By Shapiro                                       S.B. No. 181

      75R1493 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to expediting certain suits to terminate parental rights

 1-3     and the conservatorship of a child by the Department of Protective

 1-4     and Regulatory Services.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter C, Chapter 161, Family Code, is

 1-7     amended by adding Section 161.2025 to read as follows:

 1-8           Sec. 161.2025.  EXPEDITED TRIAL IN CASES OF SEVERE ABUSE,

 1-9     NEGLECT, OR DRUG OR ALCOHOL ABUSE.  (a)  In a suit to terminate the

1-10     parent-child relationship in which a party alleges that the child's

1-11     physical or mental health or welfare has been affected by severe

1-12     abuse, neglect, or drug or alcohol abuse, the court shall expedite

1-13     the trial and give precedence to the case over all other civil

1-14     cases.

1-15           (b)  In this section:

1-16                 (1)  "Severe abuse" includes abuse that causes serious

1-17     physical or emotional injury or the death of a child and sexual

1-18     abuse of a child.

1-19                 (2)  "Neglect" has the meaning assigned by Section

1-20     261.001(4).

1-21           SECTION 2.  Section 263.303, Family Code, is amended by

1-22     amending Subsection (b) and adding Subsection (d) to read as

1-23     follows:

1-24           (b)  The status report must:

 2-1                 (1)  evaluate all relevant information concerning each

 2-2     of the guidelines under this chapter and the parties' compliance

 2-3     with the service plan;

 2-4                 (2)  recommend one of the following actions:

 2-5                       (A)  that the child be returned to the child's

 2-6     home and that the suit be dismissed;

 2-7                       (B)  that the child be returned to the child's

 2-8     home with the department or other agency retaining conservatorship;

 2-9                       (C)  that the child remain in substitute care for

2-10     a specified period and that the child's parents continue to work

2-11     toward providing the child with a safe environment;

2-12                       (D)  that the child remain in substitute care for

2-13     a specified period and that termination of parental rights be

2-14     sought under this code; or

2-15                       (E)  [that a child who has resided in substitute

2-16     care for at least 18 months be placed or remain in permanent or

2-17     long-term substitute care because of the child's special needs or

2-18     circumstances; or]

2-19                       [(F)]  that other plans be made or other services

2-20     provided in accordance with the child's special needs or

2-21     circumstances; and

2-22                 (3)  with respect to a child 16 years of age or older,

2-23     identify the services needed to assist the child in the transition

2-24     to adult life.

2-25           (d)  The status report for the first review hearing conducted

2-26     on or after the first anniversary of the date the child was placed

2-27     in the conservatorship of the department shall recommend:

 3-1                 (1)  that the child be returned to the child's parents

 3-2     and that the suit be dismissed; or

 3-3                 (2)  that the parents' parental rights to the child be

 3-4     terminated and that the department remain the conservator of the

 3-5     child.

 3-6           SECTION 3.  Subchapter D, Chapter 263, Family Code, is

 3-7     amended by adding Section 263.3055 to read as follows:

 3-8           Sec. 263.3055.  COURT ORDER FOLLOWING ONE YEAR OF

 3-9     CONSERVATORSHIP WITH DEPARTMENT.  At the first review hearing

3-10     conducted on or after the first anniversary of the date the child

3-11     was placed in the conservatorship of the department, the court

3-12     shall order:

3-13                 (1)  that the child be returned to the child's parents

3-14     and that the suit be dismissed; or

3-15                 (2)  that the parents' parental rights to the child be

3-16     terminated and that the department remain the conservator of the

3-17     child.

3-18           SECTION 4.  Section 263.306, Family Code, is amended to read

3-19     as follows:

3-20           Sec. 263.306.  REVIEW HEARINGS: PROCEDURE.  At each review

3-21     hearing the court shall determine:

3-22                 (1)  the identity of all persons or parties present at

3-23     the hearing or those given notice but failing to appear;

3-24                 (2)  whether the child's parents are willing and able

3-25     to provide the child with a safe environment;

3-26                 (3)  the extent to which the child's parents have taken

3-27     the necessary actions or responsibilities toward achieving the plan

 4-1     goal during the period of the service plan and the extent to which

 4-2     the department or other authorized agency has provided assistance

 4-3     to the parents as provided in the service plan;

 4-4                 (4)  whether the child continues to need substitute

 4-5     care and whether the child's current placement is appropriate for

 4-6     meeting the child's needs;

 4-7                 (5)  a date for achieving the child's permanency plan;

 4-8                 (6)  [if the child has been in substitute care for not

 4-9     less than 18 months, the future status of the child and the

4-10     appropriateness of the date by which the child may return home and

4-11     whether to render further appropriate orders;]

4-12                 [(7)]  if the child is in substitute care outside the

4-13     state, whether the out-of-state placement continues to be

4-14     appropriate and in the best interest of the child;

4-15                 (7) [(8)]  whether the child's parents are willing and

4-16     able to provide the child with a safe environment without the

4-17     assistance of a service plan and, if so, return the child to the

4-18     parents;

4-19                 (8) [(9)]  whether the child's parents are willing and

4-20     able to provide the child with a safe environment with the

4-21     assistance of a service plan and, if so, return the child or

4-22     continue the placement of the child in the child's home under the

4-23     department's or other agency's supervision;

4-24                 (9) [(10)]  whether the child's parents are presently

4-25     unwilling or unable to provide the child with a safe environment,

4-26     even with the assistance of a service plan, and, if so, order the

4-27     child to remain under the department's or other agency's managing

 5-1     conservatorship for a period of time specified by the court;

 5-2                 (10) [(11)]  whether a long-term substitute care

 5-3     placement is in the child's best interest because of the child's

 5-4     special needs or  circumstances and, if so, begin a long-term

 5-5     substitute care placement and if the child is placed in

 5-6     institutional care, whether efforts have been made to ensure

 5-7     placement of the child in the least restrictive environment

 5-8     consistent with the best interest and special needs of the child;

 5-9                 (11) [(12)]  whether a child is 16 years of age or

5-10     older and, if so, order the services that are needed to assist the

5-11     child in making the transition from substitute care to independent

5-12     living if the services are available in the community;

5-13                 (12) [(13)]  whether the child has been placed with the

5-14     department under a voluntary placement agreement and, if so, order

5-15     that the department will institute further proceedings or return

5-16     the child to the parents;

5-17                 (13) [(14)]  whether the department or authorized

5-18     agency has custody, care, and control of the child under an

5-19     affidavit of relinquishment of parental rights naming the

5-20     department managing conservator and, if so, direct the department

5-21     or authorized agency to institute further proceedings;  and

5-22                 (14) [(15)]  whether parental rights to the child have

5-23     been terminated and, if so, determine whether the department or

5-24     authorized agency will attempt to place the child for adoption.

5-25           SECTION 5.  This Act takes effect September 1, 1997.  Section

5-26     1 of this Act applies to all termination cases pending in the

5-27     courts on or after that date.  Sections 2 and 3 of this Act apply

 6-1     to all cases in which the Department of Protective and Regulatory

 6-2     Services has been appointed conservator of a child either before or

 6-3     after the effective date of this Act.  However, a court may not

 6-4     issue an order required by Section 263.3055, Family Code, as added

 6-5     by this Act, until September 1, 1998.

 6-6           SECTION 6.  The importance of this legislation and the

 6-7     crowded condition of the calendars in both houses create an

 6-8     emergency and an imperative public necessity that the

 6-9     constitutional rule requiring bills to be read on three several

6-10     days in each house be suspended, and this rule is hereby suspended.