Bill Text: TX SB1643 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to mandatory dismissal deadlines and extended jurisdiction in suits affecting the parent-child relationship to which the Department of Family and Protective Services is a party.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-05-16 - Referred to Judiciary & Civil Jurisprudence [SB1643 Detail]

Download: Texas-2011-SB1643-Engrossed.html
 
 
  By: Uresti S.B. No. 1643
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to mandatory dismissal deadlines and extended
  jurisdiction in suits affecting the parent-child relationship to
  which the Department of Family and Protective Services is a party.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 201.2041, Family Code,
  is amended to read as follows:
         (b)  Regardless of whether a de novo hearing is requested
  before the referring court, [a proposed order or judgment rendered
  by an associate judge that meets the requirements of Section
  263.401(d) is considered a final order] for purposes of Section
  263.401, the suit is not required to be dismissed if the associate
  judge commences the trial on the merits prior to the applicable
  deadline for dismissal.
         SECTION 2.  Section 263.401, Family Code, is amended by
  adding Subsection (b-1) and amending Subsection (c) to read as
  follows:
         (b-1)  If, after commencement of the initial trial on the
  merits in the time described by Subsection (a) or (b), the court
  grants a motion for new trial or a mistrial, the court may retain
  the suit on the court's docket.  If the court retains the suit on the
  court's docket, the court shall render an order in which the court:
               (1)  schedules a new date, not later than the 180th day
  after the date the motion for new trial or mistrial is granted, on
  which the suit will be dismissed if the new trial has not commenced;
               (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 to commence on a date
  not later than the date specified under Subdivision (1).
         (c)  If the court grants an extension under Subsection (b) or
  a new trial or mistrial under Subsection (b-1) but does not commence
  the trial on the merits before the required new date for dismissal
  [under Subsection (b)], the court shall dismiss the suit. The court
  may not grant an additional extension that extends the suit beyond
  the required date for dismissal under Subsection (b) or (b-1).
         SECTION 3.  Section 263.403, Family Code, is amended by
  adding Subsections (c-1) and (c-2) to read as follows:
         (c-1)  If, after commencement of the initial trial on the
  merits in the times described by Subsection (b) or (c), the court
  grants a motion for new trial or a mistrial, the court may retain
  the suit on the court's docket. If the court retains the suit on the
  court's docket, the court shall render an order in which the court:
               (1)  schedules a new date, not later than the 180th day
  after the date the motion for new trial or mistrial is granted, on
  which the suit will be dismissed if the new trial has not commenced;
               (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 to commence on a date
  not later than the date specified under Subdivision (1).
         (c-2)  If the court grants an extension under Subsection (b)
  or (c) or a new trial or mistrial under Subsection (c-1) but does
  not commence the trial on the merits before the required new date
  for dismissal, the court shall dismiss the suit. The court may not
  grant an additional extension that extends the suit beyond the
  required date for dismissal under Subsection (b), (c), or (c-1).
         SECTION 4.  Section 263.601, Family Code, is amended to read
  as follows:
         Sec. 263.601.  DEFINITIONS. In this subchapter:
               (1)  "Foster care" means a voluntary residential living
  arrangement with a foster parent or other residential child-care
  provider that is:
                     (A)  licensed or approved by the department or
  verified by a licensed child-placing agency; and
                     (B)  paid under a contract with the department.
               (2)  "Guardianship services" means the services
  provided by the Department of Aging and Disability Services under
  Subchapter E, Chapter 161, Human Resources Code.
               (3)  "Institution" means a residential facility that is
  operated, licensed, registered, certified, or verified by a state
  agency other than the department. The term includes a residential
  service provider under a Medicaid waiver program authorized under
  Section 1915(c) of the federal Social Security Act that provides
  services at a residence other than the young adult's own home.
               (4)  "Trial independence period" means a period of not
  less than six months, or for such longer period as a court may order
  not to exceed 12 months, during which a young adult exits foster
  care with the option to resume foster care under the continuing
  extended jurisdiction of the court.
               (5)  "Young adult" means a person between 18 and 21
  years of age who:
                     (A)  was in the conservatorship of the department
  on the day before the person's 18th birthday; and
                     (B)  after the person's 18th birthday, resides in
  foster care or receives transitional living services from the
  department.
         SECTION 5.  Section 263.602, Family Code, is amended to read
  as follows:
         Sec. 263.602.  EXTENDED JURISDICTION AND TRIAL INDEPENDENCE
  FOR YOUTH IN EXTENDED FOSTER CARE.  (a)  A court that had
  continuing, exclusive jurisdiction over a young adult on the day
  before the young adult's 18th birthday continues to have extended
  jurisdiction over the young adult and shall retain the case on the
  court's docket while the young adult remains in extended foster
  care and during a trial independence period as described in this
  section.
         (b)  A court with extended jurisdiction of a young adult who
  remains in extended foster care shall conduct periodic extended
  foster care review hearings every six months for the purpose of
  reviewing and making findings regarding the following:
               (1)  whether the young adult's living arrangement is
  safe and appropriate and whether the department has made reasonable
  efforts to place the young adult in the least restrictive
  environment necessary to meet the needs of the young adult;
               (2)  whether the department is making reasonable
  efforts to finalize the permanency plan that is in effect for the
  young adult, including a permanency plan for independent living;
               (3)  for a young adult whose permanency plan is
  independent living, whether:
                     (A)  the young adult participated in the
  development of a plan of service;
                     (B)  the young adult's plan of service reflects
  the independent living skills and appropriate services needed to
  achieve independence by the projected date; and
                     (C)  the young adult is making reasonable progress
  in developing the skills needed to achieve independence by the
  projected date; and
               (4)  whether additional services that the department is
  authorized to provide under statute or department rules or policy,
  either directly or through a contracted service provider, or that
  are available in the community, are needed to meet the needs of the
  young adult.
         (c)  No less than 10 days prior to a scheduled hearing under
  this section, the department shall provide the court with a copy of
  the young adult's plan of service and a court report addressing the
  issues the court is required to review under Subsection (b).
         (d)  Notice of an extended foster care review hearing shall
  be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
  the following persons, each of whom has a right to present evidence
  and be heard at the hearing:
               (1)  the young adult who is the subject of the suit;
               (2)  the department;
               (3)  the foster parent with whom the young adult is
  placed and the licensed administrator of a child-placing agency
  responsible for placing the young adult, if applicable;
               (4)  the director of the residential child-care
  facility or other approved provider with whom the young adult is
  placed, if applicable;
               (5)  each parent of the young adult whose parental
  rights have not been terminated and who still is actively involved
  in the life of the young adult;
               (6)  a legal guardian of the young adult, if
  applicable; and
               (7)  the young adult's attorney ad litem, guardian ad
  litem, and volunteer advocate, the appointment of whom has not been
  previously dismissed by the court.
         (e)  If, after reviewing the young adult's plan of service
  and court report provided under Subsection (c), and any additional
  testimony and evidence presented at the review hearing, the court
  determines that the young adult is entitled to additional services
  under the department's rules or policies, or under a contract with a
  service provider, the court may order the department to take
  appropriate action to ensure that the young adult receives the
  additional services to which the young adult is entitled.
         (f)  A court with extended jurisdiction over a young adult as
  described in Subsection (a) shall continue to have jurisdiction
  over the young adult and shall retain the case on the court's docket
  until the earlier of:
               (1)  six months from the month in which the young adult
  leaves foster care, or up to 12 months from the month in which the
  young adult leaves foster care if so specified in a court order, for
  the purpose of allowing the young adult to pursue a trial
  independence period; or
               (2)  the young adult's 21st birthday.
         (g)  A court with extended jurisdiction as described in this
  section is not required to conduct periodic hearings for a young
  adult during a trial independence period and may not compel a young
  adult who has exited foster care to attend a court hearing [may, at
  the young adult's request, render an order that extends the court's
  jurisdiction over the young adult as provided by this subchapter.
         [(b)     The extended jurisdiction of the court terminates on
  the earlier of:
               [(1)  the young adult's 21st birthday; or
               [(2)     the date the young adult withdraws consent to the
  extension of the court's jurisdiction in writing or in court].
         SECTION 6.  Subchapter G, Chapter 263, Family Code, is
  amended by adding Section 263.6021 to read as follows:
         Sec. 263.6021.  VOLUNTARY EXTENDED JURISDICTION FOR YOUNG
  ADULT RECEIVING TRANSITIONAL LIVING SERVICES.
  (a)  Notwithstanding Section 263.602, a court that had
  jurisdiction over a young adult on the day before the young adult's
  18th birthday may, at the young adult's request, render an order
  that extends the court's jurisdiction beyond the end of a trial
  independence period if the young adult is receiving transitional
  living services from the department.
         (b)  The extended jurisdiction of the court under this
  section terminates on the earlier of:
               (1)  the young adult's 21st birthday; or
               (2)  the date the young adult withdraws consent to the
  extension of the court's jurisdiction in writing or in court.
         (c)  At the request of a young adult who is receiving
  transitional living services from the department and who consents
  to voluntary extension of the court's jurisdiction under this
  section, the court may hold a hearing to review the services the
  young adult is receiving.
         (d)  Before a review hearing scheduled under this section,
  the department must provide the court with a court report
  summarizing the young adult's transitional living services plan,
  services being provided to the young adult under that plan, and the
  young adult's progress in achieving independence.
         (e)  If, after reviewing the court report and any additional
  testimony and evidence presented at the hearing, the court
  determines that the young adult is entitled to additional services
  under the department's rules or policies, or under a contract with a
  service provider, the court may order the department to take
  appropriate action to ensure that the young adult receives the
  additional services to which the young adult is entitled.
         SECTION 7.  Subsections (a) and (c), Section 263.603, Family
  Code, are amended to read as follows:
         (a)  Notwithstanding Section 263.6021 [263.602], if the
  court believes that a young adult may be incapacitated as defined by
  Section 601(14)(B), Texas Probate Code, the court may extend its
  jurisdiction on its own motion without the young adult's consent to
  allow the department to refer the young adult to the Department of
  Aging and Disability Services for guardianship services as required
  by Section 48.209, Human Resources Code.
         (c)  If the Department of Aging and Disability Services
  determines a guardianship is not appropriate, or the court with
  probate jurisdiction denies the application to appoint a guardian,
  the court under Subsection (a) may continue to extend its
  jurisdiction over the young adult only as provided by Section
  263.602 or 263.6021.
         SECTION 8.  Section 263.609, Family Code, is repealed.
         SECTION 9.  The changes in law made by this Act to Sections
  263.401 and 263.403, Family Code, apply to a suit affecting the
  parent-child relationship regardless of when filed.
         SECTION 10.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2011.
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