Bill Text: TX SB1930 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or qualified residential treatment program.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1930 Detail]
Download: Texas-2023-SB1930-Enrolled.html
S.B. No. 1930 |
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relating to policies and procedures regarding children placed by | ||
the Department of Family and Protective Services in a residential | ||
treatment center or qualified residential treatment program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.002, Family Code, is amended by | ||
amending Subsection (b) and adding Subsection (j) 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: | ||
(A) expressed objectives; and | ||
(B) opinion of and concerns regarding the child's | ||
current or proposed placement; | ||
(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. | ||
(j) If a child is or may be placed in a residential treatment | ||
center as defined by Section 263.001, a qualified residential | ||
treatment program as defined by Section 263.00201, or a similar | ||
treatment setting, the guardian ad litem: | ||
(1) shall: | ||
(A) review any available information regarding | ||
whether the placement is appropriate to meet the child's specific | ||
needs; | ||
(B) meet in person with the child before | ||
providing a recommendation under Paragraph (C); and | ||
(C) provide to the court by report or testimony a | ||
recommendation regarding the placement that is in the best interest | ||
of the child; and | ||
(2) may, as appropriate: | ||
(A) request a placement conference; and | ||
(B) participate in any conferences conducted by | ||
the Department of Family and Protective Services or the child's | ||
treatment team related to initial and ongoing placement in a | ||
residential treatment center, qualified residential treatment | ||
program, or similar treatment setting unless there is good cause | ||
shown for excluding the guardian ad litem. | ||
SECTION 2. Section 107.004, Family Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) If a child is considered for placement in a residential | ||
treatment center as defined by Section 263.001, a qualified | ||
residential treatment program as defined by Section 263.00201, or a | ||
similar treatment setting, the attorney ad litem: | ||
(1) shall: | ||
(A) review any available information related to | ||
the child's needs, including the child and adolescent needs and | ||
strengths assessment, any psychological evaluations, discharge | ||
notices from current or past placements, recent incident reports, | ||
and counseling notes; | ||
(B) review any available information regarding | ||
whether the placement is appropriate to meet the child's specific | ||
needs; | ||
(C) meet with the child before any hearing to | ||
allow the attorney ad litem to: | ||
(i) prepare for the hearing in accordance | ||
with the child's expressed representation objectives; and | ||
(ii) elicit, in a developmentally | ||
appropriate manner, the child's opinion of and concerns regarding | ||
the child's current or proposed placement; | ||
(D) advise the child in a developmentally | ||
appropriate manner regarding the department's request or | ||
recommendation for placement and the likelihood of the request | ||
being granted; and | ||
(E) advocate to the court for the child's | ||
specific desires regarding the requested placement in accordance | ||
with Subsection (a)(2); and | ||
(2) may, as appropriate: | ||
(A) request a placement conference; and | ||
(B) participate in any conferences conducted by | ||
the Department of Family and Protective Services or the child's | ||
treatment team related to initial and ongoing placement in a | ||
residential treatment center, qualified residential treatment | ||
program, or similar treatment setting. | ||
SECTION 3. Section 107.0131(a), Family Code, is amended to | ||
read as follows: | ||
(a) An attorney ad litem appointed under Section 107.013 to | ||
represent the interests of a parent: | ||
(1) shall: | ||
(A) subject to Rules 4.02, 4.03, and 4.04, Texas | ||
Disciplinary Rules of Professional Conduct, and within a reasonable | ||
time after the appointment, interview: | ||
(i) the parent, unless the parent's | ||
location is unknown; | ||
(ii) each person who has significant | ||
knowledge of the case; and | ||
(iii) the parties to the suit; | ||
(B) investigate the facts of the case; | ||
(C) to ensure competent representation at | ||
hearings, mediations, pretrial matters, and the trial on the | ||
merits: | ||
(i) obtain and review copies of all court | ||
files in the suit during the attorney ad litem's course of | ||
representation; and | ||
(ii) when necessary, conduct formal | ||
discovery under the Texas Rules of Civil Procedure or the discovery | ||
control plan; | ||
(D) take any action consistent with the parent's | ||
interests that the attorney ad litem considers necessary to | ||
expedite the proceedings; | ||
(E) encourage settlement and the use of | ||
alternative forms of dispute resolution; | ||
(F) review and sign, or decline to sign, a | ||
proposed or agreed order affecting the parent; | ||
(G) meet before each court hearing with the | ||
parent, unless the court: | ||
(i) finds at that hearing that the attorney | ||
ad litem has shown good cause why the attorney ad litem's compliance | ||
is not feasible; or | ||
(ii) on a showing of good cause, authorizes | ||
the attorney ad litem to comply by conferring with the parent, as | ||
appropriate, by telephone or video conference; | ||
(H) abide by the parent's objectives for | ||
representation; | ||
(I) become familiar with the American Bar | ||
Association's standards of practice for attorneys who represent | ||
parents in abuse and neglect cases; and | ||
(J) complete at least three hours of continuing | ||
legal education relating to representing parents in child | ||
protection cases as described by Subsection (b) as soon as | ||
practicable after the attorney ad litem is appointed, unless the | ||
court finds that the attorney ad litem has experience equivalent to | ||
that education; and | ||
(2) is entitled to: | ||
(A) request clarification from the court if the | ||
role of the attorney ad litem is ambiguous; | ||
(B) request a hearing or trial on the merits; | ||
(C) consent or refuse to consent to an interview | ||
of the parent by another attorney; | ||
(D) receive a copy of each pleading or other | ||
paper filed with the court; | ||
(E) receive notice of each hearing in the suit; | ||
(F) participate in any case staffing conducted by | ||
the Department of Family and Protective Services in which the | ||
parent is invited to participate, including, as appropriate, a case | ||
staffing to develop a family plan of service, a family group | ||
conference, a permanency conference, a mediation, a case staffing | ||
to plan for the discharge and return of the child to the parent, a | ||
case staffing related to a placement in a residential treatment | ||
center or qualified residential treatment program, and any other | ||
case staffing that the department determines would be appropriate | ||
for the parent to attend, but excluding any internal department | ||
staffing or staffing between the department and the department's | ||
legal representative; and | ||
(G) attend all legal proceedings in the suit. | ||
SECTION 4. Section 263.001(a), Family Code, is amended by | ||
adding Subdivision (3-c) to read as follows: | ||
(3-c) "Residential treatment center" means a general | ||
residential operation licensed under Chapter 42, Human Resources | ||
Code, that provides treatment services. | ||
SECTION 5. Section 263.002, Family Code, is amended by | ||
adding Subsections (e) and (f) to read as follows: | ||
(e) If a child is placed or is referred to and awaiting | ||
placement in a residential treatment center, the court shall | ||
determine whether: | ||
(1) the child's needs can be met through placement in a | ||
family-like setting; | ||
(2) the recommended or existing program can provide | ||
the most effective and appropriate level of care for the child; | ||
(3) the recommended or existing program is the least | ||
restrictive setting consistent with the child's best interest and | ||
individual needs; and | ||
(4) the placement is consistent with the short-term | ||
and long-term goals for the child, as specified by the child's | ||
permanency plan. | ||
(f) In making a determination under Subsection (e), the | ||
court may consider: | ||
(1) medical, psychological, or psychiatric | ||
assessments; | ||
(2) the child's current treatment plan and progress | ||
being made; | ||
(3) any significant medical, legal, or behavioral | ||
incidents involving the child; | ||
(4) the reasons for the child's discharge from any | ||
previous placement or the child's current placement; | ||
(5) the programs available at the facility to address | ||
the child's needs; | ||
(6) the program's plan to discharge the child after | ||
treatment; | ||
(7) whether there are other programs that more | ||
effectively meet the child's needs; and | ||
(8) any other information that would assist the court | ||
in making the determination. | ||
SECTION 6. Section 263.202(b), Family Code, is amended to | ||
read as follows: | ||
(b) Except as otherwise provided by this subchapter, a | ||
status hearing shall be limited to matters related to the contents | ||
and execution of the service plan filed with the court. The court | ||
shall review the service plan that the department filed under this | ||
chapter for reasonableness, accuracy, and compliance with | ||
requirements of court orders and make findings as to whether: | ||
(1) a plan that has the goal of returning the child to | ||
the child's parents adequately ensures that reasonable efforts are | ||
made to enable the child's parents to provide a safe environment for | ||
the child; | ||
(2) the child's parents have reviewed and understand | ||
the plan and have been advised that unless the parents are willing | ||
and able to provide the child with a safe environment, even with the | ||
assistance of a service plan, within the reasonable period of time | ||
specified in the plan, the parents' parental and custodial duties | ||
and rights may be subject to restriction or to termination under | ||
this code or the child may not be returned to the parents; | ||
(3) the plan is narrowly tailored to address any | ||
specific issues identified by the department; [ |
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(4) the child's parents and the representative of the | ||
department have signed the plan; | ||
(5) based on the court's determination under Section | ||
263.002, continued placement is appropriate if the child is placed | ||
in a residential treatment center; and | ||
(6) based on the court's determination under Section | ||
263.00201, continued placement is appropriate if the child is | ||
placed in a qualified residential treatment program. | ||
SECTION 7. Section 263.306(a-1), Family Code, is amended to | ||
read as follows: | ||
(a-1) At each permanency hearing before a final order is | ||
rendered, the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in: | ||
(A) locating and requesting service of citation | ||
on all persons entitled to service of citation under Section | ||
102.009; and | ||
(B) obtaining the assistance of a parent in | ||
providing information necessary to locate an absent parent, alleged | ||
father, relative of the child, or other adult identified by the | ||
child as a potential relative or designated caregiver; | ||
(3) ask all parties present whether the child or the | ||
child's family has a Native American heritage and identify any | ||
Native American tribe with which the child may be associated; | ||
(4) review the extent of the parties' compliance with | ||
temporary orders and the service plan and the extent to which | ||
progress has been made toward alleviating or mitigating the causes | ||
necessitating the placement of the child in foster care; | ||
(5) 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) 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) the appropriateness of the primary and | ||
alternative permanency goals for the child developed in accordance | ||
with department rule and whether the department has made reasonable | ||
efforts to finalize the permanency plan, including the concurrent | ||
permanency goals, in effect for the child; | ||
(D) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to express | ||
the child's opinion on any medical care provided; | ||
(E) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to identify | ||
any adults, particularly an adult residing in the child's | ||
community, who could be a relative or designated caregiver for the | ||
child; | ||
(F) 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; | ||
(G) 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 have been major | ||
changes in the child's school performance or there have been | ||
serious disciplinary events; | ||
(H) for a child 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; [ |
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(I) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; | ||
(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; | ||
(iii) whether the department has conducted | ||
an independent living skills assessment under Section | ||
264.121(a-3); | ||
(iv) whether the department has addressed | ||
the goals identified in the child's permanency plan, including the | ||
child's housing plan, and the results of the independent living | ||
skills assessment; | ||
(v) if the youth is 16 years of age or | ||
older, whether there is evidence that the department has provided | ||
the youth with the documents and information listed in Section | ||
264.121(e); and | ||
(vi) if the youth is 18 years of age or | ||
older or has had the disabilities of minority removed, whether | ||
there is evidence that the department has provided the youth with | ||
the documents and information listed in Section 264.121(e-1); | ||
(J) based on the court's determination under | ||
Section 263.002, whether continued placement is appropriate if the | ||
child is placed in a residential treatment center; and | ||
(K) based on the court's determination under | ||
Section 263.00201, whether continued placement is appropriate if | ||
the child is placed in a qualified residential treatment program; | ||
(6) determine whether to return the child to the | ||
child's parents if the child's parents are willing and able to | ||
provide the child with a safe environment and the return of the | ||
child is in the child's best interest; | ||
(7) estimate a likely date by which the child may be | ||
returned to and safely maintained in the child's home, placed for | ||
adoption, or placed in permanent managing conservatorship; and | ||
(8) announce in open court the dismissal date and the | ||
date of any upcoming hearings. | ||
SECTION 8. Section 263.5031(a), Family Code, is amended to | ||
read as follows: | ||
(a) 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; | ||
(3) for a child placed with a relative of the child or | ||
other designated caregiver, review the efforts of the department to | ||
inform the caregiver of: | ||
(A) the option to become verified by a licensed | ||
child-placing agency to operate an agency foster home, if | ||
applicable; and | ||
(B) the permanency care assistance program under | ||
Subchapter K, Chapter 264; and | ||
(4) 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 child has been provided the | ||
opportunity, in a developmentally appropriate manner, to identify | ||
any adult, particularly an adult residing in the child's community, | ||
who could be a relative or designated caregiver for the child; | ||
(C) whether the department placed the child with | ||
a relative or 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; | ||
(D) 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; | ||
(E) 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; | ||
(F) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; | ||
(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; | ||
(iii) whether the department has conducted | ||
an independent living skills assessment under Section | ||
264.121(a-3); | ||
(iv) whether the department has addressed | ||
the goals identified in the child's permanency plan, including the | ||
child's housing plan, and the results of the independent living | ||
skills assessment; | ||
(v) if the youth is 16 years of age or | ||
older, whether there is evidence that the department has provided | ||
the youth with the documents and information listed in Section | ||
264.121(e); and | ||
(vi) if the youth is 18 years of age or | ||
older or has had the disabilities of minority removed, whether | ||
there is evidence that the department has provided the youth with | ||
the documents and information listed in Section 264.121(e-1); | ||
(G) 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; | ||
(H) 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; | ||
(I) 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; | ||
(J) 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; | ||
(K) 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; [ |
||
(L) whether the department has identified a | ||
family or other caring adult who has made a permanent commitment to | ||
the child; | ||
(M) based on the court's determination under | ||
Section 263.002, whether continued placement is appropriate if the | ||
child is placed in a residential treatment center; and | ||
(N) based on the court's determination under | ||
Section 263.00201, whether continued placement is appropriate if | ||
the child is placed in a qualified residential treatment program. | ||
SECTION 9. Section 264.018(a)(5), Family Code, is amended | ||
to read as follows: | ||
(5) "Significant event" means: | ||
(A) a placement change, including failure by the | ||
department to locate an appropriate placement for at least one | ||
night; | ||
(B) a significant change in medical condition; | ||
(C) an initial prescription of a psychotropic | ||
medication or a change in dosage of a psychotropic medication; | ||
(D) a major change in school performance or a | ||
serious disciplinary event at school; | ||
(E) a placement in a qualified residential | ||
treatment program as that term is defined by 42 U.S.C. Section | ||
672(k)(4) or placement in a residential treatment center as defined | ||
by Section 263.001, including meetings or conferences to determine | ||
the appropriateness of such a placement; or | ||
(F) any event determined to be significant under | ||
department rule. | ||
SECTION 10. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1930 passed the Senate on | ||
May 17, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1930 passed the House on | ||
May 24, 2023, by the following vote: Yeas 122, Nays 16, | ||
one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |