81R18199 MCK-F
 
  By: Rose H.B. No. 704
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the jurisdiction of a court over a child in the managing
  conservatorship of the state after the child's 18th birthday.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 263, Family Code, is amended by adding
  Subchapter G to read as follows:
  SUBCHAPTER G. EXTENDED JURISDICTION AFTER CHILD'S 18TH BIRTHDAY
         Sec. 263.601.  DEFINITIONS. In this subchapter:
               (1)  "Foster care" means a voluntary residential living
  arrangement with a foster parent or other residential child-care
  provider that is:
                     (A)  licensed by the department or verified by a
  licensed child-placing agency; and
                     (B)  paid under a contract with the department.
               (2)  "Guardianship services" means the services
  provided by the Department of Aging and Disability Services under
  Subchapter E, Chapter 161, Human Resources Code.
               (3)  "Institution" means a residential facility that is
  operated, licensed, registered, certified, or verified by a state
  agency other than the department. The term includes a residential
  service provider under a Medicaid waiver program authorized under
  Section 1915(c) of the federal Social Security Act that provides
  services at a residence other than the young adult's own home.
               (4)  "Young adult" means a person between 18 and 21
  years of age who:
                     (A)  was in the conservatorship of the department
  on the day before the person's 18th birthday; and
                     (B)  after the person's 18th birthday, resides in
  foster care or receives transitional living services from the
  department.
         Sec. 263.602.  EXTENDED JURISDICTION. (a) A court that had
  continuing, exclusive jurisdiction over a young adult may, at the
  young adult's request, render an order that extends the court's
  jurisdiction over the young adult as provided by this subchapter.
         (b)  The extended jurisdiction of the court terminates on the
  earlier of:
               (1)  the young adult's 21st birthday; or
               (2)  the date the young adult withdraws consent to the
  extension of the court's jurisdiction in writing or in court.
         Sec. 263.603.  EXTENDED JURISDICTION TO DETERMINE
  GUARDIANSHIP. (a) Notwithstanding Section 263.602, if the court
  believes that a young adult may be incapacitated as defined by
  Section 601(14)(B), Texas Probate Code, the court may extend its
  jurisdiction on its own motion without the young adult's consent to
  allow the department to refer the young adult to the Department of
  Aging and Disability Services for guardianship services as required
  by Section 48.209, Human Resources Code.
         (b)  The extended jurisdiction of the court under this
  section terminates on the earliest of the date:
               (1)  the Department of Aging and Disability Services
  determines a guardianship is not appropriate under Chapter 161,
  Human Resources Code;
               (2)  a court with probate jurisdiction denies the
  application to appoint a guardian; or
               (3)  a guardian is appointed and qualifies under the
  Texas Probate Code.
         (c)  If the Department of Aging and Disability Services
  determines a guardianship is not appropriate, or the court with
  probate jurisdiction denies the application to appoint a guardian,
  the court under Subsection (a) may continue to extend its
  jurisdiction over the young adult only as provided by Section
  263.602.
         Sec. 263.604.  GUARDIAN'S CONSENT TO EXTENDED JURISDICTION.
  (a)  A guardian appointed for a young adult may request that the
  court extend the court's jurisdiction over the young adult.
         (b)  A court that extends its jurisdiction over a young adult
  for whom a guardian is appointed may not issue an order that
  conflicts with an order entered by the probate court that has
  jurisdiction over the guardianship proceeding.
         Sec. 263.605.  CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY
  AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE. A court with
  extended jurisdiction under this subchapter may 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 the
  department or any other public or private service provider.
         Sec. 263.606.  DUTIES OF ATTORNEY OR GUARDIAN AD LITEM.  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 the department shall assist
  the young adult as necessary to ensure that the young adult receives
  appropriate services from the service provider or institution, or
  the state agency that regulates the service provider or
  institution.
         Sec. 263.607.  PROHIBITED APPOINTMENTS AND ORDERS.  (a)  The
  court may not appoint the department or the Department of Aging and
  Disability Services as the managing conservator or guardian of a
  young adult.
         (b)  A court may not order the department to provide a
  service to a young adult unless the department:
               (1)  is authorized to provide the service under state
  law; and
               (2)  is appropriated money to provide the service in an
  amount sufficient to comply with the court order and the
  department's obligations to other young adults for whom the
  department is required to provide similar services.
         Sec. 263.608.  RIGHTS OF YOUNG ADULT. A young adult who
  consents to the continued jurisdiction of the court has the same
  rights as any other adult of the same age.
         Sec. 263.609.  SERVICE REVIEW HEARINGS. (a)  If the court's
  jurisdiction is extended under this subchapter for a young adult
  who remains in foster care, the court may hold periodic hearings to
  review the services provided to the young adult.
         (b)  At the request of a young adult who is receiving
  transitional living services from the department, the court may
  hold a hearing to review the services the young adult is receiving.
         (c)  Before a review hearing scheduled under this section,
  the department must provide the court with a copy of:
               (1)  the young adult's plan of service; and
               (2)  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 the department.
         (d)  The court shall review the plan of service and voluntary
  foster care agreement or transition plan, as applicable, and shall
  determine whether the department and any service provider under
  contract with the department is providing the appropriate services
  as provided in the plan or agreement.
         (e)  If the court believes that the young adult is entitled
  to additional services under the department's rules or policies or
  under a contract with a service provider, the court may order the
  department to take appropriate action to ensure that the young
  adult receives the additional services to which the young adult is
  entitled.
         SECTION 2.  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, 2009.