75R12449 JMM-D
By Zaffirini, et al. S.B. No. 34
Substitute the following for S.B. No. 34:
By Staples C.S.S.B. No. 34
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the parent-child relationship, suits affecting the
1-3 parent-child relationship, and the protection of children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 162.012(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) The validity of an adoption order is not subject to
1-8 attack after six months after [the second anniversary of] the date
1-9 the order was rendered.
1-10 SECTION 2. Subchapter B, Chapter 201, Family Code, is
1-11 amended by adding Section 201.1085 to read as follows:
1-12 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
1-13 PROTECTION CASES. The presiding judge of an administrative
1-14 judicial region may appoint a master for a court handling child
1-15 protection cases if the court needs assistance in order to process
1-16 the cases in a reasonable time.
1-17 SECTION 3. Subchapter A, Chapter 262, Family Code, is
1-18 amended by adding Section 262.008 to read as follows:
1-19 Sec. 262.008. ABANDONED CHILDREN. (a) An authorized
1-20 representative of the Department of Protective and Regulatory
1-21 Services may assume the care, control, and custody of a child:
1-22 (1) who is abandoned without identification or a means
1-23 for identifying the child; and
1-24 (2) whose identity cannot be ascertained by the
2-1 exercise of reasonable diligence.
2-2 (b) The department shall immediately file a suit to
2-3 terminate the parent-child relationship of a child under Subsection
2-4 (a).
2-5 (c) A child for whom possession is assumed under this
2-6 section need not be delivered to the court except on the order of
2-7 the court.
2-8 SECTION 4. Subsection (c), Section 262.201, Family Code, is
2-9 amended to read as follows:
2-10 (c) If the court finds sufficient evidence to satisfy a
2-11 person of ordinary prudence and caution that there is a continuing
2-12 danger to the physical health or safety of the child and for the
2-13 child to remain in the home is contrary to the welfare of the
2-14 child, the court shall:
2-15 (1) issue an appropriate temporary order under Chapter
2-16 105; and
2-17 (2) inform each parent in open court that parental and
2-18 custodial rights and duties may be subject to restriction or to
2-19 termination unless the parent or parents are willing and able to
2-20 provide the child with a safe environment.
2-21 SECTION 5. Subchapter A, Chapter 263, Family Code, is
2-22 amended by adding Section 263.006 to read as follows:
2-23 Sec. 263.006. WARNING TO PARENTS. At the status hearing
2-24 under Subchapter C and at each permanency hearing under Subchapter
2-25 D held after the court has rendered a temporary order appointing
2-26 the department as temporary managing conservator, the court shall
2-27 inform each parent in open court that parental and custodial rights
3-1 and duties may be subject to restriction or to termination unless
3-2 the parent or parents are willing and able to provide the child
3-3 with a safe environment.
3-4 SECTION 6. Subchapter B, Chapter 263, Family Code, is
3-5 amended by adding Section 263.1015 to read as follows:
3-6 Sec. 263.1015. SERVICE PLAN NOT REQUIRED. A service plan is
3-7 not required under this subchapter in a suit brought by the
3-8 department for the termination of the parent-child relationship for
3-9 a child who has been abandoned without identification and whose
3-10 identity cannot be determined.
3-11 SECTION 7. Section 263.201, Family Code, is amended to read
3-12 as follows:
3-13 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
3-14 day after the date the court renders a temporary order appointing
3-15 the department as temporary managing conservator of a child [of a
3-16 full adversary hearing under Chapter 262], the court shall hold a
3-17 status hearing to review the child's status and the permanency plan
3-18 developed for the child.
3-19 SECTION 8. The heading to Subchapter D, Chapter 263, Family
3-20 Code, is amended to read as follows:
3-21 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
3-22 SECTION 9. Subsections (a) and (b), Section 263.301, Family
3-23 Code, are amended to read as follows:
3-24 (a) Notice of a permanency [review] hearing shall be given
3-25 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
3-26 persons entitled to notice of the hearing.
3-27 (b) The following persons are entitled to at least 10 days'
4-1 notice of a permanency hearing [to review a child's placement] and
4-2 are entitled to present evidence and be heard at the hearing:
4-3 (1) the department;
4-4 (2) the foster parent or director of the group home or
4-5 institution where the child is residing;
4-6 (3) each parent of the child;
4-7 (4) the managing conservator or guardian of the child;
4-8 [and]
4-9 (5) an attorney ad litem appointed for the child under
4-10 Chapter 107;
4-11 (6) a volunteer advocate appointed for the child under
4-12 Chapter 107; and
4-13 (7) any other person or agency named by the court to
4-14 have an interest in the child's welfare.
4-15 SECTION 10. Section 263.302, Family Code, is amended to
4-16 read as follows:
4-17 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
4-18 dispense with the attendance of the] child shall attend each
4-19 permanency hearing unless the court specifically excuses the
4-20 child's attendance. Failure by the child to attend a hearing does
4-21 not affect the validity of an order rendered at the [at a placement
4-22 review] hearing.
4-23 SECTION 11. Subchapter D, Chapter 263, Family Code, is
4-24 amended by adding Section 263.3025 to read as follows:
4-25 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
4-26 prepare a permanency plan for a child for whom the department has
4-27 been appointed temporary managing conservator. The department
5-1 shall give a copy of the plan to each person entitled to notice
5-2 under Section 263.301(b) not later than the 10th day before the
5-3 date of the child's first permanency hearing.
5-4 (b) In addition to the requirements of the department rules
5-5 governing permanency planning, the permanency plan must contain the
5-6 information required to be included in a permanency progress report
5-7 under Section 263.303.
5-8 (c) The department shall modify the permanency plan for a
5-9 child as required by the circumstances and needs of the child.
5-10 SECTION 12. Section 263.303, Family Code, is amended to
5-11 read as follows:
5-12 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
5-13 later than the 10th day before the date set for each permanency
5-14 hearing other than the first permanency [review] hearing, the
5-15 department or other authorized agency shall file with the court and
5-16 provide to each party, the child's attorney ad litem, and the
5-17 child's volunteer advocate a permanency progress [status] report
5-18 unless the court orders a different period for providing the report
5-19 [or orders that a report is not required for a specific hearing].
5-20 (b) The permanency progress [status] report must:
5-21 (1) recommend that the suit be dismissed; or
5-22 (2) recommend that the suit continue, and:
5-23 (A) identify the date for dismissal of the suit
5-24 under this chapter;
5-25 (B) provide:
5-26 (i) the name of any person entitled to
5-27 notice under Chapter 102 who has not been served;
6-1 (ii) a description of the efforts by the
6-2 department or another agency to locate and request service of
6-3 citation; and
6-4 (iii) a description of each parent's
6-5 assistance in providing information necessary to locate an unserved
6-6 party;
6-7 (C) evaluate [all relevant information
6-8 concerning each of the guidelines under this chapter and] the
6-9 parties' compliance with temporary orders and with the service
6-10 plan;
6-11 (D) evaluate whether the child's placement in
6-12 substitute care meets the child's needs and recommend other plans
6-13 or services to meet the child's special needs or circumstances;
6-14 (E) describe the permanency plan for the child
6-15 and recommend actions necessary to ensure that a final order
6-16 consistent with that permanency plan is rendered before the date
6-17 for dismissal of the suit under this chapter; and
6-18 (F) [(2) recommend one of the following actions:]
6-19 [(A) that the child be returned to the child's
6-20 home and that the suit be dismissed;]
6-21 [(B) that the child be returned to the child's
6-22 home with the department or other agency retaining conservatorship;]
6-23 [(C) that the child remain in substitute care
6-24 for a specified period and that the child's parents continue to
6-25 work toward providing the child with a safe environment;]
6-26 [(D) that the child remain in substitute care
6-27 for a specified period and that termination of parental rights be
7-1 sought under this code;]
7-2 [(E) that a child who has resided in substitute
7-3 care for at least 18 months be placed or remain in permanent or
7-4 long-term substitute care because of the child's special needs or
7-5 circumstances; or]
7-6 [(F) that other plans be made or other services
7-7 provided in accordance with the child's special needs or
7-8 circumstances; and]
7-9 [(3)] with respect to a child 16 years of age or
7-10 older, identify the services needed to assist the child in the
7-11 transition to adult life.
7-12 (c) A parent whose parental rights are the subject of a suit
7-13 affecting the parent-child relationship, the attorney for that
7-14 parent, or the child's attorney ad litem or guardian ad litem may
7-15 file a response to the department's or other agency's report filed
7-16 under Subsection (b). A response must be filed not later than the
7-17 third day before the date of the hearing.
7-18 SECTION 13. Section 263.304, Family Code, is amended to
7-19 read as follows:
7-20 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
7-21 Not later than the 180th day after the date the court renders a
7-22 temporary order appointing the department as temporary managing
7-23 conservator of a child [of the conclusion of the full adversary
7-24 hearing under Chapter 262], the court shall hold a permanency
7-25 hearing to review the status of, and permanency plan for, the [a]
7-26 child to ensure that a final order consistent with that permanency
7-27 plan is rendered before the date for dismissal of the suit under
8-1 this chapter [in substitute care in the court's jurisdiction,
8-2 including the time for the completion of the plan and the projected
8-3 date for the achievement of the child's permanency plan].
8-4 SECTION 14. Section 263.305, Family Code, is amended to
8-5 read as follows:
8-6 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
8-7 subsequent permanency hearing before entry of a final order
8-8 [Subsequent review hearings] shall be held [not earlier than 5 1/2
8-9 months and] not later than the 120th day [seven months] after the
8-10 date of the last permanency hearing in the suit. For [unless,
8-11 for] good cause shown or on the court's own motion, the court may
8-12 order more frequent hearings [by a party, an earlier hearing is
8-13 approved by the court].
8-14 SECTION 15. Section 263.306, Family Code, is amended to
8-15 read as follows:
8-16 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
8-17 each permanency [review] hearing the court shall [determine]:
8-18 (1) identify [the identity of] all persons or parties
8-19 present at the hearing or those given notice but failing to appear;
8-20 (2) review the efforts of the department or another
8-21 agency in:
8-22 (A) attempting to locate all necessary persons;
8-23 (B) requesting service of citation; and
8-24 (C) obtaining the assistance of a parent in
8-25 providing information necessary to locate an absent parent;
8-26 (3) return the child to the parent or parents if
8-27 [whether] the child's parent or parents are willing and able to
9-1 provide the child with a safe environment and the return of the
9-2 child is in the child's best interest;
9-3 (4) place the child with a person or entity, other
9-4 than a parent, entitled to service under Chapter 102 if the person
9-5 or entity is willing and able to provide the child with a safe
9-6 environment and the return of the child is in the child's best
9-7 interest;
9-8 (5) evaluate the department's efforts to identify
9-9 relatives who could provide the child with a safe environment, if
9-10 the child is not returned to a parent or another person or entity
9-11 entitled to service under Chapter 102;
9-12 (6) evaluate the parties' compliance with temporary
9-13 orders and [(3) the extent to which the child's parents have taken
9-14 the necessary actions or responsibilities toward achieving the plan
9-15 goal during the period of the service plan and the extent to which
9-16 the department or other authorized agency has provided assistance
9-17 to the parents as provided in] the service plan;
9-18 (7) determine [(4)] whether:
9-19 (A) the child continues to need substitute care;
9-20 (B) [and whether] the child's current placement
9-21 is appropriate for meeting the child's needs; and
9-22 (C) other plans or services are needed to meet
9-23 the child's special needs or circumstances;
9-24 (8) if the child is placed in institutional care,
9-25 determine whether efforts have been made to ensure placement of the
9-26 child in the least restrictive environment consistent with the best
9-27 interest and special needs of the child;
10-1 (9) if the child is 16 years of age or older, order
10-2 services that are needed to assist the child in making the
10-3 transition from substitute care to independent living if the
10-4 services are available in the community;
10-5 (10) determine plans, services, and further temporary
10-6 orders necessary to ensure that a final order is rendered before
10-7 the date for dismissal of the suit under this chapter; and
10-8 (11) determine the date for dismissal of the suit
10-9 under this chapter and give notice in open court to all parties of:
10-10 (A) the dismissal date;
10-11 (B) the date of the next permanency hearing; and
10-12 (C) the date the suit is set for trial.
10-13 [(5) a date for achieving the child's permanency plan;]
10-14 [(6) if the child has been in substitute care for not
10-15 less than 18 months, the future status of the child and the
10-16 appropriateness of the date by which the child may return home and
10-17 whether to render further appropriate orders;]
10-18 [(7) if the child is in substitute care outside the
10-19 state, whether the out-of-state placement continues to be
10-20 appropriate and in the best interest of the child;]
10-21 [(8) whether the child's parents are willing and able
10-22 to provide the child with a safe environment without the assistance
10-23 of a service plan and, if so, return the child to the parents;]
10-24 [(9) whether the child's parents are willing and able
10-25 to provide the child with a safe environment with the assistance of
10-26 a service plan and, if so, return the child or continue the
10-27 placement of the child in the child's home under the department's
11-1 or other agency's supervision;]
11-2 [(10) whether the child's parents are presently
11-3 unwilling or unable to provide the child with a safe environment,
11-4 even with the assistance of a service plan, and, if so, order the
11-5 child to remain under the department's or other agency's managing
11-6 conservatorship for a period of time specified by the court;]
11-7 [(11) whether a long-term substitute care placement is
11-8 in the child's best interest because of the child's special needs
11-9 or circumstances and, if so, begin a long-term substitute care
11-10 placement and if the child is placed in institutional care, whether
11-11 efforts have been made to ensure placement of the child in the
11-12 least restrictive environment consistent with the best interest and
11-13 special needs of the child;]
11-14 [(12) whether a child is 16 years of age or older and,
11-15 if so, order the services that are needed to assist the child in
11-16 making the transition from substitute care to independent living if
11-17 the services are available in the community;]
11-18 [(13) whether the child has been placed with the
11-19 department under a voluntary placement agreement and, if so, order
11-20 that the department will institute further proceedings or return
11-21 the child to the parents;]
11-22 [(14) whether the department or authorized agency has
11-23 custody, care, and control of the child under an affidavit of
11-24 relinquishment of parental rights naming the department managing
11-25 conservator and, if so, direct the department or authorized agency
11-26 to institute further proceedings; and]
11-27 [(15) whether parental rights to the child have been
12-1 terminated and, if so, determine whether the department or
12-2 authorized agency will attempt to place the child for adoption.]
12-3 SECTION 16. Chapter 263, Family Code, is amended by adding
12-4 Subchapters E and F to read as follows:
12-5 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
12-6 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
12-7 (a) Unless the court has rendered a final order or granted an
12-8 extension under Subsection (b), on the first Monday after the first
12-9 anniversary of the date the court rendered a temporary order
12-10 appointing the department as temporary managing conservator, the
12-11 court shall dismiss the suit affecting the parent-child
12-12 relationship filed by the department that requests termination of
12-13 the parent-child relationship or requests that the department be
12-14 named conservator of the child.
12-15 (b) On or before the time described by Subsection (a) for
12-16 the dismissal of the suit, the court may extend the court's
12-17 jurisdiction of the suit for a period stated in the extension
12-18 order, but not longer than 180 days after the time described by
12-19 Subsection (a), if the court has continuing jurisdiction of the
12-20 suit and the appointment of the department as temporary managing
12-21 conservator is in the best interest of the child. If the court
12-22 grants an extension, the extension order must also:
12-23 (1) schedule the new date for dismissal of the suit;
12-24 and
12-25 (2) make further temporary orders for the safety and
12-26 welfare of the child as necessary to avoid further delay in
12-27 resolving the suit.
13-1 (c) If the court grants an extension, the court shall render
13-2 a final order or dismiss the suit on or before the date specified
13-3 in the extension order and may not grant an additional extension.
13-4 (d) For purposes of this section, a final order is an order
13-5 that:
13-6 (1) requires that a child be returned to the child's
13-7 parent;
13-8 (2) names a relative of the child or another person as
13-9 the child's managing conservator;
13-10 (3) without terminating the parent-child relationship,
13-11 appoints the department as the managing conservator of the child;
13-12 or
13-13 (4) terminates the parent-child relationship and
13-14 appoints a relative of the child, another suitable person, or the
13-15 department as managing conservator of the child.
13-16 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
13-17 RELATIVE. (a) Notwithstanding Section 263.401, the court may
13-18 retain jurisdiction and not dismiss the suit or render a final
13-19 order as required by that section if the court renders a temporary
13-20 order that:
13-21 (1) finds that retaining jurisdiction under this
13-22 section is in the best interest of the child;
13-23 (2) orders the department to return the child to the
13-24 child's parent or to place the child with a relative of the child;
13-25 (3) orders the department to continue to serve as
13-26 temporary managing conservator of the child; and
13-27 (4) orders the department to monitor the child's
14-1 placement to ensure that the child is in a safe environment.
14-2 (b) If the court renders an order under this section, the
14-3 court shall:
14-4 (1) include in the order specific findings regarding
14-5 the grounds for the order; and
14-6 (2) schedule a new date, not later than the 180th day
14-7 after the date the temporary order is rendered, for dismissal of
14-8 the suit.
14-9 (c) If a child placed with a parent or relative under this
14-10 section must be moved from that home by the department before the
14-11 dismissal of the suit or the rendering of a final order, the court
14-12 shall, at the time of the move, schedule a new date for dismissal
14-13 of the suit. The new dismissal date may not be later than the
14-14 original dismissal date established under Section 263.401 or the
14-15 180th day after the date the child is moved under this subsection,
14-16 whichever date is later.
14-17 (d) If the court renders an order under this section, the
14-18 court must include in the order specific findings regarding the
14-19 grounds for the order.
14-20 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
14-21 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
14-22 may render a final order appointing the department as managing
14-23 conservator of the child without terminating the rights of the
14-24 parent of the child if the court finds that:
14-25 (1) appointment of a parent as managing conservator
14-26 would not be in the best interest of the child because the
14-27 appointment would significantly impair the child's physical health
15-1 or emotional development; and
15-2 (2) it would not be in the best interest of the child
15-3 to appoint a relative of the child or another person as managing
15-4 conservator.
15-5 (b) In determining whether the department should be
15-6 appointed as managing conservator of the child without terminating
15-7 the rights of a parent of the child, the court shall take the
15-8 following factors into consideration:
15-9 (1) that the child will reach 18 years of age in not
15-10 less than three years;
15-11 (2) that the child is 12 years of age or older and has
15-12 expressed a strong desire against termination or being adopted;
15-13 (3) that the child has special medical or behavioral
15-14 needs that make adoption of the child unlikely; and
15-15 (4) the needs and desires of the child.
15-16 (Sections 263.404-263.500 reserved for expansion
15-17 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
15-18 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
15-19 the department has been named as a child's managing conservator in
15-20 a final order that does not include termination of parental rights,
15-21 the court shall conduct a placement review hearing at least once
15-22 every six months until the child becomes an adult.
15-23 (b) If the department has been named as a child's managing
15-24 conservator in a final order that terminates a parent's parental
15-25 rights, the court shall conduct a placement review hearing at least
15-26 once every six months until the date the child is adopted or the
15-27 child becomes an adult.
16-1 (c) Notice of a placement review hearing shall be given as
16-2 provided by Rule 21a, Texas Rules of Civil Procedure, to each
16-3 person entitled to notice of the hearing.
16-4 (d) The following are entitled to not less than 10 days'
16-5 notice of a placement review hearing:
16-6 (1) the department;
16-7 (2) the foster parent or director of the group home or
16-8 institution in which the child is residing;
16-9 (3) each parent of the child;
16-10 (4) each possessory conservator or guardian of the
16-11 child;
16-12 (5) the child's attorney ad litem and volunteer
16-13 advocate, if the appointments were not dismissed in the final
16-14 order; and
16-15 (6) any other person or agency named by the court as
16-16 having an interest in the child's welfare.
16-17 (e) The court may dispense with the requirement that the
16-18 child attend a placement review hearing.
16-19 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
16-20 the 10th day before the date set for a placement review hearing,
16-21 the department or other authorized agency shall file a placement
16-22 review report with the court and provide a copy to each person
16-23 entitled to notice under Section 263.501(d).
16-24 (b) For good cause shown, the court may order a different
16-25 time for filing the placement review report or may order that a
16-26 report is not required for a specific hearing.
16-27 (c) The placement review report must:
17-1 (1) evaluate whether the child's current placement is
17-2 appropriate for meeting the child's needs;
17-3 (2) evaluate whether efforts have been made to ensure
17-4 placement of the child in the least restrictive environment
17-5 consistent with the best interest and special needs of the child if
17-6 the child is placed in institutional care;
17-7 (3) identify the services that are needed to assist a
17-8 child who is at least 16 years of age in making the transition from
17-9 substitute care to independent living if the services are available
17-10 in the community;
17-11 (4) identify other plans or services that are needed
17-12 to meet the child's special needs or circumstances; and
17-13 (5) describe the efforts of the department or
17-14 authorized agency to place the child for adoption if parental
17-15 rights to the child have been terminated and the child is eligible
17-16 for adoption.
17-17 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
17-18 placement review hearing, the court shall determine whether:
17-19 (1) the child's current placement is appropriate for
17-20 meeting the child's needs;
17-21 (2) efforts have been made to ensure placement of the
17-22 child in the least restrictive environment consistent with the best
17-23 interest and special needs of the child if the child is placed in
17-24 institutional care;
17-25 (3) the services that are needed to assist a child who
17-26 is at least 16 years of age in making the transition from
17-27 substitute care to independent living are available in the
18-1 community;
18-2 (4) other plans or services are needed to meet the
18-3 child's special needs or circumstances; and
18-4 (5) the department or authorized agency has exercised
18-5 due diligence in attempting to place the child for adoption if
18-6 parental rights to the child have been terminated and the child is
18-7 eligible for adoption.
18-8 SECTION 17. Section 264.009, Family Code, is amended to
18-9 read as follows:
18-10 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) In
18-11 [Except as provided by Subsection (b), in] any action under this
18-12 code [title], the department shall be represented in court by
18-13 [the]:
18-14 (1) the county [prosecuting] attorney [who represents
18-15 the state in criminal cases in the district or county court] of the
18-16 county where the action is brought, unless the district attorney or
18-17 criminal district attorney elects to provide representation; or
18-18 (2) if the case is one in which a conflict of interest
18-19 or special circumstances exist, an attorney employed by the
18-20 department or who has contracted with the department under
18-21 Subsection (c) to provide representation [attorney general].
18-22 (b) In a county with a population of 2,800,000 or more, in
18-23 an action under this code [title], the department shall be
18-24 represented in court by [the]:
18-25 (1) the attorney who represents the state in civil
18-26 cases in the district or county court of the county where the
18-27 action is brought; or
19-1 (2) if the case is one in which a conflict of interest
19-2 or special circumstances exists, an attorney employed by the
19-3 department or who has contracted with the department under
19-4 Subsection (c) to provide representation [attorney general].
19-5 (c) The department may contract with a county attorney, a
19-6 district attorney, a criminal district attorney, the attorney
19-7 general, or a private attorney to provide reimbursement from any
19-8 available state or federal funds of the costs of representing the
19-9 department in an action under this code.
19-10 SECTION 18. Subchapter B, Chapter 264, Family Code, is
19-11 amended by adding Sections 264.111 and 264.112 to read as follows:
19-12 Sec. 264.111. ADOPTION AND SUBSTITUTE INFORMATION. (a) The
19-13 department shall maintain in the department's central database
19-14 information concerning children placed in the department's custody,
19-15 including:
19-16 (1) for each formal adoption of a child in this state:
19-17 (A) the length of time between the date of the
19-18 permanency plan decision of adoption and the date of the actual
19-19 placement of the child with an adoptive family;
19-20 (B) the length of time between the date of the
19-21 placement of the child for adoption and the date a final order of
19-22 adoption was rendered;
19-23 (C) if the child returned to the department's
19-24 custody after the date a final order of adoption was rendered for
19-25 the child, the time between the date the final adoption order was
19-26 rendered and the date the child returned to the department's
19-27 custody; and
20-1 (D) for the adoptive family of a child under
20-2 Paragraph (C), whether the family used postadoption program
20-3 services before the date the child returned to the department's
20-4 custody; and
20-5 (2) for each placement of a child in substitute care:
20-6 (A) the level of care the child was determined
20-7 to require;
20-8 (B) whether the child was placed in an
20-9 appropriate setting based on the level of care determined for the
20-10 child;
20-11 (C) the number of moves for the child in
20-12 substitute care and the reasons for moving the child;
20-13 (D) the length of stay in substitute care for
20-14 the child from the date of initial placement to the date of
20-15 approval of a permanency plan for the child;
20-16 (E) the length of time between the date of
20-17 approval of a permanency plan for the child and the date of
20-18 achieving the plan;
20-19 (F) whether the child's permanency plan was
20-20 long-term substitute care;
20-21 (G) whether the child's achieved permanency plan
20-22 was placement with an appropriate relative or another person, other
20-23 than a foster parent, having standing; and
20-24 (H) whether the child was adopted by the child's
20-25 foster parents.
20-26 (b) In addition to the information required in Subsection
20-27 (a), the department shall compile information on:
21-1 (1) the number of families that used postadoption
21-2 program services to assist in maintaining adoptive placements;
21-3 (2) the number of children returned to the
21-4 department's custody after placement with an adoptive family but
21-5 before a final adoption order was rendered;
21-6 (3) the number of children returned to the
21-7 department's custody after the date a final order of adoption was
21-8 rendered for the child;
21-9 (4) the number of adoptive families who used
21-10 postadoption program services before the date a child placed with
21-11 the family returned to the department's custody;
21-12 (5) the percentage of children who were placed in an
21-13 appropriate setting based on the level of care determined for the
21-14 child;
21-15 (6) the percentage of children placed in a department
21-16 foster home;
21-17 (7) the percentage of children placed in a private
21-18 child-placing agency;
21-19 (8) the number of children whose permanency plan was
21-20 long-term substitute care;
21-21 (9) the number of children whose achieved permanency
21-22 plan was placement with an appropriate relative or another person,
21-23 other than a foster parent, having standing;
21-24 (10) the number of children adopted by the child's
21-25 foster parents; and
21-26 (11) the number of children whose achieved permanency
21-27 plan was removal of the disabilities of minority.
22-1 (c) The department shall make the information maintained
22-2 under this section, other than information that is required by law
22-3 to be confidential, available to the public by computer.
22-4 Sec. 264.112. REPORT ON CHILDREN IN SUBSTITUTE CARE.
22-5 (a) The department shall report the status for children in
22-6 substitute care to the Board of Protective and Regulatory Services
22-7 at least once every 12 months.
22-8 (b) The report shall analyze the length of time each child
22-9 has been in substitute care and the barriers to placing the child
22-10 for adoption or returning the child to the child's parent or
22-11 parents.
22-12 SECTION 19. Subchapter C, Chapter 264, Family Code, is
22-13 amended by adding Sections 264.206 and 264.207 to read as follows:
22-14 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. (a) The
22-15 department shall begin its efforts to locate qualified persons to
22-16 adopt a child, including persons registered with the adoptive
22-17 parent registry under Subchapter B, at the time the department's
22-18 permanency plan for the child becomes the termination of the
22-19 parent-child relationship and adoption of the child.
22-20 (b) The department shall report to the court in which the
22-21 department petitions for termination of the parent-child
22-22 relationship on the child's adoptability and the department's
22-23 search for prospective adoptive parents for the child, including
22-24 information relating to the department's efforts to work with
22-25 licensed child-placing agencies.
22-26 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
22-27 (a) The department shall adopt policies that provide for the
23-1 improvement of the department's services for children and families,
23-2 including policies that provide for conducting a home study within
23-3 four months after the date an applicant is approved for an adoption
23-4 and documenting the results of the home study within 30 days after
23-5 the date the study is completed. The policies adopted under this
23-6 section must:
23-7 (1) be designed to increase the accountability of the
23-8 department to individuals who receive services and to the public;
23-9 and
23-10 (2) assure consistency of services provided by the
23-11 department in the different regions of the state.
23-12 (b) To accomplish the goals stated in Subsection (a), the
23-13 department shall:
23-14 (1) establish time frames for the initial screening of
23-15 families seeking to adopt children;
23-16 (2) provide for the evaluation of the effectiveness of
23-17 the department's management-level employees in expeditiously making
23-18 permanent placements for children;
23-19 (3) establish, as feasible, comprehensive assessment
23-20 services in various locations in the state to determine the needs
23-21 of children and families served by the department;
23-22 (4) emphasize and centralize the monitoring and
23-23 promoting of the permanent placement of children receiving
23-24 department services;
23-25 (5) establish goals and performance measures in the
23-26 permanent placement of children;
23-27 (6) seek private licensed child-placing agencies to
24-1 place a child in the department's managing conservatorship who has
24-2 been available for permanent placement for more than 90 days;
24-3 (7) provide information to private licensed
24-4 child-placing agencies concerning children under Subdivision (6);
24-5 (8) provide incentives for a private licensed
24-6 child-placing agency that places a child, as defined by Section
24-7 162.301, under Subdivision (6);
24-8 (9) encourage foster parents to be approved by the
24-9 department as both foster parents and adoptive parents;
24-10 (10) address failures by the department's service
24-11 regions in making permanent placements for children in a reasonable
24-12 time; and
24-13 (11) require the department's service regions to
24-14 participate in the Texas Adoption Resources Exchange.
24-15 SECTION 20. Subsection (a), Section 264.603, Family Code, is
24-16 amended to read as follows:
24-17 (a) The attorney general shall contract with one statewide
24-18 organization of individuals or groups of individuals who have
24-19 expertise in the dynamics of child abuse and neglect and experience
24-20 in operating volunteer advocate programs to provide training,
24-21 technical assistance, and evaluation services for the benefit of
24-22 local volunteer advocate programs. The contract shall require
24-23 measurable goals and objectives for expanding local volunteer child
24-24 advocate programs to areas of the state in which those programs do
24-25 not exist.
24-26 SECTION 21. Subchapter C, Chapter 72, Government Code, is
24-27 amended by adding Section 72.028 to read as follows:
25-1 Sec. 72.028. REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY
25-2 LAW CASES. (a) Not later than December 1 of each year, the office
25-3 shall prepare and submit a report on judicial efficiency in cases
25-4 brought by the Department of Protective and Regulatory Services
25-5 under Title 5, Family Code, to the governor, the lieutenant
25-6 governor, the speaker of the house of representatives, and the
25-7 chief justice of the supreme court.
25-8 (b) The report must cover a one-year period beginning
25-9 September 1 of the preceding year and must include the following
25-10 information about cases brought by the Department of Protective and
25-11 Regulatory Services under Title 5, Family Code:
25-12 (1) recommended docket management procedures and
25-13 reporting requirements for the cases;
25-14 (2) an assessment of the need for mandated judicial
25-15 review of the cases at three-month intervals after the termination
25-16 of parental rights to monitor the adoption process;
25-17 (3) the extent to which continuances are granted in
25-18 the cases;
25-19 (4) the promptness of hearings in the cases;
25-20 (5) a list of courts that give priority to the cases;
25-21 and
25-22 (6) a list of all judges and associate judges in this
25-23 state who preside over the cases.
25-24 (c) The Department of Protective and Regulatory Services
25-25 shall provide all necessary information in the department's
25-26 possession that is required by the office in the preparation of the
25-27 report.
26-1 SECTION 22. Except as provided by Section 24 of this Act,
26-2 this Act takes effect September 1, 1997.
26-3 SECTION 23. The Office of Court Administration of the Texas
26-4 Judicial System shall submit the first report under Section 72.028,
26-5 Government Code, as added by Section 21 of this Act, not later than
26-6 December 1, 1999.
26-7 SECTION 24. (a) The change in law made by Sections 2-16 of
26-8 this Act takes effect January 1, 1998.
26-9 (b) Except as provided by Subsection (c) of this section,
26-10 Sections 2-16 of this Act apply to a pending suit affecting the
26-11 parent-child relationship regardless of whether the suit was
26-12 commenced before, on, or after the effective date of this Act.
26-13 (c) If the Department of Protective and Regulatory Services
26-14 has been appointed temporary managing conservator of a child before
26-15 the effective date of this Act, the court shall establish a date
26-16 for dismissal of the suit not later than the second anniversary of
26-17 the date of the next hearing conducted under Chapter 263, Family
26-18 Code, unless the court has rendered a final order before the
26-19 dismissal date.
26-20 SECTION 25. The importance of this legislation and the
26-21 crowded condition of the calendars in both houses create an
26-22 emergency and an imperative public necessity that the
26-23 constitutional rule requiring bills to be read on three several
26-24 days in each house be suspended, and this rule is hereby suspended.