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A BILL TO BE ENTITLED
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AN ACT
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relating to the care and protection of foster children committed to |
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or released under supervision by the Texas Youth Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.001(b), Family Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subsection, the |
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[The] Texas Youth Commission may consent to the medical, dental, |
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psychological, and surgical treatment of a child committed to the |
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Texas Youth Commission [it] under Title 3 when the person having the |
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right to consent has been contacted and that person has not given |
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actual notice to the contrary. Consent for medical, dental, |
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psychological, and surgical treatment of a child for whom the |
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Department of Family and Protective Services has been appointed |
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managing conservator and who is committed to the Texas Youth |
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Commission is governed by Sections 266.004, 266.009, and 266.010. |
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SECTION 2. Section 54.04, Family Code, is amended by adding |
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Subsection (y) to read as follows: |
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(y) A juvenile court conducting a hearing under this section |
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involving a child for whom the Department of Family and Protective |
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Services has been appointed managing conservator may communicate |
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with the court having continuing jurisdiction over the child before |
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the disposition hearing. The juvenile court may allow the parties |
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to the suit affecting the parent-child relationship in which the |
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Department of Family and Protective Services is a party to |
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participate in the communication under this subsection. |
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SECTION 3. Part 1, Subchapter B, Chapter 107, Family Code, |
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is amended by adding Section 107.0161 to read as follows: |
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Sec. 107.0161. AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO |
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TEXAS YOUTH COMMISSION. If an order appointing the Department of |
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Family and Protective Services as managing conservator of a child |
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does not continue the appointment of the child's guardian ad litem |
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or attorney ad litem and the child is committed to the Texas Youth |
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Commission or released under supervision by the Texas Youth |
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Commission, the court may appoint a guardian ad litem or attorney ad |
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litem for the child. |
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SECTION 4. Section 263.001(a)(4), Family Code, is amended |
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to read as follows: |
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(4) "Substitute care" means the placement of a child |
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who is in the conservatorship of the department or an authorized |
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agency in care outside the child's home. The term includes foster |
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care, institutional care, adoption, [or] placement with a relative |
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of the child, or commitment to the Texas Youth Commission. |
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SECTION 5. Section 263.002, Family Code, is amended to read |
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as follows: |
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Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit |
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affecting the parent-child relationship in which the department or |
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an authorized agency has been appointed by the court or designated |
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in an affidavit of relinquishment of parental rights as the |
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temporary or permanent managing conservator of a child, the court |
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shall hold a hearing to review: |
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(1) the conservatorship appointment and substitute |
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care; and |
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(2) for a child committed to the Texas Youth |
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Commission, the child's commitment in the Texas Youth Commission or |
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release under supervision by the Texas Youth Commission. |
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SECTION 6. Section 263.302, Family Code, is amended to read |
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as follows: |
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Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child |
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shall attend each permanency hearing unless the court specifically |
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excuses the child's attendance. A child committed to the Texas |
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Youth Commission may attend a permanency hearing in person, by |
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telephone, or by videoconference. The court shall consult with |
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the child in a developmentally appropriate manner regarding the |
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child's permanency plan, if the child is four years of age or older |
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and if the court determines it is in the best interest of the child. |
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Failure by the child to attend a hearing does not affect the |
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validity of an order rendered at the hearing. |
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SECTION 7. Section 263.303(b), Family Code, is amended to |
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read as follows: |
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(b) The permanency progress report must: |
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(1) recommend that the suit be dismissed; or |
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(2) recommend that the suit continue, and: |
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(A) identify the date for dismissal of the suit |
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under this chapter; |
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(B) provide: |
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(i) the name of any person entitled to |
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notice under Chapter 102 who has not been served; |
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(ii) a description of the efforts by the |
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department or another agency to locate and request service of |
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citation; and |
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(iii) a description of each parent's |
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assistance in providing information necessary to locate an unserved |
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party; |
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(C) evaluate the parties' compliance with |
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temporary orders and with the service plan; |
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(D) evaluate whether the child's placement in |
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substitute care meets the child's needs and recommend other plans |
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or services to meet the child's special needs or circumstances; |
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(E) describe the permanency plan for the child |
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and recommend actions necessary to ensure that a final order |
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consistent with that permanency plan is rendered before the date |
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for dismissal of the suit under this chapter; [and] |
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(F) with respect to a child 16 years of age or |
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older, identify the services needed to assist the child in the |
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transition to adult life; and |
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(G) with respect to a child committed to the |
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Texas Youth Commission or released under supervision by the Texas |
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Youth Commission: |
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(i) evaluate whether the child's needs for |
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treatment and education are being met; |
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(ii) describe, using information provided |
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by the Texas Youth Commission, the child's progress in any |
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rehabilitation program administered by the Texas Youth Commission; |
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and |
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(iii) recommend other plans or services to |
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meet the child's needs. |
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SECTION 8. Section 263.306(a), Family Code, is amended to |
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read as follows: |
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(a) At each permanency hearing the court shall: |
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(1) identify all persons or parties present at the |
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hearing or those given notice but failing to appear; |
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(2) review the efforts of the department or another |
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agency in: |
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(A) attempting to locate all necessary persons; |
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(B) requesting service of citation; and |
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(C) obtaining the assistance of a parent in |
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providing information necessary to locate an absent parent, alleged |
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father, or relative of the child; |
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(3) review the efforts of each custodial parent, |
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alleged father, or relative of the child before the court in |
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providing information necessary to locate another absent parent, |
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alleged father, or relative of the child; |
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(4) return the child to the parent or parents if the |
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child's parent or parents are willing and able to provide the child |
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with a safe environment and the return of the child is in the |
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child's best interest; |
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(5) place the child with a person or entity, other than |
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a parent, entitled to service under Chapter 102 if the person or |
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entity is willing and able to provide the child with a safe |
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environment and the placement of the child is in the child's best |
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interest; |
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(6) evaluate the department's efforts to identify |
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relatives who could provide the child with a safe environment, if |
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the child is not returned to a parent or another person or entity |
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entitled to service under Chapter 102; |
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(7) evaluate the parties' compliance with temporary |
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orders and the service plan; |
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(8) determine whether: |
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(A) the child continues to need substitute care; |
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(B) the child's current placement is appropriate |
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for meeting the child's needs, including with respect to a child who |
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has been placed outside of the state, whether that placement |
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continues to be in the best interest of the child; and |
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(C) other plans or services are needed to meet |
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the child's special needs or circumstances; |
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(9) if the child is placed in institutional care, |
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determine whether 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; |
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(10) if the child is 16 years of age or older, order |
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services that are needed to assist the child in making the |
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transition from substitute care to independent living if the |
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services are available in the community; |
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(11) determine plans, services, and further temporary |
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orders necessary to ensure that a final order is rendered before the |
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date for dismissal of the suit under this chapter; [and] |
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(12) if the child is committed to the Texas Youth |
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Commission or released under supervision by the Texas Youth |
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Commission, determine whether the child's needs for treatment, |
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rehabilitation, and education are being met; and |
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(13) determine the date for dismissal of the suit |
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under this chapter and give notice in open court to all parties of: |
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(A) the dismissal date; |
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(B) the date of the next permanency hearing; and |
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(C) the date the suit is set for trial. |
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SECTION 9. Section 263.501, Family Code, is amended by |
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amending Subsection (f) and adding Subsection (g) to read as |
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follows: |
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(f) The child shall attend each placement review hearing |
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unless the court specifically excuses the child's attendance. A |
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child committed to the Texas Youth Commission may attend a |
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placement review hearing in person, by telephone, or by |
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videoconference. The court shall consult with the child in a |
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developmentally appropriate manner regarding the child's |
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permanency or transition plan, if the child is four years of age or |
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older. Failure by the child to attend a hearing does not affect the |
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validity of an order rendered at the hearing. |
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(g) A court required to conduct placement review hearings |
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for a child for whom the department has been appointed permanent |
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managing conservator may not dismiss a suit affecting the |
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parent-child relationship filed by the department regarding the |
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child while the child is committed to the Texas Youth Commission or |
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released under the supervision of the Texas Youth Commission, |
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unless the child is adopted or permanent managing conservatorship |
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of the child is awarded to an individual other than the department. |
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SECTION 10. 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) with respect to a child committed to the Texas |
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Youth Commission or released under supervision by the Texas Youth |
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Commission: |
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(A) evaluate whether the child's needs for |
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treatment and education are being met; |
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(B) describe, using information provided by the |
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Texas Youth Commission, the child's progress in any rehabilitation |
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program administered by the Texas Youth Commission; and |
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(C) recommend other plans or services to meet the |
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child's needs. |
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SECTION 11. Section 263.503, Family Code, is amended to |
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read as follows: |
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Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. At |
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each placement review hearing, the court shall determine 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) if the child is committed to the Texas Youth |
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Commission or released under supervision by the Texas Youth |
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Commission, the child's needs for treatment, rehabilitation, and |
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education are being met. |
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SECTION 12. Section 264.0091, Family Code, is amended to |
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read as follows: |
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Sec. 264.0091. USE OF TELECONFERENCING AND |
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VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of |
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funds, the department, in cooperation with district and county |
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courts, shall expand the use of teleconferencing and |
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videoconferencing to facilitate participation by medical experts, |
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children, and other individuals in court proceedings, including |
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children for whom the department, an authorized agency, or a |
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licensed child-placing agency has been appointed managing |
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conservator and who are committed to the Texas Youth Commission. |
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SECTION 13. Section 61.0731, Human Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (a), if the Department of |
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Family and Protective Services has been appointed managing |
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conservator for a child, the commission shall disclose records and |
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other information concerning the child to the department as |
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provided by department rules. |
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SECTION 14. Section 61.0763, Human Resources Code, as added |
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by Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by adding Subsection (e) to read as |
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follows: |
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(e) The commission shall ensure that if the Department of |
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Family and Protective Services has been appointed managing |
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conservator of a child, the department is given the same rights as |
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the child's parent under the parent's bill of rights developed under |
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this section. |
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SECTION 15. Subchapter E, Chapter 61, Human Resources Code, |
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is amended by adding Sections 61.0766 and 61.0767 to read as |
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follows: |
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Sec. 61.0766. REPORT CONCERNING FOSTER CHILDREN COMMITTED |
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TO COMMISSION. (a) Not later than the 10th day before the date of a |
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permanency hearing under Subchapter D, Chapter 263, Family Code, or |
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a placement review hearing under Subchapter F, Chapter 263, Family |
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Code, regarding a child for whom the Department of Family and |
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Protective Services has been appointed managing conservator, a |
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commission caseworker shall submit a written report regarding the |
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child's commitment to the commission to: |
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(1) the court; |
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(2) the Department of Family and Protective Services; |
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(3) any attorney ad litem or guardian ad litem |
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appointed for the child; and |
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(4) any volunteer advocate appointed for the child. |
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(b) The report required by Subsection (a) must include: |
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(1) the results of any assessments of the child during |
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the child's commitment to the commission, including assessments of |
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the child's emotional, mental, educational, psychological, |
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psychiatric, medical, or physical needs; |
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(2) information regarding the child's placement in |
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particular programs administered by the commission; and |
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(3) a description of the child's progress in programs |
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administered by the commission. |
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Sec. 61.0767. RULES REGARDING SERVICES FOR FOSTER CHILDREN. |
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(a) The commission and the executive commissioner of the Health and |
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Human Services Commission shall jointly adopt rules to ensure that |
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a child for whom the Department of Family and Protective Services |
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has been appointed managing conservator receives appropriate |
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services while the child is committed to the commission or released |
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under supervision by the commission. |
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(b) The rules adopted under this section must require the |
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commission and the Department of Family and Protective Services to |
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cooperate in providing appropriate services to a child for whom the |
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Department of Family and Protective Services has been appointed |
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managing conservator while the child is committed to the commission |
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or released under supervision by the commission, including: |
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(1) medical care, as defined by Section 266.001, |
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Family Code; |
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(2) mental health treatment and counseling; |
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(3) education, including special education; |
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(4) case management; |
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(5) drug and alcohol abuse assessment or treatment; |
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(6) sex offender treatment; and |
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(7) trauma informed care. |
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(c) The rules adopted under this section must require: |
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(1) the Department of Family and Protective Services |
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to: |
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(A) provide the commission with access to |
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relevant health and education information regarding a child; and |
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(B) require a child's caseworker to visit the |
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child in person at least once each month while the child is |
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committed to the commission; |
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(2) the commission to: |
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(A) provide the Department of Family and |
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Protective Services with relevant health and education information |
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regarding a child; |
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(B) permit communication, including in person, |
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by telephone, and by mail, between a child committed to the |
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commission and: |
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(i) the Department of Family and Protective |
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Services; and |
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(ii) the attorney ad litem, the guardian ad |
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litem, and the volunteer advocate for the child; and |
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(C) provide the Department of Family and |
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Protective Services and any attorney ad litem or guardian ad litem |
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for the child with timely notice of the following events relating to |
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the child: |
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(i) a meeting designed to develop or revise |
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the individual case plan for the child; |
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(ii) in accordance with any participation |
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protocols to which the Department of Family and Protective Services |
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and the commission agree, a medical appointment at which a person |
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authorized to consent to medical care must participate as required |
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by Section 266.004(i), Family Code; |
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(iii) an education meeting, including |
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admission, review, or dismissal meetings for a child receiving |
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special education; |
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(iv) a grievance or disciplinary hearing |
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for the child; |
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(v) a report of abuse or neglect of the |
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child; and |
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(vi) a significant medical condition of the |
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child, as defined by Section 266.005, Family Code; and |
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(3) the Department of Family and Protective Services |
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and the commission to participate in transition planning for the |
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child through release from detention, release under supervision, |
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and discharge. |
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SECTION 16. (a) Not later than April 30, 2010, the executive |
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commissioner of the Health and Human Services Commission and of the |
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Texas Youth Commission shall adopt the rules required by Section |
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61.0767, Human Resources Code, as added by this Act. |
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(b) The changes in law made by this Act apply to an |
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individual for whom the Department of Family and Protective |
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Services or another agency has been appointed managing conservator |
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and who is in the custody of the Texas Youth Commission or released |
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under supervision by the Texas Youth Commission on or after the |
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effective date of this Act, regardless of the date on which the |
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person was committed to the Texas Youth Commission or released |
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under supervision by the Texas Youth Commission. |
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SECTION 17. 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. |