By:  Zaffirini                                 S.B. No. 34

         97S0623/2                           

                                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.  Section 107.006, Family Code, is amended to read

 1-5     as follows:

 1-6           Sec. 107.006.  GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;

 1-7     QUALIFICATIONS.  (a)  The local administrative district judge in

 1-8     each county in a Department of Protective and Regulatory Services

 1-9     region for child protective services that contains a county having

1-10     a population of 2.8 million or more shall establish a pool from

1-11     which guardians ad litem and attorneys ad litem are appointed for

1-12     proceedings in the district courts of the county.  A local

1-13     administrative district judge in any other county may establish a

1-14     pool from which guardians ad litem and attorneys ad litem are

1-15     appointed for proceedings in the district courts of that county.

1-16     To be eligible for a pool established under this subsection, a

1-17     person must meet the requirements of Subsection (b).

1-18           (b)  Before a person may be appointed as a guardian ad litem

1-19     or attorney ad litem, the person must:

1-20                 (1)  complete training approved [provided] by the State

1-21     Bar of Texas in family law, the representation of children, and the

1-22     responsibilities of ad litems;

1-23                 (2)  complete as part of the person's annual continuing

 2-1     legal education requirement not fewer than three hours in family

 2-2     law issues related to the representation of children; and

 2-3                 (3)  meet other requirements established by the local

 2-4     administrative district judge.

 2-5           (c) [(b)]  Before appointment as a guardian ad litem or an

 2-6     attorney ad litem, the person must have read, acknowledged by

 2-7     signing, and filed with the local administrative judge a written

 2-8     statement prepared by the local administrative district judge that

 2-9     lists the responsibilities of an ad litem, some or all of which may

2-10     be appropriate to the person's specific case.  The court shall

2-11     retain a copy of the acknowledgment for two years.  To continue to

2-12     receive appointments under this section, the person must execute a

2-13     new statement at least every two years.

2-14           (d) [(c)]  A party to a proceeding in which a person is

2-15     appointed as a guardian ad litem or an attorney ad litem may object

2-16     to appointment of the person at any time before the date of the

2-17     trial of the proceeding by filing a written motion.  A party may

2-18     object under this subsection on the grounds that the party believes

2-19     that the person appointed lacks objectivity or is failing to

2-20     fulfill the person's responsibilities as an ad litem as outlined in

2-21     the written statement of ad litem responsibilities.  The court

2-22     shall promptly rule on an objection raised under this subsection

2-23     and shall order the removal of the guardian ad litem or attorney ad

2-24     litem if the court finds that the objection is justifiable

2-25     [reasonable].

 3-1           (e) [(d)]  A person appointed as a guardian ad litem or

 3-2     attorney ad litem shall complete and submit to the court a voucher

 3-3     or claim for payment that includes the fees charged and hours

 3-4     worked by the ad litem.  Information submitted under this section

 3-5     is subject to disclosure under Chapter 552, Government Code.

 3-6           (f) [(e)]  The Bureau of Vital Statistics may compile

 3-7     information submitted under Subsection (e) [(d)] for a county that

 3-8     maintains that information on an electronic database.  On the

 3-9     request of the bureau, the county shall provide the information.

3-10     Information compiled by the bureau under this section shall be made

3-11     available to the Department of Protective and Regulatory Services.

3-12           SECTION 2.  Section 151.002, Family Code, is amended by

3-13     adding Subsection (c) to read as follows:

3-14           (c)  If a man fails to claim paternity before the 30th day

3-15     after the date of the birth of the child, he may not assert any

3-16     interest in the child with respect to the adoption of the child,

3-17     the termination of paternal rights, or the establishment of

3-18     paternity after the filing of a suit for termination of the man's

3-19     parental rights or for the adoption of the child unless the person

3-20     proves by clear and convincing evidence that:

3-21                 (1)  it was not possible to file a notice of intent to

3-22     claim paternity within the prescribed time; and

3-23                 (2)  a notice of intent to claim paternity was filed

3-24     before the 30th day after the date it became possible to file the

3-25     notice.

 4-1           SECTION 3.  Subsection (a), Section 151.003, Family Code, is

 4-2     amended to read as follows:

 4-3           (a)  A parent of a child has the following rights and duties:

 4-4                 (1)  the right to have physical possession, to direct

 4-5     the moral and religious training, and to establish the residence of

 4-6     the child;

 4-7                 (2)  the duty of care, control, protection, and

 4-8     reasonable discipline of the child;

 4-9                 (3)  the duty to support the child, including providing

4-10     the child with clothing, food, shelter, medical and dental care,

4-11     and education;

4-12                 (4)  the duty, except when a guardian of the child's

4-13     estate has been appointed, to manage the estate of the child,

4-14     including the right as an agent of the child to act in relation to

4-15     the child's estate if the child's action is required by a state,

4-16     the United States, or a foreign government;

4-17                 (5)  the duty to acknowledge parentage in accordance

4-18     with Section 151.002 or 160.201;

4-19                 (6)  the right to the services and earnings of the

4-20     child;

4-21                 (7) [(6)]  the right to consent to the child's

4-22     marriage, enlistment in the armed forces of the United States,

4-23     medical and dental care, and psychiatric, psychological, and

4-24     surgical treatment;

4-25                 (8) [(7)]  the right to represent the child in legal

 5-1     action and to make other decisions of substantial legal

 5-2     significance concerning the child;

 5-3                 (9) [(8)]  the right to receive and give receipt for

 5-4     payments for the support of the child and to hold or disburse funds

 5-5     for the benefit of the child;

 5-6                 (10) [(9)]  the right to inherit from and through the

 5-7     child;

 5-8                 (11) [(10)]  the right to make decisions concerning the

 5-9     child's education; and

5-10                 (12) [(11)]  any other right or duty existing between a

5-11     parent and child by virtue of law.

5-12           SECTION 4.  Section 161.001, Family Code, is amended to read

5-13     as follows:

5-14           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

5-15     RELATIONSHIP.  The court may order termination of the parent-child

5-16     relationship if the court finds by clear and convincing evidence:

5-17                 (1)  that the parent has:

5-18                       (A)  voluntarily left the child alone or in the

5-19     possession of another not the parent and expressed an intent not to

5-20     return;

5-21                       (B)  voluntarily left the child alone or in the

5-22     possession of another not the parent without expressing an intent

5-23     to return, without providing for the adequate support of the child,

5-24     and remained away for a period of at least three months;

5-25                       (C)  voluntarily left the child alone or in the

 6-1     possession of another without providing adequate support of the

 6-2     child and remained away for a period of at least six months;

 6-3                       (D)  knowingly placed or knowingly allowed the

 6-4     child to remain in conditions or surroundings which endanger the

 6-5     physical or emotional well-being of the child;

 6-6                       (E)  engaged in conduct or knowingly placed the

 6-7     child with persons who engaged in conduct which endangers the

 6-8     physical or emotional well-being of the child;

 6-9                       (F)  failed to support the child in accordance

6-10     with his ability during a period of one year ending within six

6-11     months of the date of the filing of the petition;

6-12                       (G)  abandoned the child without identifying the

6-13     child or furnishing means of identification, and the child's

6-14     identity cannot be ascertained by the exercise of reasonable

6-15     diligence;

6-16                       (H)  voluntarily, and with knowledge of the

6-17     pregnancy, abandoned the mother of the child beginning at a time

6-18     during her pregnancy with the child and continuing through the

6-19     birth, failed to provide adequate support or medical care for the

6-20     mother during the period of abandonment before the birth of the

6-21     child, and remained apart from the child or failed to support the

6-22     child since the birth;

6-23                       (I)  contumaciously refused to submit to a

6-24     reasonable and lawful order of a court under Chapter 264;

6-25                       (J)  been the major cause of:

 7-1                             (i)  the failure of the child to be

 7-2     enrolled in school as required by the Education Code; or

 7-3                             (ii)  the child's absence from the child's

 7-4     home without the consent of the parents or guardian for a

 7-5     substantial length of time or without the intent to return;

 7-6                       (K)  executed before or after the suit is filed

 7-7     an unrevoked or irrevocable affidavit of relinquishment of parental

 7-8     rights as provided by this chapter;

 7-9                       (L)  been adjudicated to be criminally

7-10     responsible for the death or serious injury of a child;

7-11                       (M)  had his or her parent-child relationship

7-12     terminated with respect to another child based on a finding that

7-13     the parent's conduct was in violation of Paragraph (D) or (E) or

7-14     substantially equivalent provisions of the law of another state;

7-15     [or]

7-16                       (N)  constructively abandoned the child who has

7-17     been in the permanent or temporary managing conservatorship of the

7-18     Department of Protective and Regulatory Services or an authorized

7-19     agency [for not less than one year], and:

7-20                             (i)  the department or authorized agency

7-21     has made reasonable efforts to return the child to the parent; and

7-22                             (ii)  the parent has not regularly visited

7-23     and [or] maintained significant contact with the child or[; and]

7-24                             [(iii)  the parent has] demonstrated an

7-25     ability [inability] to provide the child with a safe environment;

 8-1                       (O)  been adjudicated to be criminally

 8-2     responsible for:

 8-3                             (i)  aggravated sexual assault of a child;

 8-4                             (ii)  sexual assault of a child;

 8-5                             (iii)  indecency with a child;

 8-6                             (iv)  sexual performance by a child; or

 8-7                             (v)  employment harmful to children; or

 8-8                       (P)  failed to comply with the provisions of a

 8-9     court order that specifically established the actions necessary for

8-10     the parent to obtain the return of the child who has been in the

8-11     permanent or temporary managing conservatorship of the Department

8-12     of Protective and Regulatory Services as a result of the child's

8-13     removal from the parent under Chapter 262 for the abuse or neglect

8-14     of the child; and

8-15                 (2)  that termination is in the best interest of the

8-16     child.

8-17           SECTION 5.  Section 161.002, Family Code, is amended by

8-18     adding Subsections (c), (d), and (e) to read as follows:

8-19           (c)  Ignorance of a pregnancy is not sufficient reason for

8-20     failing to timely file an admission of paternity or a counterclaim

8-21     for paternity under Chapter 160 prior to the final hearing in the

8-22     suit.

8-23           (d)  Misrepresentation by the mother or another person

8-24     concerning the facts of the pregnancy, including the identity of

8-25     the father, is not sufficient reason for failing to timely file an

 9-1     admission of paternity or a counterclaim for paternity under

 9-2     Chapter 160 prior to the final hearing in the suit.

 9-3           (e)  A man who has sexual intercourse with a woman is deemed

 9-4     to have knowledge that sexual intercourse can result in the woman's

 9-5     pregnancy and shall file a notice of intent to claim paternity as

 9-6     provided by Chapter 160 to assert his right to establish paternity

 9-7     of a child that may result from the sexual intercourse.

 9-8           SECTION 6.  Subchapter A, Chapter 262, Family Code, is

 9-9     amended by adding Section 262.008 to read as follows:

9-10           Sec. 262.008.  ABANDONED CHILDREN.  (a)  An authorized

9-11     representative of the Department of Protective and Regulatory

9-12     Services may assume the care, control, and custody of a child:

9-13                 (1)  who is abandoned without identification or a means

9-14     for identifying the child; and

9-15                 (2)  whose identity cannot be ascertained by the

9-16     exercise of reasonable diligence.

9-17           (b)  The department shall immediately file a suit to

9-18     terminate the parent-child relationship of a child under Subsection

9-19     (a).

9-20           (c)  A child for whom possession is assumed under this

9-21     section need not be delivered to the court except on the order of

9-22     the court.

9-23           SECTION 7.  Subchapter A, Chapter 263, Family Code, is

9-24     amended by adding Sections 263.006 and 263.007 to read as follows:

9-25           Sec. 263.006.  ABANDONED CHILD.  (a)  On obtaining possession

 10-1    of a child who is abandoned without identification and whose

 10-2    identity cannot be ascertained by the exercise of reasonable

 10-3    diligence, the department shall file, as soon as possible, a suit

 10-4    to terminate the parent-child relationship.  The department may

 10-5    seek termination of the parent-child relationship without filing a

 10-6    service plan under Subchapter B or conducting a status hearing

 10-7    under Subchapter C or a permanency hearing under Subchapter D.

 10-8          (b)  The court shall order termination of the parent-child

 10-9    relationship on a showing by the department by clear and convincing

10-10    evidence that:

10-11                (1)  grounds for termination under Section

10-12    161.001(1)(G) exist; and

10-13                (2)  termination is in the best interest of the child.

10-14          Sec. 263.007.  ABUSE, DRUG OR ALCOHOL ABUSE, AND FAILURE TO

10-15    MEET PAST SERVICE PLANS.  (a)  After conducting an investigation

10-16    under Chapter 261, the department may seek termination of the

10-17    parent-child relationship without filing a service plan under

10-18    Subchapter B or conducting a status hearing under Subchapter C or a

10-19    permanency hearing under Subchapter D if the parent of the child:

10-20                (1)  suffers from drug or alcohol abuse;

10-21                (2)  has abused the child or another child in the

10-22    parent's custody;

10-23                (3)  has failed to meet past service plan goals; or

10-24                (4)  has failed to protect the child or another child

10-25    in the parent's custody from abuse.

 11-1          (b)  The court shall order termination of the parent-child

 11-2    relationship on a showing by the department by clear and convincing

 11-3    evidence of a ground for termination under Section 161.001(1) and

 11-4    that termination is in the best interest of the child.

 11-5          (c)  In this section "abuse" has the meaning assigned by

 11-6    Section 261.001(1).

 11-7          SECTION 8.  Section 263.201, Family Code, is amended to read

 11-8    as follows:

 11-9          Sec. 263.201.  STATUS HEARING; TIME.  Not later than the 60th

11-10    day after the date the court renders a temporary order appointing

11-11    the department as temporary managing conservator of a child [of a

11-12    full adversary hearing under Chapter 262], the court shall hold a

11-13    status hearing to review the child's status and the permanency plan

11-14    developed for the child.

11-15          SECTION 9.  The heading to Subchapter D, Chapter 263, Family

11-16    Code, is amended to read as follows:

11-17                SUBCHAPTER D.  PERMANENCY [REVIEW] HEARINGS

11-18          SECTION 10.  Subsections (a) and (b), Section 263.301, Family

11-19    Code, are amended to read as follows:

11-20          (a)  Notice of a permanency [review] hearing shall be given

11-21    as provided by Rule 21a, Texas Rules of Civil Procedure, to all

11-22    persons entitled to notice of the hearing.

11-23          (b)  The following persons are entitled to at least 10 days'

11-24    notice of a permanency hearing [to review a child's placement] and

11-25    are entitled to present evidence and be heard at the hearing:

 12-1                (1)  the department;

 12-2                (2)  the foster parent or director of the group home or

 12-3    institution where the child is residing;

 12-4                (3)  each parent of the child;

 12-5                (4)  the managing conservator or guardian of the child;

 12-6    [and]

 12-7                (5)  an attorney ad litem appointed for the child under

 12-8    Chapter 107;

 12-9                (6)  a volunteer advocate appointed for the child under

12-10    Chapter 107; and

12-11                (7)  any other person or agency named by the court to

12-12    have an interest in the child's welfare.

12-13          SECTION 11.  Subchapter D, Chapter 263, Family Code, is

12-14    amended by amending Section 263.302 and adding Section 263.3025 to

12-15    read as follows:

12-16          Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING.  The [court may

12-17    dispense with the attendance of the] child shall attend each

12-18    permanency hearing unless the court specifically excuses the

12-19    child's attendance.  Failure by the child to attend a hearing does

12-20    not affect the validity of an order rendered at the [at a placement

12-21    review] hearing.

12-22          Sec. 263.3025.  PERMANENCY PLAN.  (a)  The department shall

12-23    prepare a permanency plan for a child for whom the department has

12-24    been appointed temporary managing conservator.  The department

12-25    shall give a copy of the plan to each person entitled to notice

 13-1    under Section 263.301(b) not later than the 10th day before the

 13-2    date of the child's first permanency hearing.

 13-3          (b)  In addition to the requirements of the department rules

 13-4    governing permanency planning, the permanency plan must contain the

 13-5    information required to be included in a permanency progress report

 13-6    under Section 263.303.

 13-7          (c)  The department shall modify the permanency plan for a

 13-8    child as required by the circumstances and needs of the child.

 13-9          SECTION 12.  Subchapter D, Chapter 263, Family Code, is

13-10    amended by amending Sections 263.303, 263.304, and 263.305 and

13-11    adding Section 263.3055 to read as follows:

13-12          Sec. 263.303.  PERMANENCY PROGRESS [STATUS] REPORT.  (a)  Not

13-13    later than the 10th day before the date set for each permanency

13-14    hearing other than the first permanency [review] hearing, the

13-15    department or other authorized agency shall file with the court and

13-16    provide to each party, the child's attorney ad litem, and the

13-17    child's volunteer advocate a permanency progress [status] report

13-18    unless the court orders a different period for providing the report

13-19    [or orders that a report is not required for a specific hearing].

13-20          (b)  The permanency progress [status] report must:

13-21                (1)  recommend that the suit be dismissed; or

13-22                (2)  recommend that the suit continue and:

13-23                      (A)  identify the date for dismissal of the suit

13-24    under Section 263.3055;

13-25                      (B)  provide:

 14-1                            (i)  the name of any person entitled to

 14-2    notice under Chapter 102 who has not been served;

 14-3                            (ii)  a description of the efforts by the

 14-4    department or another agency to locate and request service of

 14-5    citation; and

 14-6                            (iii)  a description of each parent's

 14-7    assistance in providing information necessary to locate an unserved

 14-8    party;

 14-9                      (C)  evaluate [all relevant information

14-10    concerning each of the guidelines under this chapter and] the

14-11    parties' compliance with temporary orders and with the service

14-12    plan;

14-13                      (D)  evaluate whether the child's placement in

14-14    substitute care meets the child's needs and recommend other plans

14-15    or services to meet the child's special needs or circumstances;

14-16                      (E)  describe the permanency plan for the child

14-17    and recommend actions necessary to ensure that a final order

14-18    consistent with that permanency plan is rendered before the date

14-19    for dismissal of the suit under Section 263.3055; and

14-20                      (F) [(2)  recommend one of the following actions:]

14-21                      [(A)  that the child be returned to the child's

14-22    home and that the suit be dismissed;]

14-23                      [(B)  that the child be returned to the child's

14-24    home with the department or other agency retaining conservatorship;]

14-25                      [(C)  that the child remain in substitute care

 15-1    for a specified period and that the child's parents continue to

 15-2    work toward providing the child with a safe environment;]

 15-3                      [(D)  that the child remain in substitute care

 15-4    for a specified period and that termination of parental rights be

 15-5    sought under this code;]

 15-6                      [(E)  that a child who has resided in substitute

 15-7    care for at least 18 months be placed or remain in permanent or

 15-8    long-term substitute care because of the child's special needs or

 15-9    circumstances; or]

15-10                      [(F)  that other plans be made or other services

15-11    provided in accordance with the child's special needs or

15-12    circumstances; and]

15-13                [(3)]  with respect to a child 16 years of age or

15-14    older, identify the services needed to assist the child in the

15-15    transition to adult life.

15-16          (c)  A parent whose parental rights are the subject of a suit

15-17    affecting the parent-child relationship, the attorney for that

15-18    parent, or the child's attorney ad litem or guardian ad litem may

15-19    file a response to the department's or other agency's report filed

15-20    under Subsection (b).  A response must be filed not later than the

15-21    third day before the date of the hearing.

15-22          (d)  The permanency progress report for the first permanency

15-23    hearing conducted on or after the first anniversary of the date the

15-24    child was placed in the conservatorship of the department shall

15-25    recommend:

 16-1                (1)  that the child be returned to the child's parents

 16-2    and that the suit be dismissed; or

 16-3                (2)  that the parents' parental rights to the child be

 16-4    terminated and that the department remain the conservator of the

 16-5    child.

 16-6          Sec. 263.304.  INITIAL PERMANENCY [REVIEW] HEARING; TIME.

 16-7    Not later than the 180th day after the date the court renders a

 16-8    temporary order appointing the department as temporary managing

 16-9    conservator of a child [of the conclusion of the full adversary

16-10    hearing under Chapter 262], the court shall hold a permanency

16-11    hearing to review the status of, and permanency plan for, the [a]

16-12    child to ensure that a final order consistent with that permanency

16-13    plan is rendered before the date for dismissal of the suit under

16-14    Section 263.3055 [in substitute care in the court's jurisdiction,

16-15    including the time for the completion of the plan and the projected

16-16    date for the achievement of the child's permanency plan].

16-17          Sec. 263.305.  SUBSEQUENT PERMANENCY [REVIEW] HEARINGS.  A

16-18    subsequent permanency hearing [Subsequent review hearings] shall be

16-19    held [not earlier than 5 1/2 months and] not later than the 120th

16-20    day [seven months] after the date of  the last permanency hearing

16-21    in the suit.  For [unless, for] good cause shown or on the court's

16-22    own motion [by a party], the court may order more frequent hearings

16-23    [an earlier hearing is approved by the court].

16-24          Sec. 263.3055.  COURT ORDER FOLLOWING ONE YEAR OF

16-25    CONSERVATORSHIP WITH DEPARTMENT.  At the first permanency hearing

 17-1    conducted on or after the first anniversary of the date the child

 17-2    was placed in the conservatorship of the department, the court

 17-3    shall order:

 17-4                (1)  that the child be returned to the child's parents

 17-5    and that the suit be dismissed; or

 17-6                (2)  that the parents' parental rights to the child be

 17-7    terminated and that the department remain the conservator of the

 17-8    child.

 17-9          SECTION 13.  Section 263.306, Family Code, is amended to read

17-10    as follows:

17-11          Sec. 263.306.  PERMANENCY [REVIEW] HEARINGS:  PROCEDURE.  At

17-12    each permanency [review] hearing the court shall [determine]:

17-13                (1)  identify [the identity of] all persons or parties

17-14    present at the hearing or those given notice but failing to appear;

17-15                (2)  review the efforts of the department or another

17-16    agency in:

17-17                      (A)  attempting to locate all necessary persons;

17-18                      (B)  requesting service of citation; and

17-19                      (C)  obtaining the assistance of a parent in

17-20    providing information necessary to locate an absent parent;

17-21                (3)  return the child to the parent or parents if

17-22    [whether] the child's parent or parents are willing and able to

17-23    provide the child with a safe environment and the return of the

17-24    child is in the child's best interest;

17-25                (4)  return the child to a person or entity, other than

 18-1    a parent, entitled to service under Chapter 102 if the person or

 18-2    entity is willing and able to provide the child with a safe

 18-3    environment and the return of the child is in the child's best

 18-4    interest;

 18-5                (5)  evaluate the department's efforts to identify

 18-6    relatives who could provide the child with a safe environment if

 18-7    the child is not returned to a parent or another person or entity

 18-8    entitled to service under Chapter 102;

 18-9                (6)  evaluate the parties' compliance with temporary

18-10    orders and [(3)  the extent to which the child's parents have taken

18-11    the necessary actions or responsibilities toward achieving the plan

18-12    goal during the period of the service plan and the extent to which

18-13    the department or other authorized agency has provided assistance

18-14    to the parents as provided in] the service plan;

18-15                (7)  determine [(4)] whether:

18-16                      (A)  the child continues to need substitute care;

18-17                      (B)  [and whether] the child's current placement

18-18    is appropriate for meeting the child's needs; and

18-19                      (C)  other plans or services are needed to meet

18-20    the child's special needs or circumstances;

18-21                (8)  if the child is placed in institutional care,

18-22    determine whether efforts have been made to ensure placement of the

18-23    child in the least restrictive environment consistent with the best

18-24    interest and special needs of the child;

18-25                (9)  if the child is 16 years of age or older, order

 19-1    services that are needed to assist the child in making the

 19-2    transition from substitute care to independent living if the

 19-3    services are available in the community;

 19-4                (10)  determine plans, services, and further temporary

 19-5    orders necessary to ensure that a final order is rendered before

 19-6    the date for dismissal of the suit under Section 263.3055; and

 19-7                (11)  determine the date for dismissal of the suit

 19-8    under Section 263.3055 and give notice in open court to all parties

 19-9    of:

19-10                      (A)  the dismissal date;

19-11                      (B)  the date of the next permanency hearing; and

19-12                      (C)  the date the suit is set for trial  [(5)  a

19-13    date for achieving the child's permanency plan;]

19-14                [(6)  if the child has been in substitute care for not

19-15    less than 18 months, the future status of the child and the

19-16    appropriateness of the date by which the child may return home and

19-17    whether to render further appropriate orders;]

19-18                [(7)  if the child is in substitute care outside the

19-19    state, whether the out-of-state placement continues to be

19-20    appropriate and in the best interest of the child;]

19-21                [(8)  whether the child's parents are willing and able

19-22    to provide the child with a safe environment without the assistance

19-23    of a service plan and, if so, return the child to the parents;]

19-24                [(9)  whether the child's parents are willing and able

19-25    to provide the child with a safe environment with the assistance of

 20-1    a service plan and, if so, return the child or continue the

 20-2    placement of the child in the child's home under the department's

 20-3    or other agency's supervision;]

 20-4                [(10)  whether the child's parents are presently

 20-5    unwilling or unable to provide the child with a safe environment,

 20-6    even with the assistance of a service plan, and, if so, order the

 20-7    child to remain under the department's or other agency's managing

 20-8    conservatorship for a period of time specified by the court;]

 20-9                [(11)  whether a long-term substitute care placement is

20-10    in the child's best interest because of the child's special needs

20-11    or circumstances and, if so, begin a long-term substitute care

20-12    placement and if the child is placed in institutional care, whether

20-13    efforts have been made to ensure placement of the child in the

20-14    least restrictive environment consistent with the best interest and

20-15    special needs of the child;]

20-16                [(12)  whether a child is 16 years of age or older and,

20-17    if so, order the services that are needed to assist the child in

20-18    making the transition from substitute care to independent living if

20-19    the services are available in the community;]

20-20                [(13)  whether the child has been placed with the

20-21    department under a voluntary placement agreement and, if so, order

20-22    that the department will institute further proceedings or return

20-23    the child to the parents;]

20-24                [(14)  whether the department or authorized agency has

20-25    custody, care, and control of the child under an affidavit of

 21-1    relinquishment of parental rights naming the department managing

 21-2    conservator and, if so, direct the department or authorized agency

 21-3    to institute further proceedings; and]

 21-4                [(15)  whether parental rights to the child have been

 21-5    terminated and, if so, determine whether the department or

 21-6    authorized agency will attempt to place the child for adoption].

 21-7          SECTION 14.  Subchapter B, Chapter 264, Family Code, is

 21-8    amended by adding Sections 264.110 and 264.111 to read as follows:

 21-9          Sec. 264.110.  ADOPTION AND FOSTER CARE INFORMATION.

21-10    (a)  The department shall maintain in the department's central

21-11    database information concerning children placed in the department's

21-12    custody, including:

21-13                (1)  for each formal adoption of a child in this state:

21-14                      (A)  the length of time between the date of the

21-15    permanency plan decision of adoption and the date of the actual

21-16    placement of the child with an adoptive family;

21-17                      (B)  the length of time between the date of the

21-18    placement of the child for adoption and the date a final order of

21-19    adoption was rendered;

21-20                      (C)  if the child returned to the department's

21-21    custody after the date a final order of adoption was rendered for

21-22    the child, the time between the date the final adoption order was

21-23    rendered and the date the child returned to the department's

21-24    custody; and

21-25                      (D)  for the adoptive family of a child under

 22-1    Paragraph (C), whether the family used post-adoption program

 22-2    services before the date the child returned to the department's

 22-3    custody; and

 22-4                (2)  for each placement of a child in foster care:

 22-5                      (A)  the level of care the child was determined

 22-6    to require;

 22-7                      (B)  whether the child was placed in an

 22-8    appropriate setting based on the level of care determined for the

 22-9    child;

22-10                      (C)  the number of moves for the child in foster

22-11    care and the reasons for moving the child;

22-12                      (D)  the length of stay in foster care for the

22-13    child from the date of initial placement to the date of approval of

22-14    a permanency plan for the child;

22-15                      (E)  the length of time between the date of

22-16    approval of a permanency plan for the child and the date of

22-17    achieving the plan;

22-18                      (F)  whether the child's permanency plan was

22-19    long-term foster care;

22-20                      (G)  whether the child's achieved permanency plan

22-21    was placement with an appropriate relative or another person, other

22-22    than a foster parent, having standing; and

22-23                      (H)  whether the child was adopted by the child's

22-24    foster parents.

22-25          (b)  In addition to the information required in Subsection

 23-1    (a), the department shall compile information on:

 23-2                (1)  the number of families that used post-adoption

 23-3    program services to assist in maintaining adoptive placements;

 23-4                (2)  the number of children returned to the

 23-5    department's custody after placement with an adoptive family but

 23-6    before a final adoption order was rendered;

 23-7                (3)  the number of children returned to the

 23-8    department's custody after the date a final order of adoption was

 23-9    rendered for the child;

23-10                (4)  the number of adoptive families who used

23-11    post-adoption program services before the date a child placed with

23-12    the family returned to the department's custody;

23-13                (5)  the percentage of children who were placed in an

23-14    appropriate setting based on the level of care determined for the

23-15    child;

23-16                (6)  the percentage of children placed in a department

23-17    foster home;

23-18                (7)  the percentage of children placed in a private

23-19    child-placing agency;

23-20                (8)  the number of children whose permanency plan was

23-21    long-term foster care;

23-22                (9)  the number of children whose achieved permanency

23-23    plan was placement with an appropriate relative or another person,

23-24    other than a foster parent, having standing;

23-25                (10)  the number of children adopted by the child's

 24-1    foster parents; and

 24-2                (11)  the number of children whose achieved permanency

 24-3    plan was removal of the disabilities of minority.

 24-4          (c)  The department shall make the information maintained

 24-5    under this section, other than information that is required by law

 24-6    to be confidential, available to the public by computer.

 24-7          Sec. 264.111.  STATUS REVIEW OF CHILDREN IN FOSTER CARE.

 24-8    (a)  The department shall review the status of each child in foster

 24-9    care at least once every 12 months.  The status review shall

24-10    analyze the length of time the child has been in foster care and

24-11    the barriers to placing the child for adoption or returning the

24-12    child to the child's parents.

24-13          (b)  The department shall report the results of the status

24-14    review for each child in foster care to the Board of Protective and

24-15    Regulatory Services.

24-16          SECTION 15.  Subchapter C, Chapter 264, Family Code, is

24-17    amended by adding Sections 264.206 and 264.207 to read as follows:

24-18          Sec. 264.206.  SEARCH FOR ADOPTIVE PARENTS.  The department

24-19    shall begin its efforts to locate qualified persons to adopt a

24-20    child, including persons registered with the adoptive parent

24-21    registry under Subchapter B, at the time the department decides to

24-22    petition for the termination of the parent-child relationship with

24-23    regard to the child.

24-24          Sec. 264.207.  DEPARTMENT PLANNING AND ACCOUNTABILITY.

24-25    (a)  The department shall adopt policies that provide for the

 25-1    improvement of the department's services for children and families,

 25-2    including policies that provide for conducting a home study within

 25-3    four months after the date an applicant is approved for an adoption

 25-4    and documenting the results of the home study within 30 days after

 25-5    the date the study is completed.  The policies adopted under this

 25-6    section must:

 25-7                (1)  be designed to increase the accountability of the

 25-8    department to individuals who receive services and to the public;

 25-9    and

25-10                (2)  assure consistency of services provided by the

25-11    department in the different regions of the state.

25-12          (b)  To accomplish the goals stated in Subsection (a), the

25-13    department shall:

25-14                (1)  establish time frames for the initial screening of

25-15    families seeking to adopt children;

25-16                (2)  provide for the evaluation of the effectiveness of

25-17    the department's management-level employees in expeditiously making

25-18    permanent placements for children;

25-19                (3)  establish, as feasible, comprehensive assessment

25-20    service centers in various locations in the state to determine the

25-21    needs of children and families served by the department; and

25-22                (4)  emphasize and centralize the monitoring and

25-23    promoting of the permanent placement of children receiving

25-24    department services.

25-25          SECTION 16.  Subsection (a), Section 264.603, Family Code, is

 26-1    amended to read as follows:

 26-2          (a)  The attorney general shall contract with one statewide

 26-3    organization of individuals or groups of individuals who have

 26-4    expertise in the dynamics of child abuse and neglect and experience

 26-5    in operating volunteer advocate programs to provide training,

 26-6    technical assistance, and evaluation services for the benefit of

 26-7    local volunteer advocate programs.  The contract shall require

 26-8    measurable goals and objectives for expanding local volunteer child

 26-9    advocate programs to areas of the state in which those programs do

26-10    not exist.

26-11          SECTION 17.  Subchapter C, Chapter 72, Government Code, is

26-12    amended by adding Section 72.028 to read as follows:

26-13          Sec. 72.028.  REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY

26-14    LAW CASES.  (a)  Not later than December 1 of each year, the office

26-15    shall prepare and submit a report on judicial efficiency in cases

26-16    brought by the  Department of Protective and Regulatory Services

26-17    under Title 5, Family Code, to the governor, the lieutenant

26-18    governor, the speaker of the house of representatives, and the

26-19    chief justice of the supreme court.

26-20          (b)  The report must cover a one-year period beginning

26-21    September 1 of the preceding year and must include the following

26-22    information about cases brought by the Department of Protective and

26-23    Regulatory Services under Title 5, Family Code:

26-24                (1)  the level of judicial commitment to case

26-25    management that promotes timely and effective resolution of the

 27-1    cases;

 27-2                (2)  recommended docket management procedures and

 27-3    reporting requirements for the cases;

 27-4                (3)  an assessment of the need for mandated judicial

 27-5    review of the cases at three-month intervals after the termination

 27-6    of parental rights to monitor the adoption process;

 27-7                (4)  the manner in which children's interests are

 27-8    represented in the cases;

 27-9                (5)  the extent to which continuances are granted in

27-10    the cases;

27-11                (6)  the promptness of hearings in the cases;

27-12                (7)  a list of courts that give priority to the cases;

27-13    and

27-14                (8)  a list of all judges and associate judges in this

27-15    state who preside over the cases.

27-16          (c)  The Department of Protective and Regulatory Services

27-17    shall cooperate with the office in the preparation of the report.

27-18          SECTION 18.  This Act takes effect September 1, 1997.

27-19          SECTION 19.  (a)  The change in law made by Section 1 of this

27-20    Act applies to an attorney ad litem appointed on or after the

27-21    effective date of this Act.

27-22          (b)  The change in law made by Section 4 of this Act applies

27-23    only to a suit affecting the parent-child relationship filed on or

27-24    after the effective date of this Act.  A suit affecting the

27-25    parent-child relationship filed before the effective date of this

 28-1    Act is governed by the law in effect on the date the suit was

 28-2    filed, and the former law is continued in effect for that purpose.

 28-3    The changes in law made by Sections 6 and 7 of this Act apply to a

 28-4    suit to terminate the parent-child relationship pending on or filed

 28-5    on or after the effective date of this Act.

 28-6          (c)  The changes in law made by Sections 8, 10 through 13,

 28-7    and 15 of this Act apply to all cases in which the Department of

 28-8    Protective and Regulatory Services has been appointed conservator

 28-9    of a child either before, on, or after the effective date of this

28-10    Act.  However, a court may not issue an order required by Section

28-11    263.3055, Family Code, as added by Section 12 of this Act, until

28-12    the first anniversary of the effective date of this Act.

28-13          (d)  The Office of Court Administration of the Texas Judicial

28-14    System shall submit the first report under Section 72.028,

28-15    Government Code, as added by Section 17 of this Act, not later than

28-16    December 1, 1998.

28-17          SECTION 20.  The importance of this legislation and the

28-18    crowded condition of the calendars in both houses create an

28-19    emergency and an imperative public necessity that the

28-20    constitutional rule requiring bills to be read on three several

28-21    days in each house be suspended, and this rule is hereby suspended.