80R3531 MCK/KFF-F
 
  By: Turner H.B. No. 2287
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to child protective services.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 107.013, Family Code, is amended by
adding Subsection (d) to read as follows:
       (d)  A parent who claims indigence under Subsection (a) must
file an affidavit of indigence in accordance with Rule 145(b) of the
Texas Rules of Civil Procedure before the court can conduct a
hearing to determine the parent's indigence under this section.
       SECTION 2.  Section 263.405, Family Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsections (b-1)
and (j) to read as follows:
       (b)  Not later than the 15th day after the date a final order
is signed by the trial judge, a party who intends to request a new
trial or appeal the order [intending to appeal the order] must file
with the trial court:
             (1)  a request for a new trial; or
             (2)  if an appeal is sought, a statement of the point or
points on which the party intends to appeal.
       (b-1)  The statement under Subsection (b)(2) may be combined
with a motion for a new trial.
       (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; and
             (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)  An attorney ad litem appointed to represent an indigent
parent under Section 107.013 shall continue to represent that
parent in any postjudgment or appellate matter unless the parent
fails to establish indigence as provided by Rule 20.1, Texas Rules
of Appellate Procedure. The trial court may not order substitution
of an attorney ad litem unless the court finds good cause to order
the substitution. [If a party claims indigency and requests the
appointment of an attorney, 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.]
       (j)  A party whose appeal is determined to be frivolous is
liable for all appellate costs.
       SECTION 3.  Section 264.106, Family Code, is amended by
adding Subsection (l) to read as follows:
       (l)  Notwithstanding any other law, in a county with a
population of 3.3 million or more, the department or an independent
administrator may contract with a county governmental agency or a
child advocacy center established under Section 264.402 for the
provision of substitute care and case management services in this
state if the agency or center contracted with the department before
September 1, 2006, to provide substitute care or case management
services.
       SECTION 4.  Section 265.004(a), Family Code, is amended to
read as follows:
       (a)  To the extent that money is appropriated for the
purpose, the department shall fund evidence-based programs offered
by community-based organizations that are designed to prevent or
ameliorate child abuse and neglect. In a county with a population
of 3.3 million or more, the evidence-based programs funded under
this subsection may be offered by a county governmental agency or a
child advocacy center established under Section 264.402.
       SECTION 5.  Subchapter A, Chapter 45, Human Resources Code,
is amended by adding Sections 45.005 and 45.006 to read as follows:
       Sec. 45.005.  PROVISION OF SUBSTITUTE CARE AND CASE
MANAGEMENT SERVICES BY COUNTY GOVERNMENTAL AGENCIES AND CHILD
ADVOCACY CENTERS. Notwithstanding any other law, in a county with a
population of 3.3 million or more, the department or an independent
administrator may contract with a county governmental agency or a
child advocacy center established under Section 264.402, Family
Code, for the provision of substitute care and case management
services in this state if the agency or center contracted with the
department before September 1, 2006, to provide substitute care or
case management services.
       Sec. 45.006.  VALUE-ADDED SERVICES. A substitute care or
case management services provider that contracts with the
department or an independent administrator to provide substitute
care or case management services may provide value-added services
that supplement the substitute care or case management services
required to be provided under the contract.
       SECTION 6.  The changes in law made by Section 107.013(d),
Family Code, as added by this Act, and Section 263.405, Family Code,
as amended by this Act, apply only to a suit affecting the
parent-child relationship filed on or after the effective date of
this Act. A suit affecting the parent-child relationship filed
before the effective date of this Act is governed by the law in
effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
       SECTION 7.  The authority provided by Section 45.005, Human
Resources Code, and Section 264.106(l), Family Code, as added by
this Act, applies to a contract described by those sections,
regardless of whether the contract is executed before or after
September 1, 2011, and the authority does not expire on September 1,
2012, notwithstanding the expiration of Chapter 45, Human Resources
Code.
       SECTION 8.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.