Bill Text: TX HB3561 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to assistance for foster children, homeless children or youth, and unaccompanied youth.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-12 - Returned to Local & Consent Calendars Comm. [HB3561 Detail]
Download: Texas-2017-HB3561-Introduced.html
Bill Title: Relating to assistance for foster children, homeless children or youth, and unaccompanied youth.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-12 - Returned to Local & Consent Calendars Comm. [HB3561 Detail]
Download: Texas-2017-HB3561-Introduced.html
85R6779 MCK-D | ||
By: Klick | H.B. No. 3561 |
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relating to assistance for foster children, homeless children or | ||
youth, and unaccompanied youth. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.0491, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR | ||
INDIGENT DEFENDANTS AND CHILDREN. (a) A municipal court, | ||
regardless of whether the court is a court of record, or a justice | ||
court may waive payment of a fine or costs imposed on a defendant | ||
who defaults in payment if the court determines that: | ||
(1) the defendant is indigent or was, at the time the | ||
offense was committed, a child as defined by Article 45.058(h); and | ||
(2) discharging the fine and costs under Article | ||
45.049 or as otherwise authorized by this chapter would impose an | ||
undue hardship on the defendant. | ||
(b) A defendant is presumed to be indigent if the defendant: | ||
(1) is in the conservatorship of the Department of | ||
Family and Protective Services or was in the conservatorship of the | ||
Department of Family and Protective Services at the time of the | ||
offense; or | ||
(2) is designated as a homeless child or youth or an | ||
unaccompanied youth as those terms are defined by 42 U.S.C. Section | ||
11434a or was designated as a homeless child or youth or an | ||
unaccompanied youth as those terms are defined by 42 U.S.C. Section | ||
11434a at the time of the offense. | ||
SECTION 2. Section 107.002(b-1), Family Code, is amended to | ||
read as follows: | ||
(b-1) In addition to the duties required by Subsection (b), | ||
a guardian ad litem appointed for a child in a proceeding under | ||
Chapter 262 or 263 shall: | ||
(1) review the medical care provided to the child; | ||
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(2) in a developmentally appropriate manner, seek to | ||
elicit the child's opinion on the medical care provided; and | ||
(3) for a child at least 16 years of age ascertain | ||
whether the child has received the following documents: | ||
(A) a certified copy of the child's birth | ||
certificate; | ||
(B) a social security card or a replacement | ||
social security card; | ||
(C) a driver's license or personal | ||
identification certificate under Chapter 521, Transportation Code; | ||
and | ||
(D) any other personal document the Department of | ||
Family and Protective Services determines appropriate. | ||
SECTION 3. Section 107.003(b), Family Code, is amended to | ||
read as follows: | ||
(b) In addition to the duties required by Subsection (a), an | ||
attorney ad litem appointed for a child in a proceeding under | ||
Chapter 262 or 263 shall: | ||
(1) review the medical care provided to the child; | ||
(2) in a developmentally appropriate manner, seek to | ||
elicit the child's opinion on the medical care provided; and | ||
(3) for a child at least 16 years of age: | ||
(A)[ |
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request the court to authorize the child to consent to the child's | ||
own medical care under Section 266.010; and | ||
(B) ascertain whether the child has received the | ||
following documents: | ||
(i) a certified copy of the child's birth | ||
certificate; | ||
(ii) a social security card or a | ||
replacement social security card; | ||
(iii) a driver's license or personal | ||
identification certificate under Chapter 521, Transportation Code; | ||
and | ||
(iv) any other personal document the | ||
Department of Family and Protective Services determines | ||
appropriate. | ||
SECTION 4. Sections 263.306(a-1) and (c), Family Code, are | ||
amended to read as follows: | ||
(a-1) At each permanency hearing before a final order is | ||
rendered, the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in: | ||
(A) locating and requesting service of citation | ||
on all persons entitled to service of citation under Section | ||
102.009; and | ||
(B) obtaining the assistance of a parent in | ||
providing information necessary to locate an absent parent, alleged | ||
father, or relative of the child; | ||
(3) ask all parties present whether the child or the | ||
child's family has a Native American heritage and identify any | ||
Native American tribe with which the child may be associated; | ||
(4) review the extent of the parties' compliance with | ||
temporary orders and the service plan and the extent to which | ||
progress has been made toward alleviating or mitigating the causes | ||
necessitating the placement of the child in foster care; | ||
(5) [ |
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determine: | ||
(A) the safety and well-being of the child and | ||
whether the child's needs, including any medical or special needs, | ||
are being adequately addressed; | ||
(B) the continuing necessity and appropriateness | ||
of the placement of the child, including with respect to a child who | ||
has been placed outside of this state, whether the placement | ||
continues to be in the best interest of the child; | ||
(C) the appropriateness of the primary and | ||
alternative permanency goals for the child developed in accordance | ||
with department rule and whether the department has made reasonable | ||
efforts to finalize the permanency plan, including the concurrent | ||
permanency goals, in effect for the child; | ||
(D) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to express | ||
the child's opinion on any medical care provided; | ||
(E) for a child receiving psychotropic | ||
medication, whether the child: | ||
(i) has been provided appropriate | ||
nonpharmacological interventions, therapies, or strategies to meet | ||
the child's needs; or | ||
(ii) has been seen by the prescribing | ||
physician, physician assistant, or advanced practice nurse at least | ||
once every 90 days; | ||
(F) whether an education decision-maker for the | ||
child has been identified, the child's education needs and goals | ||
have been identified and addressed, and there have been major | ||
changes in the child's school performance or there have been | ||
serious disciplinary events; | ||
(G) for a child 14 years of age or older, whether | ||
services that are needed to assist the child in transitioning from | ||
substitute care to independent living are available in the child's | ||
community; and | ||
(H) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; and | ||
(ii) whether, as of the date of the hearing, | ||
another planned permanent living arrangement is the best permanency | ||
plan for the child and, if so, provide compelling reasons why it | ||
continues to not be in the best interest of the child to: | ||
(a) return home; | ||
(b) be placed for adoption; | ||
(c) be placed with a legal guardian; | ||
or | ||
(d) be placed with a fit and willing | ||
relative; | ||
(6) [ |
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child's parents if the child's parents are willing and able to | ||
provide the child with a safe environment and the return of the | ||
child is in the child's best interest; | ||
(7) [ |
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may be returned to and safely maintained in the child's home, placed | ||
for adoption, or placed in permanent managing conservatorship; | ||
(8) determine whether the department has provided the | ||
child with the following: | ||
(A) the child's birth certificate; | ||
(B) a social security card or a replacement | ||
social security card; | ||
(C) a driver's license or personal | ||
identification certificate under Chapter 521, Transportation Code, | ||
for a child who is 16 years of age or older; and | ||
(D) the information contained in the child's | ||
health passport, including the child's immunization records, as | ||
required under Section 266.006; and | ||
(9) [ |
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and the date of any upcoming hearings. | ||
(c) In addition to the requirements of Subsection (a-1) | ||
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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 5. Section 263.5031, Family Code, is amended to | ||
read as follows: | ||
Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. | ||
At each permanency hearing after the court renders a final order, | ||
the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in notifying persons entitled to notice under Section | ||
263.0021; [ |
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(3) review the permanency progress report to | ||
determine: | ||
(A) the safety and well-being of the child and | ||
whether the child's needs, including any medical or special needs, | ||
are being adequately addressed; | ||
(B) the continuing necessity and appropriateness | ||
of the placement of the child, including with respect to a child who | ||
has been placed outside of this state, whether the placement | ||
continues to be in the best interest of the child; | ||
(C) if the child is placed in institutional care, | ||
whether efforts have been made to ensure that the child is placed in | ||
the least restrictive environment consistent with the child's best | ||
interest and special needs; | ||
(D) the appropriateness of the primary and | ||
alternative permanency goals for the child, whether the department | ||
has made reasonable efforts to finalize the permanency plan, | ||
including the concurrent permanency goals, in effect for the child, | ||
and whether: | ||
(i) the department has exercised due | ||
diligence in attempting to place the child for adoption if parental | ||
rights to the child have been terminated and the child is eligible | ||
for adoption; or | ||
(ii) another permanent placement, | ||
including appointing a relative as permanent managing conservator | ||
or returning the child to a parent, is appropriate for the child; | ||
(E) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; and | ||
(ii) whether, as of the date of the hearing, | ||
another planned permanent living arrangement is the best permanency | ||
plan for the child and, if so, provide compelling reasons why it | ||
continues to not be in the best interest of the child to: | ||
(a) return home; | ||
(b) be placed for adoption; | ||
(c) be placed with a legal guardian; | ||
or | ||
(d) be placed with a fit and willing | ||
relative; | ||
(F) if the child is 14 years of age or older, | ||
whether services that are needed to assist the child in | ||
transitioning from substitute care to independent living are | ||
available in the child's community; | ||
(G) whether the child is receiving appropriate | ||
medical care and has been provided the opportunity, in a | ||
developmentally appropriate manner, to express the child's opinion | ||
on any medical care provided; | ||
(H) for a child receiving psychotropic | ||
medication, whether the child: | ||
(i) has been provided appropriate | ||
nonpharmacological interventions, therapies, or strategies to meet | ||
the child's needs; or | ||
(ii) has been seen by the prescribing | ||
physician, physician assistant, or advanced practice nurse at least | ||
once every 90 days; | ||
(I) whether an education decision-maker for the | ||
child has been identified, the child's education needs and goals | ||
have been identified and addressed, and there are major changes in | ||
the child's school performance or there have been serious | ||
disciplinary events; | ||
(J) for a child for whom the department has been | ||
named managing conservator in a final order that does not include | ||
termination of parental rights, whether to order the department to | ||
provide services to a parent for not more than six months after the | ||
date of the permanency hearing if: | ||
(i) the child has not been placed with a | ||
relative or other individual, including a foster parent, who is | ||
seeking permanent managing conservatorship of the child; and | ||
(ii) the court determines that further | ||
efforts at reunification with a parent are: | ||
(a) in the best interest of the child; | ||
and | ||
(b) likely to result in the child's | ||
safe return to the child's parent; and | ||
(K) whether the department has identified a | ||
family or other caring adult who has made a permanent commitment to | ||
the child; and | ||
(4) if the child is 16 years of age or older, determine | ||
whether the department has provided the child with the following: | ||
(A) the child's birth certificate; | ||
(B) a social security card or a replacement | ||
social security card; | ||
(C) a driver's license or personal | ||
identification certificate under Chapter 521, Transportation Code; | ||
(D) the information contained in the child's | ||
health passport, including the child's immunization records, as | ||
required under Section 266.006; | ||
(E) proof of enrollment of the child in Medicaid, | ||
if appropriate; and | ||
(F) written information advising the child of | ||
postsecondary education benefits and opportunities available to | ||
the child, including the tuition exemption for former foster | ||
children under Section 54.366, Education Code. | ||
SECTION 6. Subchapter B, Chapter 264, Family Code, is | ||
amended by adding Section 264.1211 to read as follows: | ||
Sec. 264.1211. PERSONAL IDENTIFICATION CARD FOR CHILD IN | ||
FOSTER CARE. (a) The department, in collaboration with the | ||
Department of Public Safety and the Department of State Health | ||
Services, shall create a personal identification card to be issued | ||
to children in the conservatorship of the department. | ||
(b) The department shall develop a procedure to issue a | ||
personal identification card to a child in the conservatorship of | ||
the department as soon as practicable after the child enters the | ||
department's conservatorship. | ||
(c) The department, the Department of Public Safety, and the | ||
bureau of vital statistics of the Department of State Health | ||
Services shall enter into a memorandum of understanding that | ||
establishes the responsibilities of each agency with respect to | ||
creating the personal identification card and the procedure for | ||
verifying the child's identity and for issuing a personal | ||
identification card. | ||
(d) The Department of Public Safety shall ensure that the | ||
personal identification card created under this section complies | ||
with any federal law governing requirements for state-issued | ||
identification cards. | ||
SECTION 7. Subchapter A, Chapter 191, Health and Safety | ||
Code, is amended by adding Section 191.0049 to read as follows: | ||
Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR | ||
HOMELESS OR UNACCOMPANIED YOUTH. On request of a child described by | ||
this section, the state registrar, a local registrar, or a county | ||
clerk shall issue, without fee or parental consent, a certified | ||
copy of the child's birth record to: | ||
(1) a homeless child or youth or an unaccompanied | ||
youth as those terms are defined by 42 U.S.C. Section 11434a; and | ||
(2) a child in the managing conservatorship of the | ||
Department of Family and Protective Services. | ||
SECTION 8. Subchapter E, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.1015 to read as follows: | ||
Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED | ||
TO FOSTER OR HOMELESS CHILD. (a) In this section: | ||
(1) "Foster child" means a person who is 16 years of | ||
age or older and in the managing conservatorship of the Department | ||
of Family and Protective Services. | ||
(2) "Homeless child or youth" has the meaning assigned | ||
by 42 U.S.C. Section 11434a. | ||
(3) "Unaccompanied youth" has the meaning assigned by | ||
42 U.S.C. Section 11434a. | ||
(b) This section applies to the application for a personal | ||
identification certificate only for a foster child, a homeless | ||
child or youth, or an unaccompanied youth. | ||
(c) Notwithstanding Section 521.101, Section 521.1426, or | ||
any other provision of this chapter, a child or youth described by | ||
Subsection (b) may, in applying for a personal identification | ||
certificate: | ||
(1) provide a copy of the child's or youth's birth | ||
certificate as proof of the child's or youth's identity and United | ||
States citizenship, as applicable; and | ||
(2) if the child or youth does not have a residence or | ||
domicile, provide a letter from the school district in which the | ||
child or youth is enrolled certifying that the child or youth is a | ||
homeless child or youth or an unaccompanied youth. | ||
(d) A child or youth described by Subsection (b) may apply | ||
for and the department may issue a personal identification | ||
certificate without the signature or presence of or permission from | ||
a parent or guardian of the child or youth. | ||
(e) A child or youth described by Subsection (b) is exempt | ||
from the payment of any fee for the issuance of a personal | ||
identification certificate under this chapter. | ||
SECTION 9. Section 521.142(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) An application for an original license must state the | ||
applicant's full name and place and date of birth. This information | ||
must be verified by presentation of proof of identity satisfactory | ||
to the department. An applicant who is not a citizen of the United | ||
States must present to the department documentation issued by the | ||
appropriate United States agency that authorizes the applicant to | ||
be in the United States before the applicant may be issued a | ||
driver's license. The department must accept the following as | ||
satisfactory proof of identity under this subsection [ |
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applicant also provides supplemental verifiable records or | ||
documents that aid in establishing identity: | ||
(1) an offender identification card or similar form of | ||
identification issued to an inmate by the Texas Department of | ||
Criminal Justice; or | ||
(2) a personal identification card issued by the | ||
Department of Family and Protective Services to a child in the | ||
department's conservatorship. | ||
SECTION 10. Section 521.1811, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR HOMELESS | ||
OR UNACCOMPANIED [ |
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payment of any fee for the issuance of a driver's license, as | ||
provided under this chapter, if that person is: | ||
(1) younger than 18 years of age and in the managing | ||
conservatorship of the Department of Family and Protective | ||
Services; [ |
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(2) at least 18 years of age, but younger than 21 years | ||
of age, and resides in a foster care placement, the cost of which is | ||
paid by the Department of Family and Protective Services; or | ||
(3) a homeless child or youth or an unaccompanied | ||
youth as those terms are defined by 42 U.S.C. Section 11434a. | ||
(b) The department shall accept a personal identification | ||
card issued under Section 264.1211, Family Code, to a person | ||
described by Subsection (a) as proof of the person's eligibility | ||
for fee exemption provided by this section. | ||
SECTION 11. Section 263.306(a), Family Code, is repealed. | ||
SECTION 12. The changes in law made by this Act apply to an | ||
application for a driver's license, personal identification | ||
certificate, or birth certificate submitted on or after the | ||
effective date of this Act. An application for a driver's license, | ||
personal identification certificate, or birth certificate | ||
submitted before the effective date of this Act is governed by the | ||
law in effect on the date the application was submitted, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 13. The changes in law made by this Act to Sections | ||
263.306 and 263.5031, Family Code, apply to a suit affecting the | ||
parent-child relationship that is pending on or filed on or after | ||
the effective date of this Act. | ||
SECTION 14. To the extent of any conflict, this Act prevails | ||
over another Act of the 85th Legislature, Regular Session, 2017, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 15. This Act takes effect September 1, 2017. |