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AN ACT
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relating to the educational needs of children in the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.002, Family Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) A guardian ad litem appointed to represent a child in |
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the managing conservatorship of the Department of Family and |
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Protective Services shall, before each scheduled hearing under |
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Chapter 263, determine whether the child's educational needs and |
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goals have been identified and addressed. |
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SECTION 2. Section 107.004, Family Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2) An attorney ad litem appointed to represent a child in |
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the managing conservatorship of the Department of Family and |
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Protective Services shall, before each scheduled hearing under |
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Chapter 263, determine whether the child's educational needs and |
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goals have been identified and addressed. |
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SECTION 3. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.0025 to read as follows: |
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Sec. 263.0025. APPOINTMENT OF SURROGATE PARENT. (a) If a |
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child in the temporary or permanent conservatorship of the |
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department is eligible under Section 29.003, Education Code, to |
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participate in a school district's special education program, the |
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court may, when necessary to ensure that the educational rights of |
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the child are protected, appoint a surrogate parent who: |
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(1) is willing to serve in that capacity; and |
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(2) meets the requirements of 20 U.S.C. Section |
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1415(b) and Section 29.001(10), Education Code. |
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(b) In appointing a surrogate parent for a child, the court |
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shall give preferential consideration to a foster parent of the |
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child as required under Section 29.015, Education Code. |
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(c) If the court does not appoint a child's foster parent to |
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serve as the child's surrogate parent, the court shall give |
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consideration to: |
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(1) a relative or other designated caregiver as |
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defined by Section 264.751; or |
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(2) a court-appointed volunteer advocate who has been |
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appointed to serve as the child's guardian ad litem, as provided by |
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Section 107.031(c). |
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(d) The following persons may not be appointed as a |
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surrogate parent for the child: |
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(1) the department; |
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(2) the Texas Education Agency; |
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(3) a school or school district; or |
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(4) any other agency that is involved in the education |
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or care of the child. |
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SECTION 4. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.004 to read as follows: |
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Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION |
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DECISION-MAKING. (a) Unless the rights and duties of the |
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department under Section 153.371(10) to make decisions regarding |
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the child's education have been limited by court order, the |
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department shall file with the court a report identifying the name |
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and contact information for each person who has been: |
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(1) designated by the department to make educational |
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decisions on behalf of the child; and |
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(2) assigned to serve as the child's surrogate parent |
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in accordance with 20 U.S.C. Section 1415(b) and Section |
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29.001(10), Education Code, for purposes of decision-making |
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regarding special education services, if applicable. |
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(b) Not later than the fifth day after the date an adversary |
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hearing under Section 262.201 or Section 262.205 is concluded, the |
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report required by Subsection (a) shall be filed with the court and |
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a copy shall be provided to: |
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(1) each person entitled to notice of a permanency |
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hearing under Section 263.301; and |
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(2) the school the child attends. |
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(c) If a person other than a person identified in the report |
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required by Subsection (a) is designated to make educational |
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decisions or assigned to serve as a surrogate parent, the |
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department shall file with the court an updated report that |
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includes the information required by Subsection (a) for the |
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designated or assigned person. The updated report must be filed not |
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later than the fifth day after the date of designation or |
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assignment. |
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SECTION 5. Section 263.306, Family Code, is amended to read |
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as follows: |
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Sec. 263.306. PERMANENCY HEARINGS: PROCEDURE. (a) At each |
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permanency hearing the court shall: |
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(1) identify all persons or parties present at the |
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hearing or those given notice but failing to appear; |
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(2) review the efforts of the department or another |
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agency in: |
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(A) attempting to locate all necessary persons; |
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(B) requesting service of citation; and |
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(C) obtaining the assistance of a parent in |
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providing information necessary to locate an absent parent, alleged |
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father, or relative of the child; |
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(3) review the efforts of each custodial parent, |
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alleged father, or relative of the child before the court in |
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providing information necessary to locate another absent parent, |
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alleged father, or relative of the child; |
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(4) return the child to the parent or parents if the |
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child's parent or parents are willing and able to provide the child |
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with a safe environment and the return of the child is in the |
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child's best interest; |
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(5) place the child with a person or entity, other than |
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a parent, entitled to service under Chapter 102 if the person or |
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entity is willing and able to provide the child with a safe |
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environment and the placement of the child is in the child's best |
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interest; |
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(6) evaluate the department's efforts to identify |
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relatives who could provide the child with a safe environment, if |
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the child is not returned to a parent or another person or entity |
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entitled to service under Chapter 102; |
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(7) evaluate the parties' compliance with temporary |
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orders and the service plan; |
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(8) identify an education decision-maker for the child |
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if one has not previously been identified; |
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(9) determine whether: |
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(A) the child continues to need substitute care; |
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(B) the child's current placement is appropriate |
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for meeting the child's needs, including with respect to a child who |
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has been placed outside of the state, whether that placement |
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continues to be in the best interest of the child; and |
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(C) other plans or services are needed to meet |
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the child's special needs or circumstances; |
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(10) [(9)] if the child is placed in institutional |
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care, determine whether efforts have been made to ensure placement |
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of the child in the least restrictive environment consistent with |
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the best interest and special needs of the child; |
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(11) [(10)] if the child is 16 years of age or older, |
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order services that are needed to assist the child in making the |
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transition from substitute care to independent living if the |
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services are available in the community; |
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(12) [(11)] determine plans, services, and further |
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temporary orders necessary to ensure that a final order is rendered |
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before the date for dismissal of the suit under this chapter; |
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(13) [(12)] if the child is committed to the Texas |
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Juvenile Justice Department [Youth Commission] or released under |
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supervision by the Texas Juvenile Justice Department [Youth
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Commission], determine whether the child's needs for treatment, |
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rehabilitation, and education are being met; and |
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(14) [(13)] determine the date for dismissal of the |
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suit under this chapter and give notice in open court to all parties |
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of: |
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(A) the dismissal date; |
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(B) the date of the next permanency hearing; and |
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(C) the date the suit is set for trial. |
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(b) The court shall also review the service plan, permanency |
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report, and other information submitted at the hearing to: |
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(1) determine: |
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(A) the safety of the child; |
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(B) the continuing necessity and appropriateness |
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of the placement; |
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(C) the extent of compliance with the case plan; |
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(D) whether the child's education needs and goals |
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have been identified and addressed; |
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(E) the extent of progress that has been made |
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toward alleviating or mitigating the causes necessitating the |
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placement of the child in foster care; and |
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(F) [(E)] whether the department has made |
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reasonable efforts to finalize the permanency plan that is in |
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effect for the child, including the concurrent permanency goals for |
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the child; and |
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(2) project a likely date by which the child may be |
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returned to and safely maintained in the child's home, placed for |
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adoption, or placed in permanent managing conservatorship. |
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SECTION 6. Section 263.503(a), Family Code, is amended to |
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read as follows: |
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(a) At each placement review hearing, the court shall |
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determine whether: |
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(1) the child's current placement is necessary, safe, |
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and appropriate for meeting the child's needs, including with |
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respect to a child placed outside of the state, whether the |
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placement continues to be appropriate and in the best interest of |
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the child; |
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(2) efforts have been made to ensure placement of the |
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child in the least restrictive environment consistent with the best |
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interest and special needs of the child if the child is placed in |
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institutional care; |
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(3) the services that are needed to assist a child who |
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is at least 16 years of age in making the transition from substitute |
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care to independent living are available in the community; |
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(4) other plans or services are needed to meet the |
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child's special needs or circumstances; |
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(5) the department or authorized agency has exercised |
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due diligence in attempting to place the child for adoption if |
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parental rights to the child have been terminated and the child is |
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eligible for adoption; |
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(6) for a child for whom the department has been named |
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managing conservator in a final order that does not include |
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termination of parental rights, a permanent placement, including |
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appointing a relative as permanent managing conservator or |
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returning the child to a parent, is appropriate for the child; |
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(7) for a child whose permanency goal is another |
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planned, permanent living arrangement, the department has: |
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(A) documented a compelling reason why adoption, |
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permanent managing conservatorship with a relative or other |
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suitable individual, or returning the child to a parent is not in |
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the child's best interest; and |
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(B) identified a family or other caring adult who |
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has made a permanent commitment to the child; |
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(8) the department or authorized agency has made |
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reasonable efforts to finalize the permanency plan that is in |
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effect for the child; [and] |
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(9) if the child is committed to the Texas Juvenile |
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Justice Department [Youth Commission] or released under |
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supervision by the Texas Juvenile Justice Department [Youth
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Commission], the child's needs for treatment, rehabilitation, and |
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education are being met; |
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(10) an education decision-maker for the child has |
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been identified; and |
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(11) the child's education needs and goals have been |
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identified and addressed. |
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SECTION 7. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1072 to read as follows: |
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Sec. 264.1072. EDUCATIONAL STABILITY. The department shall |
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develop, in accordance with 42 U.S.C. Section 675, a plan to ensure |
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the educational stability of a foster child. |
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SECTION 8. Section 266.008(c), Family Code, is amended to |
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read as follows: |
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(c) The department shall make the passport available to: |
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(1) any person authorized by law to make educational |
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decisions for the foster child; |
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(2) the person authorized to consent to medical care |
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for the foster child; and |
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(3) [to] a provider of medical care to the foster child |
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if access to the foster child's educational information is |
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necessary to the provision of medical care and is not prohibited by |
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law. |
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SECTION 9. Section 25.001(g), Education Code, is amended to |
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read as follows: |
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(g) A student enrolled in a primary or secondary public |
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[high] school [in grade 9, 10, 11, or 12] who is placed in the |
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conservatorship of [temporary foster care by] the [Texas] |
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Department of Family and Protective [Human] Services and at a |
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residence outside the attendance area for the school or outside the |
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school district is entitled to continue to attend [complete high
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school at] the school in which the student was enrolled immediately |
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before entering conservatorship until the student successfully |
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completes the highest grade level offered by the school at the time |
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of placement without payment of tuition. |
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SECTION 10. Section 25.007(b), Education Code, is amended |
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to read as follows: |
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(b) In recognition of the challenges faced by students in |
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substitute care, the agency shall assist the transition of |
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substitute care students from one school to another by: |
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(1) ensuring that school records for a student in |
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substitute care are transferred to the student's new school not |
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later than the 10th working [14th] day after the date the student |
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begins enrollment at the school; |
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(2) developing systems to ease transition of a student |
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in substitute care during the first two weeks of enrollment at a new |
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school; |
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(3) developing procedures for awarding credit for |
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course work, including electives, completed by a student in |
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substitute care while enrolled at another school; |
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(4) promoting practices that facilitate access by a |
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student in substitute care to extracurricular programs, summer |
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programs, credit transfer services, electronic courses provided |
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under Chapter 30A, and after-school tutoring programs at nominal or |
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no cost; |
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(5) establishing procedures to lessen the adverse |
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impact of the movement of a student in substitute care to a new |
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school; |
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(6) entering into a memorandum of understanding with |
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the Department of Family and Protective Services regarding the |
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exchange of information as appropriate to facilitate the transition |
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of students in substitute care from one school to another; |
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(7) encouraging school districts and open-enrollment |
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charter schools to provide services for a student in substitute |
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care in transition when applying for admission to postsecondary |
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study and when seeking sources of funding for postsecondary study; |
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(8) requiring school districts, campuses, and |
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open-enrollment charter schools to accept a referral for special |
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education services made for a student in substitute care by a school |
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previously attended by the student; [and] |
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(9) requiring school districts to provide notice to |
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the child's educational decision-maker and caseworker regarding |
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events that may significantly impact the education of a child, |
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including: |
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(A) requests or referrals for an evaluation under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
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special education under Section 29.003; |
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(B) admission, review, and dismissal committee |
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meetings; |
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(C) manifestation determination reviews required |
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by Section 37.004(b); |
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(D) any disciplinary actions under Chapter 37 for |
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which parental notice is required; |
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(E) citations issued for Class C misdemeanor |
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offenses on school property or at school-sponsored activities; |
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(F) reports of restraint and seclusion required |
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by Section 37.0021; and |
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(G) use of corporal punishment as provided by |
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Section 37.0011; and |
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(10) providing other assistance as identified by the |
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agency. |
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SECTION 11. Section 25.087(b), Education Code, is amended |
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to read as follows: |
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(b) A school district shall excuse a student from attending |
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school for: |
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(1) the following purposes, including travel for those |
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purposes: |
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(A) observing religious holy days; |
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(B) attending a required court appearance; |
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(C) appearing at a governmental office to |
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complete paperwork required in connection with the student's |
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application for United States citizenship; |
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(D) taking part in a United States naturalization |
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oath ceremony; [or] |
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(E) serving as an election clerk; or |
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(F) for a child in the conservatorship of the |
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Department of Family and Protective Services, attending a mental |
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health or therapy appointment or family visitation as ordered by a |
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court under Chapter 262 or 263, Family Code; or |
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(2) a temporary absence resulting from an appointment |
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with a health care professional [professionals] if that student |
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commences classes or returns to school on the same day of the |
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appointment. |
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SECTION 12. (a) Sections 107.002(i) and 107.004(d-2), |
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Family Code, as added by this Act, apply only to a suit affecting |
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the parent-child relationship filed on or after the effective date |
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of this Act. A suit filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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(b) The changes in law made by this Act to the Education Code |
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apply beginning with the 2013-2014 school year. |
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SECTION 13. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2619 was passed by the House on May 2, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2619 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |