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