BILL ANALYSIS |
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C.S.H.B. 704 |
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By: Rose |
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Human Services |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Current law on extending the jurisdiction for youth "aging out" of foster care is largely unclear. Judges are not prohibited from extending jurisdiction, but they are not expressly authorized to do so. Some judges in Texas exercise this option as an extension of their ability to continue court-ordered child support after a child's 18th birthday under Section 154.302, Family Code.
C.S.H.B. 704 authorizes a court to render an order continuing the court's jurisdiction over a young adult whose managing conservator is the Department of Family and Protective Services and who remains in substitute care on the child's 18th birthday or receives services from the department after the child's 18th birthday.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 704 amends the Family Code to authorize a court that had continuing, exclusive jurisdiction over a young adult to, at the young adult's request, render an order extending the court's jurisdiction after the child's 18th birthday. The bill establishes the date on which the extended jurisdiction terminates as the earlier of the young adult's 21st birthday or the date the young adult, in writing or in court, withdraws consent to the extension of the court's jurisdiction.
C.S.H.B. 704 authorizes a court to extend its jurisdiction on its own motion without the young adult's consent if the court believes that a young adult may be incapacitated, as defined under the Probate Code, to allow the Department of Family and Protective Services (DFPS) to refer the young adult to the Department of Aging and Disability Services (DADS) for guardianship services. The bill establishes the date on which the extended jurisdiction terminates as the earliest of the date DADS determines that guardianship is not appropriate, a court with probate jurisdiction denies the application to appoint a guardian, or a guardian is appointed and qualifies under the Probate Code. The bill authorizes a court to continue to extend its jurisdiction over the young adult if DADS determines a guardianship is not appropriate or the court with probate jurisdiction denies the application to appoint a guardian. Such extension must be in accordance with the bill's provision for extended jurisdiction.
C.S.H.B. 704 authorizes a guardian appointed for a young adult to request that the court extend the court's jurisdiction over the young adult and prohibits a court that extends its jurisdiction from issuing an order that conflicts with an order entered by the probate court that has jurisdiction over the guardianship proceeding. The bill authorizes a court with extended jurisdiction to continue or renew the appointment of an attorney ad litem, guardian ad litem, or volunteer advocate for the young adult to assist the young adult in accessing services the young adult is entitled to receive from DFPS or any other public or private service provider. The bill requires an attorney ad litem or guardian ad litem appointed for a young adult who receives services in the young adult's own home from a service provider or resides in an institution that is licensed, certified, or verified by a state agency other than DFPS to assist the young adult as necessary to ensure that the young adult receives appropriate services.
C.S.H.B. 704 prohibits the court from appointing DFPS or DADS as the managing conservator or guardian of a young adult and prohibits a court from ordering DFPS to provide a service to a young adult unless DFPS is authorized to provide the service under state law and is appropriated money to provide the service in an amount sufficient to comply with the court order and DFPS's obligations to other young adults for whom DFPS is required to provide similar services. The bill clarifies that a young adult who consents to the continued jurisdiction of the court has the same rights as any other adult of the same age.
C.S.H.B. 704 authorizes a court, if the court's jurisdiction is extended for a young adult who remains in foster care, to hold periodic hearings to review the services provided to the young adult. The bill authorizes the court to hold a hearing, at the request of a young adult who is receiving transitional living services from DFPS, to review the services the young adult is receiving. The bill requires DFPS, before a review hearing, to provide the court with a copy of the young adult's plan of service and the voluntary foster care agreement if the young adult is in foster care or the transition plan if the young adult is receiving transitional living services from DFPS. The bill requires the court to review the plan of service and voluntary foster care agreement or transition plan and to determine whether DFPS and any service provider under contract with DFPS is providing the appropriate services as provided in the plan or agreement. The bill authorizes a court that believes that the young adult is entitled to additional services under DFPS rules or policies or under a contract with a service provider to order DFPS to take appropriate action to ensure that the young adult receives the additional services.
C.S.H.B. 704 defines "foster care," "guardianship services," "institution," and "young adult."
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EFFECTIVE DATE
On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
C.S.H.B. 704 differs from the original by clarifying that the court, the jurisdiction of which is extended after the child's 18th birthday is the court that had continuing, exclusive jurisdiction over a young adult.
C.S.H.B. 704 replaces the term "child" where it is used in the original with the term "young adult." The substitute adds definitions not included in the original for the terms "foster care," "guardianship services," "institution," and "young adult."
C.S.H.B. 704 clarifies that the court renders an order extending jurisdiction is partially conditioned on the child's consent to or request for the extension, whereas the original includes the young adult's request as a condition.
C.S.H.B. 704 authorizes a court to extend its jurisdiction on its own motion without the young adult's consent if the court believes that a young adult may be incapacitated to allow the Department of Family and Protective Services (DFPS) to refer the young adult to the Department of Aging and Disability Services (DADS) for guardianship services; the original authorizes a court to extend its jurisdiction on its own motion if the court determines that the child is substantially unable to provide for the child's own food, clothing, or shelter because of a mental or physical condition.
C.S.H.B. 704 differs from the original by providing that the extended jurisdiction terminates in cases involving an incapacitated youth on the earliest of the date DADS determines that guardianship is not appropriate, a court with probate jurisdiction denies the application to appoint a guardian, or a guardian is appointed and qualifies. The original makes the termination date in cases involving a child who is unable to provide for him- or herself, the date the court determines the child is able to do so, whereas the substitute has no such provision. The substitute adds a provision not in the original authorizing a court, if DADS determines a guardianship is not appropriate or the court with probate jurisdiction denies the application to appoint a guardian, to continue to extend its jurisdiction over an incapacitated youth only at the young adult's request.
C.S.H.B. 704 adds provisions not in the original authorizing a guardian to request that the court extend the court's jurisdiction over the young adult and prohibiting a court that extends its jurisdiction from issuing an order that conflicts with an order entered by a probate court that has jurisdiction over the guardianship proceeding.
C.S.H.B. 704 authorizes a court with extended jurisdiction to continue or renew the appointment of an attorney ad litem, guardian ad litem, or volunteer advocate for the young adult to assist the young adult in accessing services the young adult is entitled to receive from DFPS or any other public or private service provider, whereas the original authorizes the court to continue or renew the appointment of a guardian ad litem, volunteer advocate, or attorney ad litem for the child on the request of the child.. The substitute differs from the original by requiring an attorney ad litem or a guardian ad litem appointed for a young adult who receives services in the young adult's own home from a service provider or resides in certain institutions to assist the young adult to ensure that appropriate services are received.
C.S.H.B. 704 adds provisions not in the original prohibiting the court from appointing DFPS or DADS as the managing conservator or guardian of a young adult and prohibiting a court from ordering DFPS to provide a service to a young adult unless DFPS is authorized to provide the service and is appropriated sufficient money to comply with the court order and DFPS's obligations to other young adults.
C.S.H.B. 704 adds a provision not in the original establishing the express rights of a young adult subject to the extended jurisdiction of the court.
C.S.H.B. 704 differs from the original by authorizing a court, if the court's jurisdiction is extended for a young adult who remains in foster care, to hold periodic hearings to review the services provided to the young adult or to schedule a hearing at the request of a young adult who is receiving transitional living services from DFPS to review the services received, whereas the original authorizes a court, if the court's jurisdiction is extended, to continue to hold periodic hearings or to schedule a hearing on request of the child or the child's attorney, guardian ad litem, or volunteer advocate.
C.S.H.B. 704 adds a provision not in the original requiring DFPS, before a review hearing, to provide the court with a copy of the young adult's plan of service and the voluntary foster care agreement or transition plan, as applicable.
C.S.H.B. 704 adds a provision not in the original authorizing a court that believes that the young adult is entitled to additional services to order DFPS to ensure that the young adult receives the additional services.
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