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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring permanency planning meetings for certain |
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children in the conservatorship of the Department of Family and |
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Protective 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. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.009 to read as follows: |
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Sec. 263.009. PERMANENCY PLANNING MEETINGS. (a) The |
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department shall hold a permanency planning meeting for each child |
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for whom the department is appointed temporary managing |
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conservator: |
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(1) not later than the 45th day after the date the |
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department is named temporary managing conservator of the child; |
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and |
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(2) not later than five months after the date the |
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department is named temporary managing conservator of the child. |
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(b) The department may hold a permanency planning meeting at |
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any time after the five-month permanency planning meeting described |
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by Subsection (a)(2) and before a final order is rendered under |
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Subchapter E. |
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(c) At the five-month permanency planning meeting described |
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by Subsection (a)(2), the department shall: |
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(1) identify any barriers to achieving a timely |
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permanent placement for the child; and |
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(2) develop strategies and determine actions that will |
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increase the probability of achieving a timely permanent placement |
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for the child. |
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(d) The five-month permanency planning meeting described by |
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Subsection (a)(2) and any subsequent permanency planning meeting |
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may be conducted as a multidisciplinary permanency planning meeting |
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if the department determines that a multidisciplinary permanency |
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planning meeting will assist the department in placing the child |
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with an adult caregiver who will permanently assume legal |
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responsibility for the child and facilitate the child's exit from |
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the conservatorship of the department. |
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(e) Except as provided by Subsection (f), the department |
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shall make reasonable efforts to include the following persons in |
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each multidisciplinary permanency planning meeting and notify |
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those persons of the meeting: |
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(1) the child, if the child is at least seven years of |
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age; |
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(2) the child's attorney ad litem; |
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(3) the child's guardian ad litem; |
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(4) any court-appointed volunteer advocate for the |
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child; |
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(5) the child's substitute care provider and any |
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child-placing agency involved with the child; |
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(6) each of the child's parents and the parents' |
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attorney, unless: |
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(A) the parent cannot be located; |
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(B) the parent has executed an affidavit of |
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relinquishment of parental rights; or |
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(C) the parent's parental rights have been |
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terminated; |
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(7) each attorney ad litem appointed to represent the |
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interests of a parent in the suit; and |
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(8) any other person the department determines should |
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attend the permanency planning meeting. |
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(f) The department is not required to include a person |
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listed in Subsection (e) in a multidisciplinary permanency planning |
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meeting or to notify that person of a meeting if the department or |
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its authorized designee determines that the person's presence at |
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the meeting may have a detrimental effect on: |
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(1) the safety or well-being of another participant in |
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the meeting; or |
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(2) the success of the meeting because a parent or the |
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child has expressed an unwillingness to include that person in the |
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meeting. |
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(g) The department shall give the notice required by |
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Subsection (e) by e-mail if possible. |
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SECTION 3. Section 263.009, Family Code, as added by this |
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Act, applies only to a child placed in the temporary managing |
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conservatorship of the Department of Family and Protective Services |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |
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