By:  Wentworth                                        S.B. No. 1754
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the identification and location of absent parents and
 1-2     relatives for children removed from their parents' care.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 262.201(c), Family Code, as amended by
 1-5     Section 5, Chapter 600, Acts of the 75th Legislature, Regular
 1-6     Session, 1997; Section 1, Chapter 603, Acts of the 75th
 1-7     Legislature, Regular Session, 1997; Section 77, Chapter 1022, Acts
 1-8     of the 75th Legislature, Regular Session, 1997; and Section 3,
 1-9     Chapter 752, Acts of the 75th Legislature, Regular Session, 1997,
1-10     is reenacted, amended to correct cross-references, and amended to
1-11     read as follows:
1-12           (c)  If the court finds sufficient evidence to satisfy a
1-13     person of ordinary prudence and caution that there is a continuing
1-14     danger to the physical health or safety of the child and for the
1-15     child to remain in the home is contrary to the welfare of the
1-16     child, the court shall issue an appropriate temporary order under
1-17     Chapter 105.  The court shall require each parent, alleged father,
1-18     or relative of the child before the court to provide the department
1-19     with information necessary to locate any other absent parent,
1-20     alleged father, or relative of the child.  The court shall [and]
1-21     inform each parent in open court that parental and custodial rights
1-22     and duties may be subject to restriction or to termination unless
 2-1     the parent or parents are willing and able to provide the child
 2-2     with a safe environment.  If the court finds that the child
 2-3     requires protection from family violence by a member of the child's
 2-4     family or household, the court shall render a protective order
 2-5     under Title 4 [Chapter 71] for the child.  In this subsection,
 2-6     "family violence"  has the meaning assigned by Section 71.004
 2-7     [71.01].
 2-8           SECTION 2.  Section 263.202(a), Family Code, is amended to
 2-9     read as follows:
2-10           (a)  If all parties entitled to citation and notice under
2-11     this chapter were not served, the court shall make findings as to
2-12     whether:
2-13                 (1)  the department or other agency has exercised due
2-14     diligence to locate all necessary persons; and
2-15                 (2)  each [if only one parent is before the court,
2-16     that] parent, alleged father, or relative of the child before the
2-17     court has furnished to the department all available information
2-18     necessary to locate another [an] absent parent, alleged father, or
2-19     relative of the child through exercise of due diligence [the
2-20     parental locator service].
2-21           SECTION 3.  Section 263.306, Family Code, is amended to read
2-22     as follows:
2-23           Sec. 263.306.  PERMANENCY HEARINGS: PROCEDURE.  At each
2-24     permanency hearing the court shall:
2-25                 (1)  identify all persons or parties present at the
2-26     hearing or those given notice but failing to appear;
 3-1                 (2)  review the efforts of the department or another
 3-2     agency in:
 3-3                       (A)  attempting to locate all necessary persons;
 3-4                       (B)  requesting service of citation; and
 3-5                       (C)  obtaining the assistance of a parent in
 3-6     providing information necessary to locate an absent parent, alleged
 3-7     father, or relative of the child;
 3-8                 (3)  review the efforts of each parent, alleged father,
 3-9     or relative of the child before the court in providing information
3-10     necessary to locate another absent parent, alleged father, or
3-11     relative of the child;
3-12                 (4)  return the child to the parent or parents if the
3-13     child's parent or parents are willing and able to provide the child
3-14     with a safe environment and the return of the child is in the
3-15     child's best interest;
3-16                 (5) [(4)]  place the child with a person or entity,
3-17     other than a parent, entitled to service under Chapter 102 if the
3-18     person or entity is willing and able to provide the child with a
3-19     safe environment and the return of the child is in the child's best
3-20     interest;
3-21                 (6) [(5)]  evaluate the department's efforts to
3-22     identify relatives who could provide the child with a safe
3-23     environment, if the child is not returned to a parent or another
3-24     person or entity entitled to service under Chapter 102;
3-25                 (7) [(6)]  evaluate the parties' compliance with
3-26     temporary orders and the service plan;
 4-1                 (8) [(7)]  determine whether:
 4-2                       (A)  the child continues to need substitute care;
 4-3                       (B)  the child's current placement is appropriate
 4-4     for meeting the child's needs; and
 4-5                       (C)  other plans or services are needed to meet
 4-6     the child's special needs or circumstances;
 4-7                 (9) [(8)]  if the child is placed in institutional
 4-8     care, determine whether efforts have been made to ensure placement
 4-9     of the child in the least restrictive environment consistent with
4-10     the best interest and special needs of the child;
4-11                 (10) [(9)]  if the child is 16 years of age or older,
4-12     order services that are needed to assist the child in making the
4-13     transition from substitute care to independent living if the
4-14     services are available in the community;
4-15                 (11) [(10)]  determine plans, services, and further
4-16     temporary orders necessary to ensure that a final order is rendered
4-17     before the date for dismissal of the suit under this chapter; and
4-18                 (12) [(11)]  determine the date for dismissal of the
4-19     suit under this chapter and give notice in open court to all
4-20     parties of:
4-21                       (A)  the dismissal date;
4-22                       (B)  the date of the next permanency hearing; and
4-23                       (C)  the date the suit is set for trial.
4-24           SECTION 4.  Section 264.205, Family Code, is amended by
4-25     adding Subsection (d) to read as follows:
4-26           (d)  In addition to the other requirements of this section,
 5-1     the department shall develop swift adoption teams to expedite the
 5-2     process of placing a child for adoption with a relative of the
 5-3     child.
 5-4           SECTION 5.  Section 5, Chapter 600, Acts of the 75th
 5-5     Legislature, Regular Session, 1997; Section 1, Chapter 603, Acts of
 5-6     the 75th Legislature, Regular Session, 1997; Section 77, Chapter
 5-7     1022, Acts of the 75th Legislature, Regular Session, 1997; and
 5-8     Section 3, Chapter 752, Acts of the 75th Legislature, Regular
 5-9     Session, 1997, are repealed.
5-10           SECTION 6.  This Act takes effect September 1, 1999, and
5-11     applies only to a child placed in the custody of the Department of
5-12     Protective and Regulatory Services on or after that date. A child
5-13     placed in the custody of the department before the effective date
5-14     of this Act is governed by the law in effect on the date the child
5-15     was placed in custody, and the former law is continued in effect
5-16     for that purpose.