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SECTION 1. Section 263.5031,
Family Code is amended by adding Subsection (L) 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) 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; and
(L) whether the
department has provided a child, who has attained the age of sixteen, or the child's authorized representative with
a copy and a certified copy of the following documents or with the original document, as applicable:
(i) the child's birth
certificate;
(ii) a Social Security
card or replacement Social Security card;
(iii) a personal
identification certificate under Chapter 521, Transportation Code;
(iv) the information
contained in the youth's health passport, including the youth's
immunization records;
(v) proof of enrollment
in Medicaid, if appropriate; and
(vi) written information
advising the child of postsecondary education benefits and opportunities
available to the child.
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SECTION 1. 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) 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; and
(4) if the child is 16
years of age or older, determine whether the department has provided the child
with the following:
(A) the child's birth
certificate;
(B) a social security
card or a replacement social security card;
(C) a driver's license or personal
identification certificate under Chapter 521, Transportation Code;
(D) the information
contained in the child's health passport, including the child's
immunization records, as required under
Section 266.006;
(E) proof of enrollment of the child in Medicaid, if
appropriate; and
(F) written information
advising the child of postsecondary education benefits and opportunities
available to the child, including the
tuition exemption for former foster children under Section 54.366,
Education Code.
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