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A BILL TO BE ENTITLED
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AN ACT
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relating to mandatory dismissal deadlines and extended |
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jurisdiction in suits affecting the parent-child relationship to |
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which the Department of Family and Protective Services is a party. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 201.2041, Family Code, |
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is amended to read as follows: |
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(b) Regardless of whether a de novo hearing is requested |
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before the referring court, [a proposed order or judgment rendered
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by an associate judge that meets the requirements of Section
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263.401(d) is considered a final order] for purposes of Section |
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263.401, the suit is not required to be dismissed if the associate |
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judge commences the trial on the merits prior to the applicable |
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deadline for dismissal. |
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SECTION 2. Section 263.401, Family Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) If, after commencement of the initial trial on the |
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merits in the time described by Subsection (a) or (b), the court |
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grants a motion for new trial or a mistrial, the court may retain |
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the suit on the court's docket. If the court retains the suit on the |
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court's docket, the court shall render an order in which the court: |
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(1) schedules a new date, not later than the 180th day |
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after the date the motion for new trial or mistrial is granted, on |
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which the suit will be dismissed if the new trial has not commenced; |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits to commence on a date |
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not later than the date specified under Subdivision (1). |
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(c) If the court grants an extension under Subsection (b) or |
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a new trial or mistrial under Subsection (b-1) but does not commence |
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the trial on the merits before the required new date for dismissal |
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[under Subsection (b)], the court shall dismiss the suit. The court |
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may not grant an additional extension that extends the suit beyond |
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the required date for dismissal under Subsection (b) or (b-1). |
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SECTION 3. Section 263.403, Family Code, is amended by |
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adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) If, after commencement of the initial trial on the |
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merits in the times described by Subsection (b) or (c), the court |
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grants a motion for new trial or a mistrial, the court may retain |
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the suit on the court's docket. If the court retains the suit on the |
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court's docket, the court shall render an order in which the court: |
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(1) schedules a new date, not later than the 180th day |
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after the date the motion for new trial or mistrial is granted, on |
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which the suit will be dismissed if the new trial has not commenced; |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits to commence on a date |
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not later than the date specified under Subdivision (1). |
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(c-2) If the court grants an extension under Subsection (b) |
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or (c) or a new trial or mistrial under Subsection (c-1) but does |
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not commence the trial on the merits before the required new date |
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for dismissal, the court shall dismiss the suit. The court may not |
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grant an additional extension that extends the suit beyond the |
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required date for dismissal under Subsection (b), (c), or (c-1). |
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SECTION 4. Section 263.601, Family Code, is amended to read |
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as follows: |
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Sec. 263.601. DEFINITIONS. In this subchapter: |
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(1) "Foster care" means a voluntary residential living |
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arrangement with a foster parent or other residential child-care |
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provider that is: |
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(A) licensed or approved by the department or |
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verified by a licensed child-placing agency; and |
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(B) paid under a contract with the department. |
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(2) "Guardianship services" means the services |
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provided by the Department of Aging and Disability Services under |
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Subchapter E, Chapter 161, Human Resources Code. |
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(3) "Institution" means a residential facility that is |
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operated, licensed, registered, certified, or verified by a state |
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agency other than the department. The term includes a residential |
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service provider under a Medicaid waiver program authorized under |
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Section 1915(c) of the federal Social Security Act that provides |
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services at a residence other than the young adult's own home. |
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(4) "Trial independence period" means a period of not |
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less than six months, or for such longer period as a court may order |
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not to exceed 12 months, during which a young adult exits foster |
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care with the option to resume foster care under the continuing |
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extended jurisdiction of the court. |
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(5) "Young adult" means a person between 18 and 21 |
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years of age who: |
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(A) was in the conservatorship of the department |
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on the day before the person's 18th birthday; and |
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(B) after the person's 18th birthday, resides in |
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foster care or receives transitional living services from the |
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department. |
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SECTION 5. Section 263.602, Family Code, is amended to read |
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as follows: |
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Sec. 263.602. EXTENDED JURISDICTION AND TRIAL INDEPENDENCE |
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FOR YOUTH IN EXTENDED FOSTER CARE. (a) A court that had |
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continuing, exclusive jurisdiction over a young adult on the day |
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before the young adult's 18th birthday continues to have extended |
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jurisdiction over the young adult and shall retain the case on the |
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court's docket while the young adult remains in extended foster |
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care and during a trial independence period as described in this |
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section. |
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(b) A court with extended jurisdiction of a young adult who |
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remains in extended foster care shall conduct periodic extended |
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foster care review hearings every six months for the purpose of |
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reviewing and making findings regarding the following: |
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(1) whether the young adult's living arrangement is |
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safe and appropriate and whether the department has made reasonable |
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efforts to place the young adult in the least restrictive |
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environment necessary to meet the needs of the young adult; |
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(2) whether the department is making reasonable |
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efforts to finalize the permanency plan that is in effect for the |
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young adult, including a permanency plan for independent living; |
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(3) for a young adult whose permanency plan is |
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independent living, whether: |
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(A) the young adult participated in the |
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development of a plan of service; |
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(B) the young adult's plan of service reflects |
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the independent living skills and appropriate services needed to |
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achieve independence by the projected date; and |
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(C) the young adult is making reasonable progress |
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in developing the skills needed to achieve independence by the |
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projected date; and |
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(4) whether additional services that the department is |
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authorized to provide under statute or department rules or policy, |
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either directly or through a contracted service provider, or that |
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are available in the community, are needed to meet the needs of the |
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young adult. |
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(c) No less than 10 days prior to a scheduled hearing under |
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this section, the department shall provide the court with a copy of |
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the young adult's plan of service and a court report addressing the |
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issues the court is required to review under Subsection (b). |
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(d) Notice of an extended foster care review hearing shall |
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be given as provided by Rule 21a, Texas Rules of Civil Procedure, to |
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the following persons, each of whom has a right to present evidence |
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and be heard at the hearing: |
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(1) the young adult who is the subject of the suit; |
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(2) the department; |
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(3) the foster parent with whom the young adult is |
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placed and the licensed administrator of a child placing agency |
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responsible for placing the young adult, if applicable; |
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(4) the director of the residential child-care |
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facility or other approved provider with whom the young adult is |
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placed, if applicable; |
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(5) each parent of the young adult whose parental |
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rights have not been terminated and who still is actively involved |
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in the life of the young adult; |
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(6) a legal guardian of the young adult, if |
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applicable; and |
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(7) the young adult's attorney ad litem, guardian ad |
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litem, and volunteer advocate, the appointment of whom has not been |
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previously dismissed by the court. |
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(e) If, after reviewing the young adult's plan of service |
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and court report provided under Subsection (c), and any additional |
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testimony and evidence presented at the review hearing, the court |
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determines that the young adult is entitled to additional services |
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under the department's rules or policies, or under a contract with a |
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service provider, the court may order the department to take |
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appropriate action to ensure that the young adult receives the |
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additional services to which the young adult is entitled. |
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(f) A court with extended jurisdiction over a young adult as |
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described in Subsection (a) shall continue to have jurisdiction |
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over the young adult and shall retain the case on the court's docket |
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until the earlier of: |
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(1) six months from the month in which the young adult |
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leaves foster care, or up to 12 months from the month in which the |
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young adult leaves foster care if so specified in a court order, for |
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the purpose of allowing the young adult to pursue a trial |
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independence period; or |
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(2) the young adult's 21st birthday. |
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(g) A court with extended jurisdiction as described in this |
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section is not required to conduct periodic hearings for a young |
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adult during a trial independence period and may not compel a young |
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adult who has exited foster care to attend a court hearing [may, at
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the young adult's request, render an order that extends the court's
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jurisdiction over the young adult as provided by this subchapter.
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[(b)
The extended jurisdiction of the court terminates on
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the earlier of:
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[(1) the young adult's 21st birthday; or
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[(2)
the date the young adult withdraws consent to the
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extension of the court's jurisdiction in writing or in court]. |
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SECTION 6. Subchapter G, Chapter 263, Family Code, is |
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amended by adding Section 263.6021 to read as follows: |
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Sec. 263.6021. VOLUNTARY EXTENDED JURISDICTION FOR YOUNG |
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ADULT RECEIVING TRANSITIONAL LIVING SERVICES. |
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(a) Notwithstanding Section 263.602, a court that had |
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jurisdiction over a young adult on the day before the young adult's |
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18th birthday may, at the young adult's request, render an order |
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that extends the court's jurisdiction beyond the end of a trial |
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independence period if the young adult is receiving transitional |
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living services from the department. |
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(b) The extended jurisdiction of the court under this |
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section terminates on the earlier of: |
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(1) the young adult's 21st birthday; or |
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(2) the date the young adult withdraws consent to the |
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extension of the court's jurisdiction in writing or in court. |
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(c) At the request of a young adult who is receiving |
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transitional living services from the department and who consents |
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to voluntary extension of the court's jurisdiction under this |
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section, the court may hold a hearing to review the services the |
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young adult is receiving. |
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(d) Before a review hearing scheduled under this section, |
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the department must provide the court with a court report |
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summarizing the young adult's transitional living services plan, |
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services being provided to the young adult under that plan, and the |
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young adult's progress in achieving independence. |
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(e) If, after reviewing the court report and any additional |
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testimony and evidence presented at the hearing, the court |
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determines that the young adult is entitled to additional services |
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under the department's rules or policies, or under a contract with a |
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service provider, the court may order the department to take |
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appropriate action to ensure that the young adult receives the |
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additional services to which the young adult is entitled. |
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SECTION 7. Subsections (a) and (c), Section 263.603, Family |
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Code, are amended to read as follows: |
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(a) Notwithstanding Section 263.6021 [263.602], if the |
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court believes that a young adult may be incapacitated as defined by |
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Section 601(14)(B), Texas Probate Code, the court may extend its |
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jurisdiction on its own motion without the young adult's consent to |
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allow the department to refer the young adult to the Department of |
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Aging and Disability Services for guardianship services as required |
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by Section 48.209, Human Resources Code. |
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(c) If the Department of Aging and Disability Services |
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determines a guardianship is not appropriate, or the court with |
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probate jurisdiction denies the application to appoint a guardian, |
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the court under Subsection (a) may continue to extend its |
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jurisdiction over the young adult only as provided by Section |
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263.602 or 263.6021. |
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SECTION 8. Section 263.609, Family Code, is repealed. |
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SECTION 9. The changes in law made by this Act to Sections |
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263.401 and 263.403, Family Code, apply to a suit affecting the |
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parent-child relationship regardless of when filed. |
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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, 2011. |
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* * * * * |