Bill Text: TX HB3041 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB3041 Detail]

Download: Texas-2021-HB3041-Enrolled.html

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H.B. No. 3041

AN ACT
relating to the provision of certain services by the Department of
Family and Protective Services as an alternative to removing a
child and certain procedures with respect to children in the
managing conservatorship of the department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.1095, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d-1) 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 in writing to each adult the department is able to identify
and locate who is:
(A) related to the child within the third degree
by consanguinity as determined under Chapter 573, Government Code;
(B) an adult relative of the alleged father of
the child if the department has a reasonable basis to believe the
alleged father is the child's biological father; or
(C) 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.
(b) The information provided under Subsection (a) must:
(1) state that the child has been removed from the
child's home and is in the temporary managing conservatorship of
the department;
(2) explain the options available to the individual to
participate in the care and placement of the child and the support
of the child's family, the methods by which the individual may
exercise those options, and any requirements the individual must
satisfy to exercise those options, including:
(A) the requirement that the individual be
evaluated by the Department of Family and Protective Services under
Section 262.114 before the individual may serve as a substitute
caregiver; and
(B) the deadlines before which the individual
must respond to exercise those options;
(3) identify the [state that some] options available
to the individual that may be lost if the individual fails to
respond in a timely manner; [and]
(4) include, if applicable, the date, time, and
location of the hearing under Subchapter C, Chapter 263; and
(5) include information regarding the procedures and
timeline for a suit affecting the parent-child relationship under
this chapter.
(d-1) Immediately after the Department of Family and
Protective Services identifies and locates an individual described
by Subsection (a)(1), the department shall provide the information
required by this section.
SECTION 2. Chapter 262, Family Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. FAMILY PRESERVATION SERVICES PILOT PROGRAM
Sec. 262.401. DEFINITIONS. In this subchapter:
(1) "Child who is a candidate for foster care" means a
child who is at imminent risk of being removed from the child's home
and placed into the conservatorship of the department because of a
continuing danger to the child's physical health or safety caused
by an act or failure to act of a person entitled to possession of the
child but for whom a court of competent jurisdiction has issued an
order allowing the child to remain safely in the child's home or in
a kinship placement with the provision of family preservation
services.
(2) "Department" means the Department of Family and
Protective Services.
(3) "Family preservation service" means a
time-limited, family-focused service, including a service subject
to the Family First Prevention Services Act (Title VII, Div. E, Pub.
L. No. 115-123), provided to the family of a child who is:
(A) a candidate for foster care to prevent or
eliminate the need to remove the child and to allow the child to
remain safely with the child's family; or
(B) a pregnant or parenting foster youth.
(4) "Family preservation services plan" means a
written plan, based on a professional assessment, listing the
family preservation services, including services subject to the
Family First Prevention Services Act (Title VII, Div. E, Pub. L.
No. 115-123), to be provided to the family of a child who is:
(A) a candidate for foster care; or
(B) a pregnant or parenting foster youth.
(5) "Foster care" means substitute care as defined by
Section 263.001.
Sec. 262.402. PILOT PROGRAM FOR FAMILY PRESERVATION
SERVICES. (a) The department shall establish a pilot program that
allows the department to dispose of an investigation by referring
the family of a child who is a candidate for foster care for family
preservation services and allowing the child to return home instead
of entering foster care or by providing services to a pregnant or
parenting foster youth. The department shall implement the pilot
program in two child protective services regions in this state, one
urban and one rural.
(b) The pilot program must be implemented in at least one
child protective services region in this state in which
community-based care has been implemented under Subchapter B-1,
Chapter 264.
(c) In authorizing family preservation services for a child
who is a candidate for foster care, the child's safety is the
primary concern. The services may be modified as necessary to
accommodate the child's circumstances.
(d) In implementing the pilot program, the department shall
use:
(1) Title IV-E funds to:
(A) pay for legal representation for parents in
the manner provided by Section 107.015; or
(B) provide to counties a matching reimbursement
for the cost of the legal representation; and
(2) funds received under the Temporary Assistance for
Needy Families (TANF) program or other department funds to provide
enhanced in-home support services to families qualifying for
prevention services under this subchapter to achieve the objectives
in the family preservation services plan.
Sec. 262.403. COURT ORDER REQUIRED. (a) Subject to
Subsection (b), the department must obtain a court order from a
court of competent jurisdiction to compel the family of a child who
is a candidate for foster care to obtain family preservation
services and complete the family preservation services plan.
(b) The department is not required to obtain a court order
to provide family preservation services to a pregnant or parenting
foster youth.
Sec. 262.404. FILING SUIT; PETITION REQUIREMENTS. (a) The
department may file a suit requesting the court to render an order
requiring the parent, managing conservator, guardian, or other
member of the child's household to:
(1) participate in the family preservation services
for which the department makes a referral or services the
department provides or purchases to:
(A) alleviate the effects of the abuse or neglect
that has occurred;
(B) reduce a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the parent, managing conservator, guardian, or other member of the
child's household; or
(C) reduce a substantial risk of abuse or neglect
caused by an act or failure to act of the parent, managing
conservator, guardian, or other member of the child's household;
(2) permit the child and any siblings of the child to
receive the services; and
(3) complete all actions and services required under
the family preservation services plan.
(b) A suit requesting an order under this section may be
filed in a court with jurisdiction to hear the suit in the county in
which the child is located.
(c) Except as otherwise provided by this subchapter, the
suit is governed by the Texas Rules of Civil Procedure applicable to
the filing of an original lawsuit.
(d) The petition for suit must be supported by:
(1) a sworn affidavit based on personal knowledge and
stating facts sufficient to support a finding that:
(A) the child has been a victim of abuse or
neglect or is at substantial risk of abuse or neglect; and
(B) there is a continuing danger to the child's
physical health or safety caused by an act or failure to act of the
parent, managing conservator, guardian, or other member of the
child's household unless that person participates in family
preservation services requested by the department; and
(2) a safety risk assessment for the child that
documents:
(A) the process for the child to remain at home
with appropriate family preservation services instead of foster
care;
(B) the specific reasons the department should
provide family preservation services to the family; and
(C) the manner in which family preservation
services will mitigate the risk of the child entering foster care.
(e) In a suit filed under this section, the court may render
a temporary restraining order as provided by Section 105.001.
(f) The court shall hold a hearing on the petition not later
than the 14th day after the date the petition is filed unless the
court finds good cause for extending that date for not more than 14
days.
Sec. 262.405. AD LITEM APPOINTMENTS. (a) The court shall
appoint an attorney ad litem to represent the interests of the child
immediately after a suit is filed under Section 262.404 but before
the hearing to ensure adequate representation of the child. The
attorney ad litem for the child has the powers and duties of an
attorney ad litem for a child under Chapter 107.
(b) The court shall appoint an attorney ad litem to
represent the interests of a parent for whom participation in
family preservation services is being requested immediately after
the suit is filed but before the hearing to ensure adequate
representation of the parent. The attorney ad litem for the parent
has the powers and duties of an attorney ad litem for a parent under
Section 107.0131.
(c) Before the hearing commences, the court shall inform
each parent of:
(1) the parent's right to be represented by an
attorney; and
(2) for a parent who is indigent and appears in
opposition to the motion, the parent's right to a court-appointed
attorney.
(d) If a parent claims indigence, the court shall require
the parent to complete and file with the court an affidavit of
indigence. The court may consider additional evidence to determine
whether the parent is indigent, including evidence relating to the
parent's income, source of income, assets, property ownership,
benefits paid in accordance with a federal, state, or local public
assistance program, outstanding obligations, and necessary
expenses and the number and ages of the parent's dependents. If the
court finds the parent is indigent, the attorney ad litem appointed
to represent the interests of the parent may continue the
representation. If the court finds the parent is not indigent, the
court shall discharge the attorney ad litem from the appointment
after the hearing and order the parent to pay the cost of the
attorney ad litem's representation.
(e) The court may, for good cause shown, postpone any
subsequent proceedings for not more than seven days after the date
of the attorney ad litem's discharge to allow the parent to hire an
attorney or to provide the parent's attorney time to prepare for the
subsequent proceeding.
Sec. 262.406. COURT ORDER. (a) Except as provided by
Subsection (d), at the conclusion of the hearing in a suit filed
under Section 262.404, the court shall order the department to
provide family preservation services and to execute a family
preservation services plan developed in collaboration with the
family of the child who is a candidate for foster care if the court
finds sufficient evidence to satisfy a person of ordinary prudence
and caution that:
(1) abuse or neglect occurred or there is a
substantial risk of abuse or neglect or continuing danger to the
child's physical health or safety caused by an act or failure to act
of the parent, managing conservator, guardian, or other member of
the child's household;
(2) family preservation services are necessary to
ensure the child's physical health or safety; and
(3) family preservation services are appropriate
based on the child's safety risk assessment and the child's family
assessment.
(b) The court's order for family preservation services
must:
(1) identify and require specific services narrowly
tailored to address the factors that make the child a candidate for
foster care; and
(2) include a statement on whether the services to be
provided to the family are appropriate to address the factors that
place the child at risk of removal.
(c) The court may, in its discretion, order family
preservation services for a parent whose parental rights to another
child were previously terminated.
(d) If the court finds, by clear and convincing evidence,
that the parent has subjected the child to aggravated circumstances
described by Section 262.2015, the court may order that family
preservation services not be provided.
Sec. 262.407. FAMILY PRESERVATION SERVICES PLAN; CONTENTS.
(a) On order of the court under Section 262.406, the department in
consultation with the child's family shall develop a family
preservation services plan. The department and the family shall
discuss each term and condition of the plan.
(b) The family preservation services plan must be written in
a manner that is clear and understandable to the parent, managing
conservator, guardian, or other member of the child's household and
in a language the person understands.
(c) The family preservation services plan must:
(1) include a safety risk assessment of the child who
is the subject of the investigation and an assessment of the child's
family;
(2) state the reasons the department is involved with
the family;
(3) be narrowly tailored to address the specific
reasons the department is involved with the family and the factors
that make the child a candidate for foster care;
(4) list the specific family preservation services the
family will receive under the plan and identify the manner in which
those services will mitigate the child's specific risk factors and
allow the child to remain safely at home;
(5) specify the tasks the family must complete during
the effective period of the plan and include a schedule with
appropriate completion dates for those tasks; and
(6) include the name of the department or single
source continuum contractor representative who will serve as a
contact for the family in obtaining information related to the
plan.
(d) The family preservation services plan must include the
following statement:
"TO THE PARENT OF THE CHILD SERVED BY THIS PLAN: THIS
DOCUMENT IS VERY IMPORTANT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR
CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD
SPECIFIED IN THIS PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE
YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR CHILD MAY BE REMOVED FROM
YOU, AND YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
RESTRICTED OR TERMINATED. A COURT HEARING WILL BE HELD AT WHICH A
JUDGE WILL REVIEW THIS FAMILY PRESERVATION SERVICES PLAN."
Sec. 262.408. FAMILY PRESERVATION SERVICES PLAN: SIGNING
AND EFFECT. (a) The family of a child who is a candidate for foster
care and the department shall sign the family preservation services
plan, and the department shall submit a copy of the signed plan to
the court for review.
(b) If the family is unwilling to participate in the
development of the family preservation services plan, the
department may submit the plan to the court without the parents'
signatures.
(c) The family preservation services plan takes effect on
the date the court certifies that the plan complies with the court's
order for family preservation services and is narrowly tailored to
address the factors that make the child a candidate for foster care.
The court may hold a hearing to review the plan for compliance.
(d) The family preservation services plan remains in effect
until:
(1) the 180th day after the date the court's order for
family preservation services is signed, unless renewed by an order
of the court; or
(2) the date the plan is amended or revoked by the
court.
(e) A person subject to the family preservation services
plan may file a motion with the court at any time to request a
modification or revocation of the original or any amended plan.
Sec. 262.409. AMENDED FAMILY PRESERVATION SERVICES PLAN.
(a) A family preservation services plan may be amended at any time.
The department or single source continuum contractor and the
parents of a child who is a candidate for foster care shall jointly
develop any amendment to the plan. The department or contractor
must inform the parents of their rights related to the amended
family preservation services plan process.
(b) The parents and the person preparing the amended family
preservation services plan shall sign the amended plan, and the
department or single source continuum contractor shall submit the
amended plan to the court for review.
(c) If the parents are unwilling to participate in the
development of the amended family preservation services plan, the
department or single source continuum contractor may submit the
amended plan to the court without the parents' signatures.
(d) The amended family preservation services plan takes
effect on the date the court certifies that the amended plan
complies with the court's order for family preservation services
and is narrowly tailored to address the factors that make the child
a candidate for foster care. The court may hold a hearing to review
the amended plan for compliance.
(e) The amended family preservation services plan is in
effect until:
(1) the 180th day after the date the court's order for
family preservation services is signed, unless renewed by an order
of the court; or
(2) the date the amended plan is modified or revoked by
the court.
Sec. 262.410. COURT IMPLEMENTATION OF FAMILY PRESERVATION
SERVICES PLAN. (a) After reviewing and certifying an original or
any amended family preservation services plan, the court shall
incorporate the original and any amended plan into the court's
order and may render additional appropriate orders to implement or
require compliance with an original or amended plan.
(b) In rendering an order, a court may omit any service
prescribed under the family preservation services plan that the
court finds is not appropriate or is not narrowly tailored to
address the factors that make the child a candidate for foster care
and place the child at risk of removal.
Sec. 262.411. SELECTION OF SERVICE PROVIDER. (a) A parent,
managing conservator, guardian, or other member of a household
ordered to participate in family preservation services under this
subchapter may obtain those services from a qualified or licensed
provider selected by the person.
(b) Services provided by a provider selected under
Subsection (a) must be similar in scope and duration to services
described by the family preservation services plan adopted under
Section 262.407 and achieve the stated goals of the service plan.
The service provider must certify in writing that the parent,
managing conservator, guardian, or other member of a household
completed the services.
(c) A parent, managing conservator, guardian, or other
member of a household who obtains family preservation services from
a provider selected by the person is responsible for the cost of
those services.
(d) A parent, managing conservator, guardian, or other
member of a household who successfully completes the required
family preservation services must obtain verification from the
service provider of that completion. The department shall accept
the service provider's verification provided under this subsection
as proof that the person successfully completed the court-ordered
family preservation services.
Sec. 262.412. STATUS HEARING. Not later than the 90th day
after the date the court renders an order for family preservation
services under this subchapter, the court shall hold a hearing to
review the status of each person required to participate in the
services and of the child and to review the services provided,
purchased, or referred. The court shall set subsequent review
hearings every 90 days to review the continued need for the order.
Sec. 262.413. EXTENSION OF ORDER. (a) The court may extend
an order for family preservation services rendered under this
subchapter on a showing by the department of a continuing need for
the order, after notice and hearing. Except as provided by
Subsection (b), the court may extend the order only one time for not
more than 180 days.
(b) The court may extend an order rendered under this
subchapter for not more than an additional 180 days only if:
(1) the court finds that:
(A) the extension is necessary to allow the
person required to participate in family preservation services
under the family preservation services plan time to complete those
services;
(B) the department made a good faith effort to
timely provide the services to the person;
(C) the person made a good faith effort to
complete the services; and
(D) the completion of the services is necessary
to ensure the physical health and safety of the child; and
(2) the extension is requested by the person required
to participate in family preservation services under the family
preservation services plan or the person's attorney.
Sec. 262.414. EXPIRATION OF ORDER. On expiration of a court
order for family preservation services under this subchapter, the
court shall dismiss the case.
Sec. 262.415. CONTRACT FOR SERVICES. (a) The department
may contract with one or more persons to provide family
preservation services under the pilot program. In a child
protective services region in this state in which community-based
care under Subchapter B-1, Chapter 264, has been implemented and in
which the pilot program is implemented, the department may contract
with the single source continuum contractor to provide family
preservation services under the pilot program.
(b) The contract with the person selected to provide family
preservation services must include performance-based measures that
require the person to show that as a result of the services:
(1) fewer children enter foster care in the pilot
program region in comparison to other regions of this state;
(2) fewer children are removed from their families
after receiving the services in the pilot program region in
comparison to other regions of this state; and
(3) fewer children enter foster care in the five years
following completion of the services in the pilot program region in
comparison to other regions of this state.
(c) The department shall collaborate with a person selected
to provide family preservation services to identify children who
are candidates for foster care or who are pregnant or parenting
foster youth and to ensure that the services are appropriate for
children referred by the department.
Sec. 262.416. LIMIT ON FINANCE OF SERVICES. If a court
order for services under this subchapter includes services that are
not subject to the Family First Prevention Services Act (Title VII,
Div. E., Pub. L. No. 115-123), the order must identify a method of
financing for the services and the local jurisdiction that will pay
for the services.
Sec. 262.417. REPORT TO LEGISLATURE. (a) Not later than the
first anniversary of the date the department commences a pilot
program under this subchapter and every two years after that date,
the department shall contract with an entity based in this state
that is independent of the department and has demonstrated
expertise in statistical, financial, logistical, and operational
analysis to evaluate the implementation of the pilot program under
this subchapter, assess its progress, and report its findings to
the appropriate standing committees of the legislature having
jurisdiction over child protective services and foster care
matters. The report must include:
(1) a detailed description of the actions taken by the
department to ensure the successful implementation of the pilot
program;
(2) a detailed analysis of the role each of the
following entities has in the pilot program:
(A) the courts;
(B) legal representatives;
(C) the investigations division of the
department; and
(D) the department or other entity implementing
the pilot program;
(3) an analysis of any barrier to the successful
implementation of the pilot program and recommendations for
overcoming those barriers;
(4) data on the performance-based outcomes described
by Subsection (b) and achieved in the child protective services
region in which the pilot program is implemented;
(5) a detailed comparison of outcomes achieved in the
child protective services region in which the pilot program is
implemented with outcomes achieved in other child protective
services regions;
(6) a detailed description of the costs of the pilot
program and services provided; and
(7) recommendations on whether to expand services
described in this subchapter to other child protective services
regions in this state based on the outcomes and performance of the
pilot program.
(b) Performance-based outcomes for evaluating the pilot
program must include:
(1) the number of children served;
(2) the number of families served;
(3) the percentage of children who do not have a
reported finding of abuse, neglect, or exploitation;
(4) the percentage of children served who did not
enter foster care at case closure;
(5) the percentage of children served who did not
enter foster care within six months and one year of the date the
case was closed;
(6) the number of families who received family
preservation services under the pilot program for whom the
department opens an investigation of abuse or neglect involving the
family before the second anniversary of the date the case was
closed; and
(7) the average length of time services are provided
from the entry of an order for family preservation services to case
dismissal.
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 [reasonably] tailored to
address any specific issues identified by the department; and
(4) the child's parents and the representative of the
department have signed the plan.
SECTION 4. Subchapter C, Chapter 264, Family Code, is
amended by adding Section 264.2031 to read as follows:
Sec. 264.2031. SELECTION OF SERVICE PROVIDER. (a) A
parent, managing conservator, guardian, or other member of a
household ordered to participate in services under Section
264.203(a) may obtain those services from a qualified provider
selected by the person.
(b) A parent, managing conservator, guardian, or other
member of a household who obtains services from a provider selected
by the person is responsible for the cost of those services.
(c) A parent, managing conservator, guardian, or other
member of a household who successfully completes the services
ordered under Section 264.203(a) must obtain verification from the
service provider of that completion. The department shall accept
the service provider's verification provided under this subsection
as proof that the person successfully completed the court-ordered
services.
SECTION 5. The changes in law made by this Act to Section
262.1095, Family Code, 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 governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3041 was passed by the House on April
28, 2021, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3041 was passed by the Senate on May
19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor