BILL ANALYSIS

 

 

Senate Research Center	S.B. 1758
	By: Zaffirini
	Health & Human Services
	4/10/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Youth who age out of foster care are more likely than their peers to experience negative outcomes, including lower rates of college attendance and higher rates of homelessness and unemployment. While agency policy and state statute touch upon a youth's assessment of living skills, permanency planning, and require the Department of Family and Protective Services (DFPS) to provide youth with personal documentation, youth report that they are aging out of foster care without having these important components addressed. Currently, Texas law requires DFPS to provide services to assist youth 16 and older as they transition out of foster care, and requires that they provide transitional planning services through the Transitional Living Services Program and the Preparation for Adult Living (PAL).

 

S.B. 1758 amends the Family Code to require that an independent living skills assessment be conducted on a yearly basis starting when a child in DFPS care is 14 years of age to ensure that the transitional living skills necessary for the youth to be independent upon leaving care are understood, tracked, and adjusted as needed. This bill also requires DFPS to update the PAL program to ensure it is relevant, age-appropriate, and useful in ensuring youth are ready for adulthood. What's more, S.B. 1758 requires that the judge presiding over the case hold DFPS accountable for conducting the independent living skills assessment, addressing the goals in the permanency plan, and providing youth with personal documentation currently required in statute during permanency hearings, particularly those that take place before the final order.

 

As proposed, S.B. 1758 amends current law relating to requirements for the court in permanency hearings for children in the conservatorship of the Department of Family and Protective Services who are receiving transitional living services.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 263.306(a-1), Family Code, as follows:

 

(a-1) Requires the court, at each permanency hearing before a final order is rendered, to:

 

(1) and (2) makes no changes to these subdivisions;

 

(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) redesignates existing Subdivision (3) as Subdivision (4) and makes no further changes to this subdivision;

 

(5) redesignates existing Subdivision (4) as Subdivision (5); review the permanency progress report to determine:

 

(A) to (F) makes no changes to these paragraphs;

 

(G) makes nonsubstantive changes;

 

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

 

(i) and (ii) makes no changes to these subparagraphs;

 

(iii) whether the Department of Family and Protective Services (DFPS) has conducted an independent living skills assessment under Section 2654.121(a-3), which is added by this Act;

 

(iv) whether DFPS 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 year of age or older, there is evidence that DFPS has provided the information and documentation listed in Section 264.121(e) (relating to copies of certain documents to be acquired by each youth); and

 

(vi) if the child is at least 18 years of age or has had the disabilities of minority removed, that DFPS has provided the information listed in Section 264.121(e-1) (relating to requiring DFPS to provide certain information and documents to certain youths not later than a certain day).

 

(6) through (8) redesignates existing Subdivisions (5) through (7) as Subdivisions (6) through (8) and makes no further changes to these subdivisions.

 

SECTION 2. Amends Subchapter E, Chapter 263, Family Code, by adding Section 263.4041, as follows:

 

Sec. 263.4041. VERIFICATION OF TRANSITION PLAN BEFORE FINAL ORDER. Requires the court, notwithstanding Section 263.401 (Dismissal After One Year; New Trials; Extension), for a suit involving a child who is 14 years of age or older and whose permanency goal is another planned permanent living arrangement, to verify certain qualifications.�

 

SECTION 3. Amends Section 263.5031, Family Code,� as follows:

 

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

 

(1) and (2) makes no changes to these subdivisions;

 

(3) review the permanency progress report to determine:

 

(A) to (D) makes no changes to these paragraphs;

 

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

 

(i) and (ii) makes no changes to these subparagraphs;

 

(iii) whether, DFPS has conducted an independent living skills assessment under Section 264.121(a-3);

 

(iv) whether, DFPS 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 DFPS 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 DFPS has provided the information listed in Section 264.121(e-1).

 

(F) makes nonsubstantive changes;

 

(G) to (K) makes no changes to these paragraphs.

 

SECTION 4. Amends Section 264.121, Family Code, by adding Subsections (a-3) and (a-4), as follows:

 

(a-3) Requires DFPS to conduct an independent living skills assessment for all youth 14 years of age or older in DFPS's conservationship. Requires DFPS to annually update the assessment for each youth, to determine the independent living skills the youth learned during the preceding year to ensure that DFPS's obligation to prepare the youth for independent living has been met.

 

(1) Requires that the annual update of the independent living skills assessment be conducted through the child's plan of service in coordination with the child, the caseworker, the Preparation for Adult Living (PAL) staff, and the child's caregiver.

 

(a-4) Requires DFPS to work with outside stakeholders to develop a plan to standardize the curriculum for the PAL program that ensure that youth 14 years of age or older enrolled in the program receive relevant and age-appropriate information and training. Requires DFPS to report the plan to the legislature not later than December 1, 2018.

 

SECTION 5. Provides that the changes in law made by this Act to Chapter 263 (Review of Placement of Children Under Care of Department of Family and Protective Services), Family Code, apply to a suit affecting the parent-child relationship filed before, on, or after the effective date of this Act.

 

SECTION 6. Provides that 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.

 

SECTION 7. Effective date: September 1, 2017.