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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Section 58.0052,
Family Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) In addition to the
information provided under Subsection (b), the Department of Family and
Protective Services and the Texas Juvenile Justice Department shall
coordinate and develop protocols for sharing with each other, on request,
any other information relating to a multi-system youth necessary to:
(1) identify and
coordinate the provision of services to the youth and prevent duplication
of services;
(2) enhance
rehabilitation of the youth; and
(3) improve and maintain
community safety.
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No
equivalent provision.
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SECTION 2. Section 105.002,
Family Code, is amended by adding Subsection (d) to read as follows:
(d) The Department of
Family and Protective Services in collaboration with interested parties,
including the Permanent Judicial Commission for Children, Youth and
Families, shall review the form of jury submissions in this state and make
recommendations to the legislature not later than December 31, 2017,
regarding whether broad-form or specific jury questions should be required
in suits affecting the parent-child relationship filed by the department.
This subsection expires September 1, 2019.
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No
equivalent provision.
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SECTION 3. Section 154.001,
Family Code, is amended by amending Subsection (b) and adding Subsection
(b-1) to read as follows:
(b) In a suit filed by
the Department of Family and Protective Services to be named managing
conservator of a child, the court may not order a parent of the child to
make periodic payments for the support of the child while the suit is
pending, except as provided by this section.
(b-1) Unless a court has
determined a parent is indigent, the [The] court may order
either or both parents to make periodic payments for the support of a child
in a proceeding in which the Department of Family and Protective [and
Regulatory] Services is named [temporary] managing conservator.
[In a proceeding in which the Department of Protective and Regulatory
Services is named permanent managing conservator of a child whose parents'
rights have not been terminated, the court shall order each parent that is
financially able to make periodic payments for the support of the child.]
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No
equivalent provision.
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SECTION 4. Section 155.201,
Family Code, is amended by adding Subsection (d) to read as follows:
(d) On receiving notice that
a court exercising jurisdiction under Chapter 262 has ordered the transfer
of a suit under Section 262.203(a)(2), the court of continuing, exclusive
jurisdiction shall, pursuant to the requirements of Section 155.204(i),
transfer the proceedings to the court in which the suit under Chapter 262
is pending.
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No
equivalent provision.
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SECTION 5. Section
155.204(i), Family Code, is amended to read as follows:
(i) If a transfer order has
been signed by a court exercising jurisdiction under Chapter 262, the
Department of Family and Protective Services shall [a party may]
file the transfer order with the clerk of the court of continuing,
exclusive jurisdiction. On receipt and without a hearing or further
order from the court of continuing, exclusive jurisdiction, the clerk
of the court of continuing, exclusive jurisdiction shall transfer the files
as provided by this subchapter.
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No
equivalent provision.
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SECTION 6. Section 161.001,
Family Code, is amended by adding Subsection (c) to read as follows:
(c) A court may not make
a finding under Subsection (b) and order termination of the parent-child
relationship based on evidence that the parent:
(1) homeschooled the
child;
(2) is economically
disadvantaged;
(3) engaged in reasonable
discipline of the child; or
(4) has been charged with
a nonviolent misdemeanor offense other than:
(A) an offense under
Title 5, Penal Code;
(B) an offense under
Title 6, Penal Code; or
(C) an offense that
involves family violence, as defined by Section 71.004 of this code.
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No
equivalent provision.
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SECTION 7. Section 161.206,
Family Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) In a suit filed by
the Department of Family and Protective Services seeking termination of the
parent-child relationship for more than one parent of the child, the court
may order termination of the parent-child relationship for a parent only if
the court finds by clear and convincing evidence grounds for the
termination of the parent-child relationship for that parent.
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No
equivalent provision.
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SECTION 8. Chapter 261,
Family Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. PROTECTIVE
ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
Sec. 261.501. FILING
APPLICATION FOR PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT. The
department may file an application for a protective order for a child's
protection under this subchapter on the department's own initiative or
jointly with a parent, relative, or caregiver of the child who requests the
filing of the application if the department:
(1) has temporary
managing conservatorship of the child;
(2) determines that:
(A) the child:
(i) is a victim of abuse
or neglect; or
(ii) has a history of
being abused or neglected; and
(B) there is a threat of:
(i) immediate or
continued abuse or neglect to the child;
(ii) someone illegally
taking the child from the home in which the child is placed;
(iii) harassment to the
caregiver with whom the child is placed; or
(iv) someone committing
an act of violence against the child or the child's caregiver; and
(3) is not otherwise
authorized to apply for a protective order for the child's protection under
Chapter 82.
Sec. 261.502.
CERTIFICATION OF FINDINGS. (a) In making the application under this subchapter,
the department must certify that:
(1) the department has
diligently searched for and:
(A) was unable to locate
the child's parent, legal guardian, or custodian, other than the respondent
to the application; or
(B) located and provided
notice of the proposed application to the child's parent, legal guardian,
or custodian, other than the respondent to the application; and
(2) if applicable, the
relative or caregiver who is jointly filing the petition, or with whom the
child would reside following an entry of the protective order, has not
abused or neglected the child and does not have a history of abuse or
neglect.
(b) An application for a
temporary ex parte order under Section 261.503 may be filed without making
the findings required by Subsection (a) if the department certifies that
the department believes that there is an immediate danger of abuse or
neglect to the child.
Sec. 261.503. TEMPORARY
EX PARTE ORDER. If the court finds from the information contained in an
application for a protective order that there is an immediate danger of
abuse or neglect to the child, the court, without further notice to the
respondent and without a hearing, may enter a temporary ex parte order for
the protection of the child.
Sec. 261.504. REQUIRED
FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on
an application for a protective order under this subchapter, the court
shall find whether there are reasonable grounds to believe that:
(1) the child:
(A) is a victim of abuse
or neglect; or
(B) has a history of
being abused or neglected; and
(2) there is a threat of:
(A) immediate or
continued abuse or neglect to the child;
(B) someone illegally
taking the child from the home in which the child is placed;
(C) harassment to the
caregiver with whom the child is placed; or
(D) someone committing an
act of violence against the child or the child's caregiver.
(b) If the court makes an
affirmative finding under Subsection (a), the court shall issue a
protective order that includes a statement of that finding.
Sec. 261.505. APPLICATION
OF OTHER LAW. To the extent applicable, except as otherwise provided by
this subchapter, Title 4 applies to a protective order issued under this
subchapter.
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SECTION 1. Subchapter A,
Chapter 262, Family Code, is amended by adding Section 262.0022 to read as
follows:
Sec. 262.0022. REVIEW OF
PLACEMENT; FINDINGS. At each hearing under this chapter, the court shall
review the placement of each child in the temporary or permanent managing
conservatorship of the department
who is not placed with a relative caregiver or designated caregiver as
defined by Section 264.751. The court shall make
a finding as to whether the department has made reasonable efforts to place the child with a
relative or other designated caregiver.
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SECTION 9. Subchapter A,
Chapter 262, Family Code, is amended by adding Section 262.0022 to read as
follows:
Sec. 262.0022. REVIEW OF
PLACEMENT; FINDINGS. At each hearing under this chapter, the court shall
review the placement of each child in the temporary or permanent managing
conservatorship of the Department of
Family and Protective Services who is not placed with a relative
caregiver or designated caregiver as defined by Section 264.751. The court
shall include in its findings a statement
on whether the department has the
option of placing the child with a relative or other designated
caregiver.
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SECTION 2. Subchapter A,
Chapter 262, Family Code, is amended by adding Sections 262.013 and 262.014
to read as follows:
Sec. 262.013. VOLUNTARY
TEMPORARY MANAGING CONSERVATORSHIP. In a suit affecting the parent-child
relationship, a person's
voluntary agreement to temporarily place the person's
child in the managing conservatorship of the department
is inadmissible in a court
hearing under this subtitle as evidence that the person abused or neglected
the child.
Sec. 262.014. DISCLOSURE
OF CERTAIN EVIDENCE. On the request of the attorney for a parent who is a
party in a suit affecting the parent-child relationship filed under this
chapter, or the attorney ad litem for the parent's child, the Department of
Family and Protective Services shall, before the full adversary hearing,
provide:
(1) the name of any
person, excluding a department employee, who the department will call as is
a witness to any of the allegations contained in the petition filed by the
department;
(2) a copy of any offense
report relating to the allegations contained in the petition filed by the
department; and
(3) a copy of any
photograph, video, or recording that constitutes
or contains evidence that is
material to the allegations contained in the petition filed by the
department.
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SECTION 10. Subchapter A,
Chapter 262, Family Code, is amended by adding Sections 262.013 and 262.014
to read as follows:
Sec. 262.013. VOLUNTARY
TEMPORARY MANAGING CONSERVATORSHIP. In a suit affecting the parent-child
relationship filed by the Department of
Family and Protective Services, the existence of a parent's
voluntary agreement to temporarily place the parent's
child in the managing conservatorship of the Department
of Family and Protective Services is not an admission by the parent that
the parent engaged in conduct that endangered the child.
Sec. 262.014. DISCLOSURE
OF CERTAIN EVIDENCE. On the request of the attorney for a parent who is a
party in a suit affecting the parent-child relationship filed under this
chapter, or the attorney ad litem for the parent's child, the Department of
Family and Protective Services shall, before the full adversary hearing,
provide:
(1) the name of any
person, excluding a department employee, who the department will call as a
witness to any of the allegations contained in the petition filed by the
department;
(2) a copy of any offense
report relating to the allegations contained in the petition filed by the
department that will be used in court to
refresh a witness's memory; and
(3) a copy of any
photograph, video, or recording that will
be presented as evidence.
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No
equivalent provision.
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SECTION 11. Section 262.113,
Family Code, is amended to read as follows:
Sec. 262.113. FILING SUIT
WITHOUT TAKING POSSESSION OF CHILD. An original suit filed by a
governmental entity that requests to take possession of a child after
notice and a hearing must be supported by an affidavit sworn to by a person
with personal knowledge and stating facts sufficient to satisfy a person of
ordinary prudence and caution that:
(1) there is a continuing
danger to the physical health or safety of the child caused by an act or
failure to act of the person entitled to possession of the child and that
allowing the child to remain in the home would be contrary to the child's
welfare; and
(2) reasonable
efforts, consistent with the circumstances and providing for the safety
of the child, have been made to prevent or eliminate the need to remove
the child from the child's home[; and
[(2) allowing the child
to remain in the home would be contrary to the child's welfare].
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No
equivalent provision.
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SECTION 12. Subchapter B,
Chapter 262, Family Code, is amended by adding Section 262.116 to read as
follows:
Sec. 262.116. LIMITS ON
REMOVAL. (a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based solely on evidence
that the parent:
(1) homeschooled the
child;
(2) is economically
disadvantaged;
(3) engaged in reasonable
discipline of the child; or
(4) has been charged with
a nonviolent misdemeanor offense other than:
(A) an offense under
Title 5, Penal Code;
(B) an offense under
Title 6, Penal Code; or
(C) an offense that
involves family violence, as defined by Section 71.004 of this code.
(b) The department shall
train child protective services caseworkers regarding the prohibitions on
removal provided under Subsection (a).
(c) The executive
commissioner of the Health and Human Services Commission may adopt rules to
implement this section.
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SECTION 3. Section 262.201,
Family Code, is amended by amending Subsection (c) and adding Subsection
(c-1) to read as follows:
(c) If the court finds
sufficient evidence to satisfy a person of ordinary prudence and caution
that there is a continuing danger to the physical health or safety of the
child and for the child to remain in the home is contrary to the welfare of
the child, the court shall:
(1) issue an
appropriate temporary order under Chapter 105;
(2) [. The court
shall] require each parent, alleged father, or relative of the child
before the court to:
(A) complete the
proposed child placement resources form provided under Section 261.307;
(B) [and] file
the form with the court, if the form has not been previously filed with the
court;[,] and
(C) provide the
Department of Family and Protective Services with information necessary to
locate any other absent parent, alleged father, or relative of the child;
(3) [. The court
shall] inform each parent, alleged father, or relative of the child
before the court that the person's failure to submit the proposed child
placement resources form will not delay any court proceedings relating to
the child;
(4) [. The court
shall] inform each parent in open court that parental and custodial
rights and duties may be subject to restriction or to termination unless
the parent or parents are willing and able to provide the child with a safe
environment; and
(5) unless the court has
waived the requirement of a service plan on the court's finding of
aggravated circumstances under Section 262.2015, after reviewing the basic
service plan required under Section 262.206 and making any change or
modification the court considers necessary, incorporate the plan into the
order of the court and render any additional appropriate order to implement
or require compliance with the plan.
(c-1) If the court
finds that the child requires protection from family violence by a member
of the child's family or household, the court shall render a protective
order under Title 4 for the child. In this subsection, "family
violence" has the meaning assigned by Section 71.004.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 13. Section 262.201,
Family Code, is amended by adding Subsection (a-5) to read as follows:
(a-5) If a parent who is
not indigent appears in opposition to the suit, the court may, for good
cause shown, postpone the full adversary hearing for not more than seven
days from the date of the parent's appearance to allow the parent to hire
an attorney or to provide the parent's attorney time to respond to the
petition and prepare for the hearing. A postponement under this subsection
is subject to the limits and requirements prescribed by Subsection (a-3).
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No
equivalent provision.
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SECTION 14. Section
262.203(a), Family Code, is amended to read as follows:
(a) On the motion of a party
or the court's own motion, if applicable, the court that rendered the
temporary order shall in accordance with procedures provided by Chapter
155:
(1) transfer the suit to the
court of continuing, exclusive jurisdiction, if any, if the court finds
that the transfer is:
(A) necessary for the
convenience of the parties; and
(B) in the best interest
of the child;
(2) [if grounds exist for
mandatory transfer from the court of continuing, exclusive jurisdiction
under Section 155.201,] order transfer of the suit from the [that]
court of continuing, exclusive jurisdiction; or
(3) if grounds exist for
transfer based on improper venue, order transfer of the suit to the court
having venue of the suit under Chapter 103.
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SECTION 4. Subchapter C,
Chapter 262, Family Code, is amended by adding Section 262.206 to read as
follows:
Sec. 262.206. BASIC
SERVICE PLAN. (a) The Department of Family and Protective Services shall
develop a statewide uniform basic family service plan to be filed with the
court at each full adversary hearing held under Section 262.201.
(b) The basic service
plan must:
(1) be in writing;
(2) specify the primary
permanency goal for the child;
(3) state the steps
necessary to:
(A) return the child to
the child's home if the child is placed in foster care;
(B) enable the child to
remain in the child's home with the assistance of a service plan if the
child's placement is in the child's home under the department's
supervision; or
(C) otherwise provide a
safe placement for the child;
(4) state the basic
actions the child's parents must 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 agency toward meeting that goal;
(5) state any basic skill
or knowledge that the child's parents must acquire or learn and any basic
behavioral change the parents must exhibit to achieve the plan goal;
(6) state the initial
actions the child's parents must take to ensure that the child attends
school and maintains or improves the child's academic compliance;
(7) prescribe any other
basic condition that the department determines necessary for the success of
the service plan; and
(8) be printed in
English, Spanish, and any other language the department considers
appropriate.
(c) The basic service
plan must include the following statement:
TO THE PARENT: THIS IS A
VERY IMPORTANT DOCUMENT. THE PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE
YOUR CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED
IN THE PLAN. AT THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN,
MODIFY THE PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH THE PLAN. IF YOU
ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR
PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR
YOUR CHILD MAY NOT BE RETURNED TO YOU. AT THE INITIAL COURT HEARING, A
JUDGE WILL REVIEW THIS BASIC SERVICE PLAN. A SUBSEQUENT COURT STATUS
HEARING MAY BE SCHEDULED AT WHICH A JUDGE MAY REVIEW AN INDIVIDUALIZED
SERVICE PLAN FOR YOUR CHILD AND REQUIRE COMPLIANCE WITH THE INDIVIDUALIZED
PLAN.
(d) The basic service
plan may not include an allegation of abuse or neglect of the child or a
restatement of the facts of the case. An allegation of abuse or neglect or
a restatement of the facts of the case in a basic service plan is
inadmissible in court as evidence.
(e) Not later than the
fifth business day after the date the full adversary hearing is held under
Section 262.201, the department shall:
(1) make all referrals
necessary for the parents to comply with the parents' responsibilities
under the basic service plan; and
(2) provide to the
parents an accurate list of approved providers who provide those services
in the department region in which the parent resides.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 15. Subchapter C,
Chapter 262, Family Code, is amended by adding Section 262.206 to read as
follows:
Sec. 262.206. EX PARTE
HEARINGS PROHIBITED. Unless otherwise authorized by this chapter or other
law, a hearing held by a court in a suit under this chapter may not be ex
parte.
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SECTION 5. Section 263.002,
Family Code, is amended to read as follows:
Sec. 263.002. REVIEW OF
PLACEMENTS BY COURT; FINDINGS. (a) In a suit affecting the
parent-child relationship in which the department has been appointed by the
court or designated in an affidavit of relinquishment of parental rights as
the temporary or permanent managing conservator of a child, the court shall
hold a hearing to review:
(1) the conservatorship
appointment and substitute care; and
(2) for a child committed to
the Texas Juvenile Justice Department, the child's commitment in the Texas
Juvenile Justice Department or release under supervision by the Texas
Juvenile Justice Department.
(b) At each hearing under
this chapter, the court shall review the placement of each child in the
temporary or permanent managing conservatorship of the department who is
not placed with a relative caregiver or designated caregiver as defined by
Section 264.751. The court shall make a
finding as to whether the department is
able to place the child with a relative or other designated
caregiver and state the evidence that
supports its finding.
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SECTION 16. Section 263.002,
Family Code, is amended to read as follows:
Sec. 263.002. REVIEW OF
PLACEMENTS BY COURT; FINDINGS. (a) In a suit affecting the
parent-child relationship in which the department has been appointed by the
court or designated in an affidavit of relinquishment of parental rights as
the temporary or permanent managing conservator of a child, the court shall
hold a hearing to review:
(1) the conservatorship
appointment and substitute care; and
(2) for a child committed to
the Texas Juvenile Justice Department, the child's commitment in the Texas
Juvenile Justice Department or release under supervision by the Texas
Juvenile Justice Department.
(b) At each hearing under
this chapter, the court shall review the placement of each child in the
temporary or permanent managing conservatorship of the department who is
not placed with a relative caregiver or designated caregiver as defined by
Section 264.751. The court shall include
in its findings a statement whether the department placed the child with a relative or
other designated caregiver.
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No
equivalent provision.
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SECTION 17. Section
263.0021, Family Code, is amended by adding Subsection (e) to read as
follows:
(e) Notice of a hearing
under this chapter provided to an individual listed under Subsection (b)(2)
must state that the individual may, but is not required to, attend the
hearing and may request to be heard at the hearing.
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SECTION 6. The heading to
Subchapter B, Chapter 263, Family Code, is amended to read as follows:
SUBCHAPTER B. INDIVIDUALIZED
SERVICE PLAN AND VISITATION PLAN
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No
equivalent provision.
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SECTION 7. Sections 263.101,
263.102, and 263.103, Family Code, are amended to read as follows:
Sec.
263.101. DEPARTMENT TO FILE INDIVIDUALIZED SERVICE PLAN. Except as
provided by Section 262.2015, [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 and before
the date of the status hearing required under Subchapter C, the
department may [shall] file with the court an
individualized [a] service plan.
Sec.
263.102. INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a) The individualized
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 in conference with the child's parents;
(4)
state appropriate deadlines;
(5)
specify the primary permanency goal and at least one alternative permanency
goal;
(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
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 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 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 determines to be
necessary to the service plan's success.
(b) The individualized service plan must
[shall] include the following statement:
TO THE PARENT: THIS IS A
VERY IMPORTANT DOCUMENT. THE [ITS] PURPOSE OF THIS PLAN
IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT WITHIN THE
REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO
PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL
DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE
RETURNED TO YOU. AT [THERE WILL BE] A COURT HEARING, [AT
WHICH] A JUDGE WILL REVIEW THIS INDIVIDUALIZED
SERVICE PLAN, MODIFY THE PLAN IF NECESSARY, INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE
COMPLIANCE WITH THE PLAN.
(c) The individualized service plan may not
include an allegation of abuse or neglect of the child or a restatement of
the facts of the case. An allegation of abuse or neglect or a restatement
of the facts of the case in an individualized
service plan is inadmissible in the court as evidence.
(c-1) The department shall provide with the individualized
service plan a list of approved providers in the department service area in
which the parent resides of the services necessary for the parents to
comply with the plan. The department shall maintain the accuracy of the
provider list.
(d)
The department or other authorized entity must write the individualized
service plan in a manner that is clear and understandable to the parent in
order to facilitate the parent's ability to follow the requirements of the
service plan.
(e)
Regardless of whether the goal stated in a child's individualized
service plan as required under Subsection (a)(5) is to return the child to
the child's parents or to terminate parental rights and place the child for
adoption, the department shall concurrently provide to the child and the
child's family, as applicable:
(1)
time-limited family reunification services as defined by 42 U.S.C. Section
629a for a period not to exceed the period within which the court must
render a final order in or dismiss the suit affecting the parent-child
relationship with respect to the child as provided by Subchapter E; and
(2)
adoption promotion and support services as defined by 42 U.S.C. Section
629a.
(f)
The department shall consult with relevant professionals to determine the
skills or knowledge that the parents of a child under two years of age
should learn or acquire to provide a safe placement for the child. The
department shall incorporate those skills and abilities into the
department's individualized service plans, as appropriate.
Sec.
263.103. INDIVIDUALIZED [ORIGINAL] SERVICE PLAN: SIGNING
AND TAKING EFFECT. (a) The individualized [original]
service plan shall be developed jointly by the child's parents and a
representative of the department. The department representative shall
inform[, including informing] the parents of their rights in
connection with the service plan process. If a parent is not able or
willing to participate in the development of the service plan, it should be
so noted in the plan.
(a-1)
Before the individualized [original] service plan is signed,
the child's parents and the representative of the department shall discuss
each term and condition of the plan.
(b)
The child's parents and the person preparing the individualized [original]
service plan shall sign the plan, and the department shall give each parent
a copy of the service plan.
(c)
If the department determines that the child's parents are unable or
unwilling to participate in the development of the individualized [original]
service plan or sign the plan, the department may file the plan without the
parents' signatures.
(d)
The individualized [original] service plan takes effect when:
(1)
the child's parents and the appropriate representative of the department
sign the plan; or
(2)
the court issues an order giving effect to the plan without the parents'
signatures.
(e)
The individualized [original] service plan is in effect until
amended by the court or as provided under Section 263.104.
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SECTION 18. Section 263.102,
Family Code, is amended by amending Subsection (b) and adding Subsections
(c) and (c-1) to read as follows:
(b) The service plan must
[shall] include the following statement:
TO THE PARENT: THIS IS A
VERY IMPORTANT DOCUMENT. THE [ITS] PURPOSE OF THIS PLAN
IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT WITHIN THE
REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO
PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL
DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE
RETURNED TO YOU. AT [THERE WILL BE] A COURT HEARING,
[AT WHICH] A JUDGE WILL REVIEW THIS SERVICE PLAN, MODIFY THE PLAN
IF NECESSARY, AND REQUIRE COMPLIANCE WITH THE PLAN. A SUBSEQUENT HEARING MAY BE SCHEDULED AT WHICH
A JUDGE MAY REVIEW THE PLAN.
(c) A service plan may
not include an allegation of abuse or neglect of the child or a restatement
of the facts of the case. An allegation of abuse or neglect or a
restatement of the facts of the case in a service plan is inadmissible in
the court as evidence.
(c-1) Not later than the fifth business day after a hearing
held under Section 262.201, the department shall:
(1) make all referrals necessary for each parent to comply with
a judge's order for services; and
(2) provide to the parents any information available to the
department on providers approved by the department to provide services in the service area in which the
parent resides.
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|
SECTION 8. Section
263.105(c), Family Code, is amended to read as follows:
(c) The court may modify an individualized
[original] or amended service plan at any time.
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No
equivalent provision.
|
|
SECTION 9. Section 263.106,
Family Code, is amended to read as follows:
Sec. 263.106. COURT
IMPLEMENTATION OF SERVICE PLAN. After reviewing the individualized
[original] or any amended service plan and making any changes or
modifications it deems necessary, the court shall incorporate the individualized
[original] and any amended service plan into the orders of the court
and may render additional appropriate orders to implement or require
compliance with the [an original or amended service] plan.
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No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 19. Section 263.306(a),
Family Code, is amended to read as follows:
(a) At each permanency
hearing the court shall:
(1) identify all persons or
parties present at the hearing or those given notice but failing to appear;
(2) review the efforts of
the department in:
(A) attempting to locate all
necessary persons;
(B) requesting service of
citation; and
(C) obtaining the assistance
of a parent in providing information necessary to locate an absent parent,
alleged father, or relative of the child;
(3) review the efforts of
each custodial parent, alleged father, or relative of the child before the
court in providing information necessary to locate another absent parent,
alleged father, or relative of the child;
(4) review any visitation
plan or amended plan required under Section 263.107 and render any orders
for visitation the court determines necessary;
(5) return the child to the
parent or parents if the child's parent or parents are willing and able to
provide the child with a safe environment and the return of the child is in
the child's best interest;
(6) place the child with a
person or entity, other than a parent, entitled to service under Chapter
102 if the person or entity is willing and able to provide the child with a
safe environment and the placement of the child is in the child's best
interest;
(7) evaluate the
department's efforts to identify relatives who could provide the child with
a safe environment, if the child is not returned to a parent or another
person or entity entitled to service under Chapter 102;
(8) evaluate the parties'
compliance with temporary orders and the service plan;
(9) ask all parties present
whether the child or the child's family has a Native American heritage and
identify any Native American tribe with which the child may be associated;
(10) identify an education
decision-maker for the child if one has not previously been identified;
(11) review the medical care
provided to the child as required by Section 266.007;
(12) ensure the child has
been provided the opportunity, in a developmentally appropriate manner, to
express the child's opinion on the medical care provided;
(13) for a child receiving
psychotropic medication, determine whether the child:
(A) has been provided
appropriate psychosocial therapies, behavior strategies, and other
non-pharmacological interventions; and
(B) has been seen by the
prescribing physician, physician assistant, or advanced practice nurse at
least once every 90 days for purposes of the review required by Section
266.011;
(14) determine whether:
(A) the child continues to
need substitute care;
(B) the department has
placed the child with a relative or other designated caregiver and whether
the child's current placement is appropriate for meeting the child's needs,
including with respect to a child who has been placed outside of the state,
whether that placement continues to be in the best interest of the child;
and
(C) other plans or services
are needed to meet the child's special needs or circumstances;
(15) if the child is placed
in institutional care, determine whether efforts have been made to ensure
placement of the child in the least restrictive environment consistent with
the best interest and special needs of the child;
(16) if the child is 16
years of age or older, order services that are needed to assist the child
in making the transition from substitute care to independent living if the
services are available in the community;
(17) determine plans,
services, and further temporary orders necessary to ensure that a final
order is rendered before the date for dismissal of the suit under this
chapter;
(18) if the child is
committed to the Texas Juvenile Justice Department or released under
supervision by the Texas Juvenile Justice Department, determine whether the
child's needs for treatment, rehabilitation, and education are being met;
and
(19) determine the date for
dismissal of the suit under this chapter and give notice in open court to
all parties of:
(A) the dismissal date;
(B) the date of the next
permanency hearing; and
(C) the date the suit is set
for trial.
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|
No
equivalent provision.
|
SECTION 20. Section 263.401,
Family Code, is amended to read as follows:
Sec. 263.401. DISMISSAL
AFTER ONE YEAR; NEW TRIALS; EXTENSION. (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's jurisdiction over [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 is
terminated and the suit is automatically dismissed without a court order.
(b) Unless the court has
commenced the trial on the merits, the court may not retain the suit on the
court's docket after the time described by Subsection (a) unless the court
finds that extraordinary circumstances necessitate the child remaining in
the temporary managing conservatorship of the department and that
continuing the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court makes those
findings, the court may retain the suit on the court's docket for a period
not to exceed 180 days after the time described by Subsection (a). If the
court retains the suit on the court's docket, the court shall render an
order in which the court:
(1) schedules the new date
on which the suit will be automatically dismissed if the trial on
the merits has not commenced, which date must be not later than the 180th
day after the time described by Subsection (a);
(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 trial on the
merits on a date not later than the date specified under Subdivision (1).
(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 automatically 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 date, the court's jurisdiction over
[court shall dismiss] the suit is terminated and the suit is
automatically dismissed without a court order. 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.
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|
SECTION 10. Section
263.403(a), Family Code, is amended to read as follows:
(a) Notwithstanding Section
263.401, the court may retain jurisdiction and not dismiss the suit or
render a final order as required by that section if the court renders a
temporary order that:
(1) finds that retaining
jurisdiction under this section is in the best interest of the child;
(2) orders the department to:
(A) return the child
to the child's parent; or
(B) transition the child,
according to a schedule determined by the department, from substitute care
to the parent while the parent completes the remaining requirements imposed
under a service plan and specified in the temporary order that are
necessary for the child's return;
(3) orders the department to
continue to serve as temporary managing conservator of the child; and
(4) orders the department to
monitor the child's placement to ensure that the child is in a safe
environment.
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SECTION 21. Section 263.403,
Family Code, is amended by amending Subsections (a) and (c) and adding
Subsection (a-1) to read as follows:
(a) Notwithstanding Section
263.401, the court may retain jurisdiction and not dismiss the suit or render
a final order as required by that section if the court renders a temporary
order that:
(1) finds that retaining
jurisdiction under this section is in the best interest of the child;
(2) orders the department to:
(A) return the child
to the child's parent; or
(B) transition the child,
according to a schedule determined by the department or court, from substitute care to the
parent while the parent completes the remaining requirements imposed under
a service plan and specified in the temporary order that are necessary for
the child's return;
(3) orders the department to
continue to serve as temporary managing conservator of the child; and
(4) orders the department to
monitor the child's placement to ensure that the child is in a safe
environment.
(a-1) The department may request the court to retain
jurisdiction for an additional six months as necessary for a parent to
complete the remaining requirements in a service plan and specified in the
temporary order that are mandatory for the child's return.
(c)
If before the dismissal of the suit or the commencement of the trial on the merits a child placed with a parent under this
section must be moved from that home by the department or the court
renders a temporary order terminating the transition order issued under
Subsection (a)(2)(B) [before the dismissal of the suit or the
commencement of the trial on the merits], the court shall, at the time
of the move or order, schedule a new date for dismissal of the suit
[unless a trial on the merits has commenced]. The new dismissal
date may not be later than the original dismissal date established under
Section 263.401 or the 180th day after the date the child is moved or
the order is rendered under this subsection, whichever date is later.
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SECTION 11. Sections
263.405(a) and (b), Family Code, are amended to read as follows:
(a) An appeal of a final
order rendered under this subchapter is governed by this subchapter and
the procedures for accelerated appeals in civil cases under the Texas Rules
of Appellate Procedure. The appellate court shall render its final order
or judgment with the least possible delay.
(b) A final order rendered
under this subchapter must contain the following prominently displayed
statement in boldfaced type, in capital letters, or underlined: "A
PARTY AFFECTED BY THIS ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT
IN WHICH TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED
BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF APPELLATE
PROCEDURE. FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263, FAMILY CODE,
AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY
RESULT IN THE DISMISSAL OF THE APPEAL."
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No
equivalent provision.
|
|
SECTION 12. Subchapter E,
Chapter 263, Family Code, is amended by adding Sections 263.4055 and
263.4056 to read as follows:
Sec. 263.4055. MOTION FOR
NEW TRIAL ON FINAL ORDER; TIME FOR FILING AN APPEAL. (a) A motion for a
new trial following a final order rendered under this subchapter must be
filed not later than the fifth day after the date the final order is filed
with the clerk.
(b) The court shall hold
a hearing on the motion for a new trial not later than the 14th day after
the date the motion is filed. Unless the court rules on the motion for a
new trial within the period provided by this subsection, the motion is
denied by operation of law.
(c) If a motion for a new
trial is filed, an appeal of a final order under Section 263.405 must be
filed not later than the 20th day after the date the court rules on the
motion for a new trial or the date the motion is denied by operation of
law.
(d) To the extent that
this section conflicts with the Texas Rules of Civil Procedure or the Texas
Rules of Appellate Procedure, this section controls. Notwithstanding
Section 22.004, Government Code, this section may not be modified or
repealed by a rule adopted by the supreme court.
Sec. 263.4056. DEADLINE
FOR FILING COURT REPORTER'S RECORD IN APPELLATE COURT. (a) In an appeal
of a final order rendered under this subchapter, the court reporter for the
court that rendered the order shall prepare and submit the reporter's
record of the trial to the appellate court not later than the 20th day
after the date the notice of appeal is filed with the court.
(b) On a showing of good
cause, the appellate court may extend the deadline for submitting the
reporter's record. If the court grants an extension under this subsection,
the reporter's record must be filed with the appellate court not later than
the 40th day after the date the notice of appeal is filed with the court.
(c) To the extent that
this section conflicts with the Texas Rules of Appellate Procedure, this
section controls. Notwithstanding Section 22.004, Government Code, this
section may not be modified or repealed by a rule adopted by the supreme
court.
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No
equivalent provision.
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|
No
equivalent provision.
|
SECTION 22. Subchapter E,
Chapter 263, Family Code, is amended by adding Section 263.4055 to read as
follows:
Sec. 263.4055. SUPREME
COURT RULES. The supreme court by rule shall establish civil and appellate
procedures to address:
(1) conflicts between the
filing of a motion for new trial and the filing of an appeal of a final
order rendered under this chapter; and
(2) the period, including
an extension of at least 20 days, for a court reporter to submit the
reporter's record of a trial to an appellate court following a final order
rendered under this chapter.
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|
No
equivalent provision.
|
SECTION 23. Section
263.5031, Family Code, is amended 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 and whether the child's needs, including any
medical or special needs, are being adequately addressed;
(B) whether the
department placed the child with a relative or other designated caregiver
and 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.
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SECTION 13. Section 264.018,
Family Code, is amended by amending Subsection (f) and adding Subsections
(f-1) and (f-2) to read as follows:
(f) Except as provided by
Subsection (f-1) or (f-2), as [As] soon as possible but not
later than the 10th day after the date the department becomes aware of a
significant event affecting a child in the conservatorship of the
department, the department shall provide notice of the significant event
to:
(1) the child's parent;
(2) an attorney ad litem
appointed for the child under Chapter 107;
(3) a guardian ad litem
appointed for the child under Chapter 107;
(4) a volunteer advocate appointed
for the child under Chapter 107;
(5) the licensed
administrator of the child-placing agency responsible for placing the child
or the licensed administrator's designee;
(6) a foster parent,
prospective adoptive parent, relative of the child providing care to the
child, or director of the group home or general residential operation where
the child is residing; and
(7) any other person
determined by a court to have an interest in the child's welfare.
(f-1) As soon as possible
but not later than the fifth day after the date a child-placing agency
notifies the department of the agency's intent to change the placement of a
child in the conservatorship of the department, the department shall give
notice of the impending placement change and the reason given for the
placement change to:
(1) the child's parent;
(2) an attorney ad litem
appointed for the child under Chapter 107;
(3) a guardian ad litem
appointed for the child under Chapter 107;
(4) a volunteer advocate
appointed for the child under Chapter 107;
(5) a foster parent,
prospective adoptive parent, relative of the child providing care to the
child, or director of the group home or general residential operation where
the child is residing; and
(6) any other person
determined by a court to have an interest in the child's welfare.
(f-2) As soon as possible
but not later than the fifth day after the date a foster parent requests
the removal of a child in the conservatorship of the department from the
foster home, the department shall give notice of the impending placement
change to:
(1) the child's parent;
(2) an attorney ad litem
appointed for the child under Chapter 107;
(3) a guardian ad litem
appointed for the child under Chapter 107;
(4) a volunteer advocate
appointed for the child under Chapter 107;
(5) the licensed
administrator of the child-placing agency responsible for placing the child
or the licensed administrator's designee; and
(6) any other person
determined by a court to have an interest in the child's welfare.
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SECTION 24. Section 264.018,
Family Code, is amended by amending Subsection (f) and adding Subsections
(f-1), (f-2), and (f-3) to read as follows:
(f) Except as provided by
Subsection (f-1) or (f-2), as [As] soon as possible but not
later than the 10th day after the date the department becomes aware of a
significant event affecting a child in the conservatorship of the
department, the department shall provide notice of the significant event
to:
(1) the child's parent;
(2) an attorney ad litem
appointed for the child under Chapter 107;
(3) a guardian ad litem
appointed for the child under Chapter 107;
(4) a volunteer advocate
appointed for the child under Chapter 107;
(5) the licensed
administrator of the child-placing agency responsible for placing the child
or the licensed administrator's designee;
(6) a foster parent,
prospective adoptive parent, relative of the child providing care to the
child, or director of the group home or general residential operation where
the child is residing; and
(7) any other person
determined by a court to have an interest in the child's welfare.
(f-1) As soon as possible after the department becomes aware of
a change in placement of a child in the conservatorship of the department,
the department shall give notice of the placement change to the managed
care organization that contracts with the commission to provide health care
services to the child under the STAR Health program. The managed care
organization, in coordination with the department, shall give notice of the
placement change to the primary care physician listed in the child's health
passport.
(f-2) As soon as possible
but not later than the fifth day after the date a child-placing agency
notifies the department of the agency's intent to change the placement of a
child in the conservatorship of the department, the department shall give
notice of the impending placement change and the reason given for the
placement change to:
(1) the child's parent;
(2) an attorney ad litem
appointed for the child under Chapter 107;
(3) a guardian ad litem
appointed for the child under Chapter 107;
(4) a volunteer advocate
appointed for the child under Chapter 107;
(5) a foster parent,
prospective adoptive parent, relative of the child providing care to the
child, or director of the group home or general residential operation where
the child is residing; and
(6) any other person
determined by a court to have an interest in the child's welfare.
(f-3) As soon as possible
but not later than the fifth day after the date a foster parent requests
the removal of a child in the conservatorship of the department from the
foster home, the department shall give notice of the impending placement
change to:
(1) the child's parent;
(2) an attorney ad litem
appointed for the child under Chapter 107;
(3) a guardian ad litem
appointed for the child under Chapter 107;
(4) a volunteer advocate
appointed for the child under Chapter 107;
(5) the licensed
administrator of the child-placing agency responsible for placing the child
or the licensed administrator's designee; and
(6) any other person
determined by a court to have an interest in the child's welfare.
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|
No
equivalent provision.
|
SECTION 25. Section 264.121,
Family Code, is amended by adding Subsections (a-3), (a-4), and (a-5) to
read as follows:
(a-3) The department
shall conduct an independent living skills assessment for all youth 14
years of age or older in the department's conservatorship. The department
shall annually update the assessment for each youth in the department's
conservatorship to determine the independent living skills the youth
learned during the preceding year to ensure the department's obligation to
prepare the youth for independent living has been met.
(a-4) The annual update
of the independent living skills assessment required under Subsection (a-3)
must be conducted through the child's plan of service in coordination with
the child, the caseworker, the Preparation for Adult Living Program staff,
and the child's caregiver.
(a-5) The department
shall work with interested parties to develop a plan to standardize the
curriculum for the Preparation for Adult Living Program that ensures youth
14 years of age or older enrolled in the program receive relevant and
age-appropriate information and training. The department shall report the
plan to the legislature not later than December 1, 2018. This subsection
expires September 1, 2019.
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|
No
equivalent provision.
|
SECTION 26. The heading to
Chapter 266, Family Code, is amended to read as follows:
CHAPTER 266. MEDICAL CARE
AND EDUCATIONAL SERVICES FOR CHILDREN IN CONSERVATORSHIP OF DEPARTMENT
OF FAMILY AND PROTECTIVE SERVICES [FOSTER CARE]
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|
No
equivalent provision.
|
SECTION 27. Chapter 266,
Family Code, is amended by adding Section 266.005 to read as follows:
Sec. 266.005.
CONSULTATION FOR MEDICAL CARE. (a) A court may not render an order
requiring or prohibiting medical care, including mental health care, for a
child in the conservatorship of the department unless:
(1) the court finds that
a medical or mental health professional, as appropriate, has been consulted
regarding the proposed or prohibited care; and
(2) the medical or mental
health professional has confirmed in writing that the medical or mental
health treatment is medically necessary or, for an order prohibiting
specific medical care, that the prohibition would not prevent the child
from receiving medically necessary care.
(b) Subsection (a) does
not apply to a court order for emergency medical care, including mental
health care, for a child in the conservatorship of the department.
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|
No
equivalent provision.
|
SECTION 28. Subchapter A,
Chapter 533, Government Code, is amended by adding Section 533.0056 to read
as follows:
Sec. 533.0056. STAR
HEALTH PROGRAM: NOTIFICATION OF PLACEMENT CHANGE. A contract between a
managed care organization and the commission for the organization to
provide health care services to recipients under the STAR Health program
must require the organization to ensure continuity of care for a child
whose placement has changed by:
(1) notifying each
specialist treating the child of the placement change; and
(2) coordinating the
transition of care from the child's previous treating primary care
physician and treating specialists to the child's new treating primary care
physician and treating specialists, if any.
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|
No
equivalent provision.
|
SECTION 29. Subchapter C,
Chapter 42, Human Resources Code, is amended by adding Section 42.066 to
read as follows:
Sec. 42.066. REQUIRED
SUBMISSION OF INFORMATION REQUESTED BY COURT. A general residential
operation that provides mental health treatment or services to a child in
the managing conservatorship of the department shall timely submit to the
court in a suit affecting the parent-child relationship under Subtitle E,
Title 5, Family Code, all information requested by that court.
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|
No
equivalent provision.
|
SECTION 30. The heading to
Section 25.07, Penal Code, is amended to read as follows:
Sec. 25.07. VIOLATION OF
CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD
ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
CASE.
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|
No
equivalent provision.
|
SECTION 31. Section
25.07(a), Penal Code, is amended to read as follows:
(a) A person commits an
offense if, in violation of a condition of bond set in a family violence,
sexual assault or abuse, stalking, or trafficking case and related to the
safety of a victim or the safety of the community, an order issued under
Chapter 7A, Code of Criminal Procedure, an order issued under Article
17.292, Code of Criminal Procedure, an order issued under Section 6.504,
Family Code, Chapter 83, Family Code, if the temporary ex parte order has
been served on the person, [or] Chapter 85, Family Code, or
Subchapter F, Chapter 261, Family Code, or an order issued by another
jurisdiction as provided by Chapter 88, Family Code, the person knowingly
or intentionally:
(1) commits family violence
or an act in furtherance of an offense under Section 20A.02, 22.011,
22.021, or 42.072;
(2) communicates:
(A) directly with a
protected individual or a member of the family or household in a
threatening or harassing manner;
(B) a threat through any
person to a protected individual or a member of the family or household; or
(C) in any manner with the
protected individual or a member of the family or household except through
the person's attorney or a person appointed by the court, if the violation
is of an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family or
household;
(3) goes to or near any of
the following places as specifically described in the order or condition of
bond:
(A) the residence or place
of employment or business of a protected individual or a member of the
family or household; or
(B) any child care facility,
residence, or school where a child protected by the order or condition of
bond normally resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or
interferes with the care, custody, or control of a pet, companion animal,
or assistance animal that is possessed by a person protected by the order
or condition of bond; or
(6) removes, attempts to
remove, or otherwise tampers with the normal functioning of a global
positioning monitoring system.
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No
equivalent provision.
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SECTION 32. The heading to
Section 25.072, Penal Code, is amended to read as follows:
Sec. 25.072. REPEATED
VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE,
CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR
TRAFFICKING CASE.
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SECTION 14. (a) The Department of Family and Protective
Services shall develop the statewide uniform basic service plan as required
by Section 262.206, Family Code, as added by this Act, not later than
December 1, 2017.
(b) The changes in law made
by this Act apply only to a service plan filed for a full adversary hearing
held under Section 262.201, Family Code, or a status hearing held under
Chapter 263, Family Code, on or after January 1, 2018. A hearing held
before that date is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.
(c)
Sections 263.405(a) and (b), Family Code, as amended by this Act, apply
only to a final order rendered on or after the effective date of this Act.
An order rendered before that date is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(d)
Sections 263.4055 and 263.4056, Family Code, as added by this Act, apply
only to a motion for a new trial following a final order or an appeal of a
final order rendered on or after the effective date of this Act. A motion
for a new trial following a final order or an appeal of a final order
rendered before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(e) The changes in law made
by this Act apply only to an original
suit affecting the parent-child relationship filed on or after the
effective date of this Act. An original
suit affecting the parent-child relationship filed before the effective
date of this Act is subject to the law in effect at the time the suit was
filed, and the former law is continued in effect for that purpose.
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SECTION 33.
(a) The changes in law made
by this Act apply only to a service plan filed for a full adversary hearing
held under Section 262.201, Family Code, or a status hearing held under
Chapter 263, Family Code, on or after January 1, 2018. A hearing held
before that date is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.
(b)
The changes made by this Act to Section 263.401, Family Code, apply only to
a suit affecting the parent-child relationship pending in a trial court on
the effective date of this Act or filed on or after the effective date of
this Act. A suit affecting the parent-child relationship in which a final
order is rendered before the effective date of this Act is governed by the
law in effect on the date the order was rendered, and the former law is
continued in effect for that purpose.
(c) Except as otherwise provided by this section, the changes
in law made by this Act apply only to a suit affecting the parent-child
relationship filed on or after the effective date of this Act. A suit
affecting the parent-child relationship filed before the effective date of
this Act is subject to the law in effect at the time the suit was filed,
and the former law is continued in effect for that purpose.
(d)
Except as otherwise provided by this section, the changes in law made by
this Act apply only to a contract for the provision of health care services
under the STAR Health program between the Health and Human Services
Commission and a managed care organization under Chapter 533, Government
Code, that is entered into or renewed on or after the effective date of
this Act.
(e)
If before implementing Section 533.0056, Government Code, as added by this
Act, the Health and Human Services Commission determines that a waiver or
authorization from a federal agency is necessary for implementation of that
provision, the health and human services agency affected by the provision
shall request the waiver or authorization and may delay implementing that
provision until the waiver or authorization is granted.
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No
equivalent provision.
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SECTION 34. To the extent of
any conflict, this Act prevails over another Act of the 85th Legislature,
Regular Session, 2017, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 15. This Act takes
effect September 1, 2017.
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SECTION 35. Same as
introduced version.
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