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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for certain court orders in a suit |
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affecting the parent-child relationship filed by the Department of |
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Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.002, Family Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The court shall include in a separate section of its |
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order written findings describing with specificity the factual |
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basis for the court's determination under Subsection (c). Citing |
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the record of the proceedings or incorporating the record by |
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reference is insufficient to meet the requirements of this |
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subsection. This section of the court's order may not be admitted |
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into evidence in a final trial in a suit affecting the parent-child |
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relationship. |
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SECTION 2. Section 263.306, Family Code, is amended by |
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amending Subsection (a-1) and adding Subsection (a-2) to read as |
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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, relative of the child, or other adult identified by the |
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child as a potential relative or designated caregiver; |
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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) 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) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to identify |
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any adults, particularly an adult residing in the child's |
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community, who could be a relative or designated caregiver for the |
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child; |
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(F) 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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(G) 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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(H) 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; |
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(I) 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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(J) based on the court's determination under |
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Section 263.002, whether continued placement is appropriate if the |
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child is placed in a residential treatment center; and |
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(K) based on the court's determination under |
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Section 263.00201, whether continued placement is appropriate if |
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the child is placed in a qualified residential treatment program; |
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(6) determine whether to return the child to the |
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child's parents in accordance with Section 263.002(c) [if the |
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child's parents are willing and able to provide the child with a |
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safe environment and the return of the child is in the child's best |
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interest]; |
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(7) estimate a likely date by which the child may be |
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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) announce in open court the dismissal date and the |
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date of any upcoming hearings. |
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(a-2) If the court determines under Subsection (a-1)(6) not |
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to return the child to the child's parents in accordance with |
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Section 263.002(c), the court shall include in a separate section |
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of its order written findings describing with specificity the |
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factual basis for the court's determination. Citing the record of |
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the proceedings or incorporating the record by reference is |
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insufficient to meet the requirements of this subsection. |
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SECTION 3. Section 263.002(d), Family Code, is repealed. |
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SECTION 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed 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, 2025. |
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