Bill Text: TX HB1972 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB1972 Detail]
Download: Texas-2023-HB1972-Comm_Sub.html
By: Campos, Garcia, Plesa | H.B. No. 1972 | |
(Senate Sponsor - Kolkhorst) | ||
(In the Senate - Received from the House May 4, 2023; | ||
May 5, 2023, read first time and referred to Committee on Health & | ||
Human Services; May 19, 2023, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 19, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1972 | By: Kolkhorst |
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relating to policies and procedures regarding children placed by | ||
the Department of Family and Protective Services in a residential | ||
treatment center or program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 263.001(a), Family Code, is amended by | ||
adding Subdivision (5) to read as follows: | ||
(5) "Residential treatment center" means a general | ||
residential operation licensed under Chapter 42, Human Resources | ||
Code, that provides treatment services. | ||
SECTION 2. Section 263.002, Family Code, is amended by | ||
adding Subsections (e) and (f) to read as follows: | ||
(e) If a child is placed in a residential treatment center, | ||
or if a child is referred to and awaiting placement in a residential | ||
treatment center, the court shall examine available evidence and | ||
determine whether: | ||
(1) the child's needs can be met through placement in a | ||
family-like setting; | ||
(2) the recommended or existing program can provide | ||
the most effective and appropriate level of care for the child; | ||
(3) the recommended or existing program is the least | ||
restrictive setting consistent with the child's best interest and | ||
individual needs; and | ||
(4) the placement is consistent with the short-term | ||
and long-term goals for the child, as specified by the child's | ||
permanency plan. | ||
(f) In making a determination under Subsection (e), the | ||
court may consider: | ||
(1) psychological or psychiatric assessments; | ||
(2) the child's current treatment plan and progress | ||
being made; | ||
(3) any significant medical, legal, or behavioral | ||
incidents involving the child; | ||
(4) the reasons for the child's discharge from any | ||
previous placement or the child's current placement; | ||
(5) the programs available at the facility to address | ||
the child's needs; | ||
(6) the program's plan to discharge the child after | ||
treatment; and | ||
(7) whether there are other programs identified by the | ||
child's caseworker that more effectively meet the child's needs. | ||
SECTION 3. Section 263.202(b), Family Code, is amended to | ||
read as follows: | ||
(b) Except as otherwise provided by this subchapter, a | ||
status hearing shall be limited to matters related to the contents | ||
and execution of the service plan filed with the court. The court | ||
shall review the service plan that the department filed under this | ||
chapter for reasonableness, accuracy, and compliance with | ||
requirements of court orders and make findings as to whether: | ||
(1) a plan that has the goal of returning the child to | ||
the child's parents adequately ensures that reasonable efforts are | ||
made to enable the child's parents to provide a safe environment for | ||
the child; | ||
(2) the child's parents have reviewed and understand | ||
the plan and have been advised that unless the parents are willing | ||
and able to provide the child with a safe environment, even with the | ||
assistance of a service plan, within the reasonable period of time | ||
specified in the plan, the parents' parental and custodial duties | ||
and rights may be subject to restriction or to termination under | ||
this code or the child may not be returned to the parents; | ||
(3) the plan is narrowly tailored to address any | ||
specific issues identified by the department; [ |
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(4) the child's parents and the representative of the | ||
department have signed the plan; | ||
(5) based on the court's determination under Section | ||
263.002, continued placement is appropriate if the child is placed | ||
in a residential treatment center; and | ||
(6) based on the court's determination under Section | ||
263.00201, continued placement is appropriate if the child is | ||
placed in a qualified residential treatment program. | ||
SECTION 4. Section 263.306(a-1), Family Code, is amended 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, relative of the child, or other adult identified by the | ||
child as a potential relative or designated caregiver; | ||
(3) ask all parties present whether the child or the | ||
child's family has a Native American heritage and identify any | ||
Native American tribe with which the child may be associated; | ||
(4) 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; | ||
(5) 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) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to identify | ||
any adults, particularly an adult residing in the child's | ||
community, who could be a relative or designated caregiver for the | ||
child; | ||
(F) 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; | ||
(G) 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; | ||
(H) 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; [ |
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(I) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; | ||
(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; | ||
(iii) whether the department has conducted | ||
an independent living skills assessment under Section | ||
264.121(a-3); | ||
(iv) whether the department has addressed | ||
the goals identified in the child's permanency plan, including the | ||
child's housing plan, and the results of the independent living | ||
skills assessment; | ||
(v) if the youth is 16 years of age or | ||
older, whether there is evidence that the department has provided | ||
the youth with the documents and information listed in Section | ||
264.121(e); and | ||
(vi) if the youth is 18 years of age or | ||
older or has had the disabilities of minority removed, whether | ||
there is evidence that the department has provided the youth with | ||
the documents and information listed in Section 264.121(e-1); | ||
(J) based on the court's determination under | ||
Section 263.002, whether continued placement is appropriate if the | ||
child is placed in a residential treatment center; and | ||
(K) based on the court's determination under | ||
Section 263.00201, whether continued placement is appropriate if | ||
the child is placed in a qualified residential treatment program; | ||
(6) 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; | ||
(7) 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 | ||
(8) announce in open court the dismissal date and the | ||
date of any upcoming hearings. | ||
SECTION 5. Section 263.5031(a), Family Code, is amended to | ||
read as follows: | ||
(a) 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; | ||
(3) for a child placed with a relative of the child or | ||
other designated caregiver, review the efforts of the department to | ||
inform the caregiver of: | ||
(A) the option to become verified by a licensed | ||
child-placing agency to operate an agency foster home, if | ||
applicable; and | ||
(B) the permanency care assistance program under | ||
Subchapter K, Chapter 264; and | ||
(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) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to identify | ||
any adult, particularly an adult residing in the child's community, | ||
who could be a relative or designated caregiver for the child; | ||
(C) whether the department placed the child with | ||
a relative or 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; | ||
(D) 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; | ||
(E) 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; | ||
(F) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; | ||
(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; | ||
(iii) whether the department has conducted | ||
an independent living skills assessment under Section | ||
264.121(a-3); | ||
(iv) whether the department has addressed | ||
the goals identified in the child's permanency plan, including the | ||
child's housing plan, and the results of the independent living | ||
skills assessment; | ||
(v) if the youth is 16 years of age or | ||
older, whether there is evidence that the department has provided | ||
the youth with the documents and information listed in Section | ||
264.121(e); and | ||
(vi) if the youth is 18 years of age or | ||
older or has had the disabilities of minority removed, whether | ||
there is evidence that the department has provided the youth with | ||
the documents and information listed in Section 264.121(e-1); | ||
(G) 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; | ||
(H) 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; | ||
(I) 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; | ||
(J) 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; | ||
(K) 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; [ |
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(L) whether the department has identified a | ||
family or other caring adult who has made a permanent commitment to | ||
the child; | ||
(M) based on the court's determination under | ||
Section 263.002, whether continued placement is appropriate if the | ||
child is placed in a residential treatment center; and | ||
(N) based on the court's determination under | ||
Section 263.00201, whether continued placement is appropriate if | ||
the child is placed in a qualified residential treatment program. | ||
SECTION 6. This Act takes effect September 1, 2023. | ||
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