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. Subchapter C, Chapter 161, Family Code, is
1-5 amended by adding Section 161.211 to read as follows:
1-6 Sec. 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION
1-7 ORDER. (a) Notwithstanding Rule 329, Texas Rules of Civil
1-8 Procedure, the validity of an order terminating the parental rights
1-9 of a person who has been personally served or who has executed an
1-10 affidavit of relinquishment of parental rights or an affidavit of
1-11 waiver of interest in a child or whose rights have been terminated
1-12 under Section 161.002(b) is not subject to collateral or direct
1-13 attack after the sixth month after the date the order was rendered.
1-14 (b) The validity of an order terminating the parental rights
1-15 of a person who is served by citation by publication is not subject
1-16 to collateral or direct attack after the sixth month after the date
1-17 the order was rendered.
1-18 (c) A direct or collateral attack on an order terminating
1-19 parental rights based on an unrevoked affidavit of relinquishment
1-20 of parental rights or affidavit of waiver of interest in a child is
1-21 limited to issues relating to fraud, duress, or coercion in the
1-22 execution of the affidavit.
1-23 SECTION 2. Subsection (a), Section 162.012, Family Code, is
2-1 amended to read as follows:
2-2 (a) Notwithstanding Rule 329, Texas Rules of Civil
2-3 Procedure, the [The] validity of an adoption order is not subject
2-4 to attack after six months after [the second anniversary of] the
2-5 date the order was rendered.
2-6 SECTION 3. Subchapter B, Chapter 201, Family Code, is
2-7 amended by adding Section 201.1085 to read as follows:
2-8 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
2-9 PROTECTION CASES. The presiding judge of an administrative
2-10 judicial region may appoint a master for a court handling child
2-11 protection cases if the court needs assistance in order to process
2-12 the cases in a reasonable time.
2-13 SECTION 4. Subchapter A, Chapter 262, Family Code, is
2-14 amended by adding Section 262.008 to read as follows:
2-15 Sec. 262.008. ABANDONED CHILDREN. (a) An authorized
2-16 representative of the Department of Protective and Regulatory
2-17 Services may assume the care, control, and custody of a child:
2-18 (1) who is abandoned without identification or a means
2-19 for identifying the child; and
2-20 (2) whose identity cannot be ascertained by the
2-21 exercise of reasonable diligence.
2-22 (b) The department shall immediately file a suit to
2-23 terminate the parent-child relationship of a child under Subsection
2-24 (a).
2-25 (c) A child for whom possession is assumed under this
3-1 section need not be delivered to the court except on the order of
3-2 the court.
3-3 SECTION 5. Subsection (c), Section 262.201, Family Code, is
3-4 amended to read as follows:
3-5 (c) If the court finds sufficient evidence to satisfy a
3-6 person of ordinary prudence and caution that there is a continuing
3-7 danger to the physical health or safety of the child and for the
3-8 child to remain in the home is contrary to the welfare of the
3-9 child, the court shall:
3-10 (1) issue an appropriate temporary order under Chapter
3-11 105; and
3-12 (2) inform each parent in open court that parental and
3-13 custodial rights and duties may be subject to restriction or to
3-14 termination unless the parent or parents are willing and able to
3-15 provide the child with a safe environment.
3-16 SECTION 6. Subchapter A, Chapter 263, Family Code, is
3-17 amended by adding Section 263.006 to read as follows:
3-18 Sec. 263.006. WARNING TO PARENTS. At the status hearing
3-19 under Subchapter C and at each permanency hearing under Subchapter
3-20 D held after the court has rendered a temporary order appointing
3-21 the department as temporary managing conservator, the court shall
3-22 inform each parent in open court that parental and custodial rights
3-23 and duties may be subject to restriction or to termination unless
3-24 the parent or parents are willing and able to provide the child
3-25 with a safe environment.
4-1 SECTION 7. Subchapter B, Chapter 263, Family Code, is
4-2 amended by adding Section 263.1015 to read as follows:
4-3 Sec. 263.1015. SERVICE PLAN NOT REQUIRED. A service plan is
4-4 not required under this subchapter in a suit brought by the
4-5 department for the termination of the parent-child relationship for
4-6 a child who has been abandoned without identification and whose
4-7 identity cannot be determined.
4-8 SECTION 8. Section 263.201, Family Code, is amended to read
4-9 as follows:
4-10 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
4-11 day after the date the court renders a temporary order appointing
4-12 the department as temporary managing conservator of a child [of a
4-13 full adversary hearing under Chapter 262], the court shall hold a
4-14 status hearing to review the child's status and the permanency plan
4-15 developed for the child.
4-16 SECTION 9. The heading to Subchapter D, Chapter 263, Family
4-17 Code, is amended to read as follows:
4-18 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
4-19 SECTION 10. Subsections (a) and (b), Section 263.301, Family
4-20 Code, are amended to read as follows:
4-21 (a) Notice of a permanency [review] hearing shall be given
4-22 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
4-23 persons entitled to notice of the hearing.
4-24 (b) The following persons are entitled to at least 10 days'
4-25 notice of a permanency hearing [to review a child's placement] and
5-1 are entitled to present evidence and be heard at the hearing:
5-2 (1) the department;
5-3 (2) the foster parent or director of the group home or
5-4 institution where the child is residing;
5-5 (3) each parent of the child;
5-6 (4) the managing conservator or guardian of the child;
5-7 [and]
5-8 (5) an attorney ad litem appointed for the child under
5-9 Chapter 107;
5-10 (6) a volunteer advocate appointed for the child under
5-11 Chapter 107; and
5-12 (7) any other person or agency named by the court to
5-13 have an interest in the child's welfare.
5-14 SECTION 11. Section 263.302, Family Code, is amended to read
5-15 as follows:
5-16 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
5-17 dispense with the attendance of the] child shall attend each
5-18 permanency hearing unless the court specifically excuses the
5-19 child's attendance. Failure by the child to attend a hearing does
5-20 not affect the validity of an order rendered at the [at a placement
5-21 review] hearing.
5-22 SECTION 12. Subchapter D, Chapter 263, Family Code, is
5-23 amended by adding Section 263.3025 to read as follows:
5-24 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
5-25 prepare a permanency plan for a child for whom the department has
6-1 been appointed temporary managing conservator. The department
6-2 shall give a copy of the plan to each person entitled to notice
6-3 under Section 263.301(b) not later than the 10th day before the
6-4 date of the child's first permanency hearing.
6-5 (b) In addition to the requirements of the department rules
6-6 governing permanency planning, the permanency plan must contain the
6-7 information required to be included in a permanency progress report
6-8 under Section 263.303.
6-9 (c) The department shall modify the permanency plan for a
6-10 child as required by the circumstances and needs of the child.
6-11 SECTION 13. Section 263.303, Family Code, is amended to read
6-12 as follows:
6-13 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
6-14 later than the 10th day before the date set for each permanency
6-15 hearing other than the first permanency [review] hearing, the
6-16 department or other authorized agency shall file with the court and
6-17 provide to each party, the child's attorney ad litem, and the
6-18 child's volunteer advocate a permanency progress [status] report
6-19 unless the court orders a different period for providing the report
6-20 [or orders that a report is not required for a specific hearing].
6-21 (b) The permanency progress [status] report must:
6-22 (1) recommend that the suit be dismissed; or
6-23 (2) recommend that the suit continue, and:
6-24 (A) identify the date for dismissal of the suit
6-25 under this chapter;
7-1 (B) provide:
7-2 (i) the name of any person entitled to
7-3 notice under Chapter 102 who has not been served;
7-4 (ii) a description of the efforts by the
7-5 department or another agency to locate and request service of
7-6 citation; and
7-7 (iii) a description of each parent's
7-8 assistance in providing information necessary to locate an unserved
7-9 party;
7-10 (C) evaluate [all relevant information
7-11 concerning each of the guidelines under this chapter and] the
7-12 parties' compliance with temporary orders and with the service
7-13 plan;
7-14 (D) evaluate whether the child's placement in
7-15 substitute care meets the child's needs and recommend other plans
7-16 or services to meet the child's special needs or circumstances;
7-17 (E) describe the permanency plan for the child
7-18 and recommend actions necessary to ensure that a final order
7-19 consistent with that permanency plan is rendered before the date
7-20 for dismissal of the suit under this chapter; and
7-21 (F) [(2) recommend one of the following actions:]
7-22 [(A) that the child be returned to the child's
7-23 home and that the suit be dismissed;]
7-24 [(B) that the child be returned to the child's
7-25 home with the department or other agency retaining conservatorship;]
8-1 [(C) that the child remain in substitute care
8-2 for a specified period and that the child's parents continue to
8-3 work toward providing the child with a safe environment;]
8-4 [(D) that the child remain in substitute care
8-5 for a specified period and that termination of parental rights be
8-6 sought under this code;]
8-7 [(E) that a child who has resided in substitute
8-8 care for at least 18 months be placed or remain in permanent or
8-9 long-term substitute care because of the child's special needs or
8-10 circumstances; or]
8-11 [(F) that other plans be made or other services
8-12 provided in accordance with the child's special needs or
8-13 circumstances; and]
8-14 [(3)] with respect to a child 16 years of age or
8-15 older, identify the services needed to assist the child in the
8-16 transition to adult life.
8-17 (c) A parent whose parental rights are the subject of a suit
8-18 affecting the parent-child relationship, the attorney for that
8-19 parent, or the child's attorney ad litem or guardian ad litem may
8-20 file a response to the department's or other agency's report filed
8-21 under Subsection (b). A response must be filed not later than the
8-22 third day before the date of the hearing.
8-23 SECTION 14. Section 263.304, Family Code, is amended to read
8-24 as follows:
8-25 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
9-1 Not later than the 180th day after the date the court renders a
9-2 temporary order appointing the department as temporary managing
9-3 conservator of a child [of the conclusion of the full adversary
9-4 hearing under Chapter 262], the court shall hold a permanency
9-5 hearing to review the status of, and permanency plan for, the [a]
9-6 child to ensure that a final order consistent with that permanency
9-7 plan is rendered before the date for dismissal of the suit under
9-8 this chapter [in substitute care in the court's jurisdiction,
9-9 including the time for the completion of the plan and the projected
9-10 date for the achievement of the child's permanency plan].
9-11 SECTION 15. Section 263.305, Family Code, is amended to read
9-12 as follows:
9-13 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
9-14 subsequent permanency hearing before entry of a final order
9-15 [Subsequent review hearings] shall be held [not earlier than 5 1/2
9-16 months and] not later than the 120th day [seven months] after the
9-17 date of the last permanency hearing in the suit. For [unless,
9-18 for] good cause shown or on the court's own motion, the court may
9-19 order more frequent hearings [by a party, an earlier hearing is
9-20 approved by the court].
9-21 SECTION 16. Section 263.306, Family Code, is amended to read
9-22 as follows:
9-23 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
9-24 each permanency [review] hearing the court shall [determine]:
9-25 (1) identify [the identity of] all persons or parties
10-1 present at the hearing or those given notice but failing to appear;
10-2 (2) review the efforts of the department or another
10-3 agency in:
10-4 (A) attempting to locate all necessary persons;
10-5 (B) requesting service of citation; and
10-6 (C) obtaining the assistance of a parent in
10-7 providing information necessary to locate an absent parent;
10-8 (3) return the child to the parent or parents if
10-9 [whether] the child's parent or parents are willing and able to
10-10 provide the child with a safe environment and the return of the
10-11 child is in the child's best interest;
10-12 (4) place the child with a person or entity, other
10-13 than a parent, entitled to service under Chapter 102 if the person
10-14 or entity is willing and able to provide the child with a safe
10-15 environment and the return of the child is in the child's best
10-16 interest;
10-17 (5) evaluate the department's efforts to identify
10-18 relatives who could provide the child with a safe environment, if
10-19 the child is not returned to a parent or another person or entity
10-20 entitled to service under Chapter 102;
10-21 (6) evaluate the parties' compliance with temporary
10-22 orders and [(3) the extent to which the child's parents have taken
10-23 the necessary actions or responsibilities toward achieving the plan
10-24 goal during the period of the service plan and the extent to which
10-25 the department or other authorized agency has provided assistance
11-1 to the parents as provided in] the service plan;
11-2 (7) determine [(4)] whether:
11-3 (A) the child continues to need substitute care;
11-4 (B) [and whether] the child's current placement
11-5 is appropriate for meeting the child's needs; and
11-6 (C) other plans or services are needed to meet
11-7 the child's special needs or circumstances;
11-8 (8) if the child is placed in institutional care,
11-9 determine whether efforts have been made to ensure placement of the
11-10 child in the least restrictive environment consistent with the best
11-11 interest and special needs of the child;
11-12 (9) if the child is 16 years of age or older, order
11-13 services that are needed to assist the child in making the
11-14 transition from substitute care to independent living if the
11-15 services are available in the community;
11-16 (10) determine plans, services, and further temporary
11-17 orders necessary to ensure that a final order is rendered before
11-18 the date for dismissal of the suit under this chapter; and
11-19 (11) determine the date for dismissal of the suit
11-20 under this chapter and give notice in open court to all parties of:
11-21 (A) the dismissal date;
11-22 (B) the date of the next permanency hearing; and
11-23 (C) the date the suit is set for trial.
11-24 [(5) a date for achieving the child's permanency plan;]
11-25 [(6) if the child has been in substitute care for not
12-1 less than 18 months, the future status of the child and the
12-2 appropriateness of the date by which the child may return home and
12-3 whether to render further appropriate orders;]
12-4 [(7) if the child is in substitute care outside the
12-5 state, whether the out-of-state placement continues to be
12-6 appropriate and in the best interest of the child;]
12-7 [(8) whether the child's parents are willing and able
12-8 to provide the child with a safe environment without the assistance
12-9 of a service plan and, if so, return the child to the parents;]
12-10 [(9) whether the child's parents are willing and able
12-11 to provide the child with a safe environment with the assistance of
12-12 a service plan and, if so, return the child or continue the
12-13 placement of the child in the child's home under the department's
12-14 or other agency's supervision;]
12-15 [(10) whether the child's parents are presently
12-16 unwilling or unable to provide the child with a safe environment,
12-17 even with the assistance of a service plan, and, if so, order the
12-18 child to remain under the department's or other agency's managing
12-19 conservatorship for a period of time specified by the court;]
12-20 [(11) whether a long-term substitute care placement is
12-21 in the child's best interest because of the child's special needs
12-22 or circumstances and, if so, begin a long-term substitute care
12-23 placement and if the child is placed in institutional care, whether
12-24 efforts have been made to ensure placement of the child in the
12-25 least restrictive environment consistent with the best interest and
13-1 special needs of the child;]
13-2 [(12) whether a child is 16 years of age or older and,
13-3 if so, order the services that are needed to assist the child in
13-4 making the transition from substitute care to independent living if
13-5 the services are available in the community;]
13-6 [(13) whether the child has been placed with the
13-7 department under a voluntary placement agreement and, if so, order
13-8 that the department will institute further proceedings or return
13-9 the child to the parents;]
13-10 [(14) whether the department or authorized agency has
13-11 custody, care, and control of the child under an affidavit of
13-12 relinquishment of parental rights naming the department managing
13-13 conservator and, if so, direct the department or authorized agency
13-14 to institute further proceedings; and]
13-15 [(15) whether parental rights to the child have been
13-16 terminated and, if so, determine whether the department or
13-17 authorized agency will attempt to place the child for adoption.]
13-18 SECTION 17. Chapter 263, Family Code, is amended by adding
13-19 Subchapters E and F to read as follows:
13-20 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
13-21 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
13-22 (a) Unless the court has rendered a final order or granted an
13-23 extension under Subsection (b), on the first Monday after the first
13-24 anniversary of the date the court rendered a temporary order
13-25 appointing the department as temporary managing conservator, the
14-1 court shall dismiss the suit affecting the parent-child
14-2 relationship filed by the department that requests termination of
14-3 the parent-child relationship or requests that the department be
14-4 named conservator of the child.
14-5 (b) On or before the time described by Subsection (a) for
14-6 the dismissal of the suit, the court may extend the court's
14-7 jurisdiction of the suit for a period stated in the extension
14-8 order, but not longer than 180 days after the time described by
14-9 Subsection (a), if the court has continuing jurisdiction of the
14-10 suit and the appointment of the department as temporary managing
14-11 conservator is in the best interest of the child. If the court
14-12 grants an extension, the extension order must also:
14-13 (1) schedule the new date for dismissal of the suit;
14-14 and
14-15 (2) make further temporary orders for the safety and
14-16 welfare of the child as necessary to avoid further delay in
14-17 resolving the suit.
14-18 (c) If the court grants an extension, the court shall render
14-19 a final order or dismiss the suit on or before the date specified
14-20 in the extension order and may not grant an additional extension.
14-21 (d) For purposes of this section, a final order is an order
14-22 that:
14-23 (1) requires that a child be returned to the child's
14-24 parent;
14-25 (2) names a relative of the child or another person as
15-1 the child's managing conservator;
15-2 (3) without terminating the parent-child relationship,
15-3 appoints the department as the managing conservator of the child;
15-4 or
15-5 (4) terminates the parent-child relationship and
15-6 appoints a relative of the child, another suitable person, or the
15-7 department as managing conservator of the child.
15-8 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
15-9 RELATIVE. (a) Notwithstanding Section 263.401, the court may
15-10 retain jurisdiction and not dismiss the suit or render a final
15-11 order as required by that section if the court renders a temporary
15-12 order that:
15-13 (1) finds that retaining jurisdiction under this
15-14 section is in the best interest of the child;
15-15 (2) orders the department to return the child to the
15-16 child's parent or to place the child with a relative of the child;
15-17 (3) orders the department to continue to serve as
15-18 temporary managing conservator of the child; and
15-19 (4) orders the department to monitor the child's
15-20 placement to ensure that the child is in a safe environment.
15-21 (b) If the court renders an order under this section, the
15-22 court shall:
15-23 (1) include in the order specific findings regarding
15-24 the grounds for the order; and
15-25 (2) schedule a new date, not later than the 180th day
16-1 after the date the temporary order is rendered, for dismissal of
16-2 the suit.
16-3 (c) If a child placed with a parent or relative under this
16-4 section must be moved from that home by the department before the
16-5 dismissal of the suit or the rendering of a final order, the court
16-6 shall, at the time of the move, schedule a new date for dismissal
16-7 of the suit. The new dismissal date may not be later than the
16-8 original dismissal date established under Section 263.401 or the
16-9 180th day after the date the child is moved under this subsection,
16-10 whichever date is later.
16-11 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
16-12 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
16-13 may render a final order appointing the department as managing
16-14 conservator of the child without terminating the rights of the
16-15 parent of the child if the court finds that:
16-16 (1) appointment of a parent as managing conservator
16-17 would not be in the best interest of the child because the
16-18 appointment would significantly impair the child's physical health
16-19 or emotional development; and
16-20 (2) it would not be in the best interest of the child
16-21 to appoint a relative of the child or another person as managing
16-22 conservator.
16-23 (b) In determining whether the department should be
16-24 appointed as managing conservator of the child without terminating
16-25 the rights of a parent of the child, the court shall take the
17-1 following factors into consideration:
17-2 (1) that the child will reach 18 years of age in not
17-3 less than three years;
17-4 (2) that the child is 12 years of age or older and has
17-5 expressed a strong desire against termination or being adopted;
17-6 (3) that the child has special medical or behavioral
17-7 needs that make adoption of the child unlikely; and
17-8 (4) the needs and desires of the child.
17-9 Sec. 263.404. COURT INFORMATION SYSTEM. The Office of Court
17-10 Administration of the Texas Judicial System shall consult with the
17-11 courts presiding over cases brought by the department for the
17-12 protection of children to develop an information system to track
17-13 compliance with the requirements of this subchapter for the timely
17-14 disposition of those cases.
17-15 (Sections 263.405-263.500 reserved for expansion
17-16 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
17-17 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
17-18 the department has been named as a child's managing conservator in
17-19 a final order that does not include termination of parental rights,
17-20 the court shall conduct a placement review hearing at least once
17-21 every six months until the child becomes an adult.
17-22 (b) If the department has been named as a child's managing
17-23 conservator in a final order that terminates a parent's parental
17-24 rights, the court shall conduct a placement review hearing at least
17-25 once every six months until the date the child is adopted or the
18-1 child becomes an adult.
18-2 (c) Notice of a placement review hearing shall be given as
18-3 provided by Rule 21a, Texas Rules of Civil Procedure, to each
18-4 person entitled to notice of the hearing.
18-5 (d) The following are entitled to not less than 10 days'
18-6 notice of a placement review hearing:
18-7 (1) the department;
18-8 (2) the foster parent or director of the group home or
18-9 institution in which the child is residing;
18-10 (3) each parent of the child;
18-11 (4) each possessory conservator or guardian of the
18-12 child;
18-13 (5) the child's attorney ad litem and volunteer
18-14 advocate, if the appointments were not dismissed in the final
18-15 order; and
18-16 (6) any other person or agency named by the court as
18-17 having an interest in the child's welfare.
18-18 (e) The court may dispense with the requirement that the
18-19 child attend a placement review hearing.
18-20 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
18-21 the 10th day before the date set for a placement review hearing,
18-22 the department or other authorized agency shall file a placement
18-23 review report with the court and provide a copy to each person
18-24 entitled to notice under Section 263.501(d).
18-25 (b) For good cause shown, the court may order a different
19-1 time for filing the placement review report or may order that a
19-2 report is not required for a specific hearing.
19-3 (c) The placement review report must:
19-4 (1) evaluate whether the child's current placement is
19-5 appropriate for meeting the child's needs;
19-6 (2) evaluate whether efforts have been made to ensure
19-7 placement of the child in the least restrictive environment
19-8 consistent with the best interest and special needs of the child if
19-9 the child is placed in institutional care;
19-10 (3) identify the services that are needed to assist a
19-11 child who is at least 16 years of age in making the transition from
19-12 substitute care to independent living if the services are available
19-13 in the community;
19-14 (4) identify other plans or services that are needed
19-15 to meet the child's special needs or circumstances; and
19-16 (5) describe the efforts of the department or
19-17 authorized agency to place the child for adoption if parental
19-18 rights to the child have been terminated and the child is eligible
19-19 for adoption.
19-20 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
19-21 placement review hearing, the court shall determine whether:
19-22 (1) the child's current placement is appropriate for
19-23 meeting the child's needs;
19-24 (2) efforts have been made to ensure placement of the
19-25 child in the least restrictive environment consistent with the best
20-1 interest and special needs of the child if the child is placed in
20-2 institutional care;
20-3 (3) the services that are needed to assist a child who
20-4 is at least 16 years of age in making the transition from
20-5 substitute care to independent living are available in the
20-6 community;
20-7 (4) other plans or services are needed to meet the
20-8 child's special needs or circumstances; and
20-9 (5) the department or authorized agency has exercised
20-10 due diligence in attempting to place the child for adoption if
20-11 parental rights to the child have been terminated and the child is
20-12 eligible for adoption.
20-13 SECTION 18. Subchapter B, Chapter 264, Family Code, is
20-14 amended by adding Sections 264.111 and 264.112 to read as follows:
20-15 Sec. 264.111. ADOPTION AND SUBSTITUTE INFORMATION. (a) The
20-16 department shall maintain in the department's central database
20-17 information concerning children placed in the department's custody,
20-18 including:
20-19 (1) for each formal adoption of a child in this state:
20-20 (A) the length of time between the date of the
20-21 permanency plan decision of adoption and the date of the actual
20-22 placement of the child with an adoptive family;
20-23 (B) the length of time between the date of the
20-24 placement of the child for adoption and the date a final order of
20-25 adoption was rendered;
21-1 (C) if the child returned to the department's
21-2 custody after the date a final order of adoption was rendered for
21-3 the child, the time between the date the final adoption order was
21-4 rendered and the date the child returned to the department's
21-5 custody; and
21-6 (D) for the adoptive family of a child under
21-7 Paragraph (C), whether the family used postadoption program
21-8 services before the date the child returned to the department's
21-9 custody; and
21-10 (2) for each placement of a child in substitute care:
21-11 (A) the level of care the child was determined
21-12 to require;
21-13 (B) whether the child was placed in an
21-14 appropriate setting based on the level of care determined for the
21-15 child;
21-16 (C) the number of moves for the child in
21-17 substitute care and the reasons for moving the child;
21-18 (D) the length of stay in substitute care for
21-19 the child from the date of initial placement to the date of
21-20 approval of a permanency plan for the child;
21-21 (E) the length of time between the date of
21-22 approval of a permanency plan for the child and the date of
21-23 achieving the plan;
21-24 (F) whether the child's permanency plan was
21-25 long-term substitute care;
22-1 (G) whether the child's achieved permanency plan
22-2 was placement with an appropriate relative or another person, other
22-3 than a foster parent, having standing; and
22-4 (H) whether the child was adopted by the child's
22-5 foster parents.
22-6 (b) In addition to the information required in Subsection
22-7 (a), the department shall compile information on:
22-8 (1) the number of families that used postadoption
22-9 program services to assist in maintaining adoptive placements;
22-10 (2) the number of children returned to the
22-11 department's custody after placement with an adoptive family but
22-12 before a final adoption order was rendered;
22-13 (3) the number of children returned to the
22-14 department's custody after the date a final order of adoption was
22-15 rendered for the child;
22-16 (4) the number of adoptive families who used
22-17 postadoption program services before the date a child placed with
22-18 the family returned to the department's custody;
22-19 (5) the percentage of children who were placed in an
22-20 appropriate setting based on the level of care determined for the
22-21 child;
22-22 (6) the percentage of children placed in a department
22-23 foster home;
22-24 (7) the percentage of children placed in a private
22-25 child-placing agency;
23-1 (8) the number of children whose permanency plan was
23-2 long-term substitute care;
23-3 (9) the number of children whose achieved permanency
23-4 plan was placement with an appropriate relative or another person,
23-5 other than a foster parent, having standing;
23-6 (10) the number of children adopted by the child's
23-7 foster parents; and
23-8 (11) the number of children whose achieved permanency
23-9 plan was removal of the disabilities of minority.
23-10 (c) The department shall make the information maintained
23-11 under this section, other than information that is required by law
23-12 to be confidential, available to the public by computer.
23-13 Sec. 264.112. REPORT ON CHILDREN IN SUBSTITUTE CARE.
23-14 (a) The department shall report the status for children in
23-15 substitute care to the Board of Protective and Regulatory Services
23-16 at least once every 12 months.
23-17 (b) The report shall analyze the length of time each child
23-18 has been in substitute care and the barriers to placing the child
23-19 for adoption or returning the child to the child's parent or
23-20 parents.
23-21 SECTION 19. Subchapter C, Chapter 264, Family Code, is
23-22 amended by adding Sections 264.206 and 264.207 to read as follows:
23-23 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. (a) The
23-24 department shall begin its efforts to locate qualified persons to
23-25 adopt a child, including persons registered with the adoptive
24-1 parent registry under Subchapter B, at the time the department's
24-2 permanency plan for the child becomes the termination of the
24-3 parent-child relationship and adoption of the child.
24-4 (b) The department shall report to the court in which the
24-5 department petitions for termination of the parent-child
24-6 relationship on the child's adoptability and the department's
24-7 search for prospective adoptive parents for the child, including
24-8 information relating to the department's efforts to work with
24-9 licensed child-placing agencies.
24-10 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
24-11 (a) The department shall adopt policies that provide for the
24-12 improvement of the department's services for children and families,
24-13 including policies that provide for conducting a home study within
24-14 four months after the date an applicant is approved for an adoption
24-15 and documenting the results of the home study within 30 days after
24-16 the date the study is completed. The policies adopted under this
24-17 section must:
24-18 (1) be designed to increase the accountability of the
24-19 department to individuals who receive services and to the public;
24-20 and
24-21 (2) assure consistency of services provided by the
24-22 department in the different regions of the state.
24-23 (b) To accomplish the goals stated in Subsection (a), the
24-24 department shall:
24-25 (1) establish time frames for the initial screening of
25-1 families seeking to adopt children;
25-2 (2) provide for the evaluation of the effectiveness of
25-3 the department's management-level employees in expeditiously making
25-4 permanent placements for children;
25-5 (3) establish, as feasible, comprehensive assessment
25-6 services in various locations in the state to determine the needs
25-7 of children and families served by the department;
25-8 (4) emphasize and centralize the monitoring and
25-9 promoting of the permanent placement of children receiving
25-10 department services;
25-11 (5) establish goals and performance measures in the
25-12 permanent placement of children;
25-13 (6) seek private licensed child-placing agencies to
25-14 place a child in the department's managing conservatorship who has
25-15 been available for permanent placement for more than 90 days;
25-16 (7) provide information to private licensed
25-17 child-placing agencies concerning children under Subdivision (6);
25-18 (8) provide incentives for a private licensed
25-19 child-placing agency that places a child, as defined by Section
25-20 162.301, under Subdivision (6);
25-21 (9) encourage foster parents to be approved by the
25-22 department as both foster parents and adoptive parents;
25-23 (10) address failures by the department's service
25-24 regions in making permanent placements for children in a reasonable
25-25 time; and
26-1 (11) require the department's service regions to
26-2 participate in the Texas Adoption Resources Exchange.
26-3 SECTION 20. Subsection (a), Section 264.603, Family Code, is
26-4 amended to read as follows:
26-5 (a) The attorney general shall contract with one statewide
26-6 organization of individuals or groups of individuals who have
26-7 expertise in the dynamics of child abuse and neglect and experience
26-8 in operating volunteer advocate programs to provide training,
26-9 technical assistance, and evaluation services for the benefit of
26-10 local volunteer advocate programs. The contract shall require
26-11 measurable goals and objectives for expanding local volunteer child
26-12 advocate programs to areas of the state in which those programs do
26-13 not exist.
26-14 SECTION 21. Except as otherwise provided by this Act, this
26-15 Act takes effect September 1, 1997.
26-16 SECTION 22. (a) The change in law made by Sections 2
26-17 through 16 of this Act takes effect January 1, 1998.
26-18 (b) Except as provided by Subsection (c) of this section,
26-19 Sections 2 through 16 of this Act apply to a pending suit affecting
26-20 the parent-child relationship regardless of whether the suit was
26-21 commenced before, on, or after the effective date of this Act.
26-22 (c) If the Department of Protective and Regulatory Services
26-23 has been appointed temporary managing conservator of a child before
26-24 January 1, 1998, the court shall at the first hearing conducted on
26-25 or after that date under Chapter 263, Family Code, establish a date
27-1 for dismissal of the suit not later than the second anniversary of
27-2 the date of the hearing, unless the court has rendered a final
27-3 order before the dismissal date.
27-4 SECTION 23. The importance of this legislation and the
27-5 crowded condition of the calendars in both houses create an
27-6 emergency and an imperative public necessity that the
27-7 constitutional rule requiring bills to be read on three several
27-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 34 passed the Senate on
April 8, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 34 passed the House, with
amendments, on May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor