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.