|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          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; | 
      
      
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                     (41)  Section 266.005, Family Code; | 
      
      
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                     (42)  Section 40.001(5), Human Resources Code; | 
      
      
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                     (43)  Section 40.0305, Human Resources Code; | 
      
      
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                     (44)  Section 40.031, Human Resources Code; | 
      
      
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                     (45)  Section 40.0324, Human Resources Code; | 
      
      
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                     (46)  Section 40.0327, Human Resources Code; | 
      
      
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                     (47)  Section 40.036, Human Resources Code; | 
      
      
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                     (48)  Sections 40.037(b) and (c), Human Resources Code; | 
      
      
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                     (49)  Section 40.052, Human Resources Code; | 
      
      
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                     (50)  Section 40.0523, Human Resources Code; | 
      
      
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                     (51)  Section 40.0524(d), Human Resources Code; | 
      
      
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                     (52)  Section 40.0525, Human Resources Code; | 
      
      
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                     (53)  Sections 40.0528(b) and (c), Human Resources  | 
      
      
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        Code; | 
      
      
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                     (54)  Section 40.0566, Human Resources Code; | 
      
      
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                     (55)  Section 40.069, Human Resources Code; and | 
      
      
        | 
           
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                     (56)  Section 40.073, Human Resources Code. | 
      
      
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			 | 
               SECTION 87.  Not later than January 1, 2016, the executive  | 
      
      
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        commissioner of the Health and Human Services Commission shall  | 
      
      
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        adopt rules necessary to implement the changes in law made by this  | 
      
      
        | 
           
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        Act. | 
      
      
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			 | 
               SECTION 88.  Not later than January 1, 2016, the Department  | 
      
      
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        of Family and Protective Services shall seek public input for the  | 
      
      
        | 
           
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        initial report required under Section 264.017, Family Code, as  | 
      
      
        | 
           
			 | 
        added by this Act. | 
      
      
        | 
           
			 | 
               SECTION 89.  Not later than September 1, 2016, the  | 
      
      
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        Department of Family and Protective Services shall adopt the  | 
      
      
        | 
           
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        initial strategic plan required by Section 265.005, Family Code, as  | 
      
      
        | 
           
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        added by this Act. | 
      
      
        | 
           
			 | 
               SECTION 90.  Section 42.078, Human Resources Code, as  | 
      
      
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        amended by this Act, applies only to a violation that occurs on or  | 
      
      
        | 
           
			 | 
        after the effective date of this Act.  A violation that occurs  | 
      
      
        | 
           
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        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  | 
      
      
        | 
           
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        continued in effect for that purpose. | 
      
      
        | 
           
			 | 
               SECTION 91.  (a)  Except as otherwise provided by this  | 
      
      
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        section, this Act takes effect September 1, 2015. | 
      
      
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               (b)  Sections 42.050(d) and 42.052(f-1), Human Resources  | 
      
      
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        Code, as added by this Act, take effect September 1, 2016. |