Bill Text: TX HB7 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to child protective services suits, motions, and services by the Department of Family and Protective Services and to the licensing of certain facilities, homes, and agencies that provide child-care services.

Sponsorship: Bipartisan Bill

Status: (Passed) 2017-05-31 - See remarks for effective date [HB7 Detail]

Download: Texas-2017-HB7-Enrolled.html

---

H.B. No. 7

AN ACT
relating to child protective services suits, motions, and services
by the Department of Family and Protective Services and to the
licensing of certain facilities, homes, and agencies that provide
child-care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.331(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) This section does not apply to a [foster group home,
foster family home,] family home, specialized child-care [agency
group] home, or agency foster home as those terms are defined by
Section 42.002, Human Resources Code.
SECTION 2. Section 29.081(d), Education Code, is amended to
read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 26 years
of age and who:
(1) was not advanced from one grade level to the next
for one or more school years;
(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
did not maintain an average equivalent to 70 on a scale of 100 in two
or more subjects in the foundation curriculum during a semester in
the preceding or current school year or is not maintaining such an
average in two or more subjects in the foundation curriculum in the
current semester;
(3) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B, Chapter
39, and who has not in the previous or current school year
subsequently performed on that instrument or another appropriate
instrument at a level equal to at least 110 percent of the level of
satisfactory performance on that instrument;
(4) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(5) is pregnant or is a parent;
(6) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(7) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(8) is currently on parole, probation, deferred
prosecution, or other conditional release;
(9) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(10) is a student of limited English proficiency, as
defined by Section 29.052;
(11) is in the custody or care of the Department of
Family and Protective [and Regulatory] Services or has, during the
current school year, been referred to the department by a school
official, officer of the juvenile court, or law enforcement
official;
(12) is homeless, as defined by 42 U.S.C. Section
11302, and its subsequent amendments; or
(13) resided in the preceding school year or resides
in the current school year in a residential placement facility in
the district, including a detention facility, substance abuse
treatment facility, emergency shelter, psychiatric hospital,
halfway house, cottage home operation, specialized child-care
home, or general residential operation [foster group home].
SECTION 3. Section 58.0052, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In addition to the information provided under
Subsection (b), the Department of Family and Protective Services
and the Texas Juvenile Justice Department shall coordinate and
develop protocols for sharing with each other, on request, any
other information relating to a multi-system youth necessary to:
(1) identify and coordinate the provision of services
to the youth and prevent duplication of services;
(2) enhance rehabilitation of the youth; and
(3) improve and maintain community safety.
SECTION 4. Section 101.0133, Family Code, is amended to
read as follows:
Sec. 101.0133. FOSTER CARE. "Foster care" means the
placement of a child who is in the conservatorship of the Department
of Family and Protective Services and in care outside the child's
home in a residential child-care facility, including an [agency
foster group home,] agency foster home, specialized child-care
[foster group] home, cottage [foster] home operation, general
residential operation, or another facility licensed or certified
under Chapter 42, Human Resources Code, in which care is provided
for 24 hours a day.
SECTION 5. Section 101.017, Family Code, is amended to read
as follows:
Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
child placing agency" means a person, including an organization or
corporation, licensed or certified under Chapter 42, Human
Resources Code, by the Department of Family and Protective Services
to place a child in an adoptive home or a residential child-care
facility, including a child-care facility, agency foster home,
cottage home operation, or general residential operation [agency
foster group home, or adoptive home].
SECTION 6. Section 105.002, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The Department of Family and Protective Services in
collaboration with interested parties, including the Permanent
Judicial Commission for Children, Youth and Families, shall review
the form of jury submissions in this state and make recommendations
to the legislature not later than December 31, 2017, regarding
whether broad-form or specific jury questions should be required in
suits affecting the parent-child relationship filed by the
department. This subsection expires September 1, 2019.
SECTION 7. Sections 107.002(b) and (c), Family Code, are
amended to read as follows:
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) within a reasonable time after the appointment,
interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including educators, child
welfare service providers, and any foster parent of the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's expressed objectives;
(3) consider the child's expressed objectives without
being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(c) A guardian ad litem appointed for the child under this
chapter is entitled to:
(1) receive a copy of each pleading or other paper
filed with the court in the case in which the guardian ad litem is
appointed;
(2) receive notice of each hearing in the case;
(3) participate in case staffings by the Department of
Family and Protective Services concerning the child;
(4) attend all legal proceedings in the case but may
not call or question a witness or otherwise provide legal services
unless the guardian ad litem is a licensed attorney who has been
appointed in the dual role;
(5) review and sign, or decline to sign, an agreed
order affecting the child; [and]
(6) explain the basis for the guardian ad litem's
opposition to the agreed order if the guardian ad litem does not
agree to the terms of a proposed order;
(7) have access to the child in the child's placement;
(8) be consulted and provide comments on decisions
regarding placement, including kinship, foster care, and adoptive
placements;
(9) evaluate whether the child welfare services
providers are protecting the child's best interests regarding
appropriate care, treatment, services, and all other foster
children's rights listed in Section 263.008;
(10) receive notification regarding and an invitation
to attend meetings related to the child's service plan and a copy of
the plan; and
(11) attend court-ordered mediation regarding the
child's case.
SECTION 8. Section 107.004, Family Code, is amended by
adding Subsection (d-3) to read as follows:
(d-3) An attorney ad litem appointed to represent a child in
the managing conservatorship of the Department of Family and
Protective Services shall periodically continue to review the
child's safety and well-being, including any effects of trauma to
the child, and take appropriate action, including requesting a
review hearing when necessary to address an issue of concern.
SECTION 9. Section 107.016, Family Code, is amended to read
as follows:
Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
APPOINTMENT. In a suit filed by a governmental entity in which
termination of the parent-child relationship or appointment of the
entity as conservator of the child is requested:
(1) an order appointing the Department of Family and
Protective Services as the child's managing conservator may provide
for the continuation of the appointment of the guardian ad litem [or
attorney ad litem] for the child for any period during the time the
child remains in the conservatorship of the department, as set by
the court; [and]
(2) an order appointing the Department of Family and
Protective Services as the child's managing conservator may provide
for the continuation of the appointment of the attorney ad litem for
the child as long as the child remains in the conservatorship of the
department; and
(3) an attorney appointed under this subchapter to
serve as an attorney ad litem for a parent or an alleged father
continues to serve in that capacity until the earliest of:
(A) the date the suit affecting the parent-child
relationship is dismissed;
(B) the date all appeals in relation to any final
order terminating parental rights are exhausted or waived; or
(C) the date the attorney is relieved of the
attorney's duties or replaced by another attorney after a finding
of good cause is rendered by the court on the record.
SECTION 10. Section 155.201, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) On receiving notice that a court exercising
jurisdiction under Chapter 262 has ordered the transfer of a suit
under Section 262.203(a)(2), the court of continuing, exclusive
jurisdiction shall, pursuant to the requirements of Section
155.204(i), transfer the proceedings to the court in which the suit
under Chapter 262 is pending within the time required by Section
155.207(a).
SECTION 11. Section 155.204(i), Family Code, is amended to
read as follows:
(i) If a transfer order has been signed by a court
exercising jurisdiction under Chapter 262, the Department of Family
and Protective Services shall [a party may] file the transfer order
with the clerk of the court of continuing, exclusive jurisdiction.
On receipt and without a hearing or further order from the court of
continuing, exclusive jurisdiction, the clerk of the court of
continuing, exclusive jurisdiction shall transfer the files as
provided by this subchapter within the time required by Section
155.207(a).
SECTION 12. Section 161.001, Family Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) A court may not make a finding under Subsection (b) and
order termination of the parent-child relationship based on
evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
(d) A court may not order termination under Subsection
(b)(1)(O) based on the failure by the parent to comply with a
specific provision of a court order if a parent proves by a
preponderance of evidence that:
(1) the parent was unable to comply with specific
provisions of the court order; and
(2) the parent made a good faith effort to comply with
the order and the failure to comply with the order is not
attributable to any fault of the parent.
(e) This section does not prohibit the Department of Family
and Protective Services from offering evidence described by
Subsection (c) as part of an action to terminate the parent-child
relationship under this subchapter.
SECTION 13. Section 161.206, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In a suit filed by the Department of Family and
Protective Services seeking termination of the parent-child
relationship for more than one parent of the child, the court may
order termination of the parent-child relationship for the parent
only if the court finds by clear and convincing evidence grounds for
the termination of the parent-child relationship for that parent.
SECTION 14. Chapter 261, Family Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN
CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
application for a protective order for a child's protection under
this subchapter on the department's own initiative or jointly with
a parent, relative, or caregiver of the child who requests the
filing of the application if the department:
(1) has temporary managing conservatorship of the
child;
(2) determines that:
(A) the child:
(i) is a victim of abuse or neglect; or
(ii) has a history of being abused or
neglected; and
(B) there is a threat of:
(i) immediate or continued abuse or neglect
to the child;
(ii) someone illegally taking the child
from the home in which the child is placed;
(iii) behavior that poses a threat to the
caregiver with whom the child is placed; or
(iv) someone committing an act of violence
against the child or the child's caregiver; and
(3) is not otherwise authorized to apply for a
protective order for the child's protection under Chapter 82.
Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the
application under this subchapter, the department must certify
that:
(1) the department has diligently searched for and:
(A) was unable to locate the child's parent,
legal guardian, or custodian, other than the respondent to the
application; or
(B) located and provided notice of the proposed
application to the child's parent, legal guardian, or custodian,
other than the respondent to the application; and
(2) if applicable, the relative or caregiver who is
jointly filing the petition, or with whom the child would reside
following an entry of the protective order, has not abused or
neglected the child and does not have a history of abuse or neglect.
(b) An application for a temporary ex parte order under
Section 261.503 may be filed without making the findings required
by Subsection (a) if the department certifies that the department
believes there is an immediate danger of abuse or neglect to the
child.
Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is an immediate danger of abuse or neglect to the
child, the court, without further notice to the respondent and
without a hearing, may enter a temporary ex parte order for the
protection of the child.
Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this subchapter, the court shall find
whether there are reasonable grounds to believe that:
(1) the child:
(A) is a victim of abuse or neglect; or
(B) has a history of being abused or neglected;
and
(2) there is a threat of:
(A) immediate or continued abuse or neglect to
the child;
(B) someone illegally taking the child from the
home in which the child is placed;
(C) behavior that poses a threat to the caregiver
with whom the child is placed; or
(D) someone committing an act of violence against
the child or the child's caregiver.
(b) If the court makes an affirmative finding under
Subsection (a), the court shall issue a protective order that
includes a statement of that finding.
Sec. 261.505. APPLICATION OF OTHER LAW. To the extent
applicable, except as otherwise provided by this subchapter, Title
4 applies to a protective order issued under this subchapter.
SECTION 15. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.0022 to read as follows:
Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each
hearing under this chapter, the court shall review the placement of
each child in the temporary or permanent managing conservatorship
of the Department of Family and Protective Services who is not
placed with a relative caregiver or designated caregiver as defined
by Section 264.751. The court shall include in its findings a
statement on whether the department has the option of placing the
child with a relative or other designated caregiver.
SECTION 16. Section 262.011, Family Code, as added by
Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular
Session, 2015, is amended 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 17. Subchapter A, Chapter 262, Family Code, is
amended by adding Sections 262.013 and 262.014 to read as follows:
Sec. 262.013. VOLUNTARY TEMPORARY MANAGING
CONSERVATORSHIP. In a suit affecting the parent-child relationship
filed by the Department of Family and Protective Services, the
existence of a parent's voluntary agreement to temporarily place
the parent's child in the managing conservatorship of the
department is not an admission by the parent that the parent engaged
in conduct that endangered the child.
Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. On the
request of the attorney for a parent who is a party in a suit
affecting the parent-child relationship filed under this chapter,
or the attorney ad litem for the parent's child, the Department of
Family and Protective Services shall, before the full adversary
hearing, provide:
(1) the name of any person, excluding a department
employee, whom the department will call as a witness to any of the
allegations contained in the petition filed by the department;
(2) a copy of any offense report relating to the
allegations contained in the petition filed by the department that
will be used in court to refresh a witness's memory; and
(3) a copy of any photograph, video, or recording that
will be presented as evidence.
SECTION 18. Section 262.113, Family Code, is amended to
read as follows:
Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
CHILD. An original suit filed by a governmental entity that
requests to take possession of a child after notice and a hearing
must be supported by an affidavit sworn to by a person with personal
knowledge and stating facts sufficient to satisfy a person of
ordinary prudence and caution that:
(1) there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the person entitled to possession of the child and that allowing the
child to remain in the home would be contrary to the child's
welfare; and
(2) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, have been
made to prevent or eliminate the need to remove the child from the
child's home[; and
[(2) allowing the child to remain in the home would be
contrary to the child's welfare].
SECTION 19. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.116 to read as follows:
Sec. 262.116. LIMITS ON REMOVAL. (a) The Department of
Family and Protective Services may not take possession of a child
under this subchapter based on evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
(b) The department shall train child protective services
caseworkers regarding the prohibitions on removal provided under
Subsection (a).
(c) The executive commissioner of the Health and Human
Services Commission may adopt rules to implement this section.
(d) This section does not prohibit the department from
gathering or offering evidence described by Subsection (a) as part
of an action to take possession of a child under this subchapter.
SECTION 20. Section 262.201, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-5) to read as
follows:
(a) Unless the child has already been returned to the
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian entitled to possession and the temporary
order, if any, has been dissolved, a full adversary hearing shall be
held not later than the 14th day after the date the child was taken
into possession by the governmental entity, unless the court grants
an extension under Subsection (a-3) or (a-5).
(a-5) If a parent who is not indigent appears in opposition
to the suit, the court may, for good cause shown, postpone the full
adversary hearing for not more than seven days from the date of the
parent's appearance to allow the parent to hire an attorney or to
provide the parent's attorney time to respond to the petition and
prepare for the hearing. A postponement under this subsection is
subject to the limits and requirements prescribed by Subsection
(a-3) and Section 155.207.
SECTION 21. Section 262.203(a), Family Code, is amended to
read as follows:
(a) On the motion of a party or the court's own motion, if
applicable, the court that rendered the temporary order shall in
accordance with procedures provided by Chapter 155:
(1) transfer the suit to the court of continuing,
exclusive jurisdiction, if any, within the time required by Section
155.207(a), if the court finds that the transfer is:
(A) necessary for the convenience of the parties;
and
(B) in the best interest of the child;
(2) [if grounds exist for mandatory transfer from the
court of continuing, exclusive jurisdiction under Section
155.201,] order transfer of the suit from the [that] court of
continuing, exclusive jurisdiction; or
(3) if grounds exist for transfer based on improper
venue, order transfer of the suit to the court having venue of the
suit under Chapter 103.
SECTION 22. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.206 to read as follows:
Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless
otherwise authorized by this chapter or other law, a hearing held by
a court in a suit under this chapter may not be ex parte.
SECTION 23. Section 263.002, Family Code, is amended to
read as follows:
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a)
In a suit affecting the parent-child relationship in which the
department has been appointed by the court or designated in an
affidavit of relinquishment of parental rights as the temporary or
permanent managing conservator of a child, the court shall hold a
hearing to review:
(1) the conservatorship appointment and substitute
care; and
(2) for a child committed to the Texas Juvenile
Justice Department, the child's commitment in the Texas Juvenile
Justice Department or release under supervision by the Texas
Juvenile Justice Department.
(b) At each permanency hearing under this chapter, the court
shall review the placement of each child in the temporary managing
conservatorship of the department who is not placed with a relative
caregiver or designated caregiver as defined by Section 264.751.
The court shall include in its findings a statement whether the
department placed the child with a relative or other designated
caregiver.
(c) At each permanency hearing before the final order, the
court shall review the placement of each child in the temporary
managing conservatorship of the department who has not been
returned to the child's home. The court shall make a finding on
whether returning the child to the child's home is safe and
appropriate, whether the return is in the best interest of the
child, and whether it is contrary to the welfare of the child for
the child to return home.
SECTION 24. Section 263.0021, Family Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Notice of a hearing under this chapter provided to an
individual listed under Subsection (b)(2) must state that the
individual may, but is not required to, attend the hearing and may
request to be heard at the hearing.
(f) In a hearing under this chapter, the court shall
determine whether the child's caregiver is present at the hearing
and allow the caregiver to testify if the caregiver wishes to
provide information about the child.
SECTION 25. Section 263.008(a)(1), Family Code, is amended
to read as follows:
(1) "Agency foster [group] home[,]" and ["agency
foster home,"] "facility[,]" ["foster group home," and "foster
home"] have the meanings assigned by Section 42.002, Human
Resources Code.
SECTION 26. Section 263.008(e), Family Code, is amended to
read as follows:
(e) An [agency foster group home,] agency foster home[,
foster group home, foster home,] or other residential child-care
facility in which a child is placed in foster care shall provide a
copy of the foster children's bill of rights to a child on the
child's request. The foster children's bill of rights must be
printed in English and in a second language.
SECTION 27. Section 263.401, Family Code, is amended to
read as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION. (a) Unless the court has commenced the trial on the
merits or granted an extension under Subsection (b) or (b-1), on the
first Monday after the first anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over [court shall
dismiss] the suit affecting the parent-child relationship filed by
the department that requests termination of the parent-child
relationship or requests that the department be named conservator
of the child is terminated and the suit is automatically dismissed
without a court order. Not later than the 60th day before the day
the suit is automatically dismissed, the court shall notify all
parties to the suit of the automatic dismissal date.
(b) Unless the court has commenced the trial on the merits,
the court may not retain the suit on the court's docket after the
time described by Subsection (a) unless the court finds that
extraordinary circumstances necessitate the child remaining in the
temporary managing conservatorship of the department and that
continuing the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court
makes those findings, the court may retain the suit on the court's
docket for a period not to exceed 180 days after the time described
by Subsection (a). If the court retains the suit on the court's
docket, the court shall render an order in which the court:
(1) schedules the new date on which the suit will be
automatically dismissed if the trial on the merits has not
commenced, which date must be not later than the 180th day after the
time described by Subsection (a);
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits on a date not later
than the date specified under Subdivision (1).
(b-1) If, after commencement of the initial trial on the
merits within the time required by Subsection (a) or (b), the court
grants a motion for a new trial or mistrial, or the case is remanded
to the court by an appellate court following an appeal of the
court's final order, the court shall retain the suit on the court's
docket and render an order in which the court:
(1) schedules a new date on which the suit will be
automatically dismissed if the new trial has not commenced, which
must be a date not later than the 180th day after the date on which:
(A) the motion for a new trial or mistrial is
granted; or
(B) the appellate court remanded the case;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the new trial on the merits for a date not
later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
(b-1) but does not commence the trial on the merits before the
dismissal date, the court's jurisdiction over [court shall dismiss]
the suit is terminated and the suit is automatically dismissed
without a court order. The court may not grant an additional
extension that extends the suit beyond the required date for
dismissal under Subsection (b) or (b-1), as applicable.
SECTION 28. Section 263.402, Family Code, is amended to
read as follows:
Sec. 263.402. LIMIT ON EXTENSION[; WAIVER]. [(a)] The
parties to a suit under this chapter may not extend the deadlines
set by the court under this subchapter by agreement or otherwise.
[(b) A party to a suit under this chapter who fails to make a
timely motion to dismiss the suit under this subchapter waives the
right to object to the court's failure to dismiss the suit. A
motion to dismiss under this subsection is timely if the motion is
made before the trial on the merits commences.]
SECTION 29. Section 263.403, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) Notwithstanding Section 263.401, the court may retain
jurisdiction and not dismiss the suit or render a final order as
required by that section if the court renders a temporary order
that:
(1) finds that retaining jurisdiction under this
section is in the best interest of the child;
(2) orders the department to:
(A) return the child to the child's parent; or
(B) transition the child, according to a schedule
determined by the department or court, from substitute care to the
parent while the parent completes the remaining requirements
imposed under a service plan and specified in the temporary order
that are necessary for the child's return;
(3) orders the department to continue to serve as
temporary managing conservator of the child; and
(4) orders the department to monitor the child's
placement to ensure that the child is in a safe environment.
(a-1) Unless the court has granted an extension under
Section 263.401(b), the department or the parent may request the
court to retain jurisdiction for an additional six months as
necessary for a parent to complete the remaining requirements in a
service plan and specified in the temporary order that are
mandatory for the child's return.
(c) If before the dismissal of the suit or the commencement
of the trial on the merits a child placed with a parent under this
section must be moved from that home by the department or the court
renders a temporary order terminating the transition order issued
under Subsection (a)(2)(B) [before the dismissal of the suit or the
commencement of the trial on the merits], the court shall, at the
time of the move or order, schedule a new date for dismissal of the
suit [unless a trial on the merits has commenced]. The new
dismissal date may not be later than the original dismissal date
established under Section 263.401 or the 180th day after the date
the child is moved or the order is rendered under this subsection,
whichever date is later.
SECTION 30. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4055 to read as follows:
Sec. 263.4055. SUPREME COURT RULES. The supreme court by
rule shall establish civil and appellate procedures to address:
(1) conflicts between the filing of a motion for new
trial and the filing of an appeal of a final order rendered under
this chapter; and
(2) the period, including an extension of at least 20
days, for a court reporter to submit the reporter's record of a
trial to an appellate court following a final order rendered under
this chapter.
SECTION 31. Section 263.5031, Family Code, is amended to
read as follows:
Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
At each permanency hearing after the court renders a final order,
the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in notifying persons entitled to notice under Section
263.0021; and
(3) review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) whether the department placed the child with
a relative or other designated caregiver and the continuing
necessity and appropriateness of the placement of the child,
including with respect to a child who has been placed outside of
this state, whether the placement continues to be in the best
interest of the child;
(C) if the child is placed in institutional care,
whether efforts have been made to ensure that the child is placed in
the least restrictive environment consistent with the child's best
interest and special needs;
(D) the appropriateness of the primary and
alternative permanency goals for the child, whether the department
has made reasonable efforts to finalize the permanency plan,
including the concurrent permanency goals, in effect for the child,
and whether:
(i) the department has 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; or
(ii) another permanent placement,
including appointing a relative as permanent managing conservator
or returning the child to a parent, is appropriate for the child;
(E) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child; and
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(F) if the child is 14 years of age or older,
whether services that are needed to assist the child in
transitioning from substitute care to independent living are
available in the child's community;
(G) whether the child is receiving appropriate
medical care and has been provided the opportunity, in a
developmentally appropriate manner, to express the child's opinion
on any medical care provided;
(H) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(I) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there are major changes in
the child's school performance or there have been serious
disciplinary events;
(J) for a child for whom the department has been
named managing conservator in a final order that does not include
termination of parental rights, whether to order the department to
provide services to a parent for not more than six months after the
date of the permanency hearing if:
(i) the child has not been placed with a
relative or other individual, including a foster parent, who is
seeking permanent managing conservatorship of the child; and
(ii) the court determines that further
efforts at reunification with a parent are:
(a) in the best interest of the child;
and
(b) likely to result in the child's
safe return to the child's parent; and
(K) whether the department has identified a
family or other caring adult who has made a permanent commitment to
the child.
SECTION 32. Section 264.0111(a), Family Code, is amended to
read as follows:
(a) A child for whom the department has been appointed
managing conservator and who has been placed by the department in a
residential [foster home or] child-care facility [institution] as
defined by Chapter 42, Human Resources Code, is entitled to keep any
money earned by the child during the time of the child's placement.
SECTION 33. Section 264.018, Family Code, is amended by
adding Subsection (d-1) and amending Subsection (f) to read as
follows:
(d-1) As soon as possible but not later than 24 hours after a
change in placement of a child in the conservatorship of the
department, the department shall give notice of the placement
change to the managed care organization that contracts with the
commission to provide health care services to the child under the
STAR Health program. The managed care organization shall give
notice of the placement change to the primary care physician listed
in the child's health passport before the end of the second business
day after the day the organization receives the notification from
the department.
(f) Except as provided by Subsection (d-1), as [As] soon as
possible but not later than the 10th day after the date the
department becomes aware of a significant event affecting a child
in the conservatorship of the department, the department shall
provide notice of the significant event to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee;
(6) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(7) any other person determined by a court to have an
interest in the child's welfare.
SECTION 34. Sections 264.751(1) and (3), Family Code, are
amended to read as follows:
(1) "Designated caregiver" means an individual who has
a longstanding and significant relationship with a child for whom
the department has been appointed managing conservator and who:
(A) is appointed to provide substitute care for
the child, but is not [licensed by the department or] verified by a
licensed child-placing agency [or the department] to operate an [a
foster home, foster group home,] agency foster home[, or agency
foster group home] under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
(3) "Relative caregiver" means a relative who:
(A) provides substitute care for a child for whom
the department has been appointed managing conservator, but who is
not [licensed by the department or] verified by a licensed
child-placing agency [or the department] to operate an [a foster
home, foster group home,] agency foster home[, or agency foster
group home] under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
SECTION 35. Section 264.760, Family Code, is amended to
read as follows:
Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
this subchapter, a relative or other designated caregiver who
becomes [licensed by the department or] verified by a licensed
child-placing agency [or the department] to operate an [a foster
home, foster group home,] agency foster home[, or agency foster
group home] under Chapter 42, Human Resources Code, may receive
foster care payments in lieu of the benefits provided by this
subchapter, beginning with the first month in which the relative or
other designated caregiver becomes licensed or is verified.
SECTION 36. Section 264.8521, Family Code, is amended to
read as follows:
Sec. 264.8521. NOTICE TO APPLICANTS. At the time a person
applies to become [licensed by the department or] verified by a
licensed child-placing agency [or the department] to provide foster
care in order to qualify for the permanency care assistance
program, the department or the child-placing agency shall:
(1) notify the applicant that a background check,
including a criminal history record check, will be conducted on the
individual; and
(2) inform the applicant about criminal convictions
that:
(A) preclude an individual from becoming a
[licensed foster home or] verified agency foster home; and
(B) may also be considered in evaluating the
individual's application.
SECTION 37. The heading to Chapter 266, Family Code, is
amended to read as follows:
CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN
CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
[FOSTER CARE]
SECTION 38. Chapter 266, Family Code, is amended by adding
Section 266.005 to read as follows:
Sec. 266.005. FINDING ON HEALTH CARE CONSULTATION. If a
court finds that a health care professional has been consulted
regarding a health care service, procedure, or treatment for a
child in the conservatorship of the department and the court
declines to follow the recommendation of the health care
professional, the court shall make findings in the record
supporting the court's order.
SECTION 39. Section 531.151(3), Government Code, is amended
to read as follows:
(3) "Institution" means:
(A) an ICF-IID, as defined by Section 531.002,
Health and Safety Code;
(B) a group home operated under the authority of
the commission [Department of Aging and Disability Services],
including a residential service provider under a Medicaid waiver
program authorized under Section 1915(c) of the federal Social
Security Act (42 U.S.C. Section 1396n), as amended, that provides
services at a residence other than the child's home or agency foster
home;
(C) [a foster group home or an agency foster
group home as defined by Section 42.002, Human Resources Code;
[(D)] a nursing facility;
(D) [(E)] a general residential operation for
children with an intellectual disability that is licensed by the
commission [Department of Family and Protective Services]; or
(E) [(F)] another residential arrangement other
than a foster home as defined by Section 42.002, Human Resources
Code, that provides care to four or more children who are unrelated
to each other.
SECTION 40. (a) Subchapter A, Chapter 533, Government
Code, is amended by adding Section 533.0056 to read as follows:
Sec. 533.0056. STAR HEALTH PROGRAM: NOTIFICATION OF
PLACEMENT CHANGE. A contract between a managed care organization
and the commission for the organization to provide health care
services to recipients under the STAR Health program must require
the organization to ensure continuity of care for a child whose
placement has changed by:
(1) notifying each specialist treating the child of
the placement change; and
(2) coordinating the transition of care from the
child's previous treating primary care physician and treating
specialists to the child's new treating primary care physician and
treating specialists, if any.
(b) The changes in law made by this section apply only to a
contract for the provision of health care services under the STAR
Health program between the Health and Human Services Commission and
a managed care organization under Chapter 533, Government Code,
that is entered into, renewed, or extended on or after the effective
date of this section.
(c) If before implementing Section 533.0056, Government
Code, as added by this section, the Health and Human Services
Commission determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the
health and human services agency affected by the provision shall
request the waiver or authorization and may delay implementing that
provision until the waiver or authorization is granted.
SECTION 41. Effective September 1, 2018, Section 572.001,
Health and Safety Code, is amended by amending Subsection (c) and
adding Subsections (c-2), (c-3), and (c-4) to read as follows:
(c) A person or agency appointed as the guardian or a
managing conservator of a person younger than 18 years of age and
acting as an employee or agent of the state or a political
subdivision of the state may request admission of the person
younger than 18 years of age to an inpatient mental health facility
[only with the person's consent. If the person does not consent,
the person may be admitted for inpatient services] only as provided
by Subsection (c-2) or pursuant to an application for court-ordered
mental health services or emergency detention or an order for
protective custody.
(c-2) The Department of Family and Protective Services may
request the admission to an inpatient mental health facility of a
minor in the managing conservatorship of that department only if a
physician states the physician's opinion, and the detailed reasons
for that opinion, that the minor is a person:
(1) with mental illness or who demonstrates symptoms
of a serious emotional disorder; and
(2) who presents a risk of serious harm to self or
others if not immediately restrained or hospitalized.
(c-3) The admission to an inpatient mental health facility
under Subsection (c-2) of a minor in the managing conservatorship
of the Department of Family and Protective Services is a
significant event for purposes of Section 264.018, Family Code, and
the Department of Family and Protective Services shall provide
notice of the significant event:
(1) in accordance with that section to all parties
entitled to notice under that section; and
(2) to the court with continuing jurisdiction before
the expiration of three business days after the minor's admission.
(c-4) The Department of Family and Protective Services
periodically shall review the need for continued inpatient
treatment of a minor admitted to an inpatient mental health
facility under Subsection (c-2). If following the review that
department determines there is no longer a need for continued
inpatient treatment, that department shall notify the facility
administrator designated to detain the minor that the minor may no
longer be detained unless an application for court-ordered mental
health services is filed.
SECTION 42. Section 31.002(b), Human Resources Code, is
amended to read as follows:
(b) In this chapter, the term "dependent child" also applies
to a child:
(1) who meets the specifications set forth in
Subsections (a)(1)-(4);
(2) who has been removed from the home of a relative
specified in Subsection (a)(5) as a result of a judicial
determination that the child's residence there is contrary to his
or her welfare;
(3) whose placement and care are the responsibility of
the Department of Family and Protective Services or an agency with
which the Department of Family and Protective Services has entered
into an agreement for the care and supervision of the child;
(4) who has been placed in a residential [foster home
or] child-care facility [institution] by the Department of Family
and Protective Services; and
(5) for whom the state may receive federal funds for
the purpose of providing foster care in accordance with rules
promulgated by the executive commissioner.
SECTION 43. Section 31.008(d), Human Resources Code, is
amended to read as follows:
(d) The commission may make payments on behalf of a
dependent child residing in a residential [foster family home or a]
child-care facility [institution] in accordance with the
provisions of this chapter and commission rules.
SECTION 44. Section 42.002, Human Resources Code, is
amended by amending Subdivisions (4), (5), (6), (10), (11), (12),
(13), and (19) and adding Subdivision (24) to read as follows:
(4) "General residential operation" means a
child-care facility that provides care for seven or more [than 12]
children for 24 hours a day, including facilities known as
[children's homes, halfway houses,] residential treatment centers
and[,] emergency shelters[, and therapeutic camps].
(5) "Continuum-of-care residential operation" means a
group of residential child-care facilities that operate under the
same license or certification to provide a continuum of services to
children ["Foster group home" means a child-care facility that
provides care for 7 to 12 children for 24 hours a day].
(6) "Cottage [Foster] home operation" means cottage
family homes that:
(A) are identified on the operation's license;
(B) share a child-care administrator who is
responsible for oversight for all homes within the operation; and
(C) are all in or near the same location as
defined by department rule [a child-care facility that provides
care for not more than six children for 24 hours a day].
(10) "Cottage family home" means a family residential
setting with one or more homes operating under the license of a
cottage home operation and in which:
(A) each home has at least one houseparent who
lives at the home while children are in care; and
(B) based on the size of the home and the
children's needs, each home cares for not more than six children
["Agency foster group home" means a facility that provides care for
seven to 12 children for 24 hours a day, is used only by a licensed
child-placing agency, and meets department standards].
(11) "Agency foster home" means a facility that
provides care for not more than six children for 24 hours a day, is
used only by a licensed child-placing agency or continuum-of-care
residential operation, and meets department standards.
(12) "Child-placing agency" means a person, including
an organization, other than the natural parents or guardian of a
child who plans for the placement of or places a child in a
child-care facility, agency foster home, [agency foster group
home,] or adoptive home.
(13) "Facilities" includes child-care facilities,
[and] child-placing agencies, and continuum-of-care residential
operations.
(19) "Residential child-care facility" means a
facility licensed or certified by the department that operates for
all of the 24-hour day. The term includes general residential
operations, child-placing agencies, specialized child-care [foster
group] homes, cottage home operations [foster homes],
continuum-of-care residential operations [agency foster group
homes], and agency foster homes.
(24) "Specialized child-care home" means a child-care
facility that:
(A) based on the size of the home and the
children's needs, provides care for not more than six children for
24 hours a day; and
(B) has a director and has at least one
houseparent who lives at the home while children are in care.
SECTION 45. Subchapter A, Chapter 42, Human Resources Code,
is amended by adding Section 42.0031 to read as follows:
Sec. 42.0031. REFERENCE TO PART OF CONTINUUM-OF-CARE
OPERATION. With respect to a continuum-of-care operation, a
reference in this code or in any other law to a type of residential
child-care facility that is a part of a continuum-of-care operation
shall be construed as a reference to that portion of the
continuum-of-care operation, and the department may take all
regulatory action with respect to the continuum-of-care operation
that the department could take with respect to the type of
residential child-care facility, as further specified in
department rule.
SECTION 46. Section 42.041(b), Human Resources Code, is
amended to read as follows:
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home [or agency foster group
home];
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are attending
religious services, shopping, or engaging in other activities,
including retreats or classes for religious instruction, on or near
the premises, that does not advertise as a child-care facility or
day-care center, and that informs parents that it is not licensed by
the state;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a religious
organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services;
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) an educational facility that is accredited by the
Texas Education Agency, the Southern Association of Colleges and
Schools, or an accreditation body that is a member of the Texas
Private School Accreditation Commission and that operates
primarily for educational purposes for prekindergarten and above, a
before-school or after-school program operated directly by an
accredited educational facility, or a before-school or
after-school program operated by another entity under contract with
the educational facility, if the Texas Education Agency, the
Southern Association of Colleges and Schools, or the other
accreditation body, as applicable, has approved the curriculum
content of the before-school or after-school program operated under
the contract;
(8) an educational facility that operates solely for
educational purposes for prekindergarten through at least grade
two, that does not provide custodial care for more than one hour
during the hours before or after the customary school day, and that
is a member of an organization that promulgates, publishes, and
requires compliance with health, safety, fire, and sanitation
standards equal to standards required by state, municipal, and
county codes;
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private school
accredited by the Texas Education Agency, that offers educational
programs through grade six, and that does not provide custodial
care during the hours before or after the customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers an
educational program in one or more of the
following: prekindergarten through at least grade three,
elementary grades, or secondary grades;
(12) an emergency shelter facility, other than a
facility that would otherwise require a license as a child-care
facility under this section, that provides shelter or care to a
minor and the minor's child or children, if any, under Section
32.201, Family Code, if the facility:
(A) is currently under a contract with a state or
federal agency; or
(B) meets the requirements listed under Section
51.005(b)(3);
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, a juvenile facility
providing services solely for the Texas Juvenile Justice
Department, or any other correctional facility for children
operated or regulated by another state agency or by a political
subdivision of the state;
(14) an elementary-age (ages 5-13) recreation program
operated by a municipality provided the governing body of the
municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided
to the parents of each program participant, and that the ordinances
shall include, at a minimum, staffing ratios, minimum staff
qualifications, minimum facility, health, and safety standards,
and mechanisms for monitoring and enforcing the adopted local
standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be
advertised as a child-care facility;
(15) an annual youth camp held in a municipality with a
population of more than 1.5 million that operates for not more than
three months and that has been operated for at least 10 years by a
nonprofit organization that provides care for the homeless;
(16) a food distribution program that:
(A) serves an evening meal to children two years
of age or older; and
(B) is operated by a nonprofit food bank in a
nonprofit, religious, or educational facility for not more than two
hours a day on regular business days;
(17) a child-care facility that operates for less than
three consecutive weeks and less than 40 days in a period of 12
months;
(18) a program:
(A) in which a child receives direct instruction
in a single skill, talent, ability, expertise, or proficiency;
(B) that does not provide services or offerings
that are not directly related to the single talent, ability,
expertise, or proficiency;
(C) that does not advertise or otherwise
represent that the program is a child-care facility, day-care
center, or licensed before-school or after-school program or that
the program offers child-care services;
(D) that informs the parent or guardian:
(i) that the program is not licensed by the
state; and
(ii) about the physical risks a child may
face while participating in the program; and
(E) that conducts background checks for all
program employees and volunteers who work with children in the
program using information that is obtained from the Department of
Public Safety;
(19) an elementary-age (ages 5-13) recreation program
that:
(A) adopts standards of care, including
standards relating to staff ratios, staff training, health, and
safety;
(B) provides a mechanism for monitoring and
enforcing the standards and receiving complaints from parents of
enrolled children;
(C) does not advertise as or otherwise represent
the program as a child-care facility, day-care center, or licensed
before-school or after-school program or that the program offers
child-care services;
(D) informs parents that the program is not
licensed by the state;
(E) is organized as a nonprofit organization or
is located on the premises of a participant's residence;
(F) does not accept any remuneration other than a
nominal annual membership fee;
(G) does not solicit donations as compensation or
payment for any good or service provided as part of the program; and
(H) conducts background checks for all program
employees and volunteers who work with children in the program
using information that is obtained from the Department of Public
Safety;
(20) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the caretaker:
(A) had a prior relationship with the child or
sibling group or other family members of the child or sibling group;
(B) does not care for more than one unrelated
child or sibling group;
(C) does not receive compensation or solicit
donations for the care of the child or sibling group; and
(D) has a written agreement with the parent to
care for the child or sibling group;
(21) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which:
(A) the department is the managing conservator of
the child or sibling group;
(B) the department placed the child or sibling
group in the caretaker's home; and
(C) the caretaker had a long-standing and
significant relationship with the child or sibling group before the
child or sibling group was placed with the caretaker;
(22) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the child is in
the United States on a time-limited visa under the sponsorship of
the caretaker or of a sponsoring organization; [or]
(23) a facility operated by a nonprofit organization
that:
(A) does not otherwise operate as a child-care
facility that is required to be licensed under this section;
(B) provides emergency shelter and care for not
more than 15 days to children 13 years of age or older but younger
than 18 years of age who are victims of human trafficking alleged
under Section 20A.02, Penal Code;
(C) is located in a municipality with a
population of at least 600,000 that is in a county on an
international border; and
(D) meets one of the following criteria:
(i) is licensed by, or operates under an
agreement with, a state or federal agency to provide shelter and
care to children; or
(ii) meets the eligibility requirements for
a contract under Section 51.005(b)(3); or
(24) a facility that provides respite care exclusively
for a local mental health authority under a contract with the local
mental health authority.
SECTION 47. Section 42.042, Human Resources Code, is
amended by amending Subsections (e-1), (g), and (h-1) and adding
Subsection (s) to read as follows:
(e-1) The department may not prohibit possession of
lawfully permitted firearms and ammunition in [a foster home of any
type, including a foster group home, a foster home, an agency foster
group home, and] an agency foster home. Minimum standards may be
adopted under this section relating to safety and proper storage of
firearms and ammunition, including standards requiring firearms
and ammunition to be stored separately in locked locations.
(g) In promulgating minimum standards the executive
commissioner may recognize and treat differently the types of
services provided by the following:
(1) registered family homes;
(2) child-care facilities, including general
residential operations, cottage home operations [foster group
homes], specialized child-care [foster] homes, group day-care
homes, and day-care centers;
(3) child-placing agencies;
(4) agency foster homes;
(5) continuum-of-care residential operations [agency
foster group homes];
(6) before-school or after-school programs; and
(7) school-age programs.
(h-1) The executive commissioner shall adopt rules
governing:
(1) the placement and care of children by a
child-placing agency, as necessary to ensure the health and safety
of those children;
(2) the verification and monitoring of agency foster
homes[, agency foster group homes,] and adoptive homes by a
child-placing agency; and
(3) if appropriate, child-placing agency staffing
levels, office locations, and administration.
(s) A continuum-of-care residential operation shall ensure
that each residential child-care facility operating under the
operation's license complies with this chapter and any standards
and rules adopted under this chapter that apply to the facility.
The executive commissioner by rule may prescribe the actions a
continuum-of-care residential operation must take to comply with
the minimum standards for each facility type.
SECTION 48. Section 42.0421(e), Human Resources Code, is
amended to read as follows:
(e) In addition to other training required by this section,
the executive commissioner by rule shall require an owner,
operator, or employee of a day-care center, group day-care home,
registered family home, general residential operation, cottage
home operation [foster group home], or specialized child-care
[agency foster group] home who transports a child under the care of
the facility whose chronological or developmental age is younger
than nine years of age to complete at least two hours of annual
training on transportation safety.
SECTION 49. Section 42.044(e), Human Resources Code, is
amended to read as follows:
(e) In addition to the department's responsibility to
investigate an agency foster home [or agency foster group home]
under Subsection (c), the department shall:
(1) periodically conduct inspections of a random
sample of agency foster homes [and agency foster group homes];
(2) investigate any report of a serious incident in an
agency foster home [or agency foster group home] that pertains to a
child under the age of six;
(3) investigate any alleged violation of a minimum
standard by an agency foster home [or agency foster group home] that
poses a high degree of risk to a child in the care of the home who is
under the age of six; and
(4) conduct at least one annual enforcement team
conference for each child-placing agency to thoroughly review the
investigations or inspections of the child-placing agency and all
of its agency foster homes to monitor and enforce compliance by a
child-placing agency with rules and standards established under
Section 42.042.
SECTION 50. Section 42.0448, Human Resources Code, is
amended to read as follows:
Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The
department shall notify a child-placing agency or a
continuum-of-care residential operation that includes a
child-placing agency of each family violence report the department
receives under Article 5.05, Code of Criminal Procedure, that:
(1) occurred at an agency foster home [verified by the
child-placing agency]; or
(2) involves a person who resides at an agency foster
home [verified by the child-placing agency].
SECTION 51. Section 42.0449, Human Resources Code, is
amended to read as follows:
Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY
VIOLENCE CALL. The executive commissioner shall adopt rules
specifying the actions that the department, [an independent foster
home, and] a child-placing agency, and a continuum-of-care
residential operation that includes a child-placing agency shall
take after receiving notice of a family violence report under
Article 5.05, Code of Criminal Procedure, or Section 42.0448 to
ensure the health, safety, and welfare of each child residing in the
[licensed foster home or] verified agency foster home.
SECTION 52. Section 42.045(d), Human Resources Code, is
amended to read as follows:
(d) A [An independent foster home and a] child-placing
agency shall notify the department of any change of address for an
[a licensed foster home or a verified] agency foster home. The
[independent foster home and] child-placing agency shall notify the
department of the address change within the earlier of two business
days or 72 hours of the date the agency foster home changes its
address.
SECTION 53. The heading to Section 42.0451, Human Resources
Code, is amended to read as follows:
Sec. 42.0451. DATABASE OF AGENCY FOSTER HOMES; INFORMATION
PROVIDED TO DEPARTMENT OF PUBLIC SAFETY.
SECTION 54. Sections 42.0451(a) and (c), Human Resources
Code, are amended to read as follows:
(a) The department shall maintain a database of [licensed
foster homes and verified] agency foster homes including the
current address for each agency foster [licensed or verified] home
as reported to the department. The database must be updated on a
regular basis.
(c) The Department of Public Safety shall include the
information provided under Subsection (b) in the Texas Crime
Information Center database and establish a procedure by which a
peace officer or employee of a law enforcement agency who provides
the department with a street address is automatically provided
information as to whether the address is [licensed as a foster home
or] verified as an agency foster home under this chapter.
SECTION 55. Section 42.0452, Human Resources Code, is
amended to read as follows:
Sec. 42.0452. FOSTER PARENT RIGHTS AND RESPONSIBILITIES
STATEMENT. (a) The department shall develop a statement that lists
the rights and responsibilities of a foster parent in [a foster home
or] an agency foster home and [of the department or] a child-placing
agency, as applicable.
(b) The department shall provide a written copy of the
statement developed under Subsection (a) to each foster parent in
an agency [a] foster home and to each child-placing agency licensed
by the department. A child-placing agency shall provide a written
copy of the statement developed under Subsection (a) to each foster
parent in an agency foster home verified by the child-placing
agency.
SECTION 56. Section 42.046(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate a child-care
facility, [or] child-placing agency, or continuum-of-care
residential operation or for a listing or registration to operate a
family home shall submit to the department the appropriate fee
prescribed by Section 42.054 and a completed application on a form
provided by the department.
SECTION 57. The heading to Section 42.0461, Human Resources
Code, is amended to read as follows:
Sec. 42.0461. PUBLIC NOTICE AND HEARING [IN CERTAIN
COUNTIES]: RESIDENTIAL CHILD CARE.
SECTION 58. Sections 42.0461(a), (d), and (e), Human
Resources Code, are amended to read as follows:
(a) Before the department may issue a license or certificate
for the operation or the expansion of the capacity [of a foster
group home or foster family home that is located in a county with a
population of less than 300,000 and that provides child care for 24
hours a day at a location other than the actual residence of a
child's primary caretaker or] of a general residential operation, a
cottage home operation, or a continuum-of-care residential
operation that is located in a county with a population of less than
300,000, the applicant for the license, certificate, or expansion
shall, at the applicant's expense:
(1) conduct a public hearing on the application in
accordance with department rules after notifying the department of
the date, time, and location of the hearing; and
(2) publish notice of the application in a newspaper
of general circulation in the community in which the child-care
services are proposed to be provided.
(d) Before issuing a license or certificate described by
Subsection (a), the department shall consider written information
provided by an interested party directly to the department's
representative at the public hearing concerning:
(1) the amount of local resources available to support
children proposed to be served by the applicant;
(2) the impact of the proposed child-care services on
the ratio in the local school district of students enrolled in a
special education program to students enrolled in a regular
education program and the effect, if any, on the children proposed
to be served by the applicant; and
(3) the impact of the proposed child-care services on
the community and the effect on opportunities for social
interaction for the children proposed to be served by the
applicant.
(e) Based on the written information provided to the
department's representative at the public hearing, the [The]
department may deny the application if the department determines
that:
(1) the community has insufficient resources to
support children proposed to be served by the applicant;
(2) granting the application would significantly
increase the ratio in the local school district of students
enrolled in a special education program to students enrolled in a
regular education program and the increase would adversely affect
the children proposed to be served by the applicant; or
(3) granting the application would have a significant
adverse impact on the community and would limit opportunities for
social interaction for the children proposed to be served by the
applicant.
SECTION 59. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0463 to read as follows:
Sec. 42.0463. EXPANSION OF CAPACITY. (a) Notwithstanding
the limitations established by Section 42.002, the department may:
(1) develop, by rule, criteria to determine when it
may be appropriate to exclude children who are related to a
caretaker in determining a residential child-care facility's total
capacity; and
(2) issue an exception in accordance with department
rules allowing an agency foster home, cottage family home, or
specialized child-care home to expand its capacity and care for not
more than eight children.
(b) The department may include children who are related to a
caretaker when determining under Subsection (a)(1) whether a
residential child-care facility complies with the standards
relating to total capacity or child-to-caregiver ratios for the
facility.
SECTION 60. Section 42.048(e), Human Resources Code, is
amended to read as follows:
(e) A license issued under this chapter is not transferable
and applies only to the operator and facility location stated in the
license application. Except as provided by this subsection, a
change in location or ownership automatically revokes a license. A
change in location of a child-placing agency does not automatically
revoke the license to operate the child-placing agency. A
residential child-care facility operating under the license of a
continuum-of-care residential operation that changes location may
not continue to operate under that license unless the department
approves the new location after the continuum-of-care residential
operation meets all requirements related to the new location.
SECTION 61. Section 42.053, Human Resources Code, is
amended to read as follows:
Sec. 42.053. AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP
HOMES]. (a) An agency foster home [or agency foster group home] is
considered part of the child-placing agency that operates the
agency foster home [or agency foster group home] for purposes of
licensing.
(b) The operator of a licensed agency shall display a copy
of the license in a prominent place in the agency foster home [or
agency foster group home] used by the agency.
(c) An agency foster home [or agency foster group home]
shall comply with all provisions of this chapter and all department
rules and standards that apply to a child-care facility caring for a
similar number of children for a similar number of hours each day.
(d) The department shall revoke or suspend the license of a
child-placing agency if an agency foster home [or agency foster
group home] operated by the licensed agency fails to comply with
Subsection (c).
(e) Before verifying an agency foster home, a child-placing
agency may issue a provisional verification to the home. The
executive commissioner by rule may establish the criteria for a
child-placing agency to issue a provisional verification to a
prospective agency foster home.
(f) If a child-placing agency under contract with the
division to provide services as an integrated care coordinator
places children with caregivers described by Subchapter I, Chapter
264, Family Code, those caregivers are not considered a part of the
child-placing agency for purposes of licensing.
SECTION 62. Section 42.0531, Human Resources Code, is
amended 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 63. Sections 42.0535(a), (b), (d), and (e), Human
Resources Code, are amended to read as follows:
(a) A child-placing agency that seeks to verify an agency
foster home [or an agency group home] shall request background
information about the agency foster home [or group home] from a
child-placing agency that has previously verified the home as an
[that] agency foster home or agency foster group home.
(b) Notwithstanding Section 261.201, Family Code, a
child-placing agency that has verified an agency foster home or an
agency foster group home is required to release to another
child-placing agency background information requested under
Subsection (a).
(d) For purposes of this section, background information
means the home study under which the agency foster home or agency
foster group home was verified by the previous child-placing agency
and any record of noncompliance with state minimum standards
received and the resolution of any such noncompliance by the
previous child-placing agency.
(e) The executive commissioner by rule shall develop a
process by which a child-placing agency shall report to the
department:
(1) the name of any agency [verified] foster home [or
foster group home] that has been closed for any reason, including a
voluntary closure;
(2) information regarding the reasons for the closure
of the agency foster home [or foster group home]; and
(3) the name and other contact information of a person
who may be contacted by another child-placing agency to obtain the
records relating to the closed agency foster home [or foster group
home] that are required to be maintained and made available under
this section.
SECTION 64. Sections 42.054(a), (b), (d), and (g), Human
Resources Code, are amended to read as follows:
(a) The department shall charge an applicant a
nonrefundable application fee for an initial license to operate a
child-care facility, [or] a child-placing agency, or a
continuum-of-care residential operation.
(b) The department shall charge each child-care facility a
fee for an initial license. The department shall charge each
child-placing agency and continuum-of-care residential operation a
fee for an initial license.
(d) The department shall charge each licensed child-placing
agency and continuum-of-care residential operation an annual
license fee. The fee is due on the date on which the department
issues the [child-placing agency's] initial license to the
child-placing agency or continuum-of-care residential operation
and on the anniversary of that date.
(g) The provisions of Subsections (b) through (f) do not
apply to:
(1) [licensed foster homes and licensed foster group
homes;
[(2)] nonprofit facilities regulated under this
chapter that provided 24-hour care for children in the managing
conservatorship of the department during the 12-month period
immediately preceding the anniversary date of the facility's
license;
(2) [(3)] facilities operated by a nonprofit
corporation or foundation that provides 24-hour residential care
and does not charge for the care provided; or
(3) [(4)] a family home listed under Section 42.0523
in which the relative child-care provider cares for the child in the
child's own home.
SECTION 65. Section 42.0561, Human Resources Code, is
amended to read as follows:
Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE
REPORTS. Before [the department may issue a license or
registration for a foster home or] a child-placing agency may issue
a verification certificate for an agency foster home, the
[department or] child-placing agency must obtain information
relating to each family violence report at the applicant's
residence to which a law enforcement agency responded during the 12
months preceding the date of the application. The applicant shall
provide the information on a form prescribed by the department.
SECTION 66. Section 42.063(d), Human Resources Code, is
amended to read as follows:
(d) An employee or volunteer of a general residential
operation, child-placing agency, continuum-of-care residential
operation, cottage home operation [foster home], or specialized
child-care [foster group] home shall report any serious incident
directly to the department if the incident involves a child under
the care of the operation, agency, or home.
SECTION 67. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.066 to read as follows:
Sec. 42.066. REQUIRED SUBMISSION OF INFORMATION REQUESTED
BY COURT. A general residential operation that provides mental
health treatment or services to a child in the managing
conservatorship of the department shall timely submit to the court
in a suit affecting the parent-child relationship under Subtitle E,
Title 5, Family Code, all information requested by that court.
SECTION 68. The heading to Section 25.07, Penal Code, is
amended to read as follows:
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
OR ABUSE, STALKING, OR TRAFFICKING CASE.
SECTION 69. Section 25.07(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence, sexual assault or abuse,
stalking, or trafficking case and related to the safety of a victim
or the safety of the community, an order issued under Chapter 7A,
Code of Criminal Procedure, an order issued under Article 17.292,
Code of Criminal Procedure, an order issued under Section 6.504,
Family Code, Chapter 83, Family Code, if the temporary ex parte
order has been served on the person, [or] Chapter 85, Family Code,
or Subchapter F, Chapter 261, Family Code, or an order issued by
another jurisdiction as provided by Chapter 88, Family Code, the
person knowingly or intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order or
condition of bond; or
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system.
SECTION 70. The heading to Section 25.072, Penal Code, is
amended to read as follows:
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
SECTION 71. Sections 42.0461(f) and (g), Human Resources
Code, are repealed.
SECTION 72. (a) In this section:
(1) "Attorney ad litem" has the meaning assigned by
Section 107.001, Family Code.
(2) "Commission" means the Permanent Judicial
Commission for Children, Youth and Families established by the
supreme court.
(b) The commission shall study the appointment and use of
attorneys ad litem in cases involving the Department of Family and
Protective Services. The commission shall:
(1) examine:
(A) the method for appointing attorneys ad litem;
(B) the oversight and accountability measures
used across the state to monitor attorneys ad litem;
(C) the methods by which qualifications for
appointment as an attorney ad litem and training requirements for
an attorney ad litem are established and enforced;
(D) the timing of and duration of appointments;
(E) the rate of compensation for appointments and
the method for establishing compensation rates across the state;
(F) the quality of representation and methods for
assessing performance of attorneys ad litem;
(G) the pretrial and posttrial client
satisfaction with representation by attorneys ad litem
representing parents and attorneys ad litem representing children;
(H) organizational studies and national
standards related to the workload of attorneys ad litem;
(I) the best practices for attorneys ad litem;
and
(J) the estimated and average costs associated
with legal representation by an attorney ad litem per child
compared with the costs associated with foster care per child;
(2) conduct a survey of attorneys ad litem about the
attorney's training, including:
(A) the attorney's legal education;
(B) whether the attorney is certified as a
specialist by the Texas Board of Legal Specialization in any area of
law; and
(C) the professional standards followed by the
attorney;
(3) perform a statistical analysis of the data and
information collected under Subdivisions (1) and (2) of this
subsection; and
(4) develop policy recommendations for improving the
attorney ad litem appointment process.
(c) The commission shall prepare a report based on the
findings of the study conducted under this section and shall submit
the report to each member of the legislature not later than
September 1, 2018.
SECTION 73. (a) The changes in law made by this Act apply
only to a service plan filed for a full adversary hearing held under
Section 262.201, Family Code, or a status hearing held under
Chapter 263, Family Code, on or after January 1, 2018. A hearing
held before that date is governed by the law in effect immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
(b) The changes made by this Act to Section 263.401, Family
Code, apply only to a suit affecting the parent-child relationship
pending in a trial court on the effective date of this Act or filed
on or after the effective date of this Act. A suit affecting the
parent-child relationship in which a final order is rendered before
the effective date of this Act is governed by the law in effect on
the date the order was rendered, and the former law is continued in
effect for that purpose.
(c) Except as otherwise provided by this section, the
changes in law made by this Act apply only to a suit affecting the
parent-child relationship filed on or after the effective date of
this Act. A suit affecting the parent-child relationship filed
before the effective date of this Act is subject to the law in
effect at the time the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 74. Subchapter F, Chapter 261, Family Code, as
added by this Act, Section 262.206, Family Code, as added by this
Act, Section 572.001, Health and Safety Code, as amended by this
Act, and Section 25.07(a), Penal Code, as amended by this Act, take
effect only if a specific appropriation for the implementation of
those sections is provided in a general appropriations act of the
85th Legislature.
SECTION 75. Subject to an appropriation of funds for this
purpose, the executive commissioner of the Health and Human
Services Commission shall adopt minimum standards related to
continuum-of-care operations, cottage home operations, and
specialized child-care homes as provided by Section 42.042, Human
Resources Code, as amended by this Act, as soon as practicable after
the effective date of this Act.
SECTION 76. (a) The executive commissioner of the Health
and Human Services Commission shall develop and implement a
procedure by which a residential child-care facility that holds a
license or certification issued under Chapter 42, Human Resources
Code, may convert the license or certification to a new type of
residential child-care facility license or certification created
by this Act.
(b) With respect to a residential child-care facility
converting a license or certification under Subsection (a) of this
section, the Health and Human Services Commission may waive
requirements for an initial inspection, an initial background and
criminal history check, or a family violence report, or for notice
and hearing if the commission determines that previous inspections,
background and criminal history checks, family violence reports, or
notice and hearing, as applicable, were conducted and are
sufficient to ensure the safety of children receiving care at the
residential child-care facility converting a license or
certification.
SECTION 77. (a) The executive commissioner of the Health
and Human Services Commission shall develop and implement a
procedure that requires a foster home or a foster group home that
holds a license issued by the Department of Family and Protective
Services under Chapter 42, Human Resources Code, before September
1, 2017, to convert the license to another residential child-care
facility license issued under Chapter 42, Human Resources Code, or
relinquish the license.
(b) With respect to a foster home or foster group home
converting a license under Subsection (a) of this section, the
Health and Human Services Commission may waive requirements for an
initial inspection, an initial background and criminal history
check, or a family violence report, or for notice and hearing if the
commission determines that previous inspections, background and
criminal history checks, family violence reports, or notice and
hearing, as applicable, were conducted and are sufficient to ensure
the safety of children receiving care at the foster home or foster
group home converting a license or certification.
(c) The Department of Family and Protective Services may not
issue a license or certification to a foster home or foster group
home after August 31, 2017.
(d) A foster home or a foster group home that was licensed by
the department before September 1, 2017, may continue to operate
under the law as it existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose,
until each foster home and foster group home has been converted to
another residential child-care facility license or the license has
been relinquished.
SECTION 78. (a) The executive commissioner of the Health
and Human Services Commission shall develop and implement a
procedure that requires a child-placing agency that verified,
before September 1, 2017, an agency foster group home according to
the Minimum Standards for Child-Placing Agencies to convert the
agency foster group home to an agency foster home or to close the
agency foster group home.
(b) With respect to a child-placing agency converting an
agency foster group home under Subsection (a) of this section, the
Health and Human Services Commission may waive requirements for an
initial inspection, an initial background and criminal history
check, or a family violence report, if the commission determines
that previous inspections, background and criminal history checks,
or family violence reports, as applicable, were conducted and are
sufficient to ensure the safety of children receiving care at the
agency foster home.
(c) A child-placing agency may not verify an agency foster
group home after August 31, 2017.
(d) An agency foster group home that was verified by a
child-placing agency before September 1, 2017, may continue to
operate under the child-placing agency that verified the home and
under the law as it existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose,
until each agency foster group home has been converted to a verified
foster home or has been closed.
SECTION 79. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 7 was passed by the House on May 9,
2017, by the following vote: Yeas 145, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 7 on May 26, 2017, by the following vote: Yeas 140, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 7 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor