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A BILL TO BE ENTITLED
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AN ACT
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relating to benefits and services for children in the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.211, Education Code, is amended to |
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read as follows: |
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Sec. 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER |
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RESIDENTIAL CARE. (a) A student is exempt from the payment of |
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tuition and fees authorized in this chapter if the student: |
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(1) was in [foster care or other residential care
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under] the conservatorship of the Department of Family and |
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Protective Services [on or after]: |
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(A) on the day preceding the student's 18th |
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birthday; |
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(B) on or after the day of the student's 14th |
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birthday, if the student was also eligible for adoption on or after |
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that day; [or] |
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(C) on the day the student graduated from high |
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school or received the equivalent of a high school diploma; or |
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(D) on the day preceding: |
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(i) the date the student is adopted; or |
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(ii) the date permanent managing |
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conservatorship of the student is awarded to a person other than the |
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student's parent; and |
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(2) enrolls in an institution of higher education as |
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an undergraduate student not later than [:
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[(A)
the third anniversary of the date the
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student was discharged from the foster or other residential care,
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the date the student graduated from high school, or the date the
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student received the equivalent of a high school diploma, whichever
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date is earliest; or
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[(B)] the student's 25th [21st] birthday. |
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(b) The Texas Education Agency and the Texas Higher |
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Education Coordinating Board shall develop outreach programs to |
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ensure that students in the conservatorship of the Department of |
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Family and Protective Services and [foster or other residential
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care] in grades 9-12 are aware of the availability of the exemption |
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from the payment of tuition and fees provided by this section. |
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SECTION 2. Section 261.312(b), Family Code, is amended to |
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read as follows: |
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(b) A review team consists of at least five members who |
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serve staggered two-year terms. Review team members are appointed |
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by the director of the department and consist of volunteers who live |
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in and are broadly representative of the region in which the review |
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team is established and have expertise in the prevention and |
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treatment of child abuse and neglect. At least two members of a |
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review team [community representatives and private citizens who
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live in the region for which the team is established. Each member] |
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must be parents [a parent] who have [has] not been convicted of or |
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indicted for an offense involving child abuse or neglect, have |
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[has] not been determined by the department to have engaged in child |
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abuse or neglect, and are [or is] not under investigation by the |
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department for child abuse or neglect. A member of a review team is |
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a department volunteer for the purposes of Section 411.114, |
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Government Code. |
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SECTION 3. Section 263.3025, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In accordance with department rules, a child's |
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permanency plan must include concurrent permanency goals |
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consisting of a primary permanency goal and at least one alternate |
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permanency goal. |
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SECTION 4. Subchapter D, Chapter 263, Family Code, is |
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amended by adding Section 263.3026 to read as follows: |
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Sec. 263.3026. LIMITATION ON CERTAIN PERMANENCY GOALS. The |
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department's permanency plan for a child may not include as a goal |
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the continuation of the department as the child's permanent |
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managing conservator until the date the child reaches adulthood |
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unless that goal is in the best interest of the child. |
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SECTION 5. 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, including the concurrent |
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permanency goals contained in that plan, is rendered before the |
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date 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. |
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SECTION 6. Section 263.306(b), Family Code, is amended to |
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read as follows: |
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(b) The court shall also review the service plan, permanency |
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report, and other information submitted at the hearing to: |
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(1) determine: |
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(A) the safety of the child; |
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(B) the continuing necessity and appropriateness |
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of the placement; |
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(C) the extent of compliance with the case plan; |
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[and] |
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(D) the extent of progress that has been made |
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toward alleviating or mitigating the causes necessitating the |
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placement of the child in foster care; and |
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(E) whether the department has made reasonable |
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efforts to finalize the permanency plan that is in effect for the |
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child, including the concurrent permanency goals for the child; and |
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(2) project a likely date by which the child may be |
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returned to and safely maintained in the child's home, placed for |
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adoption, or placed in permanent managing conservatorship. |
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SECTION 7. Section 263.502, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The placement review report must identify the |
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department's permanency goal for the child and 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 transition [discharge] plan for a child |
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who is at least 16 years of age that identifies the services and |
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specific tasks that are needed to assist the child in making the |
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transition from substitute care to adult living and describes the |
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services that are being provided [available] through the |
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Transitional Living Services [Preparation for Adult Living] |
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Program 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) describe the department's efforts to place the |
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child with a permanent managing conservator other than the |
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department if the child is not eligible for adoption. |
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(d) If the department's permanency goal for the child is to |
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continue the department as the child's permanent managing |
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conservator until the date the child reaches adulthood, the |
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placement review report must document that this goal is in the best |
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interest of the child. |
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SECTION 8. 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. 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: |
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(A) 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; or |
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(B) place the child with a permanent managing |
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conservator other than the department if the child is not eligible |
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for adoption; [and] |
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(6) it is in the child's best interest to continue the |
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department as permanent managing conservator until the date the |
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child reaches adulthood, if that is the department's permanency |
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plan for the child; and |
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(7) 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. |
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SECTION 9. (a) The changes in law made by this Act to |
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Section 54.211, Education Code, apply beginning with tuition and |
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fees imposed by a public institution of higher education for the |
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2009 fall semester. Tuition and fees for a term or semester before |
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the 2009 fall semester are covered by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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(b) The changes in law made by this Act to Section 54.211, |
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Education Code, apply only to a child who is in the conservatorship |
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of the Department of Family and Protective Services on or after the |
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effective date of this Act. A child who left the conservatorship of |
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the Department of Family and Protective Services 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 child left the department's conservatorship, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |