16 (xi) Section 43.25 (sexual performance by
17-17 a child); and
17-18 (xii) Section 43.26 (possession or
17-19 promotion of child pornography);
17-20 (P) failed to comply with the provisions of a
17-21 court order that specifically established the actions necessary for
17-22 the parent to obtain the return of the child who has been in the
17-23 permanent or temporary managing conservatorship of the Department
17-24 of Protective and Regulatory Services as a result of the child's
17-25 removal from the parent under Chapter 262 for the abuse or neglect
18-1 of the child; and
18-2 (2) that termination is in the best interest of the
18-3 child.
18-4 SECTION 8. Subchapter B, Chapter 201, Family Code, is
18-5 amended by adding Section 201.1085 to read as follows:
18-6 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
18-7 PROTECTION CASES. The presiding judge may appoint a master for a
18-8 court handling child protection cases if the court needs assistance
18-9 in order to process the cases in a reasonable time.
18-10 SECTION 9. Subchapter A, Chapter 262, Family Code, is
18-11 amended by adding Section 262.008 to read as follows:
18-12 Sec. 262.008. ABANDONED CHILDREN. (a) An authorized
18-13 representative of the Department of Protective and Regulatory
18-14 Services may assume the care, control, and custody of a child:
18-15 (1) who is abandoned without identification or a means
18-16 for identifying the child; and
18-17 (2) whose identity cannot be ascertained by the
18-18 exercise of reasonable diligence.
18-19 (b) The department shall immediately file a suit to
18-20 terminate the parent-child relationship of a child under Subsection
18-21 (a).
18-22 (c) A child for whom possession is assumed under this
18-23 section need not be delivered to the court except on the order of
18-24 the court.
18-25 SECTION 10. Subsection (c), Section 262.201, Family Code, is
19-1 amended to read as follows:
19-2 (c) If the court finds sufficient evidence to satisfy a
19-3 person of ordinary prudence and caution that there is a continuing
19-4 danger to the physical health or safety of the child and for the
19-5 child to remain in the home is contrary to the welfare of the
19-6 child, the court shall:
19-7 (1) issue an appropriate temporary order under Chapter
19-8 105; and
19-9 (2) inform each parent in open court that parental and
19-10 custodial rights and duties may be subject to restriction or to
19-11 termination unless the parent or parents are willing and able to
19-12 provide the child with a safe environment.
19-13 SECTION 11. Subchapter A, Chapter 263, Family Code, is
19-14 amended by adding Section 263.006 to read as follows:
19-15 Sec. 263.006. WARNING TO PARENTS. At the status hearing
19-16 under Subchapter C and at each permanency hearing under Subchapter
19-17 D held after the court has rendered a temporary order appointing
19-18 the department as temporary managing conservator, the court shall
19-19 inform each parent in open court that parental and custodial rights
19-20 and duties may be subject to restriction or to termination unless
19-21 the parent or parents are willing and able to provide the child
19-22 with a safe environment.
19-23 SECTION 12. Subchapter B, Chapter 263, Family Code, is
19-24 amended by adding Section 263.1015 to read as follows:
19-25 Sec. 263.1015. SERVICE PLAN NOT REQUIRED. A service plan is
20-1 not required under this subchapter in a suit brought by the
20-2 department for the termination of the parent-child relationship for
20-3 a child who has been abandoned without identification and whose
20-4 identity cannot be determined.
20-5 SECTION 13. Section 263.201, Family Code, is amended to read
20-6 as follows:
20-7 Sec. 263.201. STATUS HEARING; TIME. Not later than the
20-8 60th day after the date the court renders a temporary order
20-9 appointing the department as temporary managing conservator of a
20-10 child [of a full adversary hearing under Chapter 262], the court
20-11 shall hold a status hearing to review the child's status and the
20-12 permanency plan developed for the child.
20-13 SECTION 14. The heading to Subchapter D, Chapter 263, Family
20-14 Code, is amended to read as follows:
20-15 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
20-16 SECTION 15. Subsections (a) and (b), Section 263.301, Family
20-17 Code, are amended to read as follows:
20-18 (a) Notice of a permanency [review] hearing shall be given
20-19 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
20-20 persons entitled to notice of the hearing.
20-21 (b) The following persons are entitled to at least 10 days'
20-22 notice of a permanency hearing [to review a child's placement] and
20-23 are entitled to present evidence and be heard at the hearing:
20-24 (1) the department;
20-25 (2) the foster parent or director of the group home or
21-1 institution where the child is residing;
21-2 (3) each parent of the child;
21-3 (4) the managing conservator or guardian of the child;
21-4 [and]
21-5 (5) an attorney ad litem appointed for the child under
21-6 Chapter 107;
21-7 (6) a volunteer advocate appointed for the child under
21-8 Chapter 107; and
21-9 (7) any other person or agency named by the court to
21-10 have an interest in the child's welfare.
21-11 SECTION 16. Section 263.302, Family Code, is amended to read
21-12 as follows:
21-13 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
21-14 dispense with the attendance of the] child shall attend each
21-15 permanency hearing unless the court specifically excuses the
21-16 child's attendance. Failure by the child to attend a hearing does
21-17 not affect the validity of an order rendered at the [at a placement
21-18 review] hearing.
21-19 SECTION 17. Subchapter D, Chapter 263, Family Code, is
21-20 amended by adding Section 263.3025 to read as follows:
21-21 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
21-22 prepare a permanency plan for a child for whom the department has
21-23 been appointed temporary managing conservator. The department
21-24 shall give a copy of the plan to each person entitled to notice
21-25 under Section 263.301(b) not later than the 10th day before the
22-1 date of the child's first permanency hearing.
22-2 (b) In addition to the requirements of the department rules
22-3 governing permanency planning, the permanency plan must contain the
22-4 information required to be included in a permanency progress report
22-5 under Section 263.303.
22-6 (c) The department shall modify the permanency plan for a
22-7 child as required by the circumstances and needs of the child.
22-8 SECTION 18. Section 263.303, Family Code, is amended to read
22-9 as follows:
22-10 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
22-11 later than the 10th day before the date set for each permanency
22-12 hearing other than the first permanency [review] hearing, the
22-13 department or other authorized agency shall file with the court and
22-14 provide to each party, the child's attorney ad litem, and the
22-15 child's volunteer advocate a permanency progress [status] report
22-16 unless the court orders a different period for providing the report
22-17 [or orders that a report is not required for a specific hearing].
22-18 (b) The permanency progress [status] report must:
22-19 (1) recommend that the suit be dismissed; or
22-20 (2) recommend that the suit continue, and:
22-21 (A) identify the date for dismissal of the suit
22-22 under this chapter;
22-23 (B) provide:
22-24 (i) the name of any person entitled to
22-25 notice under Chapter 102 who has not been served;
23-1 (ii) a description of the efforts by the
23-2 department or another agency to locate and request service of
23-3 citation; and
23-4 (iii) a description of each parent's
23-5 assistance in providing information necessary to locate an unserved
23-6 party;
23-7 (C) evaluate [all relevant information
23-8 concerning each of the guidelines under this chapter and] the
23-9 parties' compliance with temporary orders and with the service
23-10 plan;
23-11 (D) evaluate whether the child's placement in
23-12 substitute care meets the child's needs and recommend other plans
23-13 or services to meet the child's special needs or circumstances;
23-14 (E) describe the permanency plan for the child
23-15 and recommend actions necessary to ensure that a final order
23-16 consistent with that permanency plan is rendered before the date
23-17 for dismissal of the suit under this chapter; and
23-18 (F) [(2) recommend one of the following actions:]
23-19 [(A) that the child be returned to the child's
23-20 home and that the suit be dismissed;]
23-21 [(B) that the child be returned to the child's
23-22 home with the department or other agency retaining conservatorship;]
23-23 [(C) that the child remain in substitute care
23-24 for a specified period and that the child's parents continue to
23-25 work toward providing the child with a safe environment;]
24-1 [(D) that the child remain in substitute care
24-2 for a specified period and that termination of parental rights be
24-3 sought under this code;]
24-4 [(E) that a child who has resided in substitute
24-5 care for at least 18 months be placed or remain in permanent or
24-6 long-term substitute care because of the child's special needs or
24-7 circumstances; or]
24-8 [(F) that other plans be made or other services
24-9 provided in accordance with the child's special needs or
24-10 circumstances; and]
24-11 [(3)] with respect to a child 16 years of age or
24-12 older, identify the services needed to assist the child in the
24-13 transition to adult life.
24-14 (c) A parent whose parental rights are the subject of a suit
24-15 affecting the parent-child relationship, the attorney for that
24-16 parent, or the child's attorney ad litem or guardian ad litem may
24-17 file a response to the department's or other agency's report filed
24-18 under Subsection (b). A response must be filed not later than the
24-19 third day before the date of the hearing.
24-20 SECTION 19. Section 263.304, Family Code, is amended to read
24-21 as follows:
24-22 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
24-23 Not later than the 180th day after the date the court renders a
24-24 temporary order appointing the department as temporary managing
24-25 conservator of a child [of the conclusion of the full adversary
25-1 hearing under Chapter 262], the court shall hold a permanency
25-2 hearing to review the status of, and permanency plan for, the [a]
25-3 child to ensure that a final order consistent with that permanency
25-4 plan is rendered before the date for dismissal of the suit under
25-5 this chapter [in substitute care in the court's jurisdiction,
25-6 including the time for the completion of the plan and the projected
25-7 date for the achievement of the child's permanency plan].
25-8 SECTION 20. Section 263.305, Family Code, is amended to read
25-9 as follows:
25-10 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
25-11 subsequent permanency hearing before entry of a final order
25-12 [Subsequent review hearings] shall be held [not earlier than 5 1/2
25-13 months and] not later than the 120th day [seven months] after the
25-14 date of the last permanency hearing in the suit. For [unless,
25-15 for] good cause shown or on the court's own motion [by a party],
25-16 the court may order more frequent hearings [an earlier hearing is
25-17 approved by the court].
25-18 SECTION 21. Section 263.306, Family Code, is amended to read
25-19 as follows:
25-20 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
25-21 each permanency [review] hearing the court shall [determine]:
25-22 (1) identify [the identity of] all persons or parties
25-23 present at the hearing or those given notice but failing to appear;
25-24 (2) review the efforts of the department or another
25-25 agency in:
26-1 (A) attempting to locate all necessary persons;
26-2 (B) requesting service of citation; and
26-3 (C) obtaining the assistance of a parent in
26-4 providing information necessary to locate an absent parent;
26-5 (3) return the child to the parent or parents if
26-6 [whether] the child's parent or parents are willing and able to
26-7 provide the child with a safe environment and the return of the
26-8 child is in the child's best interest;
26-9 (4) return the child to a person or entity, other than
26-10 a parent, entitled to service under Chapter 102 if the person or
26-11 entity is willing and able to provide the child with a safe
26-12 environment and the return of the child is in the child's best
26-13 interest;
26-14 (5) evaluate the department's efforts to identify
26-15 relatives who could provide the child with a safe environment, if
26-16 the child is not returned to a parent or another person or entity
26-17 entitled to service under Chapter 102;
26-18 (6) evaluate the parties' compliance with temporary
26-19 orders and
26-20 [(3) the extent to which the child's parents have
26-21 taken the necessary actions or responsibilities toward achieving
26-22 the plan goal during the period of the service plan and the extent
26-23 to which the department or other authorized agency has provided
26-24 assistance to the parents as provided in] the service plan;
26-25 (7) determine [(4)] whether:
27-1 (A) the child continues to need substitute care;
27-2 (B) [and whether] the child's current placement
27-3 is appropriate for meeting the child's needs; and
27-4 (C) other plans or services are needed to meet
27-5 the child's special needs or circumstances;
27-6 (8) if the child is placed in institutional care,
27-7 determine whether efforts have been made to ensure placement of the
27-8 child in the least restrictive environment consistent with the best
27-9 interest and special needs of the child;
27-10 (9) if the child is 16 years of age or older, order
27-11 services that are needed to assist the child in making the
27-12 transition from substitute care to independent living if the
27-13 services are available in the community;
27-14 (10) determine plans, services, and further temporary
27-15 orders necessary to ensure that a final order is rendered before
27-16 the date for dismissal of the suit under this chapter; and
27-17 (11) determine the date for dismissal of the suit
27-18 under this chapter and give notice in open court to all parties 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
28-1 whether to render further appropriate orders;]
28-2 [(7) if the child is in substitute care outside the
28-3 state, whether the out-of-state placement continues to be
28-4 appropriate and in the best interest of the child;]
28-5 [(8) whether the child's parents are willing and able
28-6 to provide the child with a safe environment without the assistance
28-7 of a service plan and, if so, return the child to the parents;]
28-8 [(9) whether the child's parents are willing and able
28-9 to provide the child with a safe environment with the assistance of
28-10 a service plan and, if so, return the child or continue the
28-11 placement of the child in the child's home under the department's
28-12 or other agency's supervision;]
28-13 [(10) whether the child's parents are presently
28-14 unwilling or unable to provide the child with a safe environment,
28-15 even with the assistance of a service plan, and, if so, order the
28-16 child to remain under the department's or other agency's managing
28-17 conservatorship for a period of time specified by the court;]
28-18 [(11) whether a long-term substitute care placement is
28-19 in the child's best interest because of the child's special needs
28-20 or circumstances and, if so, begin a long-term substitute care
28-21 placement and if the child is placed in institutional care, whether
28-22 efforts have been made to ensure placement of the child in the
28-23 least restrictive environment consistent with the best interest and
28-24 special needs of the child;]
28-25 [(12) whether a child is 16 years of age or older and,
29-1 if so, order the services that are needed to assist the child in
29-2 making the transition from substitute care to independent living if
29-3 the services are available in the community;]
29-4 [(13) whether the child has been placed with the
29-5 department under a voluntary placement agreement and, if so, order
29-6 that the department will institute further proceedings or return
29-7 the child to the parents;]
29-8 [(14) whether the department or authorized agency has
29-9 custody, care, and control of the child under an affidavit of
29-10 relinquishment of parental rights naming the department managing
29-11 conservator and, if so, direct the department or authorized agency
29-12 to institute further proceedings; and]
29-13 [(15) whether parental rights to the child have been
29-14 terminated and, if so, determine whether the department or
29-15 authorized agency will attempt to place the child for adoption.]
29-16 SECTION 22. Chapter 263, Family Code, is amended by adding
29-17 Subchapter E to read as follows:
29-18 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
29-19 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
29-20 (a) Unless the court has rendered a final order or granted an
29-21 extension under Subsection (b), on the first Monday after the first
29-22 anniversary of the date the court rendered a temporary order
29-23 appointing the department as temporary managing conservator, the
29-24 court shall dismiss the suit affecting the parent-child
29-25 relationship filed by the department that requests termination of
30-1 the parent-child relationship or requests that the department be
30-2 named conservator of the child.
30-3 (b) On or before the time described by Subsection (a) for
30-4 the dismissal of the suit, the court may extend the court's
30-5 jurisdiction of the suit for a period stated in the extension
30-6 order, but not longer than 180 days after the time described by
30-7 Subsection (a), if the court has continuing jurisdiction of the
30-8 suit and the appointment of the department as temporary managing
30-9 conservator is in the best interest of the child. If the court
30-10 grants an extension, the extension order must also:
30-11 (1) schedule the new date for dismissal of the suit;
30-12 and
30-13 (2) make further temporary orders for the safety and
30-14 welfare of the child as necessary to avoid further delay in
30-15 resolving the suit.
30-16 (c) If the court grants an extension, the court shall render
30-17 a final order or dismiss the suit on or before the date specified
30-18 in the extension order and may not grant an additional extension.
30-19 (d) For purposes of this section, a final order is an order
30-20 that:
30-21 (1) requires that a child be returned to the child's
30-22 parent;
30-23 (2) names a relative of the child or another person as
30-24 the child's managing conservator;
30-25 (3) without terminating the parent-child relationship,
31-1 appoints the department as the managing conservator of the child;
31-2 or
31-3 (4) terminates the parent-child relationship and
31-4 appoints a relative of the child, another suitable person, or the
31-5 department as managing conservator of the child.
31-6 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
31-7 RELATIVE. (a) Notwithstanding Section 263.401, the court may
31-8 retain jurisdiction and not dismiss the suit or render a final
31-9 order as required by that section if the court:
31-10 (1) finds that retaining jurisdiction under this
31-11 section is in the best interest of the child;
31-12 (2) orders the department to return the child to the
31-13 child's parent or to place the child with a relative of the child;
31-14 (3) requires that the department continue to serve as
31-15 temporary managing conservator of the child; and
31-16 (4) orders the department to monitor the child's
31-17 placement to ensure that the child is in a safe environment.
31-18 (b) If the court renders an order under this section, the
31-19 court must include in the order specific findings regarding the
31-20 grounds for the order.
31-21 (c) If the court renders an order under this section, the
31-22 court shall dismiss the suit not later than the 180th day after the
31-23 date the order is rendered.
31-24 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
31-25 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
32-1 may render a final order appointing the department as managing
32-2 conservator of the child without terminating the rights of the
32-3 parent of the child if the court finds that:
32-4 (1) appointment of a parent as managing conservator
32-5 would not be in the best interest of the child because the
32-6 appointment would significantly impair the child's physical health
32-7 or emotional development; and
32-8 (2) it would not be in the best interest of the child
32-9 to appoint a relative of the child or another person as managing
32-10 conservator.
32-11 (b) In determining whether the department should be
32-12 appointed as managing conservator of the child without terminating
32-13 the rights of a parent of the child, the court shall take the
32-14 following factors into consideration:
32-15 (1) that the child will reach 18 years of age in not
32-16 less than three years;
32-17 (2) that the child is 12 years of age or older and has
32-18 expressed a strong desire against termination or being adopted;
32-19 (3) that the child has special medical or behavioral
32-20 needs that make adoption of the child unlikely; and
32-21 (4) the needs and desires of the child.
32-22 (c) If the court renders an order under this section, the
32-23 court shall include in the order specific findings regarding the
32-24 grounds for the order.
32-25 SECTION 23. Chapter 263, Family Code, is amended by adding
33-1 Subchapter F to read as follows:
33-2 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
33-3 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
33-4 the department has been named as a child's managing conservator in
33-5 a final order that does not include termination of parental rights,
33-6 the court shall conduct a placement review hearing at least once
33-7 every six months until the child becomes an adult.
33-8 (b) If the department has been named as a child's managing
33-9 conservator in a final order that terminates a parent's parental
33-10 rights, the court shall conduct a placement review hearing at least
33-11 once every six months until the date the child is adopted or the
33-12 child becomes an adult.
33-13 (c) Notice of a placement review hearing shall be given as
33-14 provided by Rule 21a, Texas Rules of Civil Procedure, to each
33-15 person entitled to notice of the hearing.
33-16 (d) The following are entitled to not less than 10 days'
33-17 notice of a placement review hearing:
33-18 (1) the department;
33-19 (2) the foster parent or director of the group home or
33-20 institution in which the child is residing;
33-21 (3) each parent of the child;
33-22 (4) each possessory conservator or guardian of the
33-23 child;
33-24 (5) the child's attorney ad litem and volunteer
33-25 advocate, if the appointments were not dismissed in the final
34-1 order; and
34-2 (6) any other person or agency named by the court as
34-3 having an interest in the child's welfare.
34-4 (e) The court may dispense with the requirement that the
34-5 child attend a placement review hearing.
34-6 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
34-7 the 10th day before the date set for a placement review hearing,
34-8 the department or other authorized agency shall file a placement
34-9 review report with the court and provide a copy to each person
34-10 entitled to notice under Section 263.501(d).
34-11 (b) For good cause shown, the court may order a different
34-12 time for filing the placement review report or may order that a
34-13 report is not required for a specific hearing.
34-14 (c) The placement review report must:
34-15 (1) evaluate whether the child's current placement is
34-16 appropriate for meeting the child's needs;
34-17 (2) evaluate whether efforts have been made to ensure
34-18 placement of the child in the least restrictive environment
34-19 consistent with the best interest and special needs of the child if
34-20 the child is placed in institutional care;
34-21 (3) identify the services that are needed to assist a
34-22 child who is at least 16 years of age in making the transition from
34-23 substitute care to independent living if the services are available
34-24 in the community;
34-25 (4) identify other plans or services that are needed
35-1 to meet the child's special needs or circumstances; and
35-2 (5) describe the efforts of the department or
35-3 authorized agency to place the child for adoption if parental
35-4 rights to the child have been terminated and the child is eligible
35-5 for adoption.
35-6 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
35-7 placement review hearing, the court shall determine whether:
35-8 (1) the child's current placement is appropriate for
35-9 meeting the child's needs;
35-10 (2) efforts have been made to ensure placement of the
35-11 child in the least restrictive environment consistent with the best
35-12 interest and special needs of the child if the child is placed in
35-13 institutional care;
35-14 (3) the services that are needed to assist a child who
35-15 is at least 16 years of age in making the transition from
35-16 substitute care to independent living are available in the
35-17 community;
35-18 (4) other plans or services are needed to meet the
35-19 child's special needs or circumstances; and
35-20 (5) the department or authorized agency has exercised
35-21 due diligence in attempting to place the child for adoption if
35-22 parental rights to the child have been terminated and the child is
35-23 eligible for adoption.
35-24 SECTION 24. Section 264.009, Family Code, is amended to read
35-25 as follows:
36-1 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) In
36-2 [Except as provided by Subsection (b), in] any action under this
36-3 code [title], the department shall be represented in court by
36-4 [the]:
36-5 (1) the county [prosecuting] attorney [who represents
36-6 the state in criminal cases in the district or county court] of the
36-7 county where the action is brought, unless the district attorney or
36-8 criminal district attorney elects to provide representation; or
36-9 (2) if the case is one in which a conflict of interest
36-10 or special circumstances exist, an attorney employed by the
36-11 department or who has contracted with the department under
36-12 Subsection (c) to provide representation [attorney general].
36-13 (b) In a county with a population of 2,800,000 or more, in
36-14 an action under this code [title], the department shall be
36-15 represented in court by [the]:
36-16 (1) the attorney who represents the state in civil
36-17 cases in the district or county court of the county where the
36-18 action is brought; or
36-19 (2) if the case is one in which a conflict of interest
36-20 or special circumstances exist, an attorney employed by the
36-21 department or who has contracted with the department under
36-22 Subsection (c) to provide representation [attorney general].
36-23 (c) The department may contract with a county attorney, a
36-24 district attorney, a criminal district attorney, the attorney
36-25 general, or a private attorney to provide reimbursement from any
37-1 available state or federal funds of the costs of representing the
37-2 department in an action under this code.
37-3 SECTION 25. Subchapter B, Chapter 264, Family Code, is
37-4 amended by adding Sections 264.110 and 264.111 to read as follows:
37-5 Sec. 264.110. ADOPTION AND SUBSTITUTE INFORMATION. (a) The
37-6 department shall maintain in the department's central database
37-7 information concerning children placed in the department's custody,
37-8 including:
37-9 (1) for each formal adoption of a child in this state:
37-10 (A) the length of time between the date of the
37-11 permanency plan decision of adoption and the date of the actual
37-12 placement of the child with an adoptive family;
37-13 (B) the length of time between the date of the
37-14 placement of the child for adoption and the date a final order of
37-15 adoption was rendered;
37-16 (C) if the child returned to the department's
37-17 custody after the date a final order of adoption was rendered for
37-18 the child, the time between the date the final adoption order was
37-19 rendered and the date the child returned to the department's
37-20 custody; and
37-21 (D) for the adoptive family of a child under
37-22 Paragraph (C), whether the family used postadoption program
37-23 services before the date the child returned to the department's
37-24 custody; and
37-25 (2) for each placement of a child in substitute care:
38-1 (A) the level of care the child was determined
38-2 to require;
38-3 (B) whether the child was placed in an
38-4 appropriate setting based on the level of care determined for the
38-5 child;
38-6 (C) the number of moves for the child in
38-7 substitute care and the reasons for moving the child;
38-8 (D) the length of stay in substitute care for
38-9 the child from the date of initial placement to the date of
38-10 approval of a permanency plan for the child;
38-11 (E) the length of time between the date of
38-12 approval of a permanency plan for the child and the date of
38-13 achieving the plan;
38-14 (F) whether the child's permanency plan was
38-15 long-term substitute care;
38-16 (G) whether the child's achieved permanency plan
38-17 was placement with an appropriate relative or another person, other
38-18 than a foster parent, having standing; and
38-19 (H) whether the child was adopted by the child's
38-20 foster parents.
38-21 (b) In addition to the information required in Subsection
38-22 (a), the department shall compile information on:
38-23 (1) the number of families that used postadoption
38-24 program services to assist in maintaining adoptive placements;
38-25 (2) the number of children returned to the
39-1 department's custody after placement with an adoptive family but
39-2 before a final adoption order was rendered;
39-3 (3) the number of children returned to the
39-4 department's custody after the date a final order of adoption was
39-5 rendered for the child;
39-6 (4) the number of adoptive families who used
39-7 postadoption program services before the date a child placed with
39-8 the family returned to the department's custody;
39-9 (5) the percentage of children who were placed in an
39-10 appropriate setting based on the level of care determined for the
39-11 child;
39-12 (6) the percentage of children placed in a department
39-13 foster home;
39-14 (7) the percentage of children placed in a private
39-15 child-placing agency;
39-16 (8) the number of children whose permanency plan was
39-17 long-term substitute care;
39-18 (9) the number of children whose achieved permanency
39-19 plan was placement with an appropriate relative or another person,
39-20 other than a foster parent, having standing;
39-21 (10) the number of children adopted by the child's
39-22 foster parents; and
39-23 (11) the number of children whose achieved permanency
39-24 plan was removal of the disabilities of minority.
39-25 (c) The department shall make the information maintained
40-1 under this section, other than information that is required by law
40-2 to be confidential, available to the public by computer.
40-3 Sec. 264.111. REPORT ON CHILDREN IN SUBSTITUTE CARE.
40-4 (a) The department shall report the status for children in
40-5 substitute care to the Board of Protective and Regulatory Services
40-6 at least once every 12 months.
40-7 (b) The report shall analyze the length of time each child
40-8 has been in substitute care and the barriers to placing the child
40-9 for adoption or returning the child to the child's parent or
40-10 parents.
40-11 SECTION 26. Subchapter C, Chapter 264, Family Code, is
40-12 amended by adding Sections 264.206 and 264.207 to read as follows:
40-13 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. The department
40-14 shall begin its efforts to locate qualified persons to adopt a
40-15 child, including persons registered with the adoptive parent
40-16 registry under Subchapter B, at the time the department's
40-17 permanency plan for the child becomes the termination of the
40-18 parent-child relationship.
40-19 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
40-20 (a) The department shall adopt policies that provide for the
40-21 improvement of the department's services for children and families,
40-22 including policies that provide for conducting a home study within
40-23 four months after the date an applicant is approved for an adoption
40-24 and documenting the results of the home study within 30 days after
40-25 the date the study is completed. The policies adopted under this
41-1 section must:
41-2 (1) be designed to increase the accountability of the
41-3 department to individuals who receive services and to the public;
41-4 and
41-5 (2) assure consistency of services provided by the
41-6 department in the different regions of the state.
41-7 (b) To accomplish the goals stated in Subsection (a), the
41-8 department shall:
41-9 (1) establish time frames for the initial screening of
41-10 families seeking to adopt children;
41-11 (2) provide for the evaluation of the effectiveness of
41-12 the department's management-level employees in expeditiously making
41-13 permanent placements for children;
41-14 (3) establish, as feasible, comprehensive assessment
41-15 services in various locations in the state to determine the needs
41-16 of children and families served by the department; and
41-17 (4) emphasize and centralize the monitoring and
41-18 promoting of the permanent placement of children receiving
41-19 department services.
41-20 SECTION 27. Subsection (a), Section 264.603, Family Code, is
41-21 amended to read as follows:
41-22 (a) The attorney general shall contract with one statewide
41-23 organization of individuals or groups of individuals who have
41-24 expertise in the dynamics of child abuse and neglect and experience
41-25 in operating volunteer advocate programs to provide training,
42-1 technical assistance, and evaluation services for the benefit of
42-2 local volunteer advocate programs. The contract shall require
42-3 measurable goals and objectives for expanding local volunteer child
42-4 advocate programs to areas of the state in which those programs do
42-5 not exist.
42-6 SECTION 28. Subchapter C, Chapter 72, Government Code, is
42-7 amended by adding Section 72.028 to read as follows:
42-8 Sec. 72.028. REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY
42-9 LAW CASES. (a) Not later than December 1 of each year, the office
42-10 shall prepare and submit a report on judicial efficiency in cases
42-11 brought by the Department of Protective and Regulatory Services
42-12 under Title 5, Family Code, to the governor, the lieutenant
42-13 governor, the speaker of the house of representatives, and the
42-14 chief justice of the supreme court.
42-15 (b) The report must cover a one-year period beginning
42-16 September 1 of the preceding year and must include the following
42-17 information about cases brought by the Department of Protective and
42-18 Regulatory Services under Title 5, Family Code:
42-19 (1) recommended docket management procedures and
42-20 reporting requirements for the cases;
42-21 (2) an assessment of the need for mandated judicial
42-22 review of the cases at three-month intervals after the termination
42-23 of parental rights to monitor the adoption process;
42-24 (3) the extent to which continuances are granted in
42-25 the cases;
43-1 (4) the promptness of hearings in the cases;
43-2 (5) a list of courts that give priority to the cases;
43-3 and
43-4 (6) a list of all judges and associate judges in this
43-5 state who preside over the cases.
43-6 (c) The Department of Protective and Regulatory Services
43-7 shall provide all necessary information in the department's
43-8 possession that is required by the office in the preparation of the
43-9 report.
43-10 SECTION 29. This Act takes effect September 1, 1997.
43-11 SECTION 30. (a) The change in law made by Section 3 of this
43-12 Act applies to an attorney ad litem appointed on or after the
43-13 effective date of this Act.
43-14 (b) The Office of Court Administration of the Texas Judicial
43-15 System shall submit the first report under Section 72.028,
43-16 Government Code, as added by Section 28 of this Act, not later than
43-17 December 1, 1999.
43-18 (c) The change in law made by Section 7 of this Act
43-19 regarding the termination of the parent-child relationship applies
43-20 only to a suit affecting the parent-child relationship in which
43-21 termination of the parent-child relationship is sought filed on or
43-22 after the effective date of this Act. A suit affecting the
43-23 parent-child relationship in which termination of the parent-child
43-24 relationship is sought filed before the effective date of this Act
43-25 is governed by the law in effect on the date the suit was filed,
44-1 and the former law is continued in effect for that purpose.
44-2 SECTION 31. (a) The change in law made by Sections 10
44-3 through 23 of this Act take effect January 1, 1998.
44-4 (b) Except as provided by Subsection (c) of this section,
44-5 Sections 10 through 23 of this Act apply to a pending suit
44-6 affecting the parent-child relationship regardless of whether the
44-7 suit was commenced before, on, or after the effective date of this
44-8 Act.
44-9 (c) If the Department of Protective and Regulatory Services
44-10 has been appointed temporary managing conservator of a child before
44-11 the effective date of this Act, the court shall establish a date
44-12 for dismissal of the suit not later than the second anniversary of
44-13 the date of the next hearing conducted under Chapter 263, Family
44-14 Code, unless the court has rendered a final order before the
44-15 dismissal date.
44-16 SECTION 32. The importance of this legislation and the
44-17 crowded condition of the calendars in both houses create an
44-18 emergency and an imperative public necessity that the
44-19 constitutional rule requiring bills to be read on three several
44-20 days in each house be suspended, and this rule is hereby suspended.