Bill Text: TX HB418 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to child victims of trafficking who are placed in secure foster homes.

Sponsorship: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB418 Detail]

Download: Texas-2015-HB418-Enrolled.html

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H.B. No. 418

AN ACT
relating to child victims of trafficking who are placed in secure
foster homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.011 to read as follows:
Sec. 262.011. PLACEMENT IN SECURE AGENCY FOSTER HOME OR
SECURE AGENCY FOSTER GROUP HOME. A court in an emergency, initial,
or full adversary hearing conducted under this chapter may order
that the child who is the subject of the hearing be placed in a
secure agency foster home or secure agency foster group home
verified in accordance with Section 42.0531, Human Resources Code,
if the court finds that:
(1) the placement is in the best interest of the child;
and
(2) the child's physical health or safety is in danger
because the child has been recruited, harbored, transported,
provided, or obtained for forced labor or commercial sexual
activity, including any child subjected to an act specified in
Section 20A.02 or 20A.03, Penal Code.
SECTION 2. Section 262.104(a), Family Code, is amended to
read as follows:
(a) If there is no time to obtain a temporary restraining
order or attachment before taking possession of a child consistent
with the health and safety of that child, an authorized
representative of the Department of Family and Protective Services,
a law enforcement officer, or a juvenile probation officer may take
possession of a child without a court order under the following
conditions, only:
(1) on personal knowledge of facts that would lead a
person of ordinary prudence and caution to believe that there is an
immediate danger to the physical health or safety of the child;
(2) on information furnished by another that has been
corroborated by personal knowledge of facts and all of which taken
together would lead a person of ordinary prudence and caution to
believe that there is an immediate danger to the physical health or
safety of the child;
(3) on personal knowledge of facts that would lead a
person of ordinary prudence and caution to believe that the child
has been the victim of sexual abuse or of trafficking under Section
20A.02 or 20A.03, Penal Code;
(4) on information furnished by another that has been
corroborated by personal knowledge of facts and all of which taken
together would lead a person of ordinary prudence and caution to
believe that the child has been the victim of sexual abuse or of
trafficking under Section 20A.02 or 20A.03, Penal Code; or
(5) on information furnished by another that has been
corroborated by personal knowledge of facts and all of which taken
together would lead a person of ordinary prudence and caution to
believe that the parent or person who has possession of the child is
currently using a controlled substance as defined by Chapter 481,
Health and Safety Code, and the use constitutes an immediate danger
to the physical health or safety of the child.
SECTION 3. Section 262.107(a), Family Code, is amended to
read as follows:
(a) The court shall order the return of the child at the
initial hearing regarding a child taken in possession without a
court order by a governmental entity unless the court is satisfied
that:
(1) there is a continuing danger to the physical
health or safety of the child if the child is returned to the
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian who is presently entitled to possession of
the child or the evidence shows that the child has been the victim
of sexual abuse or of trafficking under Section 20A.02 or 20A.03,
Penal Code, on one or more occasions and that there is a substantial
risk that the child will be the victim of sexual abuse or of
trafficking in the future;
(2) continuation of the child in the home would be
contrary to the child's welfare; and
(3) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for removal of the child.
SECTION 4. Section 262.201(b), Family Code, is amended to
read as follows:
(b) At the conclusion of the full adversary hearing, the
court shall order the return of the child to the parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian entitled to possession unless the court finds sufficient
evidence to satisfy a person of ordinary prudence and caution that:
(1) there was a danger to the physical health or safety
of the child, including a danger that the child would be a victim of
trafficking under Section 20A.02 or 20A.03, Penal Code, which was
caused by an act or failure to act of the person entitled to
possession and for the child to remain in the home is contrary to
the welfare of the child;
(2) the urgent need for protection required the
immediate removal of the child and reasonable efforts, consistent
with the circumstances and providing for the safety of the child,
were made to eliminate or prevent the child's removal; and
(3) reasonable efforts have been made to enable the
child to return home, but there is a substantial risk of a
continuing danger if the child is returned home.
SECTION 5. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0531 to read as follows:
Sec. 42.0531. SECURE AGENCY FOSTER HOMES AND SECURE AGENCY
FOSTER GROUP HOMES. (a) The commissioners court of a county or
governing body of a municipality may contract with a child-placing
agency to verify a secure agency foster home or secure agency foster
group home to provide a safe and therapeutic environment tailored
to the needs of children who are victims of trafficking.
(b) A child-placing agency may not verify a secure agency
foster home or secure agency foster group home to provide services
under this section unless the child-placing agency holds a license
issued under this chapter that authorizes the agency to provide
services to victims of trafficking in accordance with department
standards adopted under this chapter for child-placing agencies.
(c) A secure agency foster home or secure agency foster
group home verified under this section must provide:
(1) mental health and other services specifically
designed to assist children who are victims of trafficking under
Section 20A.02 or 20A.03, Penal Code, including:
(A) victim and family counseling;
(B) behavioral health care;
(C) treatment and intervention for sexual
assault;
(D) education tailored to the child's needs;
(E) life skills training;
(F) mentoring; and
(G) substance abuse screening and treatment as
needed;
(2) individualized services based on the trauma
endured by a child, as determined through comprehensive assessments
of the service needs of the child;
(3) 24-hour services; and
(4) appropriate security through facility design,
hardware, technology, and staffing.
SECTION 6. Not later than May 1, 2016, the executive
commissioner of the Health and Human Services Commission shall
adopt any standards and the Department of Family and Protective
Services shall establish the verification procedures necessary to
implement the changes in law made by this Act.
SECTION 7. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 418 was passed by the House on April
9, 2015, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 418 was passed by the Senate on May
23, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor