By: Nelson  S.B. No. 759
         (In the Senate - Filed February 20, 2007; March 6, 2007,
  read first time and referred to Committee on Health and Human
  Services; March 19, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 19, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 759 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain requirements relating to permanency hearings
  and placement review hearings for children under the care of the
  Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 263.302, Family Code, is amended to read
  as follows:
         Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING.  The child
  shall attend each permanency hearing unless the court specifically
  excuses the child's attendance. The court shall consult with the
  child in a developmentally appropriate manner regarding the child's
  permanency plan, if the child is four years of age or older and if
  the court determines it is in the best interest of the child.
  Failure by the child to attend a hearing does not affect the
  validity of an order rendered at the hearing.
         SECTION 2.  Subsections (d) and (e), Section 263.501, Family
  Code, are amended to read as follows:
         (d)  The following are entitled to not less than 10 days'
  notice of a placement review hearing and are entitled to present
  evidence and be heard at the hearing:
               (1)  the department;
               (2)  the foster parent, preadoptive parent, relative of
  the child providing care, or director of the group home or
  institution in which the child is residing;
               (3)  each parent of the child;
               (4)  each possessory conservator or guardian of the
  child;
               (5)  the child's attorney ad litem and volunteer
  advocate, if the appointments were not dismissed in the final
  order; and
               (6)  any other person or agency named by the court as
  having an interest in the child's welfare.
         (e)  The child shall attend each placement review hearing
  unless the court specifically excuses the child's attendance. The
  court shall consult with the child in a developmentally appropriate
  manner regarding the child's permanency or transition plan, if the
  child is four years of age or older. Failure by the child to attend
  a hearing does not affect the validity of an order rendered at the
  [The court may dispense with the requirement that the child attend a
  placement review] hearing.
         SECTION 3.  The changes in law made by this Act apply only to
  a permanency hearing or a placement review hearing conducted under
  Chapter 263, Family Code, on or after the effective date of this
  Act. A permanency hearing or a placement review hearing conducted
  before the effective date of this Act is governed by the law in
  effect on the date the hearing was conducted, and the former law is
  continued in effect for that purpose.
         SECTION 4.  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.
 
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