Bill Text: TX HB3530 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to encouraging age-appropriate normalcy activities for children in the managing conservatorship of the state.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-15 - Laid on the table subject to call [HB3530 Detail]
Download: Texas-2015-HB3530-Comm_Sub.html
84R26127 T | |||
By: Dukes, Naishtat, Riddle, Burkett | H.B. No. 3530 | ||
Substitute the following for H.B. No. 3530: | |||
By: Dutton | C.S.H.B. No. 3530 |
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relating to encouraging age-appropriate normalcy activities for | ||
children in the managing conservatorship of the state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 263.001(a), Family Code, is amended by | ||
amending Subdivision (1-a) and adding Subdivision (1-b) to read as | ||
follows: | ||
(1-a) "Age-appropriate normalcy activity" has the | ||
meaning assigned by Section 264.001. | ||
(1-b) "Department" means the Department of Family and | ||
Protective Services. | ||
SECTION 2. Section 263.306, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In addition to the requirements of Subsection (a), at | ||
each permanency hearing the court shall review the department's | ||
efforts to ensure that the child has regular, ongoing opportunities | ||
to engage in age-appropriate normalcy activities, including | ||
activities not listed in the child's service plan. | ||
SECTION 3. Section 263.503, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In addition to the requirements of Subsection (a), at | ||
each placement review hearing the court shall review the | ||
department's efforts to ensure that the child has regular, ongoing | ||
opportunities to engage in age-appropriate normalcy activities, | ||
including activities not listed in the child's service plan. | ||
SECTION 4. Section 264.001, Family Code, is amended by | ||
amending Subdivision (1) and adding Subdivisions (1-a) and (5) to | ||
read as follows: | ||
(1) "Age-appropriate normalcy activity" means an | ||
activity or experience: | ||
(A) that is generally accepted as suitable for a | ||
child's age or level of maturity or that is determined to be | ||
developmentally appropriate for a child based on the development of | ||
cognitive, emotional, physical, and behavioral capacities that are | ||
typical for the age or age group; and | ||
(B) in which a child who is not in the | ||
conservatorship of the state is generally allowed to participate, | ||
including extracurricular activities, in-school and out-of-school | ||
social activities, cultural and enrichment activities, and | ||
employment opportunities. | ||
(1-a) "Department" means the Department of Family and | ||
Protective Services. | ||
(5) "Standard of care of a reasonable and prudent | ||
parent" means the standard of care that a parent of reasonable | ||
judgment, skill, and caution would exercise in addressing the | ||
health, safety, and welfare of a child while encouraging the | ||
emotional and developmental growth of the child, taking into | ||
consideration: | ||
(A) the overall health and safety of the child; | ||
(B) the child's age, maturity, and development | ||
level; | ||
(C) the best interest of the child based on the | ||
caregiver's knowledge of the child; | ||
(D) the appropriateness of a proposed activity | ||
and any potential risk factors; | ||
(E) the behavioral history of the child and the | ||
child's ability to safely participate in a proposed activity; | ||
(F) the importance of encouraging the child's | ||
social, emotional, and developmental growth; and | ||
(G) the importance of providing the child with | ||
the most family-like living experience possible. | ||
SECTION 5. The heading to Section 264.114, Family Code, is | ||
amended to read as follows: | ||
Sec. 264.114. IMMUNITY FROM LIABILITY; ADVERSE | ||
DEPARTMENTAL ACTION PROHIBITED. | ||
SECTION 6. Section 264.114, Family Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) A foster parent, other substitute caregiver, family | ||
relative or other designated caregiver, or licensed child placing | ||
agency caring for a child in the managing conservatorship of the | ||
department is not liable for harm caused to the child resulting from | ||
the child's participation in an age-appropriate normalcy activity | ||
approved by the caregiver if, in approving the child's | ||
participation in the activity, the caregiver exercised the standard | ||
of care of a reasonable and prudent parent. | ||
(d) A licensed child placing agency is not subject to | ||
adverse action by the department, including contractual action or | ||
licensing or other regulatory action, arising out of the conduct of | ||
a foster parent who has exercised the standard of care of a | ||
reasonable and prudent parent. | ||
SECTION 7. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.125 to read as follows: | ||
Sec. 264.125. AGE-APPROPRIATE NORMALCY ACTIVITIES; | ||
STANDARD OF CARE. (a) The department shall use its best efforts to | ||
normalize the lives of children in the managing conservatorship of | ||
the department by allowing substitute caregivers, without the | ||
department's prior approval, to make decisions similar to those a | ||
parent would be entitled to make regarding a child's participation | ||
in age-appropriate normalcy activities. | ||
(b) In determining whether to allow a child in the managing | ||
conservatorship of the department to participate in an activity, a | ||
substitute caregiver must exercise the standard of care of a | ||
reasonable and prudent parent. | ||
(c) The department shall adopt and implement policies | ||
consistent with this section promoting a substitute caregiver's | ||
ability to make decisions described by Subsection (a). The | ||
department shall identify and review any departmental policy or | ||
procedure that may impede a substitute caregiver's ability to make | ||
such decisions. | ||
(d) The department shall require licensed child placing | ||
agency personnel, residential child care licensing staff, | ||
conservatorship caseworkers, and other persons as may be determined | ||
by the department to complete a course of training regarding: | ||
(1) the importance of a child's participation in | ||
age-appropriate normalcy activities and the benefits of such | ||
activities to a child's well-being, mental health, and social, | ||
emotional, and developmental growth; and | ||
(2) substitute caregiver decision-making under the | ||
standard of care of a reasonable and prudent parent. | ||
SECTION 8. The changes in law made by this Act to Sections | ||
263.306 and 263.503, Family Code, apply only to a permanency | ||
hearing or a placement review hearing conducted under Chapter 263, | ||
Family Code, on or after the effective date of this Act. A | ||
permanency hearing or a placement review hearing conducted before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the hearing was conducted, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 9. This Act takes effect September 1, 2015. |