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.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-05-31 - See remarks for effective date [HB7 Detail]
Download: Texas-2017-HB7-Enrolled.html
H.B. No. 7 |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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; [ |
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(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 [ |
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child remains in the conservatorship of the department, as set by | ||
the court; [ |
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(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 [ |
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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 [ |
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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 [ |
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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[ |
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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) [ |
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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 [ |
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Resources Code. | ||
SECTION 26. Section 263.008(e), Family Code, is amended to | ||
read as follows: | ||
(e) An [ |
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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 [ |
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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 [ |
||
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[ |
||
parties to a suit under this chapter may not extend the deadlines | ||
set by the court under this subchapter by agreement or otherwise. | ||
[ |
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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) [ |
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|
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time of the move or order, schedule a new date for dismissal of the | ||
suit [ |
||
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 [ |
||
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 [ |
||
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 [ |
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licensed child-placing agency [ |
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|
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(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 [ |
||
child-placing agency [ |
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|
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(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 [ |
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child-placing agency [ |
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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 [ |
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licensed child-placing agency [ |
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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 | ||
[ |
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(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 | ||
[ |
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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 [ |
||
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) [ |
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[ |
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(D) [ |
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children with an intellectual disability that is licensed by the | ||
commission [ |
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(E) [ |
||
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 | ||
[ |
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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 [ |
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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 [ |
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child-care facility [ |
||
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 [ |
||
children for 24 hours a day, including facilities known as | ||
[ |
||
and[ |
||
(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 [ |
||
|
||
(6) "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 [ |
||
|
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(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 | ||
[ |
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(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, [ |
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(13) "Facilities" includes child-care facilities, | ||
[ |
||
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 [ |
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|
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continuum-of-care residential operations [ |
||
|
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(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 [ |
||
|
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(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; [ |
||
(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 [ |
||
|
||
|
||
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 [ |
||
|
||
homes, and day-care centers; | ||
(3) child-placing agencies; | ||
(4) agency foster homes; | ||
(5) continuum-of-care residential operations [ |
||
|
||
(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[ |
||
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 [ |
||
[ |
||
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 [ |
||
under Subsection (c), the department shall: | ||
(1) periodically conduct inspections of a random | ||
sample of agency foster homes [ |
||
(2) investigate any report of a serious incident in an | ||
agency foster home [ |
||
child under the age of six; | ||
(3) investigate any alleged violation of a minimum | ||
standard by an agency foster home [ |
||
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 [ |
||
|
||
(2) involves a person who resides at an agency foster | ||
home [ |
||
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, [ |
||
|
||
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 | ||
[ |
||
SECTION 52. Section 42.045(d), Human Resources Code, is | ||
amended to read as follows: | ||
(d) A [ |
||
agency shall notify the department of any change of address for an | ||
[ |
||
[ |
||
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 [ |
||
|
||
current address for each agency foster [ |
||
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 [ |
||
|
||
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 [ |
||
|
||
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 [ |
||
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, [ |
||
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 [ |
||
|
||
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 [ |
||
|
||
|
||
|
||
|
||
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 [ |
||
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 [ |
||
|
||
considered part of the child-placing agency that operates the | ||
agency foster home [ |
||
licensing. | ||
(b) The operator of a licensed agency shall display a copy | ||
of the license in a prominent place in the agency foster home [ |
||
|
||
(c) An agency foster 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 [ |
||
|
||
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 [ |
||
|
||
governing body of a municipality may contract with a child-placing | ||
agency to verify a secure agency foster home [ |
||
|
||
tailored to the needs of children who are victims of trafficking. | ||
(b) A child-placing agency may not verify a secure agency | ||
foster home [ |
||
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 [ |
||
|
||
(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 [ |
||
information about the agency foster home [ |
||
child-placing agency that has previously verified the home as an | ||
[ |
||
(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 [ |
||
|
||
voluntary closure; | ||
(2) information regarding the reasons for the closure | ||
of the agency foster home [ |
||
(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 [ |
||
|
||
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, [ |
||
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 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) [ |
||
|
||
[ |
||
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) [ |
||
corporation or foundation that provides 24-hour residential care | ||
and does not charge for the care provided; or | ||
(3) [ |
||
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 [ |
||
|
||
a verification certificate for an agency foster home, the | ||
[ |
||
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 [ |
||
child-care [ |
||
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 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 |