|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the continuation and functions of the Department of |
|
Family and Protective Services and procedures applicable to suits |
|
affecting the parent-child relationship, investigations of child |
|
abuse and neglect, and conservatorship of a child; affecting fee |
|
amounts and authorizing an administrative penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 25.001, Education Code, is amended by |
|
amending Subsection (g) and adding Subsection (g-1) to read as |
|
follows: |
|
(g) A student who was enrolled in a primary or secondary |
|
public school before the student entered [who is placed in] the |
|
conservatorship of the Department of Family and Protective Services |
|
and who is placed at a residence outside the attendance area for the |
|
school or outside the school district is entitled to continue to |
|
attend the school in which the student was enrolled immediately |
|
before entering conservatorship until the student successfully |
|
completes the highest grade level offered by the school at the time |
|
of placement without payment of tuition. The student is entitled to |
|
continue to attend the school regardless of whether the student |
|
remains in the conservatorship of the department for the duration |
|
of the student's enrollment in the school. |
|
(g-1) If a student who is in the conservatorship of the |
|
department is enrolled in a primary or secondary public school, |
|
other than the school in which the student was enrolled at the time |
|
the student was placed in the conservatorship of the department, |
|
the student is entitled to continue to attend that school without |
|
payment of tuition until the student successfully completes the |
|
highest grade level offered by the school at the time of enrollment |
|
in the school, even if the child's placement is changed to a |
|
residence outside the attendance area for that school or outside |
|
the school district. The student is entitled to continue to attend |
|
the school regardless of whether the student remains in the |
|
conservatorship of the department for the duration of the student's |
|
enrollment in the school. |
|
SECTION 2. Section 25.087(b), Education Code, as amended by |
|
Chapter 249 (H.B. 455), Chapter 688 (H.B. 2619), and Chapter 1354 |
|
(S.B. 1404), Acts of the 83rd Legislature, Regular Session, 2013, |
|
is reenacted and amended to read as follows: |
|
(b) A school district shall excuse a student from attending |
|
school for: |
|
(1) the following purposes, including travel for those |
|
purposes: |
|
(A) observing religious holy days; |
|
(B) attending a required court appearance; |
|
(C) appearing at a governmental office to |
|
complete paperwork required in connection with the student's |
|
application for United States citizenship; |
|
(D) taking part in a United States naturalization |
|
oath ceremony; |
|
(E) serving as an election clerk; or |
|
[(F)
for a child in the conservatorship of the
|
|
Department of Family and Protective Services, attending a mental
|
|
health or therapy appointment or family visitation as ordered by a
|
|
court under Chapter 262 or 263, Family Code; or] |
|
(F) if the student is in the conservatorship of |
|
the Department of Family and Protective Services, participating, as |
|
determined and documented by the department, in an activity: |
|
(i) ordered by a court under Chapter 262 or |
|
263, Family Code, provided that it is not practicable to schedule |
|
the participation outside of school hours; or |
|
(ii) required under a service plan under |
|
Subchapter B, Chapter 263, Family Code; or |
|
(2) a temporary absence resulting from an appointment |
|
with health care professionals for the student or the student's |
|
child if the student commences classes or returns to school on the |
|
same day of the appointment |
|
[(2)
a temporary absence resulting from an appointment
|
|
with a health care professional if that student commences classes
|
|
or returns to school on the same day of the appointment]. |
|
SECTION 3. Section 54.366, Education Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsection (a)(1), a child who exits |
|
the conservatorship of the Department of Family and Protective |
|
Services and is returned to the child's parent, including a parent |
|
whose parental rights were previously terminated, may be exempt |
|
from the payment of tuition and fees if the department determines |
|
that the child is eligible under department rule. The executive |
|
commissioner of the Health and Human Services Commission shall by |
|
rule develop factors for determining eligibility under this |
|
subsection in consultation with the department and the Texas Higher |
|
Education Coordinating Board. |
|
SECTION 4. Section 51.03(b), Family Code, is amended to |
|
read as follows: |
|
(b) Conduct indicating a need for supervision is: |
|
(1) subject to Subsection (f), conduct, other than a |
|
traffic offense, that violates: |
|
(A) the penal laws of this state of the grade of |
|
misdemeanor that are punishable by fine only; or |
|
(B) the penal ordinances of any political |
|
subdivision of this state; |
|
(2) the absence of a child on 10 or more days or parts |
|
of days within a six-month period in the same school year or on |
|
three or more days or parts of days within a four-week period from |
|
school; |
|
(3) the voluntary absence of a child from the child's |
|
home without the consent of the child's parent or guardian for a |
|
substantial length of time or without intent to return; |
|
(4) conduct prohibited by city ordinance or by state |
|
law involving the inhalation of the fumes or vapors of paint and |
|
other protective coatings or glue and other adhesives and the |
|
volatile chemicals itemized in Section 485.001, Health and Safety |
|
Code; |
|
(5) an act that violates a school district's |
|
previously communicated written standards of student conduct for |
|
which the child has been expelled under Section 37.007(c), |
|
Education Code; |
|
(6) [conduct that violates a reasonable and lawful
|
|
order of a court entered under Section 264.305;
|
|
[(7)] notwithstanding Subsection (a)(1), conduct |
|
described by Section 43.02(a)(1) or (2), Penal Code; or |
|
(7) [(8)] notwithstanding Subsection (a)(1), conduct |
|
that violates Section 43.261, Penal Code. |
|
SECTION 5. The heading to Section 58.0052, Family Code, is |
|
amended to read as follows: |
|
Sec. 58.0052. INTERAGENCY SHARING OF CERTAIN |
|
NONEDUCATIONAL RECORDS. |
|
SECTION 6. Subchapter A, Chapter 58, Family Code, is |
|
amended by adding Section 58.0053 to read as follows: |
|
Sec. 58.0053. INTERAGENCY SHARING OF JUVENILE PROBATION |
|
RECORDS. (a) On request by the Department of Family and |
|
Protective Services, a juvenile probation officer shall disclose to |
|
the department the terms of probation of a child in the department's |
|
conservatorship. |
|
(b) To the extent of a conflict between this section and |
|
another law of this state applicable to confidential information |
|
held by a governmental agency, this section controls. |
|
(c) This section does not affect the confidential status of |
|
the information being shared. The information may be released to a |
|
third party only as directed by a court order or as otherwise |
|
authorized by law. Personally identifiable information disclosed |
|
to the Department of Family and Protective Services under this |
|
section is not subject to disclosure to a third party under Chapter |
|
552, Government Code. |
|
(d) The Department of Family and Protective Services shall |
|
enter into a memorandum of understanding with the Texas Juvenile |
|
Justice Department to adopt procedures for handling information |
|
requests under this section. |
|
SECTION 7. Chapter 101, Family Code, is amended by adding |
|
Sections 101.0133 and 101.0134 to read as follows: |
|
Sec. 101.0133. FOSTER CARE. "Foster care" means the |
|
placement of a child who is in the conservatorship of the Department |
|
of Family and Protective Services and in care outside the child's |
|
home in an agency foster group home, agency foster home, foster |
|
group home, foster home, or another facility licensed or certified |
|
under Chapter 42, Human Resources Code, in which care is provided |
|
for 24 hours a day. |
|
Sec. 101.0134. FOSTER CHILD. "Foster child" means a child |
|
who is in the managing conservatorship of the Department of Family |
|
and Protective Services. |
|
SECTION 8. Section 103.001(b), Family Code, is amended to |
|
read as follows: |
|
(b) A suit in which adoption is requested may be filed in the |
|
county where the child resides or in the county where the |
|
petitioners reside, regardless of whether another court has |
|
continuing exclusive jurisdiction under Chapter 155. A court that |
|
has continuing exclusive jurisdiction is not required to transfer |
|
the suit affecting the parent-child relationship to the court in |
|
which the adoption suit is filed. |
|
SECTION 9. Section 104.007(b), Family Code, is amended to |
|
read as follows: |
|
(b) In a proceeding brought by the Department of Family and |
|
Protective [and Regulatory] Services concerning a child who is |
|
alleged in a suit to have been abused or neglected, the court may |
|
order[, with the agreement of the state's counsel and the
|
|
defendant's counsel,] that the testimony of a professional be taken |
|
outside the courtroom by videoconference: |
|
(1) on the agreement of the department's counsel and |
|
respondent's counsel; or |
|
(2) if good cause exists, on the court's own motion. |
|
SECTION 10. Section 155.001(c), Family Code, is amended to |
|
read as follows: |
|
(c) If a court of this state has acquired continuing, |
|
exclusive jurisdiction, no other court of this state has |
|
jurisdiction of a suit with regard to that child except as provided |
|
by this chapter, Section 103.001(b), or Chapter 262. |
|
SECTION 11. Section 161.001(b), Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
(b) The court may order termination of the parent-child |
|
relationship if the court finds by clear and convincing evidence: |
|
(1) that the parent has: |
|
(A) voluntarily left the child alone or in the |
|
possession of another not the parent and expressed an intent not to |
|
return; |
|
(B) voluntarily left the child alone or in the |
|
possession of another not the parent without expressing an intent |
|
to return, without providing for the adequate support of the child, |
|
and remained away for a period of at least three months; |
|
(C) voluntarily left the child alone or in the |
|
possession of another without providing adequate support of the |
|
child and remained away for a period of at least six months; |
|
(D) knowingly placed or knowingly allowed the |
|
child to remain in conditions or surroundings which endanger the |
|
physical or emotional well-being of the child; |
|
(E) engaged in conduct or knowingly placed the |
|
child with persons who engaged in conduct which endangers the |
|
physical or emotional well-being of the child; |
|
(F) failed to support the child in accordance |
|
with the parent's ability during a period of one year ending within |
|
six months of the date of the filing of the petition; |
|
(G) abandoned the child without identifying the |
|
child or furnishing means of identification, and the child's |
|
identity cannot be ascertained by the exercise of reasonable |
|
diligence; |
|
(H) voluntarily, and with knowledge of the |
|
pregnancy, abandoned the mother of the child beginning at a time |
|
during her pregnancy with the child and continuing through the |
|
birth, failed to provide adequate support or medical care for the |
|
mother during the period of abandonment before the birth of the |
|
child, and remained apart from the child or failed to support the |
|
child since the birth; |
|
(I) contumaciously refused to submit to a |
|
reasonable and lawful order of a court under Subchapter D, Chapter |
|
261; |
|
(J) been the major cause of: |
|
(i) the failure of the child to be enrolled |
|
in school as required by the Education Code; or |
|
(ii) the child's absence from the child's |
|
home without the consent of the parents or guardian for a |
|
substantial length of time or without the intent to return; |
|
(K) executed before or after the suit is filed an |
|
unrevoked or irrevocable affidavit of relinquishment of parental |
|
rights as provided by this chapter; |
|
(L) been convicted or has been placed on |
|
community supervision, including deferred adjudication community |
|
supervision, for being criminally responsible for the death or |
|
serious injury of a child under the following sections of the Penal |
|
Code, or under a law of another jurisdiction that contains elements |
|
that are substantially similar to the elements of an offense under |
|
one of the following Penal Code sections, or adjudicated under |
|
Title 3 for conduct that caused the death or serious injury of a |
|
child and that would constitute a violation of one of the following |
|
Penal Code sections: |
|
(i) Section 19.02 (murder); |
|
(ii) Section 19.03 (capital murder); |
|
(iii) Section 19.04 (manslaughter); |
|
(iv) Section 21.11 (indecency with a |
|
child); |
|
(v) Section 22.01 (assault); |
|
(vi) Section 22.011 (sexual assault); |
|
(vii) Section 22.02 (aggravated assault); |
|
(viii) Section 22.021 (aggravated sexual |
|
assault); |
|
(ix) Section 22.04 (injury to a child, |
|
elderly individual, or disabled individual); |
|
(x) Section 22.041 (abandoning or |
|
endangering child); |
|
(xi) Section 25.02 (prohibited sexual |
|
conduct); |
|
(xii) Section 43.25 (sexual performance by |
|
a child); |
|
(xiii) Section 43.26 (possession or |
|
promotion of child pornography); |
|
(xiv) Section 21.02 (continuous sexual |
|
abuse of young child or children); |
|
(xv) Section 20A.02(a)(7) or (8) |
|
(trafficking of persons); and |
|
(xvi) Section 43.05(a)(2) (compelling |
|
prostitution); |
|
(M) had his or her parent-child relationship |
|
terminated with respect to another child based on a finding that the |
|
parent's conduct was in violation of Paragraph (D) or (E) or |
|
substantially equivalent provisions of the law of another state; |
|
(N) constructively abandoned the child who has |
|
been in the permanent or temporary managing conservatorship of the |
|
Department of Family and Protective Services for not less than six |
|
months, and: |
|
(i) the department has made reasonable |
|
efforts to return the child to the parent; |
|
(ii) the parent has not regularly visited |
|
or maintained significant contact with the child; and |
|
(iii) the parent has demonstrated an |
|
inability to provide the child with a safe environment; |
|
(O) failed to comply with the provisions of a |
|
court order that specifically established the actions necessary for |
|
the parent to obtain the return of the child who has been in the |
|
permanent or temporary managing conservatorship of the Department |
|
of Family and Protective Services for not less than nine months as a |
|
result of the child's removal from the parent under Chapter 262 for |
|
the abuse or neglect of the child; |
|
(P) used a controlled substance, as defined by |
|
Chapter 481, Health and Safety Code, in a manner that endangered the |
|
health or safety of the child, and: |
|
(i) failed to complete a court-ordered |
|
substance abuse treatment program; or |
|
(ii) after completion of a court-ordered |
|
substance abuse treatment program, continued to abuse a controlled |
|
substance; |
|
(Q) knowingly engaged in criminal conduct that |
|
has resulted in the parent's: |
|
(i) conviction of an offense; and |
|
(ii) confinement or imprisonment and |
|
inability to care for the child for not less than two years from the |
|
date of filing the petition; |
|
(R) been the cause of the child being born |
|
addicted to alcohol or a controlled substance, other than a |
|
controlled substance legally obtained by prescription; |
|
(S) voluntarily delivered the child to a |
|
designated emergency infant care provider under Section 262.302 |
|
without expressing an intent to return for the child; or |
|
(T) been convicted of: |
|
(i) the murder of the other parent of the |
|
child under Section 19.02 or 19.03, Penal Code, or under a law of |
|
another state, federal law, the law of a foreign country, or the |
|
Uniform Code of Military Justice that contains elements that are |
|
substantially similar to the elements of an offense under Section |
|
19.02 or 19.03, Penal Code; |
|
(ii) criminal attempt under Section 15.01, |
|
Penal Code, or under a law of another state, federal law, the law of |
|
a foreign country, or the Uniform Code of Military Justice that |
|
contains elements that are substantially similar to the elements of |
|
an offense under Section 15.01, Penal Code, to commit the offense |
|
described by Subparagraph (i); or |
|
(iii) criminal solicitation under Section |
|
15.03, Penal Code, or under a law of another state, federal law, the |
|
law of a foreign country, or the Uniform Code of Military Justice |
|
that contains elements that are substantially similar to the |
|
elements of an offense under Section 15.03, Penal Code, of the |
|
offense described by Subparagraph (i); and |
|
(2) that termination is in the best interest of the |
|
child. |
|
SECTION 12. Section 162.005(c), Family Code, is transferred |
|
to Section 162.007, Family Code, and redesignated as Section |
|
162.007(e), Family Code, to read as follows: |
|
(e) [(c)] The report shall include a history of physical, |
|
sexual, or emotional abuse suffered by the child, if any. |
|
SECTION 13. The heading to Section 162.006, Family Code, is |
|
amended to read as follows: |
|
Sec. 162.006. ACCESS TO HEALTH, SOCIAL, EDUCATIONAL, AND |
|
GENETIC HISTORY REPORT; RETENTION [RIGHT TO EXAMINE RECORDS]. |
|
SECTION 14. Section 162.007, Family Code, is amended by |
|
adding Subsection (f) to read as follows: |
|
(f) Notwithstanding the other provisions of this section, |
|
the Department of Family and Protective Services may, in accordance |
|
with department rule, modify the form and contents of the health, |
|
social, educational, and genetic history report for a child as the |
|
department determines appropriate based on: |
|
(1) the relationship between the prospective adoptive |
|
parents and the child or the child's birth family; |
|
(2) the provision of the child's case record to the |
|
prospective adoptive parents; or |
|
(3) any other factor specified by department rule. |
|
SECTION 15. (a) Subsections (a), as amended by S.B. 219, |
|
Acts of the 84th Legislature, Regular Session, 2015, and (a-1), |
|
Section 162.006, Family Code, are redesignated as Section 162.0062, |
|
Family Code, and amended to read as follows: |
|
Sec. 162.0062. ACCESS TO INFORMATION. (a) Except as |
|
provided by Subsection (c), the prospective adoptive parents of a |
|
child are entitled to examine the records and other information |
|
relating to the history of the child. The Department of Family and |
|
Protective Services, licensed child-placing agency, or other |
|
person placing a child for adoption shall inform the prospective |
|
adoptive parents of their right to examine the records and other |
|
information relating to the history of the child. The department, |
|
licensed child-placing agency, or other person placing the child |
|
for adoption shall edit the records and information to protect the |
|
identity of the biological parents and any other person whose |
|
identity is confidential. |
|
(b) [(a-1)] The records described by Subsection (a) must |
|
include any records relating to an investigation of abuse in which |
|
the child was an alleged or confirmed victim of sexual abuse while |
|
residing in a foster home or other residential child-care facility. |
|
If the licensed child-placing agency or other person placing the |
|
child for adoption does not have the information required by this |
|
subsection, the department, at the request of the licensed |
|
child-placing agency or other person placing the child for |
|
adoption, shall provide the information to the prospective adoptive |
|
parents of the child. |
|
(c) If the prospective adoptive parents of a child have |
|
reviewed the health, social, educational, and genetic history |
|
report for the child and indicated that they want to proceed with |
|
the adoption, the department may, but is not required to, allow the |
|
prospective adoptive parents of the child to examine the records |
|
and other information relating to the history of the child, unless |
|
the prospective adoptive parents request the child's case record. |
|
The department shall provide the child's case record to the |
|
prospective adoptive parents on the request of the prospective |
|
adoptive parents. |
|
(b) Section 162.018, Family Code, as amended by S.B. 219, |
|
Acts of the 84th Legislature, Regular Session, 2015, is transferred |
|
to Section 162.0062, Family Code, as added by this section, |
|
redesignated as Sections 162.0062(d), (e), and (f), Family Code, |
|
and amended to read as follows: |
|
(d) [Sec.
162.018.
ACCESS TO INFORMATION.
(a)
The
|
|
adoptive parents are entitled to receive copies of the records and
|
|
other information relating to the history of the child maintained
|
|
by the Department of Family and Protective Services, licensed
|
|
child-placing agency, person, or entity placing the child for
|
|
adoption.
|
|
[(b)] The adoptive parents and the adopted child, after the |
|
child is an adult, are entitled to receive copies of the records |
|
that have been edited to protect the identity of the biological |
|
parents and any other person whose identity is confidential and |
|
other information relating to the history of the child maintained |
|
by the department, licensed child-placing agency, person, or entity |
|
placing the child for adoption. |
|
(e) [(c)] It is the duty of the person or entity placing the |
|
child for adoption to edit the records and information to protect |
|
the identity of the biological parents and any other person whose |
|
identity is confidential. |
|
(f) [(d)] At the time an adoption order is rendered, the |
|
court shall provide to the parents of an adopted child information |
|
provided by the vital statistics unit that describes the functions |
|
of the voluntary adoption registry under Subchapter E. The |
|
licensed child-placing agency shall provide to each of the child's |
|
biological parents known to the agency, the information when the |
|
parent signs an affidavit of relinquishment of parental rights or |
|
affidavit of waiver of interest in a child. The information shall |
|
include the right of the child or biological parent to refuse to |
|
participate in the registry. If the adopted child is 14 years old |
|
or older the court shall provide the information to the child. |
|
SECTION 16. Section 162.304, Family Code, is amended by |
|
amending Subsections (a) and (b-1) and adding Subsection (j) to |
|
read as follows: |
|
(a) The department shall administer a program to provide |
|
adoption assistance for eligible children and enter into adoption |
|
assistance agreements with the adoptive parents of a child as |
|
authorized by Part E of Title IV of the federal Social Security Act, |
|
as amended (42 U.S.C. Section 673). |
|
(b-1) Subject to the availability of funds, the [The] |
|
department shall pay a $150 subsidy each month for the premiums for |
|
health benefits coverage for a child with respect to whom a court |
|
has entered a final order of adoption if the child: |
|
(1) was in the conservatorship of the department at |
|
the time of the child's adoptive placement; |
|
(2) after the adoption, is not eligible for medical |
|
assistance under Chapter 32, Human Resources Code; and |
|
(3) is younger than 18 years of age. |
|
(j) The department shall keep records necessary to evaluate |
|
the adoption assistance program's effectiveness in encouraging and |
|
promoting the adoption of children. |
|
SECTION 17. Section 162.3041(d), Family Code, is amended to |
|
read as follows: |
|
(d) The department is not required to provide adoption |
|
assistance benefits under Subsection (a) or (a-1) unless funds are |
|
appropriated to the department specifically for purposes of those |
|
subsections. If the legislature does not appropriate sufficient |
|
money to provide adoption assistance to the adoptive parents of all |
|
children described by Subsection (a), the department shall provide |
|
adoption assistance only to the adoptive parents of children |
|
described by Subsection (a)(1). [The department is not required to
|
|
provide adoption assistance benefits under Subsection (a-1) unless
|
|
the department is specifically appropriated funds for purposes of
|
|
that subsection.] |
|
SECTION 18. Subchapter D, Chapter 162, Family Code, is |
|
amended by adding Section 162.3085 to read as follows: |
|
Sec. 162.3085. ADOPTIVE PLACEMENT IN COMPLIANCE WITH |
|
FEDERAL LAW REQUIRED. The department or a licensed child-placing |
|
agency making an adoptive placement shall comply with the |
|
Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). |
|
SECTION 19. Section 261.302, Family Code, is amended by |
|
amending Subsection (e) and adding Subsection (e-1) to read as |
|
follows: |
|
(e) An interview with a child in which the allegations of |
|
the current investigation are discussed and that is conducted by |
|
the department during the investigation stage shall be audiotaped |
|
or videotaped unless: |
|
(1) the recording equipment malfunctions and the |
|
malfunction is not the result of a failure to maintain the equipment |
|
or bring adequate supplies for the equipment; |
|
(2) the child is unwilling to allow the interview to be |
|
recorded after the department makes a reasonable effort consistent |
|
with the child's age and development and the circumstances of the |
|
case to convince the child to allow the recording; or |
|
(3) due to circumstances that could not have been |
|
reasonably foreseen or prevented by the department, the department |
|
does not have the necessary recording equipment because the |
|
department employee conducting the interview does not ordinarily |
|
conduct interviews. |
|
(e-1) An interview with a child alleged to be a victim of |
|
physical abuse or sexual abuse conducted by an investigating agency |
|
other than the department shall be audiotaped or videotaped unless |
|
the investigating agency determines that good cause exists for not |
|
audiotaping or videotaping the interview in accordance with rules |
|
of the agency. Good cause may include, but is not limited to, such |
|
considerations as the age of the child and the nature and |
|
seriousness of the allegations under investigation. Nothing in |
|
this subsection shall be construed as prohibiting the investigating |
|
agency from audiotaping or videotaping an interview of a child on |
|
any case for which such audiotaping or videotaping is not required |
|
under this subsection. The fact that the investigating agency |
|
failed to audiotape or videotape an interview is admissible at the |
|
trial of the offense that is the subject of the interview. |
|
SECTION 20. Section 261.3021, Family Code, is amended to |
|
read as follows: |
|
Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT. |
|
Subject to the appropriation of money [for these purposes], the |
|
department shall[:
|
|
[(1)] identify critical investigation actions that |
|
impact child safety and require department caseworkers to document |
|
those actions in a child's case file not later than the day after |
|
the action occurs[;
|
|
[(2)
identify and develop a comprehensive set of
|
|
casework quality indicators that must be reported in real time to
|
|
support timely management oversight;
|
|
[(3)
provide department supervisors with access to
|
|
casework quality indicators and train department supervisors on the
|
|
use of that information in the daily supervision of caseworkers;
|
|
[(4)
develop a case tracking system that notifies
|
|
department supervisors and management when a case is not
|
|
progressing in a timely manner;
|
|
[(5)
use current data reporting systems to provide
|
|
department supervisors and management with easier access to
|
|
information; and
|
|
[(6)
train department supervisors and management on
|
|
the use of data to monitor cases and make decisions]. |
|
SECTION 21. Sections 261.309(b) and (d), Family Code, are |
|
amended to read as follows: |
|
(b) If a person under investigation for allegedly abusing or |
|
neglecting a child requests clarification of the status of the |
|
person's case or files a complaint relating to the conduct of the |
|
department's staff or to department policy, the department shall |
|
conduct an informal review to clarify the person's status or |
|
resolve the complaint. The division of the department responsible |
|
for investigating complaints [immediate supervisor of the employee
|
|
who conducted the child abuse or neglect investigation or against
|
|
whom the complaint was filed] shall conduct the informal review as |
|
soon as possible but not later than the 14th day after the date the |
|
request or complaint is received. |
|
(d) The [Unless a civil or criminal court proceeding or an
|
|
ongoing criminal investigation relating to the alleged abuse or
|
|
neglect investigated by the department is pending, the] department |
|
employee shall conduct the review prescribed by Subsection (c) as |
|
soon as possible but not later than the 45th day after the date the |
|
department receives the request, unless the department has good |
|
cause for extending the deadline. If a civil or criminal court |
|
proceeding or an ongoing criminal investigation relating to the |
|
alleged abuse or neglect investigated by the department is pending, |
|
the department may postpone the review until the court proceeding |
|
is completed. |
|
SECTION 22. Section 261.406(b), Family Code, is amended to |
|
read as follows: |
|
(b) The department shall send a copy of the completed report |
|
of the department's investigation to the Texas Education Agency. |
|
On request, the department shall provide a copy of the completed |
|
report of the department's investigation to[,] the State Board for |
|
Educator Certification, the local school board or the school's |
|
governing body, the superintendent of the school district, and the |
|
school principal or director, unless the principal or director is |
|
alleged to have committed the abuse or neglect, for appropriate |
|
action. On request, the department shall provide a copy of the |
|
report of investigation to the parent, managing conservator, or |
|
legal guardian of a child who is the subject of the investigation |
|
and to the person alleged to have committed the abuse or neglect. |
|
The report of investigation shall be edited to protect the identity |
|
of the persons who made the report of abuse or neglect. Other than |
|
the persons authorized by the section to receive a copy of the |
|
report, Section 261.201(b) applies to the release of the report |
|
relating to the investigation of abuse or neglect under this |
|
section and to the identity of the person who made the report of |
|
abuse or neglect. |
|
SECTION 23. Section 262.1095(a), Family Code, is amended to |
|
read as follows: |
|
(a) When the Department of Family and Protective Services or |
|
another agency takes possession of a child under this chapter, the |
|
department: |
|
(1) shall provide information as prescribed by this |
|
section to each adult the department is able to identify and locate |
|
who is: |
|
(A) [is] related to the child within the third |
|
degree by consanguinity as determined under Chapter 573, Government |
|
Code; |
|
(B) [, or is] an adult relative of the alleged |
|
father of the child if [who] the department has a reasonable basis |
|
to believe the alleged father is [determines is most likely to be] |
|
the child's biological father; or [and] |
|
(C) [(B) is] identified as a potential relative |
|
or designated caregiver, as defined by Section 264.751, on the |
|
proposed child placement resources form provided under Section |
|
261.307; and |
|
(2) may provide information as prescribed by this |
|
section to each adult the department is able to identify and locate |
|
who has a long-standing and significant relationship with the |
|
child. |
|
SECTION 24. Section 262.114(b), Family Code, is amended to |
|
read as follows: |
|
(b) The department may place a child with a relative or |
|
other designated caregiver [individual] identified on the proposed |
|
child placement resources form if the department determines that |
|
the placement is in the best interest of the child. The department |
|
must complete the background and criminal history check and conduct |
|
a preliminary evaluation of the relative or other designated |
|
caregiver's home before the child is placed with the relative or |
|
other designated caregiver. The department may place the child |
|
with the relative or designated caregiver [individual] before |
|
conducting the [background and criminal history check or] home |
|
study required under Subsection (a). Not later than 48 hours after |
|
the time that the child is placed with the relative or other |
|
designated caregiver, the department shall begin the home study of |
|
the relative or other designated caregiver. The department shall |
|
complete the home study as soon as possible unless otherwise |
|
ordered by a court. The department shall provide a copy of an |
|
informational manual required under Section 261.3071 to the |
|
relative or other designated caregiver at the time of the child's |
|
placement. |
|
SECTION 25. Section 262.115(c), Family Code, is amended to |
|
read as follows: |
|
(c) The department shall ensure that a parent who is |
|
otherwise entitled to possession of the child has an opportunity to |
|
visit the child not later than the fifth [third] day after the date |
|
the department is named temporary managing conservator of the child |
|
unless: |
|
(1) the department determines that visitation is not |
|
in the child's best interest; or |
|
(2) visitation with the parent would conflict with a |
|
court order relating to possession of or access to the child. |
|
SECTION 26. Section 262.2015(b), Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
(b) The court may find under Subsection (a) that a parent |
|
has subjected the child to aggravated circumstances if: |
|
(1) the parent abandoned the child without |
|
identification or a means for identifying the child; |
|
(2) the child or another child of the parent is a |
|
victim of serious bodily injury or sexual abuse inflicted by the |
|
parent or by another person with the parent's consent; |
|
(3) the parent has engaged in conduct against the |
|
child or another child of the parent that would constitute an |
|
offense under the following provisions of the Penal Code: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 19.04 (manslaughter); |
|
(D) Section 21.11 (indecency with a child); |
|
(E) Section 22.011 (sexual assault); |
|
(F) Section 22.02 (aggravated assault); |
|
(G) Section 22.021 (aggravated sexual assault); |
|
(H) Section 22.04 (injury to a child, elderly |
|
individual, or disabled individual); |
|
(I) Section 22.041 (abandoning or endangering |
|
child); |
|
(J) Section 25.02 (prohibited sexual conduct); |
|
(K) Section 43.25 (sexual performance by a |
|
child); |
|
(L) Section 43.26 (possession or promotion of |
|
child pornography); |
|
(M) Section 21.02 (continuous sexual abuse of |
|
young child or children); |
|
(N) Section 43.05(a)(2) (compelling |
|
prostitution); or |
|
(O) Section 20A.02(a)(7) or (8) (trafficking of |
|
persons); |
|
(4) the parent voluntarily left the child alone or in |
|
the possession of another person not the parent of the child for at |
|
least six months without expressing an intent to return and without |
|
providing adequate support for the child; |
|
(5) the parent's parental rights with regard to |
|
another child have been involuntarily terminated based on a finding |
|
that the parent's conduct violated Section 161.001(b)(1)(D) or (E) |
|
or a substantially equivalent provision of another state's law; |
|
(6) the parent has been convicted for: |
|
(A) the murder of another child of the parent and |
|
the offense would have been an offense under 18 U.S.C. Section |
|
1111(a) if the offense had occurred in the special maritime or |
|
territorial jurisdiction of the United States; |
|
(B) the voluntary manslaughter of another child |
|
of the parent and the offense would have been an offense under 18 |
|
U.S.C. Section 1112(a) if the offense had occurred in the special |
|
maritime or territorial jurisdiction of the United States; |
|
(C) aiding or abetting, attempting, conspiring, |
|
or soliciting an offense under Paragraph (A) or (B); or |
|
(D) the felony assault of the child or another |
|
child of the parent that resulted in serious bodily injury to the |
|
child or another child of the parent; [or] |
|
(7) the parent's parental rights with regard to |
|
another child of the parent [two other children] have been |
|
involuntarily terminated; or |
|
(8) the parent is required under any state or federal |
|
law to register with a sex offender registry. |
|
SECTION 27. Section 263.301, Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
transferred to Subchapter A, Chapter 263, Family Code, redesignated |
|
as Section 263.0021, Family Code, and amended to read as follows: |
|
Sec. 263.0021 [263.301]. NOTICE OF HEARING; PRESENTATION |
|
OF EVIDENCE. (a) Notice of a [permanency] hearing under this |
|
chapter shall be given [as provided by Rule 21a, Texas Rules of
|
|
Civil Procedure,] to all persons entitled to notice of the hearing. |
|
(b) The following persons are entitled to at least 10 days' |
|
notice of a [permanency] hearing under this chapter and are |
|
entitled to present evidence and be heard at the hearing: |
|
(1) the department; |
|
(2) the foster parent, preadoptive parent, relative of |
|
the child providing care, or director or director's designee of the |
|
group home or general residential operation [institution] where the |
|
child is residing; |
|
(3) each parent of the child; |
|
(4) the managing conservator or guardian of the child; |
|
(5) an attorney ad litem appointed for the child under |
|
Chapter 107, if the appointment was not dismissed in the final |
|
order; |
|
(6) a guardian ad litem appointed for the child under |
|
Chapter 107, if the appointment was not dismissed in the final |
|
order; |
|
(7) a volunteer advocate appointed for the child under |
|
Chapter 107, if the appointment was not dismissed in the final |
|
order; |
|
(8) [(7)] the child if: |
|
(A) the child is 10 years of age or older; or |
|
(B) the court determines it is appropriate for |
|
the child to receive notice; and |
|
(9) [(8)] any other person or agency named by the |
|
court to have an interest in the child's welfare. |
|
(c) Notice of a hearing under this chapter may be given: |
|
(1) as provided by Rule 21a, Texas Rules of Civil |
|
Procedure; |
|
(2) in a temporary order following a full adversary |
|
hearing; |
|
(3) in an order following a hearing under this |
|
chapter; |
|
(4) in open court; or |
|
(5) in any manner that would provide actual notice to a |
|
person entitled to notice. |
|
(d) The licensed administrator of the child-placing agency |
|
responsible for placing the child or the licensed administrator's |
|
designee is entitled to at least 10 days' notice of a permanency |
|
hearing after final order [If a person entitled to notice under
|
|
Chapter 102 or this section has not been served, the court shall
|
|
review the department's efforts at attempting to locate all
|
|
necessary persons and requesting service of citation and the
|
|
assistance of a parent in providing information necessary to locate
|
|
an absent parent]. |
|
SECTION 28. Section 263.004, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION |
|
DECISION-MAKING. (a) Unless the rights and duties of the |
|
department under Section 153.371(10) to make decisions regarding |
|
the child's education have been limited by court order, the |
|
department shall file with the court [a report identifying] the |
|
name and contact information for each person who has been: |
|
(1) designated by the department to make educational |
|
decisions on behalf of the child; and |
|
(2) assigned to serve as the child's surrogate parent |
|
in accordance with 20 U.S.C. Section 1415(b) and Section |
|
29.001(10), Education Code, for purposes of decision-making |
|
regarding special education services, if applicable. |
|
(b) Not later than the fifth day after the date an adversary |
|
hearing under Section 262.201 or [Section] 262.205 is concluded, |
|
the information [report] required by Subsection (a) shall be filed |
|
with the court and a copy shall be provided to[:
|
|
[(1)
each person entitled to notice of a permanency
|
|
hearing under Section 263.301; and
|
|
[(2)] the school the child attends. |
|
(c) If a person other than a person identified under [in the
|
|
report required by] Subsection (a) is designated to make |
|
educational decisions or assigned to serve as a surrogate parent, |
|
the department shall include the updated information in a |
|
permanency progress report filed under Section 263.303 or 263.502 |
|
[file with the court an updated report that includes the
|
|
information required by Subsection (a) for the designated or
|
|
assigned person]. The updated information [report] must be |
|
provided to the school the child attends [filed] not later than the |
|
fifth day after the date of designation or assignment. |
|
SECTION 29. Sections 263.009(a) and (b), Family Code, are |
|
amended to read as follows: |
|
(a) The department shall hold a permanency planning meeting |
|
for each child for whom the department is appointed temporary |
|
managing conservator in accordance with a schedule adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
by rule that is designed to allow the child to exit the managing |
|
conservatorship of the department safely and as soon as possible |
|
and be placed with an appropriate adult caregiver who will |
|
permanently assume legal responsibility for the child[:
|
|
[(1)
not later than the 45th day after the date the
|
|
department is named temporary managing conservator of the child;
|
|
and
|
|
[(2)
not later than five months after the date the
|
|
department is named temporary managing conservator of the child]. |
|
(b) At each [the five-month] permanency planning meeting |
|
[described by Subsection (a)(2)], the department shall: |
|
(1) identify any barriers to achieving a timely |
|
permanent placement for the child; [and] |
|
(2) develop strategies and determine actions that will |
|
increase the probability of achieving a timely permanent placement |
|
for the child; and |
|
(3) use the family group decision-making model |
|
whenever possible. |
|
SECTION 30. Subchapter A, Chapter 263, Family Code, is |
|
amended by adding Sections 263.010 and 263.011 to read as follows: |
|
Sec. 263.010. TESTIMONY IN CERTAIN HEARINGS. Sections |
|
104.002, 104.003, 104.004, 104.005, and 104.006 do not apply to |
|
testimony given in a hearing conducted under this chapter if the |
|
testimony is not used as evidence. |
|
Sec. 263.011. CHILD'S RIGHT TO ATTEND AND PARTICIPATE IN |
|
HEARINGS. A child, regardless of age, must be allowed to attend or |
|
participate in a hearing conducted under this chapter in which the |
|
child is the subject of the hearing. |
|
SECTION 31. Section 263.101, Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Except as |
|
provided by Section 262.2015, not [Not] later than the 45th day |
|
after the date the court renders a temporary order appointing the |
|
department as temporary managing conservator of a child under |
|
Chapter 262, the department shall file a service plan. |
|
SECTION 32. Section 263.102(a), Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
(a) The service plan must: |
|
(1) be specific; |
|
(2) be in writing in a language that the parents |
|
understand, or made otherwise available; |
|
(3) be prepared by the department in conference with |
|
the child's parents; |
|
(4) state appropriate deadlines; |
|
(5) specify the primary permanency goal and at least |
|
one alternative permanency goal [state whether the goal of the plan
|
|
is:
|
|
[(A) return of the child to the child's parents;
|
|
[(B)
termination of parental rights and
|
|
placement of the child for adoption; or
|
|
[(C)
because of the child's special needs or
|
|
exceptional circumstances, continuation of the child's care out of
|
|
the child's home]; |
|
(6) state steps that are necessary to: |
|
(A) return the child to the child's home if the |
|
placement is in foster care; |
|
(B) enable the child to remain in the child's |
|
home with the assistance of a service plan if the placement is in |
|
the home under the department's supervision; or |
|
(C) otherwise provide a permanent safe placement |
|
for the child; |
|
(7) state the actions and responsibilities that are |
|
necessary for the child's parents to take to achieve the plan goal |
|
during the period of the service plan and the assistance to be |
|
provided to the parents by the department or other agency toward |
|
meeting that goal; |
|
(8) state any specific skills or knowledge that the |
|
child's parents must acquire or learn, as well as any behavioral |
|
changes the parents must exhibit, to achieve the plan goal; |
|
(9) state the actions and responsibilities that are |
|
necessary for the child's parents to take to ensure that the child |
|
attends school and maintains or improves the child's academic |
|
compliance; |
|
(10) state the name of the person with the department |
|
whom the child's parents may contact for information relating to |
|
the child if other than the person preparing the plan; and |
|
(11) prescribe any other term or condition that the |
|
department determines to be necessary to the service plan's |
|
success. |
|
SECTION 33. Section 263.3025(a), Family Code, is amended to |
|
read as follows: |
|
(a) The department shall prepare a permanency plan for a |
|
child for whom the department has been appointed temporary managing |
|
conservator. The department shall give a copy of the plan to each |
|
person entitled to notice under Section 263.0021(b) [263.301(b)] |
|
not later than the 10th day before the date of the child's first |
|
permanency hearing. |
|
SECTION 34. Section 263.303, Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
Sec. 263.303. PERMANENCY PROGRESS REPORT BEFORE FINAL |
|
ORDER. (a) Not later than the 10th day before the date set for |
|
each permanency hearing before a final order is rendered [other
|
|
than the first permanency hearing], the department shall file with |
|
the court and provide to each party, the child's attorney ad litem, |
|
the child's guardian ad litem, and the child's volunteer advocate a |
|
permanency progress report unless the court orders a different |
|
period for providing the report. |
|
(b) The permanency progress report must contain: |
|
(1) information necessary for the court to conduct the |
|
permanency hearing and make its findings and determinations under |
|
Section 263.306 [recommend that the suit be dismissed]; [or] |
|
(2) information on significant events, as defined by |
|
Section 264.018; and |
|
(3) any additional information the department |
|
determines is appropriate or that is requested by the court and |
|
relevant to the court's findings and determinations under Section |
|
263.306 [recommend that the suit continue, and:
|
|
[(A)
identify the date for dismissal of the suit
|
|
under this chapter;
|
|
[(B) provide:
|
|
[(i)
the name of any person entitled to
|
|
notice under Chapter 102 who has not been served;
|
|
[(ii)
a description of the efforts by the
|
|
department to locate and request service of citation; and
|
|
[(iii)
a description of each parent's
|
|
assistance in providing information necessary to locate an unserved
|
|
party;
|
|
[(C)
evaluate the parties' compliance with
|
|
temporary orders and with the service plan;
|
|
[(D)
evaluate whether the child's placement in
|
|
substitute care meets the child's needs and recommend other plans
|
|
or services to meet the child's special needs or circumstances;
|
|
[(E)
describe the permanency plan for the child
|
|
and recommend actions necessary to ensure that a final order
|
|
consistent with that permanency plan, including the concurrent
|
|
permanency goals contained in that plan, is rendered before the
|
|
date for dismissal of the suit under this chapter;
|
|
[(F)
with respect to a child 16 years of age or
|
|
older, identify the services needed to assist the child in the
|
|
transition to adult life; and
|
|
[(G)
with respect to a child committed to the
|
|
Texas Juvenile Justice Department or released under supervision by
|
|
the Texas Juvenile Justice Department:
|
|
[(i)
evaluate whether the child's needs for
|
|
treatment and education are being met;
|
|
[(ii)
describe, using information provided
|
|
by the Texas Juvenile Justice Department, the child's progress in
|
|
any rehabilitation program administered by the Texas Juvenile
|
|
Justice Department; and
|
|
[(iii)
recommend other plans or services to
|
|
meet the child's needs]. |
|
(c) A parent whose parental rights are the subject of a suit |
|
affecting the parent-child relationship, the attorney for that |
|
parent, or the child's attorney ad litem or guardian ad litem may |
|
file a response to the department's report filed under this section |
|
[Subsection (b)]. A response must be filed not later than the third |
|
day before the date of the hearing. |
|
SECTION 35. The heading to Section 263.306, Family Code, is |
|
amended to read as follows: |
|
Sec. 263.306. PERMANENCY HEARINGS BEFORE FINAL ORDER[:
|
|
PROCEDURE]. |
|
SECTION 36. Section 263.306, Family Code, is amended by |
|
adding Subsection (a-1) 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) 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; |
|
(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 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; |
|
(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, 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; |
|
(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; |
|
(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 |
|
(7) announce in open court the dismissal date and the |
|
date of any upcoming hearings. |
|
SECTION 37. The heading to Section 263.401, Family Code, is |
|
amended to read as follows: |
|
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
|
EXTENSION. |
|
SECTION 38. Section 263.401, Family Code, is amended by |
|
amending Subsections (a) and (c) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) Unless the court has commenced the trial on the merits |
|
or granted an extension under Subsection (b) or (b-1), on the first |
|
Monday after the first anniversary of the date the court rendered a |
|
temporary order appointing the department as temporary managing |
|
conservator, the court shall dismiss the suit affecting the |
|
parent-child relationship filed by the department that requests |
|
termination of the parent-child relationship or requests that the |
|
department be named conservator of the child. |
|
(b-1) If, after commencement of the initial trial on the |
|
merits within the time required by Subsection (a) or (b), the court |
|
grants a motion for a new trial or mistrial, or the case is remanded |
|
to the court by an appellate court following an appeal of the |
|
court's final order, the court shall retain the suit on the court's |
|
docket and render an order in which the court: |
|
(1) schedules a new date on which the suit will be |
|
dismissed if the new trial has not commenced, which must be a date |
|
not later than the 180th day after the date on which: |
|
(A) the motion for a new trial or mistrial is |
|
granted; or |
|
(B) the appellate court remanded the case; |
|
(2) makes further temporary orders for the safety and |
|
welfare of the child as necessary to avoid further delay in |
|
resolving the suit; and |
|
(3) sets the new trial on the merits for a date not |
|
later than the date specified under Subdivision (1). |
|
(c) If the court grants an extension under Subsection (b) or |
|
(b-1) but does not commence the trial on the merits before the |
|
dismissal [required] date [for dismissal under Subsection (b)], the |
|
court shall dismiss the suit. The court may not grant an |
|
additional extension that extends the suit beyond the required date |
|
for dismissal under Subsection (b) or (b-1), as applicable. |
|
SECTION 39. Section 263.404(b), Family Code, is amended to |
|
read as follows: |
|
(b) In determining whether the department should be |
|
appointed as managing conservator of the child without terminating |
|
the rights of a parent of the child, the court shall take the |
|
following factors into consideration: |
|
(1) that the child will reach 18 years of age in not |
|
less than three years; |
|
(2) that the child is 12 years of age or older and has |
|
expressed a strong desire against termination or has continuously |
|
expressed a strong desire against being adopted; and |
|
(3) [that the child has special medical or behavioral
|
|
needs that make adoption of the child unlikely; and
|
|
[(4)] the needs and desires of the child. |
|
SECTION 40. The heading to Subchapter F, Chapter 263, |
|
Family Code, is amended to read as follows: |
|
SUBCHAPTER F. PERMANENCY [PLACEMENT REVIEW] HEARINGS AFTER FINAL |
|
ORDER |
|
SECTION 41. The heading to Section 263.501, Family Code, is |
|
amended to read as follows: |
|
Sec. 263.501. PERMANENCY HEARING [PLACEMENT REVIEW] AFTER |
|
FINAL ORDER. |
|
SECTION 42. Sections 263.501(a), (b), (c), (f), and (g), |
|
Family Code, are amended to read as follows: |
|
(a) If the department has been named as a child's managing |
|
conservator in a final order that does not include termination of |
|
parental rights, the court shall conduct a permanency [placement
|
|
review] hearing after the final order is rendered at least once |
|
every six months until the department is no longer the child's |
|
managing conservator [child becomes an adult]. |
|
(b) If the department has been named as a child's managing |
|
conservator in a final order that terminates a parent's parental |
|
rights, the court shall conduct a permanency [placement review] |
|
hearing not later than the 90th day after the date the court renders |
|
the final order. The court shall conduct additional permanency |
|
[placement review] hearings at least once every six months until |
|
the department is no longer the child's managing conservator [date
|
|
the child is adopted or the child becomes an adult]. |
|
(c) Notice of each permanency [a placement review] hearing |
|
shall be given as provided by Section 263.0021 [Rule 21a, Texas
|
|
Rules of Civil Procedure,] to each person entitled to notice of the |
|
hearing. |
|
(f) The child shall attend each permanency [placement
|
|
review] hearing in accordance with Section 263.302 [unless the
|
|
court specifically excuses the child's attendance.
A child
|
|
committed to the Texas Youth Commission may attend a placement
|
|
review hearing in person, by telephone, or by videoconference.
The
|
|
court shall consult with the child in a developmentally appropriate
|
|
manner regarding the child's permanency or transition plan, if the
|
|
child is four years of age or older.
Failure by the child to attend
|
|
a hearing does not affect the validity of an order rendered at the
|
|
hearing]. |
|
(g) A court required to conduct permanency [placement
|
|
review] hearings for a child for whom the department has been |
|
appointed permanent managing conservator may not dismiss a suit |
|
affecting the parent-child relationship filed by the department |
|
regarding the child while the child is committed to the Texas |
|
Juvenile Justice Department [Youth Commission] or released under |
|
the supervision of the Texas Juvenile Justice Department [Youth
|
|
Commission], unless the child is adopted or permanent managing |
|
conservatorship of the child is awarded to an individual other than |
|
the department. |
|
SECTION 43. The heading to Section 263.502, Family Code, is |
|
amended to read as follows: |
|
Sec. 263.502. PERMANENCY PROGRESS [PLACEMENT REVIEW] |
|
REPORT AFTER FINAL ORDER. |
|
SECTION 44. Section 263.502, Family Code, is amended by |
|
amending Subsection (a), as amended by S.B. 219, Acts of the 84th |
|
Legislature, Regular Session, 2015, and adding Subsections (a-1) |
|
and (a-2) to read as follows: |
|
(a) Not later than the 10th day before the date set for a |
|
permanency [placement review] hearing after a final order is |
|
rendered, the department shall file a permanency progress |
|
[placement review] report with the court and provide a copy to each |
|
person entitled to notice under Section 263.0021 [263.501(d)]. |
|
(a-1) The permanency progress report must contain: |
|
(1) information necessary for the court to conduct the |
|
permanency hearing and make its findings and determinations under |
|
Section 263.5031; |
|
(2) information on significant events, as defined by |
|
Section 264.018; and |
|
(3) any additional information the department |
|
determines is appropriate or that is requested by the court and |
|
relevant to the court's findings and determinations under Section |
|
263.5031. |
|
(a-2) For good cause shown, the court may: |
|
(1) order a different deadline for filing the |
|
permanency progress report; or |
|
(2) waive the reporting requirement for a specific |
|
hearing. |
|
SECTION 45. Subchapter F, Chapter 263, Family Code, is |
|
amended by adding Section 263.5031 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; |
|
(F) 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; |
|
(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 46. The heading to Section 264.002, Family Code, is |
|
amended to read as follows: |
|
Sec. 264.002. SPECIFIC APPROPRIATION REQUIRED [DUTIES OF
|
|
DEPARTMENT]. |
|
SECTION 47. Section 264.002(e), Family Code, is amended to |
|
read as follows: |
|
(e) The department may not spend state funds to accomplish |
|
the purposes of this subtitle [chapter] unless the funds have been |
|
specifically appropriated for those purposes. |
|
SECTION 48. Subchapter A, Chapter 264, Family Code, is |
|
amended by adding Sections 264.017 and 264.018 to read as follows: |
|
Sec. 264.017. REQUIRED REPORTING. (a) The department |
|
shall prepare and disseminate a report of statistics by county |
|
relating to key performance measures and data elements for child |
|
protection. |
|
(b) The department shall provide the report required by |
|
Subsection (a) to the legislature and shall publish the report and |
|
make the report available electronically to the public not later |
|
than February 1 of each year. The report must include, with respect |
|
to the preceding year: |
|
(1) information on the number and disposition of |
|
reports of child abuse and neglect received by the department; |
|
(2) information on the number of clients for whom the |
|
department took protective action, including investigations, |
|
alternative responses, and court-ordered removals; |
|
(3) information on the number of clients for whom the |
|
department provided services in each program administered by the |
|
child protective services division, including investigations, |
|
alternative responses, family-based safety services, |
|
conservatorship, post-adoption services, and transitional living |
|
services; |
|
(4) the number of children in this state who died as a |
|
result of child abuse or neglect; |
|
(5) the number of children described by Subdivision |
|
(4) for whom the department was the children's managing conservator |
|
at the time of death; |
|
(6) information on the timeliness of the department's |
|
initial contact in an investigation or alternative response; |
|
(7) information on the response time by the department |
|
in commencing services to families and children for whom an |
|
allegation of child abuse or neglect has been made; |
|
(8) information regarding child protection staffing |
|
and caseloads by program area; |
|
(9) information on the permanency goals in place and |
|
achieved for children in the managing conservatorship of the |
|
department, including information on the timeliness of achieving |
|
the goals, the stability of the children's placement in foster |
|
care, and the proximity of placements to the children's home |
|
counties; and |
|
(10) the number of children who suffer from a severe |
|
emotional disturbance and for whom the department is appointed |
|
managing conservator, including statistics on appointments as |
|
joint managing conservator, due to an individual voluntarily |
|
relinquishing custody of a child solely to obtain mental health |
|
services for the child. |
|
(c) Not later than September 1 of each year, the department |
|
shall seek public input regarding the usefulness of, and any |
|
proposed modifications to, existing reporting requirements and |
|
proposed additional reporting requirements. The department shall |
|
evaluate the public input provided under this subsection and seek |
|
to facilitate reporting to the maximum extent feasible within |
|
existing resources and in a manner that is most likely to assist |
|
public understanding of department functions. |
|
(d) In addition to the information required under |
|
Subsections (a) and (b), the department shall annually publish |
|
information on the number of children who died during the preceding |
|
year whom the department determined had been abused or neglected |
|
but whose death was not the result of the abuse or neglect. The |
|
department may publish the information described by this subsection |
|
in the same report required by Subsection (a) or in another annual |
|
report published by the department. |
|
Sec. 264.018. REQUIRED NOTIFICATIONS. (a) In this |
|
section: |
|
(1) "Child-placing agency" has the meaning assigned by |
|
Section 42.002, Human Resources Code. |
|
(2) "Residential child-care facility" has the meaning |
|
assigned by Section 42.002, Human Resources Code. |
|
(3) "Psychotropic medication" has the meaning |
|
assigned by Section 266.001. |
|
(4) "Significant change in medical condition" means |
|
the occurrence of an injury or the onset of an illness that is |
|
life-threatening or may have serious long-term health |
|
consequences. The term includes the occurrence or onset of an |
|
injury or illness that requires hospitalization for surgery or |
|
another procedure that is not minor emergency care. |
|
(5) "Significant event" means: |
|
(A) a placement change, including failure by the |
|
department to locate an appropriate placement for at least one |
|
night; |
|
(B) a significant change in medical condition; |
|
(C) an initial prescription of a psychotropic |
|
medication or a change in dosage of a psychotropic medication; |
|
(D) a major change in school performance or a |
|
serious disciplinary event at school; or |
|
(E) any event determined to be significant under |
|
department rule. |
|
(b) The notification requirements of this section are in |
|
addition to other notice requirements provided by law, including |
|
Sections 263.0021, 264.107(g), and 264.123. |
|
(c) The department must provide notice under this section in |
|
a manner that would provide actual notice to a person entitled to |
|
the notice, including the use of electronic notice whenever |
|
possible. |
|
(d) Not later than 24 hours after an event described by this |
|
subsection, the department shall make a reasonable effort to notify |
|
a parent of a child in the managing conservatorship of the |
|
department of: |
|
(1) a significant change in medical condition of the |
|
child; |
|
(2) the enrollment or participation of the child in a |
|
drug research program under Section 266.0041; and |
|
(3) an initial prescription of a psychotropic |
|
medication. |
|
(e) Not later than 48 hours before the department changes |
|
the residential child-care facility of a child in the managing |
|
conservatorship of the department, the department shall provide |
|
notice of the change to: |
|
(1) the child's parent or the parent's attorney, if |
|
applicable; |
|
(2) an attorney ad litem appointed for the child under |
|
Chapter 107; |
|
(3) a guardian ad litem appointed for the child under |
|
Chapter 107; |
|
(4) a volunteer advocate appointed for the child under |
|
Chapter 107; and |
|
(5) the licensed administrator of the child-placing |
|
agency responsible for placing the child or the licensed |
|
administrator's designee. |
|
(f) As soon as possible but not later than the 10th day after |
|
the date the department becomes aware of a significant event |
|
affecting a child in the conservatorship of the department, the |
|
department shall provide notice of the significant event to: |
|
(1) the child's parent or the parent's attorney, if |
|
applicable; |
|
(2) an attorney ad litem appointed for the child under |
|
Chapter 107; |
|
(3) a guardian ad litem appointed for the child under |
|
Chapter 107; |
|
(4) a volunteer advocate appointed for the child under |
|
Chapter 107; |
|
(5) the licensed administrator of the child-placing |
|
agency responsible for placing the child or the licensed |
|
administrator's designee; |
|
(6) a foster parent, prospective adoptive parent, |
|
relative of the child providing care to the child, or director of |
|
the group home or general residential operation where the child is |
|
residing; and |
|
(7) any other person determined by a court to have an |
|
interest in the child's welfare. |
|
(g) For purposes of Subsection (f), if a hearing for the |
|
child is conducted during the 10-day notice period described by |
|
that subsection, the department shall provide notice of the |
|
significant event at the hearing. |
|
(h) The department is not required to provide notice under |
|
this section to a parent of a child in the managing conservatorship |
|
of the department if: |
|
(1) the department cannot locate the parent; |
|
(2) a court has restricted the parent's access to the |
|
information; |
|
(3) the child is in the permanent managing |
|
conservatorship of the department and the parent has not |
|
participated in the child's case for at least six months despite the |
|
department's efforts to involve the parent; |
|
(4) the parent's rights have been terminated; or |
|
(5) the department has documented in the child's case |
|
file that it is not in the best interest of the child to involve the |
|
parent in case planning. |
|
(i) The department is not required to provide notice of a |
|
significant event under this section to the child-placing agency |
|
responsible for the placement of a child in the managing |
|
conservatorship of the department, a foster parent, a prospective |
|
adoptive parent, a relative of the child providing care to the |
|
child, or the director of the group home or general residential |
|
operation where the child resides if that agency or individual is |
|
required under a contract or other agreement to provide notice of |
|
the significant event to the department. |
|
(j) A person entitled to notice from the department under |
|
this section shall provide the department with current contact |
|
information, including the person's e-mail address and the |
|
telephone number at which the person may most easily be reached. |
|
The person shall update the person's contact information as soon as |
|
possible after a change to the information. The department is not |
|
required to provide notice under this section to a person who fails |
|
to provide contact information to the department. The department |
|
may rely on the most recently provided contact information in |
|
providing notice under this section. |
|
(k) To facilitate timely notification under this section, a |
|
residential child-care facility contracting with the department |
|
for 24-hour care shall notify the department, in the time provided |
|
by the facility's contract, of a significant event for a child who |
|
is in the conservatorship of the department and residing in the |
|
facility. |
|
(l) The executive commissioner of the Health and Human |
|
Services Commission shall adopt rules necessary to implement this |
|
section using a negotiated rulemaking process under Chapter 2008, |
|
Government Code. |
|
SECTION 49. Section 264.101(a), Family Code, is amended to |
|
read as follows: |
|
(a) The department may pay the cost of foster care for a |
|
child only if: |
|
(1) the child [for whom the department has initiated a
|
|
suit and has been named managing conservator under an order
|
|
rendered under this title, who is a resident of the state, and who] |
|
has been placed by the department in a foster home or other |
|
residential child-care facility [institution], as defined by |
|
Chapter 42, Human Resources Code, or in a comparable residential |
|
facility in another state; and [or] |
|
(2) the department: |
|
(A) has initiated suit and been named conservator |
|
of the child; or |
|
(B) has the duty of care, control, and custody |
|
after taking possession of the child in an emergency without a prior |
|
court order as authorized by this subtitle [who is under the
|
|
placement and care of a state agency or political subdivision with
|
|
which the department has entered into an agreement to reimburse the
|
|
cost of care and supervision of the child]. |
|
SECTION 50. Section 264.107, Family Code, is amended by |
|
amending Subsection (b), as amended by S.B. 219, Acts of the 84th |
|
Legislature, Regular Session, 2015, and adding Subsection (b-1) to |
|
read as follows: |
|
(b) The department shall use an [the standard] application |
|
or assessment developed by the department in coordination with |
|
interested parties [provided by the Health and Human Services
|
|
Commission] for the placement of children in contract residential |
|
care. |
|
(b-1) Notwithstanding Subsection (b), the department shall |
|
use the standard application for the placement of children in |
|
contract residential care as adopted and maintained by the Health |
|
and Human Services Commission until the department develops an |
|
application or assessment under Subsection (b). Subject to the |
|
availability of funds, the department shall develop the application |
|
or assessment not later than December 1, 2016. This subsection |
|
expires September 1, 2017. |
|
SECTION 51. Section 264.1075(b), Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
(b) As soon as possible after a child begins receiving |
|
foster care under this subchapter, the department shall assess |
|
whether the child has a developmental or intellectual disability. |
|
[The commission shall establish the procedures that the department
|
|
must use in making an assessment under this subsection.
The
|
|
procedures may include screening or participation by:
|
|
[(1)
a person who has experience in childhood
|
|
developmental or intellectual disabilities;
|
|
[(2)
a local intellectual and developmental
|
|
disability authority; or
|
|
[(3)
a provider in a county with a local child welfare
|
|
board.] |
|
SECTION 52. Subchapter B, Chapter 264, Family Code, is |
|
amended by adding Section 264.1085 to read as follows: |
|
Sec. 264.1085. FOSTER CARE PLACEMENT IN COMPLIANCE WITH |
|
FEDERAL LAW REQUIRED. The department or a licensed child-placing |
|
agency making a foster care placement shall comply with the |
|
Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). |
|
SECTION 53. The heading to Section 264.110, Family Code, is |
|
amended to read as follows: |
|
Sec. 264.110. PROSPECTIVE FOSTER OR ADOPTIVE PARENT |
|
STATEMENT [REGISTRY]. |
|
SECTION 54. Section 264.110(d), Family Code, is amended to |
|
read as follows: |
|
(d) Before a child may be placed with a foster or adoptive |
|
parent [person under this section], the prospective foster or |
|
adoptive parent [person] must sign a written statement in which the |
|
prospective foster or adoptive parent [person] agrees to the |
|
immediate removal of the child by the department under |
|
circumstances determined by the department. |
|
SECTION 55. Section 264.121, Family Code, is amended by |
|
amending Subsection (e) and adding Subsection (e-2) to read as |
|
follows: |
|
(e) The department shall ensure that each youth acquires a |
|
copy and a certified copy of the youth's birth certificate, a social |
|
security card or replacement social security card, as appropriate, |
|
and a personal identification certificate under Chapter 521, |
|
Transportation Code, on or before the date on which the youth turns |
|
16 years of age. The department shall designate one or more |
|
employees in the Preparation for Adult Living Program as the |
|
contact person to assist a youth who has not been able to obtain the |
|
documents described by this subsection in a timely manner from the |
|
youth's primary caseworker. The department shall ensure that: |
|
(1) all youth who are age 16 or older are provided with |
|
the contact information for the designated employees; and |
|
(2) a youth who misplaces a document provided under |
|
this subsection receives assistance in obtaining a replacement |
|
document or information on how to obtain a duplicate copy, as |
|
appropriate. |
|
(e-2) When providing a youth with a document required by |
|
Subsection (e-1), the department shall provide the youth with a |
|
copy and a certified copy of the document or with the original |
|
document, as applicable. |
|
SECTION 56. Section 264.014, Family Code, is transferred to |
|
Section 264.121, Family Code, redesignated as Section |
|
264.121(e-1), Family Code, and amended to read as follows: |
|
(e-1) [Sec. 264.014.
PROVISION OF COPIES OF CERTAIN
|
|
RECORDS.] If, at the time a youth [child] is discharged from foster |
|
care, the youth [child] is at least 18 years of age or has had the |
|
disabilities of minority removed, the department shall provide to |
|
the youth [child], not later than the 30th day before the date the |
|
youth [child] is discharged from foster care, the following |
|
information and documents unless the youth already has the |
|
information or document [a copy of]: |
|
(1) the youth's [child's] birth certificate; |
|
(2) the youth's [child's] immunization records; |
|
(3) the information contained in the youth's [child's] |
|
health passport; |
|
(4) a personal identification certificate under |
|
Chapter 521, Transportation Code; |
|
(5) a social security card or a replacement social |
|
security card, if appropriate; and |
|
(6) proof of enrollment in Medicaid, if appropriate. |
|
SECTION 57. Subchapter B, Chapter 264, Family Code, is |
|
amended by adding Section 264.126 to read as follows: |
|
Sec. 264.126. REDESIGN IMPLEMENTATION PLAN. (a) The |
|
department shall develop and maintain a plan for implementing the |
|
foster care redesign required by Chapter 598 (S.B. 218), Acts of the |
|
82nd Legislature, Regular Session, 2011. The plan must: |
|
(1) describe the department's expectations, goals, and |
|
approach to implementing foster care redesign; |
|
(2) include a timeline for implementing the foster |
|
care redesign throughout this state, any limitations related to the |
|
implementation, and a progressive intervention plan and a |
|
contingency plan to provide continuity of foster care service |
|
delivery if a contract with a single source continuum contractor |
|
ends prematurely; |
|
(3) delineate and define the case management roles and |
|
responsibilities of the department and the department's |
|
contractors and the duties, employees, and related funding that |
|
will be transferred to the contractor by the department; |
|
(4) identify any training needs and include long-range |
|
and continuous plans for training and cross-training staff; |
|
(5) include a plan for evaluating the costs and tasks |
|
associated with each contract procurement, including the initial |
|
and ongoing contract costs for the department and contractor; |
|
(6) include the department's contract monitoring |
|
approach and a plan for evaluating the performance of each |
|
contractor and the foster care redesign system as a whole that |
|
includes an independent evaluation of processes and outcomes; and |
|
(7) include a report on transition issues resulting |
|
from implementation of the foster care redesign. |
|
(b) The department shall annually: |
|
(1) update the implementation plan developed under |
|
this section and post the updated plan on the department's Internet |
|
website; and |
|
(2) post on the department's Internet website the |
|
progress the department has made toward its goals for implementing |
|
the foster care redesign. |
|
SECTION 58. The heading to Section 264.207, Family Code, is |
|
amended to read as follows: |
|
Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION |
|
[DEPARTMENT PLANNING AND ACCOUNTABILITY]. |
|
SECTION 59. Section 264.207(a), Family Code, is amended to |
|
read as follows: |
|
(a) The department must complete [shall adopt policies that
|
|
provide for the improvement of the department's services for
|
|
children and families, including policies that provide for
|
|
conducting] a home study before [within four months after] the date |
|
an applicant is approved for an adoption [and documenting the
|
|
results of the home study within 30 days after the date the study is
|
|
completed.
The policies adopted under this section must:
|
|
[(1)
be designed to increase the accountability of the
|
|
department to individuals who receive services and to the public;
|
|
and
|
|
[(2)
assure consistency of services provided by the
|
|
department in the different regions of the state]. |
|
SECTION 60. Section 264.302(e), Family Code, is amended to |
|
read as follows: |
|
(e) The department shall provide services for a child and |
|
the child's family if a contract to provide services under this |
|
section is available in the county and the child is referred to the |
|
department as an at-risk child by: |
|
(1) [a court under Section 264.304;
|
|
[(2)] a juvenile court or probation department as part |
|
of a progressive sanctions program under Chapter 59; |
|
(2) [(3)] a law enforcement officer or agency under |
|
Section 52.03; or |
|
(3) [(4)] a justice or municipal court under Article |
|
45.057, Code of Criminal Procedure. |
|
SECTION 61. Chapter 265, Family Code, is amended by |
|
designating Sections 265.001 through 265.004 as Subchapter A and |
|
adding a subchapter heading to read as follows: |
|
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES |
|
SECTION 62. Subchapter A, Chapter 265, Family Code, as |
|
added by this Act, is amended by adding Section 265.005 to read as |
|
follows: |
|
Sec. 265.005. STRATEGIC PLAN. (a) The department shall |
|
develop and implement a five-year strategic plan for prevention and |
|
early intervention services. Not later than September 1 of the last |
|
fiscal year in each five-year period, the department shall issue a |
|
new strategic plan for the next five fiscal years beginning with the |
|
following fiscal year. |
|
(b) A strategic plan required under this section must: |
|
(1) identify methods to leverage other sources of |
|
funding or provide support for existing community-based prevention |
|
efforts; |
|
(2) include a needs assessment that identifies |
|
programs to best target the needs of the highest risk populations |
|
and geographic areas; |
|
(3) identify the goals and priorities for the |
|
department's overall prevention efforts; |
|
(4) report the results of previous prevention efforts |
|
using available information in the plan; |
|
(5) identify additional methods of measuring program |
|
effectiveness and results or outcomes; |
|
(6) identify methods to collaborate with other state |
|
agencies on prevention efforts; and |
|
(7) identify specific strategies to implement the plan |
|
and to develop measures for reporting on the overall progress |
|
toward the plan's goals. |
|
(c) The department shall coordinate with interested parties |
|
and communities in developing the strategic plan under this |
|
section. |
|
(d) The department shall annually update the strategic plan |
|
developed under this section. |
|
(e) The department shall post the strategic plan developed |
|
under this section and any update to the plan on its Internet |
|
website. |
|
SECTION 63. Subchapter D, Chapter 40, Human Resources Code, |
|
as amended by S.B. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, is transferred to Chapter 265, Family Code, |
|
redesignated as Subchapter B, Chapter 265, Family Code, and amended |
|
to read as follows: |
|
SUBCHAPTER B [D]. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION |
|
PROGRAMS |
|
Sec. 265.051 [40.101]. DEFINITIONS. In this subchapter: |
|
(1) "Children's trust fund" means a child abuse and |
|
neglect primary prevention program. |
|
(2) "Primary prevention" means services and |
|
activities available to the community at large or to families to |
|
prevent child abuse and neglect before it occurs. The term includes |
|
infant mortality prevention education programs. |
|
(3) "Operating fund" means the Department of Family |
|
and Protective Services child abuse and neglect prevention |
|
operating fund account. |
|
(4) "State agency" means a board, commission, |
|
department, office, or other state agency that: |
|
(A) is in the executive branch of the state |
|
government; |
|
(B) was created by the constitution or a statute |
|
of this state; and |
|
(C) has statewide jurisdiction. |
|
(5) "Trust fund" means the child abuse and neglect |
|
prevention trust fund account. |
|
Sec. 265.052 [40.102]. CHILD ABUSE AND NEGLECT PRIMARY |
|
PREVENTION PROGRAMS. (a) The department shall operate the |
|
children's trust fund to: |
|
(1) set policy, offer resources for community primary |
|
prevention programs, and provide information and education on |
|
prevention of child abuse and neglect; |
|
(2) develop a state plan for expending funds for child |
|
abuse and neglect primary prevention programs that includes an |
|
annual schedule of transfers of trust fund money to the operating |
|
fund; |
|
(3) develop eligibility criteria for applicants |
|
requesting funding for child abuse and neglect primary prevention |
|
programs; and |
|
(4) establish funding priorities for child abuse and |
|
neglect primary prevention programs. |
|
(b) The children's trust fund shall accommodate the |
|
department's existing rules and policies in procuring, awarding, |
|
and monitoring contracts and grants. |
|
(c) The department may: |
|
(1) apply for and receive funds made available by the |
|
federal government or another public or private source for |
|
administering programs under this subchapter and for funding for |
|
child abuse and neglect primary prevention programs; and |
|
(2) solicit donations for child abuse and neglect |
|
primary prevention programs. |
|
Sec. 265.053 [40.104]. ADMINISTRATIVE AND OTHER COSTS. |
|
(a) Administrative costs under this subchapter during any fiscal |
|
year may not exceed an amount equal to 50 percent of the interest |
|
credited to the trust fund during the preceding fiscal year. |
|
(b) Funds expended under a special project grant from a |
|
governmental source or a nongovernmental source for public |
|
education or public awareness may not be counted as administrative |
|
costs for the purposes of this section. |
|
Sec. 265.054 [40.105]. CHILD ABUSE AND NEGLECT PREVENTION |
|
TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention |
|
trust fund account is an account in the general revenue fund. Money |
|
in the trust fund is dedicated to child abuse and neglect primary |
|
prevention programs. |
|
(b) The department may transfer money contained in the trust |
|
fund to the operating fund at any time. However, during a fiscal |
|
year the department may not transfer more than the amount |
|
appropriated for the operating fund for that fiscal year. Money |
|
transferred to the operating fund that was originally deposited to |
|
the credit of the trust fund under Section 118.022, Local |
|
Government Code, may be used only for child abuse and neglect |
|
primary prevention programs. |
|
(c) Interest earned on the trust fund shall be credited to |
|
the trust fund. |
|
(d) The trust fund is exempt from the application of Section |
|
403.095, Government Code. |
|
(e) All marriage license fees and other fees collected for |
|
and deposited in the trust fund and interest earned on the trust |
|
fund balance shall be appropriated each biennium only to the |
|
operating fund for [primary] child abuse and neglect primary |
|
prevention programs. |
|
Sec. 265.055 [40.106]. DEPARTMENT OPERATING FUND ACCOUNT. |
|
(a) The operating fund is an account in the general revenue fund. |
|
(b) Administrative and other costs allowed in Section |
|
265.053 [40.104] shall be taken from the operating fund. The |
|
department may transfer funds contained in the operating fund to |
|
the trust fund at any time. |
|
(c) The legislature may appropriate the money in the |
|
operating fund to carry out the provisions of this subchapter. |
|
(d) The operating fund is exempt from the application of |
|
Section 403.095, Government Code. |
|
Sec. 265.056 [40.107]. CONTRIBUTIONS. (a) The department |
|
may solicit contributions from any appropriate source. |
|
(b) Any other contributions for child abuse and neglect |
|
primary prevention or other prevention and early intervention |
|
programs shall be deposited into a separate designated fund in the |
|
state treasury and shall be used for that designated purpose. |
|
(c) A person may contribute funds to either the trust fund, |
|
the operating fund, or a fund designated by the department for a |
|
specific child abuse and neglect primary prevention or other |
|
prevention or early intervention purpose. |
|
(d) If a person designates that a contribution is intended |
|
as a donation to a specific fund, the contribution shall be |
|
deposited in the designated fund. |
|
SECTION 64. Section 40.0561, Human Resources Code, is |
|
transferred to Subchapter B, Chapter 265, Family Code, as |
|
transferred and redesignated from Subchapter D, Chapter 40, Human |
|
Resources Code, by this Act, and redesignated as Section 265.057, |
|
Family Code, to read as follows: |
|
Sec. 265.057 [40.0561]. COMMUNITY YOUTH DEVELOPMENT |
|
GRANTS. (a) Subject to available funding, the department shall |
|
award community youth development grants to communities identified |
|
by incidence of crime. The department shall give priority in |
|
awarding grants under this section to areas of the state in which |
|
there is a high incidence of juvenile crime. |
|
(b) The purpose of a grant under this section is to assist a |
|
community in alleviating conditions in the family and community |
|
that lead to juvenile crime. |
|
SECTION 65. Section 266.004, Family Code, is amended by |
|
amending Subsections (e) and (f) and adding Subsection (k) to read |
|
as follows: |
|
(e) The department, a person authorized to consent to |
|
medical care under Subsection (b), the child's parent if the |
|
parent's rights have not been terminated, a guardian ad litem or |
|
attorney ad litem if one has been appointed, or the person providing |
|
foster care to the child may petition the court for any order |
|
related to medical care for a foster child that the department or |
|
other person believes is in the best interest of the child. Notice |
|
of the petition must be given to each person entitled to notice |
|
under Section 263.0021(b) [263.301(b)]. |
|
(f) If a physician who has examined or treated the foster |
|
child has concerns regarding the medical care provided to the |
|
foster child, the physician may file a letter with the court stating |
|
the reasons for the physician's concerns. The court shall provide a |
|
copy of the letter to each person entitled to notice under Section |
|
263.0021(b) [263.301(b)]. |
|
(k) The department may consent to health care services |
|
ordered or prescribed by a health care provider authorized to order |
|
or prescribe health care services regardless of whether the |
|
services are provided under the medical assistance program under |
|
Chapter 32, Human Resources Code, if the department otherwise has |
|
the authority under this section to consent to health care |
|
services. |
|
SECTION 66. Section 266.0041(d), Family Code, is amended to |
|
read as follows: |
|
(d) An independent medical advocate shall, within a |
|
reasonable time after the appointment, interview: |
|
(1) the foster child in a developmentally appropriate |
|
manner, if the child is four years of age or older; |
|
(2) the foster child's parent, if the parent is |
|
entitled to notification under Section 264.018 [266.005]; |
|
(3) an advocate appointed by an institutional review |
|
board in accordance with the Code of Federal Regulations, 45 C.F.R. |
|
Section 46.409(b), if an advocate has been appointed; |
|
(4) the medical team treating the foster child as well |
|
as the medical team conducting the drug research program; and |
|
(5) each individual who has significant knowledge of |
|
the foster child's medical history and condition, including any |
|
foster parent of the child. |
|
SECTION 67. Section 266.010(b), Family Code, is amended to |
|
read as follows: |
|
(b) A court with continuing jurisdiction may make the |
|
determination regarding the foster child's capacity to consent to |
|
medical care during a hearing under Chapter 263 or may hold a |
|
hearing to make the determination on its own motion. The court may |
|
issue an order authorizing the child to consent to all or some of |
|
the medical care as defined by Section 266.001. In addition, a |
|
foster child who is at least 16 years of age, or the foster child's |
|
attorney ad litem, may file a petition with the court for a hearing. |
|
If the court determines that the foster child lacks the capacity to |
|
consent to medical care, the court may consider whether the foster |
|
child has acquired the capacity to consent to medical care at |
|
subsequent hearings under Section 263.5031 [263.503]. |
|
SECTION 68. Subdivisions (3), as amended by S.B. 219, Acts |
|
of the 84th Legislature, Regular Session, 2015, and (7), Subsection |
|
(a), Section 411.114, Government Code, are amended to read as |
|
follows: |
|
(3) The Department of Family and Protective Services |
|
is entitled to obtain from the department criminal history record |
|
information maintained by the department that relates to a person |
|
with respect to whom the Department of Family and Protective |
|
Services determines obtaining a criminal history record is |
|
necessary to ensure the safety or welfare of a child, elderly |
|
person, or person with a disability [who is:
|
|
[(A)
a volunteer or applicant volunteer with a
|
|
local affiliate in this state of Big Brothers/Big Sisters of
|
|
America;
|
|
[(B)
a volunteer or applicant volunteer with the
|
|
"I Have a Dream/Houston" program;
|
|
[(C)
a volunteer or applicant volunteer with an
|
|
organization that provides court-appointed special advocates for
|
|
abused or neglected children;
|
|
[(D)
a person providing, at the request of the
|
|
child's parent, in-home care for a child who is the subject of a
|
|
report alleging the child has been abused or neglected;
|
|
[(E)
a volunteer or applicant volunteer with a
|
|
Texas chapter of the Make-a-Wish Foundation of America;
|
|
[(F)
a person providing, at the request of the
|
|
child's parent, in-home care for a child only if the person gives
|
|
written consent to the release and disclosure of the information;
|
|
[(G)
a child who is related to the caretaker, as
|
|
determined under Section 42.002, Human Resources Code, and who
|
|
resides in or is present in a child-care facility or family home,
|
|
other than a child described by Subdivision (2)(C), or any other
|
|
person who has unsupervised access to a child in the care of a
|
|
child-care facility or family home;
|
|
[(H)
an applicant for a position with the
|
|
Department of Family and Protective Services, other than a position
|
|
described by Subdivision (2)(D), regardless of the duties of the
|
|
position;
|
|
[(I)
a volunteer or applicant volunteer with the
|
|
Department of Family and Protective Services, other than a
|
|
registered volunteer, regardless of the duties to be performed;
|
|
[(J)
a person providing or applying to provide
|
|
in-home, adoptive, or foster care for children to the extent
|
|
necessary to comply with Subchapter B, Chapter 162, Family Code;
|
|
[(K)
a Department of Family and Protective
|
|
Services employee, other than an employee described by Subdivision
|
|
(2)(H), regardless of the duties of the employee's position;
|
|
[(L)
a relative of a child in the care of the
|
|
Department of Family and Protective Services, to the extent
|
|
necessary to comply with Section 162.007, Family Code;
|
|
[(M)
a person, other than an alleged perpetrator
|
|
in a report described in Subdivision (2)(I), living in the
|
|
residence in which the alleged victim of the report resides;
|
|
[(N)
an employee, volunteer, or applicant
|
|
volunteer of a children's advocacy center under Subchapter E,
|
|
Chapter 264, Family Code, including a member of the governing board
|
|
of a center;
|
|
[(O)
an employee of, an applicant for employment
|
|
with, or a volunteer or an applicant volunteer with an entity or
|
|
person that contracts with the Department of Family and Protective
|
|
Services and has access to confidential information in the
|
|
department's records, if the employee, applicant, volunteer, or
|
|
applicant volunteer has or will have access to that confidential
|
|
information;
|
|
[(P)
an employee of or volunteer at, or an
|
|
applicant for employment with or to be a volunteer at, an entity
|
|
that provides supervised independent living services to a young
|
|
adult receiving extended foster care services from the Department
|
|
of Family and Protective Services;
|
|
[(Q)
a person 14 years of age or older who will be
|
|
regularly or frequently working or staying in a host home that is
|
|
providing supervised independent living services to a young adult
|
|
receiving extended foster care services from the Department of
|
|
Family and Protective Services; or
|
|
[(R)
a person who volunteers to supervise
|
|
visitation under Subchapter B, Chapter 263, Family Code]. |
|
(7) The Department of Family and Protective Services |
|
is not prohibited from releasing criminal history record |
|
information obtained under this subsection to: |
|
(A) the person who is the subject of the criminal |
|
history record information; |
|
(B) a child-care facility, child-placing agency, |
|
or family home listed in Subdivision (2) that employs or is |
|
considering employing the person who is the subject of the criminal |
|
history record information; |
|
(C) a person or business entity described by |
|
Subdivision (2)(E) [or (3)] who uses or intends to use the services |
|
of the volunteer or employs or is considering employing the person |
|
who is the subject of the criminal history record information; |
|
(D) a person or business entity who uses or |
|
intends to use the volunteer services of or who employs or is |
|
considering employing the person who is the subject of the criminal |
|
history record if the release of the record is related to the |
|
purpose for which the record was obtained under Subdivision (3); |
|
(E) an adult who resides with an alleged victim |
|
of abuse, neglect, or exploitation of a child, elderly person, or |
|
person with a disability and who also resides with the alleged |
|
perpetrator of that abuse, neglect, or exploitation if: |
|
(i) the alleged perpetrator is the subject |
|
of the criminal history record information; and |
|
(ii) the Department of Family and |
|
Protective Services determines that the release of information to |
|
the adult is necessary to ensure the safety or welfare of the |
|
alleged victim or the adult; or |
|
(F) [(E)] an elderly or disabled person who is an |
|
alleged victim of abuse, neglect, or exploitation and who resides |
|
with the alleged perpetrator of that abuse, neglect, or |
|
exploitation if: |
|
(i) the alleged perpetrator is the subject |
|
of the criminal history record information; and |
|
(ii) the Department of Family and |
|
Protective Services determines that the release of information to |
|
the elderly or disabled person or adult is necessary to ensure the |
|
safety or welfare of the elderly or disabled person. |
|
SECTION 69. (a) Section 40.003, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 40.003. SUNSET PROVISION. The Department of Family |
|
and Protective Services is subject to Chapter 325, Government Code |
|
(Texas Sunset Act). Unless continued in existence as provided by |
|
that chapter, the department is abolished and this chapter expires |
|
September 1, 2027 [2015]. |
|
(b) This section takes effect only if H.B. 2304, S.B. 200, |
|
or similar legislation of the 84th Legislature, Regular Session, |
|
2015, providing for the continuation of the Department of Family |
|
and Protective Services is not enacted or does not become law. If |
|
H.B. 2304, S.B. 200, or similar legislation of the 84th |
|
Legislature, Regular Session, 2015, is enacted, becomes law, and |
|
provides for the continuation of the department, this section has |
|
no effect. |
|
SECTION 70. Section 40.030, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 40.030. ADVISORY COMMITTEES. (a) The executive |
|
commissioner or the executive commissioner's designee may appoint |
|
advisory committees in accordance with Chapter 2110, Government |
|
Code. |
|
(b) The executive commissioner shall adopt rules, in |
|
compliance with Chapter 2110, Government Code, regarding the |
|
purpose, structure, and use of advisory committees by the |
|
department. The rules may include provisions governing: |
|
(1) an advisory committee's size and quorum |
|
requirements; |
|
(2) qualifications for membership of an advisory |
|
committee, including: |
|
(A) requirements relating to experience and |
|
geographic representation; and |
|
(B) requirements for the department to include as |
|
members of advisory committees youth who have aged out of foster |
|
care and parents who have successfully completed family service |
|
plans and whose children were returned to the parents, as |
|
applicable; |
|
(3) appointment procedures for an advisory committee; |
|
(4) terms for advisory committee members; and |
|
(5) compliance with Chapter 551, Government Code. |
|
SECTION 71. Section 40.037(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The department shall develop and implement a training |
|
program that each employee who is newly hired or promoted to a |
|
management position in the child protective services division must |
|
complete as soon as is practicable, but not later than the 60th day |
|
after the date the employee is hired or promoted to [before the
|
|
employee begins serving in] the management position. |
|
SECTION 72. Section 40.0524(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) In a jurisdiction for which a children's advocacy center |
|
has not been established under Section 264.402, Family Code, the |
|
department shall, to [To] the extent possible, [the department
|
|
shall] establish multidisciplinary teams to provide services |
|
relating to a report of child abuse or neglect. A multidisciplinary |
|
team shall include professionals in parent education and in each |
|
professional discipline necessary to provide comprehensive medical |
|
and psychological services to a child who is the subject of a report |
|
and to members of the child's household. |
|
SECTION 73. Subchapter C, Chapter 40, Human Resources Code, |
|
is amended by adding Section 40.05275 to read as follows: |
|
Sec. 40.05275. ANNUAL BUSINESS PLAN FOR CHILD PROTECTIVE |
|
SERVICES. (a) The department shall develop and implement an |
|
annual business plan for the child protective services program to |
|
prioritize the department's activities and resources to improve the |
|
program. |
|
(b) The department shall coordinate with the department's |
|
regional staff in developing the annual business plan under this |
|
section. |
|
(c) The annual business plan developed under this section |
|
must include: |
|
(1) long-term and short-term performance goals; |
|
(2) identification of priority projects and ongoing |
|
initiatives that are clearly linked to established goals; and |
|
(3) a statement of staff expectations that includes |
|
identification of: |
|
(A) the person or team responsible for each |
|
project; |
|
(B) the specific tasks and deliverables |
|
expected; |
|
(C) the resources needed to accomplish each |
|
project; |
|
(D) a time frame for the completion of each |
|
deliverable and project; and |
|
(E) the expected outcome for each project and the |
|
method and procedure for measuring the outcome to ensure effective |
|
evaluation for each project. |
|
(d) Not later than October 1 of each year, the department |
|
shall submit the annual business plan developed under this section |
|
to the governor, lieutenant governor, speaker of the house of |
|
representatives, and chairs of the standing committees of the |
|
senate and house of representatives having primary jurisdiction |
|
over child protection issues. |
|
SECTION 74. The heading to Section 40.0528, Human Resources |
|
Code, is amended to read as follows: |
|
Sec. 40.0528. GOALS FOR ANNUAL BUSINESS [COMPREHENSIVE
|
|
STAFFING AND WORKLOAD DISTRIBUTION] PLAN FOR CHILD PROTECTIVE |
|
SERVICES; REPORTING CASELOAD INFORMATION. |
|
SECTION 75. Section 40.0528(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The department shall consider the following goals in |
|
developing the annual business plan required under Section 40.05275 |
|
[develop and implement a staffing and workload distribution plan] |
|
for the child protective services program [to]: |
|
(1) reducing [reduce] caseloads; |
|
(2) enhancing [enhance] accountability; |
|
(3) improving [improve] the quality of |
|
investigations; |
|
(4) eliminating [eliminate] delays; and |
|
(5) ensuring [ensure] the most efficient and effective |
|
use of child protective services staff and resources. |
|
SECTION 76. Chapter 54, Human Resources Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
transferred to Subchapter C, Chapter 40, Human Resources Code, |
|
redesignated as Section 40.075, Human Resources Code, and amended |
|
to read as follows: |
|
[CHAPTER 54.
PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF FAMILY AND
|
|
PROTECTIVE SERVICES] |
|
Sec. 40.075 [54.001]. PROTECTIVE ORDERS. (a) The |
|
executive commissioner shall adopt rules to provide procedures for |
|
the filing of protective orders by the Department of Family and |
|
Protective Services for the protection of a member of a family or |
|
household as provided by Title 4, Family Code. |
|
(b) [Sec.
54.002.
NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD
|
|
MEMBER.] The department [Department of Family and Protective
|
|
Services] shall provide prior notice to a nonabusive parent or |
|
adult member of a household of the department's intent to file an |
|
application for a protective order for a child or older person and |
|
shall request the assistance of the person receiving the notice in |
|
developing a safety plan for household members and the child or |
|
older person for whom the order is sought. The department shall |
|
exercise reasonable safety precautions to protect a nonabusive |
|
parent or other member of a household while providing notice and |
|
requesting assistance under this section. |
|
SECTION 77. Section 42.048(f), Human Resources Code, is |
|
amended to read as follows: |
|
(f) A license must be issued if the department determines |
|
that a facility meets all requirements. The evaluation shall be |
|
based on one or more visits to the facility and a review of required |
|
forms and records. A license is valid until the license expires, is |
|
revoked, or is surrendered. |
|
SECTION 78. Section 42.050, Human Resources Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
Sec. 42.050. LICENSE RENEWAL. (a) A license holder may |
|
apply for renewal of a [new] license in compliance with the |
|
requirements of this chapter and department rules. |
|
(b) The application for renewal of a [new] license must be |
|
completed and decided on by the department before the expiration of |
|
the license under which a facility is operating. |
|
(c) The department shall evaluate the application for |
|
renewal of a [new] license to determine if all licensing |
|
requirements are met. The evaluation may include a specified |
|
number of visits to the facility and must include a review of all |
|
required forms and records. |
|
(d) The executive commissioner shall adopt rules governing |
|
the license renewal process for all licenses issued under this |
|
chapter. The rules must include: |
|
(1) renewal periods; |
|
(2) a process for staggered renewals; |
|
(3) a process for resolving a late application for |
|
renewal; |
|
(4) expiration dates; and |
|
(5) conditions for renewal. |
|
SECTION 79. Section 42.052, Human Resources Code, is |
|
amended by amending Subsections (a) and (e) and adding Subsections |
|
(e-1) and (f-1) to read as follows: |
|
(a) A state-operated child-care facility or child-placing |
|
agency must receive certification of approval from the department. |
|
The certification of approval remains valid until the certification |
|
expires, is revoked, or is surrendered. |
|
(e) A registration [or listing] remains valid until the |
|
registration expires, is revoked, or is surrendered. The operator |
|
of a registered home must display the registration in a prominent |
|
place at the home. |
|
(e-1) A listing remains valid until the listing is revoked |
|
or surrendered. |
|
(f-1) The executive commissioner shall adopt rules |
|
governing the certification and registration renewal process for |
|
all certifications and registrations issued under this chapter. |
|
The rules must include: |
|
(1) renewal periods; |
|
(2) a process for staggered renewals; |
|
(3) a process for resolving a late application for |
|
renewal; |
|
(4) expiration dates; and |
|
(5) conditions for renewal. |
|
SECTION 80. Section 42.054, Human Resources Code, is |
|
amended by amending Subsections (a), (b), (c), (d), and (e) and |
|
adding Subsection (h) to read as follows: |
|
(a) The department shall charge an applicant a |
|
nonrefundable application fee [of $35] for an initial license to |
|
operate a child-care facility or a child-placing agency. |
|
(b) The department shall charge each child-care facility a |
|
fee [of $35] for an initial license. The department shall charge |
|
each child-placing agency a fee [of $50] for an initial license. |
|
(c) The department shall charge each licensed child-care |
|
facility an annual license fee [in the amount of $35 plus $1 for
|
|
each child the child-care facility is permitted to serve]. The fee |
|
is due on the date on which the department issues the child-care |
|
facility's initial license and on the anniversary of that date. |
|
(d) The department shall charge each licensed child-placing |
|
agency an annual license fee [of $100]. The fee is due on the date |
|
on which the department issues the child-placing agency's initial |
|
license and on the anniversary of that date. |
|
(e) The department shall charge each family home that is |
|
listed or registered with the department an annual fee [to cover a
|
|
part of the department's cost in regulating family homes. The
|
|
amount of the fee is $20 for a listed home or $35 for a registered
|
|
home]. The fee is due on the date on which the department initially |
|
lists or registers the home and on the anniversary of that date. |
|
(h) The executive commissioner by rule shall set fees under |
|
this section. |
|
SECTION 81. Subchapter D, Chapter 42, Human Resources Code, |
|
is amended by adding Section 42.0704 to read as follows: |
|
Sec. 42.0704. ENFORCEMENT POLICY. (a) The executive |
|
commissioner by rule shall adopt a general enforcement policy that |
|
describes the department's approach to enforcement of this chapter. |
|
(b) The enforcement policy must: |
|
(1) summarize the department's general expectations in |
|
enforcing this chapter; |
|
(2) include the methodology required by Subsection |
|
(c); and |
|
(3) describe the department's plan for strengthening |
|
its enforcement efforts and for making objective regulatory |
|
decisions. |
|
(c) As part of the enforcement policy, the department shall |
|
develop and implement a methodology for determining the appropriate |
|
disciplinary action to take against a person who violates this |
|
chapter or a department rule. The methodology must provide |
|
guidance on when to use each of the available tools of enforcement, |
|
including technical assistance, voluntary plans of action, |
|
evaluation, probation, suspension or revocation of a license or |
|
registration, denial of a license or registration, administrative |
|
penalties, and emergency suspension. The methodology must allow |
|
the department to consider the circumstances of a particular case, |
|
including the nature and seriousness of the violation, history of |
|
previous violations, and aggravating and mitigating factors, in |
|
determining the appropriate disciplinary action. |
|
(d) The department shall make the methodology described by |
|
Subsection (c) available to the public, including by posting the |
|
methodology on the department's Internet website. |
|
SECTION 82. Section 42.078(a-2), Human Resources Code, is |
|
amended to read as follows: |
|
(a-2) The department may impose an administrative penalty |
|
without first imposing a nonmonetary administrative sanction for |
|
violating a minimum standard applicable to a facility or family |
|
home under this chapter that is determined by the department to be a |
|
high-risk standard, including background check standards, safety |
|
hazard standards, and supervision standards [the following
|
|
violations:
|
|
[(1)
failing to timely submit the information required
|
|
to conduct a background and criminal history check under Section
|
|
42.056 and applicable department rules on two or more occasions;
|
|
[(2)
failing to submit the information required to
|
|
conduct a background and criminal history check under Section
|
|
42.056 and applicable department rules before the 30th day after
|
|
the date the facility or family home is notified by the department
|
|
that the information is overdue;
|
|
[(3)
except as provided by Section 42.056(g),
|
|
knowingly allowing a person to be present in a facility or family
|
|
home when the person's background and criminal history check has
|
|
not been received;
|
|
[(4)
knowingly allowing a person to be present in a
|
|
facility or family home when the person's background and criminal
|
|
history check has been received and contains criminal history or
|
|
central registry findings that under department rules preclude the
|
|
person from being present in the facility or family home; or
|
|
[(5)
violating a condition or restriction the
|
|
department places on a person's presence at a facility or family
|
|
home as part of a pending or approved risk evaluation of the
|
|
person's background and criminal history or central registry
|
|
findings]. |
|
SECTION 83. Subchapter D, Chapter 42, Human Resources Code, |
|
is amended by adding Section 42.079 to read as follows: |
|
Sec. 42.079. CEASE AND DESIST ORDER. (a) If it appears to |
|
the department that a person who is not licensed, certified, |
|
registered, or listed under this chapter is operating a child-care |
|
facility or family home, the department, after notice and |
|
opportunity for a hearing, may issue a cease and desist order |
|
prohibiting the person from operating the facility or home. |
|
(b) A violation of an order under this section constitutes |
|
grounds for imposing an administrative penalty under Section |
|
42.078. |
|
SECTION 84. Section 244.0105(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) Not later than the 10th day before the date of a |
|
permanency hearing under Subchapter D, Chapter 263, Family Code, or |
|
[a placement review hearing under] Subchapter F, Chapter 263, |
|
Family Code, regarding a child for whom the Department of Family and |
|
Protective Services has been appointed managing conservator, a |
|
department caseworker shall submit a written report regarding the |
|
child's commitment to the department to: |
|
(1) the court; |
|
(2) the Department of Family and Protective Services; |
|
(3) any attorney ad litem or guardian ad litem |
|
appointed for the child; and |
|
(4) any volunteer advocate appointed for the child. |
|
SECTION 85. Section 244.0106(c), Human Resources Code, is |
|
amended to read as follows: |
|
(c) The rules adopted under this section must require: |
|
(1) the Department of Family and Protective Services |
|
to: |
|
(A) provide the department with access to |
|
relevant health and education information regarding a child; and |
|
(B) require a child's caseworker to visit the |
|
child in person at least once each month while the child is |
|
committed to the department; |
|
(2) the department to: |
|
(A) provide the Department of Family and |
|
Protective Services with relevant health and education information |
|
regarding a child; |
|
(B) permit communication, including in person, |
|
by telephone, and by mail, between a child committed to the |
|
department and: |
|
(i) the Department of Family and Protective |
|
Services; and |
|
(ii) the attorney ad litem, the guardian ad |
|
litem, and the volunteer advocate for the child; and |
|
(C) provide the Department of Family and |
|
Protective Services and any attorney ad litem or guardian ad litem |
|
for the child with timely notice of the following events relating to |
|
the child: |
|
(i) a meeting designed to develop or revise |
|
the individual case plan for the child; |
|
(ii) in accordance with any participation |
|
protocols to which the Department of Family and Protective Services |
|
and the department agree, a medical appointment at which a person |
|
authorized to consent to medical care must participate as required |
|
by Section 266.004(i), Family Code; |
|
(iii) an education meeting, including |
|
admission, review, or dismissal meetings for a child receiving |
|
special education; |
|
(iv) a grievance or disciplinary hearing |
|
for the child; |
|
(v) a report of abuse or neglect of the |
|
child; and |
|
(vi) a significant change in medical |
|
condition of the child, as defined by Section 264.018 [266.005], |
|
Family Code; and |
|
(3) the Department of Family and Protective Services |
|
and the department to participate in transition planning for the |
|
child through release from detention, release under supervision, |
|
and discharge. |
|
SECTION 86. The following provisions, including provisions |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, are repealed: |
|
(1) Section 162.302, Family Code; |
|
(2) Section 162.303, Family Code; |
|
(3) Sections 162.304(c), (d), and (e), Family Code; |
|
(4) Section 162.308, Family Code; |
|
(5) Section 162.309, Family Code; |
|
(6) Section 261.004, Family Code; |
|
(7) Section 261.203(d), Family Code; |
|
(8) Section 261.3012, Family Code; |
|
(9) Sections 261.308(b) and (c), Family Code; |
|
(10) Section 261.310(c), Family Code; |
|
(11) Section 261.3101, Family Code; |
|
(12) Section 262.1041, Family Code; |
|
(13) Section 262.105(b), Family Code; |
|
(14) Section 263.008(a)(2), Family Code; |
|
(15) Sections 263.009(c), (d), (e), and (f), Family |
|
Code; |
|
(16) Sections 263.102(c) and (g), Family Code; |
|
(17) Section 263.306(a), Family Code, as amended by |
|
Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619), Acts |
|
of the 83rd Legislature, Regular Session, 2013; |
|
(18) Section 263.306(b), Family Code; |
|
(19) Sections 263.501(d) and (e), Family Code; |
|
(20) Sections 263.502(b), (c), and (d), Family Code; |
|
(21) Section 263.503, Family Code; |
|
(22) Sections 264.002(a), (b), (c), and (d), Family |
|
Code; |
|
(23) Section 264.012, Family Code; |
|
(24) Section 264.016, Family Code; |
|
(25) Sections 264.107(a), (c), and (d), Family Code; |
|
(26) Section 264.1071, Family Code; |
|
(27) Section 264.108, Family Code; |
|
(28) Sections 264.110(a), (b), (c), (e), (f), (g), and |
|
(h), Family Code; |
|
(29) Section 264.111, Family Code; |
|
(30) Section 264.117, Family Code; |
|
(31) Section 264.119, Family Code; |
|
(32) Section 264.207(b), Family Code; |
|
(33) Section 264.208, Family Code; |
|
(34) Section 264.303, Family Code; |
|
(35) Section 264.304, Family Code; |
|
(36) Section 264.305, Family Code; |
|
(37) Section 264.306, Family Code; |
|
(38) Section 264.752(b), Family Code; |
|
(39) Section 264.851(1), Family Code; |
|
(40) Section 266.001(4), Family Code; |
|
(41) Section 266.005, Family Code; |
|
(42) Section 40.001(5), Human Resources Code; |
|
(43) Section 40.0305, Human Resources Code; |
|
(44) Section 40.031, Human Resources Code; |
|
(45) Section 40.0324, Human Resources Code; |
|
(46) Section 40.0327, Human Resources Code; |
|
(47) Section 40.036, Human Resources Code; |
|
(48) Sections 40.037(b) and (c), Human Resources Code; |
|
(49) Section 40.052, Human Resources Code; |
|
(50) Section 40.0523, Human Resources Code; |
|
(51) Section 40.0524(d), Human Resources Code; |
|
(52) Section 40.0525, Human Resources Code; |
|
(53) Sections 40.0528(b) and (c), Human Resources |
|
Code; |
|
(54) Section 40.0566, Human Resources Code; |
|
(55) Section 40.069, Human Resources Code; and |
|
(56) Section 40.073, Human Resources Code. |
|
SECTION 87. Not later than January 1, 2016, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt rules necessary to implement the changes in law made by this |
|
Act. |
|
SECTION 88. Not later than January 1, 2016, the Department |
|
of Family and Protective Services shall seek public input for the |
|
initial report required under Section 264.017, Family Code, as |
|
added by this Act. |
|
SECTION 89. Not later than September 1, 2016, the |
|
Department of Family and Protective Services shall adopt the |
|
initial strategic plan required by Section 265.005, Family Code, as |
|
added by this Act. |
|
SECTION 90. Section 42.078, Human Resources Code, as |
|
amended by this Act, applies only to a violation that occurs on or |
|
after the effective date of this Act. A violation that occurs |
|
before the effective date of this Act is governed by the law in |
|
effect at the time the violation occurred, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 91. (a) Except as otherwise provided by this |
|
section, this Act takes effect September 1, 2015. |
|
(b) Sections 42.050(d) and 42.052(f-1), Human Resources |
|
Code, as added by this Act, take effect September 1, 2016. |