| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to policies and procedures regarding children placed by |
|
|
the Department of Family and Protective Services in a residential |
|
|
treatment center or program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 263.001(a), Family Code, is amended by |
|
|
adding Subdivision (5) to read as follows: |
|
|
(5) "Residential treatment center" means a general |
|
|
residential operation licensed under Chapter 42, Human Resources |
|
|
Code, that provides treatment services. |
|
|
SECTION 2. Section 263.002, Family Code, is amended by |
|
|
adding Subsections (e) and (f) to read as follows: |
|
|
(e) If a child is or may be placed in a residential treatment |
|
|
center, the court shall determine whether: |
|
|
(1) the child's needs can be met through placement in a |
|
|
family-like setting; |
|
|
(2) the recommended or existing program can provide |
|
|
the most effective and appropriate level of care for the child; |
|
|
(3) the recommended or existing program is the least |
|
|
restrictive setting consistent with the child's best interest and |
|
|
individual needs; and |
|
|
(4) the placement is consistent with the short-term |
|
|
and long-term goals for the child, as specified by the child's |
|
|
permanency plan. |
|
|
(f) In making a determination under Subsection (e), the |
|
|
court may consider: |
|
|
(1) psychological or psychiatric assessments; |
|
|
(2) the child's current treatment plan and progress |
|
|
being made; |
|
|
(3) any significant medical, legal, or behavioral |
|
|
incidents involving the child; |
|
|
(4) the reasons for the child's discharge from any |
|
|
previous placement or the child's current placement; |
|
|
(5) the programs available at the facility to address |
|
|
the child's needs; |
|
|
(6) the program's plan to discharge the child after |
|
|
treatment; |
|
|
(7) whether there are other programs that more |
|
|
effectively meet the child's needs; and |
|
|
(8) any other information that would assist the court |
|
|
in making the determination. |
|
|
SECTION 3. Section 263.202(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) Except as otherwise provided by this subchapter, a |
|
|
status hearing shall be limited to matters related to the contents |
|
|
and execution of the service plan filed with the court. The court |
|
|
shall review the service plan that the department filed under this |
|
|
chapter for reasonableness, accuracy, and compliance with |
|
|
requirements of court orders and make findings as to whether: |
|
|
(1) a plan that has the goal of returning the child to |
|
|
the child's parents adequately ensures that reasonable efforts are |
|
|
made to enable the child's parents to provide a safe environment for |
|
|
the child; |
|
|
(2) the child's parents have reviewed and understand |
|
|
the plan and have been advised that unless the parents are willing |
|
|
and able to provide the child with a safe environment, even with the |
|
|
assistance of a service plan, within the reasonable period of time |
|
|
specified in the plan, the parents' parental and custodial duties |
|
|
and rights may be subject to restriction or to termination under |
|
|
this code or the child may not be returned to the parents; |
|
|
(3) the plan is narrowly tailored to address any |
|
|
specific issues identified by the department; [and] |
|
|
(4) the child's parents and the representative of the |
|
|
department have signed the plan; |
|
|
(5) based on the court's determination under Section |
|
|
263.002, continued placement is appropriate if the child is placed |
|
|
in a residential treatment center; and |
|
|
(6) based on the court's determination under Section |
|
|
263.00201, continued placement is appropriate if the child is |
|
|
placed in a qualified residential treatment program. |
|
|
SECTION 4. 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, relative of the child, or other adult identified by the |
|
|
child as a potential relative or designated caregiver; |
|
|
(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) 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) whether the child has been provided the |
|
|
opportunity, in a developmentally appropriate manner, to identify |
|
|
any adults, particularly an adult residing in the child's |
|
|
community, who could be a relative or designated caregiver for the |
|
|
child; |
|
|
(F) 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; |
|
|
(G) 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; |
|
|
(H) for a child 14 years of age or older, 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] |
|
|
(I) for a child whose permanency goal is another |
|
|
planned permanent living arrangement: |
|
|
(i) the desired permanency outcome for the |
|
|
child, by asking the child; |
|
|
(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, and the results of the independent living |
|
|
skills assessment; |
|
|
(v) if the youth is 16 years of age or |
|
|
older, whether there is evidence that the department has provided |
|
|
the youth with the documents and information listed in Section |
|
|
264.121(e); and |
|
|
(vi) if the youth is 18 years of age or |
|
|
older or has had the disabilities of minority removed, whether |
|
|
there is evidence that the department has provided the youth with |
|
|
the documents and information listed in Section 264.121(e-1); |
|
|
(J) based on the court's determination under |
|
|
Section 263.002, whether continued placement is appropriate if the |
|
|
child is placed in a residential treatment center; and |
|
|
(K) based on the court's determination under |
|
|
Section 263.00201, whether continued placement is appropriate if |
|
|
the child is placed in a qualified residential treatment program; |
|
|
(6) 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) 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) announce in open court the dismissal date and the |
|
|
date of any upcoming hearings. |
|
|
SECTION 5. Section 263.5031(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) 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; |
|
|
(3) for a child placed with a relative of the child or |
|
|
other designated caregiver, review the efforts of the department to |
|
|
inform the caregiver of: |
|
|
(A) the option to become verified by a licensed |
|
|
child-placing agency to operate an agency foster home, if |
|
|
applicable; and |
|
|
(B) the permanency care assistance program under |
|
|
Subchapter K, Chapter 264; and |
|
|
(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) whether the child has been provided the |
|
|
opportunity, in a developmentally appropriate manner, to identify |
|
|
any adult, particularly an adult residing in the child's community, |
|
|
who could be a relative or designated caregiver for the child; |
|
|
(C) whether the department placed the child with |
|
|
a relative or designated caregiver and 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; |
|
|
(D) 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; |
|
|
(E) 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; |
|
|
(F) for a child whose permanency goal is another |
|
|
planned permanent living arrangement: |
|
|
(i) the desired permanency outcome for the |
|
|
child, by asking the child; |
|
|
(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, and the results of the independent living |
|
|
skills assessment; |
|
|
(v) if the youth is 16 years of age or |
|
|
older, whether there is evidence that the department has provided |
|
|
the youth with the documents and information listed in Section |
|
|
264.121(e); and |
|
|
(vi) if the youth is 18 years of age or |
|
|
older or has had the disabilities of minority removed, whether |
|
|
there is evidence that the department has provided the youth with |
|
|
the documents and information listed in Section 264.121(e-1); |
|
|
(G) if the child is 14 years of age or older, |
|
|
whether services that are needed to assist the child in |
|
|
transitioning from substitute care to independent living are |
|
|
available in the child's community; |
|
|
(H) 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; |
|
|
(I) 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; |
|
|
(J) 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; |
|
|
(K) 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] |
|
|
(L) whether the department has identified a |
|
|
family or other caring adult who has made a permanent commitment to |
|
|
the child; |
|
|
(M) based on the court's determination under |
|
|
Section 263.002, whether continued placement is appropriate if the |
|
|
child is placed in a residential treatment center; and |
|
|
(N) based on the court's determination under |
|
|
Section 263.00201, whether continued placement is appropriate if |
|
|
the child is placed in a qualified residential treatment program. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |