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.