82R3704 TJB-D

By: Zerwas H.B. No. 792

A BILL TO BE ENTITLED

AN ACT

relating to the notice requirements for and effective date of a service plan filed by the Department of Family and Protective Services with regard to a child.

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

SECTION 1. Section 263.102, Family Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) Unless otherwise ordered by a court, a service plan must include the following statement prominently displayed immediately above each parent's signature in at least 12-point type that is boldfaced and capitalized:

THIS SERVICE PLAN IS NOT MANDATORY. THIS SERVICE PLAN IS MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. YOU ARE NOT REQUIRED TO SIGN IT. ALTHOUGH YOU MAY SIGN IT IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS SERVICE PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD. YOUR REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT. A VIOLATION OF THIS SERVICE PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR PARENTAL RIGHTS AND DUTIES. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING THIS SERVICE PLAN.

SECTION 2. Sections 263.103(a), (c), and (d), Family Code, are amended to read as follows:

(a) Before the service plan is signed, the child's parents and the representative of the department or other agency shall discuss each term and condition of the plan. The representative shall inform the child's parents that compliance with the service plan is voluntary.

(c) If the department or other authorized agency determines that the child's parents are unable or unwilling to sign the service plan, a parent or the department may file a motion for a hearing to approve the plan. The court may accept or modify the plan based on the testimony of the parties [without the parents' signatures].

(d) The plan takes effect when:

(1) the child's parents and the appropriate representative of the department or other authorized agency sign the plan; or

(2) if the child's parents refuse to sign the plan, the court approves the plan [the department or other authorized agency files the plan without the parents' signatures].

SECTION 3. Section 263.104, Family Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:

(a-1) If the department or other authorized agency determines that the child's parents are unable or unwilling to sign the amended service plan, a parent or the department may file a motion for a hearing to approve the amended service plan. The court may accept or modify the amended service plan based on the testimony of the parties.

(b) The amended service plan supersedes the previously filed service plan and takes effect when:

(1) the child's parents and the appropriate representative of the department or other authorized agency sign the plan; or

(2) if the child's parents refuse to sign the plan, the court approves the plan [the department or other authorized agency determines that the child's parents are unable or unwilling to sign the amended plan and files it without the parents' signatures].

SECTION 4. Section 264.751(1), Family Code, is amended to read as follows:

(1) "Designated caregiver" means an individual [who has a longstanding and significant relationship with a child for whom the department has been appointed managing conservator and] who:

(A) is appointed to provide substitute care for a [the] child for whom the department has been appointed managing conservator, but is not licensed by the department or verified by a licensed child-placing agency or the department to operate a foster home, foster group home, agency foster home, or agency foster group home under Chapter 42, Human Resources Code; or

(B) is subsequently appointed permanent managing conservator of the child after providing the care described by Paragraph (A).

SECTION 5. Section 264.752, Family Code, is amended by adding Subsection (d) to read as follows:

(d) There is a rebuttable presumption that placing a child in the care of a person designated by the parent or other person having legal custody of the child is in the best interest of the child.

SECTION 6. Section 264.753, Family Code, is amended to read as follows:

Sec. 264.753. EXPEDITED PLACEMENT. The department or other authorized entity shall expedite the completion of the background and criminal history check[, the home study,] and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after the date the caregiver is identified.

SECTION 7. Section 264.754, Family Code, is amended to read as follows:

Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [Before] placing a child with a proposed relative or other designated caregiver, the department may [must] conduct a comprehensive [an] investigation, including a home study, to determine whether the [proposed] placement provides a safe environment for the child [is in the child's best interest].

SECTION 8. The changes in law made by this Act to Sections 263.102, 263.103, and 263.104, Family Code, apply only to a service plan filed by the Department of Family and Protective Services and submitted to a child's parent on or after the effective date of this Act. A service plan filed by the department and submitted to a child's parent before the effective date of this Act is governed by the law in effect on the date the service plan was filed, and the former law is continued in effect for that purpose.

SECTION 9. The changes in law made by this Act to Sections 264.751, 264.752, 264.753, and 264.754, Family Code, apply only to an investigation of a report of child abuse or neglect that is made on or after the effective date of this Act. A report that is made before the effective date of this Act is governed by the law in effect on the date the report was made, and the former law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2011.