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A BILL TO BE ENTITLED
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AN ACT
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relating to policies and procedures regarding certain young adults |
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in 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. Chapter 31, Family Code, is amended by adding |
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Section 31.0011 to read as follows: |
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Sec. 31.0011. CHILD IN MANAGING CONSERVATORSHIP OF |
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DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) In this section, |
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"department" means the Department of Family and Protective |
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Services. |
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(b) The department may file a motion to have the |
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disabilities of minority removed for a child in the department's |
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conservatorship for the limited purposes described by Subsection |
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(d) if the child: |
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(1) is at least 17 years of age; and |
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(2) either: |
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(A) has refused services from the department for |
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a period of not less than 60 days before the date the department |
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files the motion; or |
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(B) has been consistently absent from the child's |
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placement, including an unlicensed setting for temporary emergency |
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care under Section 264.107(g), for a period of not less than 60 days |
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before the date the department files the motion. |
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(c) A motion under this section must be: |
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(1) filed in the court of continuing exclusive |
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jurisdiction; and |
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(2) supported by a sworn affidavit describing the |
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efforts made by the department to: |
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(A) engage the child in services; or |
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(B) return the child to the possession of the |
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department. |
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(d) An order removing the disabilities of minority under |
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this section is for the limited purpose of implementing a period of |
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trial independence under Section 263.6015 and other limited |
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purposes ordered by the court. |
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SECTION 2. Sections 31.002, 31.003, 31.004, and 31.005, |
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Family Code, are amended to read as follows: |
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Sec. 31.002. REQUISITES OF PETITION OR MOTION; |
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VERIFICATION. (a) The petition or motion for removal of |
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disabilities of minority must state: |
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(1) the name, age, and place of residence of the minor |
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[petitioner]; |
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(2) the name and place of residence of each living |
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parent; |
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(3) the name and place of residence of the guardian of |
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the person and the guardian of the estate, if any; |
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(4) the name and place of residence of the managing |
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conservator, if any; |
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(5) the reasons why removal would be in the best |
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interest of the minor; and |
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(6) the purposes for which removal is requested. |
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(b) A parent of the petitioner must verify the petition |
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under Section 31.001, except that if a managing conservator or |
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guardian of the petitioner [person] has been appointed, the |
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petition must be verified by that person. If the person who is to |
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verify the petition is unavailable or that person's whereabouts are |
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unknown, the amicus attorney or attorney ad litem shall verify the |
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petition. |
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(c) The Department of Family and Protective Services must |
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verify the motion under Section 31.0011. |
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Sec. 31.003. VENUE. A [The] petitioner shall file the |
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petition described by Section 31.001 in the county in which the |
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petitioner resides. |
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Sec. 31.004. REPRESENTATION OF MINOR [PETITIONER]. The |
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court shall appoint an amicus attorney or attorney ad litem to |
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represent the interest of the minor [petitioner] at the hearing. |
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Sec. 31.005. ORDER. The court by order, or the Texas |
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Supreme Court by rule or order, may remove the disabilities of |
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minority of a minor, including any restriction imposed by Chapter |
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32, if the court or the Texas Supreme Court finds the removal to be |
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in the best interest of the minor [petitioner]. The order or rule |
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must state the limited or general purposes for which disabilities |
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are removed. |
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SECTION 3. Section 31.008(a), Family Code, is amended to |
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read as follows: |
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(a) A party to a suit filed under Section 31.001 [this |
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chapter] may waive the issuance or service of citation after the |
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suit is filed by filing with the clerk of the court in which the suit |
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is filed the waiver of the party acknowledging receipt of a copy of |
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the filed petition. |
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SECTION 4. Sections 263.601(1) and (4), Family Code, are |
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amended to read as follows: |
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(1) "Extended foster care": |
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(A) means a residential living arrangement in |
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which a young adult voluntarily delegates to the department |
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responsibility for the young adult's placement and care and in |
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which the young adult resides with a foster parent or other |
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residential services provider that is: |
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(i) [(A)] licensed or approved by the |
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department or verified by a licensed or certified child-placing |
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agency; and |
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(ii) [(B)] paid under a contract with the |
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department; and |
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(B) does not include a temporary emergency care |
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arrangement under Section 264.107(g) in a hotel or other unlicensed |
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setting. |
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(4) "Young adult" means a person who: |
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(A) was in the conservatorship of the department |
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on the day before the person's 18th birthday; or |
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(B) had the disabilities of minority removed |
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under Section 31.0011. |
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SECTION 5. Section 263.6015, Family Code, is amended by |
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amending Subsections (a), (b), (c), and (e) and adding Subsections |
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(b-1), (c-1), and (c-2) to read as follows: |
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(a) A young adult is assigned trial independence status when |
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the young adult: |
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(1) does not enter extended foster care at the time of |
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the young adult's 18th birthday; [or] |
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(2) exits extended foster care before the young |
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adult's 21st birthday; or |
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(3) has the disabilities of minority removed under |
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Section 31.0011. |
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(b) Except as provided by Subsection (c), a court order is |
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not required for a young adult to be assigned trial independence |
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status. Trial independence for a young adult described by Section |
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263.601(4)(A) is mandatory for a period of at least six months |
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beginning on: |
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(1) the date of the young adult's 18th birthday for a |
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young adult described by Subsection (a)(1); or |
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(2) the date the young adult exits extended foster |
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care. |
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(b-1) Notwithstanding Subsection (b), trial independence |
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for a young adult described by Section 263.601(4)(B) shall: |
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(1) begin on the date the young adult's disabilities of |
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minority were removed by court order; and |
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(2) end on the later of: |
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(A) six months after the date the court orders |
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the removal of the disabilities of minority; or |
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(B) the young adult's 18th birthday. |
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(c) For a young adult described by Section 263.601(4)(A), a |
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[A] court may order trial independence status extended for a period |
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that exceeds the mandatory period under Subsection (b) but does not |
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exceed one year from the date the period under Subsection (b) |
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commences. |
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(c-1) For a young adult described by Section 263.601(4)(B) |
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who is cooperating with the department, a court may order trial |
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independence status extended for a period that exceeds the |
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mandatory period under Subsection (b-1) but does not exceed one |
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year from the date the period under Subsection (b-1) commences. |
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(c-2) A court may not extend trial independence status for a |
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young adult under Subsection (c) or (c-1) if the young adult objects |
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to the extension in writing or in court. |
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(e) The trial independence status of a young adult described |
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by Section 263.601(4)(A) ends on the young adult's 21st birthday. |
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SECTION 6. Section 263.602, Family Code, is amended by |
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adding Subsections (e-1) and (h) and amending Subsection (f) to |
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read as follows: |
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(e-1) If the department reports that the young adult is not |
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participating in the young adult's plan of service and developing |
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the skills necessary to achieve independence, the court shall order |
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the young adult to obtain experiential life-skills training under |
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Section 264.121 or through other courses or services identified by |
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the department as part of the young adult's plan of service. |
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(f) Unless the court extends its jurisdiction over a young |
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adult beyond the end of trial independence as provided by Section |
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263.6021(a) or 263.603(a), the court's extended jurisdiction over a |
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young adult as described in Subsection (a) terminates on the |
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earlier of: |
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(1) the last day of the month in which trial |
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independence ends; [or] |
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(2) the young adult's 21st birthday; |
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(3) the date the young adult withdraws consent to the |
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extension of the court's jurisdiction in writing or in court; or |
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(4) the 60th day after the date the young adult refuses |
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services. |
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(h) A court may not order a young adult in extended foster |
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care to be placed in temporary care under Section 264.107(g) in a |
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hotel or other unlicensed setting. |
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SECTION 7. This Act takes effect September 1, 2025. |