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A BILL TO BE ENTITLED
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AN ACT
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relating to child protective services suits, motions, and services |
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by the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.0052, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) In addition to the information provided under |
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Subsection (b), the Department of Family and Protective Services |
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and the Texas Juvenile Justice Department shall coordinate and |
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develop protocols for sharing with each other, on request, any |
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other information relating to a multi-system youth necessary to: |
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(1) identify and coordinate the provision of services |
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to the youth and prevent duplication of services; |
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(2) enhance rehabilitation of the youth; and |
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(3) improve and maintain community safety. |
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SECTION 2. Section 105.002, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The Department of Family and Protective Services in |
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collaboration with interested parties, including the Permanent |
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Judicial Commission for Children, Youth and Families, shall review |
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the form of jury submissions in this state and make recommendations |
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to the legislature not later than December 31, 2017, regarding |
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whether broad-form or specific jury questions should be required in |
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suits affecting the parent-child relationship filed by the |
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department. This subsection expires September 1, 2019. |
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SECTION 3. Sections 107.002(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) A guardian ad litem appointed for the child under this |
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chapter shall: |
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(1) within a reasonable time after the appointment, |
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interview: |
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(A) the child in a developmentally appropriate |
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manner, if the child is four years of age or older; |
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(B) each person who has significant knowledge of |
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the child's history and condition, including educators, child |
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welfare service providers, and any foster parent of the child; and |
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(C) the parties to the suit; |
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(2) seek to elicit in a developmentally appropriate |
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manner the child's expressed objectives; |
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(3) consider the child's expressed objectives without |
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being bound by those objectives; |
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(4) encourage settlement and the use of alternative |
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forms of dispute resolution; and |
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(5) perform any specific task directed by the court. |
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(c) A guardian ad litem appointed for the child under this |
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chapter is entitled to: |
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(1) receive a copy of each pleading or other paper |
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filed with the court in the case in which the guardian ad litem is |
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appointed; |
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(2) receive notice of each hearing in the case; |
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(3) participate in case staffings by the Department of |
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Family and Protective Services concerning the child; |
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(4) attend all legal proceedings in the case but may |
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not call or question a witness or otherwise provide legal services |
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unless the guardian ad litem is a licensed attorney who has been |
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appointed in the dual role; |
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(5) review and sign, or decline to sign, an agreed |
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order affecting the child; [and] |
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(6) explain the basis for the guardian ad litem's |
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opposition to the agreed order if the guardian ad litem does not |
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agree to the terms of a proposed order; |
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(7) have access to the child in the child's placement; |
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(8) be consulted and provide comments on decisions |
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regarding placement, including kinship, foster care, and adoptive |
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placements; |
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(9) evaluate whether the child welfare services |
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providers are protecting the child's best interests regarding |
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appropriate care, treatment, services, and all other foster |
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children's rights listed in Section 263.008; |
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(10) receive notification regarding and an invitation |
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to attend meetings related to the child's service plan and a copy of |
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the plan; and |
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(11) attend court-ordered mediation regarding the |
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child's case. |
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SECTION 4. Section 107.016, Family Code, is amended to read |
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as follows: |
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Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
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APPOINTMENT. In a suit filed by a governmental entity in which |
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termination of the parent-child relationship or appointment of the |
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entity as conservator of the child is requested: |
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(1) an order appointing the Department of Family and |
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Protective Services as the child's managing conservator may provide |
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for the continuation of the appointment of the guardian ad litem [or
|
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attorney ad litem] for the child for any period during the time the |
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child remains in the conservatorship of the department, as set by |
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the court; [and] |
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(2) an order appointing the Department of Family and |
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Protective Services as the child's managing conservator may provide |
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for the continuation of the appointment of the attorney ad litem for |
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the child as long as the child remains in the conservatorship of the |
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department; and |
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(3) an attorney appointed under this subchapter to |
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serve as an attorney ad litem for a parent or an alleged father |
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continues to serve in that capacity until the earliest of: |
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(A) the date the suit affecting the parent-child |
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relationship is dismissed; |
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(B) the date all appeals in relation to any final |
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order terminating parental rights are exhausted or waived; or |
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(C) the date the attorney is relieved of the |
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attorney's duties or replaced by another attorney after a finding |
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of good cause is rendered by the court on the record. |
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SECTION 5. Section 155.201, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) On receiving notice that a court exercising |
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jurisdiction under Chapter 262 has ordered the transfer of a suit |
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under Section 262.203(a)(2), the court of continuing, exclusive |
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jurisdiction shall, pursuant to the requirements of Section |
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155.204(i), transfer the proceedings to the court in which the suit |
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under Chapter 262 is pending within the time required by Section |
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155.207(a). |
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SECTION 6. Section 155.204(i), Family Code, is amended to |
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read as follows: |
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(i) If a transfer order has been signed by a court |
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exercising jurisdiction under Chapter 262, the Department of Family |
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and Protective Services shall [a party may] file the transfer order |
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with the clerk of the court of continuing, exclusive jurisdiction. |
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On receipt and without a hearing or further order from the court of |
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continuing, exclusive jurisdiction, the clerk of the court of |
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continuing, exclusive jurisdiction shall transfer the files as |
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provided by this subchapter within the time required by Section |
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155.207(a). |
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SECTION 7. Section 161.001, Family Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) A court may not make a finding under Subsection (b) and |
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order termination of the parent-child relationship based on |
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evidence that the parent: |
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(1) homeschooled the child; |
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(2) is economically disadvantaged; |
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(3) has been charged with a nonviolent misdemeanor |
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offense other than: |
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(A) an offense under Title 5, Penal Code; |
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(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
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(4) provided or administered low-THC cannabis to a |
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child for whom the low-THC cannabis was prescribed under Chapter |
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169, Occupations Code; or |
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(5) declined immunization for the child for reasons of |
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conscience, including a religious belief. |
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(d) A court may not order termination under Subsection |
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(b)(1)(O) based on the failure by the parent to comply with a |
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specific provision of a court order if a parent proves by a |
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preponderance of evidence that: |
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(1) the parent was unable to comply with specific |
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provisions of the court order; and |
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(2) the parent made a good faith effort to comply with |
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the order and the failure to comply with the order is not |
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attributable to any fault of the parent. |
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(e) This section does not prohibit the Department of Family |
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and Protective Services from offering evidence described by |
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Subsection (c) as part of an action to terminate the parent-child |
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relationship under this subchapter. |
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SECTION 8. Section 161.206, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In a suit filed by the Department of Family and |
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Protective Services seeking termination of the parent-child |
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relationship for more than one parent of the child, the court may |
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order termination of the parent-child relationship for one of the |
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parents only if the court finds by clear and convincing evidence |
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grounds for the termination of the parent-child relationship for |
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that parent. |
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SECTION 9. Chapter 261, Family Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT |
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Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN |
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CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an |
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application for a protective order for a child's protection under |
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this subchapter on the department's own initiative or jointly with |
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a parent, relative, or caregiver of the child who requests the |
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filing of the application if the department: |
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(1) has temporary managing conservatorship of the |
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child; |
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(2) determines that: |
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(A) the child: |
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(i) is a victim of abuse or neglect; or |
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(ii) has a history of being abused or |
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neglected; and |
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(B) there is a threat of: |
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(i) immediate or continued abuse or neglect |
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to the child; |
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(ii) someone illegally taking the child |
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from the home in which the child is placed; |
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(iii) behavior that poses a threat to the |
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caregiver with whom the child is placed; or |
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(iv) someone committing an act of violence |
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against the child or the child's caregiver; and |
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(3) is not otherwise authorized to apply for a |
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protective order for the child's protection under Chapter 82. |
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Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the |
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application under this subchapter, the department must certify |
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that: |
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(1) the department has diligently searched for and: |
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(A) was unable to locate the child's parent, |
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legal guardian, or custodian, other than the respondent to the |
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application; or |
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(B) located and provided notice of the proposed |
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application to the child's parent, legal guardian, or custodian, |
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other than the respondent to the application; and |
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(2) if applicable, the relative or caregiver who is |
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jointly filing the petition, or with whom the child would reside |
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following an entry of the protective order, has not abused or |
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neglected the child and does not have a history of abuse or neglect. |
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(b) An application for a temporary ex parte order under |
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Section 261.503 may be filed without making the findings required |
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by Subsection (a) if the department certifies that the department |
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believes there is an immediate danger of abuse or neglect to the |
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child. |
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Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds |
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from the information contained in an application for a protective |
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order that there is an immediate danger of abuse or neglect to the |
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child, the court, without further notice to the respondent and |
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without a hearing, may enter a temporary ex parte order for the |
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protection of the child. |
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Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. (a) At the close of a hearing on an application for a |
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protective order under this subchapter, the court shall find |
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whether there are reasonable grounds to believe that: |
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(1) the child: |
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(A) is a victim of abuse or neglect; or |
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(B) has a history of being abused or neglected; |
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and |
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(2) there is a threat of: |
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(A) immediate or continued abuse or neglect to |
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the child; |
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(B) someone illegally taking the child from the |
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home in which the child is placed; |
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(C) behavior that poses a threat to the caregiver |
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with whom the child is placed; or |
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(D) someone committing an act of violence against |
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the child or the child's caregiver. |
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(b) If the court makes an affirmative finding under |
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Subsection (a), the court shall issue a protective order that |
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includes a statement of that finding. |
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Sec. 261.505. APPLICATION OF OTHER LAW. To the extent |
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applicable, except as otherwise provided by this subchapter, Title |
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4 applies to a protective order issued under this subchapter. |
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SECTION 10. Subchapter A, Chapter 262, Family Code, is |
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amended by adding Section 262.0022 to read as follows: |
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Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each |
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hearing under this chapter, the court shall review the placement of |
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each child in the temporary or permanent managing conservatorship |
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of the Department of Family and Protective Services who is not |
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placed with a relative caregiver or designated caregiver as defined |
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by Section 264.751. The court shall include in its findings a |
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statement on whether the department has the option of placing the |
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child with a relative or other designated caregiver. |
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SECTION 11. Subchapter A, Chapter 262, Family Code, is |
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amended by adding Sections 262.013 and 262.014 to read as follows: |
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Sec. 262.013. VOLUNTARY TEMPORARY MANAGING |
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CONSERVATORSHIP. In a suit affecting the parent-child relationship |
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filed by the Department of Family and Protective Services, the |
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existence of a parent's voluntary agreement to temporarily place |
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the parent's child in the managing conservatorship of the |
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department is not an admission by the parent that the parent engaged |
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in conduct that endangered the child. |
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Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. On the |
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request of the attorney for a parent who is a party in a suit |
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affecting the parent-child relationship filed under this chapter, |
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or the attorney ad litem for the parent's child, the Department of |
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Family and Protective Services shall, before the full adversary |
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hearing, provide: |
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(1) the name of any person, excluding a department |
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employee, whom the department will call as a witness to any of the |
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allegations contained in the petition filed by the department; |
|
(2) a copy of any offense report relating to the |
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allegations contained in the petition filed by the department that |
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will be used in court to refresh a witness's memory; and |
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(3) a copy of any photograph, video, or recording that |
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will be presented as evidence. |
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SECTION 12. Section 262.113, Family Code, is amended to |
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read as follows: |
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Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF |
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CHILD. An original suit filed by a governmental entity that |
|
requests to take possession of a child after notice and a hearing |
|
must be supported by an affidavit sworn to by a person with personal |
|
knowledge and stating facts sufficient to satisfy a person of |
|
ordinary prudence and caution that: |
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(1) there is a continuing danger to the physical |
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health or safety of the child caused by an act or failure to act of |
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the person entitled to possession of the child and that allowing the |
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child to remain in the home would be contrary to the child's |
|
welfare; and |
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(2) reasonable efforts, consistent with the |
|
circumstances and providing for the safety of the child, have been |
|
made to prevent or eliminate the need to remove the child from the |
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child's home[; and
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[(2)
allowing the child to remain in the home would be
|
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contrary to the child's welfare]. |
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SECTION 13. Subchapter B, Chapter 262, Family Code, is |
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amended by adding Section 262.116 to read as follows: |
|
Sec. 262.116. LIMITS ON REMOVAL. (a) The Department of |
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Family and Protective Services may not take possession of a child |
|
under this subchapter based on evidence that the parent: |
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(1) homeschooled the child; |
|
(2) is economically disadvantaged; |
|
(3) has been charged with a nonviolent misdemeanor |
|
offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) provided or administered low-THC cannabis to a |
|
child for whom the low-THC cannabis was prescribed under Chapter |
|
169, Occupations Code; or |
|
(5) declined immunization for the child for reasons of |
|
conscience, including a religious belief. |
|
(b) The department shall train child protective services |
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caseworkers regarding the prohibitions on removal provided under |
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Subsection (a). |
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(c) The executive commissioner of the Health and Human |
|
Services Commission may adopt rules to implement this section. |
|
(d) This section does not prohibit the department from |
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gathering or offering evidence described by Subsection (a) as part |
|
of an action to take possession of a child under this subchapter. |
|
SECTION 14. Section 262.201, Family Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-5) to read as |
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follows: |
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(a) Unless the child has already been returned to the |
|
parent, managing conservator, possessory conservator, guardian, |
|
caretaker, or custodian entitled to possession and the temporary |
|
order, if any, has been dissolved, a full adversary hearing shall be |
|
held not later than the 14th day after the date the child was taken |
|
into possession by the governmental entity, unless the court grants |
|
an extension under Subsection (a-3) or (a-5). |
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(a-5) If a parent who is not indigent appears in opposition |
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to the suit, the court may, for good cause shown, postpone the full |
|
adversary hearing for not more than seven days from the date of the |
|
parent's appearance to allow the parent to hire an attorney or to |
|
provide the parent's attorney time to respond to the petition and |
|
prepare for the hearing. A postponement under this subsection is |
|
subject to the limits and requirements prescribed by Subsection |
|
(a-3) and Section 155.207. |
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SECTION 15. Section 262.203(a), Family Code, is amended to |
|
read as follows: |
|
(a) On the motion of a party or the court's own motion, if |
|
applicable, the court that rendered the temporary order shall in |
|
accordance with procedures provided by Chapter 155: |
|
(1) transfer the suit to the court of continuing, |
|
exclusive jurisdiction, if any, within the time required by Section |
|
155.207(a), if the court finds that the transfer is: |
|
(A) necessary for the convenience of the parties; |
|
and |
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(B) in the best interest of the child; |
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(2) [if grounds exist for mandatory transfer from the
|
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court of continuing, exclusive jurisdiction under Section
|
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155.201,] order transfer of the suit from the [that] court of |
|
continuing, exclusive jurisdiction; or |
|
(3) if grounds exist for transfer based on improper |
|
venue, order transfer of the suit to the court having venue of the |
|
suit under Chapter 103. |
|
SECTION 16. Subchapter C, Chapter 262, Family Code, is |
|
amended by adding Section 262.206 to read as follows: |
|
Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless |
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otherwise authorized by this chapter or other law, a hearing held by |
|
a court in a suit under this chapter may not be ex parte. |
|
SECTION 17. Section 263.002, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a) |
|
In a suit affecting the parent-child relationship in which the |
|
department has been appointed by the court or designated in an |
|
affidavit of relinquishment of parental rights as the temporary or |
|
permanent managing conservator of a child, the court shall hold a |
|
hearing to review: |
|
(1) the conservatorship appointment and substitute |
|
care; and |
|
(2) for a child committed to the Texas Juvenile |
|
Justice Department, the child's commitment in the Texas Juvenile |
|
Justice Department or release under supervision by the Texas |
|
Juvenile Justice Department. |
|
(b) At each hearing under this chapter, the court shall |
|
review the placement of each child in the temporary managing |
|
conservatorship of the department who is not placed with a relative |
|
caregiver or designated caregiver as defined by Section 264.751. |
|
The court shall include in its findings a statement whether the |
|
department placed the child with a relative or other designated |
|
caregiver. |
|
(c) At each permanency hearing under this chapter, the court |
|
shall review the placement of each child in the temporary managing |
|
conservatorship of the department who has not been returned to the |
|
child's home. The court shall make a finding on whether returning |
|
the child to the child's home is safe and appropriate, whether the |
|
return is in the best interest of the child, and whether it is |
|
contrary to the welfare of the child for the child to return home. |
|
SECTION 18. Section 263.0021, Family Code, is amended by |
|
adding Subsections (e) and (f) to read as follows: |
|
(e) Notice of a hearing under this chapter provided to an |
|
individual listed under Subsection (b)(2) must state that the |
|
individual may, but is not required to, attend the hearing and may |
|
request to be heard at the hearing. |
|
(f) In a hearing under this chapter, the court shall |
|
determine whether the child's caregiver is present at the hearing |
|
and allow the caregiver to testify if the caregiver wishes to |
|
provide information about the child. |
|
SECTION 19. Section 263.401, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
|
EXTENSION. (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's jurisdiction over [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 is terminated and the suit is automatically dismissed |
|
without a court order. Not later than the 60th day before the day |
|
the suit is automatically dismissed, the court shall notify all |
|
parties to the suit of the automatic dismissal date. |
|
(b) Unless the court has commenced the trial on the merits, |
|
the court may not retain the suit on the court's docket after the |
|
time described by Subsection (a) unless the court finds that |
|
extraordinary circumstances necessitate the child remaining in the |
|
temporary managing conservatorship of the department and that |
|
continuing the appointment of the department as temporary managing |
|
conservator is in the best interest of the child. If the court |
|
makes those findings, the court may retain the suit on the court's |
|
docket for a period not to exceed 180 days after the time described |
|
by Subsection (a). If the court retains the suit on the court's |
|
docket, the court shall render an order in which the court: |
|
(1) schedules the new date on which the suit will be |
|
automatically dismissed if the trial on the merits has not |
|
commenced, which date must be not later than the 180th day after the |
|
time described by Subsection (a); |
|
(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 trial on the merits on a date not later |
|
than the date specified under Subdivision (1). |
|
(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 |
|
automatically 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 date, the court's jurisdiction over [court shall dismiss] |
|
the suit is terminated and the suit is automatically dismissed |
|
without a court order. 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 20. Section 263.402, Family Code, is amended to |
|
read as follows: |
|
Sec. 263.402. LIMIT ON EXTENSION[; WAIVER]. [(a)] The |
|
parties to a suit under this chapter may not extend the deadlines |
|
set by the court under this subchapter by agreement or otherwise. |
|
[(b)
A party to a suit under this chapter who fails to make a
|
|
timely motion to dismiss the suit under this subchapter waives the
|
|
right to object to the court's failure to dismiss the suit. A
|
|
motion to dismiss under this subsection is timely if the motion is
|
|
made before the trial on the merits commences.] |
|
SECTION 21. Section 263.403, Family Code, is amended by |
|
amending Subsections (a) and (c) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) Notwithstanding Section 263.401, the court may retain |
|
jurisdiction and not dismiss the suit or render a final order as |
|
required by that section if the court renders a temporary order |
|
that: |
|
(1) finds that retaining jurisdiction under this |
|
section is in the best interest of the child; |
|
(2) orders the department to: |
|
(A) return the child to the child's parent; or |
|
(B) transition the child, according to a schedule |
|
determined by the department or court, from substitute care to the |
|
parent while the parent completes the remaining requirements |
|
imposed under a service plan and specified in the temporary order |
|
that are necessary for the child's return; |
|
(3) orders the department to continue to serve as |
|
temporary managing conservator of the child; and |
|
(4) orders the department to monitor the child's |
|
placement to ensure that the child is in a safe environment. |
|
(a-1) Unless the court has granted an extension under |
|
Section 263.401(b), the department or the parent may request the |
|
court to retain jurisdiction for an additional six months as |
|
necessary for a parent to complete the remaining requirements in a |
|
service plan and specified in the temporary order that are |
|
mandatory for the child's return. |
|
(c) If before the dismissal of the suit or the commencement |
|
of the trial on the merits a child placed with a parent under this |
|
section must be moved from that home by the department or the court |
|
renders a temporary order terminating the transition order issued |
|
under Subsection (a)(2)(B) [before the dismissal of the suit or the
|
|
commencement of the trial on the merits], the court shall, at the |
|
time of the move or order, schedule a new date for dismissal of the |
|
suit [unless a trial on the merits has commenced]. The new |
|
dismissal date may not be later than the original dismissal date |
|
established under Section 263.401 or the 180th day after the date |
|
the child is moved or the order is rendered under this subsection, |
|
whichever date is later. |
|
SECTION 22. Subchapter E, Chapter 263, Family Code, is |
|
amended by adding Section 263.4055 to read as follows: |
|
Sec. 263.4055. SUPREME COURT RULES. The supreme court by |
|
rule shall establish civil and appellate procedures to address: |
|
(1) conflicts between the filing of a motion for new |
|
trial and the filing of an appeal of a final order rendered under |
|
this chapter; and |
|
(2) the period, including an extension of at least 20 |
|
days, for a court reporter to submit the reporter's record of a |
|
trial to an appellate court following a final order rendered under |
|
this chapter. |
|
SECTION 23. Section 263.5031, Family Code, is amended 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) whether the department placed the child with |
|
a relative or other designated caregiver and the continuing |
|
necessity and appropriateness of the placement of the child, |
|
including with respect to a child who has been placed outside of |
|
this state, whether the placement continues to be in the best |
|
interest of the child; |
|
(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 24. Section 264.018, Family Code, is amended by |
|
adding Subsection (d-1) and amending Subsection (f) to read as |
|
follows: |
|
(d-1) As soon as possible but not later than 24 hours after a |
|
change in placement of a child in the conservatorship of the |
|
department, the department shall give notice of the placement |
|
change to the managed care organization that contracts with the |
|
commission to provide health care services to the child under the |
|
STAR Health program. The managed care organization shall give |
|
notice of the placement change to the primary care physician listed |
|
in the child's health passport before the end of the second business |
|
day after the day the organization receives the notification from |
|
the department. |
|
(f) Except as provided by Subsection (d-1), as [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; |
|
(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. |
|
SECTION 25. The heading to Chapter 266, Family Code, is |
|
amended to read as follows: |
|
CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN |
|
CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
|
[FOSTER CARE] |
|
SECTION 26. Chapter 266, Family Code, is amended by adding |
|
Section 266.005 to read as follows: |
|
Sec. 266.005. FINDING ON HEALTH CARE CONSULTATION. If a |
|
court finds that a health care professional has been consulted |
|
regarding a health care service, procedure, or treatment for a |
|
child in the conservatorship of the department and the court |
|
declines to follow the recommendation of the health care |
|
professional, the court shall make findings in the record |
|
supporting the court's order. |
|
SECTION 27. (a) Subchapter A, Chapter 533, Government |
|
Code, is amended by adding Section 533.0056 to read as follows: |
|
Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF |
|
PLACEMENT CHANGE. A contract between a managed care organization |
|
and the commission for the organization to provide health care |
|
services to recipients under the STAR Health program must require |
|
the organization to ensure continuity of care for a child whose |
|
placement has changed by: |
|
(1) notifying each specialist treating the child of |
|
the placement change; and |
|
(2) coordinating the transition of care from the |
|
child's previous treating primary care physician and treating |
|
specialists to the child's new treating primary care physician and |
|
treating specialists, if any. |
|
(b) The changes in law made by this section apply only to a |
|
contract for the provision of health care services under the STAR |
|
Health program between the Health and Human Services Commission and |
|
a managed care organization under Chapter 533, Government Code, |
|
that is entered into, renewed, or extended on or after the effective |
|
date of this section. |
|
(c) If before implementing Section 533.0056, Government |
|
Code, as added by this section, the Health and Human Services |
|
Commission determines that a waiver or authorization from a federal |
|
agency is necessary for implementation of that provision, the |
|
health and human services agency affected by the provision shall |
|
request the waiver or authorization and may delay implementing that |
|
provision until the waiver or authorization is granted. |
|
SECTION 28. Effective September 1, 2018, Section 572.001, |
|
Health and Safety Code, is amended by amending Subsection (c) and |
|
adding Subsections (c-2), (c-3), and (c-4) to read as follows: |
|
(c) A person or agency appointed as the guardian or a |
|
managing conservator of a person younger than 18 years of age and |
|
acting as an employee or agent of the state or a political |
|
subdivision of the state may request admission of the person |
|
younger than 18 years of age to an inpatient mental health facility |
|
[only with the person's consent.
If the person does not consent,
|
|
the person may be admitted for inpatient services] only as provided |
|
by Subsection (c-2) or pursuant to an application for court-ordered |
|
mental health services or emergency detention or an order for |
|
protective custody. |
|
(c-2) The Department of Family and Protective Services may |
|
request the admission to an inpatient mental health facility of a |
|
minor in the managing conservatorship of that department only if a |
|
physician states the physician's opinion, and the detailed reasons |
|
for that opinion, that the minor is a person: |
|
(1) with mental illness or who demonstrates symptoms |
|
of a serious emotional disorder; and |
|
(2) who presents a risk of serious harm to self or |
|
others if not immediately restrained or hospitalized. |
|
(c-3) The admission to an inpatient mental health facility |
|
under Subsection (c-2) of a minor in the managing conservatorship |
|
of the Department of Family and Protective Services is a |
|
significant event for purposes of Section 264.018, Family Code, and |
|
the Department of Family and Protective Services shall provide |
|
notice of the significant event: |
|
(1) in accordance with that section to all parties |
|
entitled to notice under that section; and |
|
(2) to the court with continuing jurisdiction before |
|
the expiration of three business days after the minor's admission. |
|
(c-4) The Department of Family and Protective Services |
|
periodically shall review the need for continued inpatient |
|
treatment of a minor admitted to an inpatient mental health |
|
facility under Subsection (c-2). If following the review that |
|
department determines there is no longer a need for continued |
|
inpatient treatment, that department shall notify the facility |
|
administrator designated to detain the minor that the minor may no |
|
longer be detained unless an application for court-ordered mental |
|
health services is filed. |
|
SECTION 29. Subchapter C, Chapter 42, Human Resources Code, |
|
is amended by adding Section 42.066 to read as follows: |
|
Sec. 42.066. REQUIRED SUBMISSION OF INFORMATION REQUESTED |
|
BY COURT. A general residential operation that provides mental |
|
health treatment or services to a child in the managing |
|
conservatorship of the department shall timely submit to the court |
|
in a suit affecting the parent-child relationship under Subtitle E, |
|
Title 5, Family Code, all information requested by that court. |
|
SECTION 30. The heading to Section 25.07, Penal Code, is |
|
amended to read as follows: |
|
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS |
|
OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT |
|
OR ABUSE, STALKING, OR TRAFFICKING CASE. |
|
SECTION 31. Section 25.07(a), Penal Code, is amended to |
|
read as follows: |
|
(a) A person commits an offense if, in violation of a |
|
condition of bond set in a family violence, sexual assault or abuse, |
|
stalking, or trafficking case and related to the safety of a victim |
|
or the safety of the community, an order issued under Chapter 7A, |
|
Code of Criminal Procedure, an order issued under Article 17.292, |
|
Code of Criminal Procedure, an order issued under Section 6.504, |
|
Family Code, Chapter 83, Family Code, if the temporary ex parte |
|
order has been served on the person, [or] Chapter 85, Family Code, |
|
or Subchapter F, Chapter 261, Family Code, or an order issued by |
|
another jurisdiction as provided by Chapter 88, Family Code, the |
|
person knowingly or intentionally: |
|
(1) commits family violence or an act in furtherance |
|
of an offense under Section 20A.02, 22.011, 22.021, or 42.072; |
|
(2) communicates: |
|
(A) directly with a protected individual or a |
|
member of the family or household in a threatening or harassing |
|
manner; |
|
(B) a threat through any person to a protected |
|
individual or a member of the family or household; or |
|
(C) in any manner with the protected individual |
|
or a member of the family or household except through the person's |
|
attorney or a person appointed by the court, if the violation is of |
|
an order described by this subsection and the order prohibits any |
|
communication with a protected individual or a member of the family |
|
or household; |
|
(3) goes to or near any of the following places as |
|
specifically described in the order or condition of bond: |
|
(A) the residence or place of employment or |
|
business of a protected individual or a member of the family or |
|
household; or |
|
(B) any child care facility, residence, or school |
|
where a child protected by the order or condition of bond normally |
|
resides or attends; |
|
(4) possesses a firearm; |
|
(5) harms, threatens, or interferes with the care, |
|
custody, or control of a pet, companion animal, or assistance |
|
animal that is possessed by a person protected by the order or |
|
condition of bond; or |
|
(6) removes, attempts to remove, or otherwise tampers |
|
with the normal functioning of a global positioning monitoring |
|
system. |
|
SECTION 32. The heading to Section 25.072, Penal Code, is |
|
amended to read as follows: |
|
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR |
|
CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, |
|
SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE. |
|
SECTION 33. (a) In this section: |
|
(1) "Attorney ad litem" has the meaning assigned by |
|
Section 107.001, Family Code. |
|
(2) "Commission" means the Permanent Judicial |
|
Commission for Children, Youth and Families established by the |
|
supreme court. |
|
(b) The commission shall study the appointment and use of |
|
attorneys ad litem in cases involving the Department of Family and |
|
Protective Services. The commission shall: |
|
(1) examine: |
|
(A) the method for appointing attorneys ad litem; |
|
(B) the oversight and accountability measures |
|
used across the state to monitor attorneys ad litem; |
|
(C) the methods by which qualifications for |
|
appointment as an attorney ad litem and training requirements for |
|
an attorney ad litem are established and enforced; |
|
(D) the timing of and duration of appointments; |
|
(E) the rate of compensation for appointments and |
|
the method for establishing compensation rates across the state; |
|
(F) the quality of representation and methods for |
|
assessing performance of attorneys ad litem; |
|
(G) the pretrial and posttrial client |
|
satisfaction with representation by attorneys ad litem |
|
representing parents and attorneys ad litem representing children; |
|
(H) organizational studies and national |
|
standards related to the workload of attorneys ad litem; |
|
(I) the best practices for attorneys ad litem; |
|
and |
|
(J) the estimated and average costs associated |
|
with legal representation by an attorney ad litem per child |
|
compared with the costs associated with foster care per child; |
|
(2) conduct a survey of attorneys ad litem about the |
|
attorney's training, including: |
|
(A) the attorney's legal education; |
|
(B) whether the attorney is certified as a |
|
specialist by the Texas Board of Legal Specialization in any area of |
|
law; and |
|
(C) the professional standards followed by the |
|
attorney; |
|
(3) perform a statistical analysis of the data and |
|
information collected under Subdivisions (1) and (2) of this |
|
subsection; and |
|
(4) develop policy recommendations for improving the |
|
attorney ad litem appointment process. |
|
(c) The commission shall prepare a report based on the |
|
findings of the study conducted under this section and shall submit |
|
the report to each member of the legislature not later than |
|
September 1, 2018. |
|
SECTION 34. (a) The changes in law made by this Act apply |
|
only to a service plan filed for a full adversary hearing held under |
|
Section 262.201, Family Code, or a status hearing held under |
|
Chapter 263, Family Code, on or after January 1, 2018. A hearing |
|
held before that date is governed by the law in effect immediately |
|
before the effective date of this Act, and that law is continued in |
|
effect for that purpose. |
|
(b) The changes made by this Act to Section 263.401, Family |
|
Code, apply only to a suit affecting the parent-child relationship |
|
pending in a trial court on the effective date of this Act or filed |
|
on or after the effective date of this Act. A suit affecting the |
|
parent-child relationship in which a final order is rendered before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the order was rendered, and the former law is continued in |
|
effect for that purpose. |
|
(c) Except as otherwise provided by this section, the |
|
changes in law made by this Act apply only to a suit affecting the |
|
parent-child relationship filed on or after the effective date of |
|
this Act. A suit affecting the parent-child relationship filed |
|
before the effective date of this Act is subject to the law in |
|
effect at the time the suit was filed, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 35. Subchapter F, Chapter 261, Family Code, as |
|
added by this Act, Section 262.206, Family Code, as added by this |
|
Act, Section 572.001, Health and Safety Code, as amended by this |
|
Act, and Section 25.07(a), Penal Code, as amended by this Act, take |
|
effect only if a specific appropriation for the implementation of |
|
those sections is provided in a general appropriations act of the |
|
85th Legislature. |
|
SECTION 36. Except as otherwise provided by this Act, this |
|
Act takes effect September 1, 2017. |
|
|
|
* * * * * |