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.