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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of an attorney ad litem for a child in |
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the conservatorship of the Department of Family and Protective |
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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 107.016, Family Code, is amended to read |
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as follows: |
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Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
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APPOINTMENT. In a suit filed by a governmental entity in which |
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termination of the parent-child relationship or appointment of the |
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entity as conservator of the child is requested: |
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(1) an order appointing the Department of Family and |
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Protective Services as the child's managing conservator may provide |
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for the continuation of the appointment of the guardian ad litem for |
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the child for any period during the time the child remains in the |
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conservatorship of the department, as set by the court; |
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(2) subject to Section 263.4042, an order appointing |
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the Department of Family and Protective Services as the child's |
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managing conservator shall [may] provide for the continuation of |
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the appointment of the attorney ad litem for the child as long as |
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the child remains in the conservatorship of the department; and |
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(3) an attorney appointed under this subchapter to |
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serve as an attorney ad litem for a parent or an alleged father |
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continues to serve in that capacity until the earliest of: |
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(A) the date the suit affecting the parent-child |
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relationship is dismissed; |
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(B) the date all appeals in relation to any final |
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order terminating parental rights are exhausted or waived; or |
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(C) the date the attorney is relieved of the |
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attorney's duties or replaced by another attorney after a finding |
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of good cause is rendered by the court on the record. |
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SECTION 2. Subchapter E, Chapter 263, Family Code, is |
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amended by adding Section 263.4042 to read as follows: |
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Sec. 263.4042. CONTINUED APPOINTMENT OF ATTORNEY AD LITEM |
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AFTER FINAL ORDER. (a) On the entry of a final order terminating |
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the parent-child relationship and naming the Department of Family |
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and Protective Services as the child's managing conservator, the |
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court may discharge the attorney ad litem appointed for the child if |
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the court finds that the child: |
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(1) resides in the home identified in the child's |
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permanency plan as the child's permanent home; |
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(2) has an attorney ad litem or guardian ad litem who |
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does not object to the child's permanency plan; and |
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(3) has resided in the home described by Subdivision |
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(1) for at least three months. |
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(b) If a court renders an order discharging a child's |
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attorney ad litem under Subsection (a), at each permanency hearing |
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following the final order held under Section 263.501, the court |
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shall make the findings required by Section 263.5031. |
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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. (a) At each permanency hearing after the court renders a |
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final 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) whether the department placed the child with |
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a relative or other designated caregiver and the continuing |
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necessity and appropriateness of the placement of the child, |
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including with respect to a child who has been placed outside of |
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this state, whether the placement continues to be in the best |
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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; |
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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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(b) At each permanency hearing after the court renders a |
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final order, the court: |
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(1) for a child who is not represented by an attorney |
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ad litem shall: |
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(A) determine whether the child requires |
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representation by an attorney ad litem under Section 107.016; and |
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(B) if the court declines to appoint an attorney |
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ad litem for the child, state the reason for declining to appoint an |
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attorney ad litem; and |
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(2) for a child who is represented by an attorney ad |
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litem: |
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(A) shall consider the need for continued |
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appointment of the attorney ad litem for the child; and |
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(B) may discharge the attorney ad litem appointed |
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for the child if the court finds that: |
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(i) the child is eligible for adoption and |
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living in the home identified in the permanency plan as the child's |
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permanent home; |
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(ii) the child's attorney ad litem or |
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guardian ad litem does not object to the child's permanency plan; |
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and |
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(iii) the child has resided in the home |
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described by Subparagraph (i) for at least three months. |
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SECTION 4. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship filed before, on, or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |