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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subchapter B,
Chapter 262, Family Code, is amended by adding Section 262.115 to read as
follows:
Sec. 262.115. VISITATION
WITH CERTAIN CHILDREN; PLAN; GUIDELINES.
(a) In this section, "department"
means the Department of Family and Protective Services.
(b) This section applies
only to a child:
(1) who is three years of age or younger;
(2) who has been taken into possession by the department;
(3) for whom the department is seeking appointment as temporary
managing conservator; and
(4) for whom the
department's goal is reunification of the child with a parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian who is otherwise entitled to possession
of the child.
(c) The department shall
ensure that a parent, managing conservator,
possessory conservator, guardian, caretaker, or custodian who is otherwise entitled to possession of the
child
has an opportunity to
visit the child not later than the third day after the date of the initial hearing before a court regarding the
child.
(d) Before a full
adversary hearing under Subchapter C, the department shall file a
visitation plan with the court. The visitation plan must allow a parent,
managing conservator, possessory conservator, guardian, caretaker, or
custodian who is otherwise entitled to possession of the child to have
visitation with the child at least two times each week unless the
department determines that visitation is not in the best interest of the
child.
(e) The department shall
develop guidelines to govern appropriate visitation with a child under the
visitation plan.
(f) A visitation plan
under this section may not conflict with an existing order for possession
of or access to the child.
No
equivalent provision.
No
equivalent provision.
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SECTION 1. Subchapter B,
Chapter 262, Family Code, is amended by adding Section 262.115 to read as
follows:
Sec. 262.115. VISITATION
WITH CERTAIN CHILDREN; TEMPORARY VISITATION
SCHEDULE.
(a) In this section, "department"
means the Department of Family and Protective Services.
(b) This section applies
only to a child:
(1) who is in the temporary managing conservatorship of the
department; and
(2) for whom the
department's goal is reunification of the child with the child's parent.
(c) The department shall
ensure that a parent
who was entitled to possession of the child before removal of the child by the department
has an opportunity to visit the child not later than the third day after
the date the department is named temporary
managing conservator of the child unless:
(1) the department determines that visitation is not in the child's
best interest; or
(2) visitation with the parent would conflict with a court order
relating to possession of or access to the child.
(Similar to Secs. 263.107(b),
(c), and (d), Family Code, added below.)
(Similar to Secs.
263.107(b) and (c), Family Code, added below.)
(Similar to Sec.
263.107(f), Family Code, added below.)
(d) Before a hearing
conducted under Subchapter C, the department, in collaboration with each
parent of the child, to the extent possible, must develop a temporary
visitation schedule for the child's visits with each parent. The
visitation schedule may conform to the department's minimum visitation
policies. The department shall consider the factors listed in Section
263.107(c) in developing the temporary visitation schedule. Unless
modified by court order, the schedule remains in effect until a visitation
plan is developed under Section 263.107.
(e) The department may
include the temporary visitation schedule in any report the department
submits to the court before or during a hearing under Subchapter C. The
court may render any necessary order regarding the temporary visitation
schedule.
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SECTION 2. Subchapter C,
Chapter 262, Family Code, is amended by adding Section 262.2012 to read as
follows:
Sec. 262.2012. REVIEW OF
VISITATION PLAN; ORDER.
(a) In this section, "department"
means the Department of Family and Protective Services.
(b) At the full adversary
hearing, the court shall review the department's visitation plan filed
under Section 262.115. The court, as the court determines appropriate,
shall order visitation under the plan or, if the court finds that
visitation under the plan is not in the child's best interest, the court
shall render an order that:
(1) modifies the
visitation plan or provides for no visitation with the child;
(2) states the reasons
for finding that the plan is not in the child's best interest; and
(3) outlines specific
steps that the parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian who is entitled to possession of the
child must take to be allowed more visits with the child.
(c) The court may require
supervision of each visit as the court determines necessary to protect the
health and safety of the child. A volunteer with the department or an
organization that provides services to children in this state may provide
the supervision required by court order if the volunteer has a background
and criminal history check on file with the department.
(d) Any visitation ordered
under this section must comply with the guidelines adopted by the
department under Section 262.115.
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No
equivalent provision, but see note below.
No
equivalent provision.
(Similar to Secs.
263.108(a) and 263.109(a) and (b), added below.)
No
equivalent provision.
No
equivalent provision.
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SECTION 3. Section 263.202,
Family Code, is amended by adding Subsection (i) to read as follows:
(i) The court shall
review the court's order relating to visitation rendered under Section
262.2012 and modify the order as the court determines necessary.
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No
equivalent provision, but see note below.
(See Secs. 263.108(a) and
(b), Family Code, added below.)
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No
equivalent provision.
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SECTION 2. The heading to
Chapter 263, Family Code, is amended to read as follows:
CHAPTER 263. REVIEW OF
PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND
PROTECTIVE [AND REGULATORY] SERVICES
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No
equivalent provision.
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SECTION 3. The heading to
Subchapter B, Chapter 263, Family Code, is amended to read as follows:
SUBCHAPTER B. SERVICE PLAN AND
VISITATION PLAN
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No
equivalent provision, but see notes below.
No
equivalent provision.
(Similar to Secs.
262.115(d) and (e), Family Code, added above.)
(Similar to Secs.
262.115(d) and (e), Family Code, added above.)
(Similar to Secs.
262.115(d), Family Code, added above.)
No
equivalent provision.
(Similar to Sec.
262.115(f), Family Code, added above.)
(See Sec. 263.202(i),
Family Code, added above. Similar to Sec. 262.2012(b), Family code, added
above.)
(See Sec. 263.202(i),
Family Code, added above. Similar to Sec. 262.2012(b), Family Code, added
above.)
No
equivalent provision.
(Similar to Sec.
262.2012(b), Family Code, added above.)
(Similar to Sec.
262.2012(b), Family Code, added above.)
No
equivalent provision.
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SECTION 4. Subchapter B,
Chapter 263, Family Code, is amended by adding Sections 263.107, 263.108,
and 263.109 to read as follows:
Sec. 263.107. VISITATION PLAN.
(a) This section applies
only to a child in the temporary managing conservatorship of the department
for whom the department's goal is reunification of the child with the child's
parent.
(b) Not later than the
30th day after the date the department is named temporary managing
conservator of a child, the department shall develop a visitation plan in
collaboration with each parent of the child unless a child's parent cannot
be located or the department cannot obtain the collaboration of the parent
despite making reasonable efforts to locate or collaborate with the parent.
(c) In determining the
frequency and circumstances of visitation under this section, the
department must consider:
(1) the safety and best
interest of the child;
(2) the age of the child;
(3) the desires of each
parent regarding visitation with the child;
(4) the location of each
parent and the child; and
(5) the resources
available to the department, including the resources to:
(A) ensure that
visitation is properly supervised by a department employee or, if
determined appropriate by the department, another person the department
determines suitable and who has a background and criminal history check on
file with the department; and
(B) provide
transportation to and from visits.
(d) Not later than the
10th day before the date of a status hearing under Section 263.201, the
department shall file with the court a copy of the visitation plan
developed under this section.
(e) The department may
amend the visitation plan for a parent on mutual agreement of that parent
and the department or as the department considers necessary to ensure the
safety of the child. An amendment to the visitation plan must be in the
child's best interest. The department shall file a copy of any amended
visitation plan with the court.
(f) A visitation plan
developed under this section may not conflict with a court order relating
to possession of or access to the child.
Sec. 263.108. REVIEW OF VISITATION
PLAN; MODIFICATION.
(a) At the first hearing
held under this chapter after the date an original or amended visitation
plan is filed with the court under Section 263.107, the court shall review
the visitation plan, taking into consideration the factors specified in
Section 263.107(c).
(b) The court may modify,
or order the department to modify, an original or amended visitation plan
at any time.
(c) A parent who is
entitled to visitation under a visitation plan may at any time file a
motion with the court to request review and modification of an original or
amended visitation plan.
Sec. 263.109. COURT
IMPLEMENTATION OF VISITATION PLAN.
(a) After reviewing an
original or amended visitation plan, the court shall render an order
regarding a parent's visitation with a child that the court determines
appropriate.
(b) If the court finds
that visitation between a child and a parent is not in the child's best
interest, the court shall render an order that:
(1) states the reasons
for finding that visitation is not in the child's best interest; and
(2) outlines specific
steps the parent must take to be allowed to have visitation with the child.
(c) If the order
regarding visitation between a child and a parent requires supervised
visitation to protect the health and safety of the child, the order must
outline specific steps the parent must take to have the level of
supervision reduced.
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SECTION 4. 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) review the court's order relating to visitation rendered under Section 262.2012 and modify
the order as the court determines necessary;
(5) 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;
(6) [(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;
(7) [(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;
(8) [(7)]
evaluate the parties' compliance with temporary orders and the service
plan;
(9) [(8)]
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;
(10) [(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;
(11) [(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;
(12) [(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;
(13) [(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
(14) [(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.
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SECTION 5. 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) review any visitation plan
or amended plan required under Section 263.107
and render any orders for visitation
the court determines necessary;
(5) 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;
(6) [(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;
(7) [(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;
(8) [(7)]
evaluate the parties' compliance with temporary orders and the service
plan;
(9) [(8)]
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;
(10) [(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;
(11) [(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;
(12) [(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;
(13) [(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
(14) [(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.
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No
equivalent provision.
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SECTION 6. Section
411.114(a)(3), Government Code, as amended by Chapters 598 (S.B. 218), 1056
(S.B. 221), and 1082 (S.B. 1178), Acts of the 82nd Legislature, Regular
Session, 2011, is reenacted and amended to read as follows:
(3) The Department of Family
and Protective Services is entitled to obtain from the department criminal
history record information maintained by the department that relates to a
person who is:
(A) a volunteer or applicant
volunteer with a local affiliate in this state of Big Brothers/Big Sisters
of America;
(B) a volunteer or applicant
volunteer with the "I Have a Dream/Houston" program;
(C) a volunteer or applicant
volunteer with an organization that provides court-appointed special
advocates for abused or neglected children;
(D) a person providing, at
the request of the child's parent, in-home care for a child who is the
subject of a report alleging the child has been abused or neglected;
(E) a volunteer or applicant
volunteer with a Texas chapter of the Make-a-Wish Foundation of America;
(F) a person providing, at
the request of the child's parent, in-home care for a child only if the
person gives written consent to the release and disclosure of the
information;
(G) a child who is related
to the caretaker, as determined under Section 42.002, Human Resources Code,
and who resides in or is present in a child-care facility or family home,
other than a child described by Subdivision (2)(C), or any other person who
has unsupervised access to a child in the care of a child-care facility or family
home;
(H) an applicant for a
position with the Department of Family and Protective Services, other than
a position described by Subdivision (2)(D), regardless of the duties of the
position;
(I) a volunteer or applicant
volunteer with the Department of Family and Protective Services, other than
a registered volunteer, regardless of the duties to be performed;
(J) a person providing or
applying to provide in-home, adoptive, or foster care for children to the
extent necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a Department of Family
and Protective Services employee, other than an employee described by
Subdivision (2)(H), regardless of the duties of the employee's position;
(L) a relative of a child in
the care of the Department of Family and Protective Services, to the extent
necessary to comply with Section 162.007, Family Code;
(M) a person, other than an
alleged perpetrator in a report described in Subdivision (2)(I), living in
the residence in which the alleged victim of the report resides;
(N) a contractor or an
employee of a contractor who delivers services to a ward of the Department
of Family and Protective Services under a contract with the estate of the
ward;
(O) a person who seeks
unsupervised visits with a ward of the Department of Family and Protective
Services, including a relative of the ward;
(P) an employee, volunteer,
or applicant volunteer of a children's advocacy center under Subchapter E,
Chapter 264, Family Code, including a member of the governing board of a
center; [or]
(Q) an employee of, an
applicant for employment with, or a volunteer or an applicant volunteer
with an entity or person that contracts with the Department of Family and
Protective Services and has access to confidential information in the
department's records, if the employee, applicant, volunteer, or applicant
volunteer has or will have access to that confidential information;
(R) [(Q)] an
employee of or volunteer at, or an applicant for employment with or to be a
volunteer at, an entity that provides supervised independent living
services to a young adult receiving extended foster care services from the
Department of Family and Protective Services; [or]
(S) [(R)] a
person 14 years of age or older who will be regularly or frequently working
or staying in a host home that is providing supervised independent living
services to a young adult receiving extended foster care services from the
Department of Family and Protective Services; or
(T) a person selected by
the Department of Family and Protective Services to supervise visitation
under Subchapter B, Chapter 263, Family Code.
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SECTION 5. The changes in
law made by this Act apply only to a child who is taken into possession by
the Department of Family and Protective Services on or after the effective
date of this Act. A child taken into possession by the Department of
Family and Protective Services before the effective date of this Act is
governed by the law in effect on the date the child was taken into
possession, and the former law is continued in effect for that purpose.
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SECTION 7. Same as introduced
version.
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No
equivalent provision.
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SECTION 8. To the extent of
any conflict, this Act prevails over another Act of the 83rd Legislature,
Regular Session, 2013, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 6. This Act takes
effect September 1, 2013.
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SECTION 9. Same as introduced
version.
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