Bill Text: TX HB4048 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to mental health assessments and evaluations of children in foster care.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-24 - Referred to Juvenile Justice & Family Issues [HB4048 Detail]
Download: Texas-2015-HB4048-Introduced.html
84R86 YDB-D | ||
By: Davis of Harris | H.B. No. 4048 |
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relating to mental health assessments and evaluations of children | ||
in foster care. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.002, Family Code, is amended by | ||
adding Subsection (b-2) to read as follows: | ||
(b-2) 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 review all mental health assessments and | ||
evaluations conducted for the child at the request of any party to | ||
the suit. | ||
SECTION 2. Section 107.003, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) 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 review all mental health assessments and | ||
evaluations conducted for the child at the request of any party to | ||
the suit. | ||
SECTION 3. Section 263.306(a), Family Code, as amended by | ||
Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619), Acts | ||
of the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
amended to read as follows: | ||
(a) At each permanency hearing the court shall: | ||
(1) identify all persons or parties present at the | ||
hearing or those given notice but failing to appear; | ||
(2) review the efforts of the department or another | ||
agency in: | ||
(A) attempting to locate all necessary persons; | ||
(B) requesting service of citation; and | ||
(C) obtaining the assistance of a parent in | ||
providing information necessary to locate an absent parent, alleged | ||
father, or relative of the child; | ||
(3) review the efforts of each custodial parent, | ||
alleged father, or relative of the child before the court in | ||
providing information necessary to locate another absent parent, | ||
alleged father, or relative of the child; | ||
(4) review any visitation plan or amended plan | ||
required under Section 263.107 and render any orders for visitation | ||
the court determines necessary; | ||
(5) return the child to the parent or parents if the | ||
child's parent or 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; | ||
(6) place the child with a person or entity, other than | ||
a parent, entitled to service under Chapter 102 if the person or | ||
entity is willing and able to provide the child with a safe | ||
environment and the placement of the child is in the child's best | ||
interest; | ||
(7) evaluate the department's efforts to identify | ||
relatives who could provide the child with a safe environment, if | ||
the child is not returned to a parent or another person or entity | ||
entitled to service under Chapter 102; | ||
(8) evaluate the parties' compliance with temporary | ||
orders and the service plan; | ||
(9) identify an education decision-maker for the child | ||
if one has not previously been identified; | ||
(10) review the medical care provided to the child as | ||
required by Section 266.007; | ||
(11) review all mental health assessments and | ||
evaluations conducted for the child at the request of any party to | ||
the hearing; | ||
(12) [ |
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opportunity, in a developmentally appropriate manner, to express | ||
the child's opinion on the medical care provided; | ||
(13) [ |
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medication, determine whether the child: | ||
(A) has been provided appropriate psychosocial | ||
therapies, behavior strategies, and other non-pharmacological | ||
interventions; and | ||
(B) has been seen by the prescribing physician, | ||
physician assistant, or advanced practice nurse at least once every | ||
90 days for purposes of the review required by Section 266.011; | ||
(14) [ |
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(A) the child continues to need substitute care; | ||
(B) the child's current placement is appropriate | ||
for meeting the child's needs, including with respect to a child who | ||
has been placed outside of the state, whether that placement | ||
continues to be in the best interest of the child; and | ||
(C) other plans or services are needed to meet | ||
the child's special needs or circumstances; | ||
(15) [ |
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care, determine whether efforts have been made to ensure placement | ||
of the child in the least restrictive environment consistent with | ||
the best interest and special needs of the child; | ||
(16) [ |
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order services that are needed to assist the child in making the | ||
transition from substitute care to independent living if the | ||
services are available in the community; | ||
(17) [ |
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temporary orders necessary to ensure that a final order is rendered | ||
before the date for dismissal of the suit under this chapter; | ||
(18) [ |
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Juvenile Justice Department or released under supervision by the | ||
Texas Juvenile Justice Department, determine whether the child's | ||
needs for treatment, rehabilitation, and education are being met; | ||
and | ||
(19) [ |
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suit under this chapter and give notice in open court to all parties | ||
of: | ||
(A) the dismissal date; | ||
(B) the date of the next permanency hearing; and | ||
(C) the date the suit is set for trial. | ||
SECTION 4. Section 263.503(a), Family Code, as amended by | ||
Chapters 204 (H.B. 915) and 688 (H.B. 2619), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
(a) At each placement review hearing, the court shall | ||
determine whether: | ||
(1) the child's current placement is necessary, safe, | ||
and appropriate for meeting the child's needs, including with | ||
respect to a child placed outside of the state, whether the | ||
placement continues to be appropriate and in the best interest of | ||
the child; | ||
(2) efforts have been made to ensure placement of the | ||
child in the least restrictive environment consistent with the best | ||
interest and special needs of the child if the child is placed in | ||
institutional care; | ||
(3) the services that are needed to assist a child who | ||
is at least 16 years of age in making the transition from substitute | ||
care to independent living are available in the community; | ||
(4) the child has received any mental health | ||
assessment or evaluation at the request of any party to the hearing | ||
that the court has not reviewed and shall review; | ||
(5) the child is receiving appropriate medical care; | ||
(6) [ |
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in a developmentally appropriate manner, to express the child's | ||
opinion on the medical care provided; | ||
(7) [ |
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medication: | ||
(A) has been provided appropriate psychosocial | ||
therapies, behavior strategies, and other non-pharmacological | ||
interventions; and | ||
(B) has been seen by the prescribing physician, | ||
physician assistant, or advanced practice nurse at least once every | ||
90 days for purposes of the review required by Section 266.011; | ||
(8) [ |
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the child's special needs or circumstances; | ||
(9) [ |
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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; | ||
(10) [ |
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been named managing conservator in a final order that does not | ||
include termination of parental rights, a permanent placement, | ||
including appointing a relative as permanent managing conservator | ||
or returning the child to a parent, is appropriate for the child; | ||
(11) [ |
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another planned, permanent living arrangement, the department has: | ||
(A) documented a compelling reason why adoption, | ||
permanent managing conservatorship with a relative or other | ||
suitable individual, or returning the child to a parent is not in | ||
the child's best interest; and | ||
(B) identified a family or other caring adult who | ||
has made a permanent commitment to the child; | ||
(12) [ |
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made reasonable efforts to finalize the permanency plan that is in | ||
effect for the child; [ |
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(13) [ |
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Juvenile Justice Department or released under supervision by the | ||
Texas Juvenile Justice Department, the child's needs for treatment, | ||
rehabilitation, and education are being met; | ||
(14) [ |
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has been identified; and | ||
(15) [ |
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been identified and addressed. | ||
SECTION 5. Section 266.007(a), Family Code, is amended to | ||
read as follows: | ||
(a) At each hearing under Chapter 263, or more frequently if | ||
ordered by the court, the court shall review a summary of the | ||
medical care provided to the foster child since the last hearing. | ||
The summary must include information regarding: | ||
(1) the nature of any emergency medical care provided | ||
to the child and the circumstances necessitating emergency medical | ||
care, including any injury or acute illness suffered by the child; | ||
(2) all mental health assessments and evaluations | ||
conducted for the child at the request of any party to the hearing; | ||
(3) all medical and mental health treatment that the | ||
child is receiving and the child's progress with the treatment; | ||
(4) [ |
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condition, diagnosis, and symptoms for which the medication was | ||
prescribed, and the child's progress with the medication; | ||
(5) [ |
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medication: | ||
(A) any psychosocial therapies, behavior | ||
strategies, or other non-pharmacological interventions that have | ||
been provided to the child; and | ||
(B) the dates since the previous hearing of any | ||
office visits the child had with the prescribing physician, | ||
physician assistant, or advanced practice nurse as required by | ||
Section 266.011; | ||
(6) [ |
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provider has complied or failed to comply with any plan of medical | ||
treatment for the child; | ||
(7) [ |
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any medical treatment provided to the child; | ||
(8) [ |
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that has been diagnosed or for which tests are being conducted to | ||
make a diagnosis; | ||
(9) [ |
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should engage in that might affect the effectiveness of the | ||
treatment, including physical activities, other medications, and | ||
diet; and | ||
(10) [ |
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rule or by the court. | ||
SECTION 6. The changes in law made by this Act apply to a | ||
suit affecting the parent-child relationship pending in a trial | ||
court on or filed on or after the effective date of this Act. | ||
SECTION 7. This Act takes effect September 1, 2015. |