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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for the court in permanency hearings for |
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children in the conservatorship of the Department of Family and |
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Protective Services who are receiving transitional living |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.306(a-1), Family Code, is amended to |
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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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(iii) whether the department has conducted |
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an independent living skills assessment under Section |
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264.121(a-3); |
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(iv) whether the department has addressed |
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the goals identified in the child's permanency plan, including the |
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child's housing plan, and the results of the independent living |
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skills assessment; |
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(v) if the youth is 16 years of age or |
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older, whether there is evidence that the department has provided |
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the youth with the documents and information listed in Section |
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264.121(e); and |
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(vi) if the youth is 18 years of age or |
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older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
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the documents and information listed in Section 264.121(e-1); |
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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 may |
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be returned to and safely maintained in the child's home, placed for |
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adoption, or placed in permanent managing conservatorship; and |
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(8) [(7)] announce in open court the dismissal date |
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and the date of any upcoming hearings. |
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SECTION 2. Subchapter E, Chapter 263, Family Code, is |
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amended by adding Section 263.4041 to read as follows: |
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Sec. 263.4041. VERIFICATION OF TRANSITION PLAN. |
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Notwithstanding Section 263.401, for a suit involving a child who |
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is 14 years of age or older and whose permanency goal is another |
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planned permanent living arrangement, the court shall verify that: |
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(1) the department has conducted an independent living |
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skills assessment for the child as provided under Section |
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264.121(a-3); |
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(2) the department has addressed the goals identified |
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in the child's permanency plan, including the child's housing plan, |
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and the results of the independent living skills assessment; |
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(3) if the youth is 16 years of age or older, there is |
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evidence that the department has provided the youth with the |
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documents and information listed in Section 264.121(e); and |
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(4) if the youth is 18 years of age or older or has had |
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the disabilities of minority removed, there is evidence that the |
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department has provided the youth with the documents and |
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information listed in Section 264.121(e-1). |
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SECTION 3. 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 |
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ORDER. At each permanency hearing after the court renders a final |
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order, 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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(iii) whether the department has conducted |
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an independent living skills assessment under Section |
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264.121(a-3); |
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(iv) whether the department has addressed |
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the goals identified in the child's permanency plan, including the |
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child's housing plan, and the results of the independent living |
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skills assessment; |
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(v) if the youth is 16 years of age or |
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older, whether there is evidence that the department has provided |
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the youth with the documents and information listed in Section |
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264.121(e); and |
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(vi) if the youth is 18 years of age or |
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older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
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the documents and information listed in Section 264.121(e-1); |
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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. |
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SECTION 4. Section 264.121, Family Code, is amended by |
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adding Subsections (a-3) and (a-4) to read as follows: |
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(a-3) The department shall conduct an independent living |
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skills assessment for all youth in the department's permanent |
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managing conservatorship who are at least 14 years of age but |
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younger than 16 years of age and all youth in the department's |
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conservatorship who are 16 years of age or older. The department |
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shall annually update the assessment for each youth assessed under |
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this section to determine the independent living skills the youth |
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learned during the preceding year to ensure that the department's |
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obligation to prepare the youth for independent living has been |
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met. The department shall conduct the annual update through the |
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youth's plan of service in coordination with the youth, the youth's |
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caseworker, the staff of the Preparation for Adult Living Program, |
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and the youth's caregiver. |
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(a-4) The department, in coordination with stakeholders, |
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shall develop a plan to standardize the curriculum for the |
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Preparation for Adult Living Program that ensures that youth 14 |
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years of age or older enrolled in the program receive relevant and |
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age-appropriate information and training. The department shall |
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report the plan to the legislature not later than December 1, 2018. |
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SECTION 5. The changes in law made by this Act to Chapter |
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263, Family Code, apply to a suit affecting the parent-child |
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relationship filed before, on, or after the effective date of this |
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Act. |
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SECTION 6. The Department of Family and Protective Services |
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is required to implement this Act only if the legislature |
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appropriates money specifically for that purpose. If the |
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legislature does not appropriate money specifically for that |
|
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purpose, the agency may, but is not required to, implement this Act |
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using other appropriations available for the purpose. |
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SECTION 7. To the extent of any conflict, this Act prevails |
|
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 8. This Act takes effect September 1, 2017. |