84R1249 SCL-D

By: Burkett H.B. No. 2433

A BILL TO BE ENTITLED

AN ACT

relating to the functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.

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

SECTION 1. Section 25.087(b), Education Code, as amended by Chapter 249 (H.B. 455), Chapter 688 (H.B. 2619), and Chapter 1354 (S.B. 1404), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(b) A school district shall excuse a student from attending school for:

(1) the following purposes, including travel for those purposes:

(A) observing religious holy days;

(B) attending a required court appearance;

(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;

(D) taking part in a United States naturalization oath ceremony;

(E) serving as an election clerk; or

[(F) for a child in the conservatorship of the Department of Family and Protective Services, attending a mental health or therapy appointment or family visitation as ordered by a court under Chapter 262 or 263, Family Code; or]

(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating in an activity:

(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or

(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; or

(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment

[(2) a temporary absence resulting from an appointment with a health care professional if that student commences classes or returns to school on the same day of the appointment].

SECTION 2. Section 54.366, Education Code, is amended by adding Subsection (c) to read as follows:

(c) Notwithstanding Subsection (a)(1), a child who exits the conservatorship of the Department of Family and Protective Services and is returned to the child's parent, including a parent whose parental rights were previously terminated, may be exempt from the payment of tuition and fees if the department determines that the child is eligible under department rule. The executive commissioner of the Health and Human Services Commission shall by rule develop factors for determining eligibility under this subsection in consultation with the department and the Texas Higher Education Coordinating Board.

SECTION 3. Section 51.03(b), Family Code, is amended to read as follows:

(b) Conduct indicating a need for supervision is:

(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B) the penal ordinances of any political subdivision of this state;

(2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;

(3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;

(5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;

(6) [conduct that violates a reasonable and lawful order of a court entered under Section 264.305;

[(7)] notwithstanding Subsection (a)(1), conduct described by Section 43.02(a)(1) or (2), Penal Code; or

(7) [(8)] notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code.

SECTION 4. The heading to Section 58.0052, Family Code, is amended to read as follows:

Sec. 58.0052. INTERAGENCY SHARING OF CERTAIN NONEDUCATIONAL RECORDS.

SECTION 5. Subchapter A, Chapter 58, Family Code, is amended by adding Section 58.0053 to read as follows:

Sec. 58.0053. INTERAGENCY SHARING OF JUVENILE PROBATION RECORDS. (a) On request by the Department of Family and Protective Services, a juvenile probation officer shall disclose to the department the terms of probation of a child in the department's conservatorship.

(b) To the extent of a conflict between this section and another law of this state applicable to confidential information held by a governmental agency, this section controls.

(c) This section does not affect the confidential status of the information being shared. The information may be released to a third party only as directed by a court order or as otherwise authorized by law. Personally identifiable information disclosed to the Department of Family and Protective Services under this section is not subject to disclosure to a third party under Chapter 552, Government Code.

(d) The Department of Family and Protective Services shall enter into a memorandum of understanding with the Texas Juvenile Justice Department to adopt procedures for handling information requests under this section.

SECTION 6. Chapter 101, Family Code, is amended by adding Sections 101.0133 and 101.0134 to read as follows:

Sec. 101.0133. FOSTER CARE. "Foster care" means the placement of a child who is in the conservatorship of the Department of Family and Protective Services 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.

Sec. 101.0134. FOSTER CHILD. "Foster child" means a child who is in the managing conservatorship of the Department of Family and Protective Services.

SECTION 7. Section 103.001(b), Family Code, is amended to read as follows:

(b) A suit in which adoption is requested may be filed in the county where the child resides or in the county where the petitioners reside, regardless of whether another court has continuing exclusive jurisdiction under Chapter 155. A court that has continuing exclusive jurisdiction is not required to transfer the suit affecting the parent-child relationship to the court in which the adoption suit is filed.

SECTION 8. Section 104.007(b), Family Code, is amended to read as follows:

(b) In a proceeding brought by the Department of Family and Protective [and Regulatory] Services concerning a child who is alleged in a suit to have been abused or neglected, the court may order[, with the agreement of the state's counsel and the defendant's counsel,] that the testimony of a professional be taken outside the courtroom by videoconference:

(1) on the agreement of the state's counsel and the defendant's counsel; or

(2) if good cause exists, on the court's own motion.

SECTION 9. 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 10. Section 155.001(c), Family Code, is amended to read as follows:

(c) If a court of this state has acquired continuing, exclusive jurisdiction, no other court of this state has jurisdiction of a suit with regard to that child except as provided by this chapter, Section 103.001(b), or Chapter 262.

SECTION 11. Section 161.001, Family Code, is amended to read as follows:

Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD RELATIONSHIP. 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 under a law of another jurisdiction that contains elements that are substantially similar to the elements of an offense under one of the following Penal Code sections, 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 12. Section 161.1031(a), Family Code, is amended to read as follows:

(a) The Department of Family and Protective Services shall obtain a medical history report of a child whose biological [A] parent intends to sign [who signs] an affidavit of voluntary relinquishment of parental rights under Section 161.103. The department shall make every reasonable effort to obtain the report before the parent signs the affidavit or as soon as possible after the parent signs the affidavit. The [regarding a biological child must also prepare a] medical history report must address [that addresses] the medical history of the parent and the parent's ancestors.

SECTION 13. Section 162.005(c), Family Code, is transferred to Section 162.007, Family Code, and redesignated as Section 162.007(e), Family Code, to read as follows:

(e) [(c)] The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.

SECTION 14. The heading to Section 162.006, Family Code, is amended to read as follows:

Sec. 162.006. ACCESS TO HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT; RETENTION [RIGHT TO EXAMINE RECORDS].

SECTION 15. Section 162.007, Family Code, is amended by adding Subsection (f) to read as follows:

(f) Notwithstanding the other provisions of this section, the Department of Family and Protective Services may, in accordance with department rule, modify the form and contents of the health, social, educational, and genetic history report for a child as the department determines appropriate based on:

(1) the relationship between the prospective adoptive parents and the child or the child's birth family;

(2) the provision of the child's case record to the prospective adoptive parents; or

(3) any other factor specified by department rule.

SECTION 16. (a) Sections 162.006(a) and (a-1), Family Code, are redesignated as Section 162.0062, Family Code, and amended to read as follows:

Sec. 162.0062. ACCESS TO INFORMATION. (a) Except as provided by Subsection (c), the prospective adoptive parents of a child are entitled to examine the records and other information relating to the history of the child. 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.

(b) [(a-1)] The records described by Subsection (a) must include any records relating to an investigation of abuse in which the child was an alleged or confirmed victim of sexual abuse while residing in a foster home or other residential child-care facility. If the licensed child-placing agency or other person placing the child for adoption does not have the information required by this subsection, the department, at the request of the licensed child-placing agency or other person placing the child for adoption, shall provide the information to the prospective adoptive parents of the child.

(c) If the prospective adoptive parents of a child have reviewed the health, social, educational, and genetic history report for the child and indicated that they want to proceed with the adoption, the department may, but is not required to, allow the prospective adoptive parents of the child to examine the records and other information relating to the history of the child.

(b) Section 162.018, Family Code, is transferred to Section 162.0062, Family Code, as added by this section, redesignated as Sections 162.0062(d), (e), and (f), Family Code, and amended to read as follows:

(d) [Sec. 162.018. ACCESS TO INFORMATION. (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, licensed child-placing agency, person, or entity placing the child for adoption.

[(b)] The adoptive parents and the adopted child, after the child is an adult, are entitled to receive copies of the records that have been edited to protect the identity of the biological parents and any other person whose identity is confidential and other information relating to the history of the child maintained by the department, licensed child-placing agency, person, or entity placing the child for adoption.

(e) [(c)] It is the duty of the person or entity placing the child for adoption to edit the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

(f) [(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 17. Section 162.304, Family Code, is amended by amending Subsections (a) and (b-1) and adding Subsection (j) to read as follows:

(a) The department shall administer a program to provide adoption assistance for eligible children and enter into adoption assistance agreements with the adoptive parents of a child as authorized by Part E of Title IV of the federal Social Security Act, as amended (42 U.S.C. Section 673).

(b-1) Subject to the availability of funds, the [The] department shall pay a $150 subsidy each month for the premiums for health benefits coverage for a child with respect to whom a court has entered a final order of adoption if the child:

(1) was in the conservatorship of the department at the time of the child's adoptive placement;

(2) after the adoption, is not eligible for medical assistance under Chapter 32, Human Resources Code; and

(3) is younger than 18 years of age.

(j) The department shall keep records necessary to evaluate the adoption assistance program's effectiveness in encouraging and promoting the adoption of children.

SECTION 18. Section 162.3041(d), Family Code, is amended to read as follows:

(d) The department is not required to provide adoption assistance benefits under Subsection (a) or (a-1) unless funds are appropriated to the department specifically for purposes of those subsections. If the legislature does not appropriate sufficient money to provide adoption assistance to the adoptive parents of all children described by Subsection (a), the department shall provide adoption assistance only to the adoptive parents of children described by Subsection (a)(1). [The department is not required to provide adoption assistance benefits under Subsection (a-1) unless the department is specifically appropriated funds for purposes of that subsection.]

SECTION 19. Section 162.308(c), Family Code, is amended to read as follows:

(c) The department, a county child-care or welfare unit, or a licensed child-placing agency may recruit [This section does not prevent or limit the recruitment of] minority families as adoptive families, but the recruitment of minority families may not be a reason to delay placement of a child with an available family of a race or ethnicity different from that of the child.

SECTION 20. Section 261.3021, Family Code, is amended to read as follows:

Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT. Subject to the appropriation of money [for these purposes], the department shall[:

[(1)] identify critical investigation actions that impact child safety and require department caseworkers to document those actions in a child's case file not later than the day after the action occurs[;

[(2) identify and develop a comprehensive set of casework quality indicators that must be reported in real time to support timely management oversight;

[(3) provide department supervisors with access to casework quality indicators and train department supervisors on the use of that information in the daily supervision of caseworkers;

[(4) develop a case tracking system that notifies department supervisors and management when a case is not progressing in a timely manner;

[(5) use current data reporting systems to provide department supervisors and management with easier access to information; and

[(6) train department supervisors and management on the use of data to monitor cases and make decisions].

SECTION 21. Section 261.309(d), Family Code, is amended to read as follows:

(d) The [Unless a civil or criminal court proceeding or an ongoing criminal investigation relating to the alleged abuse or neglect investigated by the department is pending, the] department employee shall conduct the review prescribed by Subsection (c) as soon as possible but not later than the 45th day after the date the department receives the request, unless the department has good cause for extending the deadline. If a civil or criminal court proceeding or an ongoing criminal investigation relating to the alleged abuse or neglect investigated by the department is pending, the department may postpone the review until the court proceeding is completed.

SECTION 22. Section 261.406(b), Family Code, is amended to read as follows:

(b) The department shall send a copy of the completed report of the department's investigation to the Texas Education Agency. On request, the department shall provide a copy of the completed report of the department's investigation to [,] the State Board for Educator Certification, the local school board or the school's governing body, the superintendent of the school district, and the school principal or director, unless the principal or director is alleged to have committed the abuse or neglect, for appropriate action. On request, the department shall provide a copy of the report of investigation to the parent, managing conservator, or legal guardian of a child who is the subject of the investigation and to the person alleged to have committed the abuse or neglect. The report of investigation shall be edited to protect the identity of the persons who made the report of abuse or neglect. Other than the persons authorized by the section to receive a copy of the report, Section 261.201(b) applies to the release of the report relating to the investigation of abuse or neglect under this section and to the identity of the person who made the report of abuse or neglect.

SECTION 23. Section 262.1095(a), Family Code, is amended to read as follows:

(a) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department:

(1) shall provide information as prescribed by this section to each adult the department is able to identify and locate who is:

(A) [is] related to the child within the third degree by consanguinity as determined under Chapter 573, Government Code;

(B) [, or is] an adult relative of the alleged father of the child if [who] the department has a reasonable basis to believe the alleged father is [determines is most likely to be] the child's biological father; and

(C) [(B) is] identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307; and

(2) may provide information as prescribed by this section to each adult the department is able to identify and locate who has a long-standing and significant relationship with the child.

SECTION 24. Section 262.114(b), Family Code, is amended to read as follows:

(b) The department may place a child with a relative or other designated caregiver [individual] identified on the proposed child placement resources form if the department determines that the placement is in the best interest of the child. The department must complete the background and criminal history check and conduct a preliminary evaluation of the relative or other designated caregiver's home before the child is placed with the relative or other designated caregiver. The department may place the child with the relative or designated caregiver [individual] before conducting the [background and criminal history check or] home study required under Subsection (a). Not later than 48 hours after the time that the child is placed with the relative or other designated caregiver, the department shall begin the home study of the relative or other designated caregiver. The department shall complete the home study as soon as possible unless otherwise ordered by a court. The department shall provide a copy of an informational manual required under Section 261.3071 to the relative or other designated caregiver at the time of the child's placement.

SECTION 25. Section 262.115(c), Family Code, is amended to read as follows:

(c) The department shall ensure that a parent who is otherwise entitled to possession of the child has an opportunity to visit the child not later than the fifth [third] day after the date the department is named temporary managing conservator of the child unless:

(1) the department determines that visitation is not in the child's best interest; or

(2) visitation with the parent would conflict with a court order relating to possession of or access to the child.

SECTION 26. Section 262.2015(b), Family Code, is amended to read as follows:

(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 or another child of the parent 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 or another child of the parent 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(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 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 another child of the parent [two other children] have been involuntarily terminated; or

(8) the parent is required under any state or federal law to register with a sex offender registry.

SECTION 27. Section 263.301, Family Code, is redesignated as Section 263.0021, Family Code, and amended to read as follows:

Sec. 263.0021 [263.301]. NOTICE OF HEARING; PRESENTATION OF EVIDENCE. (a) Notice of a [permanency] hearing under this chapter shall be given [as provided by Rule 21a, Texas Rules of Civil Procedure,] to all persons entitled to notice of the hearing.

(b) The following persons are entitled to at least 10 days' notice of a [permanency] hearing under this chapter and are entitled to present evidence and be heard at the hearing:

(1) the department;

(2) the foster parent, preadoptive parent, relative of the child providing care, or director or director's designee of the group home or general residential operation [institution] where the child is residing;

(3) each parent of the child;

(4) the managing conservator or guardian of the child;

(5) an attorney ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;

(6) a guardian ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;

(7) a volunteer advocate appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;

(8) [(7)] the child if:

(A) the child is 10 years of age or older; or

(B) the court determines it is appropriate for the child to receive notice; and

(9) [(8)] any other person or agency named by the court to have an interest in the child's welfare.

(c) Notice of a hearing under this chapter may be given:

(1) as provided by Rule 21a, Texas Rules of Civil Procedure;

(2) in a temporary order following a full adversary hearing;

(3) in an order following a hearing under this chapter;

(4) in open court; or

(5) in any manner that would provide actual notice to a person entitled to notice.

(d) The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee is entitled to at least 10 days' notice of a permanency hearing after final order [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 28. Section 263.004, Family Code, is amended to read as follows:

Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION DECISION-MAKING. (a) Unless the rights and duties of the department under Section 153.371(10) to make decisions regarding the child's education have been limited by court order, the department shall provide to [file with] the court [a report identifying] the name and contact information for each person who has been:

(1) designated by the department to make educational decisions on behalf of the child; and

(2) assigned to serve as the child's surrogate parent in accordance with 20 U.S.C. Section 1415(b) and Section 29.001(10), Education Code, for purposes of decision-making regarding special education services, if applicable.

(b) Not later than the fifth day after the date an adversary hearing under Section 262.201 or [Section] 262.205 is concluded, the information [report] required by Subsection (a) shall be filed with the court and a copy shall be provided to[:

[(1) each person entitled to notice of a permanency hearing under Section 263.301; and

[(2)] the school the child attends.

(c) If a person other than a person identified under [in the report required by] Subsection (a) is designated to make educational decisions or assigned to serve as a surrogate parent, the department shall include the updated information in a permanency progress report filed under Section 263.303 or 263.502 [file with the court an updated report that includes the information required by Subsection (a) for the designated or assigned person]. The updated information [report] must be provided to the school the child attends [filed] not later than the fifth day after the date of designation or assignment.

SECTION 29. Subchapter A, Chapter 263, Family Code, is amended by adding Sections 263.010 and 263.011 to read as follows:

Sec. 263.010. TESTIMONY IN CERTAIN HEARINGS. Sections 104.002, 104.003, 104.004, 104.005, and 104.006 do not apply to testimony given in a hearing conducted under this chapter if the testimony is not used as evidence.

Sec. 263.011. CHILD'S RIGHT TO ATTEND AND PARTICIPATE IN HEARINGS. A child, regardless of age, must be allowed to attend or participate in a hearing conducted under this chapter in which the child is the subject of the hearing.

SECTION 30. Section 263.101, Family Code, is amended to read as follows:

Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Except as provided by Section 262.2015, not [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 31. 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) specify the primary permanency goal and at least one alternative permanency goal [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 32. Section 263.302, Family Code, is amended to read as follows:

Sec. 263.302. CHILD'S ATTENDANCE AT PERMANENCY HEARING. (a) There is a rebuttable presumption that it is in the best interest of the child for the child to attend each permanency hearing in person.

(b) On request of the department or the attorney ad litem appointed for the child or on the court's own motion, the court may excuse the child's attendance at a permanency hearing. The request must state the reasons for waiving the child's attendance and be submitted to the court and all parties entitled to notice of the permanency hearing not later than the 14th day before the date of the hearing. The department, a parent of the child, the attorney for that parent, or the child's attorney ad litem or guardian ad litem may submit a response to the request to excuse the child's attendance not later than the 10th day before the date of the hearing. In the absence of a timely response or court order denying the request, the request is considered granted.

(c) In determining whether to excuse the child's attendance, the court shall consider all relevant factors, including:

(1) the child's wishes;

(2) any transportation barriers to the child's attendance;

(3) information from the department, including:

(A) whether the child will be required to be absent from school or a significant school-related event or activity; and

(B) whether the child has any medical, mental, or behavioral health issue that could cause potential harm to the child or others;

(4) whether the condition of the court's docket for the date of the hearing will be a barrier to meaningful participation by the child; and

(5) any other factor relevant to the child's best interest.

(d) If the child's attendance in person at a permanency hearing is excused, on the child's request or the court's own motion, the child may attend the permanency hearing by telephone, videoconference, or other means of electronic communication approved by the court or the child may submit a written statement or prerecorded video statement to the court.

(e) The court shall consult, in a developmentally appropriate manner, with each child attending a permanency hearing in person unless the court finds that it is not in the child's best interest. The court shall consider whether in-chambers consultation is in the child's best interest.

(f) [The child shall attend each permanency hearing unless the court specifically excuses the child's attendance.] A child committed to the Texas Department of Juvenile Justice [Youth Commission] may attend a permanency hearing in person, by telephone, or by videoconference.

(g) [The court shall consult with the child in a developmentally appropriate manner regarding the child's permanency plan, if the child is four years of age or older and if the court determines it is in the best interest of the child.] Failure by the child to attend a permanency hearing does not affect the validity of an order rendered at the hearing.

SECTION 33. Section 263.3025(a), Family Code, is amended to read as follows:

(a) The department shall prepare a permanency plan for a child for whom the department has been appointed temporary managing conservator. The department shall give a copy of the plan to each person entitled to notice under Section 263.0021(b) [263.301(b)] not later than the 10th day before the date of the child's first permanency hearing.

SECTION 34. Section 263.303, Family Code, is amended to read as follows:

Sec. 263.303. PERMANENCY PROGRESS REPORT BEFORE FINAL ORDER. (a) Not later than the 10th day before the date set for each permanency hearing before a final order is rendered [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 contain:

(1) information necessary for the court to conduct the permanency hearing and make its findings and determinations under Section 263.306 [recommend that the suit be dismissed]; [or]

(2) information on significant events; and

(3) any additional information the department determines is appropriate or that is requested by the court and relevant to the court's findings and determinations under Section 263.306 [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 Youth Commission or released under supervision by the Texas Youth Commission:

[(i) evaluate whether the child's needs for treatment and education are being met;

[(ii) describe, using information provided by the Texas Youth Commission, the child's progress in any rehabilitation program administered by the Texas 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 this section [Subsection (b)]. A response must be filed not later than the third day before the date of the hearing.

SECTION 35. The heading to Section 263.306, Family Code, is amended to read as follows:

Sec. 263.306. PERMANENCY HEARINGS BEFORE FINAL ORDER [: PROCEDURE].

SECTION 36. Section 263.306, Family Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) At each permanency hearing before a final order is rendered, the court shall:

(1) identify all persons and parties present at the hearing;

(2) review the efforts of the department or other agency in:

(A) locating and requesting service of citation on all persons entitled to service of citation under Section 102.009; and

(B) 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 extent of the parties' compliance with temporary orders and the service plan and the extent progress has been made toward alleviating or mitigating the causes necessitating the placement of the child in foster care;

(4) review the permanency progress report to determine:

(A) the safety and well-being of the child;

(B) the continuing necessity and appropriateness of the placement of the child, including with respect to a child who has been placed outside of this state, whether the placement continues to be in the best interest of the child;

(C) the appropriateness of the primary and alternative permanency goals for the child developed in accordance with department rule and whether the department has made reasonable efforts to finalize the permanency plan, including the concurrent permanency goals, in effect for the child;

(D) whether the child has been provided the opportunity, in a developmentally appropriate manner, to express the child's opinion on any medical care provided;

(E) for a child receiving psychotropic medication, whether the child:

(i) has been provided appropriate nonpharmacological interventions, therapies, or strategies to meet the child's needs; or

(ii) has been seen by the prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days;

(F) whether an education decision-maker for the child has been identified, the child's education needs and goals have been identified and addressed, and there have been major changes in the child's school performance or there have been serious disciplinary events;

(G) for a child 14 years of age or older, whether services that are needed to assist the child in transitioning from substitute care to independent living are available in the child's community; and

(H) for a child whose permanency goal is another planned permanent living arrangement:

(i) the desired permanency outcome for the child, by asking the child; and

(ii) whether, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and, if so, provide compelling reasons why it continues to not be in the best interest of the child to:

(a) return home;

(b) be placed for adoption;

(c) be placed with a legal guardian; or

(d) be placed with a fit and willing relative;

(5) determine whether to return the child to the child's parents if the child's 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) estimate a likely date by which the child may be returned to and safely maintained in the child's home, placed for adoption, or placed in permanent managing conservatorship; and

(7) announce in open court the dismissal date and the date of any upcoming hearings.

SECTION 37. The heading to Section 263.401, Family Code, is amended to read as follows:

Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; EXTENSION.

SECTION 38. Section 263.401, Family Code, is amended by amending Subsections (a) and (c) and adding Subsection (b-1) to read as follows:

(a) Unless the court has commenced the trial on the merits or granted an extension under Subsection (b) or (b-1), on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator, the court shall dismiss the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named conservator of the child.

(b-1) If, after commencement of the initial trial on the merits within the time required by Subsection (a) or (b), the court grants a motion for a new trial or mistrial, or the case is remanded to the court by an appellate court following an appeal of the court's final order, the court shall retain the suit on the court's docket and render an order in which the court:

(1) schedules a new date on which the suit will be dismissed if the new trial has not commenced, which must be a date not later than the 180th day after the date on which:

(A) the motion for a new trial or mistrial is granted; or

(B) the appellate court remanded the case;

(2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and

(3) sets the new trial on the merits for a date not later than the date specified under Subdivision (1).

(c) If the court grants an extension under Subsection (b) or (b-1) but does not commence the trial on the merits before the dismissal [required] date [for dismissal under Subsection (b)], the court shall dismiss the suit. The court may not grant an additional extension that extends the suit beyond the required date for dismissal under Subsection (b) or (b-1), as applicable.

SECTION 39. The heading to Subchapter F, Chapter 263, Family Code, is amended to read as follows:

SUBCHAPTER F. PERMANENCY [PLACEMENT REVIEW] HEARINGS AFTER

FINAL ORDER

SECTION 40. The heading to Section 263.501, Family Code, is amended to read as follows:

Sec. 263.501. PERMANENCY HEARING [PLACEMENT REVIEW] AFTER FINAL ORDER.

SECTION 41. Sections 263.501(a), (b), (c), (f), and (g), Family Code, are amended to read as follows:

(a) If the department has been named as a child's managing conservator in a final order that does not include termination of parental rights, the court shall conduct a permanency [placement review] hearing after the final order is rendered at least once every six months until the department is no longer the child's managing conservator [child becomes an adult].

(b) If the department has been named as a child's managing conservator in a final order that terminates a parent's parental rights, the court shall conduct a permanency [placement review] hearing not later than the 90th day after the date the court renders the final order. The court shall conduct additional permanency [placement review] hearings at least once every six months until the department is no longer the child's managing conservator [date the child is adopted or the child becomes an adult].

(c) Notice of each permanency [a placement review] hearing shall be given as provided by Section 263.0021 [Rule 21a, Texas Rules of Civil Procedure,] to each person entitled to notice of the hearing.

(f) The child shall attend each permanency [placement review] hearing in accordance with Section 263.302 [unless the court specifically excuses the child's attendance. A child committed to the Texas Youth Commission may attend a placement review hearing in person, by telephone, or by videoconference. The court shall consult with the child in a developmentally appropriate manner regarding the child's permanency or transition plan, if the child is four years of age or older. Failure by the child to attend a hearing does not affect the validity of an order rendered at the hearing].

(g) A court required to conduct permanency [placement review] hearings for a child for whom the department has been appointed permanent managing conservator may not dismiss a suit affecting the parent-child relationship filed by the department regarding the child while the child is committed to the Texas Juvenile Justice Department [Youth Commission] or released under the supervision of the Texas Juvenile Justice Department [Youth Commission], unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than the department.

SECTION 42. The heading to Section 263.502, Family Code, is amended to read as follows:

Sec. 263.502. PERMANENCY PROGRESS [PLACEMENT REVIEW] REPORT AFTER FINAL ORDER.

SECTION 43. Section 263.502, Family Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:

(a) Not later than the 10th day before the date set for a permanency [placement review] hearing after a final order is rendered, the department or other authorized agency shall file a permanency progress [placement review] report with the court and provide a copy to each person entitled to notice under Section 263.0021 [263.501(d)].

(a-1) The permanency progress report must contain:

(1) information necessary for the court to conduct the permanency hearing and make its findings and determinations under Section 263.5031;

(2) information on significant events; and

(3) any additional information the department determines is appropriate or that is requested by the court and relevant to the court's findings and determinations under Section 263.5031.

(a-2) For good cause shown, the court may:

(1) order a different deadline for filing the permanency progress report; or

(2) waive the reporting requirement for a specific hearing.

SECTION 44. Subchapter F, Chapter 263, Family Code, is amended by adding Section 263.5031 to read as follows:

Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. At each permanency hearing after the court renders a final order, the court shall:

(1) identify all persons and parties present at the hearing;

(2) review the efforts of the department or other agency in notifying persons entitled to notice under Section 263.0021; and

(3) review the permanency progress report to determine:

(A) the safety and well-being of the child;

(B) the continuing necessity and appropriateness of the placement of the child, including with respect to a child who has been placed outside of this state, whether the placement continues to be in the best interest of the child;

(C) if the child is placed in institutional care, whether efforts have been made to ensure that the child is placed in the least restrictive environment consistent with the child's best interest and special needs;

(D) the appropriateness of the primary and alternative permanency goals for the child, whether the department has made reasonable efforts to finalize the permanency plan, including the concurrent permanency goals, in effect for the child, and whether:

(i) the department 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; or

(ii) another permanent placement, including appointing a relative as permanent managing conservator or returning the child to a parent, is appropriate for the child;

(E) for a child whose permanency goal is another planned permanent living arrangement:

(i) the desired permanency outcome for the child, by asking the child; and

(ii) whether, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and, if so, provide compelling reasons why it continues to not be in the best interest of the child to:

(a) return home;

(b) be placed for adoption;

(c) be placed with a legal guardian; or

(d) be placed with a fit and willing relative;

(F) if the child is 14 years of age or older, whether services that are needed to assist the child in transitioning from substitute care to independent living are available in the child's community;

(G) whether the child is receiving appropriate medical care and has been provided the opportunity, in a developmentally appropriate manner, to express the child's opinion on any medical care provided;

(H) for a child receiving psychotropic medication, whether the child:

(i) has been provided appropriate nonpharmacological interventions, therapies, or strategies to meet the child's needs; or

(ii) has been seen by the prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days;

(I) whether an education decision-maker for the child has been identified, the child's education needs and goals have been identified and addressed, and there are major changes in the child's school performance or there have been serious disciplinary events;

(J) for a child for whom the department has been named managing conservator in a final order that does not include termination of parental rights, whether to order the department to provide services to a parent for not more than six months after the date of the permanency hearing if:

(i) the child has not been placed with a relative or other individual, including a foster parent, who is seeking permanent managing conservatorship of the child; and

(ii) the court determines that further efforts at reunification with a parent are:

(a) in the best interest of the child; and

(b) likely to result in the child's safe return to the child's parent; and

(K) whether the department has identified a family or other caring adult who has made a permanent commitment to the child.

SECTION 45. The heading to Section 264.002, Family Code, is amended to read as follows:

Sec. 264.002. SPECIFIC APPROPRIATION REQUIRED [DUTIES OF DEPARTMENT].

SECTION 46. Section 264.002(e), Family Code, is amended to read as follows:

(e) The department may not spend state funds to accomplish the purposes of this subtitle [chapter] unless the funds have been specifically appropriated for those purposes.

SECTION 47. Subchapter A, Chapter 264, Family Code, is amended by adding Section 264.017 to read as follows:

Sec. 264.017. REQUIRED REPORTING. (a) The department shall prepare and disseminate a report of statistics by county relating to key performance measures and data elements for child protection.

(b) The department shall provide the report required by Subsection (a) to the legislature and shall publish the report and make the report available electronically to the public not later than February 1 of each year. The report must include, with respect to the preceding year:

(1) information on the number and disposition of reports of child abuse and neglect received by the department;

(2) information on the number of clients for whom the department took protective action, including investigations, alternative responses, and court-ordered removals;

(3) information on the number of clients for whom the department provided services in each program administered by the child protective services division, including investigations, alternative responses, family-based safety services, conservatorship, post-adoption services, and transitional living services;

(4) the number of children in this state who died as a result of child abuse or neglect;

(5) the number of children described by Subdivision (4) for whom the department was the children's managing conservator at the time of death;

(6) information on the timeliness of the department's initial contact in an investigation or alternative response;

(7) information on the response time by the department in commencing services to families and children for whom an allegation of child abuse or neglect has been made;

(8) information regarding child protection staffing and caseloads by program area;

(9) information on the permanency goals in place and achieved for children in the managing conservatorship of the department, including information on the timeliness of achieving the goals; and

(10) the number of children who suffer from a severe emotional disturbance and for whom the department is appointed managing conservator, including statistics on appointments as joint managing conservator, due to an individual voluntarily relinquishing custody of a child solely to obtain mental health services for the child.

(c) Not later than September 1 of each year, the department shall seek public input regarding the usefulness of, and any proposed modifications to, existing reporting requirements and proposed additional reporting requirements. The department shall evaluate the public input provided under this subsection and seek to facilitate reporting to the maximum extent feasible within existing resources and in a manner that is most likely to assist public understanding of department functions.

(d) In addition to the information required under Subsections (a) and (b), the department shall annually publish information on the number of children who died during the preceding year whom the department determined had been abused or neglected but whose death was not the result of the abuse or neglect. The department may publish the information described by this subsection in the same report required by Subsection (a) or in another annual report published by the department.

SECTION 48. Section 264.101(a), Family Code, is amended to read as follows:

(a) The department may pay the cost of foster care for a child only if:

(1) the child [for whom the department has initiated a suit and has been named managing conservator under an order rendered under this title, who is a resident of the state, and who] has been placed by the department in a foster home or other residential child-care facility [institution], as defined by Chapter 42, Human Resources Code, or in a comparable residential facility in another state; and [or]

(2) the department:

(A) has initiated suit and been named conservator of the child; or

(B) has the duty of care, control, and custody after taking possession of the child in an emergency without a prior court order as authorized by this subtitle [who is under the placement and care of a state agency or political subdivision with which the department has entered into an agreement to reimburse the cost of care and supervision of the child].

SECTION 49. Section 264.107, Family Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) The department shall use an [the standard] application or assessment developed by the department in coordination with interested parties for the placement of children in contract residential care [as adopted and maintained by the Health and Human Services Commission].

(b-1) Notwithstanding Subsection (b), the department shall use the standard application for the placement of children in contract residential care as adopted and maintained by the Health and Human Services Commission until the department develops an application or assessment under Subsection (b). Subject to the availability of funds, the department shall develop the application or assessment not later than December 1, 2016. This subsection expires September 1, 2017.

SECTION 50. 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 disabilities or mental retardation;

[(2) a local mental retardation authority; or

[(3) a provider in a county with a local child welfare board.]

SECTION 51. The heading to Section 264.110, Family Code, is amended to read as follows:

Sec. 264.110. PROSPECTIVE FOSTER OR ADOPTIVE PARENT STATEMENT [REGISTRY].

SECTION 52. Section 264.110(d), Family Code, is amended to read as follows:

(d) Before a child may be placed with a foster or adoptive parent [person under this section], the prospective foster or adoptive parent [person] must sign a written statement in which the prospective foster or adoptive parent [person] agrees to the immediate removal of the child by the department under circumstances determined by the department.

SECTION 53. Section 264.114, Family Code, is amended by adding Subsection (c) to read as follows:

(c) A foster parent, relative or other designated caregiver, or other substitute care provider caring for a child in the department's managing conservatorship is not liable for harm caused to the child that results from the child's participation in an activity approved by the caregiver if the caregiver acted according to the standard of a reasonable and prudent parent in approving the child's participation in the activity.

SECTION 54. Section 264.121, Family Code, is amended by amending Subsection (e) and adding Subsection (e-2) to read as follows:

(e) The department shall ensure that each youth acquires a copy or a certified copy, according to the youth's preference, of the youth's birth certificate, a social security card or replacement social security card, as appropriate, and a personal identification certificate under Chapter 521, Transportation Code, on or before the date on which the youth turns 16 years of age. The department shall designate one or more employees in the Preparation for Adult Living Program as the contact person to assist a youth who has not been able to obtain the documents described by this subsection in a timely manner from the youth's primary caseworker. The department shall ensure that:

(1) all youth who are age 16 or older are provided with the contact information for the designated employees; and

(2) a youth who misplaces a document provided under this subsection receives assistance in obtaining a replacement document or information on how to obtain a duplicate copy, as appropriate.

(e-2) When providing a youth with a document required by Subsection (e-1), the department shall provide the youth with a copy or a certified copy of the document or with the original document, as applicable, according to the youth's preference.

SECTION 55. Section 264.014, Family Code, is transferred to Section 264.121, Family Code, redesignated as Section 264.121(e-1), Family Code, and amended to read as follows:

(e-1) [Sec. 264.014. PROVISION OF COPIES OF CERTAIN RECORDS.] If, at the time a youth [child] is discharged from foster care, the youth [child] is at least 18 years of age or has had the disabilities of minority removed, the department shall provide to the youth [child], not later than the 30th day before the date the youth [child] is discharged from foster care, the following information and documents unless the youth already has the information or document [a copy of]:

(1) the youth's [child's] birth certificate;

(2) the youth's [child's] immunization records;

(3) the information contained in the youth's [child's] health passport;

(4) a personal identification certificate under Chapter 521, Transportation Code;

(5) a social security card or a replacement social security card, if appropriate; and

(6) proof of enrollment in Medicaid, if appropriate.

SECTION 56. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.126 to read as follows:

Sec. 264.126. REDESIGN IMPLEMENTATION PLAN. (a) The department shall develop and maintain a plan for implementing the foster care redesign required by Chapter 598 (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011. The plan must:

(1) describe the department's expectations, goals, and approach to implementing foster care redesign;

(2) include a timeline for implementing the foster care redesign throughout this state and any limitations related to the implementation;

(3) delineate and define the case management roles and responsibilities of the department and the department's contractors;

(4) identify any training needs and include long-range and continuous plans for training and cross-training staff;

(5) include a plan for evaluating the costs and tasks associated with each contract procurement;

(6) include the department's contract monitoring approach and a plan for evaluating the performance of each contractor and the foster care redesign system as a whole; and

(7) include a report on transition issues resulting from implementation of the foster care redesign.

(b) The department shall annually:

(1) update the implementation plan developed under this section and post the updated plan on the department's Internet website; and

(2) post on the department's Internet website the progress the department has made toward its goals for implementing the foster care redesign.

SECTION 57. The heading to Section 264.207, Family Code, is amended to read as follows:

Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION [DEPARTMENT PLANNING AND ACCOUNTABILITY].

SECTION 58. Section 264.207(a), Family Code, is amended to read as follows:

(a) The department must complete [shall adopt policies that provide for the improvement of the department's services for children and families, including policies that provide for conducting] a home study before [within four months after] the date an applicant is approved for an adoption [and documenting the results of the home study within 30 days after the date the study is completed. The policies adopted under this section must:

[(1) be designed to increase the accountability of the department to individuals who receive services and to the public; and

[(2) assure consistency of services provided by the department in the different regions of the state].

SECTION 59. Section 264.302(e), Family Code, is amended to read as follows:

(e) The department shall provide services for a child and the child's family if a contract to provide services under this section is available in the county and the child is referred to the department as an at-risk child by:

(1) [a court under Section 264.304;

[(2)] a juvenile court or probation department as part of a progressive sanctions program under Chapter 59;

(2) [(3)] a law enforcement officer or agency under Section 52.03; or

(3) [(4)] a justice or municipal court under Article 45.057, Code of Criminal Procedure.

SECTION 60. The heading to Chapter 265, Family Code, is amended to read as follows:

CHAPTER 265. PREVENTION AND [EARLY] INTERVENTION SERVICES

SECTION 61. Chapter 265, Family Code, is amended by designating Sections 265.001 through 265.004 as Subchapter A and adding a subchapter heading to read as follows:

SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES

SECTION 62. Subchapter A, Chapter 265, Family Code, as added by this Act, is amended by adding Section 265.005 to read as follows:

Sec. 265.005. STRATEGIC PLAN. (a) The department shall develop and implement a five-year strategic plan for prevention and early intervention services. Not later than September 1 of the last fiscal year in each five-year period, the department shall issue a new strategic plan for the next five fiscal years beginning with the following fiscal year.

(b) A strategic plan required under this section must:

(1) identify methods to leverage other sources of funding or provide support for existing community-based prevention efforts;

(2) include a needs assessment that identifies programs to best target the needs of the highest risk populations and geographic areas;

(3) identify the goals and priorities for the department's overall prevention efforts;

(4) report the results of previous prevention efforts using available information in the plan;

(5) identify additional methods of measuring program effectiveness and results or outcomes;

(6) identify methods to collaborate with other state agencies on prevention efforts; and

(7) identify specific strategies to implement the plan and to develop measures for reporting on the overall progress toward the plan's goals.

(c) The department shall coordinate with interested parties and communities in developing the strategic plan under this section.

(d) The department shall annually update the strategic plan developed under this section.

(e) The department shall post the strategic plan developed under this section and any update to the plan on its Internet website.

SECTION 63. Subchapter D, Chapter 40, Human Resources Code, is transferred to Chapter 265, Family Code, redesignated as Subchapter B, Chapter 265, Family Code, and amended to read as follows:

SUBCHAPTER B [D]. CHILD ABUSE AND NEGLECT PRIMARY

PREVENTION PROGRAMS

Sec. 265.051 [40.101]. DEFINITIONS. In this subchapter:

(1) "Children's trust fund" means a child abuse and neglect primary prevention program.

(2) "Primary prevention" means services and activities available to the community at large or to families to prevent child abuse and neglect before it occurs, including an infant mortality prevention education program.

(3) "Operating fund" means the Department of Family and Protective [and Regulatory] Services child abuse and neglect prevention operating fund account.

(4) "State agency" means a board, commission, department, office, or other state agency that:

(A) is in the executive branch of the state government;

(B) was created by the constitution or a statute of this state; and

(C) has statewide jurisdiction.

(5) "Trust fund" means the child abuse and neglect prevention trust fund account.

Sec. 265.052 [40.102]. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS. (a) The department shall operate the children's trust fund to:

(1) set policy, offer resources for community primary prevention programs, and provide information and education on prevention of child abuse and neglect;

(2) develop a state plan for expending funds for child abuse and neglect primary prevention programs that includes an annual schedule of transfers of trust fund money to the operating fund;

(3) develop eligibility criteria for applicants requesting funding for child abuse and neglect primary prevention programs; and

(4) establish funding priorities for child abuse and neglect primary prevention programs.

(b) The children's trust fund shall accommodate the department's existing rules and policies in procuring, awarding, and monitoring contracts and grants.

(c) The department may:

(1) apply for and receive funds made available by the federal government or another public or private source for administering programs under this subchapter and for funding for child abuse and neglect primary prevention programs; and

(2) solicit donations for child abuse and neglect primary prevention programs.

Sec. 265.053 [40.104]. ADMINISTRATIVE AND OTHER COSTS. (a) Administrative costs under this subchapter during any fiscal year may not exceed an amount equal to 50 percent of the interest credited to the trust fund during the preceding fiscal year.

(b) Funds expended under a special project grant from a governmental source or a nongovernmental source for public education or public awareness may not be counted as administrative costs for the purposes of this section.

Sec. 265.054 [40.105]. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention trust fund account is an account in the general revenue fund. Money in the trust fund is dedicated to child abuse and neglect primary prevention programs.

(b) The department may transfer money contained in the trust fund to the operating fund at any time. However, during a fiscal year the department may not transfer more than the amount appropriated for the operating fund for that fiscal year. Money transferred to the operating fund that was originally deposited to the credit of the trust fund under Section 118.022, Local Government Code, may be used only for child abuse and neglect primary prevention programs.

(c) Interest earned on the trust fund shall be credited to the trust fund.

(d) The trust fund is exempt from the application of Section 403.095, Government Code.

(e) All marriage license fees and other fees collected for and deposited in the trust fund and interest earned on the trust fund balance shall be appropriated each biennium only to the operating fund for [primary] child abuse and neglect primary prevention programs.

Sec. 265.055 [40.106]. DEPARTMENT OPERATING FUND ACCOUNT. (a) The [Department of Protective and Regulatory Services child abuse and neglect prevention] operating fund account is an account in the general revenue fund.

(b) Administrative and other costs allowed in Section 265.053 [40.104] shall be taken from the operating fund. The department may transfer funds contained in the operating fund to the trust fund at any time.

(c) The legislature may appropriate the money in the operating fund to carry out the provisions of this subchapter.

(d) The operating fund is exempt from the application of Section 403.095, Government Code.

Sec. 265.056 [40.107]. CONTRIBUTIONS. (a) The department may solicit contributions from any appropriate source.

(b) Any other contributions for child abuse and neglect primary prevention or other prevention and early intervention programs shall be deposited into a separate designated fund in the state treasury and shall be used for that designated purpose.

(c) A person may contribute funds to either the trust fund, the operating fund, or a fund designated by the department for a specific child abuse and neglect primary prevention or other prevention or early intervention purpose.

(d) If a person designates that a contribution is intended as a donation to a specific fund, the contribution shall be deposited in the designated fund.

SECTION 64. Section 266.004, Family Code, is amended by amending Subsections (e) and (f) and adding Subsection (k) to read as follows:

(e) The department, a person authorized to consent to medical care under Subsection (b), the child's parent if the parent's rights have not been terminated, a guardian ad litem or attorney ad litem if one has been appointed, or the person providing foster care to the child may petition the court for any order related to medical care for a foster child that the department or other person believes is in the best interest of the child. Notice of the petition must be given to each person entitled to notice under Section 263.0021(b) [263.301(b)].

(f) If a physician who has examined or treated the foster child has concerns regarding the medical care provided to the foster child, the physician may file a letter with the court stating the reasons for the physician's concerns. The court shall provide a copy of the letter to each person entitled to notice under Section 263.0021(b) [263.301(b)].

(k) The department may consent to health care services ordered or prescribed by a health care provider authorized to order or prescribe health care services regardless of whether the services are provided under the medical assistance program under Chapter 32, Human Resources Code, if the department otherwise has the authority under this section to consent to health care services.

SECTION 65. Section 266.010(b), Family Code, is amended to read as follows:

(b) A court with continuing jurisdiction may make the determination regarding the foster child's capacity to consent to medical care during a hearing under Chapter 263 or may hold a hearing to make the determination on its own motion. The court may issue an order authorizing the child to consent to all or some of the medical care as defined by Section 266.001. In addition, a foster child who is at least 16 years of age, or the foster child's attorney ad litem, may file a petition with the court for a hearing. If the court determines that the foster child lacks the capacity to consent to medical care, the court may consider whether the foster child has acquired the capacity to consent to medical care at subsequent hearings under Section 263.5031 [263.503].

SECTION 66. Sections 411.114(a)(3) and (7), Government Code, are 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 with respect to whom the Department of Family and Protective Services determines obtaining a criminal history record is necessary to ensure the safety or welfare of a child, elderly person, or person with a disability [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;

[(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;

[(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;

[(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

[(T) a person who volunteers to supervise visitation under Subchapter B, Chapter 263, Family Code].

(7) The Department of Family and Protective Services is not prohibited from releasing criminal history record information obtained under this subsection to:

(A) the person who is the subject of the criminal history record information;

(B) a child-care facility, child-placing agency, or family home listed in Subdivision (2) that employs or is considering employing the person who is the subject of the criminal history record information;

(C) a person or business entity described by Subdivision (2)(E) [or (3)] who uses or intends to use the services of the volunteer or employs or is considering employing the person who is the subject of the criminal history record information;

(D) a person or business entity who uses or intends to use the volunteer services of or who employs or is considering employing the person who is the subject of the criminal history record if the release of the record is related to the purpose for which the record was obtained under Subdivision (3);

(E) an adult who resides with an alleged victim of abuse, neglect, or exploitation of a child, elderly person, or person with a disability and who also resides with the alleged perpetrator of that abuse, neglect, or exploitation if:

(i) the alleged perpetrator is the subject of the criminal history record information; and

(ii) the Department of Family and Protective Services determines that the release of information to the adult is necessary to ensure the safety or welfare of the alleged victim or the adult; or

(F) [(E)] an elderly or disabled person who is an alleged victim of abuse, neglect, or exploitation and who resides with the alleged perpetrator of that abuse, neglect, or exploitation if:

(i) the alleged perpetrator is the subject of the criminal history record information; and

(ii) the Department of Family and Protective Services determines that the release of information to the elderly or disabled person or adult is necessary to ensure the safety or welfare of the elderly or disabled person.

SECTION 67. Section 40.030, Human Resources Code, is amended to read as follows:

Sec. 40.030. ADVISORY COMMITTEES. (a) The executive commissioner or the executive commissioner's designee may appoint advisory committees in accordance with Chapter 2110, Government Code.

(b) The executive commissioner shall adopt rules, in compliance with Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by the department. The rules may include provisions governing:

(1) an advisory committee's size and quorum requirements;

(2) qualifications for membership of an advisory committee, including requirements relating to experience and geographic representation;

(3) appointment procedures for an advisory committee;

(4) terms for advisory committee members; and

(5) compliance with Chapter 551, Government Code.

SECTION 68. Section 40.037(a), Human Resources Code, is amended to read as follows:

(a) The department shall develop and implement a training program that each employee who is newly hired or promoted to a management position in the child protective services division must complete as soon as is practicable, but not later than the 60th day after the date the employee is hired or promoted to [before the employee begins serving in] the management position.

SECTION 69. Section 40.0524(a), Human Resources Code, is amended to read as follows:

(a) In a jurisdiction for which a children's advocacy center has not been established under Section 264.402, Family Code, the department shall, to [To] the extent possible, [the department shall] establish multidisciplinary teams to provide services relating to a report of child abuse or neglect. A multidisciplinary team shall include professionals in parent education and in each professional discipline necessary to provide comprehensive medical and psychological services to a child who is the subject of a report and to members of the child's household.

SECTION 70. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.05275 to read as follows:

Sec. 40.05275. ANNUAL BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES. (a) The department shall develop and implement an annual business plan for the child protective services program to prioritize the department's activities and resources to improve the program.

(b) The department shall coordinate with the department's regional staff in developing the annual business plan under this section.

(c) The annual business plan developed under this section must include:

(1) long-term and short-term performance goals;

(2) identification of priority projects and ongoing initiatives that are clearly linked to established goals; and

(3) a statement of staff expectations that includes identification of:

(A) the person or team responsible for each project;

(B) the specific tasks and deliverables expected;

(C) the resources needed to accomplish each project;

(D) a time frame for the completion of each deliverable and project; and

(E) the expected outcome for each project and the method and procedure for measuring the outcome to ensure effective evaluation for each project.

(d) Not later than October 1 of each year, the department shall submit the annual business plan developed under this section to the governor, lieutenant governor, speaker of the house of representatives, and chairs of the standing committees of the senate and house of representatives having primary jurisdiction over child protection issues.

SECTION 71. The heading to Section 40.0528, Human Resources Code, is amended to read as follows:

Sec. 40.0528. GOALS FOR ANNUAL BUSINESS [COMPREHENSIVE STAFFING AND WORKLOAD DISTRIBUTION] PLAN FOR CHILD PROTECTIVE SERVICES; REPORTING CASELOAD INFORMATION.

SECTION 72. Section 40.0528(a), Human Resources Code, is amended to read as follows:

(a) The department shall consider the following goals in developing the annual business plan required under Section 40.05275 [develop and implement a staffing and workload distribution plan] for the child protective services program [to]:

(1) reducing [reduce] caseloads;

(2) enhancing [enhance] accountability;

(3) improving [improve] the quality of investigations;

(4) eliminating [eliminate] delays; and

(5) ensuring [ensure] the most efficient and effective use of child protective services staff and resources.

SECTION 73. Chapter 54, Human Resources Code, is transferred to Subchapter C, Chapter 40, Human Resources Code, redesignated as Section 40.075, Human Resources Code, and amended to read as follows:

[CHAPTER 54. PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF PROTECTIVE

AND REGULATORY SERVICES]

Sec. 40.075 [54.001]. PROTECTIVE ORDERS. (a) The executive commissioner [Department of Protective and Regulatory Services] shall adopt rules to provide procedures for the filing of protective orders for the protection of a member of a family or household under Title 4 [as provided by Section 71.04], Family Code.

(b) [Sec. 54.002. NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD MEMBER.] The department [Department of Protective and Regulatory Services] shall provide prior notice to a nonabusive parent or adult member of a household of the department's intent to file an application for a protective order for a child or older person and shall request the assistance of the person receiving the notice in developing a safety plan for household members and the child or older person for whom the order is sought. The department shall exercise reasonable safety precautions to protect a nonabusive parent or other member of a household while providing notice and requesting assistance under this section.

SECTION 74. Section 42.048(f), Human Resources Code, is amended to read as follows:

(f) A license must be issued if the department determines that a facility meets all requirements. The evaluation shall be based on one or more visits to the facility and a review of required forms and records. A license is valid until the license expires, is revoked, or is surrendered.

SECTION 75. Section 42.050, Human Resources Code, is amended to read as follows:

Sec. 42.050. LICENSE RENEWAL. (a) A license holder may apply for renewal of a [new] license in compliance with the requirements of this chapter and department [the] rules [promulgated by the department].

(b) The application for renewal of a [new] license must be completed and decided on by the department before the expiration of the license under which a facility is operating.

(c) The department shall evaluate the application for renewal of a [new] license to determine if all licensing requirements are met. The evaluation may include a specified number of visits to the facility and must include a review of all required forms and records.

(d) The executive commissioner shall adopt rules governing the license renewal process for all licenses issued under this chapter. The rules must include:

(1) renewal periods;

(2) a process for staggered renewals;

(3) a process for resolving a late application for renewal;

(4) expiration dates; and

(5) conditions for renewal.

SECTION 76. Section 42.052, Human Resources Code, is amended by amending Subsections (a) and (e) and adding Subsections (e-1) and (f-1) to read as follows:

(a) A state-operated child-care facility or child-placing agency must receive certification of approval from the department. The certification of approval remains valid until the certification expires, is revoked, or is surrendered.

(e) A registration [or listing] remains valid until the registration expires, is revoked, or is surrendered. The operator of a registered home must display the registration in a prominent place at the home.

(e-1) A listing remains valid until the listing is revoked or surrendered.

(f-1) The executive commissioner shall adopt rules governing the certification and registration renewal process for all certifications and registrations issued under this chapter. The rules must include:

(1) renewal periods;

(2) a process for staggered renewals;

(3) a process for resolving a late application for renewal;

(4) expiration dates; and

(5) conditions for renewal.

SECTION 77. Section 42.054, Human Resources Code, is amended by amending Subsections (a), (b), (c), (d), and (e) and adding Subsection (h) to read as follows:

(a) The department shall charge an applicant a nonrefundable application fee [of $35] for an initial license to operate a child-care facility or a child-placing agency.

(b) The department shall charge each child-care facility a fee [of $35] for an initial license. The department shall charge each child-placing agency a fee [of $50] for an initial license.

(c) The department shall charge each licensed child-care facility an annual license fee [in the amount of $35 plus $1 for each child the child-care facility is permitted to serve]. The fee is due on the date on which the department issues the child-care facility's initial license and on the anniversary of that date.

(d) The department shall charge each licensed child-placing agency an annual license fee [of $100]. The fee is due on the date on which the department issues the child-placing agency's initial license and on the anniversary of that date.

(e) The department shall charge each family home that is listed or registered with the department an annual fee [to cover a part of the department's cost in regulating family homes. The amount of the fee is $20 for a listed home or $35 for a registered home]. The fee is due on the date on which the department initially lists or registers the home and on the anniversary of that date.

(h) The executive commissioner by rule shall set fees under this section.

SECTION 78. Subchapter D, Chapter 42, Human Resources Code, is amended by adding Section 42.0704 to read as follows:

Sec. 42.0704. ENFORCEMENT POLICY. (a) The executive commissioner by rule shall adopt a general enforcement policy that describes the department's approach to enforcement of this chapter.

(b) The enforcement policy must:

(1) summarize the department's general expectations in enforcing this chapter;

(2) include the methodology required by Subsection (c); and

(3) describe the department's plan for strengthening its enforcement efforts and for making objective regulatory decisions.

(c) As part of the enforcement policy, the department shall develop and implement a methodology for determining the appropriate disciplinary action to take against a person who violates this chapter or a department rule. The methodology must provide guidance on when to use each of the available tools of enforcement, including technical assistance, voluntary plans of action, evaluation, probation, suspension or revocation of a license or registration, denial of a license or registration, administrative penalties, and emergency suspension. The methodology must allow the department to consider the circumstances of a particular case, including the nature and seriousness of the violation, history of previous violations, and aggravating and mitigating factors, in determining the appropriate disciplinary action.

(d) The department shall make the methodology described by Subsection (c) available to the public, including by posting the methodology on the department's Internet website.

SECTION 79. Section 42.078(a-2), Human Resources Code, is amended to read as follows:

(a-2) The department may impose an administrative penalty without first imposing a nonmonetary administrative sanction for violating a minimum standard applicable to a facility or family home under this chapter that is determined by the department to be a high-risk standard, including background check standards, safety hazard standards, and supervision standards [the following violations:

[(1) failing to timely submit the information required to conduct a background and criminal history check under Section 42.056 and applicable department rules on two or more occasions;

[(2) failing to submit the information required to conduct a background and criminal history check under Section 42.056 and applicable department rules before the 30th day after the date the facility or family home is notified by the department that the information is overdue;

[(3) except as provided by Section 42.056(g), knowingly allowing a person to be present in a facility or family home when the person's background and criminal history check has not been received;

[(4) knowingly allowing a person to be present in a facility or family home when the person's background and criminal history check has been received and contains criminal history or central registry findings that under department rules preclude the person from being present in the facility or family home; or

[(5) violating a condition or restriction the department places on a person's presence at a facility or family home as part of a pending or approved risk evaluation of the person's background and criminal history or central registry findings].

SECTION 80. Subchapter D, Chapter 42, Human Resources Code, is amended by adding Section 42.079 to read as follows:

Sec. 42.079. CEASE AND DESIST ORDER. (a) If it appears to the department that a person who is not licensed, certified, or registered under this chapter is operating a child-care facility or family home, the department, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from operating the facility or home.

(b) A violation of an order under this section constitutes grounds for imposing an administrative penalty under Section 42.078.

SECTION 81. Section 74.006(c), Human Resources Code, is amended to read as follows:

(c) The council may transfer money contained in the trust fund to the operating fund at any time. However, during a fiscal year the council may not transfer more than the amount deposited to the credit of the fund from any source, including interest and the amount credited under Section 118.022, Local Government Code, during the preceding fiscal year. Money transferred to the operating fund that was originally deposited to the credit of the trust fund under Section 118.022, Local Government Code, may be used only for [an infant mortality prevention education program developed and implemented under Section 40.0523 and] child abuse and neglect prevention programs. The council may also transfer funds contained in the operating fund to the trust fund at any time.

SECTION 82. Section 244.0105(a), Human Resources Code, is amended to read as follows:

(a) Not later than the 10th day before the date of a permanency hearing under Subchapter D, Chapter 263, Family Code, or [a placement review hearing under] Subchapter F, Chapter 263, Family Code, regarding a child for whom the Department of Family and Protective Services has been appointed managing conservator, a department caseworker shall submit a written report regarding the child's commitment to the department to:

(1) the court;

(2) the Department of Family and Protective Services;

(3) any attorney ad litem or guardian ad litem appointed for the child; and

(4) any volunteer advocate appointed for the child.

SECTION 83. The following provisions are repealed:

(1) Sections 161.1031(b) and (c), Family Code;

(2) Section 162.302, Family Code;

(3) Section 162.303, Family Code;

(4) Sections 162.304(c), (d), and (e), Family Code;

(5) Sections 162.308(a) and (b), Family Code;

(6) Section 162.309, Family Code;

(7) Section 261.004, Family Code;

(8) Section 261.203(d), Family Code;

(9) Section 261.3012, Family Code;

(10) Sections 261.308(b) and (c), Family Code;

(11) Section 261.3101, Family Code;

(12) Section 262.1041, Family Code;

(13) Section 262.105(b), Family Code;

(14) Section 263.008(a)(2), Family Code;

(15) Section 263.1015, Family Code;

(16) Sections 263.102(c) and (g), Family Code;

(17) 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;

(18) Sections 263.501(d) and (e), Family Code;

(19) Sections 263.502(b), (c), and (d), Family Code;

(20) Section 263.503, Family Code;

(21) Sections 264.002(a), (b), (c), and (d), Family Code;

(22) Section 264.012, Family Code;

(23) Section 264.016, Family Code;

(24) Sections 264.107(a), (c), and (d), Family Code;

(25) Section 264.1071, Family Code;

(26) Section 264.1072, Family Code;

(27) Section 264.108(e), Family Code;

(28) Sections 264.110(a), (b), (c), (e), (f), (g), and (h), Family Code;

(29) Section 264.111, Family Code;

(30) Section 264.207(b), Family Code;

(31) Section 264.208, Family Code;

(32) Section 264.303, Family Code;

(33) Section 264.304, Family Code;

(34) Section 264.305, Family Code;

(35) Section 264.306, Family Code;

(36) Section 264.752(b), Family Code;

(37) Section 264.851(1), Family Code;

(38) Section 266.001(4), Family Code;

(39) Section 40.001(5), Human Resources Code;

(40) Section 40.0305, Human Resources Code;

(41) Section 40.031, Human Resources Code;

(42) Section 40.0324, Human Resources Code;

(43) Section 40.0327, Human Resources Code;

(44) Section 40.036, Human Resources Code;

(45) Sections 40.037(b) and (c), Human Resources Code;

(46) Section 40.052, Human Resources Code;

(47) Section 40.0523, Human Resources Code;

(48) Section 40.0524(d), Human Resources Code;

(49) Section 40.0525, Human Resources Code;

(50) Sections 40.0528(b) and (c), Human Resources Code;

(51) Section 40.0566, Human Resources Code;

(52) Section 40.069, Human Resources Code; and

(53) Section 40.073, Human Resources Code.

SECTION 84. Not later than January 1, 2016, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement the changes in law made by this Act.

SECTION 85. Section 264.114(c), Family Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 86. Not later than September 1, 2016, the Department of Family and Protective Services shall adopt the initial strategic plan required by Section 265.005, Family Code, as added by this Act.

SECTION 87. Section 42.078, Human Resources Code, as amended by this Act, applies only to a violation that occurs on or after the effective date of this Act. A violation that occurs before the effective date of this Act is governed by the law in effect at the time the violation occurred, and the former law is continued in effect for that purpose.

SECTION 88. (a) Except as otherwise provided by this section, this Act takes effect September 1, 2015.

(b) Sections 42.050(d) and 42.052(f-1), Human Resources Code, as added by this Act, take effect September 1, 2016.