81R4159 UM-F

By: Naishtat H.B. No. 884

A BILL TO BE ENTITLED

AN ACT

relating to the permanent placement of certain foster children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 263.404, Family Code, is amended by adding Subsection (c) to read as follows:

(c) If the court renders a final order under this section, the department shall continue to make an effort to identify a more permanent placement for the child, including adoption, appointing a relative or other suitable individual as permanent managing conservator, returning the child to a parent, or another planned, permanent living arrangement.

SECTION 2. Section 263.501(a), Family Code, is amended to read as follows:

(a) If the department has been named as a child's managing conservator in a final order that does not include termination of parental rights, the court shall conduct a placement review hearing at least once every six months until the child is adopted, an appropriate individual is appointed permanent managing conservator of the child, the child is returned to a parent, or the child becomes an adult.

SECTION 3. Section 263.502(c), Family Code, is amended to read as follows:

(c) The placement review report must:

(1) evaluate whether the child's current placement is appropriate for meeting the child's needs;

(2) evaluate whether efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care;

(3) contain a discharge plan for a child who is at least 16 years of age that identifies the services and specific tasks that are needed to assist the child in making the transition from substitute care to adult living and describes the services that are available through the Preparation for Adult Living Program operated by the department;

(4) evaluate whether the child's current educational placement is appropriate for meeting the child's academic needs;

(5) identify other plans or services that are needed to meet the child's special needs or circumstances; [and]

(6) describe the efforts of the department or authorized agency to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption, including efforts to provide adoption promotion and support services as defined by 42 U.S.C. Section 629a and other efforts consistent with the federal Adoption and Safe Families Act of 1997 (Pub. L. No. 105-89); and

(7) for a child for whom the department has been appointed permanent managing conservator in a final order that does not include termination of parental rights, describe the efforts of the department to find a more permanent placement for the child, including efforts to:

(A) locate an adoptive family;

(B) locate a relative or other suitable individual to serve as permanent managing conservator of the child; and

(C) evaluate any change in a parent's circumstances to determine whether the child can be returned to the parent.

SECTION 4. Section 263.503, Family Code, is amended to read as follows:

Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. (a) At each placement review hearing, the court shall determine whether:

(1) the child's current placement is necessary, safe, and appropriate for meeting the child's needs, including with respect to a child placed outside of the state, whether the placement continues to be appropriate and in the best interest of the child;

(2) efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care;

(3) the services that are needed to assist a child who is at least 16 years of age in making the transition from substitute care to independent living are available in the community;

(4) other plans or services are needed to meet the child's special needs or circumstances;

(5) the department or authorized agency has exercised due diligence in attempting to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption; [and]

(6) the department or authorized agency has made reasonable efforts to finalize the permanency plan that is in effect for the child; and

(7) for a child for whom the department has been appointed permanent managing conservator in a final order that does not include termination of parental rights, a permanent placement, including adoption, appointing a relative as permanent managing conservator, or returning the child to a parent, is appropriate for the child.

(b) For a child for whom the department has been appointed permanent managing conservator in a final order that does not include termination of parental rights, the court may order the department to continue to provide family reunification services to a parent for a period not to exceed six months from the day of the placement review hearing if:

(1) the child has been in foster care for more than 24 months;

(2) the child has not been placed in an adoptive home or with a relative; and

(3) the court determines that further efforts at reunification with a parent:

(A) are in the best interest of the child; and

(B) are likely to result in the child's safe return to the child's parent.

SECTION 5. (a) Section 263.404(c), Family Code, as added by this Act, applies to a child for whom the Department of Family and Protective Services has been named permanent managing conservator regardless of the date the final order appointing the department as permanent managing conservator was rendered.

(b) Sections 263.501, 263.502, and 263.503, Family Code, as amended by this Act, apply only to a placement review hearing conducted under Chapter 263, Family Code, on or after the effective date of this Act. 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 6. 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.