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SECTION 1. Section
263.306(a-1), Family Code, is amended 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) 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;
(4) review the extent
of the parties' compliance with temporary orders and the service plan and
the extent to which progress has been made toward alleviating or mitigating
the causes necessitating the placement of the child in foster care;
(5) [(4)]
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) 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
pyschotropic 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:
(i)[,] 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;
(iii) whether the
department has conducted an independent living skills assessment under
Section 264.121(a-3);
(iv) whether the
department has addressed the goals identified in the child's permanency
plan, including the child's housing plan, if
applicable, and the results of the independent living skills
assessment; and
(v) whether if the child is 16 years of age or older,
there is evidence that the department has provided the information and
documentation listed in Section 264.121(e); and
(vi) if the child is at least 18 years of age or
has had the disabilities of minority removed, that the department has
provided the information listed in Section 264.121 (e-1).
(6) [(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;
(7) [(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
(8) [(7)]
announce in open court the dismissal date and the date of any upcoming
hearings.
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SECTION 1. Section
263.306(a-1), Family Code, is amended 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) 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;
(4) review the extent
of the parties' compliance with temporary orders and the service plan and
the extent to which progress has been made toward alleviating or mitigating
the causes necessitating the placement of the child in foster care;
(5) [(4)]
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) 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;
(iii) whether the
department has conducted an independent living skills assessment under
Section 264.121(a-3);
(iv) whether the
department has addressed the goals identified in the child's permanency
plan, including the child's housing plan, and the results of the independent
living skills assessment;
(v) if the youth is 16 years of age or older, whether
there is evidence that the department has provided the youth with the documents and information listed in
Section 264.121(e); and
(vi) if the youth is 18 years of age or older or
has had the disabilities of minority removed, whether
there is evidence that the department has provided the youth with the documents and
information listed in Section 264.121(e-1);
(6) [(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;
(7) [(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
(8) [(7)]
announce in open court the dismissal date and the date of any upcoming
hearings.
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SECTION 2. Subchapter E,
Chapter 263, Family Code, is amended by adding Section 263.4041 to read as
follows:
Sec. 263.4041.
VERIFICATION OF TRANSITION PLAN BEFORE FINAL ORDER. Notwithstanding
Section 263.401, for a suit involving a child who is 14 years of age or
older and whose permanency goal is another planned permanent living
arrangement, the court shall verify that:
(1) the department has
conducted an independent living skills assessment for the child as provided
under Section 264.121(a-3);
(2) the department has
addressed the goals identified in the child's permanency plan, including
the child's housing plan, if applicable,
and the results of the independent living skills assessment;
(3) if the child is 16 years of age or older,
there is evidence that the department has provided the child with the information and
documentation in Section 264.121(e); and
(4) if the child is at least 18 years of age or
has had the disabilities of minority removed, that the department has
provided the information listed in Section 264.121(e-1).
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SECTION 2. Subchapter E,
Chapter 263, Family Code, is amended by adding Section 263.4041 to read as
follows:
Sec. 263.4041.
VERIFICATION OF TRANSITION PLAN. Notwithstanding Section 263.401, for a
suit involving a child who is 14 years of age or older and whose permanency
goal is another planned permanent living arrangement, the court shall
verify that:
(1) the department has
conducted an independent living skills assessment for the child as provided
under Section 264.121(a-3);
(2) the department has
addressed the goals identified in the child's permanency plan, including
the child's housing plan, and the results of the independent living skills
assessment;
(3) if the youth is 16 years of age or older,
there is evidence that the department has provided the youth with the documents and
information listed in Section 264.121(e); and
(4) if the youth is 18 years of age or older or
has had the disabilities of minority removed, there
is evidence that the department has provided the youth with the documents and
information listed in Section 264.121(e-1).
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SECTION 3. 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;
(iii) whether, the
department has conducted an independent living skills assessment under
Section 264.121(a-3);
(iv) whether, the
department has addressed the goals identified in the child's permanency
plan, including the child's housing plan, if
applicable, and the results of the independent living skills
assessment;
(v) whether if the child is 16 years of age or older,
there is evidence that the department has provided the child with the information and
documentation listed in Section 264.121(e); and
(vi) whether, if the child is at least 18 years of age or
has had the disabilities of minority removed, that the department has
provided the information listed in Section 264.121(e-1).
(F) if the child is 14 years
of age or older:
(i)[,] 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 3. 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;
(iii) whether the
department has conducted an independent living skills assessment under
Section 264.121(a-3);
(iv) whether the
department has addressed the goals identified in the child's permanency
plan, including the child's housing plan, and the results of the
independent living skills assessment;
(v) if the youth is 16 years of age or older, whether
there is evidence that the department has provided the youth with the documents and
information listed in Section 264.121(e); and
(vi) if the youth is 18 years of age or older or
has had the disabilities of minority removed, whether there is evidence
that the department has provided the youth
with the documents and
information listed in Section 264.121(e-1);
(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 4. Section 264.121,
Family Code, is amended by adding Subsections (a-3) and (a-4) 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 that
the department's obligation to prepare the youth for independent living has
been met.
(1) The annual update of
the independent living skills assessment shall
be conducted through the child's
plan of service in coordination with the child,
the caseworker, the Preparation
for Adult Living staff and the child's
caregiver.
(a-4) The department shall work with outside
stakeholders to develop a plan to standardize the curriculum for the
Preparation for Adult Living Program that ensures that 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.
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SECTION 4. Section 264.121,
Family Code, is amended by adding Subsections (a-3) and (a-4) to read as
follows:
(a-3) The department
shall conduct an independent living skills assessment for all youth in the
department's permanent managing
conservatorship who are at least 14
years of age but younger than 16 years of age and all youth in the
department's conservatorship who are 16 years of age or older. The
department shall annually update the assessment for each youth assessed under this section to
determine the independent living skills the youth learned during the
preceding year to ensure that the department's obligation to prepare the
youth for independent living has been met.
The department shall conduct the annual update through
the youth's plan of service in
coordination with the youth, the youth's caseworker, the staff of the
Preparation for Adult Living Program, and the youth's
caregiver.
(a-4) The department, in coordination with stakeholders,
shall develop a plan to standardize the curriculum for the
Preparation for Adult Living Program that ensures that 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.
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