Bill Text: TX HB418 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to child victims of trafficking who are placed in secure foster homes.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB418 Detail]
Download: Texas-2015-HB418-Enrolled.html
H.B. No. 418 |
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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 |