Bill Text: TX HB5051 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to emancipation and extended foster care for certain older youth and young adults within the jurisdiction of court in a suit affecting the parent child relationship involving the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-25 - Left pending in committee [HB5051 Detail]

Download: Texas-2023-HB5051-Introduced.html
 
 
  By: Campos H.B. No. 5051
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to emancipation and extended foster care for certain older
  youth and young adults within the jurisdiction of court in a suit
  affecting the parent child relationship involving the Department of
  Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 31 of the Family Code is amended to add
  section 31.0011 to read as follows:
  31.0011 REMOVAL OF DISABILITIES OF MINORITY FOR A CHILD IN THE
  MANAGING CONSERVATORSHIP OF THE DEPARTMENT
         (a)  Notwithstanding the requirements of section 31.001, the
  Department of Family and Protective Services may file a petition to
  have the disabilities of minority removed for a child in its
  conservatorship if the child:
               (1)  is at least 17 years old; and
               (2)  has refused services from the department for a
  sixty-day period prior to the filing of the petition; or
               (3)  has been consistently absent from the child's
  placement, including an unlicensed setting for temporary emergency
  care under Section 264.107(g) for a sixty-day period prior to the
  filing of the petition.
         (b)  The petition under this section must be accompanied by
  sworn affidavit describing the efforts made by the department to
  engage the child in services and return the child to the possession
  of the department.
         (c)  An order removing the disabilities of minority under
  this section is for the limited purpose of beginning a period of
  trial independence pursuant to section 263.601 and other limited
  purposes ordered by the court. An order for the removal of the
  disabilities of minority for general purposes must meet the
  requirements of section 31.001.
         SECTION 2.  Section 31.003 of the Family Code is amended to
  read as follows:
         (a)  The petitioner shall file the petition in the county in
  which the petitioner resides.
         (b)  A petition for emancipation of a child in the permanent
  managing conservatorship of the department under section 31.0011
  shall be filed in the court of continuing exclusive jurisdiction.
         SECTION 3.  Section 263.601 of the Family Code is amended to
  read as follows:
               (1)  "Extended foster care" means a residential living
  arrangement in which a young adult voluntarily delegates to the
  department responsibility for the young adult's placement and care
  and in which the young adult resides with a foster parent or other
  residential services provider that is:
                     (A)  licensed or approved by the department or
  verified by a licensed or certified child-placing agency; and
                     (B)  paid under a contract with the department.
               (1-a)  Extended foster care does not include hotels or
  other unlicensed settings that are used for temporary emergency
  care under Section 264.107(g).
               (2)  "Guardianship services" means the services
  provided by the Department of Aging and Disability Services under
  Subchapter E, Chapter 161, Human Resources Code.
               (3)  "Institution" means a residential facility that is
  operated, licensed, registered, certified, or verified by a state
  agency other than the department. The term includes a residential
  service provider under a Medicaid waiver program authorized under
  Section 1915(c) of the federal Social Security Act that provides
  services at a residence other than the young adult's own home.
               (3-a)  "Trial independence" means the status assigned
  to a young adult under Section 263.6015.
               (4)  "Young adult" means a person who was in the
  conservatorship of the department on the day before the person's
  18th birthday or who had the disabilities of minority removed
  pursuant to section 31.0011.
         SECTION 4.  Section 263.6015 of the Family Code is amended to
  read as follows:
         (a)  A young adult is assigned trial independence status when
  the young adult:
               (1)  does not enter extended foster care at the time of
  the young adult's 18th birthday or upon having the disabilities of
  minority removed pursuant to section 31.011; or
               (2)  exits extended foster care before the young
  adult's 21st birthday.
         (b)  Except as provided by Subsection (c), a court order is
  not required for a young adult to be assigned trial independence
  status. Trial independence is mandatory for a period of at least
  six months beginning on:
               (1)  the date of the young adult's 18th birthday for a
  young adult described by Subsection (a)(1); or
               (2)  the date the young adult exits extended foster
  care.
         (b-1)  Trial independence for a young adult who had the
  disabilities of minority removed pursuant to section 31.0011 is
  mandatory for a period beginning on the date the young adult's
  disabilities of minority were removed by court order and continue
  for a period of six months or until the young adult's 18th birthday,
  whichever date is later, unless the young adult is cooperating with
  the department and the court orders another six month of trial
  independence not to exceed one year as described in subsection(c).
         (c)  A court may order trial independence status extended for
  a period that exceeds the mandatory period under Subsection (b) but
  does not exceed one year from the date the period under Subsection
  (b) commences.
         (d)  Except as provided by Subsection (e), a young adult who
  enters or reenters extended foster care after a period of trial
  independence must complete a new period of trial independence as
  provided by Subsection (b)(2).
         (e)  The trial independence status of a young adult ends on
  the young adult's 21st birthday.
         SECTION 5.  Section 263.602, Family Code, is amended to read
  as follows:
         (a)  Except as provided by Subsection (f), a court that had
  jurisdiction over a young adult on the day before the young adult's
  18th birthday continues to have extended jurisdiction over the
  young adult and shall retain the case on the court's docket while
  the young adult is in extended foster care and during trial
  independence as described by Section 263.6015.
         (b)  A court with extended jurisdiction over a young adult in
  extended foster care shall conduct extended foster care review
  hearings every six months for the purpose of reviewing and making
  findings regarding:
               (1)  whether the young adult's living arrangement is
  safe and appropriate and whether the department has made reasonable
  efforts to place the young adult in the least restrictive
  environment necessary to meet the young adult's needs;
               (2)  whether the department is making reasonable
  efforts to finalize the permanency plan that is in effect for the
  young adult, including a permanency plan for independent living;
               (3)  whether, for a young adult whose permanency plan
  is independent living:
                     (A)  the young adult participated in the
  development of the plan of service;
                     (B)  the young adult's plan of service reflects
  the independent living skills and appropriate services needed to
  achieve independence by the projected date; and
                     (C)  the young adult continues to make reasonable
  progress in developing the skills needed to achieve independence by
  the projected date; and
               (4)  whether additional services that the department is
  authorized to provide are needed to meet the needs of the young
  adult.
         (c)  Not later than the 10th day before the date set for a
  hearing under this section, the department shall file with the
  court a copy of the young adult's plan of service and a report that
  addresses the issues described by Subsection (b).
         (d)  Notice of an extended foster care review hearing shall
  be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
  the following persons, each of whom has a right to present evidence
  and be heard at the hearing:
               (1)  the young adult who is the subject of the suit;
               (2)  the department;
               (3)  the foster parent with whom the young adult is
  placed and the administrator of a child-placing agency responsible
  for placing the young adult, if applicable;
               (4)  the director of the residential child-care
  facility or other approved provider with whom the young adult is
  placed, if applicable;
               (5)  each parent of the young adult whose parental
  rights have not been terminated and who is still actively involved
  in the life of the young adult;
               (6)  a legal guardian of the young adult, if
  applicable; and
               (7)  the young adult's attorney ad litem, guardian ad
  litem, and volunteer advocate, the appointment of which has not
  been previously dismissed by the court.
         (e)  If, after reviewing the young adult's plan of service
  and the report filed under Subsection (c), and any additional
  testimony and evidence presented at the review hearing, the court
  determines that the young adult is entitled to additional services,
  the court may order the department to take appropriate action to
  ensure that the young adult receives those services.
         (e-1)  If the department reports that the young adult is not
  participating in the young adults' plan of service in developing
  the skills needed to achieve independence, the court shall order
  the young adult to obtain the experiential life-skill training
  described by Sections 264.121(a-1) and (a-2) and other courses or
  services identified by the department as part of the young adult's
  plan of service.
         (f)  Unless the court extends its jurisdiction over a young
  adult beyond the end of trial independence as provided by Section
  263.6021(a) or 263.603(a), the court's extended jurisdiction over a
  young adult as described in Subsection (a) terminates on the
  earlier of:
               (1)  the last day of the month in which trial
  independence ends; or
               (2)  the young adult's 21st birthday;
               (3)  the date the young adult withdraws consent to the
  extension of the court's jurisdiction in writing or in court;
               (4)  the young adult has refused services for a 60-day
  period.
         (g)  A court with extended jurisdiction described by this
  section is not required to conduct periodic hearings described in
  this section for a young adult during trial independence and may not
  compel a young adult who has elected to not enter or has exited
  extended foster care to attend a court hearing. A court with
  extended jurisdiction during trial independence may, at the request
  of a young adult, conduct a hearing described by Subsection (b) or
  by Section 263.6021 to review any transitional living services the
  young adult is receiving during trial independence.
         (h)  A court shall not order a young adult in extended foster
  care to receive temporary emergency care under Section 264.107(g)
  in a hotel or other unlicensed setting.
         SECTION 6.  Section 263.608, Family Code, is amended as
  follows:
         (a)  A young adult who consents to the continued jurisdiction
  of the court has the same rights as any other adult of the same age.
         (b)  The court is prohibited from extending trial
  independence status as described by Section 263.6015(c) or
  extending jurisdiction over a young adult as described by Section
  263.602 if a young adult objects in court or in writing.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  act takes effect September 1, 2023.
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