|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
No
equivalent provision.
|
SECTION 1. Section 107.002,
Family Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) In addition to the
duties required by Subsection (b), a guardian ad litem appointed for a
child in a proceeding under Chapter 262 or 263 shall:
(1) review the medical
care provided to the child; and
(2) in a developmentally
appropriate manner, seek to elicit the child's opinion on the medical care
provided.
|
|
No
equivalent provision.
|
SECTION 2. Section 107.003,
Family Code, is amended to read as follows:
Sec. 107.003. POWERS AND
DUTIES OF ATTORNEY AD LITEM FOR CHILD AND AMICUS ATTORNEY. (a) An
attorney ad litem appointed to represent a child or an amicus attorney
appointed to assist the court:
(1) shall:
(A) subject to Rules 4.02,
4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and
within a reasonable time after the appointment, interview:
(i) the child in a
developmentally appropriate manner, if the child is four years of age or
older;
(ii) each person who has
significant knowledge of the child's history and condition, including any
foster parent of the child; and
(iii) the parties to the
suit;
(B) seek to elicit in a
developmentally appropriate manner the child's expressed objectives of
representation;
(C) consider the impact on
the child in formulating the attorney's presentation of the child's
expressed objectives of representation to the court;
(D) investigate the facts of
the case to the extent the attorney considers appropriate;
(E) obtain and review copies
of relevant records relating to the child as provided by Section 107.006;
(F) participate in the
conduct of the litigation to the same extent as an attorney for a party;
(G) take any action
consistent with the child's interests that the attorney considers necessary
to expedite the proceedings;
(H) encourage settlement and
the use of alternative forms of dispute resolution; and
(I) review and sign, or
decline to sign, a proposed or agreed order affecting the child;
(2) must be trained in child
advocacy or have experience determined by the court to be equivalent to
that training; and
(3) is entitled to:
(A) request clarification
from the court if the role of the attorney is ambiguous;
(B) request a hearing or
trial on the merits;
(C) consent or refuse to
consent to an interview of the child by another attorney;
(D) receive a copy of each
pleading or other paper filed with the court;
(E) receive notice of each
hearing in the suit;
(F) participate in any case
staffing concerning the child conducted by an authorized agency; and
(G) attend all legal
proceedings in the suit.
(b) In addition to the
duties required by Subsection (a), an attorney ad litem appointed for a
child in a proceeding under Chapter 262 or 263 shall:
(1) review the medical
care provided to the child;
(2) in a developmentally
appropriate manner, seek to elicit the child's opinion on the medical care
provided; and
(3) for a child at least
16 years of age, advise the child of the child's right to request the court
to authorize the child to consent to the child's own medical care under
Section 266.010.
|
|
No
equivalent provision.
|
SECTION 3. Section 263.306(a),
Family Code, is amended to read as follows:
(a) At each permanency
hearing the court shall:
(1) identify all persons or
parties present at the hearing or those given notice but failing to appear;
(2) review the efforts of
the department or another agency in:
(A) attempting to locate all
necessary persons;
(B) requesting service of
citation; and
(C) obtaining the assistance
of a parent in providing information necessary to locate an absent parent,
alleged father, or relative of the child;
(3) review the efforts of
each custodial parent, alleged father, or relative of the child before the
court in providing information necessary to locate another absent parent,
alleged father, or relative of the child;
(4) return the child to the
parent or parents if the child's parent or parents are willing and able to
provide the child with a safe environment and the return of the child is in
the child's best interest;
(5) place the child with a
person or entity, other than a parent, entitled to service under Chapter
102 if the person or entity is willing and able to provide the child with a
safe environment and the placement of the child is in the child's best
interest;
(6) evaluate the
department's efforts to identify relatives who could provide the child with
a safe environment, if the child is not returned to a parent or another
person or entity entitled to service under Chapter 102;
(7) evaluate the parties'
compliance with temporary orders and the service plan;
(8) review the medical
care provided to the child as required by Section 266.007;
(9) ensure the child has
been provided the opportunity, in a developmentally appropriate manner, to
express the child's opinion on the medical care provided;
(10) for a child
receiving psychotropic medication, determine whether the child:
(A) has been provided
appropriate psychosocial therapies, behavior strategies, and other
non-pharmacological interventions; and
(B) has been seen by the
prescribing physician at least once every 90 days for purposes of the
review required by Section 266.011;
(11) determine
whether:
(A) the child continues to
need substitute care;
(B) the child's current
placement is appropriate for meeting the child's needs, including with
respect to a child who has been placed outside of the state, whether that
placement continues to be in the best interest of the child; and
(C) other plans or services
are needed to meet the child's special needs or circumstances;
(12) [(9)] if
the child is placed in institutional care, determine whether efforts have
been made to ensure placement of the child in the least restrictive
environment consistent with the best interest and special needs of the
child;
(13) [(10)] if
the child is 16 years of age or older, order services that are needed to
assist the child in making the transition from substitute care to
independent living if the services are available in the community;
(14) [(11)]
determine plans, services, and further temporary orders necessary to ensure
that a final order is rendered before the date for dismissal of the suit
under this chapter;
(15) [(12)] if
the child is committed to the Texas Juvenile Justice Department [Youth
Commission] or released under supervision by the Texas Juvenile
Justice Department [Youth Commission], determine whether the
child's needs for treatment, rehabilitation, and education are being met;
and
(16) [(13)]
determine the date for dismissal of the suit under this chapter and give
notice in open court to all parties of:
(A) the dismissal date;
(B) the date of the next
permanency hearing; and
(C) the date the suit is set
for trial.
|
|
No
equivalent provision.
|
SECTION 4. Section
263.503(a), Family Code, is amended to read as follows:
(a) At each placement review
hearing, the court shall determine whether:
(1) the child's current
placement is necessary, safe, and appropriate for meeting the child's
needs, including with respect to a child placed outside of the state,
whether the placement continues to be appropriate and in the best interest
of the child;
(2) efforts have been made
to ensure placement of the child in the least restrictive environment
consistent with the best interest and special needs of the child if the
child is placed in institutional care;
(3) the services that are
needed to assist a child who is at least 16 years of age in making the
transition from substitute care to independent living are available in the
community;
(4) the child is
receiving appropriate medical care;
(5) the child has been
provided the opportunity, in a developmentally appropriate manner, to
express the child's opinion on the medical care provided;
(6) a child who is
receiving psychotropic medication:
(A) has been provided
appropriate psychosocial therapies, behavior strategies, and other
non-pharmacological interventions; and
(B) has been seen by the
prescribing physician at least once every 90 days for purposes of the
review required by Section 266.011;
(7) other plans or
services are needed to meet the child's special needs or circumstances;
(8) [(5)] the
department or authorized agency has exercised due diligence in attempting
to place the child for adoption if parental rights to the child have been
terminated and the child is eligible for adoption;
(9) [(6)] for
a child for whom the department has been named managing conservator in a
final order that does not include termination of parental rights, a
permanent placement, including appointing a relative as permanent managing
conservator or returning the child to a parent, is appropriate for the
child;
(10) [(7)] for
a child whose permanency goal is another planned, permanent living
arrangement, the department has:
(A) documented a compelling
reason why adoption, permanent managing conservatorship with a relative or
other suitable individual, or returning the child to a parent is not in the
child's best interest; and
(B) identified a family or
other caring adult who has made a permanent commitment to the child;
(11) [(8)] the
department or authorized agency has made reasonable efforts to finalize the
permanency plan that is in effect for the child; and
(12) [(9)] if
the child is committed to the Texas Juvenile Justice Department [Youth
Commission] or released under supervision by the Texas Juvenile
Justice Department [Youth Commission], the child's needs for
treatment, rehabilitation, and education are being met.
|
|
SECTION 1. Section 264.121,
Family Code, is amended by adding Subsection (g) to read as follows:
(g) For a youth taking
prescription medication, the department shall ensure that the youth's
transition plan includes provisions to assist the youth in managing the use
of the medication after leaving foster care, including information that
educates the youth in the use of the medication and provides the youth with
information about the resources that are available to assist the youth in
managing the use of the medication.
|
SECTION 5. Section 264.121,
Family Code, is amended by adding Subsection (g) to read as follows:
(g) For a youth taking
prescription medication, the department shall ensure that the youth's transition
plan includes provisions to assist the youth in managing the use of the
medication and in managing the child's
long-term physical and mental health needs after leaving foster
care, including provisions that inform the youth about:
(1) the use of the
medication;
(2) the resources that
are available to assist the youth in managing the use of the medication;
and
(3) informed consent and the provision of medical care in accordance
with Section 266.010(l).
|
|
SECTION 2. Section 266.001,
Family Code, is amended by adding Subdivision (6) to read as follows:
(6) "Psychotropic
drug" has the meaning assigned by
Section 261.111.
|
SECTION 6. Section 266.001,
Family Code, is amended by adding Subdivision (6) to read as follows:
(6) "Psychotropic
medication"
means a medication that is prescribed for the treatment of symptoms
of psychosis or another mental, emotional, or behavioral disorder and that
is used to exercise an effect on the central nervous system to influence
and modify behavior, cognition, or affective state. The term includes the
following categories when used as described by this subdivision:
(A) psychomotor stimulants;
(B) antidepressants;
(C) antipsychotics or neuroleptics;
(D) agents for control of mania or depression;
(E) antianxiety agents; and
(F) sedatives, hypnotics, or other sleep-promoting medications.
|
|
SECTION 3. Section 266.004,
Family Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Consent to the
administration of a psychotropic drug is valid only if it is provided in
the manner provided by Section 576.025(b), Health and Safety Code. The
evidence of the consent may be included in the foster child's health
passport.
|
SECTION 8. Chapter 266,
Family Code, is amended by adding Section 266.0042 to read as follows:
Sec. 266.0042. CONSENT
FOR PSYCHOTROPIC MEDICATION. (a) Consent to the administration of a
psychotropic medication is valid only if:
(1) the consent is given
voluntarily and without undue influence; and
(2) the person authorized
by law to consent for the foster child receives verbally or in writing
information that describes:
(A) the specific
condition to be treated;
(B) the beneficial
effects on that condition expected from the medication;
(C) the probable health
and mental health consequences of not consenting to the medication;
(D) the probable
clinically significant side effects and risks associated with the
medication; and
(E) the generally
accepted alternative medications and non-pharmacological interventions to
the medication, if any, and the reasons the physician recommends the
proposed course of treatment.
(b) Consent to the
administration of a psychotropic medication must be evidenced by the
completion of a form prescribed by the department that is signed by the
person authorized to consent to medical care for the foster child and by
the health care provider administering the psychotropic medication or a
person designated by that health care provider.
(c) The completed form
must be filed in the child's case file and in the child's medical records.
|
|
No
equivalent provision.
|
SECTION 7. Section 266.004,
Family Code, is amended by adding Subsections (h-1) and (h-2) to read as
follows:
(h-1) The training
required by Subsection (h) must include training related to informed
consent for the administration of psychotropic medication and the
appropriate use of psychosocial therapies, behavior strategies, and other
non-pharmacological interventions that should be considered before or
concurrently with the administration of psychotropic medications.
(h-2) Each person
required to complete a training program under Subsection (h) must
acknowledge in writing that the person:
(1) has received the
training described by Subsection (h-1);
(2) understands the
principles of informed consent for the administration of psychotropic
medication; and
(3) understands that
non-pharmacological interventions should be considered and discussed with
the prescribing physician before consenting to the use of a psychotropic
medication.
|
|
No
equivalent provision.
|
SECTION 9. The heading to
Section 266.005, Family Code, is amended to read as follows:
Sec. 266.005. PARENTAL
NOTIFICATION OF CERTAIN [SIGNIFICANT] MEDICAL CONDITIONS.
|
|
SECTION 4. Section 266.005,
Family Code, is amended.
|
SECTION 10. Substantially the
same as introduced version.
|
|
SECTION 5. Section 266.007,
Family Code, is amended by amending Subsection (a) and adding Subsection
(d) to read as follows:
(a) At each hearing under
Chapter 263, or more frequently if ordered by the court, the court shall
review a summary of the medical care provided to the foster child since the
last hearing. The summary must include information regarding:
(1) the nature of any
emergency medical care provided to the child and the circumstances
necessitating emergency medical care, including any injury or acute illness
suffered by the child;
(2) all medical and mental
health treatment that the child is receiving and the child's progress with
the treatment;
(3) any medication
prescribed for the child, [and] the condition, diagnosis, and
symptoms for which the medication was prescribed, and the child's
progress with the medication;
(4) any
non-pharmacological interventions tried before the prescription of a
psychotropic drug, plans for discontinuing
the psychotropic drug, and the child's prognosis with and without the
psychotropic drug;
(5) the degree to
which the child or foster care provider has complied or failed to comply
with any plan of medical treatment for the child;
(6) [(5)] any
adverse reaction to or side effects of any medical treatment provided to
the child;
(7) [(6)] any
specific medical condition of the child that has been diagnosed or for
which tests are being conducted to make a diagnosis;
(8) [(7)] any
activity that the child should avoid or should engage in that might affect
the effectiveness of the treatment, including physical activities, other
medications, and diet; and
(9) [(8)]
other information required by department rule or by the court.
(d) At a hearing under
Chapter 263 in which the court reviews a summary of medical care provided
to a foster child who is prescribed a psychotropic drug, the court shall
make a finding as to whether the department has required, in nonemergency
situations, the child's physician to consider and eliminate the option of
non-pharmacological interventions, including psychosocial interventions,
before prescribing a psychotropic drug for the child.
|
SECTION 11. Section
266.007(a), Family Code, is amended to read as follows:
(a) At each hearing under
Chapter 263, or more frequently if ordered by the court, the court shall
review a summary of the medical care provided to the foster child since the
last hearing. The summary must include information regarding:
(1) the nature of any
emergency medical care provided to the child and the circumstances
necessitating emergency medical care, including any injury or acute illness
suffered by the child;
(2) all medical and mental
health treatment that the child is receiving and the child's progress with
the treatment;
(3) any medication
prescribed for the child, [and] the condition, diagnosis, and
symptoms for which the medication was prescribed, and the child's
progress with the medication;
(4) for a child receiving
a psychotropic medication:
(A) any psychosocial
therapies, behavior strategies, or other non-pharmacological interventions
that have been provided to the child; and
(B) the dates since the previous hearing of any office visits the
child had with the prescribing physician as required by Section 266.011;
(5) the degree to
which the child or foster care provider has complied or failed to comply
with any plan of medical treatment for the child;
(6) [(5)] any
adverse reaction to or side effects of any medical treatment provided to
the child;
(7) [(6)] any
specific medical condition of the child that has been diagnosed or for
which tests are being conducted to make a diagnosis;
(8) [(7)] any
activity that the child should avoid or should engage in that might affect
the effectiveness of the treatment, including physical activities, other
medications, and diet; and
(9) [(8)]
other information required by department rule or by the court.
No
equivalent provision.
|
|
SECTION 6. Chapter 266,
Family Code, is amended.
|
SECTION 12. Substantially
the same as introduced version.
|
|
SECTION 7. Section
533.0161(b), Government Code, is amended.
|
SECTION 13. Substantially
the same as introduced version.
|
|
SECTION 8. The heading to
Subchapter A, Chapter 266, Family Code, is repealed.
|
SECTION 14. Same as
introduced version.
|
|
No
equivalent provision.
|
SECTION 15. The changes in
law made by this Act apply to a suit affecting the parent-child
relationship pending in a trial court on or filed on or after the effective
date of this Act.
|
|
SECTION 9. This Act takes
effect September 1, 2013.
|
SECTION 16. Same as
introduced version.
|
|