Bill Text: TX HB3041 | 2021-2022 | 87th Legislature | Enrolled
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
H.B. No. 3041 |
|
||
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 [ |
||
to the individual that may be lost if the individual fails to | ||
respond in a timely manner; [ |
||
(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 [ |
||
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 |