Bill Text: TX HB3245 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to eliminating the court appointed advocates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-19 - Referred to Juvenile Justice & Family Issues [HB3245 Detail]
Download: Texas-2021-HB3245-Introduced.html
87R11556 MCK-D | ||
By: Dutton | H.B. No. 3245 |
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relating to eliminating the court appointed advocates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.0151(e), Education Code, is amended | ||
to read as follows: | ||
(e) The district may appoint a person who has been appointed | ||
to serve as a child's guardian ad litem [ |
||
SECTION 2. Section 107.001(5), Family Code, is amended to | ||
read as follows: | ||
(5) "Guardian ad litem" means a person appointed to | ||
represent the best interests of a child. The term includes: | ||
(A) [ |
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[ |
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holds a relevant professional license and whose training relates to | ||
the determination of a child's best interests; | ||
(B) [ |
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training, and expertise determined by the court to be sufficient to | ||
represent the best interests of the child; or | ||
(C) [ |
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in the dual role. | ||
SECTION 3. Section 107.011(b), Family Code, is amended to | ||
read as follows: | ||
(b) The guardian ad litem appointed for a child under this | ||
section may be: | ||
(1) [ |
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[ |
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expertise determined by the court to be sufficient to represent the | ||
best interests of the child; or | ||
(2) [ |
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SECTION 4. Section 107.022, Family Code, is amended to read | ||
as follows: | ||
Sec. 107.022. CERTAIN PROHIBITED APPOINTMENTS. In a suit | ||
other than a suit filed by a governmental entity requesting | ||
termination of the parent-child relationship or appointment of the | ||
entity as conservator of the child, the court may not appoint[ |
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[ |
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[ |
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SECTION 5. Section 107.023(a), Family Code, is amended to | ||
read as follows: | ||
(a) In a suit other than a suit filed by a governmental | ||
entity requesting termination of the parent-child relationship or | ||
appointment of the entity as conservator of the child, in addition | ||
to the attorney's fees that may be awarded under Chapter 106, the | ||
following persons are entitled to reasonable fees and expenses in | ||
an amount set by the court and ordered to be paid by one or more | ||
parties to the suit: | ||
(1) an attorney appointed as an amicus attorney or as | ||
an attorney ad litem for the child; and | ||
(2) a professional who holds a relevant professional | ||
license and who is appointed as guardian ad litem for the child[ |
||
SECTION 6. Section 202.002(a), Family Code, is amended to | ||
read as follows: | ||
(a) A friend of the court may coordinate nonjudicial efforts | ||
to improve compliance with a court order relating to child support | ||
or possession of or access to a child by use of: | ||
(1) telephone communication; | ||
(2) written communication; | ||
(3) [ |
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[ |
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(4) [ |
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resolution methods under Chapter 154, Civil Practice and Remedies | ||
Code; | ||
(5) [ |
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(6) [ |
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(7) [ |
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and any similar resources to ensure that both parents can meet their | ||
financial obligations to the child. | ||
SECTION 7. Section 263.0021(b), Family Code, is amended to | ||
read as follows: | ||
(b) The following persons are entitled to at least 10 days' | ||
notice of a hearing under this chapter and are entitled to present | ||
evidence and be heard at the hearing: | ||
(1) the department; | ||
(2) the foster parent, preadoptive parent, relative of | ||
the child providing care, or director or director's designee of the | ||
group home or general residential operation where the child is | ||
residing; | ||
(3) each parent of the child; | ||
(4) the managing conservator or guardian of the child; | ||
(5) an attorney ad litem appointed for the child under | ||
Chapter 107, if the appointment was not dismissed in the final | ||
order; | ||
(6) a guardian ad litem appointed for the child under | ||
Chapter 107, if the appointment was not dismissed in the final | ||
order; | ||
(7) [ |
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[ |
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(A) the child is 10 years of age or older; or | ||
(B) the court determines it is appropriate for | ||
the child to receive notice; and | ||
(8) [ |
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court to have an interest in the child's welfare. | ||
SECTION 8. Section 263.0025(e), Family Code, is amended to | ||
read as follows: | ||
(e) The court may appoint a child's guardian ad litem [ |
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SECTION 9. Section 263.008(b), Family Code, is amended to | ||
read as follows: | ||
(b) It is the policy of this state that each child in foster | ||
care be informed of the child's rights provided by state or federal | ||
law or policy that relate to: | ||
(1) abuse, neglect, exploitation, discrimination, and | ||
harassment; | ||
(2) food, clothing, shelter, and education; | ||
(3) medical, dental, vision, and mental health | ||
services, including the right of the child to consent to treatment; | ||
(4) emergency behavioral intervention, including what | ||
methods are permitted, the conditions under which it may be used, | ||
and the precautions that must be taken when administering it; | ||
(5) placement with the child's siblings and contact | ||
with members of the child's family; | ||
(6) privacy and searches, including the use of storage | ||
space, mail, and the telephone; | ||
(7) participation in school-related extracurricular | ||
or community activities; | ||
(8) interaction with persons outside the foster care | ||
system, including teachers, church members, mentors, and friends; | ||
(9) contact and communication with caseworkers, | ||
attorneys ad litem, and guardians ad litem[ |
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(10) religious services and activities; | ||
(11) confidentiality of the child's records; | ||
(12) job skills, personal finances, and preparation | ||
for adulthood; | ||
(13) participation in a court hearing that involves | ||
the child; | ||
(14) participation in the development of service and | ||
treatment plans; | ||
(15) if the child has a disability, the advocacy and | ||
protection of the rights of a person with that disability; and | ||
(16) any other matter affecting the child's ability to | ||
receive care and treatment in the least restrictive environment | ||
that is most like a family setting, consistent with the best | ||
interests and needs of the child. | ||
SECTION 10. Section 263.303(a), Family Code, is amended to | ||
read as follows: | ||
(a) Not later than the 10th day before the date set for each | ||
permanency hearing before a final order is rendered, the department | ||
shall file with the court and provide to each party, the child's | ||
attorney ad litem, and the child's guardian ad litem[ |
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court orders a different period for providing the report. | ||
SECTION 11. Section 263.602(d), Family Code, is amended to | ||
read as follows: | ||
(d) Notice of an extended foster care review hearing shall | ||
be given as provided by Rule 21a, Texas Rules of Civil Procedure, to | ||
the following persons, each of whom has a right to present evidence | ||
and be heard at the hearing: | ||
(1) the young adult who is the subject of the suit; | ||
(2) the department; | ||
(3) the foster parent with whom the young adult is | ||
placed and the administrator of a child-placing agency responsible | ||
for placing the young adult, if applicable; | ||
(4) the director of the residential child-care | ||
facility or other approved provider with whom the young adult is | ||
placed, if applicable; | ||
(5) each parent of the young adult whose parental | ||
rights have not been terminated and who is still actively involved | ||
in the life of the young adult; | ||
(6) a legal guardian of the young adult, if | ||
applicable; and | ||
(7) the young adult's attorney ad litem and[ |
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guardian ad litem[ |
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which has not been previously dismissed by the court. | ||
SECTION 12. Section 263.605, Family Code, is amended to | ||
read as follows: | ||
Sec. 263.605. CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY | ||
AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE. A court with | ||
extended jurisdiction under this subchapter may continue or renew | ||
the appointment of an attorney ad litem or[ |
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accessing services the young adult is entitled to receive from the | ||
department or any other public or private service provider. | ||
SECTION 13. Section 264.015(c), Family Code, is amended to | ||
read as follows: | ||
(c) To the extent that resources are available, the | ||
department shall assist the following entities in developing | ||
training in trauma-informed programs and services and in locating | ||
money and other resources to assist the entities in providing | ||
trauma-informed programs and services: | ||
(1) [ |
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[ |
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(2) [ |
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created under Section 534.001, Health and Safety Code; and | ||
(3) [ |
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SECTION 14. Sections 264.018(e) and (f), Family Code, are | ||
amended to read as follows: | ||
(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; and | ||
(4) [ |
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[ |
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agency responsible for placing the child or the licensed | ||
administrator's designee. | ||
(f) Except as provided by Subsection (d-1), 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) [ |
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[ |
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agency responsible for placing the child or the licensed | ||
administrator's designee; | ||
(5) [ |
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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 | ||
(6) [ |
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have an interest in the child's welfare. | ||
SECTION 15. Section 264.107(e), Family Code, is amended to | ||
read as follows: | ||
(e) In making placement decisions, the department shall: | ||
(1) except when making an emergency placement that | ||
does not allow time for the required consultations, consult with | ||
the child's caseworker, attorney ad litem, and guardian ad litem | ||
[ |
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and | ||
(2) use clinical protocols to match a child to the most | ||
appropriate placement resource. | ||
SECTION 16. Section 264.1213, Family Code, is amended to | ||
read as follows: | ||
Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT | ||
OF FOSTER CARE. The department in cooperation with [ |
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procedures to ensure that a foster child obtains a driver's license | ||
or personal identification card before the child leaves the | ||
conservatorship of the department. | ||
SECTION 17. Section 264.1261(b), Family Code, as added by | ||
Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular | ||
Session, 2017, is amended to read as follows: | ||
(b) Appropriate department management personnel from a | ||
child protective services region in which community-based care has | ||
not been implemented, in collaboration with foster care providers | ||
and[ |
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shall use data collected by the department on foster care capacity | ||
needs and availability of each type of foster care and kinship | ||
placement in the region to create a plan to address the substitute | ||
care capacity needs in the region. The plan must identify both | ||
short-term and long-term goals and strategies for addressing those | ||
capacity needs. | ||
SECTION 18. Section 264.155, Family Code, is amended to | ||
read as follows: | ||
Sec. 264.155. REQUIRED CONTRACT PROVISIONS. A contract | ||
with a single source continuum contractor to provide | ||
community-based care services in a catchment area must include | ||
provisions that: | ||
(1) establish a timeline for the implementation of | ||
community-based care in the catchment area, including a timeline | ||
for implementing: | ||
(A) case management services for children, | ||
families, and relative and kinship caregivers receiving services in | ||
the catchment area; and | ||
(B) family reunification support services to be | ||
provided after a child receiving services from the contractor is | ||
returned to the child's family; | ||
(2) establish conditions for the single source | ||
continuum contractor's access to relevant department data and | ||
require the participation of the contractor in the data access and | ||
standards governance council created under Section 264.159; | ||
(3) require the single source continuum contractor to | ||
create a single process for the training and use of alternative | ||
caregivers for all child-placing agencies in the catchment area to | ||
facilitate reciprocity of licenses for alternative caregivers | ||
between agencies, including respite and overnight care providers, | ||
as those terms are defined by department rule; | ||
(4) require the single source continuum contractor to | ||
maintain a diverse network of service providers that offer a range | ||
of foster capacity options and that can accommodate children from | ||
diverse cultural backgrounds; | ||
(5) allow the department to conduct a performance | ||
review of the contractor beginning 18 months after the contractor | ||
has begun providing case management and family reunification | ||
support services to all children and families in the catchment area | ||
and determine if the contractor has achieved any performance | ||
outcomes specified in the contract; | ||
(6) following the review under Subdivision (5), allow | ||
the department to: | ||
(A) impose financial penalties on the contractor | ||
for failing to meet any specified performance outcomes; or | ||
(B) award financial incentives to the contractor | ||
for exceeding any specified performance outcomes; | ||
(7) require the contractor to give preference for | ||
employment to employees of the department: | ||
(A) whose position at the department is impacted | ||
by the implementation of community-based care; and | ||
(B) who are considered by the department to be | ||
employees in good standing; | ||
(8) require the contractor to provide preliminary and | ||
ongoing community engagement plans to ensure communication and | ||
collaboration with local stakeholders in the catchment area, | ||
including any of the following: | ||
(A) community faith-based entities; | ||
(B) the judiciary; | ||
(C) [ |
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[ |
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(D) [ |
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(E) [ |
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(F) [ |
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(G) [ |
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(H) [ |
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(I) [ |
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(J) [ |
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(K) [ |
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involved in suits filed by the department; and | ||
(L) [ |
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by the contractor; and | ||
(9) require that the contractor comply with any | ||
applicable court order issued by a court of competent jurisdiction | ||
in the case of a child for whom the contractor has assumed case | ||
management responsibilities or an order imposing a requirement on | ||
the department that relates to functions assumed by the contractor. | ||
SECTION 19. Section 264.408(a), Family Code, is amended to | ||
read as follows: | ||
(a) The files, reports, records, communications, and | ||
working papers used or developed in providing services under this | ||
chapter are confidential and not subject to public release under | ||
Chapter 552, Government Code, and may only be disclosed for | ||
purposes consistent with this chapter. Disclosure may be made to: | ||
(1) the department, department employees, law | ||
enforcement agencies, prosecuting attorneys, medical | ||
professionals, and other state or local agencies that provide | ||
services to children and families; and | ||
(2) the attorney for the alleged victim who is the | ||
subject of the records [ |
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SECTION 20. Section 36.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 36.003. EXEMPTION. The reporting requirements of | ||
Section 36.004 do not apply to: | ||
(1) a mediation conducted by an alternative dispute | ||
resolution system established under Chapter 152, Civil Practice and | ||
Remedies Code; | ||
(2) information made confidential under state or | ||
federal law, including applicable rules; | ||
(3) a guardian ad litem [ |
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(4) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator appointed under a domestic relations office | ||
established under Chapter 203, Family Code; | ||
(5) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services without expectation or | ||
receipt of compensation; or | ||
(6) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services as a volunteer of a | ||
nonprofit organization that provides pro bono legal services to the | ||
indigent. | ||
SECTION 21. Section 37.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 37.002. EXEMPTION. The appointment requirements of | ||
Section 37.004 do not apply to: | ||
(1) a mediation conducted by an alternative dispute | ||
resolution system established under Chapter 152, Civil Practice and | ||
Remedies Code; | ||
(2) a guardian ad litem [ |
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(3) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator appointed under a domestic relations office | ||
established under Chapter 203, Family Code; | ||
(4) a person other than an attorney or a private | ||
professional guardian appointed to serve as a guardian as defined | ||
by Section 1002.012, Estates Code; | ||
(5) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services without expectation or | ||
receipt of compensation; or | ||
(6) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services as a volunteer of a | ||
nonprofit organization that provides pro bono legal services to the | ||
indigent. | ||
SECTION 22. Section 497.012(b), Government Code, is amended | ||
to read as follows: | ||
(b) If the department determines that it is economically | ||
feasible, the department shall repair or refurbish the surplus or | ||
salvage data processing equipment. The department shall sell the | ||
repaired or refurbished data processing equipment, in the following | ||
order of preference, to: | ||
(1) a school district; | ||
(2) a state agency; or | ||
(3) a political subdivision of the state[ |
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[ |
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SECTION 23. Section 40.021(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) The council is composed of nine members of the public | ||
appointed by the governor. In making appointments to the council, | ||
the governor shall consider persons who have a demonstrated | ||
knowledge of the department and the health and human services | ||
system in general, including former department employees, | ||
[ |
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employees of child advocacy centers. | ||
SECTION 24. Section 244.0105(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) Not later than the 10th day before the date of a | ||
permanency hearing under Subchapter D, Chapter 263, Family Code, or | ||
Subchapter F, Chapter 263, Family Code, regarding a child for whom | ||
the Department of Family and Protective Services has been appointed | ||
managing conservator, a department caseworker shall submit a | ||
written report regarding the child's commitment to the department | ||
to: | ||
(1) the court; | ||
(2) the Department of Family and Protective Services; | ||
and | ||
(3) any attorney ad litem or guardian ad litem | ||
appointed for the child[ |
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[ |
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SECTION 25. 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 and[ |
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guardian ad litem[ |
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(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 26. Section 244.052(c), Human Resources Code, is | ||
amended to read as follows: | ||
(c) The department shall on a quarterly basis provide to the | ||
parent or[ |
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the custody of the department a report concerning the progress of | ||
the child at the department, including: | ||
(1) the academic and behavioral progress of the child; | ||
and | ||
(2) the results of any reexamination of the child | ||
conducted under Section 244.002. | ||
SECTION 27. Section 245.103(d), Human Resources Code, is | ||
amended to read as follows: | ||
(d) The department shall provide a report to the parent | ||
or[ |
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stay is extended under Section 245.102 explaining the panel's | ||
reason for the extension. | ||
SECTION 28. Section 245.104(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) The process to request reconsideration must provide | ||
that: | ||
(1) a child, a parent or[ |
||
provides volunteer services at a department facility may submit a | ||
request for reconsideration of an extension order; | ||
(2) the person submitting the request for | ||
reconsideration of an extension order must state in the request the | ||
reason for the request; | ||
(3) after receiving a request for reconsideration of | ||
an extension order, the panel shall reconsider an extension order | ||
that: | ||
(A) extends the child's stay in the custody of | ||
the department by six months or more; or | ||
(B) combined with previous extension orders will | ||
result in an extension of the child's stay in the custody of the | ||
department by six months or more; | ||
(4) the panel's reconsideration of an extension order | ||
includes consideration of the information submitted in the request; | ||
and | ||
(5) the panel shall send a written reply to the child, | ||
the parent or[ |
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and the person who made the request for reconsideration of an | ||
extension order that includes an explanation of the panel's | ||
decision after reconsidering the extension order, including an | ||
indication that the panel has considered the information submitted | ||
in the request. | ||
SECTION 29. The following provisions are repealed: | ||
(1) Subchapter C, Chapter 107, Family Code; | ||
(2) Section 264.1261(b), Family Code, as added by | ||
Chapter 822 (H.B. 1549), Acts of the 85th Legislature, Regular | ||
Session, 2017; | ||
(3) Subchapter G, Chapter 264, Family Code; and | ||
(4) Section 504.611, Transportation Code. | ||
SECTION 30. This Act takes effect September 1, 2021. |