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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of health and human services in this |
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state, including the powers and duties of the Health and Human |
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Services Commission and other state agencies, and the licensing of |
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certain health professionals; clarifying certain statutory |
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provisions; authorizing the imposition of fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. FAMILY CODE |
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SECTION 1.001. The heading to Chapter 55, Family Code, is |
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amended to read as follows: |
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CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS |
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OR INTELLECTUAL DISABILITY [MENTAL RETARDATION] |
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SECTION 1.002. Section 55.01, Family Code, is amended to |
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read as follows: |
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Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS". For |
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purposes of this chapter, a child who is described as having a |
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mental illness means a child with a [who suffers from] mental |
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illness as defined by Section 571.003, Health and Safety Code. |
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SECTION 1.003. Section 55.02, Family Code, is amended to |
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read as follows: |
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Sec. 55.02. MENTAL HEALTH AND INTELLECTUAL DISABILITY |
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[MENTAL RETARDATION] JURISDICTION. For the purpose of initiating |
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proceedings to order mental health or intellectual disability |
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[mental retardation] services for a child or for commitment of a |
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child as provided by this chapter, the juvenile court has |
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jurisdiction of proceedings under Subtitle C or D, Title 7, Health |
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and Safety Code. |
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SECTION 1.004. Section 55.03(b), Family Code, is amended to |
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read as follows: |
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(b) Except as provided by this chapter, a child who is |
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committed by a court to a residential care facility due to an |
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intellectual disability [for mental retardation] shall be cared for |
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as provided by Subtitle D, Title 7, Health and Safety Code. |
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SECTION 1.005. The heading to Subchapter C, Chapter 55, |
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Family Code, is amended to read as follows: |
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SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS |
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OR INTELLECTUAL DISABILITY [MENTAL RETARDATION] |
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SECTION 1.006. Sections 55.31(a), (b), and (c), Family |
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Code, are amended to read as follows: |
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(a) A child alleged by petition or found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision who |
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as a result of mental illness or an intellectual disability [mental
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retardation] lacks capacity to understand the proceedings in |
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juvenile court or to assist in the child's own defense is unfit to |
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proceed and shall not be subjected to discretionary transfer to |
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criminal court, adjudication, disposition, or modification of |
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disposition as long as such incapacity endures. |
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(b) On a motion by a party, the juvenile court shall |
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determine whether probable cause exists to believe that a child who |
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is alleged by petition or who is found to have engaged in delinquent |
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conduct or conduct indicating a need for supervision is unfit to |
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proceed as a result of mental illness or an intellectual disability |
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[mental retardation]. In making its determination, the court may: |
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(1) consider the motion, supporting documents, |
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professional statements of counsel, and witness testimony; and |
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(2) make its own observation of the child. |
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(c) If the court determines that probable cause exists to |
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believe that the child is unfit to proceed, the court shall |
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temporarily stay the juvenile court proceedings and immediately |
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order the child to be examined under Section 51.20. The information |
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obtained from the examination must include expert opinion as to |
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whether the child is unfit to proceed as a result of mental illness |
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or an intellectual disability [mental retardation]. |
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SECTION 1.007. Sections 55.32(a), (b), (d), (f), and (g), |
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Family Code, are amended to read as follows: |
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(a) If the juvenile court determines that evidence exists to |
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support a finding that a child is unfit to proceed as a result of |
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mental illness or an intellectual disability [mental retardation], |
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the court shall set the case for a hearing on that issue. |
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(b) The issue of whether the child is unfit to proceed as a |
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result of mental illness or an intellectual disability [mental
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retardation] shall be determined at a hearing separate from any |
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other hearing. |
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(d) Unfitness to proceed as a result of mental illness or an |
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intellectual disability [mental retardation] must be proved by a |
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preponderance of the evidence. |
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(f) If the court or jury determines that the child is unfit |
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to proceed as a result of mental illness or an intellectual |
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disability [mental retardation], the court shall: |
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(1) stay the juvenile court proceedings for as long as |
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that incapacity endures; and |
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(2) proceed under Section 55.33. |
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(g) The fact that the child is unfit to proceed as a result |
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of mental illness or an intellectual disability [mental
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retardation] does not preclude any legal objection to the juvenile |
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court proceedings which is susceptible of fair determination prior |
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to the adjudication hearing and without the personal participation |
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of the child. |
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SECTION 1.008. Section 55.33, Family Code, is amended to |
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read as follows: |
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Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO |
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PROCEED. (a) If the juvenile court or jury determines under |
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Section 55.32 that a child is unfit to proceed with the juvenile |
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court proceedings for delinquent conduct, the court shall: |
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(1) if the unfitness to proceed is a result of mental |
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illness [or mental retardation]: |
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(A) provided that the child meets the commitment |
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criteria under Subtitle C or D, Title 7, Health and Safety Code, |
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order the child placed with the [Texas] Department of State Health |
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Services [Mental Health and Mental Retardation] for a period of not |
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more than 90 days, which order may not specify a shorter period, for |
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placement in a facility designated by the department; [or] |
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(B) on application by the child's parent, |
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guardian, or guardian ad litem, order the child placed in a private |
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psychiatric inpatient facility for a period of not more than 90 |
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days, which order may not specify a shorter period, but only if the |
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placement is agreed to in writing by the administrator of the |
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facility; or |
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(C) [(2)] if [the unfitness to proceed is a
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result of mental illness and] the court determines that the child |
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may be adequately treated in an alternative setting, order the |
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child to receive treatment for mental illness on an outpatient |
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basis for a period of not more than 90 days, which order may not |
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specify a shorter period; or |
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(2) if the unfitness to proceed is a result of an |
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intellectual disability: |
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(A) provided that the child meets the commitment |
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criteria under Subtitle C or D, Title 7, Health and Safety Code, |
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order the child placed with the Department of Aging and Disability |
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Services for a period of time of not more than 90 days, which order |
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may not specify a shorter period, for placement in a facility |
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designated by the department; or |
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(B) on application by the child's parent, |
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guardian, or guardian ad litem, order the child placed in a private |
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psychiatric inpatient facility for a period of not more than 90 |
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days, which order may not specify a shorter period, but only if the |
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placement is agreed to in writing by the administrator of the |
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facility. |
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(b) If the court orders a child placed in a private |
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psychiatric inpatient facility under Subsection (a)(1)(B) or |
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(a)(2)(B), the state or a political subdivision of the state may be |
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ordered to pay any costs associated with the child's placement, |
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subject to an express appropriation of funds for the purpose. |
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SECTION 1.009. Section 55.34(a), Family Code, is amended to |
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read as follows: |
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(a) If the court issues a placement order under Section |
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55.33(a)(1)(A) or (B) or (a)(2) [55.33(a)(1)], the court shall |
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order the probation department or sheriff's department to transport |
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the child to the designated facility. |
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SECTION 1.010. Section 55.35(a), Family Code, is amended to |
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read as follows: |
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(a) If the juvenile court issues a placement order under |
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Section 55.33(a), the court shall order the probation department to |
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send copies of any information in the possession of the department |
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and relevant to the issue of the child's mental illness or |
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intellectual disability [mental retardation] to the public or |
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private facility or outpatient center, as appropriate. |
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SECTION 1.011. Section 55.40, Family Code, is amended to |
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read as follows: |
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Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A |
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RESULT OF INTELLECTUAL DISABILITY [MENTAL RETARDATION]. If a |
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report submitted under Section 55.35(b) states that a child is |
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unfit to proceed as a result of an intellectual disability [mental
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retardation] and that the child meets the commitment criteria for |
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civil commitment under Subtitle D, Title 7, Health and Safety Code, |
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the director of the residential care facility shall submit to the |
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court an affidavit stating the conclusions reached as a result of |
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the diagnosis. On receipt of the affidavit, the court shall: |
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(1) initiate proceedings as provided by Section 55.41 |
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in the juvenile court for commitment of the child under Subtitle D, |
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Title 7, Health and Safety Code; or |
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(2) refer the child's case as provided by Section 55.42 |
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to the appropriate court for the initiation of proceedings in that |
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court for commitment of the child under Subtitle D, Title 7, Health |
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and Safety Code. |
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SECTION 1.012. The heading to Section 55.41, Family Code, |
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is amended to read as follows: |
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Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR |
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CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION]. |
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SECTION 1.013. Section 55.41(c), Family Code, is amended to |
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read as follows: |
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(c) On receipt of the court's order, the [Texas] Department |
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of Aging and Disability Services [Mental Health and Mental
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Retardation] or the appropriate community center shall admit the |
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child to a residential care facility. |
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SECTION 1.014. The heading to Section 55.42, Family Code, |
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is amended to read as follows: |
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Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR |
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CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION]. |
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SECTION 1.015. Section 55.42(a), Family Code, is amended to |
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read as follows: |
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(a) If the juvenile court refers the child's case to an |
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appropriate court for the initiation of commitment proceedings |
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under Section 55.40(2), the juvenile court shall: |
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(1) send all papers relating to the child's |
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intellectual disability [mental retardation] to the clerk of the |
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court to which the case is referred; |
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(2) send to the office of the appropriate county |
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attorney or, if a county attorney is not available, to the office of |
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the appropriate district attorney, copies of all papers sent to the |
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clerk of the court under Subdivision (1); and |
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(3) if the child is in detention: |
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(A) order the child released from detention to |
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the child's home or another appropriate place; |
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(B) order the child detained in an appropriate |
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place other than a juvenile detention facility; or |
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(C) if an appropriate place to release or detain |
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the child as described by Paragraph (A) or (B) is not available, |
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order the child to remain in the juvenile detention facility |
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subject to further detention orders of the court. |
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SECTION 1.016. Section 55.43(a), Family Code, is amended to |
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read as follows: |
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(a) The prosecuting attorney may file with the juvenile |
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court a motion for a restoration hearing concerning a child if: |
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(1) the child is found unfit to proceed as a result of |
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mental illness or an intellectual disability [mental retardation]; |
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and |
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(2) the child: |
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(A) is not: |
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(i) ordered by a court to receive inpatient |
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mental health services; |
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(ii) committed by a court to a residential |
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care facility; or |
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(iii) ordered by a court to receive |
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treatment on an outpatient basis; or |
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(B) is discharged or currently on furlough from a |
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mental health facility or outpatient center before the child |
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reaches 18 years of age. |
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SECTION 1.017. Section 55.44(a), Family Code, is amended to |
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read as follows: |
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(a) The juvenile court shall transfer all pending |
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proceedings from the juvenile court to a criminal court on the 18th |
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birthday of a child for whom the juvenile court or a court to which |
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the child's case is referred has ordered inpatient mental health |
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services or residential care for persons with an intellectual |
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disability [mental retardation] if: |
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(1) the child is not discharged or currently on |
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furlough from the facility before reaching 18 years of age; and |
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(2) the child is alleged to have engaged in delinquent |
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conduct that included a violation of a penal law listed in Section |
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53.045 and no adjudication concerning the alleged conduct has been |
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made. |
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SECTION 1.018. The heading to Subchapter D, Chapter 55, |
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Family Code, is amended to read as follows: |
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SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF |
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MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION] |
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SECTION 1.019. Section 55.51, Family Code, is amended to |
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read as follows: |
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Sec. 55.51. LACK OF RESPONSIBILITY FOR CONDUCT |
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DETERMINATION; EXAMINATION. (a) A child alleged by petition to |
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have engaged in delinquent conduct or conduct indicating a need for |
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supervision is not responsible for the conduct if at the time of the |
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conduct, as a result of mental illness or an intellectual |
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disability [mental retardation], the child lacks substantial |
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capacity either to appreciate the wrongfulness of the child's |
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conduct or to conform the child's conduct to the requirements of |
|
law. |
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(b) On a motion by a party in which it is alleged that a |
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child may not be responsible as a result of mental illness or an |
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intellectual disability [mental retardation] for the child's |
|
conduct, the court shall order the child to be examined under |
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Section 51.20. The information obtained from the examinations must |
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include expert opinion as to whether the child is not responsible |
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for the child's conduct as a result of mental illness or an |
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intellectual disability [mental retardation]. |
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(c) The issue of whether the child is not responsible for |
|
the child's conduct as a result of mental illness or an intellectual |
|
disability [mental retardation] shall be tried to the court or jury |
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in the adjudication hearing. |
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(d) Lack of responsibility for conduct as a result of mental |
|
illness or an intellectual disability [mental retardation] must be |
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proved by a preponderance of the evidence. |
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(e) In its findings or verdict the court or jury must state |
|
whether the child is not responsible for the child's conduct as a |
|
result of mental illness or an intellectual disability [mental
|
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retardation]. |
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(f) If the court or jury finds the child is not responsible |
|
for the child's conduct as a result of mental illness or an |
|
intellectual disability [mental retardation], the court shall |
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proceed under Section 55.52. |
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(g) A child found to be not responsible for the child's |
|
conduct as a result of mental illness or an intellectual disability |
|
[mental retardation] shall not be subject to proceedings under this |
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title with respect to such conduct, other than proceedings under |
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Section 55.52. |
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SECTION 1.020. Section 55.52, Family Code, is amended to |
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read as follows: |
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Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF |
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RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a |
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child is not responsible for the child's conduct under Section |
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55.51, the court shall: |
|
(1) if the lack of responsibility is a result of mental |
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illness [or mental retardation]: |
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(A) provided that the child meets the commitment |
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criteria under Subtitle C or D, Title 7, Health and Safety Code, |
|
order the child placed with the [Texas] Department of State Health |
|
Services [Mental Health and Mental Retardation] for a period of not |
|
more than 90 days, which order may not specify a shorter period, for |
|
placement in a facility designated by the department; [or] |
|
(B) on application by the child's parent, |
|
guardian, or guardian ad litem, order the child placed in a private |
|
psychiatric inpatient facility for a period of not more than 90 |
|
days, which order may not specify a shorter period, but only if the |
|
placement is agreed to in writing by the administrator of the |
|
facility; or |
|
(C) [(2)] if [the child's lack of responsibility
|
|
is a result of mental illness and] the court determines that the |
|
child may be adequately treated in an alternative setting, order |
|
the child to receive treatment on an outpatient basis for a period |
|
of not more than 90 days, which order may not specify a shorter |
|
period; or |
|
(2) if the lack of responsibility is a result of an |
|
intellectual disability: |
|
(A) provided that the child meets the commitment |
|
criteria under Subtitle C or D, Title 7, Health and Safety Code, |
|
order the child placed with the Department of Aging and Disability |
|
Services for a period of not more than 90 days, which order may not |
|
specify a shorter period, for placement in a facility designated by |
|
the department; or |
|
(B) on application by the child's parent, |
|
guardian, or guardian ad litem, order the child placed in a private |
|
psychiatric inpatient facility for a period of not more than 90 |
|
days, which order may not specify a shorter period, but only if the |
|
placement is agreed to in writing by the administrator of the |
|
facility. |
|
(b) If the court orders a child placed in a private |
|
psychiatric inpatient facility under Subsection (a)(1)(B) or |
|
(a)(2)(B), the state or a political subdivision of the state may be |
|
ordered to pay any costs associated with the child's placement, |
|
subject to an express appropriation of funds for the purpose. |
|
SECTION 1.021. Sections 55.54(a) and (b), Family Code, are |
|
amended to read as follows: |
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(a) If the juvenile court issues a placement order under |
|
Section 55.52(a), the court shall order the probation department to |
|
send copies of any information in the possession of the department |
|
and relevant to the issue of the child's mental illness or |
|
intellectual disability [mental retardation] to the public or |
|
private facility or outpatient center, as appropriate. |
|
(b) Not later than the 75th day after the date the court |
|
issues a placement order under Section 55.52(a), the public or |
|
private facility or outpatient center, as appropriate, shall submit |
|
to the court a report that: |
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(1) describes the treatment of the child provided by |
|
the facility or center; and |
|
(2) states the opinion of the director of the facility |
|
or center as to whether the child has a mental illness or an |
|
intellectual disability [is mentally ill or mentally retarded]. |
|
SECTION 1.022. Section 55.55, Family Code, is amended to |
|
read as follows: |
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Sec. 55.55. REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS |
|
OR INTELLECTUAL DISABILITY [IS NOT MENTALLY ILL OR MENTALLY
|
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RETARDED]; HEARING ON OBJECTION. (a) If a report submitted under |
|
Section 55.54(b) states that a child does not have a mental illness |
|
or an intellectual disability [mental retardation], the juvenile |
|
court shall discharge the child unless: |
|
(1) an adjudication hearing was conducted concerning |
|
conduct that included a violation of a penal law listed in Section |
|
53.045(a) and a petition was approved by a grand jury under Section |
|
53.045; and |
|
(2) the prosecuting attorney objects in writing not |
|
later than the second day after the date the attorney receives a |
|
copy of the report under Section 55.54(c). |
|
(b) On objection by the prosecuting attorney under |
|
Subsection (a), the juvenile court shall hold a hearing without a |
|
jury to determine whether the child has a mental illness or an |
|
intellectual disability [mental retardation] and whether the child |
|
meets the commitment criteria for civil commitment under Subtitle C |
|
or D, Title 7, Health and Safety Code. |
|
(c) At the hearing, the burden is on the state to prove by |
|
clear and convincing evidence that the child has a mental illness or |
|
an intellectual disability [mental retardation] and that the child |
|
meets the commitment criteria for civil commitment under Subtitle C |
|
or D, Title 7, Health and Safety Code. |
|
(d) If, after a hearing, the court finds that the child does |
|
not have a mental illness or an intellectual disability [mental
|
|
retardation] and that the child does not meet the commitment |
|
criteria under Subtitle C or D, Title 7, Health and Safety Code, the |
|
court shall discharge the child. |
|
(e) If, after a hearing, the court finds that the child has a |
|
mental illness or an intellectual disability [mental retardation] |
|
and that the child meets the commitment criteria under Subtitle C or |
|
D, Title 7, Health and Safety Code, the court shall issue an |
|
appropriate commitment order. |
|
SECTION 1.023. Section 55.59, Family Code, is amended to |
|
read as follows: |
|
Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY |
|
[MENTAL RETARDATION]; INITIATION OF COMMITMENT PROCEEDINGS. If a |
|
report submitted under Section 55.54(b) states that a child has an |
|
intellectual disability [mental retardation] and that the child |
|
meets the commitment criteria for civil commitment under Subtitle |
|
D, Title 7, Health and Safety Code, the director of the residential |
|
care facility shall submit to the court an affidavit stating the |
|
conclusions reached as a result of the diagnosis. On receipt of an |
|
affidavit, the juvenile court shall: |
|
(1) initiate proceedings in the juvenile court as |
|
provided by Section 55.60 for commitment of the child under |
|
Subtitle D, Title 7, Health and Safety Code; or |
|
(2) refer the child's case to the appropriate court as |
|
provided by Section 55.61 for the initiation of proceedings in that |
|
court for commitment of the child under Subtitle D, Title 7, Health |
|
and Safety Code. |
|
SECTION 1.024. The heading to Section 55.60, Family Code, |
|
is amended to read as follows: |
|
Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR |
|
CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION]. |
|
SECTION 1.025. Section 55.60(c), Family Code, is amended to |
|
read as follows: |
|
(c) On receipt of the court's order, the [Texas] Department |
|
of Aging and Disability Services [Mental Health and Mental
|
|
Retardation] or the appropriate community center shall admit the |
|
child to a residential care facility. |
|
SECTION 1.026. The heading to Section 55.61, Family Code, |
|
is amended to read as follows: |
|
Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR |
|
CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION]. |
|
SECTION 1.027. Section 55.61(a), Family Code, is amended to |
|
read as follows: |
|
(a) If the juvenile court refers the child's case to an |
|
appropriate court for the initiation of commitment proceedings |
|
under Section 55.59(2), the juvenile court shall: |
|
(1) send all papers relating to the child's |
|
intellectual disability [mental retardation] to the clerk of the |
|
court to which the case is referred; |
|
(2) send to the office of the appropriate county |
|
attorney or, if a county attorney is not available, to the office of |
|
the appropriate district attorney, copies of all papers sent to the |
|
clerk of the court under Subdivision (1); and |
|
(3) if the child is in detention: |
|
(A) order the child released from detention to |
|
the child's home or another appropriate place; |
|
(B) order the child detained in an appropriate |
|
place other than a juvenile detention facility; or |
|
(C) if an appropriate place to release or detain |
|
the child as described by Paragraph (A) or (B) is not available, |
|
order the child to remain in the juvenile detention facility |
|
subject to further detention orders of the court. |
|
SECTION 1.028. Section 101.0021, Family Code, is |
|
redesignated as Section 101.036, Family Code, and amended to read |
|
as follows: |
|
Sec. 101.036 [101.0021]. [BUREAU OF] VITAL STATISTICS |
|
UNIT. "Vital [Bureau of vital] statistics unit" means the [bureau
|
|
of] vital statistics unit of the [Texas] Department of State Health |
|
Services. |
|
SECTION 1.029. Section 101.017, Family Code, is amended to |
|
read as follows: |
|
Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed |
|
child placing agency" means a person, including an organization |
|
[private association,] or corporation, licensed or certified under |
|
Chapter 42, Human Resources Code, [approved] by the Department of |
|
Family and Protective Services to place a child in a child-care |
|
facility, agency foster home, agency foster group home, or adoptive |
|
home [children for adoption through a license, certification, or
|
|
other means]. |
|
SECTION 1.030. Section 102.003(a), Family Code, is amended |
|
to read as follows: |
|
(a) An original suit may be filed at any time by: |
|
(1) a parent of the child; |
|
(2) the child through a representative authorized by |
|
the court; |
|
(3) a custodian or person having the right of |
|
visitation with or access to the child appointed by an order of a |
|
court of another state or country; |
|
(4) a guardian of the person or of the estate of the |
|
child; |
|
(5) a governmental entity; |
|
(6) the Department of Family and Protective Services |
|
[an authorized agency]; |
|
(7) a licensed child placing agency; |
|
(8) a man alleging himself to be the father of a child |
|
filing in accordance with Chapter 160, subject to the limitations |
|
of that chapter, but not otherwise; |
|
(9) a person, other than a foster parent, who has had |
|
actual care, control, and possession of the child for at least six |
|
months ending not more than 90 days preceding the date of the filing |
|
of the petition; |
|
(10) a person designated as the managing conservator |
|
in a revoked or unrevoked affidavit of relinquishment under Chapter |
|
161 or to whom consent to adoption has been given in writing under |
|
Chapter 162; |
|
(11) a person with whom the child and the child's |
|
guardian, managing conservator, or parent have resided for at least |
|
six months ending not more than 90 days preceding the date of the |
|
filing of the petition if the child's guardian, managing |
|
conservator, or parent is deceased at the time of the filing of the |
|
petition; |
|
(12) a person who is the foster parent of a child |
|
placed by the Department of Family and Protective Services in the |
|
person's home for at least 12 months ending not more than 90 days |
|
preceding the date of the filing of the petition; |
|
(13) a person who is a relative of the child within the |
|
third degree by consanguinity, as determined by Chapter 573, |
|
Government Code, if the child's parents are deceased at the time of |
|
the filing of the petition; or |
|
(14) a person who has been named as a prospective |
|
adoptive parent of a child by a pregnant woman or the parent of the |
|
child, in a verified written statement to confer standing executed |
|
under Section 102.0035, regardless of whether the child has been |
|
born. |
|
SECTION 1.031. Section 102.011(b), Family Code, is amended |
|
to read as follows: |
|
(b) The court may also exercise personal jurisdiction over a |
|
person on whom service of citation is required or over the person's |
|
personal representative, although the person is not a resident or |
|
domiciliary of this state, if: |
|
(1) the person is personally served with citation in |
|
this state; |
|
(2) the person submits to the jurisdiction of this |
|
state by consent, by entering a general appearance, or by filing a |
|
responsive document having the effect of waiving any contest to |
|
personal jurisdiction; |
|
(3) the child resides in this state as a result of the |
|
acts or directives of the person; |
|
(4) the person resided with the child in this state; |
|
(5) the person resided in this state and provided |
|
prenatal expenses or support for the child; |
|
(6) the person engaged in sexual intercourse in this |
|
state and the child may have been conceived by that act of |
|
intercourse; |
|
(7) the person, as provided by Chapter 160: |
|
(A) registered with the paternity registry |
|
maintained by the [bureau of] vital statistics unit; or |
|
(B) signed an acknowledgment of paternity of a |
|
child born in this state; or |
|
(8) there is any basis consistent with the |
|
constitutions of this state and the United States for the exercise |
|
of the personal jurisdiction. |
|
SECTION 1.032. Section 107.001(5), Family Code, is amended |
|
to read as follows: |
|
(5) "Guardian ad litem" means a person appointed to |
|
represent the best interests of a child. The term includes: |
|
(A) a volunteer advocate from a charitable |
|
organization described by [appointed under] Subchapter C who is |
|
appointed by the court as the child's guardian ad litem; |
|
(B) a professional, other than an attorney, who |
|
holds a relevant professional license and whose training relates to |
|
the determination of a child's best interests; |
|
(C) an adult having the competence, training, and |
|
expertise determined by the court to be sufficient to represent the |
|
best interests of the child; or |
|
(D) an attorney ad litem appointed to serve in |
|
the dual role. |
|
SECTION 1.033. Section 107.002(c), Family Code, is amended |
|
to read as follows: |
|
(c) A guardian ad litem appointed for the child under this |
|
chapter is entitled to: |
|
(1) receive a copy of each pleading or other paper |
|
filed with the court in the case in which the guardian ad litem is |
|
appointed; |
|
(2) receive notice of each hearing in the case; |
|
(3) participate in case staffings by the Department of |
|
Family and Protective Services [an authorized agency] concerning |
|
the child; |
|
(4) attend all legal proceedings in the case but may |
|
not call or question a witness or otherwise provide legal services |
|
unless the guardian ad litem is a licensed attorney who has been |
|
appointed in the dual role; |
|
(5) review and sign, or decline to sign, an agreed |
|
order affecting the child; and |
|
(6) explain the basis for the guardian ad litem's |
|
opposition to the agreed order if the guardian ad litem does not |
|
agree to the terms of a proposed order. |
|
SECTION 1.034. Section 107.003(a), Family Code, is amended |
|
to read as follows: |
|
(a) An attorney ad litem appointed to represent a child or |
|
an amicus attorney appointed to assist the court: |
|
(1) shall: |
|
(A) subject to Rules 4.02, 4.03, and 4.04, Texas |
|
Disciplinary Rules of Professional Conduct, and within a reasonable |
|
time after the appointment, interview: |
|
(i) the child in a developmentally |
|
appropriate manner, if the child is four years of age or older; |
|
(ii) each person who has significant |
|
knowledge of the child's history and condition, including any |
|
foster parent of the child; and |
|
(iii) the parties to the suit; |
|
(B) seek to elicit in a developmentally |
|
appropriate manner the child's expressed objectives of |
|
representation; |
|
(C) consider the impact on the child in |
|
formulating the attorney's presentation of the child's expressed |
|
objectives of representation to the court; |
|
(D) investigate the facts of the case to the |
|
extent the attorney considers appropriate; |
|
(E) obtain and review copies of relevant records |
|
relating to the child as provided by Section 107.006; |
|
(F) participate in the conduct of the litigation |
|
to the same extent as an attorney for a party; |
|
(G) take any action consistent with the child's |
|
interests that the attorney considers necessary to expedite the |
|
proceedings; |
|
(H) encourage settlement and the use of |
|
alternative forms of dispute resolution; and |
|
(I) review and sign, or decline to sign, a |
|
proposed or agreed order affecting the child; |
|
(2) must be trained in child advocacy or have |
|
experience determined by the court to be equivalent to that |
|
training; and |
|
(3) is entitled to: |
|
(A) request clarification from the court if the |
|
role of the attorney is ambiguous; |
|
(B) request a hearing or trial on the merits; |
|
(C) consent or refuse to consent to an interview |
|
of the child by another attorney; |
|
(D) receive a copy of each pleading or other |
|
paper filed with the court; |
|
(E) receive notice of each hearing in the suit; |
|
(F) participate in any case staffing concerning |
|
the child conducted by the Department of Family and Protective |
|
Services [an authorized agency]; and |
|
(G) attend all legal proceedings in the suit. |
|
SECTION 1.035. Section 108.001, Family Code, is amended to |
|
read as follows: |
|
Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK. (a) |
|
Except as provided by this chapter, the clerk of the court shall |
|
transmit to the [bureau of] vital statistics unit a certified |
|
record of the order rendered in a suit, together with the name and |
|
all prior names, birth date, and place of birth of the child on a |
|
form provided by the unit [bureau]. The form shall be completed by |
|
the petitioner and submitted to the clerk at the time the order is |
|
filed for record. |
|
(b) The [bureau of] vital statistics unit shall maintain |
|
these records in a central file according to the name, birth date, |
|
and place of birth of the child, the court that rendered the order, |
|
and the docket number of the suit. |
|
(c) Except as otherwise provided by law, the records |
|
required under this section to be maintained by the [bureau of] |
|
vital statistics unit are confidential. |
|
(d) In a Title IV-D case, the Title IV-D agency may transmit |
|
the record and information specified by Subsection (a) to the |
|
[bureau of] vital statistics unit, with a copy to the clerk of the |
|
court on request by the clerk. The record and information are not |
|
required to be certified if transmitted by the Title IV-D agency |
|
under this subsection. |
|
SECTION 1.036. Section 108.003, Family Code, is amended to |
|
read as follows: |
|
Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING |
|
ADOPTION. (a) The clerk of a court that renders a decree of |
|
adoption shall, not later than the 10th day of the first month after |
|
the month in which the adoption is rendered, transmit to the central |
|
registry of the [bureau of] vital statistics unit a certified |
|
report of adoption that includes: |
|
(1) the name of the adopted child after adoption as |
|
shown in the adoption order; |
|
(2) the birth date of the adopted child; |
|
(3) the docket number of the adoption suit; |
|
(4) the identity of the court rendering the adoption; |
|
(5) the date of the adoption order; |
|
(6) the name and address of each parent, guardian, |
|
managing conservator, or other person whose consent to adoption was |
|
required or waived under Chapter 162, or whose parental rights were |
|
terminated in the adoption suit; |
|
(7) the identity of the licensed child placing agency, |
|
if any, through which the adopted child was placed for adoption; and |
|
(8) the identity, address, and telephone number of the |
|
registry through which the adopted child may register as an |
|
adoptee. |
|
(b) Except as otherwise provided by law, for good cause |
|
shown, or on an order of the court that granted the adoption or |
|
terminated the proceedings under Section 155.001, the records |
|
concerning a child maintained by the district clerk after rendition |
|
of a decree of adoption, the records of a child-placing agency that |
|
has ceased operations, and the records required under this section |
|
to be maintained by the [bureau of] vital statistics unit are |
|
confidential, and no person is entitled to access to or information |
|
from these records. |
|
(c) If the [bureau of] vital statistics unit determines that |
|
a report filed with the unit [bureau] under this section requires |
|
correction, the unit [bureau] shall mail the report directly to an |
|
attorney of record with respect to the adoption. The attorney shall |
|
return the corrected report to the unit [bureau]. If there is no |
|
attorney of record, the unit [bureau] shall mail the report to the |
|
clerk of the court for correction. |
|
SECTION 1.037. Section 108.004, Family Code, is amended to |
|
read as follows: |
|
Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. |
|
On the loss of jurisdiction of a court under Chapter 155, 159, or |
|
262, the clerk of the court shall transmit to the central registry |
|
of the [bureau of] vital statistics unit a certified record, on a |
|
form provided by the unit [bureau], stating that jurisdiction has |
|
been lost, the reason for the loss of jurisdiction, and the name and |
|
all previous names, date of birth, and place of birth of the child. |
|
SECTION 1.038. The heading to Section 108.005, Family Code, |
|
is amended to read as follows: |
|
Sec. 108.005. ADOPTION RECORDS RECEIVED BY [BUREAU OF] |
|
VITAL STATISTICS UNIT. |
|
SECTION 1.039. Section 108.005(a), Family Code, is amended |
|
to read as follows: |
|
(a) When the [bureau of] vital statistics unit receives a |
|
record from the district clerk showing that continuing, exclusive |
|
jurisdiction of a child has been lost due to the adoption of the |
|
child, the unit [bureau] shall close the records concerning that |
|
child. |
|
SECTION 1.040. Sections 108.006(a), (c), and (d), Family |
|
Code, are amended to read as follows: |
|
(a) The Department of State Health Services [bureau of vital
|
|
statistics] may charge a reasonable fee to cover the cost of |
|
determining and sending information concerning the identity of the |
|
court with continuing, exclusive jurisdiction. |
|
(c) The clerk shall send the fees collected under Subsection |
|
(b) to the Department of State Health Services [bureau of vital
|
|
statistics] for deposit in a special fund in the state treasury from |
|
which the legislature may appropriate money only to operate and |
|
maintain the central file and central registry of the vital |
|
statistics unit [bureau]. |
|
(d) The receipts from the fees charged under Subsection (a) |
|
shall be deposited in a financial institution as determined by the |
|
Department of State Health Services [director of the bureau of
|
|
vital statistics] and withdrawn as necessary for the sole purpose |
|
of operating and maintaining the central record file. |
|
SECTION 1.041. Section 108.007, Family Code, is amended to |
|
read as follows: |
|
Sec. 108.007. MICROFILM. (a) The [bureau of] vital |
|
statistics unit may use microfilm or other suitable means for |
|
maintaining the central record file. |
|
(b) A certified reproduction of a document maintained by the |
|
[bureau of] vital statistics unit is admissible in evidence as the |
|
original document. |
|
SECTION 1.042. Section 108.008(a), Family Code, is amended |
|
to read as follows: |
|
(a) On a determination of paternity, the petitioner shall |
|
provide the clerk of the court in which the order was rendered the |
|
information necessary to prepare the report of determination of |
|
paternity. The clerk shall: |
|
(1) prepare the report on a form provided by the vital |
|
statistics unit [Bureau of Vital Statistics]; and |
|
(2) complete the report immediately after the order |
|
becomes final. |
|
SECTION 1.043. Section 108.110, Family Code, is amended to |
|
read as follows: |
|
Sec. 108.110. RELEASE OF INFORMATION BY [BUREAU OF] VITAL |
|
STATISTICS UNIT. (a) The [bureau of] vital statistics unit shall |
|
provide to the Department of Family and Protective [and Regulatory] |
|
Services: |
|
(1) adoption information as necessary for the |
|
department to comply with federal law or regulations regarding the |
|
compilation or reporting of adoption information to federal |
|
officials; and |
|
(2) other information as necessary for the department |
|
to administer its duties. |
|
(b) The unit [bureau] may release otherwise confidential |
|
information from the unit's [bureau's] central record files to |
|
another governmental entity that has a specific need for the |
|
information and maintains appropriate safeguards to prevent |
|
further dissemination of the information. |
|
SECTION 1.044. Section 153.005(b), Family Code, is amended |
|
to read as follows: |
|
(b) A managing conservator must be a parent, a competent |
|
adult, the Department of Family and Protective Services [an
|
|
authorized agency], or a licensed child-placing agency. |
|
SECTION 1.045. Section 153.371, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS |
|
SOLE MANAGING CONSERVATOR. Unless limited by court order or other |
|
provisions of this chapter, a nonparent, a licensed child-placing |
|
agency, or the Department of Family and Protective Services |
|
[authorized agency] appointed as a managing conservator of the |
|
child has the following rights and duties: |
|
(1) the right to have physical possession and to |
|
direct the moral and religious training of the child; |
|
(2) the duty of care, control, protection, and |
|
reasonable discipline of the child; |
|
(3) the duty to provide the child with clothing, food, |
|
shelter, education, and medical, psychological, and dental care; |
|
(4) the right to consent for the child to medical, |
|
psychiatric, psychological, dental, and surgical treatment and to |
|
have access to the child's medical records; |
|
(5) the right to receive and give receipt for payments |
|
for the support of the child and to hold or disburse funds for the |
|
benefit of the child; |
|
(6) the right to the services and earnings of the |
|
child; |
|
(7) the right to consent to marriage and to enlistment |
|
in the armed forces of the United States; |
|
(8) the right to represent the child in legal action |
|
and to make other decisions of substantial legal significance |
|
concerning the child; |
|
(9) except when a guardian of the child's estate or a |
|
guardian or attorney ad litem has been appointed for the child, the |
|
right to act as an agent of the child in relation to the child's |
|
estate if the child's action is required by a state, the United |
|
States, or a foreign government; |
|
(10) the right to designate the primary residence of |
|
the child and to make decisions regarding the child's education; |
|
and |
|
(11) if the parent-child relationship has been |
|
terminated with respect to the parents, or only living parent, or if |
|
there is no living parent, the right to consent to the adoption of |
|
the child and to make any other decision concerning the child that a |
|
parent could make. |
|
SECTION 1.046. Section 153.372(a), Family Code, is amended |
|
to read as follows: |
|
(a) A nonparent, the Department of Family and Protective |
|
Services [authorized agency], or a licensed child-placing agency |
|
appointed as a joint managing conservator may serve in that |
|
capacity with either another nonparent or with a parent of the |
|
child. |
|
SECTION 1.047. Section 153.373, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.373. VOLUNTARY SURRENDER OF POSSESSION REBUTS |
|
PARENTAL PRESUMPTION. The presumption that a parent should be |
|
appointed or retained as managing conservator of the child is |
|
rebutted if the court finds that: |
|
(1) the parent has voluntarily relinquished actual |
|
care, control, and possession of the child to a nonparent, a |
|
licensed child-placing agency, or the Department of Family and |
|
Protective Services [authorized agency] for a period of one year or |
|
more, a portion of which was within 90 days preceding the date of |
|
intervention in or filing of the suit; and |
|
(2) the appointment of the nonparent, [or] agency, or |
|
Department of Family and Protective Services as managing |
|
conservator is in the best interest of the child. |
|
SECTION 1.048. Section 153.374, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.374. DESIGNATION OF MANAGING CONSERVATOR IN |
|
AFFIDAVIT OF RELINQUISHMENT. (a) A parent may designate a |
|
competent person, the Department of Family and Protective Services |
|
[authorized agency], or a licensed child-placing agency to serve as |
|
managing conservator of the child in an unrevoked or irrevocable |
|
affidavit of relinquishment of parental rights executed as provided |
|
by Chapter 161. |
|
(b) The person, Department of Family and Protective |
|
Services, or agency designated to serve as managing conservator |
|
shall be appointed managing conservator unless the court finds that |
|
the appointment would not be in the best interest of the child. |
|
SECTION 1.049. Section 153.376(a), Family Code, is amended |
|
to read as follows: |
|
(a) Unless limited by court order or other provisions of |
|
this chapter, a nonparent, a licensed child-placing agency, or the |
|
Department of Family and Protective Services [authorized agency] |
|
appointed as a possessory conservator has the following rights and |
|
duties during the period of possession: |
|
(1) the duty of care, control, protection, and |
|
reasonable discipline of the child; |
|
(2) the duty to provide the child with clothing, food, |
|
and shelter; and |
|
(3) the right to consent to medical, dental, and |
|
surgical treatment during an emergency involving an immediate |
|
danger to the health and safety of the child. |
|
SECTION 1.050. Section 153.434, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR |
|
ACCESS. A biological or adoptive grandparent may not request |
|
possession of or access to a grandchild if: |
|
(1) each of the biological parents of the grandchild |
|
has: |
|
(A) died; |
|
(B) had the person's parental rights terminated; |
|
or |
|
(C) executed an affidavit of waiver of interest |
|
in child or an affidavit of relinquishment of parental rights under |
|
Chapter 161 and the affidavit designates the Department of Family |
|
and Protective Services [an authorized agency], a licensed |
|
child-placing agency, or a person other than the child's stepparent |
|
as the managing conservator of the child; and |
|
(2) the grandchild has been adopted, or is the subject |
|
of a pending suit for adoption, by a person other than the child's |
|
stepparent. |
|
SECTION 1.051. Section 155.004(a), Family Code, is amended |
|
to read as follows: |
|
(a) A court of this state loses its continuing, exclusive |
|
jurisdiction to modify its order if: |
|
(1) an order of adoption is rendered after the court |
|
acquires continuing, exclusive jurisdiction of the suit; |
|
(2) the parents of the child have remarried each other |
|
after the dissolution of a previous marriage between them and file a |
|
suit for the dissolution of their subsequent marriage combined with |
|
a suit affecting the parent-child relationship as if there had not |
|
been a prior court with continuing, exclusive jurisdiction over the |
|
child; or |
|
(3) another court assumed jurisdiction over a suit and |
|
rendered a final order based on incorrect information received from |
|
the [bureau of] vital statistics unit that there was no court of |
|
continuing, exclusive jurisdiction. |
|
SECTION 1.052. Sections 155.101(a), (b), and (d), Family |
|
Code, are amended to read as follows: |
|
(a) The petitioner or the court shall request from the |
|
[bureau of] vital statistics unit identification of the court that |
|
last had continuing, exclusive jurisdiction of the child in a suit |
|
unless: |
|
(1) the petition alleges that no court has continuing, |
|
exclusive jurisdiction of the child and the issue is not disputed by |
|
the pleadings; or |
|
(2) the petition alleges that the court in which the |
|
suit or petition to modify has been filed has acquired and retains |
|
continuing, exclusive jurisdiction of the child as the result of a |
|
prior proceeding and the issue is not disputed by the pleadings. |
|
(b) The [bureau of] vital statistics unit shall, on the |
|
written request of the court, an attorney, or a party: |
|
(1) identify the court that last had continuing, |
|
exclusive jurisdiction of the child in a suit and give the docket |
|
number of the suit; or |
|
(2) state that the child has not been the subject of a |
|
suit. |
|
(d) The [bureau of] vital statistics unit shall transmit the |
|
information not later than the 10th day after the date on which the |
|
request is received. |
|
SECTION 1.053. Section 155.103, Family Code, is amended to |
|
read as follows: |
|
Sec. 155.103. RELIANCE ON [BUREAU OF] VITAL STATISTICS UNIT |
|
INFORMATION. (a) A court shall have jurisdiction over a suit if it |
|
has been, correctly or incorrectly, informed by the [bureau of] |
|
vital statistics unit that the child has not been the subject of a |
|
suit and the petition states that no other court has continuing, |
|
exclusive jurisdiction over the child. |
|
(b) If the [bureau of] vital statistics unit notifies the |
|
court that the unit [bureau] has furnished incorrect information |
|
regarding the existence of another court with continuing, exclusive |
|
jurisdiction before the rendition of a final order, the provisions |
|
of this chapter apply. |
|
SECTION 1.054. Section 155.104, Family Code, is amended to |
|
read as follows: |
|
Sec. 155.104. VOIDABLE ORDER. (a) If a request for |
|
information from the [bureau of] vital statistics unit relating to |
|
the identity of the court having continuing, exclusive jurisdiction |
|
of the child has been made under this subchapter, a final order, |
|
except an order of dismissal, may not be rendered until the |
|
information is filed with the court. |
|
(b) If a final order is rendered in the absence of the filing |
|
of the information from the [bureau of] vital statistics unit, the |
|
order is voidable on a showing that a court other than the court |
|
that rendered the order had continuing, exclusive jurisdiction. |
|
SECTION 1.055. Section 159.201(a), Family Code, is amended |
|
to read as follows: |
|
(a) In a proceeding to establish or enforce a support order |
|
or to determine parentage, a tribunal of this state may exercise |
|
personal jurisdiction over a nonresident individual or the |
|
individual's guardian or conservator if: |
|
(1) the individual is personally served with citation |
|
in this state; |
|
(2) the individual submits to the jurisdiction of this |
|
state by consent, by entering a general appearance, or by filing a |
|
responsive document having the effect of waiving any contest to |
|
personal jurisdiction; |
|
(3) the individual resided with the child in this |
|
state; |
|
(4) the individual resided in this state and provided |
|
prenatal expenses or support for the child; |
|
(5) the child resides in this state as a result of the |
|
acts or directives of the individual; |
|
(6) the individual engaged in sexual intercourse in |
|
this state and the child may have been conceived by that act of |
|
intercourse; |
|
(7) the individual asserted parentage in the paternity |
|
registry maintained in this state by the [bureau of] vital |
|
statistics unit; or |
|
(8) there is any other basis consistent with the |
|
constitutions of this state and the United States for the exercise |
|
of personal jurisdiction. |
|
SECTION 1.056. Section 160.204(a), Family Code, is amended |
|
to read as follows: |
|
(a) A man is presumed to be the father of a child if: |
|
(1) he is married to the mother of the child and the |
|
child is born during the marriage; |
|
(2) he is married to the mother of the child and the |
|
child is born before the 301st day after the date the marriage is |
|
terminated by death, annulment, declaration of invalidity, or |
|
divorce; |
|
(3) he married the mother of the child before the birth |
|
of the child in apparent compliance with law, even if the attempted |
|
marriage is or could be declared invalid, and the child is born |
|
during the invalid marriage or before the 301st day after the date |
|
the marriage is terminated by death, annulment, declaration of |
|
invalidity, or divorce; |
|
(4) he married the mother of the child after the birth |
|
of the child in apparent compliance with law, regardless of whether |
|
the marriage is or could be declared invalid, he voluntarily |
|
asserted his paternity of the child, and: |
|
(A) the assertion is in a record filed with the |
|
[bureau of] vital statistics unit; |
|
(B) he is voluntarily named as the child's father |
|
on the child's birth certificate; or |
|
(C) he promised in a record to support the child |
|
as his own; or |
|
(5) during the first two years of the child's life, he |
|
continuously resided in the household in which the child resided |
|
and he represented to others that the child was his own. |
|
SECTION 1.057. Section 160.302(b), Family Code, is amended |
|
to read as follows: |
|
(b) An acknowledgment of paternity is void if it: |
|
(1) states that another man is a presumed father of the |
|
child, unless a denial of paternity signed or otherwise |
|
authenticated by the presumed father is filed with the [bureau of] |
|
vital statistics unit; |
|
(2) states that another man is an acknowledged or |
|
adjudicated father of the child; or |
|
(3) falsely denies the existence of a presumed, |
|
acknowledged, or adjudicated father of the child. |
|
SECTION 1.058. Section 160.304(c), Family Code, is amended |
|
to read as follows: |
|
(c) Subject to Subsection (a), an acknowledgment of |
|
paternity or denial of paternity takes effect on the date of the |
|
birth of the child or the filing of the document with the [bureau
|
|
of] vital statistics unit, whichever occurs later. |
|
SECTION 1.059. Section 160.305, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF |
|
PATERNITY. (a) Except as provided by Sections 160.307 and 160.308, |
|
a valid acknowledgment of paternity filed with the [bureau of] |
|
vital statistics unit is the equivalent of an adjudication of the |
|
paternity of a child and confers on the acknowledged father all |
|
rights and duties of a parent. |
|
(b) Except as provided by Sections 160.307 and 160.308, a |
|
valid denial of paternity filed with the [bureau of] vital |
|
statistics unit in conjunction with a valid acknowledgment of |
|
paternity is the equivalent of an adjudication of the nonpaternity |
|
of the presumed father and discharges the presumed father from all |
|
rights and duties of a parent. |
|
SECTION 1.060. Section 160.306, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.306. FILING FEE NOT REQUIRED. The Department of |
|
State Health Services [bureau of vital statistics] may not charge a |
|
fee for filing: |
|
(1) an acknowledgment of paternity; |
|
(2) a denial of paternity; or |
|
(3) a rescission of an acknowledgment of paternity or |
|
denial of paternity. |
|
SECTION 1.061. Sections 160.307(b) and (c), Family Code, |
|
are amended to read as follows: |
|
(b) A signatory seeking to rescind an acknowledgment of |
|
paternity or denial of paternity must file with the [bureau of] |
|
vital statistics unit a completed rescission, on the form |
|
prescribed under Section 160.312, in which the signatory declares |
|
under penalty of perjury that: |
|
(1) as of the date the rescission is filed, a |
|
proceeding has not been held affecting the child identified in the |
|
acknowledgment of paternity or denial of paternity, including a |
|
proceeding to establish child support; |
|
(2) a copy of the completed rescission was sent by |
|
certified or registered mail, return receipt requested, to: |
|
(A) if the rescission is of an acknowledgment of |
|
paternity, the other signatory of the acknowledgment of paternity |
|
and the signatory of any related denial of paternity; or |
|
(B) if the rescission is of a denial of |
|
paternity, the signatories of the related acknowledgment of |
|
paternity; and |
|
(3) if a signatory to the acknowledgment of paternity |
|
or denial of paternity is receiving services from the Title IV-D |
|
agency, a copy of the completed rescission was sent by certified or |
|
registered mail to the Title IV-D agency. |
|
(c) On receipt of a completed rescission, the [bureau of] |
|
vital statistics unit shall void the acknowledgment of paternity or |
|
denial of paternity affected by the rescission and amend the birth |
|
record of the child, if appropriate. |
|
SECTION 1.062. Sections 160.309(b) and (e), Family Code, |
|
are amended to read as follows: |
|
(b) For purposes of a challenge to an acknowledgment of |
|
paternity or denial of paternity, a signatory submits to the |
|
personal jurisdiction of this state by signing the acknowledgment |
|
or denial. The jurisdiction is effective on the filing of the |
|
document with the [bureau of] vital statistics unit. |
|
(e) At the conclusion of a proceeding to challenge an |
|
acknowledgment of paternity or a denial of paternity, the court |
|
shall order the [bureau of] vital statistics unit to amend the birth |
|
record of the child, if appropriate. |
|
SECTION 1.063. Section 160.312(a), Family Code, is amended |
|
to read as follows: |
|
(a) To facilitate compliance with this subchapter, the |
|
[bureau of] vital statistics unit shall prescribe forms for the: |
|
(1) acknowledgment of paternity; |
|
(2) denial of paternity; and |
|
(3) rescission of an acknowledgment or denial of |
|
paternity. |
|
SECTION 1.064. Section 160.313, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.313. RELEASE OF INFORMATION. The [bureau of] |
|
vital statistics unit may release information relating to the |
|
acknowledgment of paternity or denial of paternity to a signatory |
|
of the acknowledgment or denial and to the courts and Title IV-D |
|
agency of this or another state. |
|
SECTION 1.065. Section 160.314, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.314. ADOPTION OF RULES. The Title IV-D agency and |
|
the executive commissioner of the Health and Human Services |
|
Commission [bureau of vital statistics] may adopt rules to |
|
implement this subchapter. |
|
SECTION 1.066. Section 160.315, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.315. MEMORANDUM OF UNDERSTANDING. (a) The Title |
|
IV-D agency and the [bureau of] vital statistics unit shall adopt a |
|
memorandum of understanding governing the collection and transfer |
|
of information for the voluntary acknowledgment of paternity. |
|
(b) The Title IV-D agency and the [bureau of] vital |
|
statistics unit shall review the memorandum semiannually and renew |
|
or modify the memorandum as necessary. |
|
SECTION 1.067. Section 160.401, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.401. ESTABLISHMENT OF REGISTRY. A registry of |
|
paternity is established in the [bureau of] vital statistics unit. |
|
SECTION 1.068. Section 160.402(c), Family Code, is amended |
|
to read as follows: |
|
(c) A registrant shall promptly notify the registry in a |
|
record of any change in the information provided by the registrant. |
|
The [bureau of] vital statistics unit shall incorporate all new |
|
information received into its records but is not required to |
|
affirmatively seek to obtain current information for incorporation |
|
in the registry. |
|
SECTION 1.069. Section 160.404, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.404. TERMINATION OF PARENTAL RIGHTS: FAILURE TO |
|
REGISTER. The parental rights of a man alleged to be the father of a |
|
child may be terminated without notice as provided by Section |
|
161.002 if the man: |
|
(1) did not timely register with the [bureau of] vital |
|
statistics unit; and |
|
(2) is not entitled to notice under Section 160.402 or |
|
161.002. |
|
SECTION 1.070. Section 160.411, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.411. REQUIRED FORM. The [bureau of] vital |
|
statistics unit shall adopt a form for registering with the |
|
registry. The form must require the signature of the registrant. |
|
The form must state that: |
|
(1) the form is signed under penalty of perjury; |
|
(2) a timely registration entitles the registrant to |
|
notice of a proceeding for adoption of the child or for termination |
|
of the registrant's parental rights; |
|
(3) a timely registration does not commence a |
|
proceeding to establish paternity; |
|
(4) the information disclosed on the form may be used |
|
against the registrant to establish paternity; |
|
(5) services to assist in establishing paternity are |
|
available to the registrant through the support enforcement agency; |
|
(6) the registrant should also register in another |
|
state if the conception or birth of the child occurred in the other |
|
state; |
|
(7) information on registries in other states is |
|
available from the [bureau of] vital statistics unit; and |
|
(8) procedures exist to rescind the registration of a |
|
claim of paternity. |
|
SECTION 1.071. Section 160.412(a), Family Code, is amended |
|
to read as follows: |
|
(a) The [bureau of] vital statistics unit is not required to |
|
attempt to locate the mother of a child who is the subject of a |
|
registration. The [bureau of] vital statistics unit shall send a |
|
copy of the notice of the registration to a mother who has provided |
|
an address. |
|
SECTION 1.072. Section 160.415, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.415. UNTIMELY REGISTRATION. If a man registers |
|
later than the 31st day after the date of the birth of the child, the |
|
[bureau of] vital statistics unit shall notify the registrant that |
|
the registration was not timely filed. |
|
SECTION 1.073. Section 160.416(b), Family Code, is amended |
|
to read as follows: |
|
(b) Except as otherwise provided by Subsection (c), the |
|
[bureau of] vital statistics unit may charge a reasonable fee for |
|
making a search of the registry and for furnishing a certificate. |
|
SECTION 1.074. Section 160.421(a), Family Code, is amended |
|
to read as follows: |
|
(a) If a father-child relationship has not been established |
|
under this chapter, a petitioner for the adoption of or the |
|
termination of parental rights regarding the child must obtain a |
|
certificate of the results of a search of the registry. The |
|
petitioner may request a search of the registry on or after the 32nd |
|
day after the date of the birth of the child, and the executive |
|
commissioner of the Health and Human Services Commission [bureau of
|
|
vital statistics] may not by rule impose a waiting period that must |
|
elapse before the vital statistics unit [bureau] will conduct the |
|
requested search. |
|
SECTION 1.075. Sections 160.422(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) The [bureau of] vital statistics unit shall furnish a |
|
certificate of the results of a search of the registry on request by |
|
an individual, a court, or an agency listed in Section 160.412(b). |
|
(b) The certificate of the results of a search must be |
|
signed on behalf of the unit [bureau] and state that: |
|
(1) a search has been made of the registry; and |
|
(2) a registration containing the information |
|
required to identify the registrant: |
|
(A) has been found and is attached to the |
|
certificate; or |
|
(B) has not been found. |
|
SECTION 1.076. Section 160.636(f), Family Code, is amended |
|
to read as follows: |
|
(f) If the order of the court is at variance with the child's |
|
birth certificate, the court shall order the [bureau of] vital |
|
statistics unit to issue an amended birth record. |
|
SECTION 1.077. Section 160.760(b), Family Code, is amended |
|
to read as follows: |
|
(b) After receiving notice of the birth, the court shall |
|
render an order that: |
|
(1) confirms that the intended parents are the child's |
|
parents; |
|
(2) requires the gestational mother to surrender the |
|
child to the intended parents, if necessary; and |
|
(3) requires the [bureau of] vital statistics unit to |
|
issue a birth certificate naming the intended parents as the |
|
child's parents. |
|
SECTION 1.078. Section 160.763, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.763. HEALTH CARE FACILITY REPORTING REQUIREMENT. |
|
(a) The executive commissioner of the Health and Human Services |
|
Commission [Texas Department of Health] by rule shall develop and |
|
implement a confidential reporting system that requires each health |
|
care facility in this state at which assisted reproduction |
|
procedures are performed under gestational agreements to report |
|
statistics related to those procedures. |
|
(b) In developing the reporting system, the executive |
|
commissioner [department] shall require each health care facility |
|
described by Subsection (a) to annually report: |
|
(1) the number of assisted reproduction procedures |
|
under a gestational agreement performed at the facility during the |
|
preceding year; and |
|
(2) the number and current status of embryos created |
|
through assisted reproduction procedures described by Subdivision |
|
(1) that were not transferred for implantation. |
|
SECTION 1.079. Section 161.001, Family Code, is amended to |
|
read as follows: |
|
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD |
|
RELATIONSHIP. (a) In this section, "born addicted to alcohol or a |
|
controlled substance" means a child: |
|
(1) who is born to a mother who during the pregnancy |
|
used a controlled substance, as defined by Chapter 481, Health and |
|
Safety Code, other than a controlled substance legally obtained by |
|
prescription, or alcohol; and |
|
(2) who, after birth as a result of the mother's use of |
|
the controlled substance or alcohol: |
|
(A) experiences observable withdrawal from the |
|
alcohol or controlled substance; |
|
(B) exhibits observable or harmful effects in the |
|
child's physical appearance or functioning; or |
|
(C) exhibits the demonstrable presence of |
|
alcohol or a controlled substance in the child's bodily fluids. |
|
(b) The court may order termination of the parent-child |
|
relationship if the court finds by clear and convincing evidence: |
|
(1) that the parent has: |
|
(A) voluntarily left the child alone or in the |
|
possession of another not the parent and expressed an intent not to |
|
return; |
|
(B) voluntarily left the child alone or in the |
|
possession of another not the parent without expressing an intent |
|
to return, without providing for the adequate support of the child, |
|
and remained away for a period of at least three months; |
|
(C) voluntarily left the child alone or in the |
|
possession of another without providing adequate support of the |
|
child and remained away for a period of at least six months; |
|
(D) knowingly placed or knowingly allowed the |
|
child to remain in conditions or surroundings which endanger the |
|
physical or emotional well-being of the child; |
|
(E) engaged in conduct or knowingly placed the |
|
child with persons who engaged in conduct which endangers the |
|
physical or emotional well-being of the child; |
|
(F) failed to support the child in accordance |
|
with the parent's ability during a period of one year ending within |
|
six months of the date of the filing of the petition; |
|
(G) abandoned the child without identifying the |
|
child or furnishing means of identification, and the child's |
|
identity cannot be ascertained by the exercise of reasonable |
|
diligence; |
|
(H) voluntarily, and with knowledge of the |
|
pregnancy, abandoned the mother of the child beginning at a time |
|
during her pregnancy with the child and continuing through the |
|
birth, failed to provide adequate support or medical care for the |
|
mother during the period of abandonment before the birth of the |
|
child, and remained apart from the child or failed to support the |
|
child since the birth; |
|
(I) contumaciously refused to submit to a |
|
reasonable and lawful order of a court under Subchapter D, Chapter |
|
261; |
|
(J) been the major cause of: |
|
(i) the failure of the child to be enrolled |
|
in school as required by the Education Code; or |
|
(ii) the child's absence from the child's |
|
home without the consent of the parents or guardian for a |
|
substantial length of time or without the intent to return; |
|
(K) executed before or after the suit is filed an |
|
unrevoked or irrevocable affidavit of relinquishment of parental |
|
rights as provided by this chapter; |
|
(L) been convicted or has been placed on |
|
community supervision, including deferred adjudication community |
|
supervision, for being criminally responsible for the death or |
|
serious injury of a child under the following sections of the Penal |
|
Code or adjudicated under Title 3 for conduct that caused the death |
|
or serious injury of a child and that would constitute a violation |
|
of one of the following Penal Code sections: |
|
(i) Section 19.02 (murder); |
|
(ii) Section 19.03 (capital murder); |
|
(iii) Section 19.04 (manslaughter); |
|
(iv) Section 21.11 (indecency with a |
|
child); |
|
(v) Section 22.01 (assault); |
|
(vi) Section 22.011 (sexual assault); |
|
(vii) Section 22.02 (aggravated assault); |
|
(viii) Section 22.021 (aggravated sexual |
|
assault); |
|
(ix) Section 22.04 (injury to a child, |
|
elderly individual, or disabled individual); |
|
(x) Section 22.041 (abandoning or |
|
endangering child); |
|
(xi) Section 25.02 (prohibited sexual |
|
conduct); |
|
(xii) Section 43.25 (sexual performance by |
|
a child); |
|
(xiii) Section 43.26 (possession or |
|
promotion of child pornography); |
|
(xiv) Section 21.02 (continuous sexual |
|
abuse of young child or children); |
|
(xv) Section 20A.02(a)(7) or (8) |
|
(trafficking of persons); and |
|
(xvi) Section 43.05(a)(2) (compelling |
|
prostitution); |
|
(M) had his or her parent-child relationship |
|
terminated with respect to another child based on a finding that the |
|
parent's conduct was in violation of Paragraph (D) or (E) or |
|
substantially equivalent provisions of the law of another state; |
|
(N) constructively abandoned the child who has |
|
been in the permanent or temporary managing conservatorship of the |
|
Department of Family and Protective Services [or an authorized
|
|
agency] for not less than six months, and: |
|
(i) the department [or authorized agency] |
|
has made reasonable efforts to return the child to the parent; |
|
(ii) the parent has not regularly visited |
|
or maintained significant contact with the child; and |
|
(iii) the parent has demonstrated an |
|
inability to provide the child with a safe environment; |
|
(O) failed to comply with the provisions of a |
|
court order that specifically established the actions necessary for |
|
the parent to obtain the return of the child who has been in the |
|
permanent or temporary managing conservatorship of the Department |
|
of Family and Protective Services for not less than nine months as a |
|
result of the child's removal from the parent under Chapter 262 for |
|
the abuse or neglect of the child; |
|
(P) used a controlled substance, as defined by |
|
Chapter 481, Health and Safety Code, in a manner that endangered the |
|
health or safety of the child, and: |
|
(i) failed to complete a court-ordered |
|
substance abuse treatment program; or |
|
(ii) after completion of a court-ordered |
|
substance abuse treatment program, continued to abuse a controlled |
|
substance; |
|
(Q) knowingly engaged in criminal conduct that |
|
has resulted in the parent's: |
|
(i) conviction of an offense; and |
|
(ii) confinement or imprisonment and |
|
inability to care for the child for not less than two years from the |
|
date of filing the petition; |
|
(R) been the cause of the child being born |
|
addicted to alcohol or a controlled substance, other than a |
|
controlled substance legally obtained by prescription[, as defined
|
|
by Section 261.001]; |
|
(S) voluntarily delivered the child to a |
|
designated emergency infant care provider under Section 262.302 |
|
without expressing an intent to return for the child; or |
|
(T) been convicted of: |
|
(i) the murder of the other parent of the |
|
child under Section 19.02 or 19.03, Penal Code, or under a law of |
|
another state, federal law, the law of a foreign country, or the |
|
Uniform Code of Military Justice that contains elements that are |
|
substantially similar to the elements of an offense under Section |
|
19.02 or 19.03, Penal Code; |
|
(ii) criminal attempt under Section 15.01, |
|
Penal Code, or under a law of another state, federal law, the law of |
|
a foreign country, or the Uniform Code of Military Justice that |
|
contains elements that are substantially similar to the elements of |
|
an offense under Section 15.01, Penal Code, to commit the offense |
|
described by Subparagraph (i); or |
|
(iii) criminal solicitation under Section |
|
15.03, Penal Code, or under a law of another state, federal law, the |
|
law of a foreign country, or the Uniform Code of Military Justice |
|
that contains elements that are substantially similar to the |
|
elements of an offense under Section 15.03, Penal Code, of the |
|
offense described by Subparagraph (i); and |
|
(2) that termination is in the best interest of the |
|
child. |
|
SECTION 1.080. Section 161.002(e), Family Code, is amended |
|
to read as follows: |
|
(e) The court shall not render an order terminating parental |
|
rights under Subsection (b)(2) or (3) unless the court receives |
|
evidence of a certificate of the results of a search of the |
|
paternity registry under Chapter 160 from the [bureau of] vital |
|
statistics unit indicating that no man has registered the intent to |
|
claim paternity. |
|
SECTION 1.081. Section 161.003(a), Family Code, is amended |
|
to read as follows: |
|
(a) The court may order termination of the parent-child |
|
relationship in a suit filed by the Department of Family and |
|
Protective [and Regulatory] Services if the court finds that: |
|
(1) the parent has a mental or emotional illness or a |
|
mental deficiency that renders the parent unable to provide for the |
|
physical, emotional, and mental needs of the child; |
|
(2) the illness or deficiency, in all reasonable |
|
probability, proved by clear and convincing evidence, will continue |
|
to render the parent unable to provide for the child's needs until |
|
the 18th birthday of the child; |
|
(3) the department has been the temporary or sole |
|
managing conservator of the child of the parent for at least six |
|
months preceding the date of the hearing on the termination held in |
|
accordance with Subsection (c); |
|
(4) the department has made reasonable efforts to |
|
return the child to the parent; and |
|
(5) the termination is in the best interest of the |
|
child. |
|
SECTION 1.082. Section 161.005(b), Family Code, is amended |
|
to read as follows: |
|
(b) If the petition designates the Department of Family and |
|
Protective [and Regulatory] Services as managing conservator, the |
|
department shall be given service of citation. The court shall |
|
notify the department if the court appoints the department as the |
|
managing conservator of the child. |
|
SECTION 1.083. Sections 161.103(c) and (e), Family Code, |
|
are amended to read as follows: |
|
(c) The affidavit may contain: |
|
(1) a waiver of process in a suit to terminate the |
|
parent-child relationship filed under this chapter or in a suit to |
|
terminate joined with a petition for adoption; and |
|
(2) a consent to the placement of the child for |
|
adoption by the Department of Family and Protective [and
|
|
Regulatory] Services or by a licensed child-placing agency. |
|
(e) The relinquishment in an affidavit that designates the |
|
Department of Family and Protective [and Regulatory] Services or a |
|
licensed child-placing agency to serve as the managing conservator |
|
is irrevocable. A relinquishment in any other affidavit of |
|
relinquishment is revocable unless it expressly provides that it is |
|
irrevocable for a stated period of time not to exceed 60 days after |
|
the date of its execution. |
|
SECTION 1.084. Section 161.104, Family Code, is amended to |
|
read as follows: |
|
Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR |
|
PENDING COURT APPOINTMENT. A person, licensed child-placing |
|
agency, or the Department of Family and Protective Services |
|
[authorized agency] designated managing conservator of a child in |
|
an irrevocable or unrevoked affidavit of relinquishment has a right |
|
to possession of the child superior to the right of the person |
|
executing the affidavit, the right to consent to medical, surgical, |
|
dental, and psychological treatment of the child, and the rights |
|
and duties given by Chapter 153 to a possessory conservator until |
|
such time as these rights and duties are modified or terminated by |
|
court order. |
|
SECTION 1.085. Section 161.106(e), Family Code, is amended |
|
to read as follows: |
|
(e) An affidavit of waiver of interest in a child may be used |
|
in a suit in which the affiant attempts to establish an interest in |
|
the child. The affidavit may not be used in a suit brought by |
|
another person, licensed child-placing agency, or the Department of |
|
Family and Protective Services [authorized agency] to establish the |
|
affiant's paternity of the child. |
|
SECTION 1.086. Section 161.108(a), Family Code, is amended |
|
to read as follows: |
|
(a) Before or at the time an affidavit of relinquishment of |
|
parental rights under Section 161.103 is executed, the mother of a |
|
newborn child may authorize the release of the child from the |
|
hospital or birthing center to a licensed child-placing agency, the |
|
Department of Family and Protective [and Regulatory] Services, or |
|
another designated person. |
|
SECTION 1.087. Section 161.109, Family Code, is amended to |
|
read as follows: |
|
Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY |
|
CERTIFICATE. (a) If a parent-child relationship does not exist |
|
between the child and any man, a certificate from the [bureau of] |
|
vital statistics unit signed by the registrar that a diligent |
|
search has been made of the paternity registry maintained by the |
|
unit [bureau] and that a registration has not been found pertaining |
|
to the father of the child in question must be filed with the court |
|
before a trial on the merits in the suit for termination may be |
|
held. |
|
(b) In a proceeding to terminate parental rights in which |
|
the alleged or probable father has not been personally served with |
|
citation or signed an affidavit of relinquishment or an affidavit |
|
of waiver of interest, the court may not terminate the parental |
|
rights of the alleged or probable father, whether known or unknown, |
|
unless a certificate from the [bureau of] vital statistics unit |
|
signed by the registrar states that a diligent search has been made |
|
of the paternity registry maintained by the unit [bureau] and that a |
|
filing or registration has not been found pertaining to the father |
|
of the child in question. |
|
SECTION 1.088. Section 161.2061(a), Family Code, is amended |
|
to read as follows: |
|
(a) If the court finds it to be in the best interest of the |
|
child, the court may provide in an order terminating the |
|
parent-child relationship that the biological parent who filed an |
|
affidavit of voluntary relinquishment of parental rights under |
|
Section 161.103 shall have limited post-termination contact with |
|
the child as provided by Subsection (b) on the agreement of the |
|
biological parent and the Department of Family and Protective [and
|
|
Regulatory] Services. |
|
SECTION 1.089. Section 161.207(a), Family Code, is amended |
|
to read as follows: |
|
(a) If the court terminates the parent-child relationship |
|
with respect to both parents or to the only living parent, the court |
|
shall appoint a suitable, competent adult, the Department of Family |
|
and Protective [and Regulatory] Services, or a licensed |
|
child-placing agency[, or an authorized agency] as managing |
|
conservator of the child. An agency designated managing |
|
conservator in an unrevoked or irrevocable affidavit of |
|
relinquishment shall be appointed managing conservator. |
|
SECTION 1.090. Section 161.208, Family Code, is amended to |
|
read as follows: |
|
Sec. 161.208. APPOINTMENT OF DEPARTMENT OF FAMILY AND |
|
PROTECTIVE [AND REGULATORY] SERVICES AS MANAGING CONSERVATOR. If a |
|
parent of the child has not been personally served in a suit in |
|
which the Department of Family and Protective [and Regulatory] |
|
Services seeks termination, the court that terminates a |
|
parent-child relationship may not appoint the Department of Family |
|
and Protective [and Regulatory] Services as permanent managing |
|
conservator of the child unless the court determines that: |
|
(1) the department has made a diligent effort to |
|
locate a missing parent who has not been personally served and a |
|
relative of that parent; and |
|
(2) a relative located by the department has had a |
|
reasonable opportunity to request appointment as managing |
|
conservator of the child or the department has not been able to |
|
locate the missing parent or a relative of the missing parent. |
|
SECTION 1.091. Section 162.001(c), Family Code, is amended |
|
to read as follows: |
|
(c) If an affidavit of relinquishment of parental rights |
|
contains a consent for the Department of Family and Protective [and
|
|
Regulatory] Services or a licensed child-placing agency to place |
|
the child for adoption and appoints the department or agency |
|
managing conservator of the child, further consent by the parent is |
|
not required and the adoption order shall terminate all rights of |
|
the parent without further termination proceedings. |
|
SECTION 1.092. Section 162.005(b), Family Code, is amended |
|
to read as follows: |
|
(b) Before placing a child for adoption, the Department of |
|
Family and Protective [and Regulatory] Services, a licensed |
|
child-placing agency, or the child's parent or guardian shall |
|
compile a report on the available health, social, educational, and |
|
genetic history of the child to be adopted. |
|
SECTION 1.093. Section 162.006(a), Family Code, is amended |
|
to read as follows: |
|
(a) The Department of Family and Protective Services |
|
[department], licensed child-placing agency, or other person |
|
placing a child for adoption shall inform the prospective adoptive |
|
parents of their right to examine the records and other information |
|
relating to the history of the child. The department, licensed |
|
child-placing agency, or other person placing the child for |
|
adoption shall edit the records and information to protect the |
|
identity of the biological parents and any other person whose |
|
identity is confidential. |
|
SECTION 1.094. Section 162.0065, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.0065. EDITING ADOPTION RECORDS IN DEPARTMENT |
|
PLACEMENT. Notwithstanding any other provision of this chapter, in |
|
an adoption in which a child is placed for adoption by the |
|
Department of Family and Protective [and Regulatory] Services, the |
|
department is not required to edit records to protect the identity |
|
of birth parents and other persons whose identity is confidential |
|
if the department determines that information is already known to |
|
the adoptive parents or is readily available through other sources, |
|
including the court records of a suit to terminate the parent-child |
|
relationship under Chapter 161. |
|
SECTION 1.095. Section 162.008(b), Family Code, is amended |
|
to read as follows: |
|
(b) A petition for adoption may not be granted until the |
|
following documents have been filed: |
|
(1) a copy of the health, social, educational, and |
|
genetic history report signed by the child's adoptive parents; and |
|
(2) if the report is required to be submitted to the |
|
Department of Family and Protective Services [bureau of vital
|
|
statistics] under Section 162.006(e), a certificate from the |
|
department [bureau] acknowledging receipt of the report. |
|
SECTION 1.096. Section 162.0085(a), Family Code, is amended |
|
to read as follows: |
|
(a) In a suit affecting the parent-child relationship in |
|
which an adoption is sought, the court shall order each person |
|
seeking to adopt the child to obtain that person's own criminal |
|
history record information. The court shall accept under this |
|
section a person's criminal history record information that is |
|
provided by the Department of Family and Protective [and
|
|
Regulatory] Services or by a licensed child-placing agency that |
|
received the information from the department if the information was |
|
obtained not more than one year before the date the court ordered |
|
the history to be obtained. |
|
SECTION 1.097. Sections 162.018(a) and (d), Family Code, |
|
are amended to read as follows: |
|
(a) The adoptive parents are entitled to receive copies of |
|
the records and other information relating to the history of the |
|
child maintained by the Department of Family and Protective |
|
Services [department], licensed child-placing agency, person, or |
|
entity placing the child for adoption. |
|
(d) At the time an adoption order is rendered, the court |
|
shall provide to the parents of an adopted child information |
|
provided by the [bureau of] vital statistics unit that describes |
|
the functions of the voluntary adoption registry under Subchapter |
|
E. The licensed child-placing agency shall provide to each of the |
|
child's biological parents known to the agency, the information |
|
when the parent signs an affidavit of relinquishment of parental |
|
rights or affidavit of waiver of interest in a child. The |
|
information shall include the right of the child or biological |
|
parent to refuse to participate in the registry. If the adopted |
|
child is 14 years old or older the court shall provide the |
|
information to the child. |
|
SECTION 1.098. Section 162.021(b), Family Code, is amended |
|
to read as follows: |
|
(b) Rendition of the order does not relieve the clerk from |
|
the duty to send information regarding adoption to the [bureau of] |
|
vital statistics unit as required by this subchapter and Chapter |
|
108. |
|
SECTION 1.099. Sections 162.101(1) and (2), Family Code, |
|
are amended to read as follows: |
|
(1) "Appropriate public authorities," with reference |
|
to this state, means the commissioner of the Department of Family |
|
and Protective Services [executive director]. |
|
(2) "Appropriate authority in the receiving state," |
|
with reference to this state, means the commissioner of the |
|
Department of Family and Protective Services [executive director]. |
|
SECTION 1.100. Section 162.103, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.103. FINANCIAL RESPONSIBILITY FOR CHILD. (a) |
|
Financial responsibility for a child placed as provided in the |
|
compact is determined, in the first instance, as provided in |
|
Article V of the compact. After partial or complete default of |
|
performance under the provisions of Article V assigning financial |
|
responsibility, the commissioner of the Department of Family and |
|
Protective Services [executive director] may bring suit under |
|
Chapter 154 and may file a complaint with the appropriate |
|
prosecuting attorney, claiming a violation of Section 25.05, Penal |
|
Code. |
|
(b) After default, if the commissioner of the Department of |
|
Family and Protective Services [executive director] determines |
|
that financial responsibility is unlikely to be assumed by the |
|
sending agency or the child's parents, the commissioner [executive
|
|
director] may cause the child to be returned to the sending agency. |
|
(c) After default, the Department of Family and Protective |
|
Services [department] shall assume financial responsibility for |
|
the child until it is assumed by the child's parents or until the |
|
child is safely returned to the sending agency. |
|
SECTION 1.101. Section 162.104, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.104. APPROVAL OF PLACEMENT. The commissioner of |
|
the Department of Family and Protective Services [executive
|
|
director] may not approve the placement of a child in this state |
|
without the concurrence of the individuals with whom the child is |
|
proposed to be placed or the head of an institution with which the |
|
child is proposed to be placed. |
|
SECTION 1.102. Section 162.106, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.106. COMPACT AUTHORITY. (a) The governor shall |
|
appoint the commissioner [executive director] of the Department of |
|
Family and Protective [and Regulatory] Services as compact |
|
administrator. |
|
(b) The commissioner of the Department of Family and |
|
Protective Services [executive director] shall designate a deputy |
|
compact administrator and staff necessary to execute the terms of |
|
the compact in this state. |
|
SECTION 1.103. Section 162.107(b), Family Code, is amended |
|
to read as follows: |
|
(b) An individual, agency, corporation, child-care |
|
facility, or general residential operation [child-care
|
|
institution] in this state that violates Article IV of the compact |
|
commits an offense. An offense under this subsection is a Class B |
|
misdemeanor. On conviction, the court shall revoke any license to |
|
operate as a child-care facility or general residential operation |
|
[child-care institution] issued by the Department of Family and |
|
Protective Services [department] to the entity convicted and shall |
|
revoke any license or certification of the individual, agency, or |
|
corporation necessary to practice in the state. |
|
SECTION 1.104. Section 162.201, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.201. ADOPTION OF COMPACT; TEXT. The Interstate |
|
Compact on Adoption and Medical Assistance is adopted by this state |
|
and entered into with all other jurisdictions joining in the |
|
compact in form substantially as provided under this subchapter. |
|
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE |
|
ARTICLE I. FINDINGS |
|
The legislature finds that: |
|
(a) Finding adoptive families for children for whom |
|
state assistance is desirable, under Subchapter D, Chapter 162, and |
|
assuring the protection of the interest of the children affected |
|
during the entire assistance period require special measures when |
|
the adoptive parents move to other states or are residents of |
|
another state. |
|
(b) The provision of medical and other necessary |
|
services for children, with state assistance, encounters special |
|
difficulties when the provision of services takes place in other |
|
states. |
|
ARTICLE II. PURPOSES |
|
The purposes of the compact are to: |
|
(a) authorize the Department of Family and Protective |
|
[and Regulatory] Services, with the concurrence of the Health and |
|
Human Services Commission, to enter into interstate agreements with |
|
agencies of other states for the protection of children on behalf of |
|
whom adoption assistance is being provided by the Department of |
|
Family and Protective [and Regulatory] Services; and |
|
(b) provide procedures for interstate children's |
|
adoption assistance payments, including medical payments. |
|
ARTICLE III. DEFINITIONS |
|
In this compact: |
|
(a) "Adoption assistance state" means the state that |
|
signs an adoption assistance agreement in a particular case. |
|
(b) "Residence state" means the state in which the |
|
child resides by virtue of the residence of the adoptive parents. |
|
(c) "State" means a state of the United States, the |
|
District of Columbia, the Commonwealth of Puerto Rico, the Virgin |
|
Islands, Guam, the Commonwealth of the Northern Mariana Islands, or |
|
a territory or possession of or a territory or possession |
|
administered by the United States. |
|
ARTICLE IV. COMPACTS AUTHORIZED |
|
The Department of Family and Protective [and Regulatory] |
|
Services, through its commissioner [executive director], is |
|
authorized to develop, participate in the development of, |
|
negotiate, and enter into one or more interstate compacts on behalf |
|
of this state with other states to implement one or more of the |
|
purposes of this compact. An interstate compact authorized by this |
|
article has the force and effect of law. |
|
ARTICLE V. CONTENTS OF COMPACTS |
|
A compact entered into under the authority conferred by this |
|
compact shall contain: |
|
(1) a provision making the compact available for |
|
joinder by all states; |
|
(2) a provision for withdrawal from the compact on |
|
written notice to the parties, with a period of one year between the |
|
date of the notice and the effective date of the withdrawal; |
|
(3) a requirement that protections under the compact |
|
continue for the duration of the adoption assistance and apply to |
|
all children and their adoptive parents who on the effective date of |
|
the withdrawal are receiving adoption assistance from a party state |
|
other than the one in which they reside and have their principal |
|
place of abode; |
|
(4) a requirement that each case of adoption |
|
assistance to which the compact applies be covered by a written |
|
adoption assistance agreement between the adoptive parents and the |
|
state child welfare agency of the state that provides the adoption |
|
assistance and that the agreement be expressly for the benefit of |
|
the adopted child and enforceable by the adoptive parents and the |
|
state agency providing the adoption assistance; and |
|
(5) other provisions that are appropriate for the |
|
proper administration of the compact. |
|
ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS |
|
A compact entered into under the authority conferred by this |
|
compact may contain the following provisions, in addition to those |
|
required under Article V of this compact: |
|
(1) provisions establishing procedures and |
|
entitlement to medical, developmental, child-care, or other social |
|
services for the child in accordance with applicable laws, even if |
|
the child and the adoptive parents are in a state other than the one |
|
responsible for or providing the services or the funds to defray |
|
part or all of the costs thereof; and |
|
(2) other provisions that are appropriate or |
|
incidental to the proper administration of the compact. |
|
ARTICLE VII. MEDICAL ASSISTANCE |
|
(a) A child with special needs who resides in this state and |
|
who is the subject of an adoption assistance agreement with another |
|
state is entitled to receive a medical assistance identification |
|
from this state on the filing in the state medical assistance agency |
|
of a certified copy of the adoption assistance agreement obtained |
|
from the adoption assistance state. In accordance with rules of the |
|
state medical assistance agency, the adoptive parents, at least |
|
annually, shall show that the agreement is still in effect or has |
|
been renewed. |
|
(b) The state medical assistance agency shall consider the |
|
holder of a medical assistance identification under this article as |
|
any other holder of a medical assistance identification under the |
|
laws of this state and shall process and make payment on claims on |
|
the holder's account in the same manner and under the same |
|
conditions and procedures as for other recipients of medical |
|
assistance. |
|
(c) The state medical assistance agency shall provide |
|
coverage and benefits for a child who is in another state and who is |
|
covered by an adoption assistance agreement made by the Department |
|
of Family and Protective [and Regulatory] Services for the coverage |
|
or benefits, if any, not provided by the residence state. The |
|
adoptive parents acting for the child may submit evidence of |
|
payment for services or benefit amounts not payable in the |
|
residence state and shall be reimbursed for those amounts. |
|
Services or benefit amounts covered under any insurance or other |
|
third-party medical contract or arrangement held by the child or |
|
the adoptive parents may not be reimbursed. The state medical |
|
assistance agency shall adopt rules implementing this subsection. |
|
The additional coverage and benefit amounts provided under this |
|
subsection are for services for which there is no federal |
|
contribution or services that, if federally aided, are not provided |
|
by the residence state. The rules shall include procedures for |
|
obtaining prior approval for services in cases in which prior |
|
approval is required for the assistance. |
|
(d) The submission of a false, misleading, or fraudulent |
|
claim for payment or reimbursement for services or benefits under |
|
this article or the making of a false, misleading, or fraudulent |
|
statement in connection with the claim is an offense under this |
|
subsection if the person submitting the claim or making the |
|
statement knows or should know that the claim or statement is false, |
|
misleading, or fraudulent. A person who commits an offense under |
|
this subsection may be liable for a fine not to exceed $10,000 or |
|
imprisonment for not more than two years, or both the fine and the |
|
imprisonment. An offense under this subsection that also |
|
constitutes an offense under other law may be punished under either |
|
this subsection or the other applicable law. |
|
(e) This article applies only to medical assistance for |
|
children under adoption assistance agreements with states that have |
|
entered into a compact with this state under which the other state |
|
provides medical assistance to children with special needs under |
|
adoption assistance agreements made by this state. All other |
|
children entitled to medical assistance under adoption assistance |
|
agreements entered into by this state are eligible to receive the |
|
medical assistance in accordance with the laws and procedures that |
|
apply to the agreement. |
|
ARTICLE VIII. FEDERAL PARTICIPATION |
|
Consistent with federal law, the Department of Family and |
|
Protective [and Regulatory] Services and the Health and Human |
|
Services Commission, in connection with the administration of this |
|
compact or a compact authorized by this compact, shall include the |
|
provision of adoption assistance and medical assistance for which |
|
the federal government pays some or all of the cost in any state |
|
plan made under the Adoption Assistance and Child Welfare Act of |
|
1980 (Pub. L. No. 96-272), Titles IV-E and XIX of the Social |
|
Security Act, and other applicable federal laws. The Department of |
|
Family and Protective [and Regulatory] Services and the Health and |
|
Human Services Commission shall apply for and administer all |
|
relevant federal aid in accordance with law. |
|
SECTION 1.105. Section 162.202, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.202. AUTHORITY OF DEPARTMENT OF FAMILY AND |
|
PROTECTIVE [AND REGULATORY] SERVICES. The Department of Family and |
|
Protective [and Regulatory] Services, with the concurrence of the |
|
Health and Human Services Commission, may develop, participate in |
|
the development of, negotiate, and enter into one or more |
|
interstate compacts on behalf of this state with other states to |
|
implement one or more of the purposes of this subchapter. An |
|
interstate compact authorized by this subchapter [article] has the |
|
force and effect of law. |
|
SECTION 1.106. Section 162.203, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.203. COMPACT ADMINISTRATION. The commissioner |
|
[executive director] of the Department of Family and Protective |
|
[and Regulatory] Services shall serve as the compact administrator. |
|
The administrator shall cooperate with all departments, agencies, |
|
and officers of this state and its subdivisions in facilitating the |
|
proper administration of the compact and any supplemental |
|
agreements entered into by this state. The commissioner of the |
|
Department of Family and Protective Services [executive director] |
|
and the executive commissioner of the Health and Human Services |
|
Commission [human services] shall designate deputy compact |
|
administrators to represent adoption assistance services and |
|
medical assistance services provided under Title XIX of the Social |
|
Security Act. |
|
SECTION 1.107. The heading to Subchapter D, Chapter 162, |
|
Family Code, is amended to read as follows: |
|
SUBCHAPTER D. ADOPTION SERVICES BY THE DEPARTMENT OF |
|
FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES |
|
SECTION 1.108. Sections 162.301(1) and (3), Family Code, |
|
are amended to read as follows: |
|
(1) "Adoption assistance agreement" means a written |
|
agreement, binding on the parties to the agreement, between the |
|
Department of Family and Protective Services [department] and the |
|
prospective adoptive parents that specifies the nature and amount |
|
of any payment, services, or assistance to be provided under the |
|
agreement and stipulates that the agreement will remain in effect |
|
without regard to the state in which the prospective adoptive |
|
parents reside at any particular time. |
|
(3) "Department" means the Department of Family and |
|
Protective [and Regulatory] Services. |
|
SECTION 1.109. Section 162.302(c), Family Code, is amended |
|
to read as follows: |
|
(c) The program shall be carried out by licensed |
|
child-placing agencies or county child-care or welfare units under |
|
department rules [adopted by the department]. |
|
SECTION 1.110. Sections 162.309(b) and (i), Family Code, |
|
are amended to read as follows: |
|
(b) The committee is composed of 12 members appointed by the |
|
commissioner [board] of the department [Department of Protective
|
|
and Regulatory Services]. The commissioner [board] shall appoint |
|
to the committee individuals who in the aggregate have knowledge of |
|
and experience in community education, cultural relations, family |
|
support, counseling, and parenting skills and education. At least |
|
six members must be ordained members of the clergy. |
|
(i) On receiving the committee's recommendations, the |
|
department may [adopt rules to] implement a program or project |
|
recommended under this section. The executive commissioner of the |
|
Health and Human Services Commission may adopt rules necessary for |
|
the implementation of a program or project by the department. The |
|
department may solicit, accept, and use gifts and donations to |
|
implement a program or project recommended by the committee. |
|
SECTION 1.111. Sections 162.402(7), (11), (12), and (14), |
|
Family Code, are amended to read as follows: |
|
(7) "Authorized agency" means a public agency |
|
authorized to care for or to place children for adoption or a |
|
private entity approved for that purpose by the department through |
|
a license, certification, or other means. The term includes a |
|
licensed child-placing agency or a previously licensed |
|
child-placing agency that has ceased operations and has transferred |
|
its adoption records to the vital statistics unit [bureau] or an |
|
agency authorized by the department to place children for adoption |
|
and a licensed child-placing agency that has been acquired by, |
|
merged with, or otherwise succeeded by an agency authorized by the |
|
department to place children for adoption. |
|
(11) "Central registry" means the mutual consent |
|
voluntary adoption registry established and maintained by the vital |
|
statistics unit [bureau] under this subchapter. |
|
(12) "Department" means the Department of Family and |
|
Protective [and Regulatory] Services. |
|
(14) "Vital statistics unit" ["Bureau"] means the |
|
[bureau of] vital statistics unit of the Department of State Health |
|
Services. |
|
SECTION 1.112. Sections 162.403(a) and (c), Family Code, |
|
are amended to read as follows: |
|
(a) The vital statistics unit [bureau] shall establish and |
|
maintain a mutual consent voluntary adoption registry. |
|
(c) An authorized agency that did not directly or by |
|
contract provide registry services as required by this subchapter |
|
on January 1, 1984, may not provide its own registry service. The |
|
vital statistics unit [bureau] shall operate through the central |
|
registry those services for agencies not permitted to provide a |
|
registry under this section. |
|
SECTION 1.113. Section 162.407(b), Family Code, is amended |
|
to read as follows: |
|
(b) An adoptee adopted or placed through an authorized |
|
agency may register through the registry maintained by that agency |
|
or the registry to which the agency has delegated registry services |
|
or through the central registry maintained by the vital statistics |
|
unit [bureau]. |
|
SECTION 1.114. Section 162.408, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.408. PROOF OF IDENTITY. The rules and minimum |
|
standards of the Department [Texas Board] of State Health Services |
|
for the vital statistics unit [bureau] must provide for proof of |
|
identity in order to facilitate the purposes of this subchapter and |
|
to protect the privacy rights of adoptees, adoptive parents, birth |
|
parents, biological siblings, and their families. |
|
SECTION 1.115. Section 162.411(d), Family Code, is amended |
|
to read as follows: |
|
(d) The fees collected by the vital statistics unit [bureau] |
|
shall be deposited in a special fund in the general revenue fund. |
|
Funds in the special fund may be appropriated only for the |
|
administration of the central registry. |
|
SECTION 1.116. Section 162.414(c), Family Code, is amended |
|
to read as follows: |
|
(c) To establish or corroborate a match, the administrator |
|
shall request confirmation of a possible match from the vital |
|
statistics unit [bureau]. If the agency operating the registry has |
|
in its own records sufficient information through which the match |
|
may be confirmed, the administrator may, but is not required to, |
|
request confirmation from the vital statistics unit [bureau]. The |
|
vital statistics unit [bureau] may confirm or deny the match |
|
without breaching the duty of confidentiality to the adoptee, |
|
adoptive parents, birth parents, or biological siblings and without |
|
a court order. |
|
SECTION 1.117. Section 162.420, Family Code, is amended to |
|
read as follows: |
|
Sec. 162.420. RULEMAKING. (a) The executive commissioner |
|
of the Health and Human Services Commission [Texas Board of Health] |
|
shall make rules and adopt minimum standards for the Department of |
|
State Health Services [bureau] to: |
|
(1) administer the provisions of this subchapter; and |
|
(2) ensure that each registry respects the right to |
|
privacy and confidentiality of an adoptee, birth parent, and |
|
biological sibling who does not desire to disclose the person's |
|
identity. |
|
(b) The Department of State Health Services [bureau] shall |
|
conduct a comprehensive review of all rules and standards adopted |
|
under this subchapter not less than every six years. |
|
(c) In order to provide the administrators an opportunity to |
|
review proposed rules and standards and send written suggestions to |
|
the executive commissioner of the Health and Human Services |
|
Commission [Texas Board of Health], the executive commissioner |
|
[board] shall, before adopting rules and minimum standards, send a |
|
copy of the proposed rules and standards not less than 60 days |
|
before the date they take effect to: |
|
(1) the administrator of each registry established |
|
under this subchapter; and |
|
(2) the administrator of each agency authorized by the |
|
department to place children for adoption. |
|
SECTION 1.118. Section 162.421(a), Family Code, is amended |
|
to read as follows: |
|
(a) This subchapter does not prevent the Department of State |
|
Health Services [bureau] from making known to the public, by |
|
appropriate means, the existence of voluntary adoption registries. |
|
SECTION 1.119. Sections 162.422(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) The Department of State Health Services [bureau] or |
|
authorized agency establishing or operating a registry is not |
|
liable to any person for obtaining or disclosing identifying |
|
information about a birth parent, adoptee, or biological sibling |
|
within the scope of this subchapter and under its provisions. |
|
(b) An employee or agent of the Department of State Health |
|
Services [bureau] or of an authorized agency establishing or |
|
operating a registry under this subchapter is not liable to any |
|
person for obtaining or disclosing identifying information about a |
|
birth parent, adoptee, or biological sibling within the scope of |
|
this subchapter and under its provisions. |
|
SECTION 1.120. Section 162.601(a), Family Code, is amended |
|
to read as follows: |
|
(a) Subject to the availability of funds, the Department of |
|
Family and Protective [and Regulatory] Services shall pay, in |
|
addition to any other amounts due, a monetary incentive to a |
|
licensed child-placing agency for the completion of an adoption: |
|
(1) of a child, as defined by Section 162.301, |
|
receiving or entitled to receive foster care at department expense; |
|
and |
|
(2) arranged with the assistance of the agency. |
|
SECTION 1.121. Section 261.001(7), Family Code, is amended |
|
to read as follows: |
|
(7) "Executive commissioner" ["Board"] means the |
|
executive commissioner of the Health and Human Services Commission |
|
[Board of Protective and Regulatory Services]. |
|
SECTION 1.122. Sections 261.002(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) The department shall establish and maintain [in Austin] |
|
a central registry of the names of individuals found by the |
|
department to have abused or neglected a [reported cases of] child |
|
[abuse or neglect]. |
|
(b) The executive commissioner [department] may adopt rules |
|
necessary to carry out this section. The rules shall provide for |
|
cooperation with local child service agencies, including |
|
hospitals, clinics, and schools, and cooperation with other states |
|
in exchanging reports to effect a national registration system. |
|
SECTION 1.123. Section 261.101(b-1), Family Code, is |
|
amended to read as follows: |
|
(b-1) In addition to the duty to make a report under |
|
Subsection (a) or (b), a person or professional shall make a report |
|
in the manner required by Subsection (a) or (b), as applicable, if |
|
the person or professional has cause to believe that an adult was a |
|
victim of abuse or neglect as a child and the person or professional |
|
determines in good faith that disclosure of the information is |
|
necessary to protect the health and safety of: |
|
(1) another child; or |
|
(2) an elderly person or [disabled] person with a |
|
disability as defined by Section 48.002, Human Resources Code. |
|
SECTION 1.124. Section 261.103(a), Family Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsections (b) and (c) and |
|
Section 261.405, a report shall be made to: |
|
(1) any local or state law enforcement agency; |
|
(2) the department; or |
|
(3) the state agency that operates, licenses, |
|
certifies, or registers the facility in which the alleged abuse or |
|
neglect occurred[; or
|
|
[(4)
the agency designated by the court to be
|
|
responsible for the protection of children]. |
|
SECTION 1.125. Sections 261.105(a), (b), and (c-1), Family |
|
Code, are amended to read as follows: |
|
(a) All reports received by a local or state law enforcement |
|
agency that allege abuse or neglect by a person responsible for a |
|
child's care, custody, or welfare shall be referred immediately to |
|
the department [or the designated agency]. |
|
(b) The department [or designated agency] shall immediately |
|
notify the appropriate state or local law enforcement agency of any |
|
report it receives, other than a report from a law enforcement |
|
agency, that concerns the suspected abuse or neglect of a child or |
|
death of a child from abuse or neglect. |
|
(c-1) Notwithstanding Subsections (b) and (c), if a report |
|
under this section relates to a child with an intellectual |
|
disability [mental retardation] receiving services in a state |
|
supported living center as defined by Section 531.002, Health and |
|
Safety Code, or the ICF-IID [ICF-MR] component of the Rio Grande |
|
State Center, the department shall proceed with the investigation |
|
of the report as provided by Section 261.404. |
|
SECTION 1.126. Section 261.1055, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.1055. NOTIFICATION OF DISTRICT ATTORNEYS. (a) A |
|
district attorney may inform the department [or designated agency] |
|
that the district attorney wishes to receive notification of some |
|
or all reports of suspected abuse or neglect of children who were in |
|
the county at the time the report was made or who were in the county |
|
at the time of the alleged abuse or neglect. |
|
(b) If the district attorney makes the notification under |
|
this section, the department [or designated agency] shall, on |
|
receipt of a report of suspected abuse or neglect, immediately |
|
notify the district attorney as requested and the department [or
|
|
designated agency] shall forward a copy of the reports to the |
|
district attorney on request. |
|
SECTION 1.127. Section 261.109(b), Family Code, is amended |
|
to read as follows: |
|
(b) An offense under Subsection (a) is a Class A |
|
misdemeanor, except that the offense is a state jail felony if it is |
|
shown on the trial of the offense that the child was a person with an |
|
intellectual disability who resided in a state supported living |
|
center, the ICF-IID [ICF-MR] component of the Rio Grande State |
|
Center, or a facility licensed under Chapter 252, Health and Safety |
|
Code, and the actor knew that the child had suffered serious bodily |
|
injury as a result of the abuse or neglect. |
|
SECTION 1.128. Section 261.111, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.111. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL |
|
TREATMENT OF CHILD. (a) In this section, "psychotropic medication |
|
[drug]" has the meaning assigned by Section 266.001 [means a
|
|
substance that is:
|
|
[(1)
used in the diagnosis, treatment, or prevention
|
|
of a disease or as a component of a medication; and
|
|
[(2)
intended to have an altering effect on
|
|
perception, emotion, or behavior]. |
|
(b) The refusal of a parent, guardian, or managing or |
|
possessory conservator of a child to administer or consent to the |
|
administration of a psychotropic medication [drug] to the child, or |
|
to consent to any other psychiatric or psychological treatment of |
|
the child, does not by itself constitute neglect of the child unless |
|
the refusal to consent: |
|
(1) presents a substantial risk of death, |
|
disfigurement, or bodily injury to the child; or |
|
(2) has resulted in an observable and material |
|
impairment to the growth, development, or functioning of the child. |
|
SECTION 1.129. Section 261.201(e), Family Code, is amended |
|
to read as follows: |
|
(e) Before placing a child who was the subject of an |
|
investigation, the department shall notify the prospective |
|
adoptive parents of their right to examine any report, record, |
|
working paper, or other information in the possession, custody, or |
|
control of the department [state] that pertains to the history of |
|
the child. |
|
SECTION 1.130. Sections 261.301(a), (d), and (e), Family |
|
Code, are amended to read as follows: |
|
(a) With assistance from the appropriate state or local law |
|
enforcement agency as provided by this section, the department [or
|
|
designated agency] shall make a prompt and thorough investigation |
|
of a report of child abuse or neglect allegedly committed by a |
|
person responsible for a child's care, custody, or welfare. The |
|
investigation shall be conducted without regard to any pending suit |
|
affecting the parent-child relationship. |
|
(d) The executive commissioner [department] shall by rule |
|
assign priorities and prescribe investigative procedures for |
|
investigations based on the severity and immediacy of the alleged |
|
harm to the child. The primary purpose of the investigation shall |
|
be the protection of the child. The rules must require the |
|
department, subject to the availability of funds, to: |
|
(1) immediately respond to a report of abuse and |
|
neglect that involves circumstances in which the death of the child |
|
or substantial bodily harm to the child would result unless the |
|
department immediately intervenes; |
|
(2) respond within 24 hours to a report of abuse and |
|
neglect that is assigned the highest priority, other than a report |
|
described by Subdivision (1); and |
|
(3) respond within 72 hours to a report of abuse and |
|
neglect that is assigned the second highest priority. |
|
(e) As necessary to provide for the protection of the child, |
|
the department [or designated agency] shall determine: |
|
(1) the nature, extent, and cause of the abuse or |
|
neglect; |
|
(2) the identity of the person responsible for the |
|
abuse or neglect; |
|
(3) the names and conditions of the other children in |
|
the home; |
|
(4) an evaluation of the parents or persons |
|
responsible for the care of the child; |
|
(5) the adequacy of the home environment; |
|
(6) the relationship of the child to the persons |
|
responsible for the care, custody, or welfare of the child; and |
|
(7) all other pertinent data. |
|
SECTION 1.131. The heading to Section 261.3015, Family |
|
Code, is amended to read as follows: |
|
Sec. 261.3015. ALTERNATIVE [FLEXIBLE] RESPONSE SYSTEM. |
|
SECTION 1.132. Sections 261.3015(a) and (d), Family Code, |
|
are amended to read as follows: |
|
(a) In assigning priorities and prescribing investigative |
|
procedures based on the severity and immediacy of the alleged harm |
|
to a child under Section 261.301(d), the department shall establish |
|
an alternative [a flexible] response system to allow the department |
|
to make the most effective use of resources to investigate and |
|
respond to reported cases of abuse and neglect. |
|
(d) In determining how to classify a reported case of abuse |
|
or neglect under the alternative [flexible] response system, the |
|
child's safety is the primary concern. The classification of a case |
|
may be changed as warranted by the circumstances. |
|
SECTION 1.133. Section 261.302(b), Family Code, is amended |
|
to read as follows: |
|
(b) The interview with and examination of the child may: |
|
(1) be conducted at any reasonable time and place, |
|
including the child's home or the child's school; |
|
(2) include the presence of persons the department [or
|
|
designated agency] determines are necessary; and |
|
(3) include transporting the child for purposes |
|
relating to the interview or investigation. |
|
SECTION 1.134. Sections 261.303(a), (c), and (d), Family |
|
Code, are amended to read as follows: |
|
(a) A person may not interfere with an investigation of a |
|
report of child abuse or neglect conducted by the department [or
|
|
designated agency]. |
|
(c) If a parent or person responsible for the child's care |
|
does not consent to release of the child's prior medical, |
|
psychological, or psychiatric records or to a medical, |
|
psychological, or psychiatric examination of the child that is |
|
requested by the department [or designated agency], the court |
|
having family law jurisdiction shall, for good cause shown, order |
|
the records to be released or the examination to be made at the |
|
times and places designated by the court. |
|
(d) A person, including a medical facility, that makes a |
|
report under Subchapter B shall release to the department [or
|
|
designated agency], as part of the required report under Section |
|
261.103, records that directly relate to the suspected abuse or |
|
neglect without requiring parental consent or a court order. If a |
|
child is transferred from a reporting medical facility to another |
|
medical facility to treat the injury or condition that formed the |
|
basis for the original report, the transferee medical facility |
|
shall, at the department's request, release to the department |
|
records relating to the injury or condition without requiring |
|
parental consent or a court order. |
|
SECTION 1.135. Section 261.3031(a), Family Code, is amended |
|
to read as follows: |
|
(a) If a parent or other person refuses to cooperate with |
|
the department's investigation of the alleged abuse or neglect of a |
|
child and the refusal poses a risk to the child's safety, the |
|
department shall seek assistance from the appropriate [county
|
|
attorney or district attorney or criminal district] attorney with |
|
responsibility for representing the department as provided by |
|
Section 264.009 to obtain a court order as described by Section |
|
261.303. |
|
SECTION 1.136. Sections 261.305(b) and (d), Family Code, |
|
are amended to read as follows: |
|
(b) If the parent or person does not consent to an |
|
examination or allow the department [or designated agency] to have |
|
access to medical or mental health records requested by the |
|
department [or agency], the court having family law jurisdiction, |
|
for good cause shown, shall order the examination to be made or that |
|
the department [or agency] be permitted to have access to the |
|
records under terms and conditions prescribed by the court. |
|
(d) A parent or person responsible for the child's care is |
|
entitled to notice and a hearing when the department [or designated
|
|
agency] seeks a court order to allow a medical, psychological, or |
|
psychiatric examination or access to medical or mental health |
|
records. |
|
SECTION 1.137. Section 261.306, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.306. REMOVAL OF CHILD FROM STATE. (a) If the |
|
department [or designated agency] has reason to believe that a |
|
person responsible for the care, custody, or welfare of the child |
|
may remove the child from the state before the investigation is |
|
completed, the department [or designated agency] may file an |
|
application for a temporary restraining order in a district court |
|
without regard to continuing jurisdiction of the child as provided |
|
in Chapter 155. |
|
(b) The court may render a temporary restraining order |
|
prohibiting the person from removing the child from the state |
|
pending completion of the investigation if the court: |
|
(1) finds that the department [or designated agency] |
|
has probable cause to conduct the investigation; and |
|
(2) has reason to believe that the person may remove |
|
the child from the state. |
|
SECTION 1.138. Sections 261.308(a), (b), and (c), Family |
|
Code, are amended to read as follows: |
|
(a) The department [or designated agency] shall make a |
|
complete written report of the investigation. |
|
(b) If sufficient grounds for filing a suit exist, the |
|
department [or designated agency] shall submit the report, together |
|
with recommendations, to the court, the district attorney, and the |
|
appropriate law enforcement agency. |
|
(c) On receipt of the report and recommendations, the court |
|
may direct the department [or designated agency] to file a petition |
|
requesting appropriate relief as provided in this title. |
|
SECTION 1.139. Section 261.309(a), Family Code, is amended |
|
to read as follows: |
|
(a) The executive commissioner [department] shall by rule |
|
establish policies and procedures to resolve complaints relating to |
|
and conduct reviews of child abuse or neglect investigations |
|
conducted by the department. |
|
SECTION 1.140. Section 261.310(a), Family Code, is amended |
|
to read as follows: |
|
(a) The executive commissioner [department] shall by rule |
|
develop and adopt standards for persons who investigate suspected |
|
child abuse or neglect at the state or local level. The standards |
|
shall encourage professionalism and consistency in the |
|
investigation of suspected child abuse or neglect. |
|
SECTION 1.141. Sections 261.311(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) When during an investigation of a report of suspected |
|
child abuse or neglect a representative of the department [or the
|
|
designated agency] conducts an interview with or an examination of |
|
a child, the department [or designated agency] shall make a |
|
reasonable effort before 24 hours after the time of the interview or |
|
examination to notify each parent of the child and the child's legal |
|
guardian, if one has been appointed, of the nature of the allegation |
|
and of the fact that the interview or examination was conducted. |
|
(b) If a report of suspected child abuse or neglect is |
|
administratively closed by the department [or designated agency] as |
|
a result of a preliminary investigation that did not include an |
|
interview or examination of the child, the department [or
|
|
designated agency] shall make a reasonable effort before the |
|
expiration of 24 hours after the time the investigation is closed to |
|
notify each parent and legal guardian of the child of the |
|
disposition of the investigation. |
|
SECTION 1.142. Section 261.312(b), Family Code, is amended |
|
to read as follows: |
|
(b) A review team consists of at least five members who |
|
serve staggered two-year terms. Review team members are appointed |
|
by the commissioner [director] of the department and consist of |
|
volunteers who live in and are broadly representative of the region |
|
in which the review team is established and have expertise in the |
|
prevention and treatment of child abuse and neglect. At least two |
|
members of a review team must be parents who have not been convicted |
|
of or indicted for an offense involving child abuse or neglect, have |
|
not been determined by the department to have engaged in child abuse |
|
or neglect, and are not under investigation by the department for |
|
child abuse or neglect. A member of a review team is a department |
|
volunteer for the purposes of Section 411.114, Government Code. |
|
SECTION 1.143. Section 261.315(c), Family Code, is amended |
|
to read as follows: |
|
(c) The executive commissioner [board] shall adopt rules |
|
necessary to administer this section. |
|
SECTION 1.144. Sections 261.401(c) and (d), Family Code, |
|
are amended to read as follows: |
|
(c) A state agency shall adopt rules relating to the |
|
investigation and resolution of reports received as provided by |
|
this subchapter. The executive commissioner [Health and Human
|
|
Services Commission] shall review and approve the rules of agencies |
|
other than the Texas Department of Criminal Justice or the[,] Texas |
|
Juvenile Justice Department [Youth Commission, or Texas Juvenile
|
|
Probation Commission] to ensure that those agencies implement |
|
appropriate standards for the conduct of investigations and that |
|
uniformity exists among agencies in the investigation and |
|
resolution of reports. |
|
(d) The Texas School for the Blind and Visually Impaired and |
|
the Texas School for the Deaf shall adopt policies relating to the |
|
investigation and resolution of reports received as provided by |
|
this subchapter. The executive commissioner [Health and Human
|
|
Services Commission] shall review and approve the policies to |
|
ensure that the Texas School for the Blind and Visually Impaired and |
|
the Texas School for the Deaf adopt those policies in a manner |
|
consistent with the minimum standards adopted by the executive |
|
commissioner [Health and Human Services Commission] under Section |
|
261.407. |
|
SECTION 1.145. Section 261.402(c), Family Code, is amended |
|
to read as follows: |
|
(c) A state agency that licenses, certifies, or registers a |
|
facility in which children are located shall compile, maintain, and |
|
make available statistics on the incidence in the facility of child |
|
abuse, neglect, and exploitation that is investigated by the agency |
|
[in the facility]. |
|
SECTION 1.146. Section 261.403, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.403. COMPLAINTS. (a) If a state agency receives a |
|
complaint relating to an investigation conducted by the agency |
|
concerning a facility operated by that agency in which children are |
|
located, the agency shall refer the complaint to the agency's |
|
governing body [board]. |
|
(b) The governing body [board] of a state agency that |
|
operates a facility in which children are located shall ensure that |
|
the procedure for investigating abuse, neglect, and exploitation |
|
allegations and inquiries in the agency's facility is periodically |
|
reviewed under the agency's internal audit program required by |
|
Chapter 2102, Government Code. |
|
SECTION 1.147. Section 261.404, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.404. INVESTIGATIONS REGARDING CERTAIN CHILDREN |
|
WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY [MENTAL
|
|
RETARDATION]. (a) The department shall investigate a report of |
|
abuse, neglect, or exploitation of a child receiving services: |
|
(1) in a facility operated by the Department of Aging |
|
and Disability Services or a mental health facility operated by the |
|
Department of State Health Services; |
|
(2) in or from a community center, a local mental |
|
health authority, or a local intellectual and developmental |
|
disability [mental retardation] authority; |
|
(3) through a program providing services to that child |
|
by contract with a facility operated by the Department of Aging and |
|
Disability Services, a mental health facility operated by the |
|
Department of State Health Services, a community center, a local |
|
mental health authority, or a local intellectual and developmental |
|
disability [mental retardation] authority; |
|
(4) from a provider of home and community-based |
|
services who contracts with the Department of Aging and Disability |
|
Services; or |
|
(5) in a facility licensed under Chapter 252, Health |
|
and Safety Code. |
|
(b) The department shall investigate the report under rules |
|
developed by the executive commissioner [of the Health and Human
|
|
Services Commission] with the advice and assistance of the |
|
department, the Department of Aging and Disability Services, and |
|
the Department of State Health Services. |
|
(c) If a report under this section relates to a child with an |
|
intellectual disability [mental retardation] receiving services in |
|
a state supported living center or the ICF-IID [ICF-MR] component |
|
of the Rio Grande State Center, the department shall, within one |
|
hour of receiving the report, notify the facility in which the child |
|
is receiving services of the allegations in the report. |
|
(d) If during the course of the department's investigation |
|
of reported abuse, neglect, or exploitation a caseworker of the |
|
department or the caseworker's supervisor has cause to believe that |
|
a child with an intellectual disability [mental retardation] |
|
described by Subsection (c) has been abused, neglected, or |
|
exploited by another person in a manner that constitutes a criminal |
|
offense under any law, including Section 22.04, Penal Code, the |
|
caseworker shall immediately notify the Health and Human Services |
|
Commission's office of inspector general and promptly provide the |
|
commission's office of inspector general with a copy of the |
|
department's investigation report. |
|
(e) The definitions of "abuse" and "neglect" prescribed by |
|
Section 261.001 do not apply to an investigation under this |
|
section. |
|
(f) In this section: |
|
(1) "Community center," "local mental health |
|
authority," "local intellectual and developmental disability |
|
[mental retardation] authority," and "state supported living |
|
center" have the meanings assigned by Section 531.002, Health and |
|
Safety Code. |
|
(2) "Provider" has the meaning assigned by Section |
|
48.351, Human Resources Code. |
|
SECTION 1.148. Section 261.405(a)(1), Family Code, is |
|
amended to read as follows: |
|
(1) "Juvenile justice facility" means a facility |
|
operated wholly or partly by the juvenile board, by another |
|
governmental unit, or by a private vendor under a contract with the |
|
juvenile board, county, or other governmental unit that serves |
|
juveniles under juvenile court jurisdiction. The term includes: |
|
(A) a public or private juvenile |
|
pre-adjudication secure detention facility, including a holdover |
|
facility; |
|
(B) a public or private juvenile |
|
post-adjudication secure correctional facility except for a |
|
facility operated solely for children committed to the Texas |
|
Juvenile Justice Department [Youth Commission]; and |
|
(C) a public or private non-secure juvenile |
|
post-adjudication residential treatment facility that is not |
|
licensed by the Department of Family and Protective [and
|
|
Regulatory] Services or the Department of State Health Services |
|
[Texas Commission on Alcohol and Drug Abuse]. |
|
SECTION 1.149. Section 261.406(d), Family Code, is amended |
|
to read as follows: |
|
(d) The executive commissioner [Board of Protective and
|
|
Regulatory Services] shall adopt rules necessary to implement this |
|
section. |
|
SECTION 1.150. Section 261.407, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.407. MINIMUM STANDARDS. (a) The executive |
|
commissioner [Health and Human Services Commission] by rule shall |
|
adopt minimum standards for the investigation under Section 261.401 |
|
of suspected child abuse, neglect, or exploitation in a facility. |
|
(b) A rule or policy adopted by a state agency or |
|
institution under Section 261.401 must be consistent with the |
|
minimum standards adopted by the executive commissioner [Health and
|
|
Human Services Commission]. |
|
(c) This section does not apply to a facility under the |
|
jurisdiction of the Texas Department of Criminal Justice or the[,] |
|
Texas Juvenile Justice Department [Youth Commission, or Texas
|
|
Juvenile Probation Commission]. |
|
SECTION 1.151. Sections 261.408(a) and (c), Family Code, |
|
are amended to read as follows: |
|
(a) The executive commissioner [Health and Human Services
|
|
Commission] by rule shall adopt uniform procedures for collecting |
|
information under Section 261.401, including procedures for |
|
collecting information on deaths that occur in facilities. |
|
(c) This section does not apply to a facility under the |
|
jurisdiction of the Texas Department of Criminal Justice or the[,] |
|
Texas Juvenile Justice Department [Youth Commission, or Texas
|
|
Juvenile Probation Commission]. |
|
SECTION 1.152. Section 262.006(a), Family Code, is amended |
|
to read as follows: |
|
(a) An authorized representative of the Department of |
|
Family and Protective [and Regulatory] Services may assume the |
|
care, control, and custody of a child born alive as the result of an |
|
abortion as defined by Chapter 161. |
|
SECTION 1.153. Section 262.007(c), Family Code, is amended |
|
to read as follows: |
|
(c) If a person entitled to possession of the child is not |
|
immediately available to take possession of the child, the law |
|
enforcement officer shall deliver the child to the Department of |
|
Family and Protective [and Regulatory] Services. Until a person |
|
entitled to possession of the child takes possession of the child, |
|
the department may, without a court order, retain possession of the |
|
child not longer than five days after the date the child is |
|
delivered to the department. While the department retains |
|
possession of a child under this subsection, the department may |
|
place the child in foster [home] care. If a parent or other person |
|
entitled to possession of the child does not take possession of the |
|
child before the sixth day after the date the child is delivered to |
|
the department, the department shall proceed under this chapter as |
|
if the law enforcement officer took possession of the child under |
|
Section 262.104. |
|
SECTION 1.154. Section 262.008(a), Family Code, is amended |
|
to read as follows: |
|
(a) An authorized representative of the Department of |
|
Family and Protective [and Regulatory] Services may assume the |
|
care, control, and custody of a child: |
|
(1) who is abandoned without identification or a means |
|
for identifying the child; and |
|
(2) whose identity cannot be ascertained by the |
|
exercise of reasonable diligence. |
|
SECTION 1.155. Section 262.1015(a), Family Code, is amended |
|
to read as follows: |
|
(a) If the Department of Family and Protective Services |
|
[department] determines after an investigation that child abuse has |
|
occurred and that the child would be protected in the child's home |
|
by the removal of the alleged perpetrator of the abuse, the |
|
department shall file a petition for the removal of the alleged |
|
perpetrator from the residence of the child rather than attempt to |
|
remove the child from the residence. |
|
SECTION 1.156. Sections 262.102(a), (c), and (d), Family |
|
Code, are amended to read as follows: |
|
(a) Before a court may, without prior notice and a hearing, |
|
issue an appropriate [a] temporary [restraining] order under |
|
Chapter 105 [or attachment of a child] in a suit brought by a |
|
governmental entity, the court must find that: |
|
(1) there is an immediate danger to the physical |
|
health or safety of the child or the child has been a victim of |
|
neglect or sexual abuse and that continuation in the home would be |
|
contrary to the child's welfare; |
|
(2) there is no time, consistent with the physical |
|
health or safety of the child and the nature of the emergency, for a |
|
full adversary hearing under Subchapter C; 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. |
|
(c) If, based on the recommendation of or a request by the |
|
Department of Family and Protective Services [department], the |
|
court finds that child abuse or neglect has occurred and that the |
|
child requires protection from family violence by a member of the |
|
child's family or household, the court shall render a temporary |
|
order under Title 4 [Chapter 71] for the protection of the child. |
|
In this subsection, "family violence" has the meaning assigned by |
|
Section 71.004. |
|
(d) The temporary [restraining] order [or attachment of a
|
|
child] rendered by the court must contain the following statement |
|
prominently displayed in boldface type, capital letters, or |
|
underlined: |
|
"YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU |
|
ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO |
|
REQUEST THE APPOINTMENT OF AN ATTORNEY BY CONTACTING THE COURT AT |
|
[ADDRESS], [TELEPHONE NUMBER]. IF YOU APPEAR IN OPPOSITION TO THE |
|
SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY, |
|
THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE |
|
COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE |
|
COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF |
|
AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TO REPRESENT YOU." |
|
SECTION 1.157. Section 262.103, Family Code, is amended to |
|
read as follows: |
|
Sec. 262.103. DURATION OF TEMPORARY [RESTRAINING] ORDER |
|
[AND ATTACHMENT]. A temporary [restraining] order [or attachment
|
|
of the child] issued under this chapter expires not later than 14 |
|
days after the date it is issued unless it is extended as provided |
|
by the Texas Rules of Civil Procedure or Section 262.201(a-3). |
|
SECTION 1.158. 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; |
|
(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 |
|
(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. |
|
SECTION 1.159. Section 262.105(b), Family Code, is amended |
|
to read as follows: |
|
(b) If the Department of Family and Protective [and
|
|
Regulatory] Services files a suit affecting the parent-child |
|
relationship required under Subsection (a)(1) seeking termination |
|
of the parent-child relationship, the department shall file the |
|
suit not later than the 45th day after the date the department |
|
assumes the care, control, and custody of a child under Section |
|
262.303. |
|
SECTION 1.160. Section 262.106(d), Family Code, is amended |
|
to read as follows: |
|
(d) For the purpose of determining under Subsection (a) the |
|
first working day after the date the child is taken into possession, |
|
the child is considered to have been taken into possession by the |
|
Department of Family and Protective [and Regulatory] Services on |
|
the expiration of the five-day period permitted under Section |
|
262.007(c) or 262.110(b), as appropriate. |
|
SECTION 1.161. Section 262.109(a), Family Code, is amended |
|
to read as follows: |
|
(a) The Department of Family and Protective Services |
|
[department] or other agency must give written notice as prescribed |
|
by this section to each parent of the child or to the child's |
|
conservator or legal guardian when a representative of the |
|
department [Department of Protective and Regulatory Services] or |
|
other agency takes possession of a child under this chapter. |
|
SECTION 1.162. Section 262.110(a), Family Code, is amended |
|
to read as follows: |
|
(a) An authorized representative of the Department of |
|
Family and Protective [and Regulatory] Services, a law enforcement |
|
officer, or a juvenile probation officer may take temporary |
|
possession of a child without a court order on discovery of a child |
|
in a situation of danger to the child's physical health or safety |
|
when the sole purpose is to deliver the child without unnecessary |
|
delay to the parent, managing conservator, possessory conservator, |
|
guardian, caretaker, or custodian who is presently entitled to |
|
possession of the child. |
|
SECTION 1.163. Section 262.112(a), Family Code, is amended |
|
to read as follows: |
|
(a) The Department of Family and Protective [and
|
|
Regulatory] Services is entitled to an expedited hearing under this |
|
chapter in any proceeding in which a hearing is required if the |
|
department determines that a child should be removed from the |
|
child's home because of an immediate danger to the physical health |
|
or safety of the child. |
|
SECTION 1.164. Sections 262.201(a-3) and (g), Family Code, |
|
are amended to read as follows: |
|
(a-3) The court may, for good cause shown, postpone the full |
|
adversary hearing for not more than seven days from the date of the |
|
attorney's appointment to provide the attorney time to respond to |
|
the petition and prepare for the hearing. The court may shorten or |
|
lengthen the extension granted under this subsection if the parent |
|
and the appointed attorney agree in writing. If the court postpones |
|
the full adversary hearing, the court shall extend a temporary |
|
[restraining] order issued by the court for the protection of the |
|
child until the date of the rescheduled full adversary hearing. |
|
(g) For the purpose of determining under Subsection (a) the |
|
14th day after the date the child is taken into possession, a child |
|
is considered to have been taken into possession by the Department |
|
of Family and Protective Services [department] on the expiration of |
|
the five-day period permitted under Section 262.007(c) or |
|
262.110(b), as appropriate. |
|
SECTION 1.165. Sections 262.2015(a), (b), and (d), Family |
|
Code, are amended to read as follows: |
|
(a) The court may waive the requirement of a service plan |
|
and the requirement to make reasonable efforts to return the child |
|
to a parent and may accelerate the trial schedule to result in a |
|
final order for a child under the care of the Department of Family |
|
and Protective Services [department] at an earlier date than |
|
provided by Subchapter D, Chapter 263, if the court finds that the |
|
parent has subjected the child to aggravated circumstances. |
|
(b) The court may find under Subsection (a) that a parent |
|
has subjected the child to aggravated circumstances if: |
|
(1) the parent abandoned the child without |
|
identification or a means for identifying the child; |
|
(2) the child is a victim of serious bodily injury or |
|
sexual abuse inflicted by the parent or by another person with the |
|
parent's consent; |
|
(3) the parent has engaged in conduct against the |
|
child that would constitute an offense under the following |
|
provisions of the Penal Code: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 19.04 (manslaughter); |
|
(D) Section 21.11 (indecency with a child); |
|
(E) Section 22.011 (sexual assault); |
|
(F) Section 22.02 (aggravated assault); |
|
(G) Section 22.021 (aggravated sexual assault); |
|
(H) Section 22.04 (injury to a child, elderly |
|
individual, or disabled individual); |
|
(I) Section 22.041 (abandoning or endangering |
|
child); |
|
(J) Section 25.02 (prohibited sexual conduct); |
|
(K) Section 43.25 (sexual performance by a |
|
child); |
|
(L) Section 43.26 (possession or promotion of |
|
child pornography); |
|
(M) Section 21.02 (continuous sexual abuse of |
|
young child or children); |
|
(N) Section 43.05(a)(2) (compelling |
|
prostitution); or |
|
(O) Section 20A.02(a)(7) or (8) (trafficking of |
|
persons); |
|
(4) the parent voluntarily left the child alone or in |
|
the possession of another person not the parent of the child for at |
|
least six months without expressing an intent to return and without |
|
providing adequate support for the child; |
|
(5) the parent's parental rights with regard to |
|
another child have been involuntarily terminated based on a finding |
|
that the parent's conduct violated Section 161.001(b)(1)(D) |
|
[161.001(1)(D)] or (E) or a substantially equivalent provision of |
|
another state's law; |
|
(6) the parent has been convicted for: |
|
(A) the murder of another child of the parent and |
|
the offense would have been an offense under 18 U.S.C. Section |
|
1111(a) if the offense had occurred in the special maritime or |
|
territorial jurisdiction of the United States; |
|
(B) the voluntary manslaughter of another child |
|
of the parent and the offense would have been an offense under 18 |
|
U.S.C. Section 1112(a) if the offense had occurred in the special |
|
maritime or territorial jurisdiction of the United States; |
|
(C) aiding or abetting, attempting, conspiring, |
|
or soliciting an offense under Paragraph [Subdivision] (A) or (B); |
|
or |
|
(D) the felony assault of the child or another |
|
child of the parent that resulted in serious bodily injury to the |
|
child or another child of the parent; or |
|
(7) the parent's parental rights with regard to two |
|
other children have been involuntarily terminated. |
|
(d) The Department of Family and Protective [and
|
|
Regulatory] Services shall make reasonable efforts to finalize the |
|
permanent placement of a child for whom the court has made the |
|
finding described by Subsection (c). The court shall set the suit |
|
for trial on the merits as required by Subchapter D, Chapter 263, in |
|
order to facilitate final placement of the child. |
|
SECTION 1.166. Section 262.301(1), Family Code, is amended |
|
to read as follows: |
|
(1) "Designated emergency infant care provider" |
|
means: |
|
(A) an emergency medical services provider; |
|
(B) a hospital; or |
|
(C) a child-placing agency licensed by the |
|
Department of Family and Protective [and Regulatory] Services under |
|
Chapter 42, Human Resources Code, that: |
|
(i) agrees to act as a designated emergency |
|
infant care provider under this subchapter; and |
|
(ii) has on staff a person who is licensed |
|
as a registered nurse under Chapter 301, Occupations Code, or who |
|
provides emergency medical services under Chapter 773, Health and |
|
Safety Code, and who will examine and provide emergency medical |
|
services to a child taken into possession by the agency under this |
|
subchapter. |
|
SECTION 1.167. Section 262.303(a), Family Code, is amended |
|
to read as follows: |
|
(a) Not later than the close of the first business day after |
|
the date on which a designated emergency infant care provider takes |
|
possession of a child under Section 262.302, the provider shall |
|
notify the Department of Family and Protective [and Regulatory] |
|
Services that the provider has taken possession of the child. |
|
SECTION 1.168. Section 262.304, Family Code, is amended to |
|
read as follows: |
|
Sec. 262.304. FILING PETITION AFTER ACCEPTING POSSESSION OF |
|
ABANDONED CHILD. A child for whom the Department of Family and |
|
Protective [and Regulatory] Services assumes care, control, and |
|
custody under Section 262.303 shall be treated as a child taken into |
|
possession without a court order, and the department shall take |
|
action as required by Section 262.105 with regard to the child. |
|
SECTION 1.169. Section 262.305(a), Family Code, is amended |
|
to read as follows: |
|
(a) Immediately after assuming care, control, and custody |
|
of a child under Section 262.303, the Department of Family and |
|
Protective [and Regulatory] Services shall report the child to |
|
appropriate state and local law enforcement agencies as a potential |
|
missing child. |
|
SECTION 1.170. Section 262.307, Family Code, is amended to |
|
read as follows: |
|
Sec. 262.307. REIMBURSEMENT FOR CARE OF ABANDONED CHILD. |
|
The Department of Family and Protective Services [department] shall |
|
reimburse a designated emergency infant care provider that takes |
|
possession of a child under Section 262.302 for the cost to the |
|
provider of assuming the care, control, and custody of the child. |
|
SECTION 1.171. Section 263.001(a)(4), Family Code, is |
|
amended to read as follows: |
|
(4) "Substitute care" means the placement of a child |
|
who is in the conservatorship of the department [or an authorized
|
|
agency] in care outside the child's home. The term includes foster |
|
care, institutional care, adoption, placement with a relative of |
|
the child, or commitment to the Texas Juvenile Justice Department |
|
[Youth Commission]. |
|
SECTION 1.172. Section 263.002, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit |
|
affecting the parent-child relationship in which the department [or
|
|
an authorized agency] has been appointed by the court or designated |
|
in an affidavit of relinquishment of parental rights as the |
|
temporary or permanent managing conservator of a child, the court |
|
shall hold a hearing to review: |
|
(1) the conservatorship appointment and substitute |
|
care; and |
|
(2) for a child committed to the Texas Juvenile |
|
Justice Department [Youth Commission], the child's commitment in |
|
the Texas Juvenile Justice Department [Youth Commission] or release |
|
under supervision by the Texas Juvenile Justice Department [Youth
|
|
Commission]. |
|
SECTION 1.173. Section 263.008(a)(2), Family Code, is |
|
amended to read as follows: |
|
(2) "Foster care" means the placement of a child who is |
|
in the conservatorship of the department [or an authorized agency] |
|
and in care outside the child's home in an agency foster group home, |
|
agency foster home, foster group home, foster home, or another |
|
facility licensed or certified under Chapter 42, Human Resources |
|
Code, in which care is provided for 24 hours a day. |
|
SECTION 1.174. Section 263.101, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Not later |
|
than the 45th day after the date the court renders a temporary order |
|
appointing the department as temporary managing conservator of a |
|
child under Chapter 262, the department [or other agency appointed
|
|
as the managing conservator of a child] shall file a service plan. |
|
SECTION 1.175. Section 263.102(a), Family Code, is amended |
|
to read as follows: |
|
(a) The service plan must: |
|
(1) be specific; |
|
(2) be in writing in a language that the parents |
|
understand, or made otherwise available; |
|
(3) be prepared by the department [or other agency] in |
|
conference with the child's parents; |
|
(4) state appropriate deadlines; |
|
(5) state whether the goal of the plan is: |
|
(A) return of the child to the child's parents; |
|
(B) termination of parental rights and placement |
|
of the child for adoption; or |
|
(C) because of the child's special needs or |
|
exceptional circumstances, continuation of the child's care out of |
|
the child's home; |
|
(6) state steps that are necessary to: |
|
(A) return the child to the child's home if the |
|
placement is in foster care; |
|
(B) enable the child to remain in the child's |
|
home with the assistance of a service plan if the placement is in |
|
the home under the department's [or other agency's] supervision; or |
|
(C) otherwise provide a permanent safe placement |
|
for the child; |
|
(7) state the actions and responsibilities that are |
|
necessary for the child's parents to take to achieve the plan goal |
|
during the period of the service plan and the assistance to be |
|
provided to the parents by the department or other [authorized] |
|
agency toward meeting that goal; |
|
(8) state any specific skills or knowledge that the |
|
child's parents must acquire or learn, as well as any behavioral |
|
changes the parents must exhibit, to achieve the plan goal; |
|
(9) state the actions and responsibilities that are |
|
necessary for the child's parents to take to ensure that the child |
|
attends school and maintains or improves the child's academic |
|
compliance; |
|
(10) state the name of the person with the department |
|
[or other agency] whom the child's parents may contact for |
|
information relating to the child if other than the person |
|
preparing the plan; and |
|
(11) prescribe any other term or condition that the |
|
department [or other agency] determines to be necessary to the |
|
service plan's success. |
|
SECTION 1.176. Sections 263.103(a), (a-1), (c), and (d), |
|
Family Code, are amended to read as follows: |
|
(a) The original service plan shall be developed jointly by |
|
the child's parents and a representative of the department [or
|
|
other authorized agency], including informing the parents of their |
|
rights in connection with the service plan process. If a parent is |
|
not able or willing to participate in the development of the service |
|
plan, it should be so noted in the plan. |
|
(a-1) Before the original service plan is signed, the |
|
child's parents and the representative of the department [or other
|
|
authorized agency] shall discuss each term and condition of the |
|
plan. |
|
(c) If the department [or other authorized agency] |
|
determines that the child's parents are unable or unwilling to |
|
participate in the development of the original service plan or sign |
|
the plan, the department may file the plan without the parents' |
|
signatures. |
|
(d) The original service plan takes effect when: |
|
(1) the child's parents and the appropriate |
|
representative of the department [or other authorized agency] sign |
|
the plan; or |
|
(2) the court issues an order giving effect to the plan |
|
without the parents' signatures. |
|
SECTION 1.177. Section 263.104(b), Family Code, is amended |
|
to read as follows: |
|
(b) The amended service plan supersedes the previously |
|
filed service plan and takes effect when: |
|
(1) the child's parents and the appropriate |
|
representative of the department [or other authorized agency] sign |
|
the plan; or |
|
(2) the department [or other authorized agency] |
|
determines that the child's parents are unable or unwilling to sign |
|
the amended plan and files it without the parents' signatures. |
|
SECTION 1.178. Sections 263.202(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) If all persons entitled to citation and notice of a |
|
status hearing under this chapter were not served, the court shall |
|
make findings as to whether: |
|
(1) the department [or other agency] has exercised due |
|
diligence to locate all necessary persons, including an alleged |
|
father of the child, regardless of whether the alleged father is |
|
registered with the registry of paternity under Section 160.402; |
|
and |
|
(2) the child and each parent, alleged father, or |
|
relative of the child before the court have furnished to the |
|
department all available information necessary to locate an absent |
|
parent, alleged father, or relative of the child through exercise |
|
of due diligence. |
|
(b) Except as otherwise provided by this subchapter, a |
|
status hearing shall be limited to matters related to the contents |
|
and execution of the service plan filed with the court. The court |
|
shall review the service plan that the department [or other agency] |
|
filed under this chapter for reasonableness, accuracy, and |
|
compliance with requirements of court orders and make findings as |
|
to whether: |
|
(1) a plan that has the goal of returning the child to |
|
the child's parents adequately ensures that reasonable efforts are |
|
made to enable the child's parents to provide a safe environment for |
|
the child; |
|
(2) the child's parents have reviewed and understand |
|
the plan and have been advised that unless the parents are willing |
|
and able to provide the child with a safe environment, even with the |
|
assistance of a service plan, within the reasonable period of time |
|
specified in the plan, the parents' parental and custodial duties |
|
and rights may be subject to restriction or to termination under |
|
this code or the child may not be returned to the parents; |
|
(3) the plan is reasonably tailored to address any |
|
specific issues identified by the department [or other agency]; and |
|
(4) the child's parents and the representative of the |
|
department [or other agency] have signed the plan. |
|
SECTION 1.179. Section 263.301(c), Family Code, is amended |
|
to read as follows: |
|
(c) If a person entitled to notice under Chapter 102 or this |
|
section has not been served, the court shall review the |
|
department's [or other agency's] efforts at attempting to locate |
|
all necessary persons and requesting service of citation and the |
|
assistance of a parent in providing information necessary to locate |
|
an absent parent. |
|
SECTION 1.180. Section 263.303, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.303. PERMANENCY PROGRESS REPORT. (a) Not later |
|
than the 10th day before the date set for each permanency hearing |
|
other than the first permanency hearing, the department [or other
|
|
authorized agency] shall file with the court and provide to each |
|
party, the child's attorney ad litem, the child's guardian ad litem, |
|
and the child's volunteer advocate a permanency progress report |
|
unless the court orders a different period for providing the |
|
report. |
|
(b) The permanency progress report must: |
|
(1) recommend that the suit be dismissed; or |
|
(2) recommend that the suit continue, and: |
|
(A) identify the date for dismissal of the suit |
|
under this chapter; |
|
(B) provide: |
|
(i) the name of any person entitled to |
|
notice under Chapter 102 who has not been served; |
|
(ii) a description of the efforts by the |
|
department [or another agency] to locate and request service of |
|
citation; and |
|
(iii) a description of each parent's |
|
assistance in providing information necessary to locate an unserved |
|
party; |
|
(C) evaluate the parties' compliance with |
|
temporary orders and with the service plan; |
|
(D) evaluate whether the child's placement in |
|
substitute care meets the child's needs and recommend other plans |
|
or services to meet the child's special needs or circumstances; |
|
(E) describe the permanency plan for the child |
|
and recommend actions necessary to ensure that a final order |
|
consistent with that permanency plan, including the concurrent |
|
permanency goals contained in that plan, is rendered before the |
|
date for dismissal of the suit under this chapter; |
|
(F) with respect to a child 16 years of age or |
|
older, identify the services needed to assist the child in the |
|
transition to adult life; and |
|
(G) with respect to a child committed to the |
|
Texas Juvenile Justice Department [Youth Commission] or released |
|
under supervision by the Texas Juvenile Justice Department [Youth
|
|
Commission]: |
|
(i) evaluate whether the child's needs for |
|
treatment and education are being met; |
|
(ii) describe, using information provided |
|
by the Texas Juvenile Justice Department [Youth Commission], the |
|
child's progress in any rehabilitation program administered by the |
|
Texas Juvenile Justice Department [Youth Commission]; and |
|
(iii) recommend other plans or services to |
|
meet the child's needs. |
|
(c) A parent whose parental rights are the subject of a suit |
|
affecting the parent-child relationship, the attorney for that |
|
parent, or the child's attorney ad litem or guardian ad litem may |
|
file a response to the department's [or other agency's] report filed |
|
under Subsection (b). A response must be filed not later than the |
|
third day before the date of the hearing. |
|
SECTION 1.181. Section 263.306(a), Family Code, as amended |
|
by Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619), |
|
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted |
|
and amended to read as follows: |
|
(a) At each permanency hearing the court shall: |
|
(1) identify all persons or parties present at the |
|
hearing or those given notice but failing to appear; |
|
(2) review the efforts of the department [or another
|
|
agency] in: |
|
(A) attempting to locate all necessary persons; |
|
(B) requesting service of citation; and |
|
(C) obtaining the assistance of a parent in |
|
providing information necessary to locate an absent parent, alleged |
|
father, or relative of the child; |
|
(3) review the efforts of each custodial parent, |
|
alleged father, or relative of the child before the court in |
|
providing information necessary to locate another absent parent, |
|
alleged father, or relative of the child; |
|
(4) review any visitation plan or amended plan |
|
required under Section 263.107 and render any orders for visitation |
|
the court determines necessary; |
|
(5) return the child to the parent or parents if the |
|
child's parent or parents are willing and able to provide the child |
|
with a safe environment and the return of the child is in the |
|
child's best interest; |
|
(6) place the child with a person or entity, other than |
|
a parent, entitled to service under Chapter 102 if the person or |
|
entity is willing and able to provide the child with a safe |
|
environment and the placement of the child is in the child's best |
|
interest; |
|
(7) evaluate the department's efforts to identify |
|
relatives who could provide the child with a safe environment, if |
|
the child is not returned to a parent or another person or entity |
|
entitled to service under Chapter 102; |
|
(8) evaluate the parties' compliance with temporary |
|
orders and the service plan; |
|
(9) identify an education decision-maker for the child |
|
if one has not previously been identified; |
|
(10) review the medical care provided to the child as |
|
required by Section 266.007; |
|
(11) [(9)] ensure the child has been provided the |
|
opportunity, in a developmentally appropriate manner, to express |
|
the child's opinion on the medical care provided; |
|
(12) [(10)] for a child receiving psychotropic |
|
medication, determine whether the child: |
|
(A) has been provided appropriate psychosocial |
|
therapies, behavior strategies, and other non-pharmacological |
|
interventions; and |
|
(B) has been seen by the prescribing physician, |
|
physician assistant, or advanced practice nurse at least once every |
|
90 days for purposes of the review required by Section 266.011; |
|
(13) [(11)] determine whether: |
|
(A) the child continues to need substitute care; |
|
(B) the child's current placement is appropriate |
|
for meeting the child's needs, including with respect to a child who |
|
has been placed outside of the state, whether that placement |
|
continues to be in the best interest of the child; and |
|
(C) other plans or services are needed to meet |
|
the child's special needs or circumstances; |
|
(14) [(12)] if the child is placed in institutional |
|
care, determine whether efforts have been made to ensure placement |
|
of the child in the least restrictive environment consistent with |
|
the best interest and special needs of the child; |
|
(15) [(13)] if the child is 16 years of age or older, |
|
order services that are needed to assist the child in making the |
|
transition from substitute care to independent living if the |
|
services are available in the community; |
|
(16) [(14)] determine plans, services, and further |
|
temporary orders necessary to ensure that a final order is rendered |
|
before the date for dismissal of the suit under this chapter; |
|
(17) [(15)] if the child is committed to the Texas |
|
Juvenile Justice Department or released under supervision by the |
|
Texas Juvenile Justice Department, determine whether the child's |
|
needs for treatment, rehabilitation, and education are being met; |
|
and |
|
(18) [(16)] determine the date for dismissal of the |
|
suit under this chapter and give notice in open court to all parties |
|
of: |
|
(A) the dismissal date; |
|
(B) the date of the next permanency hearing; and |
|
(C) the date the suit is set for trial. |
|
SECTION 1.182. Section 263.307(b), Family Code, is amended |
|
to read as follows: |
|
(b) The following factors should be considered by the court |
|
and [,] the department[, and other authorized agencies] in |
|
determining whether the child's parents are willing and able to |
|
provide the child with a safe environment: |
|
(1) the child's age and physical and mental |
|
vulnerabilities; |
|
(2) the frequency and nature of out-of-home |
|
placements; |
|
(3) the magnitude, frequency, and circumstances of the |
|
harm to the child; |
|
(4) whether the child has been the victim of repeated |
|
harm after the initial report and intervention by the department |
|
[or other agency]; |
|
(5) whether the child is fearful of living in or |
|
returning to the child's home; |
|
(6) the results of psychiatric, psychological, or |
|
developmental evaluations of the child, the child's parents, other |
|
family members, or others who have access to the child's home; |
|
(7) whether there is a history of abusive or |
|
assaultive conduct by the child's family or others who have access |
|
to the child's home; |
|
(8) whether there is a history of substance abuse by |
|
the child's family or others who have access to the child's home; |
|
(9) whether the perpetrator of the harm to the child is |
|
identified; |
|
(10) the willingness and ability of the child's family |
|
to seek out, accept, and complete counseling services and to |
|
cooperate with and facilitate an appropriate agency's close |
|
supervision; |
|
(11) the willingness and ability of the child's family |
|
to effect positive environmental and personal changes within a |
|
reasonable period of time; |
|
(12) whether the child's family demonstrates adequate |
|
parenting skills, including providing the child and other children |
|
under the family's care with: |
|
(A) minimally adequate health and nutritional |
|
care; |
|
(B) care, nurturance, and appropriate discipline |
|
consistent with the child's physical and psychological |
|
development; |
|
(C) guidance and supervision consistent with the |
|
child's safety; |
|
(D) a safe physical home environment; |
|
(E) protection from repeated exposure to |
|
violence even though the violence may not be directed at the child; |
|
and |
|
(F) an understanding of the child's needs and |
|
capabilities; and |
|
(13) whether an adequate social support system |
|
consisting of an extended family and friends is available to the |
|
child. |
|
SECTION 1.183. Sections 263.502(a) and (c), Family Code, |
|
are amended to read as follows: |
|
(a) Not later than the 10th day before the date set for a |
|
placement review hearing, the department [or other authorized
|
|
agency] shall file a placement review report with the court and |
|
provide a copy to each person entitled to notice under Section |
|
263.501(d). |
|
(c) The placement review report must identify the |
|
department's permanency goal for the child and must: |
|
(1) evaluate whether the child's current placement is |
|
appropriate for meeting the child's needs; |
|
(2) evaluate whether efforts have been made to ensure |
|
placement of the child in the least restrictive environment |
|
consistent with the best interest and special needs of the child if |
|
the child is placed in institutional care; |
|
(3) contain a transition plan for a child who is at |
|
least 16 years of age that identifies the services and specific |
|
tasks that are needed to assist the child in making the transition |
|
from substitute care to adult living and describes the services |
|
that are being provided through the Transitional Living Services |
|
Program operated by the department; |
|
(4) evaluate whether the child's current educational |
|
placement is appropriate for meeting the child's academic needs; |
|
(5) identify other plans or services that are needed |
|
to meet the child's special needs or circumstances; |
|
(6) describe the efforts of the department [or
|
|
authorized agency] to place the child for adoption if parental |
|
rights to the child have been terminated and the child is eligible |
|
for adoption, including efforts to provide adoption promotion and |
|
support services as defined by 42 U.S.C. Section 629a and other |
|
efforts consistent with the federal Adoption and Safe Families Act |
|
of 1997 (Pub. L. No. 105-89); |
|
(7) for a child for whom the department has been named |
|
managing conservator in a final order that does not include |
|
termination of parental rights, describe the efforts of the |
|
department to find a permanent placement for the child, including |
|
efforts to: |
|
(A) work with the caregiver with whom the child |
|
is placed to determine whether that caregiver is willing to become a |
|
permanent placement for the child; |
|
(B) locate a relative or other suitable |
|
individual to serve as permanent managing conservator of the child; |
|
and |
|
(C) evaluate any change in a parent's |
|
circumstances to determine whether: |
|
(i) the child can be returned to the parent; |
|
or |
|
(ii) parental rights should be terminated; |
|
(8) with respect to a child committed to the Texas |
|
Juvenile Justice Department or released under supervision by the |
|
Texas Juvenile Justice Department: |
|
(A) evaluate whether the child's needs for |
|
treatment and education are being met; |
|
(B) describe, using information provided by the |
|
Texas Juvenile Justice Department, the child's progress in any |
|
rehabilitation program administered by the Texas Juvenile Justice |
|
Department; and |
|
(C) recommend other plans or services to meet the |
|
child's needs; and |
|
(9) identify any placement changes that have occurred |
|
since the most recent court hearing concerning the child and |
|
describe any barriers to sustaining the child's placement, |
|
including any reason for which a substitute care provider has |
|
requested a placement change. |
|
SECTION 1.184. Section 263.503(a), Family Code, as amended |
|
by Chapters 204 (H.B. 915) and 688 (H.B. 2619), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted and amended to |
|
read as follows: |
|
(a) At each placement review hearing, the court shall |
|
determine whether: |
|
(1) the child's current placement is necessary, safe, |
|
and appropriate for meeting the child's needs, including with |
|
respect to a child placed outside of the state, whether the |
|
placement continues to be appropriate and in the best interest of |
|
the child; |
|
(2) efforts have been made to ensure placement of the |
|
child in the least restrictive environment consistent with the best |
|
interest and special needs of the child if the child is placed in |
|
institutional care; |
|
(3) the services that are needed to assist a child who |
|
is at least 16 years of age in making the transition from substitute |
|
care to independent living are available in the community; |
|
(4) the child is receiving appropriate medical care; |
|
(5) the child has been provided the opportunity, in a |
|
developmentally appropriate manner, to express the child's opinion |
|
on the medical care provided; |
|
(6) for a child who is receiving psychotropic |
|
medication, the child: |
|
(A) has been provided appropriate psychosocial |
|
therapies, behavior strategies, and other non-pharmacological |
|
interventions; and |
|
(B) has been seen by the prescribing physician, |
|
physician assistant, or advanced practice nurse at least once every |
|
90 days for purposes of the review required by Section 266.011; |
|
(7) other plans or services are needed to meet the |
|
child's special needs or circumstances; |
|
(8) the department [or authorized agency] has |
|
exercised due diligence in attempting to place the child for |
|
adoption if parental rights to the child have been terminated and |
|
the child is eligible for adoption; |
|
(9) for a child for whom the department has been named |
|
managing conservator in a final order that does not include |
|
termination of parental rights, a permanent placement, including |
|
appointing a relative as permanent managing conservator or |
|
returning the child to a parent, is appropriate for the child; |
|
(10) for a child whose permanency goal is another |
|
planned, permanent living arrangement, the department has: |
|
(A) documented a compelling reason why adoption, |
|
permanent managing conservatorship with a relative or other |
|
suitable individual, or returning the child to a parent is not in |
|
the child's best interest; and |
|
(B) identified a family or other caring adult who |
|
has made a permanent commitment to the child; |
|
(11) the department [or authorized agency] has made |
|
reasonable efforts to finalize the permanency plan that is in |
|
effect for the child; [and] |
|
(12) if the child is committed to the Texas Juvenile |
|
Justice Department or released under supervision by the Texas |
|
Juvenile Justice Department, the child's needs for treatment, |
|
rehabilitation, and education are being met; |
|
(13) [(10)] an education decision-maker for the child |
|
has been identified; and |
|
(14) [(11)] the child's education needs and goals have |
|
been identified and addressed. |
|
SECTION 1.185. Section 264.0091, Family Code, is amended to |
|
read as follows: |
|
Sec. 264.0091. USE OF TELECONFERENCING AND |
|
VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of |
|
funds, the department, in cooperation with district and county |
|
courts, shall expand the use of teleconferencing and |
|
videoconferencing to facilitate participation by medical experts, |
|
children, and other individuals in court proceedings, including |
|
children for whom the department [, an authorized agency,] or a |
|
licensed child-placing agency has been appointed managing |
|
conservator and who are committed to the Texas Juvenile Justice |
|
Department [Youth Commission]. |
|
SECTION 1.186. Section 264.010(d), Family Code, is amended |
|
to read as follows: |
|
(d) A child abuse prevention and protection plan must: |
|
(1) specify the manner of communication between |
|
entities who are parties to the plan, including the department, the |
|
commission [Texas Department of Human Services], local law |
|
enforcement agencies, the county and district attorneys, members of |
|
the medical and social service community, foster parents, and child |
|
advocacy groups; and |
|
(2) provide other information concerning the |
|
prevention and investigation of child abuse in the area for which |
|
the plan is adopted. |
|
SECTION 1.187. Section 264.0111(e), Family Code, is amended |
|
to read as follows: |
|
(e) The executive commissioner [department] may adopt rules |
|
to implement this section. |
|
SECTION 1.188. Section 264.0145(b), Family Code, is amended |
|
to read as follows: |
|
(b) The executive commissioner [department] by rule shall |
|
establish guidelines that prioritize requests to release case |
|
records, including those made by an adult previously in the |
|
department's managing conservatorship. |
|
SECTION 1.189. Sections 264.101(b) and (d), Family Code, |
|
are amended to read as follows: |
|
(b) The department may not pay the cost of protective foster |
|
care for a child for whom the department has been named managing |
|
conservator under an order rendered solely under Section |
|
161.001(b)(1)(J) [161.001(1)(J)]. |
|
(d) The executive commissioner [of the Health and Human
|
|
Services Commission] may adopt rules that establish criteria and |
|
guidelines for the payment of foster care, including medical care, |
|
for a child and for providing care for a child after the child |
|
becomes 18 years of age if the child meets the requirements for |
|
continued foster care under Subsection (a-1). |
|
SECTION 1.190. Sections 264.107(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) The department shall use a system for the placement of |
|
children in contract residential care, including foster care, that |
|
conforms to the levels of care adopted [and maintained] by the |
|
executive commissioner [Health and Human Services Commission]. |
|
(b) The department shall use the standard application |
|
provided by the Health and Human Services Commission for the |
|
placement of children in contract residential care [as adopted and
|
|
maintained by the Health and Human Services Commission]. |
|
SECTION 1.191. Section 264.1075(b), Family Code, is amended |
|
to read as follows: |
|
(b) As soon as possible after a child begins receiving |
|
foster care under this subchapter, the department shall assess |
|
whether the child has a developmental or intellectual disability |
|
[or mental retardation]. The commission shall establish the |
|
procedures that the department must use in making an assessment |
|
under this subsection. The procedures may include screening or |
|
participation by: |
|
(1) a person who has experience in childhood |
|
developmental or intellectual disabilities [or mental
|
|
retardation]; |
|
(2) a local intellectual and developmental disability |
|
[mental retardation] authority; or |
|
(3) a provider in a county with a local child welfare |
|
board. |
|
SECTION 1.192. Section 264.108(f), Family Code, is amended |
|
to read as follows: |
|
(f) The executive commissioner [department] by rule shall |
|
define what constitutes a delay under Subsections (b) and (d). |
|
SECTION 1.193. Sections 264.110(b) and (g), Family Code, |
|
are amended to read as follows: |
|
(b) A person registered under this section must satisfy |
|
requirements adopted by rule by the executive commissioner |
|
[department]. |
|
(g) The department may refuse to place a child with a person |
|
registered under this section only for a reason permitted under |
|
criteria adopted by the executive commissioner by [department] |
|
rule. |
|
SECTION 1.194. Section 264.112(a), Family Code, is amended |
|
to read as follows: |
|
(a) The department shall report the status for children in |
|
substitute care to the executive commissioner [Board of Protective
|
|
and Regulatory Services] at least once every 12 months. |
|
SECTION 1.195. Section 264.121(a), Family Code, is amended |
|
to read as follows: |
|
(a) The department shall address the unique challenges |
|
facing foster children in the conservatorship of the department who |
|
must transition to independent living by: |
|
(1) expanding efforts to improve transition planning |
|
and increasing the availability of transitional family group |
|
decision-making to all youth age 14 or older in the department's |
|
permanent managing conservatorship, including enrolling the youth |
|
in the Preparation for Adult Living Program before the age of 16; |
|
(2) coordinating with the commission [Health and Human
|
|
Services Commission] to obtain authority, to the extent allowed by |
|
federal law, the state Medicaid plan, the Title IV-E state plan, and |
|
any waiver or amendment to either plan, necessary to: |
|
(A) extend foster care eligibility and |
|
transition services for youth up to age 21 and develop policy to |
|
permit eligible youth to return to foster care as necessary to |
|
achieve the goals of the Transitional Living Services Program; and |
|
(B) extend Medicaid coverage for foster care |
|
youth and former foster care youth up to age 21 with a single |
|
application at the time the youth leaves foster care; and |
|
(3) entering into cooperative agreements with the |
|
Texas Workforce Commission and local workforce development boards |
|
to further the objectives of the Preparation for Adult Living |
|
Program. The department, the Texas Workforce Commission, and the |
|
local workforce development boards shall ensure that services are |
|
prioritized and targeted to meet the needs of foster care and former |
|
foster care children and that such services will include, where |
|
feasible, referrals for short-term stays for youth needing housing. |
|
SECTION 1.196. Section 264.124(b), Family Code, as added by |
|
Chapter 423 (S.B. 430), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is amended to read as follows: |
|
(b) The department, in accordance with department rules |
|
[executive commissioner rule], shall implement a process to verify |
|
that each foster parent who is seeking monetary assistance from the |
|
department for day care for a foster child has attempted to find |
|
appropriate day-care services for the foster child through |
|
community services, including Head Start programs, prekindergarten |
|
classes, and early education programs offered in public schools. |
|
The department shall specify the documentation the foster parent |
|
must provide to the department to demonstrate compliance with the |
|
requirements established under this subsection. |
|
SECTION 1.197. Section 264.205(b), Family Code, is amended |
|
to read as follows: |
|
(b) A swift adoption team shall consist of department |
|
personnel who shall operate under policies adopted by rule by the |
|
executive commissioner [department]. The department shall set |
|
priorities for the allocation of department resources to enable a |
|
swift adoption team to operate successfully under the policies |
|
adopted under this subsection. |
|
SECTION 1.198. Section 264.506(b), Family Code, is amended |
|
to read as follows: |
|
(b) To achieve its purpose, a review team shall: |
|
(1) adapt and implement, according to local needs and |
|
resources, the model protocols developed by the department and the |
|
committee; |
|
(2) meet on a regular basis to review child fatality |
|
cases and recommend methods to improve coordination of services and |
|
investigations between agencies that are represented on the team; |
|
(3) collect and maintain data as required by the |
|
committee; and |
|
(4) submit to the [bureau of] vital statistics unit |
|
data reports on deaths reviewed as specified by the committee. |
|
SECTION 1.199. Section 264.507, Family Code, is amended to |
|
read as follows: |
|
Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding |
|
officer of a review team shall: |
|
(1) send notices to the review team members of a |
|
meeting to review a child fatality; |
|
(2) provide a list to the review team members of each |
|
child fatality to be reviewed at the meeting; |
|
(3) submit data reports to the [bureau of] vital |
|
statistics unit not later than the 30th day after the date on which |
|
the review took place; and |
|
(4) ensure that the review team operates according to |
|
the protocols developed by the department and the committee, as |
|
adapted by the review team. |
|
SECTION 1.200. Section 264.514(a), Family Code, is amended |
|
to read as follows: |
|
(a) A medical examiner or justice of the peace notified of a |
|
death of a child under Section 264.513 shall hold an inquest under |
|
Chapter 49, Code of Criminal Procedure, to determine whether the |
|
death is unexpected or the result of abuse or neglect. An inquest |
|
is not required under this subchapter if the child's death is |
|
expected and is due to a congenital or neoplastic disease. A death |
|
caused by an infectious disease may be considered an expected death |
|
if: |
|
(1) the disease was not acquired as a result of trauma |
|
or poisoning; |
|
(2) the infectious organism is identified using |
|
standard medical procedures; and |
|
(3) the death is not reportable to the [Texas] |
|
Department of State Health Services under Chapter 81, Health and |
|
Safety Code. |
|
SECTION 1.201. Section 264.614(d), Family Code, is amended |
|
to read as follows: |
|
(d) The executive commissioner [of the Health and Human
|
|
Services Commission] shall adopt rules necessary to implement this |
|
section. |
|
SECTION 1.202. Section 264.753, Family Code, is amended to |
|
read as follows: |
|
Sec. 264.753. EXPEDITED PLACEMENT. The department [or
|
|
other authorized entity] shall expedite the completion of the |
|
background and criminal history check, the home study, and any |
|
other administrative procedure to ensure that the child is placed |
|
with a qualified relative or caregiver as soon as possible after the |
|
date the caregiver is identified. |
|
SECTION 1.203. Section 264.755(d), Family Code, is amended |
|
to read as follows: |
|
(d) The department, in accordance with department rules |
|
[executive commissioner rule], shall implement a process to verify |
|
that each relative and designated caregiver who is seeking monetary |
|
assistance or additional support services from the department for |
|
day care as defined by Section 264.124 for a child under this |
|
section has attempted to find appropriate day-care services for the |
|
child through community services, including Head Start programs, |
|
prekindergarten classes, and early education programs offered in |
|
public schools. The department shall specify the documentation the |
|
relative or designated caregiver must provide to the department to |
|
demonstrate compliance with the requirements established under |
|
this subsection. The department may not provide monetary |
|
assistance or additional support services to the relative or |
|
designated caregiver for the day care unless the department |
|
receives the required verification. |
|
SECTION 1.204. The following provisions of the Family Code |
|
are repealed: |
|
(1) Section 101.002; |
|
(2) Section 161.002(c); |
|
(3) Section 162.305; |
|
(4) Sections 261.001(3) and (8); |
|
(5) Section 262.008(c); |
|
(6) Section 263.1015; |
|
(7) Section 264.007; |
|
(8) Section 264.105; |
|
(9) Section 264.106; |
|
(10) Section 264.1063; |
|
(11) Section 264.107(f); |
|
(12) Section 264.206; |
|
(13) Sections 264.501(2) and (5); and |
|
(14) Subchapter H, Chapter 264. |
|
ARTICLE 2. GOVERNMENT CODE |
|
SECTION 2.001. Section 403.1066(c), Government Code, is |
|
amended to read as follows: |
|
(c) The available earnings of the fund may be appropriated |
|
to the [Texas] Department of State Health Services for the purpose |
|
of providing services at a public health hospital as defined by |
|
Section 13.033, Health and Safety Code, [the Texas Center for
|
|
Infectious Disease] and grants, loans, or loan guarantees to public |
|
or nonprofit community hospitals with 125 beds or fewer located in |
|
an urban area of the state. |
|
SECTION 2.002. Section 411.110(a), Government Code, is |
|
amended to read as follows: |
|
(a) The Department of State Health Services is entitled to |
|
obtain from the department criminal history record information |
|
maintained by the department that relates to: |
|
(1) a person who is: |
|
(A) an applicant for a license or certificate |
|
under the Emergency Health Care [Medical Services] Act (Chapter |
|
773, Health and Safety Code); |
|
(B) an owner or manager of an applicant for an |
|
emergency medical services provider license under that Act; or |
|
(C) the holder of a license or certificate under |
|
that Act; |
|
(2) an applicant for a license or a license holder |
|
under Subchapter N, Chapter 431, Health and Safety Code; |
|
(3) an applicant for a license, the owner or manager of |
|
an applicant for a massage establishment license, or a license |
|
holder under Chapter 455, Occupations Code; |
|
(4) an applicant for employment at or current employee |
|
of: |
|
(A) a public health hospital as defined by |
|
Section 13.033, Health and Safety Code [the Texas Center for
|
|
Infectious Disease]; or |
|
(B) the South Texas Health Care System; or |
|
(5) an applicant for employment at, current employee |
|
of, or person who contracts or may contract to provide goods or |
|
services with: |
|
(A) the vital statistics unit of the Department |
|
of State Health Services; or |
|
(B) the Council on Sex Offender Treatment or |
|
other division or component of the Department of State Health |
|
Services that monitors sexually violent predators as described by |
|
Section 841.003(a), Health and Safety Code. |
|
SECTION 2.003. Section 411.1131, Government Code, is |
|
amended to read as follows: |
|
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES |
|
[TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING]. (a) The |
|
Department of Assistive and Rehabilitative Services [Texas
|
|
Commission for the Deaf and Hard of Hearing] is entitled to obtain |
|
from the department criminal history record information maintained |
|
by the department that relates to a person who is an applicant for a |
|
staff position at an outdoor training program for children who are |
|
deaf or hard of hearing conducted by a private entity through a |
|
contract with the Department of Assistive and Rehabilitative |
|
Services [commission] in accordance with Section 81.013, Human |
|
Resources Code. |
|
(b) Criminal history record information obtained by the |
|
Department of Assistive and Rehabilitative Services [Texas
|
|
Commission for the Deaf and Hard of Hearing] under Subsection (a) |
|
may be used only to evaluate an applicant for a staff position at an |
|
outdoor training program for children who are deaf or hard of |
|
hearing. The Department of Assistive and Rehabilitative Services |
|
[Texas Commission for the Deaf and Hard of Hearing] may release or |
|
disclose the information to a private entity described by |
|
Subsection (a) for that purpose. |
|
(c) The Department of Assistive and Rehabilitative Services |
|
[Texas Commission for the Deaf and Hard of Hearing] may not release |
|
or disclose information obtained under Subsection (a), except on |
|
court order or with the consent of the person who is the subject of |
|
the criminal history record information, and shall destroy all |
|
criminal history record information obtained under Subsection (a) |
|
after the information is used for its authorized purpose. |
|
SECTION 2.004. Section 411.114(a)(3), Government Code, is |
|
amended to read as follows: |
|
(3) The Department of Family and Protective Services |
|
is entitled to obtain from the department criminal history record |
|
information maintained by the department that relates to a person |
|
who is: |
|
(A) a volunteer or applicant volunteer with a |
|
local affiliate in this state of Big Brothers/Big Sisters of |
|
America; |
|
(B) a volunteer or applicant volunteer with the |
|
"I Have a Dream/Houston" program; |
|
(C) a volunteer or applicant volunteer with an |
|
organization that provides court-appointed special advocates for |
|
abused or neglected children; |
|
(D) a person providing, at the request of the |
|
child's parent, in-home care for a child who is the subject of a |
|
report alleging the child has been abused or neglected; |
|
(E) a volunteer or applicant volunteer with a |
|
Texas chapter of the Make-a-Wish Foundation of America; |
|
(F) a person providing, at the request of the |
|
child's parent, in-home care for a child only if the person gives |
|
written consent to the release and disclosure of the information; |
|
(G) a child who is related to the caretaker, as |
|
determined under Section 42.002, Human Resources Code, and who |
|
resides in or is present in a child-care facility or family home, |
|
other than a child described by Subdivision (2)(C), or any other |
|
person who has unsupervised access to a child in the care of a |
|
child-care facility or family home; |
|
(H) an applicant for a position with the |
|
Department of Family and Protective Services, other than a position |
|
described by Subdivision (2)(D), regardless of the duties of the |
|
position; |
|
(I) a volunteer or applicant volunteer with the |
|
Department of Family and Protective Services, other than a |
|
registered volunteer, regardless of the duties to be performed; |
|
(J) a person providing or applying to provide |
|
in-home, adoptive, or foster care for children to the extent |
|
necessary to comply with Subchapter B, Chapter 162, Family Code; |
|
(K) a Department of Family and Protective |
|
Services employee, other than an employee described by Subdivision |
|
(2)(H), regardless of the duties of the employee's position; |
|
(L) a relative of a child in the care of the |
|
Department of Family and Protective Services, to the extent |
|
necessary to comply with Section 162.007, Family Code; |
|
(M) a person, other than an alleged perpetrator |
|
in a report described in Subdivision (2)(I), living in the |
|
residence in which the alleged victim of the report resides; |
|
(N) [a contractor or an employee of a contractor
|
|
who delivers services to a ward of the Department of Family and
|
|
Protective Services under a contract with the estate of the ward;
|
|
[(O)
a person who seeks unsupervised visits with
|
|
a ward of the Department of Family and Protective Services,
|
|
including a relative of the ward;
|
|
[(P)] an employee, volunteer, or applicant |
|
volunteer of a children's advocacy center under Subchapter E, |
|
Chapter 264, Family Code, including a member of the governing board |
|
of a center; |
|
(O) [(Q)] an employee of, an applicant for |
|
employment with, or a volunteer or an applicant volunteer with an |
|
entity or person that contracts with the Department of Family and |
|
Protective Services and has access to confidential information in |
|
the department's records, if the employee, applicant, volunteer, or |
|
applicant volunteer has or will have access to that confidential |
|
information; |
|
(P) [(R)] an employee of or volunteer at, or an |
|
applicant for employment with or to be a volunteer at, an entity |
|
that provides supervised independent living services to a young |
|
adult receiving extended foster care services from the Department |
|
of Family and Protective Services; |
|
(Q) [(S)] a person 14 years of age or older who |
|
will be regularly or frequently working or staying in a host home |
|
that is providing supervised independent living services to a young |
|
adult receiving extended foster care services from the Department |
|
of Family and Protective Services; or |
|
(R) [(T)] a person who volunteers to supervise |
|
visitation under Subchapter B, Chapter 263, Family Code. |
|
SECTION 2.005. Sections 411.1386(a-1) and (a-3), |
|
Government Code, are amended to read as follows: |
|
(a-1) The Department of Aging and Disability Services shall |
|
obtain from the Department of Public Safety criminal history record |
|
information maintained by the Department of Public Safety that |
|
relates to each individual who is or will be providing guardianship |
|
services to a ward of or referred by the Department of Aging and |
|
Disability Services, including: |
|
(1) an employee of or an applicant selected for an |
|
employment position with the Department of Aging and Disability |
|
Services; |
|
(2) a volunteer or an applicant selected to volunteer |
|
with the Department of Aging and Disability Services; |
|
(3) an employee of or an applicant selected for an |
|
employment position with a business entity or other person that |
|
contracts with the Department of Aging and Disability Services to |
|
provide guardianship services to a ward referred by the department; |
|
[and] |
|
(4) a volunteer or an applicant selected to volunteer |
|
with a business entity or person described by Subdivision (3); and |
|
(5) a contractor or an employee of a contractor who |
|
provides services to a ward of the Department of Aging and |
|
Disability Services under a contract with the estate of the ward. |
|
(a-3) The information in Subsection (a-1) regarding |
|
employees, contractors, or volunteers providing guardianship |
|
services must be obtained annually. |
|
SECTION 2.006. Section 411.13861, Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (e) to |
|
read as follows: |
|
(a) The Department of Aging and Disability Services is |
|
entitled to obtain from the Department of Public Safety criminal |
|
history record information maintained by the Department of Public |
|
Safety that relates to a person: |
|
(1) required to undergo a background and criminal |
|
history check under Chapter 248A, Health and Safety Code; or |
|
(2) who seeks unsupervised visits with a ward of the |
|
department, including a relative of the ward. |
|
(e) In this section, "ward" has the meaning assigned by |
|
Section 1002.030, Estates Code. |
|
SECTION 2.007. Section 531.001, Government Code, is amended |
|
by amending Subdivisions (4-a) and (6) and adding Subdivision (4-b) |
|
to read as follows: |
|
(4-a) "Home telemonitoring service" means a health |
|
service that requires scheduled remote monitoring of data related |
|
to a patient's health and transmission of the data to a licensed |
|
home and community support services [health] agency or a hospital, |
|
as those terms are defined by Section 531.02164(a). |
|
(4-b) "Medicaid" means the medical assistance program |
|
established under Chapter 32, Human Resources Code. |
|
(6) "Section 1915(c) waiver program" means a federally |
|
funded [Medicaid] program of the state under Medicaid that is |
|
authorized under Section 1915(c) of the federal Social Security Act |
|
(42 U.S.C. Section 1396n(c)). |
|
SECTION 2.008. Section 531.0055(b), Government Code, is |
|
amended to read as follows: |
|
(b) The commission shall: |
|
(1) supervise the administration and operation of |
|
[the] Medicaid [program], including the administration and |
|
operation of the Medicaid managed care system in accordance with |
|
Section 531.021; |
|
(2) perform information systems planning and |
|
management for health and human services agencies under Section |
|
531.0273, with: |
|
(A) the provision of information technology |
|
services at health and human services agencies considered to be a |
|
centralized administrative support service either performed by |
|
commission personnel or performed under a contract with the |
|
commission; and |
|
(B) an emphasis on research and implementation on |
|
a demonstration or pilot basis of appropriate and efficient uses of |
|
new and existing technology to improve the operation of health and |
|
human services agencies and delivery of health and human services; |
|
(3) monitor and ensure the effective use of all |
|
federal funds received by a health and human services agency in |
|
accordance with Section 531.028 and the General Appropriations Act; |
|
(4) implement Texas Integrated Enrollment Services as |
|
required by Subchapter F, except that notwithstanding Subchapter F, |
|
determining eligibility for benefits under the following programs |
|
is the responsibility of and must be centralized by the commission: |
|
(A) the child health plan program; |
|
(B) the financial assistance program under |
|
Chapter 31, Human Resources Code; |
|
(C) Medicaid [the medical assistance program
|
|
under Chapter 32, Human Resources Code]; |
|
(D) the supplemental nutrition [nutritional] |
|
assistance program [programs] under Chapter 33, Human Resources |
|
Code; |
|
(E) long-term care services, as defined by |
|
Section 22.0011, Human Resources Code; |
|
(F) community-based support services identified |
|
or provided in accordance with Section 531.02481; and |
|
(G) other health and human services programs, as |
|
appropriate; and |
|
(5) implement programs intended to prevent family |
|
violence and provide services to victims of family violence. |
|
SECTION 2.009. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Section 531.00551 to read as follows: |
|
Sec. 531.00551. PROCEDURES FOR ADOPTING RULES AND POLICIES. |
|
(a) The executive commissioner shall develop procedures for |
|
adopting rules for the health and human services agencies. The |
|
procedures must specify the manner in which the health and human |
|
services agencies may participate in the rulemaking process. |
|
(b) A health and human services agency shall assist the |
|
executive commissioner in the development of policies and |
|
guidelines needed for the administration of the agency's functions |
|
and shall submit any proposed policies and guidelines to the |
|
executive commissioner. The agency may implement a proposed policy |
|
or guideline only if the executive commissioner approves the policy |
|
or guideline. |
|
SECTION 2.010. Section 531.006, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.006. ELIGIBILITY. (a) A person is not eligible |
|
for appointment as executive commissioner if the person or the |
|
person's spouse is an employee, officer, or paid consultant of a |
|
trade association in a field under the commission's jurisdiction. |
|
(b) A person who is required to register as a lobbyist under |
|
Chapter 305 because of the person's activities for compensation in |
|
or on behalf of a profession related to a field under the |
|
commission's jurisdiction may not serve as executive commissioner. |
|
(c) A person is not eligible for appointment as executive |
|
commissioner if the person has a financial interest in a |
|
corporation, organization, or association under contract with: |
|
(1) the [Texas] Department of State Health Services, |
|
if the contract involves mental health services; |
|
(2) the Department of Aging and Disability Services |
|
[Mental Health and Mental Retardation], if the contract involves |
|
intellectual and developmental disability services; |
|
(3) a local mental health or intellectual and |
|
developmental disability [mental retardation] authority;[,] or |
|
(4) a community center. |
|
SECTION 2.011. Section 531.007, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.007. TERM. The executive commissioner serves a |
|
two-year term expiring February 1 of each odd-numbered year. |
|
SECTION 2.012. Section 531.008(c), Government Code, is |
|
amended to read as follows: |
|
(c) The executive commissioner shall establish the |
|
following divisions and offices within the commission: |
|
(1) the eligibility services division to make |
|
eligibility determinations for services provided through the |
|
commission or a health and human services agency related to: |
|
(A) the child health plan program; |
|
(B) the financial assistance program under |
|
Chapter 31, Human Resources Code; |
|
(C) Medicaid [the medical assistance program
|
|
under Chapter 32, Human Resources Code]; |
|
(D) the supplemental nutrition [nutritional] |
|
assistance program [programs] under Chapter 33, Human Resources |
|
Code; |
|
(E) long-term care services, as defined by |
|
Section 22.0011, Human Resources Code; |
|
(F) community-based support services identified |
|
or provided in accordance with Section 531.02481; and |
|
(G) other health and human services programs, as |
|
appropriate; |
|
(2) the office of inspector general to perform fraud |
|
and abuse investigation and enforcement functions as provided by |
|
Subchapter C and other law; |
|
(3) the office of the ombudsman to: |
|
(A) provide dispute resolution services for the |
|
commission and the health and human services agencies; and |
|
(B) perform consumer protection functions |
|
related to health and human services; |
|
(4) a purchasing division as provided by Section |
|
531.017; and |
|
(5) an internal audit division to conduct a program of |
|
internal auditing in accordance with [Government Code,] Chapter |
|
2102. |
|
SECTION 2.013. Section 531.0081, Government Code, is |
|
amended to read as follows: |
|
Sec. 531.0081. [OFFICE OF] MEDICAL TECHNOLOGY. [(a) In
|
|
this section, "office" means the office of medical technology.] |
|
(b) The commission shall [establish the office of medical
|
|
technology within the commission.
The office shall] explore and |
|
evaluate new developments in medical technology and propose |
|
implementing the technology in Medicaid [the medical assistance
|
|
program under Chapter 32, Human Resources Code], if appropriate and |
|
cost-effective. |
|
(c) Commission [Office] staff implementing this section |
|
must have skills and experience in research regarding health care |
|
technology. |
|
SECTION 2.014. Section 531.0082(d), Government Code, is |
|
amended to read as follows: |
|
(d) Not later than the 30th day following the end of each |
|
calendar quarter, the data analysis unit shall provide an update on |
|
the unit's activities and findings to the governor, the lieutenant |
|
governor, the speaker of the house of representatives, the chair of |
|
the Senate Finance Committee, the chair of the House Appropriations |
|
Committee, and the chairs of the standing committees of the senate |
|
and house of representatives having jurisdiction over [the] |
|
Medicaid [program]. |
|
SECTION 2.015. Sections 531.009(a), (b), (c), (d), (e), and |
|
(g), Government Code, are amended to read as follows: |
|
(a) The executive commissioner shall employ a medical |
|
director to provide medical expertise to the executive commissioner |
|
and the commission and may employ other personnel necessary to |
|
administer the commission's duties. |
|
(b) The executive commissioner [or the commissioner's
|
|
designated representative] shall develop an intra-agency career |
|
ladder program, one part of which must require the intra-agency |
|
posting of all non-entry-level positions concurrently with any |
|
public posting. |
|
(c) The executive commissioner [or the commissioner's
|
|
designated representative] shall develop a system of annual |
|
performance evaluations based on measurable job tasks. All merit |
|
pay for commission employees must be based on the system |
|
established under this subsection. |
|
(d) The executive commissioner shall provide to commission |
|
employees as often as is necessary information regarding their |
|
qualifications under this chapter and their responsibilities under |
|
applicable laws relating to standards of conduct for state |
|
employees. |
|
(e) The executive commissioner [or the commissioner's
|
|
designated representative] shall prepare and maintain a written |
|
policy statement that implements a program of equal employment |
|
opportunity to ensure that all personnel transactions are made |
|
without regard to race, color, disability, sex, religion, age, or |
|
national origin. |
|
(g) The policy statement described by Subsection (e) must: |
|
(1) be updated annually; |
|
(2) be reviewed by the Texas Workforce Commission |
|
civil rights division [state Commission on Human Rights] for |
|
compliance with Subsection (f)(1); and |
|
(3) be filed with the governor's office. |
|
SECTION 2.016. Section 531.011(d), Government Code, is |
|
amended to read as follows: |
|
(d) The executive commissioner by rule shall establish |
|
methods by which the public, consumers, and service recipients can |
|
be notified of the mailing addresses and telephone numbers of |
|
appropriate agency personnel for the purpose of directing |
|
complaints to the commission. The commission may provide for that |
|
notification: |
|
(1) on each registration form, application, or written |
|
contract for services of a person regulated by the commission; |
|
(2) on a sign prominently displayed in the place of |
|
business of each person regulated by the commission; or |
|
(3) in a bill for service provided by a person |
|
regulated by the commission. |
|
SECTION 2.017. Section 531.012, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.012. ADVISORY COMMITTEES. The executive |
|
commissioner may appoint advisory committees as needed. |
|
SECTION 2.018. Section 531.020, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.020. OFFICE OF COMMUNITY ACCESS AND SERVICES |
|
[COLLABORATION]. The executive commissioner shall establish |
|
within the commission an office of community access and services |
|
[collaboration]. The office is responsible for: |
|
(1) collaborating with community, state, and federal |
|
stakeholders to improve the elements of the health care system that |
|
are involved in the delivery of Medicaid services; and |
|
(2) sharing with Medicaid providers, including |
|
hospitals, any best practices, resources, or other information |
|
regarding improvements to the health care system. |
|
SECTION 2.019. Section 531.021, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.021. ADMINISTRATION OF MEDICAID [PROGRAM]. (a) |
|
The commission is the state agency designated to administer federal |
|
Medicaid [medical assistance] funds. |
|
(b) The commission shall: |
|
(1) plan and direct [the] Medicaid [program] in each |
|
agency that operates a portion of [the] Medicaid [program], |
|
including the management of the Medicaid managed care system and |
|
the development, procurement, management, and monitoring of |
|
contracts necessary to implement the Medicaid managed care system; |
|
and |
|
(2) [adopt reasonable rules and standards governing
|
|
the determination of fees, charges, and rates for medical
|
|
assistance payments under Chapter 32, Human Resources Code, in
|
|
consultation with the agencies that operate the Medicaid program;
|
|
and
|
|
[(3)] establish requirements for and define the scope |
|
of the ongoing evaluation of the Medicaid managed care system |
|
conducted in conjunction with the Department of State Health |
|
Services [Texas Health Care Information Council] under Section |
|
108.0065, Health and Safety Code. |
|
(b-1) The executive commissioner shall adopt reasonable |
|
rules and standards governing the determination of fees, charges, |
|
and rates for Medicaid payments. |
|
(c) The executive commissioner [commission] in the [its] |
|
adoption of reasonable rules and standards under Subsection (b-1) |
|
[(b)(2)] shall include financial performance standards that, in the |
|
event of a proposed rate reduction, provide private ICF-IID |
|
[ICF-MR] facilities and home and community-based services |
|
providers with flexibility in determining how to use Medicaid |
|
[medical assistance] payments to provide services in the most |
|
cost-effective manner while continuing to meet the state and |
|
federal requirements of [the] Medicaid [program]. |
|
(d) In adopting rules and standards required by Subsection |
|
(b-1) [(b)(2)], the executive commissioner [commission] may |
|
provide for payment of fees, charges, and rates in accordance with: |
|
(1) formulas, procedures, or methodologies prescribed |
|
by the commission's rules; |
|
(2) applicable state or federal law, policies, rules, |
|
regulations, or guidelines; |
|
(3) economic conditions that substantially and |
|
materially affect provider participation in [the] Medicaid |
|
[program], as determined by the executive commissioner; or |
|
(4) available levels of appropriated state and federal |
|
funds. |
|
(e) Notwithstanding any other provision of Chapter 32, |
|
Human Resources Code, Chapter 533, or this chapter, the commission |
|
may adjust the fees, charges, and rates paid to Medicaid providers |
|
as necessary to achieve the objectives of [the] Medicaid [program] |
|
in a manner consistent with the considerations described by |
|
Subsection (d). |
|
(f) In adopting rates for Medicaid [medical assistance] |
|
payments under Subsection (b-1) [(b)(2)], the executive |
|
commissioner may adopt reimbursement rates for appropriate nursing |
|
services provided to recipients with certain health conditions if |
|
those services are determined to provide a cost-effective |
|
alternative to hospitalization. A physician must certify that the |
|
nursing services are medically appropriate for the recipient for |
|
those services to qualify for reimbursement under this subsection. |
|
(g) In adopting rates for Medicaid [medical assistance] |
|
payments under Subsection (b-1) [(b)(2)], the executive |
|
commissioner may adopt cost-effective reimbursement rates for |
|
group appointments with Medicaid [medical assistance] providers |
|
for certain diseases and medical conditions specified by rules of |
|
the executive commissioner. |
|
SECTION 2.020. Sections 531.0211(a) and (c), Government |
|
Code, are amended to read as follows: |
|
(a) In adopting rules to implement a managed care Medicaid |
|
program, the executive commissioner [commission] shall establish |
|
guidelines for, and require managed care organizations to provide, |
|
education programs for providers and clients using a variety of |
|
techniques and mediums. |
|
(c) A client education program must present information in a |
|
manner that is easy to understand. A program must include |
|
information on: |
|
(1) a client's rights and responsibilities under the |
|
bill of rights and the bill of responsibilities prescribed by |
|
Section 531.0212; |
|
(2) how to access health care services; |
|
(3) how to access complaint procedures and the |
|
client's right to bypass the managed care organization's internal |
|
complaint system and use the notice and appeal procedures otherwise |
|
required by [the] Medicaid [program]; |
|
(4) Medicaid policies, procedures, eligibility |
|
standards, and benefits; |
|
(5) the policies and procedures of the managed care |
|
organization; and |
|
(6) the importance of prevention, early intervention, |
|
and appropriate use of services. |
|
SECTION 2.021. Sections 531.02111(a) and (b), Government |
|
Code, are amended to read as follows: |
|
(a) The commission shall prepare a biennial Medicaid |
|
financial report covering each state agency that operates |
|
[administers] any part of [the state] Medicaid [program] and each |
|
component of [the] Medicaid [programs] operated [or administered] |
|
by those agencies. |
|
(b) The report must include: |
|
(1) for each state agency described by Subsection (a): |
|
(A) a description of each of the components of |
|
Medicaid [programs administered or] operated by the agency; and |
|
(B) an accounting of all funds related to [the
|
|
state] Medicaid [program] received and disbursed by the agency |
|
during the period covered by the report, including: |
|
(i) the amount of any federal Medicaid |
|
[medical assistance] funds allocated to the agency for the support |
|
of each of the Medicaid components [programs] operated [or
|
|
administered] by the agency; |
|
(ii) the amount of any funds appropriated |
|
by the legislature to the agency for each of those components |
|
[programs]; and |
|
(iii) the amount of Medicaid [medical
|
|
assistance] payments and related expenditures made by or in |
|
connection with each of those components [programs]; and |
|
(2) for each Medicaid component [program] identified |
|
in the report: |
|
(A) the amount and source of funds or other |
|
revenue received by or made available to the agency for the |
|
component [program]; and |
|
(B) the information required by Section |
|
531.02112(b). |
|
SECTION 2.022. Sections 531.02112(a) and (b), Government |
|
Code, are amended to read as follows: |
|
(a) The commission shall prepare a report, on a quarterly |
|
basis, regarding the Medicaid expenditures of each state agency |
|
that [administers or] operates a component of Medicaid [program]. |
|
(b) The report must identify each agency's expenditures by |
|
Medicaid component [program] and must include for each component |
|
[program]: |
|
(1) the amount spent on each type of service or benefit |
|
provided by or under the component [program]; |
|
(2) the amount spent on [program] operations for that |
|
component, including eligibility determination, claims processing, |
|
and case management; and |
|
(3) the amount spent on any other administrative |
|
costs. |
|
SECTION 2.023. Sections 531.02115(a) and (c), Government |
|
Code, are amended to read as follows: |
|
(a) A provider participating in [the] Medicaid or the child |
|
health plan program, including a provider participating in the |
|
network of a managed care organization that contracts with the |
|
commission to provide services under [the] Medicaid or the child |
|
health plan program, may not engage in any marketing activity, |
|
including any dissemination of material or other attempt to |
|
communicate, that: |
|
(1) involves unsolicited personal contact, including |
|
by door-to-door solicitation, solicitation at a child-care |
|
facility or other type of facility, direct mail, or telephone, with |
|
a Medicaid client or a parent whose child is enrolled in [the] |
|
Medicaid or the child health plan program; |
|
(2) is directed at the client or parent solely because |
|
the client or the parent's child is receiving benefits under [the] |
|
Medicaid or the child health plan program; and |
|
(3) is intended to influence the client's or parent's |
|
choice of provider. |
|
(c) Nothing in this section prohibits: |
|
(1) a provider participating in [the] Medicaid or the |
|
child health plan program from: |
|
(A) engaging in a marketing activity, including |
|
any dissemination of material or other attempt to communicate, that |
|
is intended to influence the choice of provider by a Medicaid client |
|
or a parent whose child is enrolled in [the] Medicaid or the child |
|
health plan program, if the marketing activity: |
|
(i) is conducted at a community-sponsored |
|
educational event, health fair, outreach activity, or other similar |
|
community or nonprofit event in which the provider participates and |
|
does not involve unsolicited personal contact or promotion of the |
|
provider's practice; or |
|
(ii) involves only the general |
|
dissemination of information, including by television, radio, |
|
newspaper, or billboard advertisement, and does not involve |
|
unsolicited personal contact; |
|
(B) as permitted under the provider's contract, |
|
engaging in the dissemination of material or another attempt to |
|
communicate with a Medicaid client or a parent whose child is |
|
enrolled in [the] Medicaid or the child health plan program, |
|
including communication in person or by direct mail or telephone, |
|
for the purpose of: |
|
(i) providing an appointment reminder; |
|
(ii) distributing promotional health |
|
materials; |
|
(iii) providing information about the types |
|
of services offered by the provider; or |
|
(iv) coordinating patient care; or |
|
(C) engaging in a marketing activity that has |
|
been submitted for review and obtained a notice of prior |
|
authorization from the commission under Subsection (d); or |
|
(2) a provider participating in the [Medicaid] STAR + |
|
PLUS Medicaid managed care program from, as p |