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A BILL TO BE ENTITLED
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AN ACT
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relating to the permanent placement of certain foster children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.404, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If the court renders a final order under this section, |
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the department shall continue to make an effort to identify a more |
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permanent placement for the child, including appointing a relative |
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or other suitable individual as permanent managing conservator, |
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returning the child to a parent, or another planned, permanent |
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living arrangement. |
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SECTION 2. Section 263.501(a), Family Code, is amended to |
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read as follows: |
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(a) If the department has been named as a child's managing |
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conservator in a final order that does not include termination of |
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parental rights, the court shall conduct a placement review hearing |
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at least once every six months until an appropriate individual is |
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appointed permanent managing conservator of the child, the child is |
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returned to a parent and the case is dismissed, or the child becomes |
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an adult. |
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SECTION 3. Section 263.502(c), Family Code, is amended to |
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read as follows: |
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(c) The placement review report must: |
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(1) evaluate whether the child's current placement is |
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appropriate for meeting the child's needs; |
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(2) evaluate whether efforts have been made to ensure |
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placement of the child in the least restrictive environment |
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consistent with the best interest and special needs of the child if |
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the child is placed in institutional care; |
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(3) contain a discharge plan for a child who is at |
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least 16 years of age that identifies the services and specific |
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tasks that are needed to assist the child in making the transition |
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from substitute care to adult living and describes the services |
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that are available through the Preparation for Adult Living Program |
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operated by the department; |
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(4) evaluate whether the child's current educational |
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placement is appropriate for meeting the child's academic needs; |
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(5) identify other plans or services that are needed |
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to meet the child's special needs or circumstances; [and] |
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(6) describe the efforts of the department or |
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authorized agency to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption, including efforts to provide adoption promotion and |
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support services as defined by 42 U.S.C. Section 629a and other |
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efforts consistent with the federal Adoption and Safe Families Act |
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of 1997 (Pub. L. No. 105-89); and |
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(7) for a child for whom the department has been named |
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managing conservator in a final order that does not include |
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termination of parental rights, describe the efforts of the |
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department to find a permanent placement for the child, including |
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efforts to: |
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(A) work with the caregiver with whom the child |
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is placed to determine whether that caregiver is willing to become a |
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permanent placement for the child; |
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(B) locate a relative or other suitable |
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individual to serve as permanent managing conservator of the child; |
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and |
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(C) evaluate any change in a parent's |
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circumstances to determine whether: |
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(i) the child can be returned to the parent; |
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or |
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(ii) parental rights should be terminated. |
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SECTION 4. Section 263.503, Family Code, is amended to read |
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as follows: |
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Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. (a) |
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At each placement review hearing, the court shall determine |
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whether: |
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(1) the child's current placement is necessary, safe, |
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and appropriate for meeting the child's needs, including with |
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respect to a child placed outside of the state, whether the |
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placement continues to be appropriate and in the best interest of |
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the child; |
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(2) efforts have been made to ensure placement of the |
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child in the least restrictive environment consistent with the best |
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interest and special needs of the child if the child is placed in |
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institutional care; |
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(3) the services that are needed to assist a child who |
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is at least 16 years of age in making the transition from substitute |
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care to independent living are available in the community; |
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(4) other plans or services are needed to meet the |
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child's special needs or circumstances; |
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(5) the department or authorized agency has exercised |
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due diligence in attempting to place the child for adoption if |
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parental rights to the child have been terminated and the child is |
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eligible for adoption; [and] |
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(6) the department or authorized agency has made |
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reasonable efforts to finalize the permanency plan that is in |
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effect for the child; and |
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(7) for a child for whom the department has been |
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appointed permanent managing conservator in a final order that does |
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not include termination of parental rights, a permanent placement, |
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including appointing a relative as permanent managing conservator |
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or returning the child to a parent, is appropriate for the child. |
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(b) For a child for whom the department has been appointed |
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permanent managing conservator in a final order that does not |
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include termination of parental rights, the court may order the |
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department to continue to provide services to a parent for a period |
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not to exceed six months from the day of the placement review |
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hearing if: |
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(1) the child has not been placed with a relative or |
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other individual, including a foster parent, who is seeking |
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permanent managing conservatorship of the child; and |
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(2) the court determines that further efforts at |
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reunification with a parent: |
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(A) are in the best interest of the child; and |
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(B) are likely to result in the child's safe |
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return to the child's parent. |
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SECTION 5. (a) Section 263.404(c), Family Code, as added by |
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this Act, applies to a child for whom the Department of Family and |
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Protective Services has been named permanent managing conservator |
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regardless of the date the final order appointing the department as |
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permanent managing conservator was rendered. |
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(b) Sections 263.501, 263.502, and 263.503, Family Code, as |
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amended by this Act, apply only to a placement review hearing |
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conducted under Chapter 263, Family Code, on or after the effective |
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date of this Act. A placement review hearing conducted before the |
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effective date of this Act is governed by the law in effect on the |
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date the hearing was conducted, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |