|
|
|
|
AN ACT
|
|
relating to procedures for identifying any Native American heritage |
|
of children in certain hearings in suits affecting the parent-child |
|
relationship. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 262.201, Family Code, is amended by |
|
adding Subsection (a-4) to read as follows: |
|
(a-4) The court shall ask all parties present at the full |
|
adversary hearing whether the child or the child's family has a |
|
Native American heritage and identify any Native American tribe |
|
with which the child may be associated. |
|
SECTION 2. Section 263.202, Family Code, is amended by |
|
adding Subsection (f-1) to read as follows: |
|
(f-1) The court shall ask all parties present at the status |
|
hearing whether the child or the child's family has a Native |
|
American heritage and identify any Native American tribe with which |
|
the child may be associated. |
|
SECTION 3. Section 263.306(a), Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
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 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) ask all parties present whether the child or the |
|
child's family has a Native American heritage and identify any |
|
Native American tribe with which the child may be associated; |
|
(10) identify an education decision-maker for the |
|
child if one has not previously been identified; |
|
(11) [(10)] review the medical care provided to the |
|
child as required by Section 266.007; |
|
(12) [(11)] ensure the child has been provided the |
|
opportunity, in a developmentally appropriate manner, to express |
|
the child's opinion on the medical care provided; |
|
(13) [(12)] 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; |
|
(14) [(13)] 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; |
|
(15) [(14)] 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; |
|
(16) [(15)] 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; |
|
(17) [(16)] 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; |
|
(18) [(17)] 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 |
|
(19) [(18)] 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 4. The changes in law made by this Act to Sections |
|
262.201, 263.202, and 263.306, Family Code, apply only to a hearing |
|
held on or after the effective date of this Act. |
|
SECTION 5. To the extent of any conflict, this Act prevails |
|
over another Act of the 84th Legislature, Regular Session, 2015, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 6. This Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 825 was passed by the House on April |
|
30, 2015, by the following vote: Yeas 125, Nays 15, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 825 was passed by the Senate on May |
|
26, 2015, by the following vote: Yeas 29, Nays 2. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |