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INTRODUCED
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HOUSE
COMMITTEE SUBSTITUTE
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SECTION 1. Subchapter A,
Chapter 262, Family Code, is amended by adding Section 262.011 to read as
follows:
Sec. 262.011. PLACEMENT
IN SECURE FOSTER HOME OR SECURE AGENCY FOSTER GROUP HOME.
A court in an emergency,
initial, or full adversary hearing conducted under this chapter may order
that the child who is the subject of the hearing be placed in a secure
foster home or secure agency foster group home established under Section 42.0531, Human Resources Code, if the
court finds that the placement is in the best interest of the child and the
child's physical health or safety is in danger because the child has been a victim of trafficking under Section
20A.02, Penal Code.
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SECTION
1. Subchapter A, Chapter 262, Family Code, is amended by adding Section
262.011 to read as follows:
Sec.
262.011. PLACEMENT IN SECURE AGENCY
FOSTER HOME OR SECURE AGENCY FOSTER GROUP HOME.
A court
in an emergency, initial, or full adversary hearing conducted under this
chapter may order that the child who is the subject of the hearing be
placed in a secure agency foster
home or secure agency foster group home verified
in accordance with Section 42.0531, Human Resources Code, if the
court finds that:
(1)
the placement is in the best interest of the child; and
(2)
the child's physical health or safety is in danger because the child has
been recruited, harbored, transported,
provided, or obtained for forced labor or commercial sexual activity,
including any child subjected to an act specified in Section 20A.02 or 20A.03, Penal Code.
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SECTION 2. Section
262.104(a), Family Code, is amended to read as follows:
(a) If there is no time to
obtain a temporary restraining order or attachment before taking possession
of a child consistent with the health and safety of that child, an
authorized representative of the Department of Family and Protective
Services, a law enforcement officer, or a juvenile probation officer may
take possession of a child without a court order under the following conditions,
only:
(1) on personal knowledge of
facts that would lead a person of ordinary prudence and caution to believe
that there is an immediate danger to the physical health or safety of the
child;
(2) on information furnished
by another that has been corroborated by personal knowledge of facts and
all of which taken together would lead a person of ordinary prudence and
caution to believe that there is an immediate danger to the physical health
or safety of the child;
(3) on personal knowledge of
facts that would lead a person of ordinary prudence and caution to believe
that the child has been the victim of sexual abuse or of trafficking
under Section 20A.02, Penal Code;
(4) on information furnished
by another that has been corroborated by personal knowledge of facts and
all of which taken together would lead a person of ordinary prudence and
caution to believe that the child has been the victim of sexual abuse or
of trafficking under Section 20A.02, Penal Code; or
(5) on information furnished
by another that has been corroborated by personal knowledge of facts and
all of which taken together would lead a person of ordinary prudence and
caution to believe that the parent or person who has possession of the
child is currently using a controlled substance as defined by Chapter 481,
Health and Safety Code, and the use constitutes an immediate danger to the
physical health or safety of the child.
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SECTION
2. Section 262.104(a), Family Code, is amended to read as follows:
(a) If
there is no time to obtain a temporary restraining order or attachment
before taking possession of a child consistent with the health and safety
of that child, an authorized representative of the Department of Family and
Protective Services, a law enforcement officer, or a juvenile probation
officer may take possession of a child without a court order under the
following conditions, only:
(1) on
personal knowledge of facts that would lead a person of ordinary prudence
and caution to believe that there is an immediate danger to the physical
health or safety of the child;
(2) on
information furnished by another that has been corroborated by personal
knowledge of facts and all of which taken together would lead a person of
ordinary prudence and caution to believe that there is an immediate danger
to the physical health or safety of the child;
(3) on
personal knowledge of facts that would lead a person of ordinary prudence
and caution to believe that the child has been the victim of sexual abuse or
of trafficking under Section 20A.02 or 20A.03,
Penal Code;
(4) on
information furnished by another that has been corroborated by personal
knowledge of facts and all of which taken together would lead a person of
ordinary prudence and caution to believe that the child has been the victim
of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code; or
(5) on
information furnished by another that has been corroborated by personal
knowledge of facts and all of which taken together would lead a person of
ordinary prudence and caution to believe that the parent or person who has
possession of the child is currently using a controlled substance as
defined by Chapter 481, Health and Safety Code, and the use constitutes an
immediate danger to the physical health or safety of the child.
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SECTION 3. Section
262.107(a), Family Code, is amended to read as follows:
(a) The court shall order
the return of the child at the initial hearing regarding a child taken in
possession without a court order by a governmental entity unless the court
is satisfied that:
(1) there is a continuing
danger to the physical health or safety of the child if the child is
returned to the parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian who is presently entitled to possession
of the child or the evidence shows that the child has been the victim of
sexual abuse or of trafficking under Section 20A.02, Penal Code, on
one or more occasions and that there is a substantial risk that the child
will be the victim of sexual abuse or of trafficking in the future;
(2) continuation of the
child in the home would be contrary to the child's welfare; and
(3) reasonable efforts,
consistent with the circumstances and providing for the safety of the
child, were made to prevent or eliminate the need for removal of the child.
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SECTION
3. Section 262.107(a), Family Code, is amended to read as follows:
(a) The
court shall order the return of the child at the initial hearing regarding
a child taken in possession without a court order by a governmental entity
unless the court is satisfied that:
(1) there
is a continuing danger to the physical health or safety of the child if the
child is returned to the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian who is presently entitled to
possession of the child or the evidence shows that the child has been the
victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one or more
occasions and that there is a substantial risk that the child will be the
victim of sexual abuse or of trafficking in the future;
(2)
continuation of the child in the home would be contrary to the child's
welfare; and
(3)
reasonable efforts, consistent with the circumstances and providing for the
safety of the child, were made to prevent or eliminate the need for removal
of the child.
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SECTION 4. Section
262.201(b), Family Code, is amended to read as follows:
(b) At the conclusion of the
full adversary hearing, the court shall order the return of the child to
the parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian entitled to possession unless the court finds
sufficient evidence to satisfy a person of ordinary prudence and caution
that:
(1) there was a danger to
the physical health or safety of the child, including a danger that the
child would be a victim of trafficking under Section 20A.02, Penal Code,
which was caused by an act or failure to act of the person entitled to
possession and for the child to remain in the home is contrary to the
welfare of the child;
(2) the urgent need for
protection required the immediate removal of the child and reasonable
efforts, consistent with the circumstances and providing for the safety of
the child, were made to eliminate or prevent the child's removal; and
(3) reasonable efforts have
been made to enable the child to return home, but there is a substantial
risk of a continuing danger if the child is returned home.
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SECTION
4. Section 262.201(b), Family Code, is amended to read as follows:
(b) At
the conclusion of the full adversary hearing, the court shall order the
return of the child to the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian entitled to possession
unless the court finds sufficient evidence to satisfy a person of ordinary
prudence and caution that:
(1) there
was a danger to the physical health or safety of the child, including a
danger that the child would be a victim of trafficking under Section 20A.02
or 20A.03, Penal Code, which was
caused by an act or failure to act of the person entitled to possession and
for the child to remain in the home is contrary to the welfare of the
child;
(2) the
urgent need for protection required the immediate removal of the child and
reasonable efforts, consistent with the circumstances and providing for the
safety of the child, were made to eliminate or prevent the child's removal;
and
(3)
reasonable efforts have been made to enable the child to return home, but
there is a substantial risk of a continuing danger if the child is returned
home.
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SECTION 5. Subchapter C,
Chapter 42, Human Resources Code, is amended by adding Section 42.0531 to
read as follows:
Sec. 42.0531. SECURE
FOSTER HOMES AND SECURE AGENCY FOSTER GROUP HOMES.
(a) The commissioners
court of a county or governing body of a municipality may establish or contract with another person for the establishment of a
secure foster home or secure agency foster group home to provide a safe, separate, and therapeutic environment
tailored to the needs of children who are found
by a court in a hearing conducted under Chapter 262, Family Code, to be
victims of trafficking under Section
20A.02, Penal Code, and who are placed in the managing conservatorship of
the department.
(b) A secure foster home
or secure agency foster group home may not
provide secure foster services under
this section unless it holds a
license issued under this chapter, complies
with all applicable department rules
and standards adopted under this chapter, and holds a certificate of authority issued by the department to
provide secure foster services under this section.
(c) The executive commissioner shall adopt the rules and establish
the license qualifications and the department shall establish the
application procedures necessary to implement this section to protect the
health and safety of child victims of trafficking.
(d) A secure foster home
or secure agency foster group home established
under this section must provide:
(1) mental health and
other services specifically designed to assist children who are victims of
trafficking under Section 20A.02, Penal Code, including:
(A) victim and family
counseling;
(B) behavioral health
care;
(C) treatment and
intervention for sexual assault;
(D) education tailored to
the child's needs;
(E) life skills training;
(F) mentoring; and
(G) substance abuse
screening and treatment as needed;
(2) individualized
services based on the trauma endured by a child, as determined through
comprehensive assessments of the service needs of the child;
(3) 24-hour services; and
(4) appropriate security
through facility design, hardware, technology, and staffing.
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SECTION
5. Subchapter C, Chapter 42, Human Resources Code, is amended by adding
Section 42.0531 to read as follows:
Sec.
42.0531. SECURE AGENCY FOSTER HOMES
AND SECURE AGENCY FOSTER GROUP HOMES.
(a)
The commissioners court of a county or governing body of a municipality may
contract with a child-placing agency to
verify a secure agency foster
home or secure agency foster group home to provide a safe and therapeutic
environment tailored to the needs of children who are victims of
trafficking.
(b) A child-placing agency may not verify a
secure agency foster home or secure
agency foster group home to provide
services under this section unless the
child-placing agency holds a license issued under this chapter that authorizes the agency to provide services to
victims of trafficking in accordance with department standards
adopted under this chapter for
child-placing agencies.
(c) A
secure agency foster home or secure
agency foster group home verified
under this section must provide:
(1)
mental health and other services specifically designed to assist children
who are victims of trafficking under Section 20A.02 or 20A.03, Penal Code, including:
(A)
victim and family counseling;
(B)
behavioral health care;
(C)
treatment and intervention for sexual assault;
(D)
education tailored to the child's needs;
(E)
life skills training;
(F)
mentoring; and
(G)
substance abuse screening and treatment as needed;
(2)
individualized services based on the trauma endured by a child, as
determined through comprehensive assessments of the service needs of the
child;
(3)
24-hour services; and
(4)
appropriate security through facility design, hardware, technology, and
staffing.
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SECTION 6. Not later than December 1, 2015, the executive
commissioner of the Health and Human Services Commission shall adopt the rules and license qualifications and
the Department of Family and Protective Services shall establish the application procedures necessary to
implement the changes in law made by this Act.
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SECTION
6. Not later than May 1, 2016, the
executive commissioner of the Health and Human Services Commission shall
adopt any standards and the
Department of Family and Protective Services shall establish the verification procedures necessary to
implement the changes in law made by this Act.
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SECTION 7. This Act takes
effect September 1, 2015.
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SECTION 7.
Same as introduced version.
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