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. Subsection (c), Section 262.201, Family Code, is
1-5 amended to read as follows:
1-6 (c) If the court finds sufficient evidence to satisfy a
1-7 person of ordinary prudence and caution that there is a continuing
1-8 danger to the physical health or safety of the child and for the
1-9 child to remain in the home is contrary to the welfare of the
1-10 child, the court shall:
1-11 (1) issue an appropriate temporary order under Chapter
1-12 105; and
1-13 (2) inform each parent in open court that parental and
1-14 custodial rights and duties may be subject to restriction or to
1-15 termination unless the parent or parents are willing and able to
1-16 provide the child with a safe environment.
1-17 SECTION 2. Subchapter A, Chapter 263, Family Code, is
1-18 amended by adding Section 263.006 to read as follows:
1-19 Sec. 263.006. WARNING TO PARENTS. At the status hearing
1-20 under Subchapter C and at each permanency hearing under Subchapter
1-21 D held after the court has rendered a temporary order appointing
1-22 the department as temporary managing conservator, the court shall
1-23 inform each parent in open court that parental and custodial rights
2-1 and duties may be subject to restriction or to termination unless
2-2 the parent or parents are willing and able to provide the child
2-3 with a safe environment.
2-4 SECTION 3. Section 263.201, Family Code, is amended to read
2-5 as follows:
2-6 Sec. 263.201. STATUS HEARING; TIME. Not later than the 60th
2-7 day after the date the court renders a temporary order appointing
2-8 the department as temporary managing conservator of a child [of a
2-9 full adversary hearing under Chapter 262], the court shall hold a
2-10 status hearing to review the child's status and the permanency plan
2-11 developed for the child.
2-12 SECTION 4. The heading to Subchapter D, Chapter 263, Family
2-13 Code, is amended to read as follows:
2-14 SUBCHAPTER D. PERMANENCY [REVIEW] HEARINGS
2-15 SECTION 5. Subsections (a) and (b), Section 263.301, Family
2-16 Code, are amended to read as follows:
2-17 (a) Notice of a permanency [review] hearing shall be given
2-18 as provided by Rule 21a, Texas Rules of Civil Procedure, to all
2-19 persons entitled to notice of the hearing.
2-20 (b) The following persons are entitled to at least 10 days'
2-21 notice of a permanency hearing [to review a child's placement] and
2-22 are entitled to present evidence and be heard at the hearing:
2-23 (1) the department;
2-24 (2) the foster parent or director of the group home or
2-25 institution where the child is residing;
3-1 (3) each parent of the child;
3-2 (4) the managing conservator or guardian of the child;
3-3 [and]
3-4 (5) an attorney ad litem appointed for the child under
3-5 Chapter 107;
3-6 (6) a volunteer advocate appointed for the child under
3-7 Chapter 107; and
3-8 (7) any other person or agency named by the court to
3-9 have an interest in the child's welfare.
3-10 SECTION 6. Section 263.302, Family Code, is amended to read
3-11 as follows:
3-12 Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The [court may
3-13 dispense with the attendance of the] child shall attend each
3-14 permanency hearing unless the court specifically excuses the
3-15 child's attendance. Failure by the child to attend a hearing does
3-16 not affect the validity of an order rendered at the [at a placement
3-17 review] hearing.
3-18 SECTION 7. Subchapter D, Chapter 263, Family Code, is
3-19 amended by adding Section 263.3025 to read as follows:
3-20 Sec. 263.3025. PERMANENCY PLAN. (a) The department shall
3-21 prepare a permanency plan for a child for whom the department has
3-22 been appointed temporary managing conservator. The department
3-23 shall give a copy of the plan to each person entitled to notice
3-24 under Section 263.301(b) not later than the 10th day before the
3-25 date of the child's first permanency hearing.
4-1 (b) In addition to the requirements of the department rules
4-2 governing permanency planning, the permanency plan must contain the
4-3 information required to be included in a permanency progress report
4-4 under Section 263.303.
4-5 (c) The department shall modify the permanency plan for a
4-6 child as required by the circumstances and needs of the child.
4-7 SECTION 8. Section 263.303, Family Code, is amended to read
4-8 as follows:
4-9 Sec. 263.303. PERMANENCY PROGRESS [STATUS] REPORT. (a) Not
4-10 later than the 10th day before the date set for each permanency
4-11 hearing other than the first permanency [review] hearing, the
4-12 department or other authorized agency shall file with the court and
4-13 provide to each party, the child's attorney ad litem, and the
4-14 child's volunteer advocate a permanency progress [status] report
4-15 unless the court orders a different period for providing the report
4-16 [or orders that a report is not required for a specific hearing].
4-17 (b) The permanency progress [status] report must:
4-18 (1) recommend that the suit be dismissed; or
4-19 (2) recommend that the suit continue, and:
4-20 (A) identify the date for dismissal of the suit
4-21 under this chapter;
4-22 (B) provide:
4-23 (i) the name of any person entitled to
4-24 notice under Chapter 102 who has not been served;
4-25 (ii) a description of the efforts by the
5-1 department or another agency to locate and request service of
5-2 citation; and
5-3 (iii) a description of each parent's
5-4 assistance in providing information necessary to locate an unserved
5-5 party;
5-6 (C) evaluate [all relevant information
5-7 concerning each of the guidelines under this chapter and] the
5-8 parties' compliance with temporary orders and with the service
5-9 plan;
5-10 (D) evaluate whether the child's placement in
5-11 substitute care meets the child's needs and recommend other plans
5-12 or services to meet the child's special needs or circumstances;
5-13 (E) describe the permanency plan for the child
5-14 and recommend actions necessary to ensure that a final order
5-15 consistent with that permanency plan is rendered before the date
5-16 for dismissal of the suit under this chapter; and
5-17 (F) [(2) recommend one of the following actions:]
5-18 [(A) that the child be returned to the child's
5-19 home and that the suit be dismissed;]
5-20 [(B) that the child be returned to the child's
5-21 home with the department or other agency retaining conservatorship;]
5-22 [(C) that the child remain in substitute care
5-23 for a specified period and that the child's parents continue to
5-24 work toward providing the child with a safe environment;]
5-25 [(D) that the child remain in substitute care
6-1 for a specified period and that termination of parental rights be
6-2 sought under this code;]
6-3 [(E) that a child who has resided in substitute
6-4 care for at least 18 months be placed or remain in permanent or
6-5 long-term substitute care because of the child's special needs or
6-6 circumstances; or]
6-7 [(F) that other plans be made or other services
6-8 provided in accordance with the child's special needs or
6-9 circumstances; and]
6-10 [(3)] with respect to a child 16 years of age or
6-11 older, identify the services needed to assist the child in the
6-12 transition to adult life.
6-13 (c) A parent whose parental rights are the subject of a suit
6-14 affecting the parent-child relationship, the attorney for that
6-15 parent, or the child's attorney ad litem or guardian ad litem may
6-16 file a response to the department's or other agency's report filed
6-17 under Subsection (b). A response must be filed not later than the
6-18 third day before the date of the hearing.
6-19 SECTION 9. Section 263.304, Family Code, is amended to read
6-20 as follows:
6-21 Sec. 263.304. INITIAL PERMANENCY [REVIEW] HEARING; TIME.
6-22 Not later than the 180th day after the date the court renders a
6-23 temporary order appointing the department as temporary managing
6-24 conservator of a child [of the conclusion of the full adversary
6-25 hearing under Chapter 262], the court shall hold a permanency
7-1 hearing to review the status of, and permanency plan for, the [a]
7-2 child to ensure that a final order consistent with that permanency
7-3 plan is rendered before the date for dismissal of the suit under
7-4 this chapter [in substitute care in the court's jurisdiction,
7-5 including the time for the completion of the plan and the projected
7-6 date for the achievement of the child's permanency plan].
7-7 SECTION 10. Section 263.305, Family Code, is amended to read
7-8 as follows:
7-9 Sec. 263.305. SUBSEQUENT PERMANENCY [REVIEW] HEARINGS. A
7-10 subsequent permanency hearing before entry of a final order
7-11 [Subsequent review hearings] shall be held [not earlier than 5 1/2
7-12 months and] not later than the 120th day [seven months] after the
7-13 date of the last permanency hearing in the suit. For [unless,
7-14 for] good cause shown or on the court's own motion, the court may
7-15 order more frequent hearings [by a party, an earlier hearing is
7-16 approved by the court].
7-17 SECTION 11. Section 263.306, Family Code, is amended to read
7-18 as follows:
7-19 Sec. 263.306. PERMANENCY [REVIEW] HEARINGS: PROCEDURE. At
7-20 each permanency [review] hearing the court shall [determine]:
7-21 (1) identify [the identity of] all persons or parties
7-22 present at the hearing or those given notice but failing to appear;
7-23 (2) review the efforts of the department or another
7-24 agency in:
7-25 (A) attempting to locate all necessary persons;
8-1 (B) requesting service of citation; and
8-2 (C) obtaining the assistance of a parent in
8-3 providing information necessary to locate an absent parent;
8-4 (3) return the child to the parent or parents if
8-5 [whether] the child's parent or parents are willing and able to
8-6 provide the child with a safe environment and the return of the
8-7 child is in the child's best interest;
8-8 (4) place the child with a person or entity, other
8-9 than a parent, entitled to service under Chapter 102 if the person
8-10 or entity is willing and able to provide the child with a safe
8-11 environment and the return of the child is in the child's best
8-12 interest;
8-13 (5) evaluate the department's efforts to identify
8-14 relatives who could provide the child with a safe environment, if
8-15 the child is not returned to a parent or another person or entity
8-16 entitled to service under Chapter 102;
8-17 (6) evaluate the parties' compliance with temporary
8-18 orders and [(3) the extent to which the child's parents have taken
8-19 the necessary actions or responsibilities toward achieving the plan
8-20 goal during the period of the service plan and the extent to which
8-21 the department or other authorized agency has provided assistance
8-22 to the parents as provided in] the service plan;
8-23 (7) determine [(4)] whether:
8-24 (A) the child continues to need substitute care;
8-25 (B) [and whether] the child's current placement
9-1 is appropriate for meeting the child's needs; and
9-2 (C) other plans or services are needed to meet
9-3 the child's special needs or circumstances;
9-4 (8) if the child is placed in institutional care,
9-5 determine whether efforts have been made to ensure placement of the
9-6 child in the least restrictive environment consistent with the best
9-7 interest and special needs of the child;
9-8 (9) if the child is 16 years of age or older, order
9-9 services that are needed to assist the child in making the
9-10 transition from substitute care to independent living if the
9-11 services are available in the community;
9-12 (10) determine plans, services, and further temporary
9-13 orders necessary to ensure that a final order is rendered before
9-14 the date for dismissal of the suit under this chapter; and
9-15 (11) determine the date for dismissal of the suit
9-16 under this chapter and give notice in open court to all parties of:
9-17 (A) the dismissal date;
9-18 (B) the date of the next permanency hearing; and
9-19 (C) the date the suit is set for trial.
9-20 [(5) a date for achieving the child's permanency plan;]
9-21 [(6) if the child has been in substitute care for not
9-22 less than 18 months, the future status of the child and the
9-23 appropriateness of the date by which the child may return home and
9-24 whether to render further appropriate orders;]
9-25 [(7) if the child is in substitute care outside the
10-1 state, whether the out-of-state placement continues to be
10-2 appropriate and in the best interest of the child;]
10-3 [(8) whether the child's parents are willing and able
10-4 to provide the child with a safe environment without the assistance
10-5 of a service plan and, if so, return the child to the parents;]
10-6 [(9) whether the child's parents are willing and able
10-7 to provide the child with a safe environment with the assistance of
10-8 a service plan and, if so, return the child or continue the
10-9 placement of the child in the child's home under the department's
10-10 or other agency's supervision;]
10-11 [(10) whether the child's parents are presently
10-12 unwilling or unable to provide the child with a safe environment,
10-13 even with the assistance of a service plan, and, if so, order the
10-14 child to remain under the department's or other agency's managing
10-15 conservatorship for a period of time specified by the court;]
10-16 [(11) whether a long-term substitute care placement is
10-17 in the child's best interest because of the child's special needs
10-18 or circumstances and, if so, begin a long-term substitute care
10-19 placement and if the child is placed in institutional care, whether
10-20 efforts have been made to ensure placement of the child in the
10-21 least restrictive environment consistent with the best interest and
10-22 special needs of the child;]
10-23 [(12) whether a child is 16 years of age or older and,
10-24 if so, order the services that are needed to assist the child in
10-25 making the transition from substitute care to independent living if
11-1 the services are available in the community;]
11-2 [(13) whether the child has been placed with the
11-3 department under a voluntary placement agreement and, if so, order
11-4 that the department will institute further proceedings or return
11-5 the child to the parents;]
11-6 [(14) whether the department or authorized agency has
11-7 custody, care, and control of the child under an affidavit of
11-8 relinquishment of parental rights naming the department managing
11-9 conservator and, if so, direct the department or authorized agency
11-10 to institute further proceedings; and]
11-11 [(15) whether parental rights to the child have been
11-12 terminated and, if so, determine whether the department or
11-13 authorized agency will attempt to place the child for adoption.]
11-14 SECTION 12. Chapter 263, Family Code, is amended by adding
11-15 Subchapters E and F to read as follows:
11-16 SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE
11-17 Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION.
11-18 (a) Unless the court has rendered a final order or granted an
11-19 extension under Subsection (b), on the first Monday after the first
11-20 anniversary of the date the court rendered a temporary order
11-21 appointing the department as temporary managing conservator, the
11-22 court shall dismiss the suit affecting the parent-child
11-23 relationship filed by the department that requests termination of
11-24 the parent-child relationship or requests that the department be
11-25 named conservator of the child.
12-1 (b) On or before the time described by Subsection (a) for
12-2 the dismissal of the suit, the court may extend the court's
12-3 jurisdiction of the suit for a period stated in the extension
12-4 order, but not longer than 180 days after the time described by
12-5 Subsection (a), if the court has continuing jurisdiction of the
12-6 suit and the appointment of the department as temporary managing
12-7 conservator is in the best interest of the child. If the court
12-8 grants an extension, the extension order must also:
12-9 (1) schedule the new date for dismissal of the suit;
12-10 and
12-11 (2) make further temporary orders for the safety and
12-12 welfare of the child as necessary to avoid further delay in
12-13 resolving the suit.
12-14 (c) If the court grants an extension, the court shall render
12-15 a final order or dismiss the suit on or before the date specified
12-16 in the extension order and may not grant an additional extension.
12-17 (d) For purposes of this section, a final order is an order
12-18 that:
12-19 (1) requires that a child be returned to the child's
12-20 parent;
12-21 (2) names a relative of the child or another person as
12-22 the child's managing conservator;
12-23 (3) without terminating the parent-child relationship,
12-24 appoints the department as the managing conservator of the child;
12-25 or
13-1 (4) terminates the parent-child relationship and
13-2 appoints a relative of the child, another suitable person, or the
13-3 department as managing conservator of the child.
13-4 Sec. 263.402. RETURN OF CHILD TO PARENT OR PLACEMENT WITH
13-5 RELATIVE. (a) Notwithstanding Section 263.401, the court may
13-6 retain jurisdiction and not dismiss the suit or render a final
13-7 order as required by that section if the court renders a temporary
13-8 order that:
13-9 (1) finds that retaining jurisdiction under this
13-10 section is in the best interest of the child;
13-11 (2) orders the department to return the child to the
13-12 child's parent or to place the child with a relative of the child;
13-13 (3) orders the department to continue to serve as
13-14 temporary managing conservator of the child; and
13-15 (4) orders the department to monitor the child's
13-16 placement to ensure that the child is in a safe environment.
13-17 (b) If the court renders an order under this section, the
13-18 court shall:
13-19 (1) include in the order specific findings regarding
13-20 the grounds for the order; and
13-21 (2) schedule a new date, not later than the 180th day
13-22 after the date the temporary order is rendered, for dismissal of
13-23 the suit.
13-24 (c) If a child placed with a parent or relative under this
13-25 section must be moved from that home by the department before the
14-1 dismissal of the suit or the rendering of a final order, the court
14-2 shall, at the time of the move, schedule a new date for dismissal
14-3 of the suit. The new dismissal date may not be later than the
14-4 original dismissal date established under Section 263.401 or the
14-5 180th day after the date the child is moved under this subsection,
14-6 whichever date is later.
14-7 (d) If the court renders an order under this section, the
14-8 court must include in the order specific findings regarding the
14-9 grounds for the order.
14-10 Sec. 263.403. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
14-11 CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court
14-12 may render a final order appointing the department as managing
14-13 conservator of the child without terminating the rights of the
14-14 parent of the child if the court finds that:
14-15 (1) appointment of a parent as managing conservator
14-16 would not be in the best interest of the child because the
14-17 appointment would significantly impair the child's physical health
14-18 or emotional development; and
14-19 (2) it would not be in the best interest of the child
14-20 to appoint a relative of the child or another person as managing
14-21 conservator.
14-22 (b) In determining whether the department should be
14-23 appointed as managing conservator of the child without terminating
14-24 the rights of a parent of the child, the court shall take the
14-25 following factors into consideration:
15-1 (1) that the child will reach 18 years of age in not
15-2 less than three years;
15-3 (2) that the child is 12 years of age or older and has
15-4 expressed a strong desire against termination or being adopted;
15-5 (3) that the child has special medical or behavioral
15-6 needs that make adoption of the child unlikely; and
15-7 (4) the needs and desires of the child.
15-8 (Sections 263.404-263.500 reserved for expansion
15-9 SUBCHAPTER F. PLACEMENT REVIEW HEARINGS
15-10 Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If
15-11 the department has been named as a child's managing conservator in
15-12 a final order that does not include termination of parental rights,
15-13 the court shall conduct a placement review hearing at least once
15-14 every six months until the child becomes an adult.
15-15 (b) If the department has been named as a child's managing
15-16 conservator in a final order that terminates a parent's parental
15-17 rights, the court shall conduct a placement review hearing at least
15-18 once every six months until the date the child is adopted or the
15-19 child becomes an adult.
15-20 (c) Notice of a placement review hearing shall be given as
15-21 provided by Rule 21a, Texas Rules of Civil Procedure, to each
15-22 person entitled to notice of the hearing.
15-23 (d) The following are entitled to not less than 10 days'
15-24 notice of a placement review hearing:
15-25 (1) the department;
16-1 (2) the foster parent or director of the group home or
16-2 institution in which the child is residing;
16-3 (3) each parent of the child;
16-4 (4) each possessory conservator or guardian of the
16-5 child;
16-6 (5) the child's attorney ad litem and volunteer
16-7 advocate, if the appointments were not dismissed in the final
16-8 order; and
16-9 (6) any other person or agency named by the court as
16-10 having an interest in the child's welfare.
16-11 (e) The court may dispense with the requirement that the
16-12 child attend a placement review hearing.
16-13 Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than
16-14 the 10th day before the date set for a placement review hearing,
16-15 the department or other authorized agency shall file a placement
16-16 review report with the court and provide a copy to each person
16-17 entitled to notice under Section 263.501(d).
16-18 (b) For good cause shown, the court may order a different
16-19 time for filing the placement review report or may order that a
16-20 report is not required for a specific hearing.
16-21 (c) The placement review report must:
16-22 (1) evaluate whether the child's current placement is
16-23 appropriate for meeting the child's needs;
16-24 (2) evaluate whether efforts have been made to ensure
16-25 placement of the child in the least restrictive environment
17-1 consistent with the best interest and special needs of the child if
17-2 the child is placed in institutional care;
17-3 (3) identify the services that are needed to assist a
17-4 child who is at least 16 years of age in making the transition from
17-5 substitute care to independent living if the services are available
17-6 in the community;
17-7 (4) identify other plans or services that are needed
17-8 to meet the child's special needs or circumstances; and
17-9 (5) describe the efforts of the department or
17-10 authorized agency to place the child for adoption if parental
17-11 rights to the child have been terminated and the child is eligible
17-12 for adoption.
17-13 Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At each
17-14 placement review hearing, the court shall determine whether:
17-15 (1) the child's current placement is appropriate for
17-16 meeting the child's needs;
17-17 (2) efforts have been made to ensure placement of the
17-18 child in the least restrictive environment consistent with the best
17-19 interest and special needs of the child if the child is placed in
17-20 institutional care;
17-21 (3) the services that are needed to assist a child who
17-22 is at least 16 years of age in making the transition from
17-23 substitute care to independent living are available in the
17-24 community;
17-25 (4) other plans or services are needed to meet the
18-1 child's special needs or circumstances; and
18-2 (5) the department or authorized agency has exercised
18-3 due diligence in attempting to place the child for adoption if
18-4 parental rights to the child have been terminated and the child is
18-5 eligible for adoption.
18-6 SECTION 13. Sections 263.308 and 263.309, Family Code, are
18-7 repealed.
18-8 SECTION 14. (a) The change in law made by this Act takes
18-9 effect January 1, 1998.
18-10 (b) Except as provided by Subsection (c) of this section,
18-11 this Act applies to a pending suit affecting the parent-child
18-12 relationship regardless of whether the suit was commenced before,
18-13 on, or after the effective date of this Act.
18-14 (c) If the Department of Protective and Regulatory Services
18-15 has been appointed temporary managing conservator of a child before
18-16 January 1, 1998, the court shall at the first hearing conducted on
18-17 or after that date under Chapter 263, Family Code, establish a date
18-18 for dismissal of the suit not later than the second anniversary of
18-19 the date of the hearing, unless the court has rendered a final
18-20 order before the dismissal date.
18-21 SECTION 15. The importance of this legislation and the
18-22 crowded condition of the calendars in both houses create an
18-23 emergency and an imperative public necessity that the
18-24 constitutional rule requiring bills to be read on three several
18-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 181 passed the Senate on
April 8, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 181 passed the House, with
amendment, on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor