83R3807 JSL-D

By: Raymond H.B. No. 3399

A BILL TO BE ENTITLED

AN ACT

relating to the stability of placements for children in the conservatorship of the Department of Family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 263, Family Code, is amended by adding Subchapter D-1 to read as follows:

SUBCHAPTER D-1. PLACEMENT STABILITY

Sec. 263.351. PLACEMENT STABILITY CONFERENCE. (a) The department shall hold a placement stability conference for each child for whom the department has been appointed temporary or permanent managing conservator after the department receives notice of a second failed placement for the child. The goal of the placement stability conference is to determine a placement for the child that will provide the greatest opportunity for future stability and permanency.

(b) The department shall hold the placement stability conference as soon as practicable after the child's second failed placement, but not later than the 10th day after the date the department receives notice of the failed placement.

(c) The department may hold additional placement stability conferences for the child after any subsequent failed placement at the department's discretion.

(d) A child's attorney ad litem, guardian ad litem, or court-appointed volunteer advocate may request the department to hold additional placement stability conferences for the child.

Sec. 263.352. NOTICE. (a) Not later than the second day after the date the department receives notice that a second placement for a child has failed, the department shall give notice of the placement stability conference to:

(1) each person listed in Section 263.301(b); and

(2) the child, if the child is at least four years of age.

(b) The notice may be given by any appropriate means, including by mail, e-mail, telephone, or other electronic means.

Sec. 263.353. ATTENDANCE AT PLACEMENT STABILITY CONFERENCE. (a) The child's attorney ad litem, the child's guardian ad litem, the child protective services caseworker assigned to the child, and any court-appointed volunteer advocate for the child shall attend the placement stability conference.

(b) Each person entitled to receive notice of the placement stability conference may attend the conference, except that a child's parents may attend the conference only if the department determines it is appropriate.

(c) A person may attend a placement stability conference in person or by use of telephone conference call or video conference call.

Sec. 263.354. RECOMMENDATION FOR PLACEMENT. (a) At the placement stability conference, the child's caseworker shall make a recommendation for the placement of the child that will provide the greatest opportunity for future stability and permanency.

(b) The child's attorney ad litem, the child's guardian ad litem, and any court-appointed volunteer advocate for the child may make a placement recommendation for the child.

(c) The child's attorney ad litem, the child's guardian ad litem, the child's caseworker, and any court-appointed volunteer advocate for the child must all agree to the placement.

(d) If the child's attorney ad litem, the child's guardian ad litem, the child's caseworker, and any court-appointed volunteer advocate reach a unanimous agreement on placement, the child shall be placed in the agreed placement.

Sec. 263.355. JUDICIAL REVIEW OF PLACEMENT. (a) If the child's attorney ad litem, the child's guardian ad litem, the child's caseworker, and any court-appointed volunteer advocate are not able to reach a unanimous agreement regarding the child's placement at the placement stability conference, the court shall decide the placement for the child.

(b) Not later than the next business day after the date of a placement stability conference at which there is not a unanimous agreement for the placement of the child, the department shall file a motion with the court requesting that the court render an order on the child's placement.

(c) The court shall hold a hearing on the child's placement not later than the 12th day after the date the motion for a hearing is filed under Subsection (b).

(d) The department shall provide notice of the hearing to each person listed in Section 263.301(b) not later than the 10th day before the date of the hearing. The department shall give notice as provided by Rule 21a, Texas Rules of Civil Procedure.

(e) The following are entitled to present evidence and be heard at the hearing:

(1) the department;

(2) the child's attorney ad litem;

(3) the child's guardian ad litem; and

(4) any court-appointed volunteer advocate for the child.

(f) The child shall attend a hearing under this section unless the court specifically excuses the child's attendance. The court may consult with the child in a developmentally appropriate manner regarding the child's placement if the child is at least four years of age. Failure by the child to attend a hearing does not affect the validity of an order rendered at the hearing.

(g) The court shall conduct the hearing in any manner the court considers appropriate. The court may require the department or another party to submit written reports to assist the court in making the court's determination.

(h) At the conclusion of the hearing, the court shall render an order providing for the child's placement that is in the child's best interests and would provide the greatest opportunity for future stability and permanency.

Sec. 263.356. PERMANENCY PLANNING MEETINGS. The department is not required to hold a scheduled permanency planning meeting for a child if a placement stability conference for the child has been held not earlier than the 30th day before the date a permanency planning meeting is scheduled.

Sec. 263.357. PLACEMENT TRACKING SYSTEM. (a) The department shall identify each child for whom the department has been appointed temporary or permanent managing conservator who has had two or more placements during the preceding 12 months. For each child identified under this subsection, the department shall collect the following information:

(1) the number of placement changes for the child;

(2) whether a placement change occurred for any of the following reasons:

(A) the child ran away;

(B) the caregiver or child-placing agency responsible for placing the child requested the change;

(C) the child was hospitalized for medical or mental health reasons; or

(D) the child refused to remain in the placement; and

(3) if a placement change occurred due to a reason listed under Subdivision (2):

(A) the child's name;

(B) the child's age;

(C) the address of the child's current placement;

(D) the court in which the suit affecting the parent-child relationship involving the child is pending;

(E) the county and department region in which the court is located;

(F) the reason for each placement change;

(G) the child-placing agency responsible for placing the child;

(H) the child protective services program administrator assigned to the child;

(I) any centralized placement coordinator or centralized placement unit assigned to the child; and

(J) the level of care the child was determined to require.

(b) At least once each month, the department shall prepare a report from the information collected under Subsection (a) and provide the report to the commissioner of the department and the assistant commissioner for child protective services.

(c) The department shall include the aggregated data compiled under Subsection (b) in the department's annual data report.

SECTION 2. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2014.

(b) Section 263.357, Family Code, as added by this Act, takes effect September 1, 2013.