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78R5043 KLA-F
By: Dutton H.B. No. 1571
A BILL TO BE ENTITLED
AN ACT
relating to certain suits affecting the parent-child relationship
of, certain records regarding, and foster care payments for certain
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 155.201, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) Section 262.203 applies to the transfer of a suit filed
by the Department of Protective and Regulatory Services under
Chapter 262.
SECTION 2. Section 155.202(a), Family Code, is amended to
read as follows:
(a) If the basis of a motion to transfer a proceeding under
this subchapter or Section 262.203 is that the child resides in
another county, the court may deny the motion if it is shown that
the child has resided in that county for less than six months at the
time the proceeding is commenced.
SECTION 3. Section 162.006, Family Code, is amended by
amending Subsections (b) and (e) and adding Subsection (f) to read
as follows:
(b) The department, bureau of vital statistics, licensed
child-placing agency, or court retaining a copy of the report shall
provide a copy of the report that has been edited as required by
this section or Section 261.201 [to protect the identity of the
birth parents and any other person whose identity is confidential]
to the following persons on request:
(1) an adoptive parent of the adopted child;
(2) the managing conservator, guardian of the person,
or legal custodian of the adopted child;
(3) the adopted child, after the child is an adult;
(4) the surviving spouse of the adopted child if the
adopted child is dead and the spouse is the parent or guardian of a
child of the deceased adopted child; or
(5) a progeny of the adopted child if the adopted child
is dead and the progeny is an adult.
(e) The report shall be retained for 99 years from the date
of the adoption by the department or licensed child-placing agency
placing the child for adoption. If the agency ceases to function as
a child-placing agency, the agency shall transfer all the reports
to the bureau of vital statistics [department] or, after giving
notice to the bureau of vital statistics [department], to a
transferee agency that is assuming responsibility for the
preservation of the agency's adoption records. If the child has not
been placed for adoption by the department or a licensed
child-placing agency and if the child is being adopted by a person
other than the child's stepparent, grandparent, aunt, or uncle by
birth, marriage, or prior adoption, the person or entity who places
the child for adoption shall file the report with the bureau of
vital statistics [department], which shall retain the copies for 99
years from the date of the adoption.
(f) To the extent of any conflict between this section and
Section 261.201 with respect to the department's duty to edit
documents, records, and other information, Section 261.201
prevails.
SECTION 4. Section 261.002(a), Family Code, is amended to
read as follows:
(a) The department shall establish and maintain in Austin a
central registry of reported cases of child abuse, [or] neglect, or
exploitation.
SECTION 5. Section 261.004, Family Code, is amended to read
as follows:
Sec. 261.004. STATISTICS OF ABUSE AND NEGLECT OF CHILDREN.
(a) The department shall prepare and disseminate statistics by
county relating to the department's activities under this subtitle
and include the information specified in Subsection (b) in an
annual report covering the preceding fiscal year. The report must
be made available to the public.
(b) The department shall report the following information,
to the extent the information is available from the department's
records:
(1) the number of initial phone calls received by the
department alleging abuse or [and] neglect of a child;
(2) [the number of children reported to the department
as having been abused and neglected;
[(3)] the number of reports received by the department
alleging abuse or neglect of a child and assigned by the department
for investigation;
(3) [(4)] of the reports [children] to which [whom]
Subdivision (2) applies:
(A) the number of cases in which the department
found reason to believe that abuse or neglect occurred [for whom the
report was substantiated];
(B) the number of cases in which the department
was unable to determine whether abuse or neglect occurred [for whom
the report was unsubstantiated];
(C) the number of cases in which the department
determined the allegations were unfounded [for whom the report was
determined to be false];
(D) the number of children who were the subjects
of the reports and who did not receive services, other than
investigative services, from the department under a state or
federal program;
(E) the number of children who were the subjects
of the reports and who received services[, including preventative
services,] from the department under a state or federal program;
and
(F) the number of children who were removed from
their homes [the child's home] during the preceding fiscal year;
(4) [(5)] the number of families in which, after an
investigation of a report alleging abuse or neglect of a child, the
child was not removed, but the child or family received services
from the department;
(5) [(6)] the number of children who died during the
preceding year as a result of child abuse or neglect;
(6) [(7)] of the children to whom Subdivision (5)
[(6)] applies, the number who were in the department's
conservatorship [foster care] at the time of death;
(7) [(8)] the number of child protective services
workers responsible for report intake, assessment, or
investigation, categorized by department region;
(8) [(9)] the response time by the department with
respect to initiating [conducting] an [initial] investigation of a
report of child abuse or neglect;
(9) [(10) the response time by the department with
respect to commencing services to families and children for whom an
allegation of abuse or neglect has been made;
[(11)] the number of children who were returned to their
families or who received family preservation services and who,
before the fifth anniversary of the date of return or receipt, were
the victims of substantiated reports of child abuse or neglect,
including abuse or neglect resulting in the death of the child; and
(10) [(12)] the number of children for whom the
department has been appointed:
(A) temporary managing conservator;
(B) permanent managing conservator, and the
parent-child relationship of each of the child's parents with
respect to the child has not been terminated; and
(C) permanent managing conservator, and the
parent-child relationship of each of the child's parents with
respect to the child has been terminated [cases pursued by the
department in each stage of the judicial process, including civil
and criminal proceedings and the results of each proceeding; and
[(13) the number of children for whom a person was
appointed by the court to represent the best interests of the child
and the average number of out-of-court contacts between the person
and the child].
(c) The department shall compile the information specified
in Subsection (b) for the preceding fiscal year in a report to be
submitted to the legislature and the general public not later than
March [February] 1 of each year.
SECTION 6. Section 262.101, Family Code, is amended to read
as follows:
Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
CHILD. An original suit filed by a governmental entity that
requests permission to take possession of a child without prior
notice and a hearing must be supported by an affidavit sworn to by a
person with personal knowledge, including knowledge acquired from
the department's investigation or other business records. The
affidavit must state [and stating] facts sufficient to satisfy a
person of ordinary prudence and caution that:
(1) there is an immediate danger to the physical
health or safety of the child or the child has been a victim of
neglect or sexual abuse and that continuation in the home would be
contrary to the child's welfare;
(2) there is no time, consistent with the physical
health or safety of the child, for a full adversary hearing under
Subchapter C; and
(3) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for the removal of the child.
SECTION 7. Section 262.107(a), Family Code, is amended to
read as follows:
(a) The court shall order the return of the child at the
initial hearing regarding a child taken in possession without a
court order by a governmental entity unless the court finds
sufficient evidence to satisfy a person of ordinary prudence and
caution [is satisfied] that:
(1) there is a continuing danger to the physical
health or safety of the child if the child is returned to the
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian who is presently entitled to possession of
the child or the evidence shows that the child has been the victim
of sexual abuse on one or more occasions and that there is a
substantial risk that the child will be the victim of sexual abuse
in the future;
(2) continuation of the child in the home would be
contrary to the child's welfare; and
(3) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for removal of the child.
SECTION 8. Section 262.112, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d), (e),
and (f) to read as follows:
(b) In any proceeding in which an expedited hearing is held
under Subsection (a), the department, parent, guardian, or other
party to the proceeding is entitled to an expedited appeal on a
ruling by a court that the child may not be removed from the child's
home or, if the department has already removed the child, a ruling
by a court that the department must return the child to the child's
home.
(c) If a child is returned to the child's home after a
removal in which the department was entitled to an expedited
hearing under this section and the child is the subject of a
subsequent allegation of abuse or neglect, the department or any
other interested party is entitled to an expedited hearing on the
removal of the child from the child's home in the manner provided by
Subsection (a) and to an expedited appeal as [in the manner]
provided by Subsections [Subsection] (b), (d), and (e).
(d) Not later than the first day after the date a trial court
makes a ruling from which a party is entitled to an expedited appeal
under Subsection (b), the party must file a notice of expedited
appeal with the trial court and the appellate court. A docket entry
reflecting the trial court's ruling is a final, appealable order
for purposes of this section, and the trial court's failure to
render a signed, written order does not affect a party's right to
appeal. Not later than the third day after the date notice of
expedited appeal is filed, the trial record must be filed in the
appellate court. Not later than the second day after the date the
trial record is filed, the appellant must file a brief with the
appellate court. The appellee may file a response brief. Failure
of the appellant or appellee to file a brief may not affect or delay
the hearing on the appeal. The appellate court may not grant an
extension to any party.
(e) The appellate court, regardless of whether a request for
oral argument is granted, shall render a final order or judgment on
an appeal under Subsection (d) not later than the earlier of:
(1) the second day after the date the appellant filed
the appellate brief with the appellate court; or
(2) the seventh day after the date the appellant filed
the notice of appeal, if the appellant did not file an appellate
brief.
(f) In this section, "expedited hearing" includes any
emergency or initial hearing held before a full adversary hearing
under Section 262.201 or a hearing under Section 262.205.
SECTION 9. Section 263.405, Family Code, as added by
Chapter 1090, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 263.405. APPEAL OF FINAL ORDER. (a) An appeal of a
final order rendered under this subchapter is governed by the rules
of the supreme court for accelerated appeals in civil cases and the
procedures provided by this section. The appeal shall be set for
submission on the first submission date on or after the 31st day
after the date the last brief on the appeal is filed. The appellate
court shall render its final order or judgment with the least
possible delay.
(b) Not later than the 15th day after the date a final order
is signed by the trial judge, a party intending to appeal the order
must file with the trial court a statement of the point or points on
which the party intends to appeal. The statement must [may] be
combined with a motion for a new trial or a motion to modify,
correct, or reform the judgment, if any. A motion for a new trial or
motion to modify, correct, or reform the judgment is considered to
be overruled if the court in which the motion is made does not
render a signed order on the motion before the 36th day after the
date the trial judge signed the final order.
(c) A motion for a new trial, a request for findings of fact
and conclusions of law, or any other post-trial motion in the trial
court does not extend the deadline for filing a notice of appeal
under Rule 26.1(b), Texas Rules of Appellate Procedure, or the
deadline for filing an affidavit of indigence in accordance with
[under] Rule 20, Texas Rules of Appellate Procedure.
[(d) The trial court shall hold a hearing not later than the
30th day after the date the final order is signed to determine
whether:
[(1) a new trial should be granted;
[(2) a party's claim of indigence, if any, should be
sustained; and
[(3) the appeal is frivolous as provided by Section
13.003(b), Civil Practice and Remedies Code.]
(e) If a party claims indigency and requests the appointment
of an attorney, the party must file an affidavit of indigence in
accordance with Rule 20.1, Texas Rules of Appellate Procedure,
which governs an appeal of a ruling on the claim of indigency,
except that the trial court may not extend the time to conduct a
hearing on a contest to the claim of indigency [the court shall
require the person to file an affidavit of indigency and shall hear
evidence to determine the issue of indigency. If the court does not
render a written order denying the claim of indigence or requiring
the person to pay partial costs before the 36th day after the date
the final order being appealed is signed, the court shall consider
the person to be indigent and shall appoint counsel to represent the
person].
(f) The appellate record must be filed in the appellate
court not later than the 60th day after the date the final order is
signed by the trial judge, unless the trial court[, after a
hearing,] grants a new trial or sustains a contest to a ruling on a
claim of indigency [denies a request for a trial court record at no
cost].
(g) The appellant may appeal the court's order denying the
appellant's claim of indigence [or the court's finding that the
appeal is frivolous] by filing a written request for the reporter's
record and the clerk's record, both of which shall be provided
without advance payment, not later than the third day after the date
the trial court rendered the order and by filing both records with
the appellate court [the reporter's record and clerk's record of the
hearing held under this section, both of which shall be provided
without advance payment,] not later than the 10th day after the date
the trial court rendered the order [makes the decision]. The
clerk's record may include only those items pertaining to the issue
of indigency, and the reporter's record may include only a record of
the hearings conducted by the trial court on the issue of indigency.
The appellate court shall review the records and may require the
parties to file appellate briefs on the issues presented, but may
not hear oral argument on the issues. The appellate court shall
render appropriate orders after reviewing the records and appellate
briefs, if any.
(h) Except on a showing of good cause, the appellate court
may not extend the time for filing a record or appellate brief.
SECTION 10. Section 264.101(d), Family Code, is amended to
read as follows:
(d) The Board of Protective and Regulatory Services may
adopt rules that establish criteria and guidelines for the payment
of foster care, including medical care, subject to the availability
of funds, for a child and for providing care for a child after the
child becomes 18 years of age if the child is:
(1) regularly attending high school, an institution of
higher education, or a vocational or technical program; or
(2) medically fragile or has complex medical needs.
SECTION 11. Sections 162.308 and 264.108, Family Code, are
repealed.
SECTION 12. Section 162.006, Family Code, as amended by
this Act, applies only to records regarding the history of a child
placed for adoption that are provided to a person on or after the
effective date of this Act. Records regarding the history of a
child placed for adoption that are provided to a person before the
effective date of this Act are governed by the law in effect on the
date the records were provided, and the former law is continued in
effect for that purpose.
SECTION 13. Section 261.002, Family Code, as amended by
this Act, applies only to a report of the exploitation of a child
made on or after the effective date of this Act. A report of the
exploitation of a child made before the effective date of this Act
is governed by the law in effect on the date the report was made, and
the former law is continued in effect for that purpose.
SECTION 14. Sections 262.101 and 262.107, Family Code, as
amended by this Act, apply only to a suit affecting the parent-child
relationship requesting an order to take possession of a child that
is filed on or after the effective date of this Act, or to a child
who is taken into possession by a governmental entity without a
court order on or after that date. A suit filed before the
effective date of this Act, or a child who is taken into possession
before that date, is governed by the law in effect on the date the
suit was filed or the child was taken into possession, and the
former law is continued in effect for that purpose.
SECTION 15. Section 262.112, Family Code, as amended by
this Act, and Section 263.405, Family Code, as added by Chapter
1090, Acts of the 77th Legislature, Regular Session, 2001, and
amended by this Act, apply only to the appeal of a trial court
ruling or order that becomes final on or after the effective date of
this Act. The appeal of a trial court ruling or order that became
final before the effective date of this Act is governed by the law
in effect on the date the ruling or order became final, and the
former law is continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2003.