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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of a court to conduct placement review |
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hearings for a child in the managing conservatorship of the state |
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after the child's 18th birthday. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 263, Family Code, is |
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amended by adding Section 263.504 to read as follows: |
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Sec. 263.504. EXTENDED JURISDICTION AFTER CHILD'S 18TH |
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BIRTHDAY. (a) If the department has been named as a child's |
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managing conservator and the child remains in substitute care on |
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the child's 18th birthday or receives services from the department |
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after the child's 18th birthday, the court may render an order that |
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continues the court's jurisdiction of the child if: |
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(1) the court finds that the child is subject to the |
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court's jurisdiction under a suit affecting the parent-child |
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relationship filed by the department before the child's 18th |
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birthday and the child consents to or requests an extension of the |
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court's jurisdiction after the child's 18th birthday; or |
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(2) on the court's own motion, the court determines |
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that the child is substantially unable to provide for the child's |
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own food, clothing, or shelter because of a mental or physical |
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disability. |
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(b) The extended jurisdiction of the court terminates on the |
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earliest of: |
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(1) the child's 21st birthday; |
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(2) the date the child withdraws consent to the |
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extension of the court's jurisdiction in writing or in court, if the |
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court extends jurisdiction under Subsection (a)(1); or |
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(3) the date the court determines that the child is |
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able to provide for the child's own food, clothing, or shelter, if |
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the court extends jurisdiction under Subsection (a)(2). |
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(c) If the court's jurisdiction is extended, the court may |
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continue to hold periodic review hearings under this section or may |
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schedule a hearing on request of the child, the child's attorney, or |
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the child's guardian ad litem or volunteer advocate. |
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(d) The court may continue the appointment or renew the |
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appointment of a guardian ad litem, volunteer advocate, or attorney |
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ad litem for the child on request of the child. |
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(e) In any review hearing held under this section, the court |
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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 and continues to be |
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appropriate and in the best interest of the child; |
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(2) if the child is placed in institutional care, |
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efforts have been made to ensure placement of the child in the least |
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restrictive environment consistent with the best interest and |
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special needs of the child; |
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(3) the services that are needed to assist the child in |
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making the transition from substitute care to independent living |
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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; and |
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(5) the department has: |
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(A) exercised due diligence in providing the |
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child with services identified in the service plan; and |
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(B) made reasonable efforts to develop the |
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child's service plan after consulting with the child. |
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SECTION 2. 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. |