75R13488 MCK-D                          

         By Shapiro                                             S.B. No. 181

         Substitute the following for S.B. No. 181:

         By Goodman                                         C.S.S.B. No. 181

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the parent-child relationship, suits affecting the

 1-3     parent-child relationship, and the protection of children.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.   Subsection (c), Section 262.201, Family Code, is

 1-6     amended to read as follows:

 1-7           (c)  If the court finds sufficient evidence to satisfy a

 1-8     person of ordinary prudence and caution that there is a continuing

 1-9     danger to the physical health or safety of the child and for the

1-10     child to remain in the home is contrary to the welfare of the

1-11     child, the court shall:

1-12                 (1)  issue an appropriate temporary order under Chapter

1-13     105; and

1-14                 (2)  inform each parent in open court that parental and

1-15     custodial rights and duties may be subject to restriction or to

1-16     termination unless the parent or parents are willing and able to

1-17     provide the child with a safe environment.

1-18           SECTION 2.   Subchapter A, Chapter 263, Family Code, is

1-19     amended by adding Section 263.006 to read as follows:

1-20           Sec. 263.006.  WARNING TO PARENTS.  At the status hearing

1-21     under Subchapter C and at each permanency hearing under Subchapter

1-22     D held after the court has rendered a temporary order appointing

1-23     the department as temporary managing conservator, the court shall

1-24     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;

2-26                 (3)  each parent of the child;

2-27                 (4)  the managing conservator or guardian of the child;

 3-1     [and]

 3-2                 (5)  an attorney ad litem appointed for the child under

 3-3     Chapter 107;

 3-4                 (6)  a volunteer advocate appointed for the child under

 3-5     Chapter 107; and

 3-6                 (7)  any other person or agency named by the court to

 3-7     have an interest in the child's welfare.

 3-8           SECTION 6.   Section 263.302, Family Code, is amended to read

 3-9     as follows:

3-10           Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING.  The [court may

3-11     dispense with the attendance of the] child shall attend each

3-12     permanency hearing unless the court specifically excuses the

3-13     child's attendance.  Failure by the child to attend a hearing does

3-14     not affect the validity of an order rendered at the [at a placement

3-15     review] hearing.

3-16           SECTION 7.   Subchapter D, Chapter 263, Family Code, is

3-17     amended by adding Section 263.3025 to read as follows:

3-18           Sec. 263.3025.  PERMANENCY PLAN.  (a)  The department shall

3-19     prepare a permanency plan for a child for whom the department has

3-20     been appointed temporary managing conservator.  The department

3-21     shall give a copy of the plan to each person entitled to notice

3-22     under Section 263.301(b) not later than the 10th day before the

3-23     date of the child's first permanency hearing.

3-24           (b)  In addition to the requirements of the department rules

3-25     governing permanency planning, the permanency plan must contain the

3-26     information required to be included in a permanency progress report

3-27     under Section 263.303.

 4-1           (c)  The department shall modify the permanency plan for a

 4-2     child as required by the circumstances and needs of the child.

 4-3           SECTION 8.   Section 263.303, Family Code, is amended to read

 4-4     as follows:

 4-5           Sec. 263.303.  PERMANENCY PROGRESS [STATUS] REPORT.  (a)  Not

 4-6     later than the 10th day before the date set for each permanency

 4-7     hearing other than the first permanency [review] hearing, the

 4-8     department or other authorized agency shall file with the court and

 4-9     provide to each party, the child's attorney ad litem, and the

4-10     child's volunteer advocate a permanency progress [status] report

4-11     unless the court orders a different period for providing the report

4-12     [or orders that a report is not required for a specific hearing].

4-13           (b)  The permanency progress [status] report must:

4-14                 (1)  recommend that the suit be dismissed; or

4-15                 (2)  recommend that the suit continue, and:

4-16                       (A)  identify the date for dismissal of the suit

4-17     under this chapter;

4-18                       (B)  provide:

4-19                             (i)  the name of any person entitled to

4-20     notice under Chapter 102 who has not been served;

4-21                             (ii)  a description of the efforts by the

4-22     department or another agency to locate and request service of

4-23     citation; and

4-24                             (iii)  a description of each parent's

4-25     assistance in providing information necessary to locate an unserved

4-26     party;

4-27                       (C)  evaluate [all relevant information

 5-1     concerning each of the guidelines under this chapter and] the

 5-2     parties' compliance with temporary orders and with the service

 5-3     plan;

 5-4                       (D)  evaluate whether the child's placement in

 5-5     substitute care meets the child's needs and recommend other plans

 5-6     or services to meet the child's special needs or circumstances;

 5-7                       (E)  describe the permanency plan for the child

 5-8     and recommend actions necessary to ensure that a final order

 5-9     consistent with that permanency plan is rendered before the date

5-10     for dismissal of the suit under this chapter; and

5-11                       (F) [(2)  recommend one of the following actions:]

5-12                       [(A)  that the child be returned to the child's

5-13     home and that the suit be dismissed;]

5-14                       [(B)  that the child be returned to the child's

5-15     home with the department or other agency retaining conservatorship;]

5-16                       [(C)  that the child remain in substitute care

5-17     for a specified period and that the child's parents continue to

5-18     work toward providing the child with a safe environment;]

5-19                       [(D)  that the child remain in substitute care

5-20     for a specified period and that termination of parental rights be

5-21     sought under this code;]

5-22                       [(E)  that a child who has resided in substitute

5-23     care for at least 18 months be placed or remain in permanent or

5-24     long-term substitute care because of the child's special needs or

5-25     circumstances; or]

5-26                       [(F)  that other plans be made or other services

5-27     provided in accordance with the child's special needs or

 6-1     circumstances; and]

 6-2                 [(3)]  with respect to a child 16 years of age or

 6-3     older, identify the services needed to assist the child in the

 6-4     transition to adult life.

 6-5           (c)  A parent whose parental rights are the subject of a suit

 6-6     affecting the parent-child relationship, the attorney for that

 6-7     parent, or the child's attorney ad litem or guardian ad litem may

 6-8     file a response to the department's or other agency's report filed

 6-9     under Subsection (b).  A response must be filed not later than the

6-10     third day before the date of the hearing.

6-11           SECTION 9.   Section 263.304, Family Code, is amended to read

6-12     as follows:

6-13           Sec. 263.304.  INITIAL PERMANENCY [REVIEW] HEARING; TIME.

6-14     Not later than the 180th day after the date the court renders a

6-15     temporary order appointing the department as temporary managing

6-16     conservator of a child [of the conclusion of the full adversary

6-17     hearing under Chapter 262], the court shall hold a permanency

6-18     hearing to review the status of, and permanency plan for, the [a]

6-19     child to ensure that a final order consistent with that permanency

6-20     plan is rendered before the date for dismissal of the suit under

6-21     this chapter [in substitute care in the court's jurisdiction,

6-22     including the time for the completion of the plan and the projected

6-23     date for the achievement of the child's permanency plan].

6-24           SECTION 10.   Section 263.305, Family Code, is amended to

6-25     read as follows:

6-26           Sec. 263.305.  SUBSEQUENT PERMANENCY [REVIEW] HEARINGS.  A

6-27     subsequent permanency hearing before entry of a final order

 7-1     [Subsequent review hearings] shall be held [not earlier than 5 1/2

 7-2     months and] not later than the 120th day [seven months] after the

 7-3     date of  the last permanency hearing in the suit.  For [unless,

 7-4     for] good cause shown or on the court's own motion, the court may

 7-5     order more frequent hearings [by a party, an earlier hearing is

 7-6     approved by the court].

 7-7           SECTION 11.   Section 263.306, Family Code, is amended to

 7-8     read as follows:

 7-9           Sec. 263.306.  PERMANENCY [REVIEW] HEARINGS:  PROCEDURE.  At

7-10     each permanency [review] hearing the court shall [determine]:

7-11                 (1)  identify [the identity of] all persons or parties

7-12     present at the hearing or those given notice but failing to appear;

7-13                 (2)  review the efforts of the department or another

7-14     agency in:

7-15                       (A)  attempting to locate all necessary persons;

7-16                       (B)  requesting service of citation; and

7-17                       (C)  obtaining the assistance of a parent in

7-18     providing information necessary to locate an absent parent;

7-19                 (3)  return the child to the parent or parents if

7-20     [whether] the child's parent or parents are willing and able to

7-21     provide the child with a safe environment and the return of the

7-22     child is in the child's best interest;

7-23                 (4)  place the child with a person or entity, other

7-24     than a parent, entitled to service under Chapter 102 if the person

7-25     or entity is willing and able to provide the child with a safe

7-26     environment and the return of the child is in the child's best

7-27     interest;

 8-1                 (5)  evaluate the department's efforts to identify

 8-2     relatives who could provide the child with a safe environment, if

 8-3     the child is not returned to a parent or another person or entity

 8-4     entitled to service under Chapter 102;

 8-5                 (6)  evaluate the parties' compliance with temporary

 8-6     orders and [(3)  the extent to which the child's parents have taken

 8-7     the necessary actions or responsibilities toward achieving the plan

 8-8     goal during the period of the service plan and the extent to which

 8-9     the department or other authorized agency has provided assistance

8-10     to the parents as provided in] the service plan;

8-11                 (7)  determine [(4)] whether:

8-12                       (A)  the child continues to need substitute care;

8-13                       (B)  [and whether] the child's current placement

8-14     is appropriate for meeting the child's needs; and

8-15                       (C)  other plans or services are needed to meet

8-16     the child's special needs or circumstances;

8-17                 (8)  if the child is placed in institutional care,

8-18     determine whether efforts have been made to ensure placement of the

8-19     child in the least restrictive environment consistent with the best

8-20     interest and special needs of the child;

8-21                 (9)  if the child is 16 years of age or older, order

8-22     services that are needed to assist the child in making the

8-23     transition from substitute care to independent living if the

8-24     services are available in the community;

8-25                 (10)  determine plans, services, and further temporary

8-26     orders necessary to ensure that a final order is rendered before

8-27     the date for dismissal of the suit under this chapter; and

 9-1                 (11)  determine the date for dismissal of the suit

 9-2     under this chapter and give notice in open court to all parties of:

 9-3                       (A)  the dismissal date;

 9-4                       (B)  the date of the next permanency hearing; and

 9-5                       (C)  the date the suit is set for trial.

 9-6                 [(5)  a date for achieving the child's permanency plan;]

 9-7                 [(6)  if the child has been in substitute care for not

 9-8     less than 18 months, the future status of the child and the

 9-9     appropriateness of the date by which the child may return home and

9-10     whether to render further appropriate orders;]

9-11                 [(7)  if the child is in substitute care outside the

9-12     state, whether the out-of-state placement continues to be

9-13     appropriate and in the best interest of the child;]

9-14                 [(8)  whether the child's parents are willing and able

9-15     to provide the child with a safe environment without the assistance

9-16     of a service plan and, if so, return the child to the parents;]

9-17                 [(9)  whether the child's parents are willing and able

9-18     to provide the child with a safe environment with the assistance of

9-19     a service plan and, if so, return the child or continue the

9-20     placement of the child in the child's home under the department's

9-21     or other agency's supervision;]

9-22                 [(10)  whether the child's parents are presently

9-23     unwilling or unable to provide the child with a safe environment,

9-24     even with the assistance of a service plan, and, if so, order the

9-25     child to remain under the department's or other agency's managing

9-26     conservatorship for a period of time specified by the court;]

9-27                 [(11)  whether a long-term substitute care placement is

 10-1    in the child's best interest because of the child's special needs

 10-2    or circumstances and, if so, begin a long-term substitute care

 10-3    placement and if the child is placed in institutional care, whether

 10-4    efforts have been made to ensure placement of the child in the

 10-5    least restrictive environment consistent with the best interest and

 10-6    special needs of the child;]

 10-7                [(12)  whether a child is 16 years of age or older and,

 10-8    if so, order the services that are needed to assist the child in

 10-9    making the transition from substitute care to independent living if

10-10    the services are available in the community;]

10-11                [(13)  whether the child has been placed with the

10-12    department under a voluntary placement agreement and, if so, order

10-13    that the department will institute further proceedings or return

10-14    the child to the parents;]

10-15                [(14)  whether the department or authorized agency has

10-16    custody, care, and control of the child under an affidavit of

10-17    relinquishment of parental rights naming the department managing

10-18    conservator and, if so, direct the department or authorized agency

10-19    to institute further proceedings; and]

10-20                [(15)  whether parental rights to the child have been

10-21    terminated and, if so, determine whether the department or

10-22    authorized agency will attempt to place the child for adoption.]

10-23          SECTION 12.   Chapter 263, Family Code, is amended by adding

10-24    Subchapters E and F to read as follows:

10-25        SUBCHAPTER E.  FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE

10-26          Sec. 263.401.  DISMISSAL AFTER ONE YEAR; EXTENSION.

10-27    (a)  Unless the court has rendered a final order or granted an

 11-1    extension under Subsection (b), on the first Monday after the first

 11-2    anniversary of the date the court rendered a temporary order

 11-3    appointing the department as temporary managing conservator, the

 11-4    court shall dismiss the suit affecting the parent-child

 11-5    relationship filed by the department that requests termination of

 11-6    the parent-child relationship or requests that the department be

 11-7    named conservator of the child.

 11-8          (b)  On or before the time described by Subsection (a) for

 11-9    the dismissal of the suit, the court may extend the court's

11-10    jurisdiction of the suit for a period stated in the extension

11-11    order, but not longer than 180 days after the time described by

11-12    Subsection (a), if the court has continuing jurisdiction of the

11-13    suit and the appointment of the department as temporary managing

11-14    conservator is in the best interest of the child.  If the court

11-15    grants an extension, the extension order must also:

11-16                (1)  schedule the new date for dismissal of the suit;

11-17    and

11-18                (2)  make further temporary orders for the safety and

11-19    welfare of the child as necessary to avoid further delay in

11-20    resolving the suit.

11-21          (c)  If the court grants an extension, the court shall render

11-22    a final order or dismiss the suit on or before the date specified

11-23    in the extension order and may not grant an additional extension.

11-24          (d)  For purposes of this section, a final order is an order

11-25    that:

11-26                (1)  requires that a child be returned to the child's

11-27    parent;

 12-1                (2)  names a relative of the child or another person as

 12-2    the child's managing conservator;

 12-3                (3)  without terminating the parent-child relationship,

 12-4    appoints the department as the managing conservator of the child;

 12-5    or

 12-6                (4)  terminates the parent-child relationship and

 12-7    appoints a relative of the child, another suitable person, or the

 12-8    department as managing conservator of the child.

 12-9          Sec. 263.402.  RETURN OF CHILD TO PARENT OR PLACEMENT WITH

12-10    RELATIVE.  (a)  Notwithstanding Section 263.401, the court may

12-11    retain jurisdiction and not dismiss the suit or render a final

12-12    order as required by that section if the court renders a temporary

12-13    order that:

12-14                (1)  finds that retaining jurisdiction under this

12-15    section is in the best interest of the child;

12-16                (2)  orders the department to return the child to the

12-17    child's parent or to place the child with a relative of the child;

12-18                (3)  orders the department to continue to serve as

12-19    temporary managing conservator of the child; and

12-20                (4)  orders the department to monitor the child's

12-21    placement to ensure that the child is in a safe environment.

12-22          (b)  If the court renders an order under this section, the

12-23    court shall:

12-24                (1)  include in the order specific findings regarding

12-25    the grounds for the order; and

12-26                (2)  schedule a new date, not later than the 180th day

12-27    after the date the temporary order is rendered, for dismissal of

 13-1    the suit.

 13-2          (c)  If a child placed with a parent or relative under this

 13-3    section must be moved from that home by the department before the

 13-4    dismissal of the suit or the rendering of a final order, the court

 13-5    shall, at the time of the move, schedule a new date for dismissal

 13-6    of the suit.  The new dismissal date may not be later than the

 13-7    original dismissal date established under Section 263.401 or the

 13-8    180th day after the date the child is moved under this subsection,

 13-9    whichever date is later.

13-10          (d)  If the court renders an order under this section, the

13-11    court must include in the order specific findings regarding the

13-12    grounds for the order.

13-13          Sec. 263.403.  FINAL ORDER APPOINTING DEPARTMENT AS MANAGING

13-14    CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS.  (a)  The court

13-15    may render a final order appointing the department as managing

13-16    conservator of the child without terminating the rights of the

13-17    parent of the child if the court finds that:

13-18                (1)  appointment of a parent as managing conservator

13-19    would not be in the best interest of the child because the

13-20    appointment would significantly impair the child's physical health

13-21    or emotional development; and

13-22                (2)  it would not be in the best interest of the child

13-23    to appoint a relative of the child or another person as managing

13-24    conservator.

13-25          (b)  In determining whether the department should be

13-26    appointed as managing conservator of the child without terminating

13-27    the rights of a parent of the child, the court shall take the

 14-1    following factors into consideration:

 14-2                (1)  that the child will reach 18 years of age in not

 14-3    less than three years;

 14-4                (2)  that the child is 12 years of age or older and has

 14-5    expressed a strong desire against termination or being adopted;

 14-6                (3)  that the child has special medical or behavioral

 14-7    needs that make adoption of the child unlikely; and

 14-8                (4)  the needs and desires of the child.

 14-9             (Sections 263.404-263.500 reserved for expansion

14-10                 SUBCHAPTER F.  PLACEMENT REVIEW HEARINGS

14-11          Sec. 263.501.  PLACEMENT REVIEW AFTER FINAL ORDER.  (a)  If

14-12    the department has been named as a child's managing conservator in

14-13    a final order that does not include termination of parental rights,

14-14    the court shall conduct a placement review hearing at least once

14-15    every six months until the child becomes an adult.

14-16          (b)  If the department has been named as a child's managing

14-17    conservator in a final order that terminates a parent's parental

14-18    rights, the court shall conduct a placement review hearing at least

14-19    once every six months until the date the child is adopted or the

14-20    child becomes an adult.

14-21          (c)  Notice of a placement review hearing shall be given as

14-22    provided by Rule 21a, Texas Rules of Civil Procedure, to each

14-23    person entitled to notice of the hearing.

14-24          (d)  The following are entitled to not less than 10 days'

14-25    notice of a placement review hearing:

14-26                (1)  the department;

14-27                (2)  the foster parent or director of the group home or

 15-1    institution in which the child is residing;

 15-2                (3)  each parent of the child;

 15-3                (4)  each possessory conservator or guardian of the

 15-4    child;

 15-5                (5)  the child's attorney ad litem and volunteer

 15-6    advocate, if the appointments were not dismissed in the final

 15-7    order; and

 15-8                (6)  any other person or agency named by the court as

 15-9    having an interest in the child's welfare.

15-10          (e)  The court may dispense with the requirement that the

15-11    child attend a placement review hearing.

15-12          Sec. 263.502.  PLACEMENT REVIEW REPORT.  (a)  Not later than

15-13    the 10th day before the date set for a placement review hearing,

15-14    the department or other authorized agency shall file a placement

15-15    review report with the court and provide a copy to each person

15-16    entitled to notice under Section 263.501(d).

15-17          (b)  For good cause shown, the court may order a different

15-18    time for filing the placement review report or may order that a

15-19    report is not required for a specific hearing.

15-20          (c)  The placement review report must:

15-21                (1)  evaluate whether the child's current placement is

15-22    appropriate for meeting the child's needs;

15-23                (2)  evaluate whether efforts have been made to ensure

15-24    placement of the child in the least restrictive environment

15-25    consistent with the best interest and special needs of the child if

15-26    the child is placed in institutional care;

15-27                (3)  identify the services that are needed to assist a

 16-1    child who is at least 16 years of age in making the transition from

 16-2    substitute care to independent living if the services are available

 16-3    in the community;

 16-4                (4)  identify other plans or services that are needed

 16-5    to meet the child's special needs or circumstances; and

 16-6                (5)  describe the efforts of the department or

 16-7    authorized agency to place the child for adoption if parental

 16-8    rights to the child have been terminated and the child is eligible

 16-9    for adoption.

16-10          Sec. 263.503.  PLACEMENT REVIEW HEARINGS; PROCEDURE.  At each

16-11    placement review hearing, the court shall determine whether:

16-12                (1)  the child's current placement is appropriate for

16-13    meeting the child's needs;

16-14                (2)  efforts have been made to ensure placement of the

16-15    child in the least restrictive environment consistent with the best

16-16    interest and special needs of the child if the child is placed in

16-17    institutional care;

16-18                (3)  the services that are needed to assist a child who

16-19    is at least 16 years of age in making the transition from

16-20    substitute care to independent living are available in the

16-21    community;

16-22                (4)  other plans or services are needed to meet the

16-23    child's special needs or circumstances; and

16-24                (5)  the department or authorized agency has exercised

16-25    due diligence in attempting to place the child for adoption if

16-26    parental rights to the child have been terminated and the child is

16-27    eligible for adoption.

 17-1          SECTION 13.  Sections 263.308 and 263.309, Family Code, are

 17-2    repealed.

 17-3          SECTION 14.  (a)  The change in law made by this Act takes

 17-4    effect January 1, 1998.

 17-5          (b)  Except as provided by Subsection (c) of this section,

 17-6    this Act applies to a pending suit affecting the parent-child

 17-7    relationship regardless of whether the suit was commenced before,

 17-8    on, or after the effective date of this Act.

 17-9          (c)  If the Department of Protective and Regulatory Services

17-10    has been appointed temporary managing conservator of a child before

17-11    January 1, 1998, the court shall at the first hearing conducted on

17-12    or after that date under Chapter 263, Family Code, establish a date

17-13    for dismissal of the suit not later than the second anniversary of

17-14    the date of the hearing, unless the court has rendered a final

17-15    order before the dismissal date.

17-16          SECTION 15.  The importance of this legislation and the

17-17    crowded condition of the calendars in both houses create an

17-18    emergency and an imperative public necessity that the

17-19    constitutional rule requiring bills to be read on three several

17-20    days in each house be suspended, and this rule is hereby suspended.