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A BILL TO BE ENTITLED
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AN ACT
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relating to assistance for foster children, homeless children or |
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youth, and unaccompanied youth. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.0491, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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INDIGENT DEFENDANTS AND CHILDREN. (a) A municipal court, |
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regardless of whether the court is a court of record, or a justice |
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court may waive payment of a fine or costs imposed on a defendant |
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who defaults in payment if the court determines that: |
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(1) the defendant is indigent or was, at the time the |
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offense was committed, a child as defined by Article 45.058(h); and |
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(2) discharging the fine and costs under Article |
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45.049 or as otherwise authorized by this chapter would impose an |
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undue hardship on the defendant. |
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(b) A defendant is presumed to be indigent if the defendant: |
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(1) is in the conservatorship of the Department of |
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Family and Protective Services or was in the conservatorship of the |
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Department of Family and Protective Services at the time of the |
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offense; or |
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(2) is designated as a homeless child or youth or an |
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unaccompanied youth as those terms are defined by 42 U.S.C. Section |
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11434a or was designated as a homeless child or youth or an |
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unaccompanied youth as those terms are defined by 42 U.S.C. Section |
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11434a at the time of the offense. |
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SECTION 2. Section 107.002(b-1), Family Code, is amended to |
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read as follows: |
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(b-1) In addition to the duties required by Subsection (b), |
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a guardian ad litem appointed for a child in a proceeding under |
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Chapter 262 or 263 shall: |
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(1) review the medical care provided to the child; |
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[and] |
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(2) in a developmentally appropriate manner, seek to |
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elicit the child's opinion on the medical care provided; and |
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(3) for a child at least 16 years of age ascertain |
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whether the child has received the following documents: |
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(A) a certified copy of the child's birth |
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certificate; |
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(B) a social security card or a replacement |
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social security card; |
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(C) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code; |
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and |
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(D) any other personal document the Department of |
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Family and Protective Services determines appropriate. |
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SECTION 3. Section 107.003(b), Family Code, is amended to |
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read as follows: |
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(b) In addition to the duties required by Subsection (a), an |
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attorney ad litem appointed for a child in a proceeding under |
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Chapter 262 or 263 shall: |
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(1) review the medical care provided to the child; |
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(2) in a developmentally appropriate manner, seek to |
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elicit the child's opinion on the medical care provided; and |
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(3) for a child at least 16 years of age: |
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(A)[,] advise the child of the child's right to |
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request the court to authorize the child to consent to the child's |
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own medical care under Section 266.010; and |
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(B) ascertain whether the child has received the |
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following documents: |
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(i) a certified copy of the child's birth |
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certificate; |
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(ii) a social security card or a |
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replacement social security card; |
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(iii) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code; |
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and |
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(iv) any other personal document the |
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Department of Family and Protective Services determines |
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appropriate. |
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SECTION 4. Sections 263.306(a-1) and (c), Family Code, are |
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amended to read as follows: |
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(a-1) At each permanency hearing before a final order is |
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rendered, the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
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agency in: |
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(A) locating and requesting service of citation |
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on all persons entitled to service of citation under Section |
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102.009; and |
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(B) obtaining the assistance of a parent in |
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providing information necessary to locate an absent parent, alleged |
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father, or relative of the child; |
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(3) ask all parties present whether the child or the |
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child's family has a Native American heritage and identify any |
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Native American tribe with which the child may be associated; |
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(4) review the extent of the parties' compliance with |
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temporary orders and the service plan and the extent to which |
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progress has been made toward alleviating or mitigating the causes |
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necessitating the placement of the child in foster care; |
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(5) [(4)] review the permanency progress report to |
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determine: |
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(A) the safety and well-being of the child and |
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whether the child's needs, including any medical or special needs, |
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are being adequately addressed; |
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(B) the continuing necessity and appropriateness |
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of the placement of the child, including with respect to a child who |
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has been placed outside of this state, whether the placement |
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continues to be in the best interest of the child; |
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(C) the appropriateness of the primary and |
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alternative permanency goals for the child developed in accordance |
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with department rule and whether the department has made reasonable |
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efforts to finalize the permanency plan, including the concurrent |
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permanency goals, in effect for the child; |
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(D) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to express |
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the child's opinion on any medical care provided; |
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(E) for a child receiving psychotropic |
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medication, whether the child: |
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(i) has been provided appropriate |
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nonpharmacological interventions, therapies, or strategies to meet |
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the child's needs; or |
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(ii) has been seen by the prescribing |
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physician, physician assistant, or advanced practice nurse at least |
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once every 90 days; |
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(F) whether an education decision-maker for the |
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child has been identified, the child's education needs and goals |
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have been identified and addressed, and there have been major |
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changes in the child's school performance or there have been |
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serious disciplinary events; |
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(G) for a child 14 years of age or older, whether |
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services that are needed to assist the child in transitioning from |
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substitute care to independent living are available in the child's |
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community; and |
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(H) for a child whose permanency goal is another |
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planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; and |
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(ii) whether, as of the date of the hearing, |
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another planned permanent living arrangement is the best permanency |
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plan for the child and, if so, provide compelling reasons why it |
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continues to not be in the best interest of the child to: |
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(a) return home; |
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(b) be placed for adoption; |
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(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
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relative; |
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(6) [(5)] determine whether to return the child to the |
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child's parents if the child's parents are willing and able to |
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provide the child with a safe environment and the return of the |
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child is in the child's best interest; |
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(7) [(6)] estimate a likely date by which the child |
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may be returned to and safely maintained in the child's home, placed |
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for adoption, or placed in permanent managing conservatorship; |
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(8) determine whether the department has provided the |
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child with the following: |
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(A) the child's birth certificate; |
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(B) a social security card or a replacement |
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social security card; |
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(C) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code, |
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for a child who is 16 years of age or older; and |
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(D) the information contained in the child's |
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health passport, including the child's immunization records, as |
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required under Section 266.006; and |
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(9) [(7)] announce in open court the dismissal date |
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and the date of any upcoming hearings. |
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(c) In addition to the requirements of Subsection (a-1) |
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[(a)], at each permanency hearing before a final order is rendered |
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the court shall review the department's efforts to ensure that the |
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child has regular, ongoing opportunities to engage in |
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age-appropriate normalcy activities, including activities not |
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listed in the child's service plan. |
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SECTION 5. Section 263.5031, Family Code, is amended to |
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read as follows: |
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Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. |
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At each permanency hearing after the court renders a final order, |
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the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
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agency in notifying persons entitled to notice under Section |
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263.0021; [and] |
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(3) review the permanency progress report to |
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determine: |
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(A) the safety and well-being of the child and |
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whether the child's needs, including any medical or special needs, |
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are being adequately addressed; |
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(B) the continuing necessity and appropriateness |
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of the placement of the child, including with respect to a child who |
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has been placed outside of this state, whether the placement |
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continues to be in the best interest of the child; |
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(C) if the child is placed in institutional care, |
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whether efforts have been made to ensure that the child is placed in |
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the least restrictive environment consistent with the child's best |
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interest and special needs; |
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(D) the appropriateness of the primary and |
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alternative permanency goals for the child, whether the department |
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has made reasonable efforts to finalize the permanency plan, |
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including the concurrent permanency goals, in effect for the child, |
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and whether: |
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(i) the department has exercised due |
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diligence in attempting to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption; or |
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(ii) another permanent placement, |
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including appointing a relative as permanent managing conservator |
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or returning the child to a parent, is appropriate for the child; |
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(E) for a child whose permanency goal is another |
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planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; and |
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(ii) whether, as of the date of the hearing, |
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another planned permanent living arrangement is the best permanency |
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plan for the child and, if so, provide compelling reasons why it |
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continues to not be in the best interest of the child to: |
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(a) return home; |
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(b) be placed for adoption; |
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(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
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relative; |
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(F) if the child is 14 years of age or older, |
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whether services that are needed to assist the child in |
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transitioning from substitute care to independent living are |
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available in the child's community; |
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(G) whether the child is receiving appropriate |
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medical care and has been provided the opportunity, in a |
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developmentally appropriate manner, to express the child's opinion |
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on any medical care provided; |
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(H) for a child receiving psychotropic |
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medication, whether the child: |
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(i) has been provided appropriate |
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nonpharmacological interventions, therapies, or strategies to meet |
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the child's needs; or |
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(ii) has been seen by the prescribing |
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physician, physician assistant, or advanced practice nurse at least |
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once every 90 days; |
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(I) whether an education decision-maker for the |
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child has been identified, the child's education needs and goals |
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have been identified and addressed, and there are major changes in |
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the child's school performance or there have been serious |
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disciplinary events; |
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(J) for a child for whom the department has been |
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named managing conservator in a final order that does not include |
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termination of parental rights, whether to order the department to |
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provide services to a parent for not more than six months after the |
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date of the permanency hearing if: |
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(i) the child has not been placed with a |
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relative or other individual, including a foster parent, who is |
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seeking permanent managing conservatorship of the child; and |
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(ii) the court determines that further |
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efforts at reunification with a parent are: |
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(a) in the best interest of the child; |
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and |
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(b) likely to result in the child's |
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safe return to the child's parent; and |
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(K) whether the department has identified a |
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family or other caring adult who has made a permanent commitment to |
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the child; and |
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(4) if the child is 16 years of age or older, determine |
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whether the department has provided the child with the following: |
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(A) the child's birth certificate; |
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(B) a social security card or a replacement |
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social security card; |
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(C) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code; |
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(D) the information contained in the child's |
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health passport, including the child's immunization records, as |
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required under Section 266.006; |
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(E) proof of enrollment of the child in Medicaid, |
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if appropriate; and |
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(F) written information advising the child of |
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postsecondary education benefits and opportunities available to |
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the child, including the tuition exemption for former foster |
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children under Section 54.366, Education Code. |
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SECTION 6. Subchapter A, Chapter 191, Health and Safety |
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Code, is amended by adding Section 191.0049 to read as follows: |
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Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR |
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HOMELESS OR UNACCOMPANIED YOUTH. On request of a child described by |
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this section, the state registrar, a local registrar, or a county |
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clerk shall issue, without fee or parental consent, a certified |
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copy of the child's birth record to: |
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(1) a homeless child or youth or an unaccompanied |
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youth as those terms are defined by 42 U.S.C. Section 11434a; and |
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(2) a child in the managing conservatorship of the |
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Department of Family and Protective Services. |
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SECTION 7. Subchapter E, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1015 to read as follows: |
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Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED |
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TO FOSTER OR HOMELESS CHILD. (a) In this section: |
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(1) "Foster child" means a person who is 16 years of |
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age or older and in the managing conservatorship of the Department |
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of Family and Protective Services. |
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(2) "Homeless child or youth" has the meaning assigned |
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by 42 U.S.C. Section 11434a. |
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(3) "Unaccompanied youth" has the meaning assigned by |
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42 U.S.C. Section 11434a. |
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(b) This section applies to the application for a personal |
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identification certificate only for a foster child, a homeless |
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child or youth, or an unaccompanied youth. |
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(c) Notwithstanding Section 521.101, Section 521.1426, or |
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any other provision of this chapter, a child or youth described by |
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Subsection (b) may, in applying for a personal identification |
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certificate: |
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(1) provide a copy of the child's or youth's birth |
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certificate as proof of the child's or youth's identity and United |
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States citizenship, as applicable; and |
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(2) if the child or youth does not have a residence or |
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domicile, provide a letter from the school district in which the |
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child or youth is enrolled certifying that the child or youth is a |
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homeless child or youth or an unaccompanied youth. |
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(d) A child or youth described by Subsection (b) may apply |
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for and the department may issue a personal identification |
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certificate without the signature or presence of or permission from |
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a parent or guardian of the child or youth. |
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(e) A child or youth described by Subsection (b) is exempt |
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from the payment of any fee for the issuance of a personal |
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identification certificate under this chapter. |
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SECTION 8. Section 521.1811, Transportation Code, is |
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amended to read as follows: |
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Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR HOMELESS |
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OR UNACCOMPANIED [CARE] YOUTH. A person is exempt from the payment |
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of any fee for the issuance of a driver's license, as provided under |
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this chapter, if that person is: |
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(1) younger than 18 years of age and in the managing |
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conservatorship of the Department of Family and Protective |
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Services; [or] |
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(2) at least 18 years of age, but younger than 21 years |
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of age, and resides in a foster care placement, the cost of which is |
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paid by the Department of Family and Protective Services; or |
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(3) a homeless child or youth or an unaccompanied |
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youth as those terms are defined by 42 U.S.C. Section 11434a. |
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SECTION 9. Section 263.306(a), Family Code, is repealed. |
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SECTION 10. The changes in law made by this Act apply to an |
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application for a driver's license, personal identification |
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certificate, or birth certificate submitted on or after the |
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effective date of this Act. An application for a driver's license, |
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personal identification certificate, or birth certificate |
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submitted before the effective date of this Act is governed by the |
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law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 11. The changes in law made by this Act to Sections |
|
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263.306 and 263.5031, Family Code, apply to a suit affecting the |
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parent-child relationship that is pending on or filed on or after |
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the effective date of this Act. |
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SECTION 12. To the extent of any conflict, this Act prevails |
|
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over another Act of the 85th Legislature, Regular Session, 2017, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
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codes. |
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SECTION 13. This Act takes effect September 1, 2017. |