Bill Text: TX HB707 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain service plans for children in the care of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-20 - Referred to Human Services [HB707 Detail]
Download: Texas-2017-HB707-Introduced.html
85R2697 YDB-D | ||
By: Wu | H.B. No. 707 |
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relating to certain service plans for children in the care of the | ||
Department of Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 262.201, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) If the court finds sufficient evidence to satisfy a | ||
person of ordinary prudence and caution that there is a continuing | ||
danger to the physical health or safety of the child and for the | ||
child to remain in the home is contrary to the welfare of the child, | ||
the court shall: | ||
(1) issue an appropriate temporary order under Chapter | ||
105; | ||
(2) [ |
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father, or relative of the child before the court to: | ||
(A) complete the proposed child placement | ||
resources form provided under Section 261.307; | ||
(B) [ |
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form has not been previously filed with the court;[ |
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(C) provide the Department of Family and | ||
Protective Services with information necessary to locate any other | ||
absent parent, alleged father, or relative of the child; | ||
(3) [ |
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father, or relative of the child before the court that the person's | ||
failure to submit the proposed child placement resources form will | ||
not delay any court proceedings relating to the child; | ||
(4) [ |
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court that parental and custodial rights and duties may be subject | ||
to restriction or to termination unless the parent or parents are | ||
willing and able to provide the child with a safe environment; and | ||
(5) unless the court has waived the requirement of a | ||
service plan on the court's finding of aggravated circumstances | ||
under Section 262.2015, after reviewing the basic service plan | ||
required under Section 262.206 and making any change or | ||
modification the court considers necessary, incorporate the plan | ||
into the order of the court and render any additional appropriate | ||
order to implement or require compliance with the plan. | ||
(c-1) If the court finds that the child requires protection | ||
from family violence by a member of the child's family or household, | ||
the court shall render a protective order under Title 4 for the | ||
child. In this subsection, "family violence" has the meaning | ||
assigned by Section 71.004. | ||
SECTION 2. Subchapter C, Chapter 262, Family Code, is | ||
amended by adding Section 262.206 to read as follows: | ||
Sec. 262.206. BASIC SERVICE PLAN. (a) The Department of | ||
Family and Protective Services shall develop a uniform basic family | ||
service plan to be filed with the court at each full adversary | ||
hearing held under Section 262.201. | ||
(b) The basic service plan must: | ||
(1) be in writing; | ||
(2) specify the primary permanency goal for the child; | ||
(3) state the steps necessary to: | ||
(A) return the child to the child's home if the | ||
child is placed in foster care; | ||
(B) enable the child to remain in the child's | ||
home with the assistance of a service plan if the child's placement | ||
is in the child's home under the department's supervision; or | ||
(C) otherwise provide a safe placement for the | ||
child; | ||
(4) state the basic actions the child's parents must | ||
take to achieve the plan goal during the period of the service plan | ||
and the assistance to be provided to the parents by the department | ||
or other agency toward meeting that goal; | ||
(5) state any basic skill or knowledge that the child's | ||
parents must acquire or learn and any basic behavioral change the | ||
parents must exhibit to achieve the plan goal; | ||
(6) state the initial actions the child's parents must | ||
take to ensure that the child attends school and maintains or | ||
improves the child's academic compliance; | ||
(7) prescribe any other basic condition that the | ||
department determines necessary for the success of the service | ||
plan; and | ||
(8) be printed in English, Spanish, and any other | ||
language the department considers appropriate. | ||
(c) The basic service plan must include the following | ||
statement: | ||
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE | ||
OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE | ||
ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. AT | ||
THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN, MODIFY THE | ||
PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH THE PLAN. IF YOU ARE | ||
UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, | ||
YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR | ||
TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. AT THE INITIAL | ||
COURT HEARING, A JUDGE WILL REVIEW THIS BASIC SERVICE PLAN. | ||
(d) The basic service plan may not include an allegation of | ||
abuse or neglect of the child or a restatement of the facts of the | ||
case. An allegation of abuse or neglect or a restatement of the | ||
facts of the case in a basic service plan is inadmissible in court | ||
as evidence. | ||
(e) Not later than the fifth business day after the date the | ||
full adversary hearing is held under Section 262.201, the | ||
department shall: | ||
(1) make all referrals necessary for the parents to | ||
comply with the parents' responsibilities under the basic service | ||
plan; and | ||
(2) provide to the parents an accurate list of | ||
approved providers who provide those services in the department | ||
region in which the parent resides. | ||
SECTION 3. The heading to Subchapter B, Chapter 263, Family | ||
Code, is amended to read as follows: | ||
SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN | ||
SECTION 4. Sections 263.101, 263.102, and 263.103, Family | ||
Code, are amended to read as follows: | ||
Sec. 263.101. DEPARTMENT TO FILE INDIVIDUALIZED SERVICE | ||
PLAN. Except as provided by Section 262.2015, [ |
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appointing the department as temporary managing conservator of a | ||
child under Chapter 262 and before the date of the status hearing | ||
required under Subchapter C, the department shall file with the | ||
court an individualized [ |
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Sec. 263.102. INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a) | ||
The individualized service plan must: | ||
(1) be specific; | ||
(2) be in writing in a language that the parents | ||
understand, or made otherwise available; | ||
(3) be prepared by the department in conference with | ||
the child's parents; | ||
(4) state appropriate deadlines; | ||
(5) specify the primary permanency goal and at least | ||
one alternative permanency goal; | ||
(6) state steps that are necessary to: | ||
(A) return the child to the child's home if the | ||
placement is in foster care; | ||
(B) enable the child to remain in the child's | ||
home with the assistance of a service plan if the placement is in | ||
the home under the department's supervision; or | ||
(C) otherwise provide a permanent safe placement | ||
for the child; | ||
(7) state the actions and responsibilities that are | ||
necessary for the child's parents to take to achieve the plan goal | ||
during the period of the service plan and the assistance to be | ||
provided to the parents by the department or other agency toward | ||
meeting that goal; | ||
(8) state any specific skills or knowledge that the | ||
child's parents must acquire or learn, as well as any behavioral | ||
changes the parents must exhibit, to achieve the plan goal; | ||
(9) state the actions and responsibilities that are | ||
necessary for the child's parents to take to ensure that the child | ||
attends school and maintains or improves the child's academic | ||
compliance; | ||
(10) state the name of the person with the department | ||
whom the child's parents may contact for information relating to | ||
the child if other than the person preparing the plan; and | ||
(11) prescribe any other term or condition that the | ||
department determines to be necessary to the service plan's | ||
success. | ||
(b) The individualized service plan must [ |
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the following statement: | ||
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ |
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PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE | ||
ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF | ||
YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE | ||
ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE | ||
RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. | ||
AT [ |
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THIS INDIVIDUALIZED SERVICE PLAN, MODIFY THE PLAN IF NECESSARY, | ||
INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE COMPLIANCE | ||
WITH THE PLAN. | ||
(c) The individualized service plan may not include an | ||
allegation of abuse or neglect of the child or a restatement of the | ||
facts of the case. An allegation of abuse or neglect or a | ||
restatement of the facts of the case in an individualized service | ||
plan is inadmissible in the court as evidence. | ||
(c-1) The department shall provide with the individualized | ||
service plan a list of approved providers in the department service | ||
area in which the parent resides of the services necessary for the | ||
parents to comply with the plan. The department shall maintain the | ||
accuracy of the provider list. | ||
(d) The department or other authorized entity must write the | ||
individualized service plan in a manner that is clear and | ||
understandable to the parent in order to facilitate the parent's | ||
ability to follow the requirements of the service plan. | ||
(e) Regardless of whether the goal stated in a child's | ||
individualized service plan as required under Subsection (a)(5) is | ||
to return the child to the child's parents or to terminate parental | ||
rights and place the child for adoption, the department shall | ||
concurrently provide to the child and the child's family, as | ||
applicable: | ||
(1) time-limited family reunification services as | ||
defined by 42 U.S.C. Section 629a for a period not to exceed the | ||
period within which the court must render a final order in or | ||
dismiss the suit affecting the parent-child relationship with | ||
respect to the child as provided by Subchapter E; and | ||
(2) adoption promotion and support services as defined | ||
by 42 U.S.C. Section 629a. | ||
(f) The department shall consult with relevant | ||
professionals to determine the skills or knowledge that the parents | ||
of a child under two years of age should learn or acquire to provide | ||
a safe placement for the child. The department shall incorporate | ||
those skills and abilities into the department's individualized | ||
service plans, as appropriate. | ||
Sec. 263.103. INDIVIDUALIZED [ |
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SIGNING AND TAKING EFFECT. (a) The individualized [ |
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service plan shall be developed jointly by the child's parents and a | ||
representative of the department. The department representative | ||
shall inform[ |
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connection with the service plan process. If a parent is not able | ||
or willing to participate in the development of the service plan, it | ||
should be so noted in the plan. | ||
(a-1) Before the individualized [ |
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signed, the child's parents and the representative of the | ||
department shall discuss each term and condition of the plan. | ||
(b) The child's parents and the person preparing the | ||
individualized [ |
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department shall give each parent a copy of the service plan. | ||
(c) If the department determines that the child's parents | ||
are unable or unwilling to participate in the development of the | ||
individualized [ |
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department may file the plan without the parents' signatures. | ||
(d) The individualized [ |
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when: | ||
(1) the child's parents and the appropriate | ||
representative of the department sign the plan; or | ||
(2) the court issues an order giving effect to the plan | ||
without the parents' signatures. | ||
(e) The individualized [ |
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until amended by the court or as provided under Section 263.104. | ||
SECTION 5. Section 263.105(c), Family Code, is amended to | ||
read as follows: | ||
(c) The court may modify an individualized [ |
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amended service plan at any time. | ||
SECTION 6. Section 263.106, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. After | ||
reviewing the individualized [ |
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and making any changes or modifications it deems necessary, the | ||
court shall incorporate the individualized [ |
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amended service plan into the orders of the court and may render | ||
additional appropriate orders to implement or require compliance | ||
with the [ |
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SECTION 7. (a) The Department of Family and Protective | ||
Services shall develop the uniform basic service plan as required | ||
by Section 262.206, Family Code, as added by this Act, not later | ||
than December 1, 2017. | ||
(b) 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. | ||
SECTION 8. This Act takes effect September 1, 2017. |