Bill Text: TX HB1309 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the notification of certain persons concerning certain events related to a child in foster care or in the managing conservatorship of the Department of Family and Protective Services.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective immediately [HB1309 Detail]
Download: Texas-2015-HB1309-Enrolled.html
H.B. No. 1309 |
|
||
relating to the notification of certain persons concerning certain | ||
events related to a child in foster care or in the managing | ||
conservatorship of the Department of Family and Protective | ||
Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 264, Family Code, is | ||
amended by adding Section 264.018 to read as follows: | ||
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) "Psychotropic medication" has the meaning | ||
assigned by Section 266.001. | ||
(3) "Residential child-care facility" has the meaning | ||
assigned by Section 42.002, Human Resources Code. | ||
(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 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; | ||
(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; | ||
(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 2. Subchapter A, Chapter 264, Family Code, is | ||
amended by adding Section 264.0121 to read as follows: | ||
Sec. 264.0121. NOTICE TO LEGISLATORS OF FOSTER CHILD'S | ||
DEATH. Not later than the fifth day after the date the department | ||
is notified of the death of a child for whom the department has been | ||
appointed managing conservator, the department shall provide the | ||
information described by Section 261.203(a) for the child to the | ||
state senators and state representatives who represent: | ||
(1) the county in which the child's placement at the | ||
time of the child's death was located; and | ||
(2) the county in which a suit affecting the | ||
parent-child relationship involving the child is pending. | ||
SECTION 3. 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 [ |
||
(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 4. 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 [ |
||
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 5. Sections 264.117, 264.119, and 266.005, Family | ||
Code, are repealed. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1309 was passed by the House on April | ||
23, 2015, by the following vote: Yeas 135, Nays 4, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1309 on May 26, 2015, by the following vote: Yeas 145, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1309 was passed by the Senate, with | ||
amendments, on May 22, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |