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A BILL TO BE ENTITLED
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AN ACT
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relating to the stability of placements for 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. The heading to Chapter 263, Family Code, is |
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amended to read as follows: |
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CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF |
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DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES |
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SECTION 2. Chapter 263, Family Code, is amended by adding |
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Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. PLACEMENT STABILITY |
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Sec. 263.351. NOTICE OF PLACEMENT CHANGE. A substitute |
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care provider with whom the department contracts to provide |
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substitute care services for a child shall notify the department if |
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the child has a placement change. The notice must: |
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(1) be sent at the earliest time the provider is |
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otherwise required to provide notice of a change of the child's |
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placement; |
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(2) state the reason for the placement change; and |
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(3) include the provider's recommendation regarding a |
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future placement for the child that would increase the child's |
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opportunity to attain stability. |
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Sec. 263.352. PLACEMENT TRACKING SYSTEM. (a) The |
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department shall identify each child for whom the department has |
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been appointed temporary or permanent managing conservator who has |
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had two or more placements during the preceding 12 months. For each |
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child identified under this subsection, the department shall |
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collect the following information: |
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(1) the number of placement changes for the child; |
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(2) whether a placement change occurred for any of the |
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following reasons: |
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(A) the child ran away; |
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(B) the caregiver or child-placing agency |
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responsible for placing the child requested the change; |
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(C) the child was hospitalized for medical or |
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mental health reasons; or |
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(D) the child refused to remain in the placement; |
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and |
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(3) if a placement change occurred due to a reason |
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listed under Subdivision (2): |
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(A) the child's name; |
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(B) the child's age; |
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(C) the address of the child's current placement; |
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(D) the court in which the suit affecting the |
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parent-child relationship involving the child is pending; |
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(E) the county and department region in which the |
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court is located; |
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(F) the reason for each placement change; |
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(G) the child-placing agency responsible for |
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placing the child; and |
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(H) the level of care the child was determined to |
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require. |
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(b) At least once each month, the department shall prepare a |
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report from the information collected under Subsection (a) and |
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provide the report to the commissioner of the department and the |
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assistant commissioner for child protective services. |
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(c) The department shall include the aggregated data |
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compiled under Subsection (b) in the department's annual data |
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report. |
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SECTION 3. Section 263.502(c), Family Code, is amended to |
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read as follows: |
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(c) The placement review report must identify the |
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department's permanency goal for the child and must: |
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(1) evaluate whether the child's current placement is |
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appropriate for meeting the child's needs; |
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(2) evaluate whether efforts have been made to ensure |
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placement of the child in the least restrictive environment |
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consistent with the best interest and special needs of the child if |
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the child is placed in institutional care; |
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(3) contain a transition plan for a child who is at |
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least 16 years of age that identifies the services and specific |
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tasks that are needed to assist the child in making the transition |
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from substitute care to adult living and describes the services |
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that are being provided through the Transitional Living Services |
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Program operated by the department; |
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(4) evaluate whether the child's current educational |
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placement is appropriate for meeting the child's academic needs; |
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(5) identify other plans or services that are needed |
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to meet the child's special needs or circumstances; |
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(6) describe the efforts of the department or |
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authorized agency to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption, including efforts to provide adoption promotion and |
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support services as defined by 42 U.S.C. Section 629a and other |
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efforts consistent with the federal Adoption and Safe Families Act |
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of 1997 (Pub. L. No. 105-89); |
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(7) 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, describe the efforts of the |
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department to find a permanent placement for the child, including |
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efforts to: |
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(A) work with the caregiver with whom the child |
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is placed to determine whether that caregiver is willing to become a |
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permanent placement for the child; |
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(B) locate a relative or other suitable |
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individual to serve as permanent managing conservator of the child; |
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and |
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(C) evaluate any change in a parent's |
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circumstances to determine whether: |
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(i) the child can be returned to the parent; |
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or |
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(ii) parental rights should be terminated; |
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[and] |
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(8) with respect to a child 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]: |
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(A) evaluate whether the child's needs for |
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treatment and education are being met; |
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(B) describe, using information provided by the |
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Texas Juvenile Justice Department [Youth Commission], the child's |
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progress in any rehabilitation program administered by the Texas |
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Juvenile Justice Department [Youth Commission]; and |
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(C) recommend other plans or services to meet the |
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child's needs; and |
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(9) identify the department's concerns, if any, |
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related to the stability of the child's placement and barriers to |
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sustaining the child's placement, including any reason for which a |
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substitute care provider has requested a placement change. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |