|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to visitation for certain children in the temporary |
|
managing conservatorship of the Department of Family and Protective |
|
Services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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. |
|
(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. |
|
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 |
|
SECTION 3. The heading to Subchapter B, Chapter 263, Family |
|
Code, is amended to read as follows: |
|
SUBCHAPTER B. SERVICE PLAN AND VISITATION PLAN |
|
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. |
|
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. |
|
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. |
|
SECTION 7. 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. |
|
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. |
|
SECTION 9. This Act takes effect September 1, 2013. |