Amend SB 993 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 262, Family Code, is amended by adding Section 262.1095 to read as follows:
Sec. 262.1095. INFORMATION PROVIDED TO RELATIVES AND CERTAIN INDIVIDUALS; INVESTIGATION. (a) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department:
(1) shall provide information as prescribed by this section to each adult the department is able to identify and locate who:
(A) is related to the child within the third degree by consanguinity as determined under Chapter 573, Government Code, or is an adult relative of the alleged father of the child who the department determines is most likely to be the child's biological father; and
(B) is identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307; and
(2) may provide information as prescribed by this section to each adult the department is able to identify and locate who has a long-standing and significant relationship with the child.
(b) The information provided under Subsection (a) must:
(1) state that the child has been removed from the child's home and is in the temporary managing conservatorship of the department;
(2) explain the options available to the individual to participate in the care and placement of the child and the support of the child's family;
(3) state that some options available to the individual may be lost if the individual fails to respond in a timely manner; and
(4) include, if applicable, the date, time, and location of the hearing under Subchapter C, Chapter 263.
(c) The department is not required to provide information to an individual if the individual has received service of citation under Section 102.009 or if the department determines providing information is inappropriate because the individual has a criminal history or a history of family violence.
(d) The department shall use due diligence to identify and locate all individuals described by Subsection (a) not later than the 30th day after the date the department files a suit affecting the parent-child relationship. In order to identify and locate the individuals described by Subsection (a), the department shall seek information from:
(1) each parent, relative, and alleged father of the child; and
(2) the child in an age-appropriate manner.
(e) The failure of a parent or alleged father of the child to complete the proposed child placement resources form does not relieve the department of its duty to seek information about the person under Subsection (d).
SECTION ____. Subchapter A, Chapter 263, Family Code, is amended by adding Section 263.007 to read as follows:
Sec. 263.007. REPORT REGARDING NOTIFICATION OF RELATIVES. Not later than the 10th day before the date set for a hearing under Subchapter C, the department shall file with the court a report regarding:
(1) the efforts the department made to identify, locate, and provide information to the individuals described by Section 262.1095;
(2) the name of each individual the department identified, located, or provided with information; and
(3) if applicable, an explanation of why the department was unable to identify, locate, or provide information to an individual described by Section 262.1095.
SECTION ____. The heading to Section 263.105, Family Code, is amended to read as follows:
Sec. 263.105. REVIEW OF SERVICE PLAN; MODIFICATION.
SECTION ____. Section 263.105, Family Code, is amended by adding Subsection (c) to read as follows:
(c) The court may modify an original or amended service plan at any time.
SECTION ____. Section 263.201(b), Family Code, is amended to read as follows:
(b) A status hearing is not required if the court holds an initial permanency hearing under Section 262.2015 and makes findings required by Section 263.202 before the date a status hearing is required by this section.
SECTION ____. Section 263.202, Family Code, is amended by amending Subsections (a) and (b) and adding Subsections (b-1), (f), (g), and (h) to read as follows:
(a) If all persons [parties] entitled to citation and notice of a status hearing under this chapter were not served, the court shall make findings as to whether:
(1) the department or other agency has exercised due diligence to locate all necessary persons, including an alleged father of the child, regardless of whether the alleged father is registered with the registry of paternity under Section 160.402; and
(2) the child and each [custodial] parent, alleged father, or relative of the child before the court have [has] furnished to the department all available information necessary to locate an [another] absent parent, alleged father, or relative of the child through exercise of due diligence.
(b) Except as otherwise provided by this subchapter [Subsection (e)], a status hearing shall be limited to matters related to the contents and execution of the service plan filed with the court. The court shall review the service plan that the department or other agency filed under this chapter for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether:
(1) a plan that has the goal of returning the child to the child's parents adequately ensures that reasonable efforts are made to enable the child's parents to provide a safe environment for the child; [and]
(2) the child's parents have reviewed and understand the [service] plan and have been advised that unless the parents are willing and able to provide the child with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, the parents' parental and custodial duties and rights may be subject to restriction or to termination under this code or the child may not be returned to the parents;
(3) the plan is reasonably tailored to address any specific issues identified by the department or other agency; and
(4) the child's parents and the representative of the department or other agency have signed the plan.
(b-1) After reviewing the service plan and making any necessary modifications, the court shall incorporate the service plan into the orders of the court and may render additional appropriate orders to implement or require compliance with the plan.
(f) The court shall review the report filed by the department under Section 263.007 and inquire into the sufficiency of the department's efforts to identify, locate, and provide information to each adult described by Section 262.1095(a). The court shall order the department to make further efforts to identify, locate, and provide information to each adult described by Section 262.1095(a) if the court determines that the department's efforts have not been sufficient.
(g) The court shall give the child's parents an opportunity to comment on the service plan.
(h) If a proposed child placement resources form as described by Section 261.307 has not been submitted, the court shall require each parent, alleged father, or other person to whom the department is required to provide a form to submit a completed form.
SECTION ____. Subchapter C, Chapter 263, Family Code, is amended by adding Section 263.203 to read as follows:
Sec. 263.203. APPOINTMENT OF ATTORNEY AD LITEM; ADMONISHMENTS. (a) The court shall advise the parties of the provisions regarding the mandatory appointment of an attorney ad litem under Subchapter A, Chapter 107, and shall appoint an attorney ad litem to represent the interests of any person eligible if the appointment is required by that subchapter.
(b) The court shall advise the parties that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the plan.
SECTION ____. Sections 263.202(c) and (d), Family Code, are repealed.
SECTION ____. The changes in law made by this Act to Chapters 262 and 263, Family Code, apply only to a child taken into possession by the Department of Family and Protective Services or another agency on or after the effective date of this Act. A child taken into possession before that date is governed by the law in effect on the date the child is taken into possession, and the former law is continued in effect for that purpose.