By King of Parker H.B. No. 2232
77R3171 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures for a suit affecting the parent-child
1-3 relationship filed by the Department of Protective and Regulatory
1-4 Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 263.303(b), Family Code, is amended to
1-7 read as follows:
1-8 (b) The permanency progress report must:
1-9 (1) recommend that the suit be dismissed; or
1-10 (2) recommend that the suit continue, and:
1-11 (A) [identify the date for dismissal of the suit
1-12 under this chapter;]
1-13 [(B)] provide:
1-14 (i) the name of any person entitled to
1-15 notice under Chapter 102 who has not been served;
1-16 (ii) a description of the efforts by the
1-17 department or another agency to locate and request service of
1-18 citation; and
1-19 (iii) a description of each parent's
1-20 assistance in providing information necessary to locate an unserved
1-21 party;
1-22 (B) [(C)] evaluate the parties' compliance with
1-23 temporary orders and with the service plan;
1-24 (C) [(D)] evaluate whether the child's placement
2-1 in substitute care meets the child's needs and recommend other
2-2 plans or services to meet the child's special needs or
2-3 circumstances;
2-4 (D) [(E)] describe the permanency plan for the
2-5 child and recommend actions necessary to ensure that a final order
2-6 consistent with that permanency plan is rendered [before the date
2-7 for dismissal of the suit under this chapter]; and
2-8 (E) [(F)] with respect to a child 16 years of
2-9 age or older, identify the services needed to assist the child in
2-10 the transition to adult life.
2-11 SECTION 2. Section 263.304, Family Code, is amended to read
2-12 as follows:
2-13 Sec. 263.304. INITIAL PERMANENCY HEARING; TIME. Not later
2-14 than the 180th day after the date the court renders a temporary
2-15 order appointing the department as temporary managing conservator
2-16 of a child, the court shall hold a permanency hearing to review the
2-17 status of, and permanency plan for, the child to ensure that a
2-18 final order consistent with that permanency plan is rendered
2-19 [before the date for dismissal of the suit under this chapter].
2-20 SECTION 3. Section 263.306(a), Family Code, is amended to
2-21 read as follows:
2-22 (a) At each permanency hearing the court shall:
2-23 (1) identify all persons or parties present at the
2-24 hearing or those given notice but failing to appear;
2-25 (2) review the efforts of the department or another
2-26 agency in:
2-27 (A) attempting to locate all necessary persons;
3-1 (B) requesting service of citation; and
3-2 (C) obtaining the assistance of a parent in
3-3 providing information necessary to locate an absent parent;
3-4 (3) return the child to the parent or parents if the
3-5 child's parent or parents are willing and able to provide the child
3-6 with a safe environment and the return of the child is in the
3-7 child's best interest;
3-8 (4) place the child with a person or entity, other
3-9 than a parent, entitled to service under Chapter 102 if the person
3-10 or entity is willing and able to provide the child with a safe
3-11 environment and the placement of the child is in the child's best
3-12 interest;
3-13 (5) evaluate the department's efforts to identify
3-14 relatives who could provide the child with a safe environment, if
3-15 the child is not returned to a parent or another person or entity
3-16 entitled to service under Chapter 102;
3-17 (6) evaluate the parties' compliance with temporary
3-18 orders and the service plan;
3-19 (7) determine whether:
3-20 (A) the child continues to need substitute care;
3-21 (B) the child's current placement is appropriate
3-22 for meeting the child's needs; and
3-23 (C) other plans or services are needed to meet
3-24 the child's special needs or circumstances;
3-25 (8) if the child is placed in institutional care,
3-26 determine whether efforts have been made to ensure placement of the
3-27 child in the least restrictive environment consistent with the best
4-1 interest and special needs of the child;
4-2 (9) if the child is 16 years of age or older, order
4-3 services that are needed to assist the child in making the
4-4 transition from substitute care to independent living if the
4-5 services are available in the community;
4-6 (10) determine plans, services, and further temporary
4-7 orders necessary to ensure that a final order is rendered [before
4-8 the date for dismissal of the suit under this chapter]; and
4-9 (11) [determine the date for dismissal of the suit
4-10 under this chapter and] give notice in open court to all parties
4-11 of:
4-12 (A) [the dismissal date;]
4-13 [(B)] the date of the next permanency hearing;
4-14 and
4-15 (B) [(C)] the date the suit is set for trial.
4-16 SECTION 4. Sections 263.401 and 263.402, Family Code, are
4-17 repealed.
4-18 SECTION 5. This Act takes effect September 1, 2001, and
4-19 applies to a suit affecting the parent-child relationship pending
4-20 on or filed on or after that date.