1-1 By: Zaffirini, et al. S.B. No. 34
1-2 (In the Senate - Filed March 6, 1997; March 10, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 1, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 1, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 34 By: Ogden
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the parent-child relationship, suits affecting the
1-11 parent-child relationship, and the protection of children.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 102.009, Family Code, is
1-14 amended to read as follows:
1-15 (a) Except as provided by Subsection (b), the following are
1-16 entitled to service of citation on the filing of a petition in an
1-17 original suit:
1-18 (1) a managing conservator;
1-19 (2) a possessory conservator;
1-20 (3) a person having possession of or access to the
1-21 child under an order;
1-22 (4) a person required by law or by order to provide
1-23 for the support of the child;
1-24 (5) a guardian of the person of the child;
1-25 (6) a guardian of the estate of the child;
1-26 (7) each parent as to whom the parent-child
1-27 relationship has not been terminated or process has not been waived
1-28 under Chapter 161;
1-29 (8) an alleged father, unless there is attached to the
1-30 petition an affidavit of waiver of interest in a child executed by
1-31 the alleged father as provided by Chapter 161; [and]
1-32 (9) a man who has filed a notice of intent to claim
1-33 paternity as provided by Subchapter D, Chapter 160; and
1-34 (10) the Department of Protective and Regulatory
1-35 Services, if the petition requests that the department be appointed
1-36 as managing conservator of the child.
1-37 SECTION 2. Subsection (b), Section 102.011, Family Code, is
1-38 amended to read as follows:
1-39 (b) The court may also exercise personal jurisdiction over a
1-40 person on whom service of citation is required or over the person's
1-41 personal representative, although the person is not a resident or
1-42 domiciliary of this state, if:
1-43 (1) the person is personally served with citation in
1-44 this state;
1-45 (2) the person submits to the jurisdiction of this
1-46 state by consent, by entering a general appearance, or by filing a
1-47 responsive document having the effect of waiving any contest to
1-48 personal jurisdiction;
1-49 (3) the child resides in this state as a result of the
1-50 acts or directives of the person;
1-51 (4) the person resided with the child in this state;
1-52 (5) the person resided in this state and provided
1-53 prenatal expenses or support for the child;
1-54 (6) the person engaged in sexual intercourse in this
1-55 state and the child may have been conceived by that act of
1-56 intercourse; [or]
1-57 (7) the person registered with the paternity registry
1-58 maintained by the bureau of vital statistics as provided by Chapter
1-59 160; or
1-60 (8) there is any basis consistent with the
1-61 constitutions of this state and the United States for the exercise
1-62 of the personal jurisdiction.
1-63 SECTION 3. Section 107.006, Family Code, is amended to read
1-64 as follows:
2-1 Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
2-2 QUALIFICATIONS. (a) The local administrative district judge in
2-3 each county in a Department of Protective and Regulatory Services
2-4 region for child protective services that contains a county having
2-5 a population of 2.8 million or more shall establish a pool from
2-6 which guardians ad litem and attorneys ad litem are appointed for
2-7 proceedings in the district courts of the county. A local
2-8 administrative district judge in any other county may establish a
2-9 pool from which guardians ad litem and attorneys ad litem are
2-10 appointed for proceedings in the district courts of that county.
2-11 To be eligible for a pool established under this subsection, a
2-12 person must meet the requirements of Subsection (b).
2-13 (b) Before a person may be appointed as a guardian ad litem
2-14 or attorney ad litem, the person must:
2-15 (1) complete training approved [provided] by the State
2-16 Bar of Texas in family law, the representation of children, and the
2-17 responsibilities of ad litems;
2-18 (2) complete as part of the person's annual continuing
2-19 legal education requirement not fewer than three hours in family
2-20 law issues related to the representation of children; and
2-21 (3) meet other requirements established by the local
2-22 administrative district judge.
2-23 (c) [(b)] Before appointment as a guardian ad litem or an
2-24 attorney ad litem, the person must have read, acknowledged by
2-25 signing, and filed with the local administrative judge a written
2-26 statement prepared by the local administrative district judge that
2-27 lists the responsibilities of an ad litem, some or all of which may
2-28 be appropriate to the person's specific case. The court shall
2-29 retain a copy of the acknowledgment for two years. To continue to
2-30 receive appointments under this section, the person must execute a
2-31 new statement at least every two years.
2-32 (d) [(c)] A party to a proceeding in which a person is
2-33 appointed as a guardian ad litem or an attorney ad litem may object
2-34 to appointment of the person at any time before the date of the
2-35 trial of the proceeding by filing a written motion. A party may
2-36 object under this subsection on the grounds that the party believes
2-37 that the person appointed lacks objectivity or is failing to
2-38 fulfill the person's responsibilities as an ad litem as outlined in
2-39 the written statement of ad litem responsibilities. The court
2-40 shall promptly rule on an objection raised under this subsection
2-41 and shall order the removal of the guardian ad litem or attorney ad
2-42 litem if the court finds that the objection is justifiable
2-43 [reasonable].
2-44 (e) [(d)] A person appointed as a guardian ad litem or
2-45 attorney ad litem shall complete and submit to the court a voucher
2-46 or claim for payment that includes the fees charged and hours
2-47 worked by the ad litem. Information submitted under this section
2-48 is subject to disclosure under Chapter 552, Government Code.
2-49 (f) [(e)] The Bureau of Vital Statistics may compile
2-50 information submitted under Subsection (e) [(d)] for a county that
2-51 maintains that information on an electronic database. On the
2-52 request of the bureau, the county shall provide the information.
2-53 Information compiled by the bureau under this section shall be made
2-54 available to the Department of Protective and Regulatory Services.
2-55 SECTION 4. Section 159.201, Family Code, is amended to read
2-56 as follows:
2-57 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
2-58 proceeding to establish, enforce, or modify a support order or to
2-59 determine parentage, a tribunal of this state may exercise personal
2-60 jurisdiction over a nonresident individual or the individual's
2-61 guardian or conservator if:
2-62 (1) the individual is personally served with citation
2-63 in this state;
2-64 (2) the individual submits to the jurisdiction of this
2-65 state by consent, by entering a general appearance, or by filing a
2-66 responsive document having the effect of waiving any contest to
2-67 personal jurisdiction;
2-68 (3) the individual resided with the child in this
2-69 state;
3-1 (4) the individual resided in this state and provided
3-2 prenatal expenses or support for the child;
3-3 (5) the child resides in this state as a result of the
3-4 acts or directives of the individual;
3-5 (6) the individual engaged in sexual intercourse in
3-6 this state and the child may have been conceived by that act of
3-7 intercourse; [or]
3-8 (7) the individual asserted parentage in the paternity
3-9 registry maintained in this state by the bureau of vital
3-10 statistics; or
3-11 (8) there is any other basis consistent with the
3-12 constitutions of this state and the United States for the exercise
3-13 of personal jurisdiction.
3-14 SECTION 5. Chapter 160, Family Code, is amended by adding
3-15 Subchapter D to read as follows:
3-16 SUBCHAPTER D. PATERNITY REGISTRY
3-17 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
3-18 of vital statistics shall establish a paternity registry.
3-19 (b) The bureau of vital statistics shall administer the
3-20 registry to:
3-21 (1) protect the parental rights of fathers who
3-22 affirmatively assume responsibility for children they may have
3-23 fathered; and
3-24 (2) expedite adoptions of children whose biological
3-25 fathers are unwilling to assume responsibility for their children
3-26 by registering with the registry or otherwise acknowledging their
3-27 children.
3-28 (c) The registry does not relieve a mother of the obligation
3-29 to identify the known father of her child.
3-30 (d) A man is not required to register with the paternity
3-31 registry if he:
3-32 (1) is presumed to be the biological father of a child
3-33 under Chapter 151; or
3-34 (2) has been adjudicated to be the biological father
3-35 of a child by a court of competent jurisdiction.
3-36 Sec. 160.252. REQUIRED INFORMATION. A man registering with
3-37 the registry shall provide:
3-38 (1) the name, last known address, driver's license
3-39 number, and social security number, if known, of the mother of the
3-40 child;
3-41 (2) the name of the child and the location and date of
3-42 birth of the child, if known, or the probable month and year of the
3-43 expected birth of the child;
3-44 (3) the man's name, address, driver's license number,
3-45 and social security number; and
3-46 (4) a statement in which the man claims to be the
3-47 father of the child identified by the man.
3-48 Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
3-49 registry shall record the name, address, driver's license number,
3-50 and social security number of a man who claims to be the father of
3-51 a child whose paternity has not been adjudicated by a court of
3-52 competent jurisdiction by giving notice of intent to claim
3-53 paternity, as provided by this subchapter.
3-54 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
3-55 sexual intercourse with a person of the opposite sex is deemed to
3-56 have knowledge that sexual intercourse can result in the woman's
3-57 pregnancy.
3-58 (b) Except as provided by this subchapter, a man who claims
3-59 to be the father of a child shall file a notice of intent to assert
3-60 as provided by this subchapter his right to establish paternity of
3-61 a child that may result from the sexual intercourse.
3-62 (c) Ignorance of a pregnancy is not a sufficient reason for
3-63 failing to register with the registry to claim paternity of the
3-64 child born of the pregnancy.
3-65 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
3-66 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
3-67 provided, the registry shall send a copy of the notice of intent to
3-68 claim paternity to the mother as notification that a man has
3-69 registered with the paternity registry claiming to be the father of
4-1 the mother's child.
4-2 (b) Information contained in the registry is confidential
4-3 and may be released on request only to:
4-4 (1) a court;
4-5 (2) the mother of a child;
4-6 (3) an authorized agency;
4-7 (4) a licensed child-placing agency;
4-8 (5) an attorney at law in this state who is
4-9 participating or assisting in a suit affecting the parent-child
4-10 relationship, including termination of the parent-child
4-11 relationship or a suit for the adoption of the child that the
4-12 registrant claims to have fathered; or
4-13 (6) any other person or entity the bureau of vital
4-14 statistics considers to have a legitimate interest in the
4-15 information.
4-16 (c) The registry shall furnish registry information by
4-17 electronic data exchange or any other means to the state's Title
4-18 IV-D agency and the Department of Protective and Regulatory
4-19 Services.
4-20 (d) A person commits an offense if the person intentionally
4-21 and unlawfully releases information from the registry to the public
4-22 or makes any other unlawful use of the information in violation of
4-23 this subchapter. An offense under this subsection is a Class B
4-24 misdemeanor.
4-25 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY.
4-26 (a) Except as provided by Subsection (d), a person may register as
4-27 provided by this subchapter by filing a notice of intent to claim
4-28 paternity on a form provided by the bureau of vital statistics.
4-29 This form shall be signed and acknowledged before a notary public.
4-30 (b) The bureau shall make registration forms available to
4-31 all:
4-32 (1) hospitals and other birthing places in this state;
4-33 (2) licensed child-placing agencies;
4-34 (3) county and district clerks;
4-35 (4) municipal clerks;
4-36 (5) justices of the peace;
4-37 (6) jails;
4-38 (7) prisons; and
4-39 (8) facilities of the Texas Department of Criminal
4-40 Justice and Texas Youth Commission.
4-41 (c) A notice of intent to claim paternity may be filed
4-42 before the birth of the child but may not be filed after the 30th
4-43 day after the date of birth of the child.
4-44 (d) If the bureau of vital statistics has received from the
4-45 clerk of the court notice under Chapter 108 of a decree terminating
4-46 the parent-child relationship between the person applying to
4-47 register and the child, the bureau shall notify the person that the
4-48 person's parent-child relationship with the child has been
4-49 terminated and may not enter into the registry a notice of intent
4-50 to claim paternity filed by the person.
4-51 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
4-52 NOTIFICATION. (a) Not later than the 30th day after the date of
4-53 the receipt of notification from the bureau of vital statistics
4-54 that a notice of intent to claim paternity has been filed, the
4-55 mother of the child may deny the registrant's claim of paternity on
4-56 a form provided by the bureau and signed and acknowledged before a
4-57 notary public.
4-58 (b) If the mother denies that the registrant is the father
4-59 of the child, the bureau of vital statistics shall immediately
4-60 notify the registrant of the denial and of the registrant's right
4-61 to file a legal action to establish paternity.
4-62 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
4-63 Except as provided by Chapter 102 and Chapter 161, a man who fails
4-64 to file a notice of intent to claim paternity before the 30th day
4-65 after the date of the birth of the child may not assert an interest
4-66 in the child other than by filing a suit to establish paternity
4-67 before the termination of the man's parental rights.
4-68 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
4-69 (a) A man who files a notice of intent to claim paternity with the
5-1 registry shall promptly notify the registry in writing of any
5-2 change in the information, including a change of address.
5-3 (b) A man who files a notice of intent to claim paternity
5-4 may at any time revoke the notice by sending the registry a written
5-5 statement signed and acknowledged by the registrant before a notary
5-6 public. The statement must include a declaration that, to the best
5-7 of the registrant's knowledge and belief:
5-8 (1) the registrant is not the father of the named
5-9 child; or
5-10 (2) a court has adjudicated paternity and a person
5-11 other than the registrant has been determined to be the father of
5-12 the child.
5-13 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
5-14 On request, the bureau of vital statistics shall furnish a
5-15 certificate, signed by the state registrar of vital statistics,
5-16 attesting to the results of a search of the registry regarding a
5-17 notice of intent to claim paternity to:
5-18 (1) a court;
5-19 (2) the mother of a child;
5-20 (3) an authorized agency;
5-21 (4) a licensed child-placing agency;
5-22 (5) an attorney licensed to practice law in this state
5-23 who is participating or assisting in an adoption; or
5-24 (6) any other person or entity the bureau of vital
5-25 statistics considers to have a legitimate interest in the
5-26 information.
5-27 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
5-28 determines that a registrant is not the father of the child, the
5-29 court shall order the bureau of vital statistics to remove the
5-30 registrant's name from the registry. On receipt of an order for
5-31 the removal of a registrant's name, the bureau of vital statistics
5-32 shall remove the name from the registry.
5-33 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
5-34 for filing with the registry a notice of intent to claim paternity
5-35 of a child or a denial of a registrant's paternity.
5-36 (b) Except as provided by Subsection (c), the Texas
5-37 Department of Health may charge a fee for processing a search of
5-38 the paternity registry and for furnishing a certificate under
5-39 Section 160.260.
5-40 (c) The Department of Protective and Regulatory Services and
5-41 the Title IV-D agency are not required to pay a fee under
5-42 Subsection (b).
5-43 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
5-44 REGISTRY. Information maintained by the paternity registry is
5-45 admissible in a proceeding in a court or administrative tribunal of
5-46 this state for any purpose, including for the establishment of the
5-47 registrant's paternity or an action to terminate parental rights.
5-48 SECTION 6. Section 161.002, Family Code, is amended by
5-49 amending Subsection (b) and adding Subsection (c) to read as
5-50 follows:
5-51 (b) The rights of an alleged biological father may be
5-52 terminated if:
5-53 (1) [,]after being served with citation, he does not
5-54 respond by timely filing an admission of paternity or a
5-55 counterclaim for paternity under Chapter 160 prior to the final
5-56 hearing in the suit; or
5-57 (2) he has not registered with the paternity registry
5-58 under Subchapter D, Chapter 160, and after the exercise of due
5-59 diligence:
5-60 (A) his identity and location are unknown; or
5-61 (B) his identity is known but he cannot be
5-62 located.
5-63 (c) The termination of the rights of an alleged biological
5-64 father under Subsection (b)(2) does not require personal service of
5-65 citation or citation by publication on the alleged biological
5-66 father.
5-67 SECTION 7. Section 161.001, Family Code, is amended to read
5-68 as follows:
5-69 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
6-1 RELATIONSHIP. The court may order termination of the parent-child
6-2 relationship if the court finds by clear and convincing evidence:
6-3 (1) that the parent has:
6-4 (A) voluntarily left the child alone or in the
6-5 possession of another not the parent and expressed an intent not to
6-6 return;
6-7 (B) voluntarily left the child alone or in the
6-8 possession of another not the parent without expressing an intent
6-9 to return, without providing for the adequate support of the child,
6-10 and remained away for a period of at least three months;
6-11 (C) voluntarily left the child alone or in the
6-12 possession of another without providing adequate support of the
6-13 child and remained away for a period of at least six months;
6-14 (D) knowingly placed or knowingly allowed the
6-15 child to remain in conditions or surroundings which endanger the
6-16 physical or emotional well-being of the child;
6-17 (E) engaged in conduct or knowingly placed the
6-18 child with persons who engaged in conduct which endangers the
6-19 physical or emotional well-being of the child;
6-20 (F) failed to support the child in accordance
6-21 with his ability during a period of one year ending within six
6-22 months of the date of the filing of the petition;
6-23 (G) abandoned the child without identifying the
6-24 child or furnishing means of identification, and the child's
6-25 identity cannot be ascertained by the exercise of reasonable
6-26 diligence;
6-27 (H) voluntarily, and with knowledge of the
6-28 pregnancy, abandoned the mother of the child beginning at a time
6-29 during her pregnancy with the child and continuing through the
6-30 birth, failed to provide adequate support or medical care for the
6-31 mother during the period of abandonment before the birth of the
6-32 child, and remained apart from the child or failed to support the
6-33 child since the birth;
6-34 (I) contumaciously refused to submit to a
6-35 reasonable and lawful order of a court under Chapter 264;
6-36 (J) been the major cause of:
6-37 (i) the failure of the child to be
6-38 enrolled in school as required by the Education Code; or
6-39 (ii) the child's absence from the child's
6-40 home without the consent of the parents or guardian for a
6-41 substantial length of time or without the intent to return;
6-42 (K) executed before or after the suit is filed
6-43 an unrevoked or irrevocable affidavit of relinquishment of parental
6-44 rights as provided by this chapter;
6-45 (L) been adjudicated to be criminally
6-46 responsible for the death or serious injury of a child;
6-47 (M) had his or her parent-child relationship
6-48 terminated with respect to another child based on a finding that
6-49 the parent's conduct was in violation of Paragraph (D) or (E) or
6-50 substantially equivalent provisions of the law of another state;
6-51 [or]
6-52 (N) constructively abandoned the child who has
6-53 been in the permanent or temporary managing conservatorship of the
6-54 Department of Protective and Regulatory Services or an authorized
6-55 agency [for not less than one year], and:
6-56 (i) the department or authorized agency
6-57 has made reasonable efforts to return the child to the parent; and
6-58 (ii) the parent has not regularly visited
6-59 and [or] maintained significant contact with the child or[; and]
6-60 [(iii) the parent has] demonstrated an
6-61 ability [inability] to provide the child with a safe environment;
6-62 (O) been adjudicated to be criminally
6-63 responsible for:
6-64 (i) aggravated sexual assault of a child;
6-65 (ii) sexual assault of a child;
6-66 (iii) indecency with a child;
6-67 (iv) sexual performance by a child; or
6-68 (v) employment harmful to children; or
6-69 (P) failed to comply with the provisions of a
7-1 court order that specifically established the actions necessary for
7-2 the parent to obtain the return of the child who has been in the
7-3 permanent or temporary managing conservatorship of the Department
7-4 of Protective and Regulatory Services as a result of the child's
7-5 removal from the parent under Chapter 262 for the abuse or neglect
7-6 of the child; and
7-7 (2) that termination is in the best interest of the
7-8 child.
7-9 SECTION 8. Subchapter B, Chapter 201, Family Code, is
7-10 amended by adding Section 201.1085 to read as follows:
7-11 Sec. 201.1085. DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD
7-12 PROTECTION CASES. The presiding judge may appoint a master for a
7-13 court handling child protection cases if the court needs assistance
7-14 in order to process the cases in a reasonable time.
7-15 SECTION 9. Subchapter A, Chapter 262, Family Code, is
7-16 amended by adding Section 262.008 to read as follows:
7-17 Sec. 262.008. ABANDONED CHILDREN. (a) An authorized
7-18 representative of the Department of Protective and Regulatory
7-19 Services may assume the care, control, and custody of a child:
7-20 (1) who is abandoned without identification or a means
7-21 for identifying the child; and
7-22 (2) whose identity cannot be ascertained by the
7-23 exercise of reasonable diligence.
7-24 (b) The department shall immediately file a suit to
7-25 terminate the parent-child relationship of a child under Subsection
7-26 (a).
7-27 (c) A child for whom possession is assumed under this
7-28 section need not be delivered to the court except on the order of
7-29 the court.
7-30 SECTION 10. Subsection (c), Section 262.201, Family Code, is
7-31 amended to read as follows:
7-32 (c) If the court finds sufficient evidence to satisfy a
7-33 person of ordinary prudence and caution that there is a continuing
7-34 danger to the physical health or safety of the child and for the
7-35 child to remain in the home is contrary to the welfare of the
7-36 child, the court shall:
7-37 (1) issue an appropriate temporary order under Chapter
7-38 105; and
7-39 (2) inform each parent in open court that parental and
7-40 custodial rights and duties may be subject to restriction or to
7-41 termination unless the parent or parents are willing and able to
7-42 provide the child with a safe environment.
7-43 SECTION 11. Subchapter A, Chapter 263, Family Code, is
7-44 amended by adding Section 263.006 to read as follows:
7-45 Sec. 263.006. WARNING TO PARENTS. At the status hearing
7-46 under Subchapter C and at each permanency hearing under Subchapter
7-47 D held after the court has rendered a temporary order appointing
7-48 the department as temporary managing conservator, the court shall
7-49 inform each parent in open court that parental and custodial rights
7-50 and duties may be subject to restriction or to termination unless
7-51 the parent or parents are willing and able to provide the child
7-52 with a safe environment.
7-53 SECTION 12. Subchapter B, Chapter 263, Family Code, is
7-54 amended by adding Section 263.1015 to read as follows:
7-55 Sec. 263.1015. SERVICE PLAN NOT REQUIRED. A service plan is
7-56 not required under this subchapter in a suit brought by the
7-57 department for the termination of the parent-child relationship for
7-58 a child who has been abandoned without identification and whose
7-59 identity cannot be determined.
7-60 SECTION 13. Section 263.201, Family Code, is amended to read
7-61 as follows:
7-62 Sec. 263.201. STATUS HEARING; TIME. Not later than the
7-63 60th day after the date the court renders a temporary order
7-64 appointing the department as temporary managing conservator of a
7-65 child [of a full adversary hearing under Chapter 262], the court
7-66 shall hold a status hearing to review the child's status and the
7-67 permanency plan developed for the child.
7-68 SECTION 14. The heading to Subchapter D, Chapter 263, Family
7-69 Code, is amended to read as follows:
8-1 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
8-2 SECTION 15. Subsections (a) and (b), Section 263.301, Family
8-3 Code, are amended to read as follows:
8-4 (a) Notice of a permanency [review] hearing shall be given
8-5 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
8-6 persons entitled to notice of the hearing.
8-7 (b) The following persons are entitled to at least 10 days'
8-8 notice of a permanency hearing [to review a child's placement] and
8-9 are entitled to present evidence and be heard at the hearing:
8-10 (1) the department;
8-11 (2) the foster parent or director of the group home or
8-12 institution where the child is residing;
8-13 (3) each parent of the child;
8-14 (4) the managing conservator or guardian of the child;
8-15 [and]
8-16 (5) an attorney ad litem appointed for the child under
8-17 Chapter 107;
8-18 (6) a volunteer advocate appointed for the child under
8-19 Chapter 107; and
8-20 (7) any other person or agency named by the court to
8-21 have an interest in the child's welfare.
8-22 SECTION 16. Section 263.302, Family Code, is amended to read
8-23 as follows:
8-24 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
8-25 dispense with the attendance of the] child shall attend each
8-26 permanency hearing unless the court specifically excuses the
8-27 child's attendance. Failure by the child to attend a hearing does
8-28 not affect the validity of an order rendered at the [at a placement
8-29 review] hearing.
8-30 SECTION 17. Subchapter D, Chapter 263, Family Code, is
8-31 amended by adding Section 263.3025 to read as follows:
8-32 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
8-33 prepare a permanency plan for a child for whom the department has
8-34 been appointed temporary managing conservator. The department
8-35 shall give a copy of the plan to each person entitled to notice
8-36 under Section 263.301(b) not later than the 10th day before the
8-37 date of the child's first permanency hearing.
8-38 (b) In addition to the requirements of the department rules
8-39 governing permanency planning, the permanency plan must contain the
8-40 information required to be included in a permanency progress report
8-41 under Section 263.303.
8-42 (c) The department shall modify the permanency plan for a
8-43 child as required by the circumstances and needs of the child.
8-44 SECTION 18. Section 263.303, Family Code, is amended to read
8-45 as follows:
8-46 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
8-47 later than the 10th day before the date set for each permanency
8-48 hearing other than the first permanency [review] hearing, the
8-49 department or other authorized agency shall file with the court and
8-50 provide to each party, the child's attorney ad litem, and the
8-51 child's volunteer advocate a permanency progress [status] report
8-52 unless the court orders a different period for providing the report
8-53 [or orders that a report is not required for a specific hearing].
8-54 (b) The permanency progress [status] report must:
8-55 (1) recommend that the suit be dismissed; or
8-56 (2) recommend that the suit continue, and:
8-57 (A) identify the date for dismissal of the suit
8-58 under this chapter;
8-59 (B) provide:
8-60 (i) the name of any person entitled to
8-61 notice under Chapter 102 who has not been served;
8-62 (ii) a description of the efforts by the
8-63 department or another agency to locate and request service of
8-64 citation; and
8-65 (iii) a description of each parent's
8-66 assistance in providing information necessary to locate an unserved
8-67 party;
8-68 (C) evaluate [all relevant information
8-69 concerning each of the guidelines under this chapter and] the
9-1 parties' compliance with temporary orders and with the service
9-2 plan;
9-3 (D) evaluate whether the child's placement in
9-4 substitute care meets the child's needs and recommend other plans
9-5 or services to meet the child's special needs or circumstances;
9-6 (E) describe the permanency plan for the child
9-7 and recommend actions necessary to ensure that a final order
9-8 consistent with that permanency plan is rendered before the date
9-9 for dismissal of the suit under this chapter; and
9-10 (F) [(2) recommend one of the following actions:]
9-11 [(A) that the child be returned to the child's
9-12 home and that the suit be dismissed;]
9-13 [(B) that the child be returned to the child's
9-14 home with the department or other agency retaining conservatorship;]
9-15 [(C) that the child remain in substitute care
9-16 for a specified period and that the child's parents continue to
9-17 work toward providing the child with a safe environment;]
9-18 [(D) that the child remain in substitute care
9-19 for a specified period and that termination of parental rights be
9-20 sought under this code;]
9-21 [(E) that a child who has resided in substitute
9-22 care for at least 18 months be placed or remain in permanent or
9-23 long-term substitute care because of the child's special needs or
9-24 circumstances; or]
9-25 [(F) that other plans be made or other services
9-26 provided in accordance with the child's special needs or
9-27 circumstances; and]
9-28 [(3)] with respect to a child 16 years of age or
9-29 older, identify the services needed to assist the child in the
9-30 transition to adult life.
9-31 (c) A parent whose parental rights are the subject of a suit
9-32 affecting the parent-child relationship, the attorney for that
9-33 parent, or the child's attorney ad litem or guardian ad litem may
9-34 file a response to the department's or other agency's report filed
9-35 under Subsection (b). A response must be filed not later than the
9-36 third day before the date of the hearing.
9-37 SECTION 19. Section 263.304, Family Code, is amended to read
9-38 as follows:
9-39 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
9-40 Not later than the 180th day after the date the court renders a
9-41 temporary order appointing the department as temporary managing
9-42 conservator of a child [of the conclusion of the full adversary
9-43 hearing under Chapter 262], the court shall hold a permanency
9-44 hearing to review the status of, and permanency plan for, the [a]
9-45 child to ensure that a final order consistent with that permanency
9-46 plan is rendered before the date for dismissal of the suit under
9-47 this chapter [in substitute care in the court's jurisdiction,
9-48 including the time for the completion of the plan and the projected
9-49 date for the achievement of the child's permanency plan].
9-50 SECTION 20. Section 263.305, Family Code, is amended to read
9-51 as follows:
9-52 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
9-53 subsequent permanency hearing before entry of a final order
9-54 [Subsequent review hearings] shall be held [not earlier than 5 1/2
9-55 months and] not later than the 120th day [seven months] after the
9-56 date of the last permanency hearing in the suit. For [unless,
9-57 for] good cause shown or on the court's own motion [by a party],
9-58 the court may order more frequent hearings [an earlier hearing is
9-59 approved by the court].
9-60 SECTION 21. Section 263.306, Family Code, is amended to read
9-61 as follows:
9-62 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
9-63 each permanency [review] hearing the court shall [determine]:
9-64 (1) identify [the identity of] all persons or parties
9-65 present at the hearing or those given notice but failing to appear;
9-66 (2) review the efforts of the department or another
9-67 agency in:
9-68 (A) attempting to locate all necessary persons;
9-69 (B) requesting service of citation; and
10-1 (C) obtaining the assistance of a parent in
10-2 providing information necessary to locate an absent parent;
10-3 (3) return the child to the parent or parents if
10-4 [whether] the child's parent or parents are willing and able to
10-5 provide the child with a safe environment and the return of the
10-6 child is in the child's best interest;
10-7 (4) return the child to a person or entity, other than
10-8 a parent, entitled to service under Chapter 102 if the person or
10-9 entity is willing and able to provide the child with a safe
10-10 environment and the return of the child is in the child's best
10-11 interest;
10-12 (5) evaluate the department's efforts to identify
10-13 relatives who could provide the child with a safe environment, if
10-14 the child is not returned to a parent or another person or entity
10-15 entitled to service under Chapter 102;
10-16 (6) evaluate the parties' compliance with temporary
10-17 orders and
10-18 [(3) the extent to which the child's parents have
10-19 taken the necessary actions or responsibilities toward achieving
10-20 the plan goal during the period of the service plan and the extent
10-21 to which the department or other authorized agency has provided
10-22 assistance to the parents as provided in] the service plan;
10-23 (7) determine [(4)] whether:
10-24 (A) the child continues to need substitute care;
10-25 (B) [and whether] the child's current placement
10-26 is appropriate for meeting the child's needs; and
10-27 (C) other plans or services are needed to meet
10-28 the child's special needs or circumstances;
10-29 (8) if the child is placed in institutional care,
10-30 determine whether efforts have been made to ensure placement of the
10-31 child in the least restrictive environment consistent with the best
10-32 interest and special needs of the child;
10-33 (9) if the child is 16 years of age or older, order
10-34 services that are needed to assist the child in making the
10-35 transition from substitute care to independent living if the
10-36 services are available in the community;
10-37 (10) determine plans, services, and further temporary
10-38 orders necessary to ensure that a final order is rendered before
10-39 the date for dismissal of the suit under this chapter; and
10-40 (11) determine the date for dismissal of the suit
10-41 under this chapter and give notice in open court to all parties of:
10-42 (A) the dismissal date;
10-43 (B) the date of the next permanency hearing; and
10-44 (C) the date the suit is set for trial.
10-45 [(5) a date for achieving the child's permanency plan;]
10-46 [(6) if the child has been in substitute care for not
10-47 less than 18 months, the future status of the child and the
10-48 appropriateness of the date by which the child may return home and
10-49 whether to render further appropriate orders;]
10-50 [(7) if the child is in substitute care outside the
10-51 state, whether the out-of-state placement continues to be
10-52 appropriate and in the best interest of the child;]
10-53 [(8) whether the child's parents are willing and able
10-54 to provide the child with a safe environment without the assistance
10-55 of a service plan and, if so, return the child to the parents;]
10-56 [(9) whether the child's parents are willing and able
10-57 to provide the child with a safe environment with the assistance of
10-58 a service plan and, if so, return the child or continue the
10-59 placement of the child in the child's home under the department's
10-60 or other agency's supervision;]
10-61 [(10) whether the child's parents are presently
10-62 unwilling or unable to provide the child with a safe environment,
10-63 even with the assistance of a service plan, and, if so, order the
10-64 child to remain under the department's or other agency's managing
10-65 conservatorship for a period of time specified by the court;]
10-66 [(11) whether a long-term substitute care placement is
10-67 in the child's best interest because of the child's special needs
10-68 or circumstances and, if so, begin a long-term substitute care
10-69 placement and if the child is placed in institutional care, whether
11-1 efforts have been made to ensure placement of the child in the
11-2 least restrictive environment consistent with the best interest and
11-3 special needs of the child;]
11-4 [(12) whether a child is 16 years of age or older and,
11-5 if so, order the services that are needed to assist the child in
11-6 making the transition from substitute care to independent living if
11-7 the services are available in the community;]
11-8 [(13) whether the child has been placed with the
11-9 department under a voluntary placement agreement and, if so, order
11-10 that the department will institute further proceedings or return
11-11 the child to the parents;]
11-12 [(14) whether the department or authorized agency has
11-13 custody, care, and control of the child under an affidavit of
11-14 relinquishment of parental rights naming the department managing
11-15 conservator and, if so, direct the department or authorized agency
11-16 to institute further proceedings; and]
11-17 [(15) whether parental rights to the child have been
11-18 terminated and, if so, determine whether the department or
11-19 authorized agency will attempt to place the child for adoption.]
11-20 SECTION 22. Chapter 263, Family Code, is amended by adding
11-21 Subchapter E to read as follows:
11-22 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
11-23 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
11-24 (a) Unless the court has rendered a final order or granted an
11-25 extension under Subsection (b), on the first Monday after the first
11-26 anniversary of the date the court rendered a temporary order
11-27 appointing the department as temporary managing conservator, the
11-28 court shall dismiss the suit affecting the parent-child
11-29 relationship filed by the department that requests termination of
11-30 the parent-child relationship or requests that the department be
11-31 named conservator of the child.
11-32 (b) On or before the time described by Subsection (a) for
11-33 the dismissal of the suit, the court may extend the court's
11-34 jurisdiction of the suit for a period stated in the extension
11-35 order, but not longer than 180 days after the time described by
11-36 Subsection (a), if the court has continuing jurisdiction of the
11-37 suit and the appointment of the department as temporary managing
11-38 conservator is in the best interest of the child. If the court
11-39 grants an extension, the extension order must also:
11-40 (1) schedule the new date for dismissal of the suit;
11-41 and
11-42 (2) make further temporary orders for the safety and
11-43 welfare of the child as necessary to avoid further delay in
11-44 resolving the suit.
11-45 (c) If the court grants an extension, the court shall render
11-46 a final order or dismiss the suit on or before the date specified
11-47 in the extension order and may not grant an additional extension.
11-48 (d) For purposes of this section, a final order is an order
11-49 that:
11-50 (1) requires that a child be returned to the child's
11-51 parent;
11-52 (2) names a relative of the child or another person as
11-53 the child's managing conservator;
11-54 (3) without terminating the parent-child relationship,
11-55 appoints the department as the managing conservator of the child;
11-56 or
11-57 (4) terminates the parent-child relationship and
11-58 appoints a relative of the child, another suitable person, or the
11-59 department as managing conservator of the child.
11-60 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
11-61 RELATIVE. (a) Notwithstanding Section 263.401, the court may
11-62 retain jurisdiction and not dismiss the suit or render a final
11-63 order as required by that section if the court:
11-64 (1) finds that retaining jurisdiction under this
11-65 section is in the best interest of the child;
11-66 (2) orders the department to return the child to the
11-67 child's parent or to place the child with a relative of the child;
11-68 (3) requires that the department continue to serve as
11-69 temporary managing conservator of the child; and
12-1 (4) orders the department to monitor the child's
12-2 placement to ensure that the child is in a safe environment.
12-3 (b) If the court renders an order under this section, the
12-4 court must include in the order specific findings regarding the
12-5 grounds for the order.
12-6 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
12-7 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
12-8 may render a final order appointing the department as managing
12-9 conservator of the child without terminating the rights of the
12-10 parent of the child if the court finds that:
12-11 (1) appointment of a parent as managing conservator
12-12 would not be in the best interest of the child because the
12-13 appointment would significantly impair the child's physical health
12-14 or emotional development; and
12-15 (2) it would not be in the best interest of the child
12-16 to appoint a relative of the child or another person as managing
12-17 conservator.
12-18 (b) In determining whether the department should be
12-19 appointed as managing conservator of the child without terminating
12-20 the rights of a parent of the child, the court shall take the
12-21 following factors into consideration:
12-22 (1) that the child will reach 18 years of age in not
12-23 less than three years;
12-24 (2) that the child is 10 years of age or older and has
12-25 expressed a strong desire against termination or being adopted;
12-26 (3) that the child has special medical or behavioral
12-27 needs that make adoption of the child unlikely; and
12-28 (4) the needs and desires of the child.
12-29 SECTION 23. Chapter 263, Family Code, is amended by adding
12-30 Subchapter F to read as follows:
12-31 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
12-32 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
12-33 the department has been named as a child's managing conservator in
12-34 a final order that does not include termination of parental rights,
12-35 the court shall conduct a placement review hearing at least once
12-36 every six months until the child becomes an adult.
12-37 (b) If the department has been named as a child's managing
12-38 conservator in a final order that terminates a parent's parental
12-39 rights, the court shall conduct a placement review hearing at least
12-40 once every six months until the date the child is adopted or the
12-41 child becomes an adult.
12-42 (c) Notice of a placement review hearing shall be given as
12-43 provided by Rule 21a, Texas Rules of Civil Procedure, to each
12-44 person entitled to notice of the hearing.
12-45 (d) The following are entitled to not less than 10 days'
12-46 notice of a placement review hearing:
12-47 (1) the department;
12-48 (2) the foster parent or director of the group home or
12-49 institution in which the child is residing;
12-50 (3) each parent of the child;
12-51 (4) each possessory conservator or guardian of the
12-52 child;
12-53 (5) the child's attorney ad litem and volunteer
12-54 advocate, if the appointments were not dismissed in the final
12-55 order; and
12-56 (6) any other person or agency named by the court as
12-57 having an interest in the child's welfare.
12-58 (e) The court may dispense with the requirement that the
12-59 child attend a placement review hearing.
12-60 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
12-61 the 10th day before the date set for a placement review hearing,
12-62 the department or other authorized agency shall file a placement
12-63 review report with the court and provide a copy to each person
12-64 entitled to notice under Section 263.501(d).
12-65 (b) For good cause shown, the court may order a different
12-66 time for filing the placement review report or may order that a
12-67 report is not required for a specific hearing.
12-68 (c) The placement review report must:
12-69 (1) evaluate whether the child's current placement is
13-1 appropriate for meeting the child's needs;
13-2 (2) evaluate whether efforts have been made to ensure
13-3 placement of the child in the least restrictive environment
13-4 consistent with the best interest and special needs of the child if
13-5 the child is placed in institutional care;
13-6 (3) identify the services that are needed to assist a
13-7 child who is at least 16 years of age in making the transition from
13-8 substitute care to independent living if the services are available
13-9 in the community;
13-10 (4) identify other plans or services that are needed
13-11 to meet the child's special needs or circumstances; and
13-12 (5) describe the efforts of the department or
13-13 authorized agency to place the child for adoption if parental
13-14 rights to the child have been terminated and the child is eligible
13-15 for adoption.
13-16 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
13-17 placement review hearing, the court shall determine whether:
13-18 (1) the child's current placement is appropriate for
13-19 meeting the child's needs;
13-20 (2) efforts have been made to ensure placement of the
13-21 child in the least restrictive environment consistent with the best
13-22 interest and special needs of the child if the child is placed in
13-23 institutional care;
13-24 (3) the services that are needed to assist a child who
13-25 is at least 16 years of age in making the transition from
13-26 substitute care to independent living are available in the
13-27 community;
13-28 (4) other plans or services are needed to meet the
13-29 child's special needs or circumstances; and
13-30 (5) the department or authorized agency has exercised
13-31 due diligence in attempting to place the child for adoption if
13-32 parental rights to the child have been terminated and the child is
13-33 eligible for adoption.
13-34 SECTION 24. Section 264.009, Family Code, is amended to read
13-35 as follows:
13-36 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) In
13-37 [Except as provided by Subsection (b), in] any action under this
13-38 code [title], the department shall be represented in court by
13-39 [the]:
13-40 (1) the county [prosecuting] attorney [who represents
13-41 the state in criminal cases in the district or county court] of the
13-42 county where the action is brought, unless the district attorney or
13-43 criminal district attorney elects to provide representation; or
13-44 (2) if the case is one in which a conflict of interest
13-45 or special circumstances exist, an attorney employed by the
13-46 department or who has contracted with the department under
13-47 Subsection (c) to provide representation [attorney general].
13-48 (b) In a county with a population of 2,800,000 or more, in
13-49 an action under this code [title], the department shall be
13-50 represented in court by [the]:
13-51 (1) the attorney who represents the state in civil
13-52 cases in the district or county court of the county where the
13-53 action is brought; or
13-54 (2) if the case is one in which a conflict of interest
13-55 or special circumstances exists, an attorney employed by the
13-56 department or who has contracted with the department under
13-57 Subsection (c) to provide representation [attorney general].
13-58 (c) The department may contract with a county attorney, a
13-59 district attorney, a criminal district attorney, the attorney
13-60 general, or a private attorney to provide reimbursement from any
13-61 available state or federal funds of the costs of representing the
13-62 department in an action under this code.
13-63 SECTION 25. Subchapter B, Chapter 264, Family Code, is
13-64 amended by adding Sections 264.110 and 264.111 to read as follows:
13-65 Sec. 264.110. ADOPTION AND SUBSTITUTE INFORMATION. (a) The
13-66 department shall maintain in the department's central database
13-67 information concerning children placed in the department's custody,
13-68 including:
13-69 (1) for each formal adoption of a child in this state:
14-1 (A) the length of time between the date of the
14-2 permanency plan decision of adoption and the date of the actual
14-3 placement of the child with an adoptive family;
14-4 (B) the length of time between the date of the
14-5 placement of the child for adoption and the date a final order of
14-6 adoption was rendered;
14-7 (C) if the child returned to the department's
14-8 custody after the date a final order of adoption was rendered for
14-9 the child, the time between the date the final adoption order was
14-10 rendered and the date the child returned to the department's
14-11 custody; and
14-12 (D) for the adoptive family of a child under
14-13 Paragraph (C), whether the family used postadoption program
14-14 services before the date the child returned to the department's
14-15 custody; and
14-16 (2) for each placement of a child in substitute care:
14-17 (A) the level of care the child was determined
14-18 to require;
14-19 (B) whether the child was placed in an
14-20 appropriate setting based on the level of care determined for the
14-21 child;
14-22 (C) the number of moves for the child in
14-23 substitute care and the reasons for moving the child;
14-24 (D) the length of stay in substitute care for
14-25 the child from the date of initial placement to the date of
14-26 approval of a permanency plan for the child;
14-27 (E) the length of time between the date of
14-28 approval of a permanency plan for the child and the date of
14-29 achieving the plan;
14-30 (F) whether the child's permanency plan was
14-31 long-term substitute care;
14-32 (G) whether the child's achieved permanency plan
14-33 was placement with an appropriate relative or another person, other
14-34 than a foster parent, having standing; and
14-35 (H) whether the child was adopted by the child's
14-36 foster parents.
14-37 (b) In addition to the information required in Subsection
14-38 (a), the department shall compile information on:
14-39 (1) the number of families that used postadoption
14-40 program services to assist in maintaining adoptive placements;
14-41 (2) the number of children returned to the
14-42 department's custody after placement with an adoptive family but
14-43 before a final adoption order was rendered;
14-44 (3) the number of children returned to the
14-45 department's custody after the date a final order of adoption was
14-46 rendered for the child;
14-47 (4) the number of adoptive families who used
14-48 postadoption program services before the date a child placed with
14-49 the family returned to the department's custody;
14-50 (5) the percentage of children who were placed in an
14-51 appropriate setting based on the level of care determined for the
14-52 child;
14-53 (6) the percentage of children placed in a department
14-54 foster home;
14-55 (7) the percentage of children placed in a private
14-56 child-placing agency;
14-57 (8) the number of children whose permanency plan was
14-58 long-term substitute care;
14-59 (9) the number of children whose achieved permanency
14-60 plan was placement with an appropriate relative or another person,
14-61 other than a foster parent, having standing;
14-62 (10) the number of children adopted by the child's
14-63 foster parents; and
14-64 (11) the number of children whose achieved permanency
14-65 plan was removal of the disabilities of minority.
14-66 (c) The department shall make the information maintained
14-67 under this section, other than information that is required by law
14-68 to be confidential, available to the public by computer.
14-69 Sec. 264.111. REPORT ON CHILDREN IN SUBSTITUTE CARE.
15-1 (a) The department shall report the status for children in
15-2 substitute care to the Board of Protective and Regulatory Services
15-3 at least once every 12 months.
15-4 (b) The report shall analyze the length of time the children
15-5 have been in substitute care and the barriers to placing the
15-6 children for adoption or returning the children to the children's
15-7 parents.
15-8 SECTION 26. Subchapter C, Chapter 264, Family Code, is
15-9 amended by adding Sections 264.206 and 264.207 to read as follows:
15-10 Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. The department
15-11 shall begin its efforts to locate qualified persons to adopt a
15-12 child, including persons registered with the adoptive parent
15-13 registry under Subchapter B, at the time the department's
15-14 permanency plan for the child becomes the termination of the
15-15 parent-child relationship.
15-16 Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY.
15-17 (a) The department shall adopt policies that provide for the
15-18 improvement of the department's services for children and families,
15-19 including policies that provide for conducting a home study within
15-20 four months after the date an applicant is approved for an adoption
15-21 and documenting the results of the home study within 30 days after
15-22 the date the study is completed. The policies adopted under this
15-23 section must:
15-24 (1) be designed to increase the accountability of the
15-25 department to individuals who receive services and to the public;
15-26 and
15-27 (2) assure consistency of services provided by the
15-28 department in the different regions of the state.
15-29 (b) To accomplish the goals stated in Subsection (a), the
15-30 department shall:
15-31 (1) establish time frames for the initial screening of
15-32 families seeking to adopt children;
15-33 (2) provide for the evaluation of the effectiveness of
15-34 the department's management-level employees in expeditiously making
15-35 permanent placements for children;
15-36 (3) establish, as feasible, comprehensive assessment
15-37 service centers in various locations in the state to determine the
15-38 needs of children and families served by the department; and
15-39 (4) emphasize and centralize the monitoring and
15-40 promoting of the permanent placement of children receiving
15-41 department services.
15-42 SECTION 27. Subsection (a), Section 264.603, Family Code, is
15-43 amended to read as follows:
15-44 (a) The attorney general shall contract with one statewide
15-45 organization of individuals or groups of individuals who have
15-46 expertise in the dynamics of child abuse and neglect and experience
15-47 in operating volunteer advocate programs to provide training,
15-48 technical assistance, and evaluation services for the benefit of
15-49 local volunteer advocate programs. The contract shall require
15-50 measurable goals and objectives for expanding local volunteer child
15-51 advocate programs to areas of the state in which those programs do
15-52 not exist.
15-53 SECTION 28. Subchapter C, Chapter 72, Government Code, is
15-54 amended by adding Section 72.028 to read as follows:
15-55 Sec. 72.028. REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY
15-56 LAW CASES. (a) Not later than December 1 of each year, the office
15-57 shall prepare and submit a report on judicial efficiency in cases
15-58 brought by the Department of Protective and Regulatory Services
15-59 under Title 5, Family Code, to the governor, the lieutenant
15-60 governor, the speaker of the house of representatives, and the
15-61 chief justice of the supreme court.
15-62 (b) The report must cover a one-year period beginning
15-63 September 1 of the preceding year and must include the following
15-64 information about cases brought by the Department of Protective and
15-65 Regulatory Services under Title 5, Family Code:
15-66 (1) recommended docket management procedures and
15-67 reporting requirements for the cases;
15-68 (2) an assessment of the need for mandated judicial
15-69 review of the cases at three-month intervals after the termination
16-1 of parental rights to monitor the adoption process;
16-2 (3) the extent to which continuances are granted in
16-3 the cases;
16-4 (4) the promptness of hearings in the cases;
16-5 (5) a list of courts that give priority to the cases;
16-6 and
16-7 (6) a list of all judges and associate judges in this
16-8 state who preside over the cases.
16-9 (c) The Department of Protective and Regulatory Services
16-10 shall provide all necessary information in the department's
16-11 possession that is required by the office in the preparation of the
16-12 report.
16-13 SECTION 29. This Act takes effect September 1, 1997.
16-14 SECTION 30. (a) The change in law made by Section 3 of this
16-15 Act applies to an attorney ad litem appointed on or after the
16-16 effective date of this Act.
16-17 (b) The Office of Court Administration of the Texas Judicial
16-18 System shall submit the first report under Section 72.028,
16-19 Government Code, as added by Section 28 of this Act, not later than
16-20 December 1, 1999.
16-21 (c) The change in law made by Section 7 of this Act
16-22 regarding the termination of the parent-child relationship applies
16-23 only to a suit affecting the parent-child relationship in which
16-24 termination of the parent-child relationship is sought filed on or
16-25 after the effective date of this Act. A suit affecting the
16-26 parent-child relationship in which termination of the parent-child
16-27 relationship is sought filed before the effective date of this Act
16-28 is governed by the law in effect on the date the suit was filed,
16-29 and the former law is continued in effect for that purpose.
16-30 SECTION 31. (a) The change in law made by Sections 10
16-31 through 23 of this Act take effect January 1, 1998.
16-32 (b) Except as provided by Subsection (c) of this section,
16-33 Sections 10 through 23 of this Act apply to a pending suit
16-34 affecting the parent-child relationship regardless of whether the
16-35 suit was commenced before, on, or after the effective date of this
16-36 Act.
16-37 (c) If the Department of Protective and Regulatory Services
16-38 has been appointed temporary managing conservator of a child before
16-39 the effective date of this Act, the court shall establish a date
16-40 for dismissal of the suit not later than the second anniversary of
16-41 the date of the next hearing conducted under Chapter 263, Family
16-42 Code, unless the court has rendered a final order before the
16-43 dismissal date.
16-44 SECTION 32. The importance of this legislation and the
16-45 crowded condition of the calendars in both houses create an
16-46 emergency and an imperative public necessity that the
16-47 constitutional rule requiring bills to be read on three several
16-48 days in each house be suspended, and this rule is hereby suspended.
16-49 * * * * *