By: Zaffirini S.B. No. 1758
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         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).
         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.
         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.
         SECTION 5.  The changes in law made by this Act to Chapter
  263, Family Code, apply to a suit affecting the parent-child
  relationship filed before, on, or after the effective date of this
  Act.
         SECTION 6.  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.  This Act takes effect September 1, 2017.