Bill Text: TX SB206 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.

Sponsorship: Slight Partisan Bill (Republican 7-4)

Status: (Passed) 2015-06-18 - See remarks for effective date [SB206 Detail]

Download: Texas-2015-SB206-Enrolled.html

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S.B. No. 206

AN ACT
relating to the continuation and functions of the Department of
Family and Protective Services and procedures applicable to suits
affecting the parent-child relationship, investigations of child
abuse and neglect, and conservatorship of a child; affecting fee
amounts and authorizing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.001, Education Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) A student who was enrolled in a primary or secondary
public school before the student entered [who is placed in] the
conservatorship of the Department of Family and Protective Services
and who is placed at a residence outside the attendance area for the
school or outside the school district is entitled to continue to
attend the school in which the student was enrolled immediately
before entering conservatorship until the student successfully
completes the highest grade level offered by the school at the time
of placement without payment of tuition. The student is entitled to
continue to attend the school regardless of whether the student
remains in the conservatorship of the department for the duration
of the student's enrollment in the school.
(g-1) If a student who is in the conservatorship of the
department is enrolled in a primary or secondary public school,
other than the school in which the student was enrolled at the time
the student was placed in the conservatorship of the department,
the student is entitled to continue to attend that school without
payment of tuition until the student successfully completes the
highest grade level offered by the school at the time of enrollment
in the school, even if the child's placement is changed to a
residence outside the attendance area for that school or outside
the school district. The student is entitled to continue to attend
the school regardless of whether the student remains in the
conservatorship of the department for the duration of the student's
enrollment in the school.
SECTION 2. Section 25.087(b), Education Code, as amended by
Chapter 249 (H.B. 455), Chapter 688 (H.B. 2619), and Chapter 1354
(S.B. 1404), Acts of the 83rd Legislature, Regular Session, 2013,
is reenacted and amended to read as follows:
(b) A school district shall excuse a student from attending
school for:
(1) the following purposes, including travel for those
purposes:
(A) observing religious holy days;
(B) attending a required court appearance;
(C) appearing at a governmental office to
complete paperwork required in connection with the student's
application for United States citizenship;
(D) taking part in a United States naturalization
oath ceremony;
(E) serving as an election clerk; or
[(F) for a child in the conservatorship of the
Department of Family and Protective Services, attending a mental
health or therapy appointment or family visitation as ordered by a
court under Chapter 262 or 263, Family Code; or]
(F) if the student is in the conservatorship of
the Department of Family and Protective Services, participating, as
determined and documented by the department, in an activity:
(i) ordered by a court under Chapter 262 or
263, Family Code, provided that it is not practicable to schedule
the participation outside of school hours; or
(ii) required under a service plan under
Subchapter B, Chapter 263, Family Code; or
(2) a temporary absence resulting from an appointment
with health care professionals for the student or the student's
child if the student commences classes or returns to school on the
same day of the appointment
[(2) a temporary absence resulting from an appointment
with a health care professional if that student commences classes
or returns to school on the same day of the appointment].
SECTION 3. Section 54.366, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a)(1), a child who exits
the conservatorship of the Department of Family and Protective
Services and is returned to the child's parent, including a parent
whose parental rights were previously terminated, may be exempt
from the payment of tuition and fees if the department determines
that the child is eligible under department rule. The executive
commissioner of the Health and Human Services Commission shall by
rule develop factors for determining eligibility under this
subsection in consultation with the department and the Texas Higher
Education Coordinating Board.
SECTION 4. Section 51.03(b), Family Code, is amended to
read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(6) [conduct that violates a reasonable and lawful
order of a court entered under Section 264.305;
[(7)] notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; or
(7) [(8)] notwithstanding Subsection (a)(1), conduct
that violates Section 43.261, Penal Code.
SECTION 5. The heading to Section 58.0052, Family Code, is
amended to read as follows:
Sec. 58.0052. INTERAGENCY SHARING OF CERTAIN
NONEDUCATIONAL RECORDS.
SECTION 6. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.0053 to read as follows:
Sec. 58.0053. INTERAGENCY SHARING OF JUVENILE PROBATION
RECORDS. (a) On request by the Department of Family and
Protective Services, a juvenile probation officer shall disclose to
the department the terms of probation of a child in the department's
conservatorship.
(b) To the extent of a conflict between this section and
another law of this state applicable to confidential information
held by a governmental agency, this section controls.
(c) This section does not affect the confidential status of
the information being shared. The information may be released to a
third party only as directed by a court order or as otherwise
authorized by law. Personally identifiable information disclosed
to the Department of Family and Protective Services under this
section is not subject to disclosure to a third party under Chapter
552, Government Code.
(d) The Department of Family and Protective Services shall
enter into a memorandum of understanding with the Texas Juvenile
Justice Department to adopt procedures for handling information
requests under this section.
SECTION 7. Chapter 101, Family Code, is amended by adding
Sections 101.0133 and 101.0134 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 an agency foster group home, agency foster home, foster
group home, foster home, or another facility licensed or certified
under Chapter 42, Human Resources Code, in which care is provided
for 24 hours a day.
Sec. 101.0134. FOSTER CHILD. "Foster child" means a child
who is in the managing conservatorship of the Department of Family
and Protective Services.
SECTION 8. Section 103.001(b), Family Code, is amended to
read as follows:
(b) A suit in which adoption is requested may be filed in the
county where the child resides or in the county where the
petitioners reside, regardless of whether another court has
continuing exclusive jurisdiction under Chapter 155. A court that
has continuing exclusive jurisdiction is not required to transfer
the suit affecting the parent-child relationship to the court in
which the adoption suit is filed.
SECTION 9. Section 104.007(b), Family Code, is amended to
read as follows:
(b) In a proceeding brought by the Department of Family and
Protective [and Regulatory] Services concerning a child who is
alleged in a suit to have been abused or neglected, the court may
order[, with the agreement of the state's counsel and the
defendant's counsel,] that the testimony of a professional be taken
outside the courtroom by videoconference:
(1) on the agreement of the department's counsel and
respondent's counsel; or
(2) if good cause exists, on the court's own motion.
SECTION 10. Section 155.001(c), Family Code, is amended to
read as follows:
(c) If a court of this state has acquired continuing,
exclusive jurisdiction, no other court of this state has
jurisdiction of a suit with regard to that child except as provided
by this chapter, Section 103.001(b), or Chapter 262.
SECTION 11. Section 161.001(b), Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
(b) The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code, or under a law of another jurisdiction that contains elements
that are substantially similar to the elements of an offense under
one of the following Penal Code sections, or adjudicated under
Title 3 for conduct that caused the death or serious injury of a
child and that would constitute a violation of one of the following
Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering child);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child);
(xiii) Section 43.26 (possession or
promotion of child pornography);
(xiv) Section 21.02 (continuous sexual
abuse of young child or children);
(xv) Section 20A.02(a)(7) or (8)
(trafficking of persons); and
(xvi) Section 43.05(a)(2) (compelling
prostitution);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Family and Protective Services for not less than six
months, and:
(i) the department has made reasonable
efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription;
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child; or
(T) been convicted of:
(i) the murder of the other parent of the
child under Section 19.02 or 19.03, Penal Code, or under a law of
another state, federal law, the law of a foreign country, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
19.02 or 19.03, Penal Code;
(ii) criminal attempt under Section 15.01,
Penal Code, or under a law of another state, federal law, the law of
a foreign country, or the Uniform Code of Military Justice that
contains elements that are substantially similar to the elements of
an offense under Section 15.01, Penal Code, to commit the offense
described by Subparagraph (i); or
(iii) criminal solicitation under Section
15.03, Penal Code, or under a law of another state, federal law, the
law of a foreign country, or the Uniform Code of Military Justice
that contains elements that are substantially similar to the
elements of an offense under Section 15.03, Penal Code, of the
offense described by Subparagraph (i); and
(2) that termination is in the best interest of the
child.
SECTION 12. Section 162.005(c), Family Code, is transferred
to Section 162.007, Family Code, and redesignated as Section
162.007(e), Family Code, to read as follows:
(e) [(c)] The report shall include a history of physical,
sexual, or emotional abuse suffered by the child, if any.
SECTION 13. The heading to Section 162.006, Family Code, is
amended to read as follows:
Sec. 162.006. ACCESS TO HEALTH, SOCIAL, EDUCATIONAL, AND
GENETIC HISTORY REPORT; RETENTION [RIGHT TO EXAMINE RECORDS].
SECTION 14. Section 162.007, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) Notwithstanding the other provisions of this section,
the Department of Family and Protective Services may, in accordance
with department rule, modify the form and contents of the health,
social, educational, and genetic history report for a child as the
department determines appropriate based on:
(1) the relationship between the prospective adoptive
parents and the child or the child's birth family;
(2) the provision of the child's case record to the
prospective adoptive parents; or
(3) any other factor specified by department rule.
SECTION 15. (a) Subsections (a), as amended by S.B. 219,
Acts of the 84th Legislature, Regular Session, 2015, and (a-1),
Section 162.006, Family Code, are redesignated as Section 162.0062,
Family Code, and amended to read as follows:
Sec. 162.0062. ACCESS TO INFORMATION. (a) Except as
provided by Subsection (c), the prospective adoptive parents of a
child are entitled to examine the records and other information
relating to the history of the child. The Department of Family and
Protective Services, licensed child-placing agency, or other
person placing a child for adoption shall inform the prospective
adoptive parents of their right to examine the records and other
information relating to the history of the child. The department,
licensed child-placing agency, or other person placing the child
for adoption shall edit the records and information to protect the
identity of the biological parents and any other person whose
identity is confidential.
(b) [(a-1)] The records described by Subsection (a) must
include any records relating to an investigation of abuse in which
the child was an alleged or confirmed victim of sexual abuse while
residing in a foster home or other residential child-care facility.
If the licensed child-placing agency or other person placing the
child for adoption does not have the information required by this
subsection, the department, at the request of the licensed
child-placing agency or other person placing the child for
adoption, shall provide the information to the prospective adoptive
parents of the child.
(c) If the prospective adoptive parents of a child have
reviewed the health, social, educational, and genetic history
report for the child and indicated that they want to proceed with
the adoption, the department may, but is not required to, allow the
prospective adoptive parents of the child to examine the records
and other information relating to the history of the child, unless
the prospective adoptive parents request the child's case record.
The department shall provide the child's case record to the
prospective adoptive parents on the request of the prospective
adoptive parents.
(b) Section 162.018, Family Code, as amended by S.B. 219,
Acts of the 84th Legislature, Regular Session, 2015, is transferred
to Section 162.0062, Family Code, as added by this section,
redesignated as Sections 162.0062(d), (e), and (f), Family Code,
and amended to read as follows:
(d) [Sec. 162.018. ACCESS TO INFORMATION. (a) The
adoptive parents are entitled to receive copies of the records and
other information relating to the history of the child maintained
by the Department of Family and Protective Services, licensed
child-placing agency, person, or entity placing the child for
adoption.
[(b)] The adoptive parents and the adopted child, after the
child is an adult, are entitled to receive copies of the records
that have been edited to protect the identity of the biological
parents and any other person whose identity is confidential and
other information relating to the history of the child maintained
by the department, licensed child-placing agency, person, or entity
placing the child for adoption.
(e) [(c)] It is the duty of the person or entity placing the
child for adoption to edit the records and information to protect
the identity of the biological parents and any other person whose
identity is confidential.
(f) [(d)] At the time an adoption order is rendered, the
court shall provide to the parents of an adopted child information
provided by the vital statistics unit that describes the functions
of the voluntary adoption registry under Subchapter E. The
licensed child-placing agency shall provide to each of the child's
biological parents known to the agency, the information when the
parent signs an affidavit of relinquishment of parental rights or
affidavit of waiver of interest in a child. The information shall
include the right of the child or biological parent to refuse to
participate in the registry. If the adopted child is 14 years old
or older the court shall provide the information to the child.
SECTION 16. Section 162.304, Family Code, is amended by
amending Subsections (a) and (b-1) and adding Subsection (j) to
read as follows:
(a) The department shall administer a program to provide
adoption assistance for eligible children and enter into adoption
assistance agreements with the adoptive parents of a child as
authorized by Part E of Title IV of the federal Social Security Act,
as amended (42 U.S.C. Section 673).
(b-1) Subject to the availability of funds, the [The]
department shall pay a $150 subsidy each month for the premiums for
health benefits coverage for a child with respect to whom a court
has entered a final order of adoption if the child:
(1) was in the conservatorship of the department at
the time of the child's adoptive placement;
(2) after the adoption, is not eligible for medical
assistance under Chapter 32, Human Resources Code; and
(3) is younger than 18 years of age.
(j) The department shall keep records necessary to evaluate
the adoption assistance program's effectiveness in encouraging and
promoting the adoption of children.
SECTION 17. Section 162.3041(d), Family Code, is amended to
read as follows:
(d) The department is not required to provide adoption
assistance benefits under Subsection (a) or (a-1) unless funds are
appropriated to the department specifically for purposes of those
subsections. If the legislature does not appropriate sufficient
money to provide adoption assistance to the adoptive parents of all
children described by Subsection (a), the department shall provide
adoption assistance only to the adoptive parents of children
described by Subsection (a)(1). [The department is not required to
provide adoption assistance benefits under Subsection (a-1) unless
the department is specifically appropriated funds for purposes of
that subsection.]
SECTION 18. Subchapter D, Chapter 162, Family Code, is
amended by adding Section 162.3085 to read as follows:
Sec. 162.3085. ADOPTIVE PLACEMENT IN COMPLIANCE WITH
FEDERAL LAW REQUIRED. The department or a licensed child-placing
agency making an adoptive placement shall comply with the
Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b).
SECTION 19. Section 261.302, Family Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) An interview with a child in which the allegations of
the current investigation are discussed and that is conducted by
the department during the investigation stage shall be audiotaped
or videotaped unless:
(1) the recording equipment malfunctions and the
malfunction is not the result of a failure to maintain the equipment
or bring adequate supplies for the equipment;
(2) the child is unwilling to allow the interview to be
recorded after the department makes a reasonable effort consistent
with the child's age and development and the circumstances of the
case to convince the child to allow the recording; or
(3) due to circumstances that could not have been
reasonably foreseen or prevented by the department, the department
does not have the necessary recording equipment because the
department employee conducting the interview does not ordinarily
conduct interviews.
(e-1) An interview with a child alleged to be a victim of
physical abuse or sexual abuse conducted by an investigating agency
other than the department shall be audiotaped or videotaped unless
the investigating agency determines that good cause exists for not
audiotaping or videotaping the interview in accordance with rules
of the agency. Good cause may include, but is not limited to, such
considerations as the age of the child and the nature and
seriousness of the allegations under investigation. Nothing in
this subsection shall be construed as prohibiting the investigating
agency from audiotaping or videotaping an interview of a child on
any case for which such audiotaping or videotaping is not required
under this subsection. The fact that the investigating agency
failed to audiotape or videotape an interview is admissible at the
trial of the offense that is the subject of the interview.
SECTION 20. Section 261.3021, Family Code, is amended to
read as follows:
Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT.
Subject to the appropriation of money [for these purposes], the
department shall[:
[(1)] identify critical investigation actions that
impact child safety and require department caseworkers to document
those actions in a child's case file not later than the day after
the action occurs[;
[(2) identify and develop a comprehensive set of
casework quality indicators that must be reported in real time to
support timely management oversight;
[(3) provide department supervisors with access to
casework quality indicators and train department supervisors on the
use of that information in the daily supervision of caseworkers;
[(4) develop a case tracking system that notifies
department supervisors and management when a case is not
progressing in a timely manner;
[(5) use current data reporting systems to provide
department supervisors and management with easier access to
information; and
[(6) train department supervisors and management on
the use of data to monitor cases and make decisions].
SECTION 21. Sections 261.309(b) and (d), Family Code, are
amended to read as follows:
(b) If a person under investigation for allegedly abusing or
neglecting a child requests clarification of the status of the
person's case or files a complaint relating to the conduct of the
department's staff or to department policy, the department shall
conduct an informal review to clarify the person's status or
resolve the complaint. The division of the department responsible
for investigating complaints [immediate supervisor of the employee
who conducted the child abuse or neglect investigation or against
whom the complaint was filed] shall conduct the informal review as
soon as possible but not later than the 14th day after the date the
request or complaint is received.
(d) The [Unless a civil or criminal court proceeding or an
ongoing criminal investigation relating to the alleged abuse or
neglect investigated by the department is pending, the] department
employee shall conduct the review prescribed by Subsection (c) as
soon as possible but not later than the 45th day after the date the
department receives the request, unless the department has good
cause for extending the deadline. If a civil or criminal court
proceeding or an ongoing criminal investigation relating to the
alleged abuse or neglect investigated by the department is pending,
the department may postpone the review until the court proceeding
is completed.
SECTION 22. Section 261.406(b), Family Code, is amended to
read as follows:
(b) The department shall send a copy of the completed report
of the department's investigation to the Texas Education Agency.
On request, the department shall provide a copy of the completed
report of the department's investigation to[,] the State Board for
Educator Certification, the local school board or the school's
governing body, the superintendent of the school district, and the
school principal or director, unless the principal or director is
alleged to have committed the abuse or neglect, for appropriate
action. On request, the department shall provide a copy of the
report of investigation to the parent, managing conservator, or
legal guardian of a child who is the subject of the investigation
and to the person alleged to have committed the abuse or neglect.
The report of investigation shall be edited to protect the identity
of the persons who made the report of abuse or neglect. Other than
the persons authorized by the section to receive a copy of the
report, Section 261.201(b) applies to the release of the report
relating to the investigation of abuse or neglect under this
section and to the identity of the person who made the report of
abuse or neglect.
SECTION 23. Section 262.1095(a), Family Code, is amended to
read as follows:
(a) When the Department of Family and Protective Services or
another agency takes possession of a child under this chapter, the
department:
(1) shall provide information as prescribed by this
section to each adult the department is able to identify and locate
who is:
(A) [is] related to the child within the third
degree by consanguinity as determined under Chapter 573, Government
Code;
(B) [, or is] an adult relative of the alleged
father of the child if [who] the department has a reasonable basis
to believe the alleged father is [determines is most likely to be]
the child's biological father; or [and]
(C) [(B) is] identified as a potential relative
or designated caregiver, as defined by Section 264.751, on the
proposed child placement resources form provided under Section
261.307; and
(2) may provide information as prescribed by this
section to each adult the department is able to identify and locate
who has a long-standing and significant relationship with the
child.
SECTION 24. Section 262.114(b), Family Code, is amended to
read as follows:
(b) The department may place a child with a relative or
other designated caregiver [individual] identified on the proposed
child placement resources form if the department determines that
the placement is in the best interest of the child. The department
must complete the background and criminal history check and conduct
a preliminary evaluation of the relative or other designated
caregiver's home before the child is placed with the relative or
other designated caregiver. The department may place the child
with the relative or designated caregiver [individual] before
conducting the [background and criminal history check or] home
study required under Subsection (a). Not later than 48 hours after
the time that the child is placed with the relative or other
designated caregiver, the department shall begin the home study of
the relative or other designated caregiver. The department shall
complete the home study as soon as possible unless otherwise
ordered by a court. The department shall provide a copy of an
informational manual required under Section 261.3071 to the
relative or other designated caregiver at the time of the child's
placement.
SECTION 25. Section 262.115(c), Family Code, is amended to
read as follows:
(c) The department shall ensure that a parent who is
otherwise entitled to possession of the child has an opportunity to
visit the child not later than the fifth [third] day after the date
the department is named temporary managing conservator of the child
unless:
(1) the department determines that visitation is not
in the child's best interest; or
(2) visitation with the parent would conflict with a
court order relating to possession of or access to the child.
SECTION 26. Section 262.2015(b), Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
(b) The court may find under Subsection (a) that a parent
has subjected the child to aggravated circumstances if:
(1) the parent abandoned the child without
identification or a means for identifying the child;
(2) the child or another child of the parent is a
victim of serious bodily injury or sexual abuse inflicted by the
parent or by another person with the parent's consent;
(3) the parent has engaged in conduct against the
child or another child of the parent that would constitute an
offense under the following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 21.11 (indecency with a child);
(E) Section 22.011 (sexual assault);
(F) Section 22.02 (aggravated assault);
(G) Section 22.021 (aggravated sexual assault);
(H) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(I) Section 22.041 (abandoning or endangering
child);
(J) Section 25.02 (prohibited sexual conduct);
(K) Section 43.25 (sexual performance by a
child);
(L) Section 43.26 (possession or promotion of
child pornography);
(M) Section 21.02 (continuous sexual abuse of
young child or children);
(N) Section 43.05(a)(2) (compelling
prostitution); or
(O) Section 20A.02(a)(7) or (8) (trafficking of
persons);
(4) the parent voluntarily left the child alone or in
the possession of another person not the parent of the child for at
least six months without expressing an intent to return and without
providing adequate support for the child;
(5) the parent's parental rights with regard to
another child have been involuntarily terminated based on a finding
that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
or a substantially equivalent provision of another state's law;
(6) the parent has been convicted for:
(A) the murder of another child of the parent and
the offense would have been an offense under 18 U.S.C. Section
1111(a) if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(B) the voluntary manslaughter of another child
of the parent and the offense would have been an offense under 18
U.S.C. Section 1112(a) if the offense had occurred in the special
maritime or territorial jurisdiction of the United States;
(C) aiding or abetting, attempting, conspiring,
or soliciting an offense under Paragraph (A) or (B); or
(D) the felony assault of the child or another
child of the parent that resulted in serious bodily injury to the
child or another child of the parent; [or]
(7) the parent's parental rights with regard to
another child of the parent [two other children] have been
involuntarily terminated; or
(8) the parent is required under any state or federal
law to register with a sex offender registry.
SECTION 27. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.0045 to read as follows:
Sec. 263.0045. EDUCATION IN HOME SETTING FOR FOSTER
CHILDREN. On request of a person providing substitute care for a
child who is in the managing conservatorship of the department, the
department shall allow the person to provide the child with an
education in a home setting unless:
(1) the right of the department to allow the education
of the child in a home setting has been specifically limited by
court order;
(2) a court at a hearing conducted under this chapter
finds, on good cause shown through evidence presented by the
department in accordance with the applicable provisions in the
department's child protective services handbook (CPS August 2013),
that education in the home setting is not in the best interest of
the child; or
(3) the department determines that federal law
requires another school setting.
SECTION 28. Section 263.301, Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
transferred to Subchapter A, Chapter 263, Family Code, redesignated
as Section 263.0021, Family Code, and amended to read as follows:
Sec. 263.0021 [263.301]. NOTICE OF HEARING; PRESENTATION
OF EVIDENCE. (a) Notice of a [permanency] hearing under this
chapter shall be given [as provided by Rule 21a, Texas Rules of
Civil Procedure,] to all persons entitled to notice of the hearing.
(b) The following persons are entitled to at least 10 days'
notice of a [permanency] hearing under this chapter and are
entitled to present evidence and be heard at the hearing:
(1) the department;
(2) the foster parent, preadoptive parent, relative of
the child providing care, or director or director's designee of the
group home or general residential operation [institution] where the
child is residing;
(3) each parent of the child;
(4) the managing conservator or guardian of the child;
(5) an attorney ad litem appointed for the child under
Chapter 107, if the appointment was not dismissed in the final
order;
(6) a guardian ad litem appointed for the child under
Chapter 107, if the appointment was not dismissed in the final
order;
(7) a volunteer advocate appointed for the child under
Chapter 107, if the appointment was not dismissed in the final
order;
(8) [(7)] the child if:
(A) the child is 10 years of age or older; or
(B) the court determines it is appropriate for
the child to receive notice; and
(9) [(8)] any other person or agency named by the
court to have an interest in the child's welfare.
(c) Notice of a hearing under this chapter may be given:
(1) as provided by Rule 21a, Texas Rules of Civil
Procedure;
(2) in a temporary order following a full adversary
hearing;
(3) in an order following a hearing under this
chapter;
(4) in open court; or
(5) in any manner that would provide actual notice to a
person entitled to notice.
(d) The licensed administrator of the child-placing agency
responsible for placing the child or the licensed administrator's
designee is entitled to at least 10 days' notice of a permanency
hearing after final order [If a person entitled to notice under
Chapter 102 or this section has not been served, the court shall
review the department's efforts at attempting to locate all
necessary persons and requesting service of citation and the
assistance of a parent in providing information necessary to locate
an absent parent].
SECTION 29. Section 263.004, Family Code, is amended to
read as follows:
Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION
DECISION-MAKING. (a) Unless the rights and duties of the
department under Section 153.371(10) to make decisions regarding
the child's education have been limited by court order, the
department shall file with the court [a report identifying] the
name and contact information for each person who has been:
(1) designated by the department to make educational
decisions on behalf of the child; and
(2) assigned to serve as the child's surrogate parent
in accordance with 20 U.S.C. Section 1415(b) and Section
29.001(10), Education Code, for purposes of decision-making
regarding special education services, if applicable.
(b) Not later than the fifth day after the date an adversary
hearing under Section 262.201 or [Section] 262.205 is concluded,
the information [report] required by Subsection (a) shall be filed
with the court and a copy shall be provided to[:
[(1) each person entitled to notice of a permanency
hearing under Section 263.301; and
[(2)] the school the child attends.
(c) If a person other than a person identified under [in the
report required by] Subsection (a) is designated to make
educational decisions or assigned to serve as a surrogate parent,
the department shall include the updated information in a
permanency progress report filed under Section 263.303 or 263.502
[file with the court an updated report that includes the
information required by Subsection (a) for the designated or
assigned person]. The updated information [report] must be
provided to the school the child attends [filed] not later than the
fifth day after the date of designation or assignment.
SECTION 30. Sections 263.009(a) and (b), Family Code, are
amended to read as follows:
(a) The department shall hold a permanency planning meeting
for each child for whom the department is appointed temporary
managing conservator in accordance with a schedule adopted by the
executive commissioner of the Health and Human Services Commission
by rule that is designed to allow the child to exit the managing
conservatorship of the department safely and as soon as possible
and be placed with an appropriate adult caregiver who will
permanently assume legal responsibility for the child[:
[(1) not later than the 45th day after the date the
department is named temporary managing conservator of the child;
and
[(2) not later than five months after the date the
department is named temporary managing conservator of the child].
(b) At each [the five-month] permanency planning meeting
[described by Subsection (a)(2)], the department shall:
(1) identify any barriers to achieving a timely
permanent placement for the child; [and]
(2) develop strategies and determine actions that will
increase the probability of achieving a timely permanent placement
for the child; and
(3) use the family group decision-making model
whenever possible.
SECTION 31. Section 263.101, Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Except as
provided by Section 262.2015, not [Not] later than the 45th day
after the date the court renders a temporary order appointing the
department as temporary managing conservator of a child under
Chapter 262, the department shall file a service plan.
SECTION 32. Section 263.102(a), Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
(a) The 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 [state whether the goal of the plan
is:
[(A) return of the child to the child's parents;
[(B) termination of parental rights and
placement of the child for adoption; or
[(C) because of the child's special needs or
exceptional circumstances, continuation of the child's care out of
the child's home];
(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.
SECTION 33. Section 263.3025(a), Family Code, is amended to
read as follows:
(a) The department shall prepare a permanency plan for a
child for whom the department has been appointed temporary managing
conservator. The department shall give a copy of the plan to each
person entitled to notice under Section 263.0021(b) [263.301(b)]
not later than the 10th day before the date of the child's first
permanency hearing.
SECTION 34. Section 263.303, Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
Sec. 263.303. PERMANENCY PROGRESS REPORT BEFORE FINAL
ORDER. (a) Not later than the 10th day before the date set for
each permanency hearing before a final order is rendered [other
than the first permanency hearing], the department shall file with
the court and provide to each party, the child's attorney ad litem,
the child's guardian ad litem, and the child's volunteer advocate a
permanency progress report unless the court orders a different
period for providing the report.
(b) The permanency progress report must contain:
(1) information necessary for the court to conduct the
permanency hearing and make its findings and determinations under
Section 263.306 [recommend that the suit be dismissed]; [or]
(2) information on significant events, as defined by
Section 264.018; and
(3) any additional information the department
determines is appropriate or that is requested by the court and
relevant to the court's findings and determinations under Section
263.306 [recommend that the suit continue, and:
[(A) identify the date for dismissal of the suit
under this chapter;
[(B) provide:
[(i) the name of any person entitled to
notice under Chapter 102 who has not been served;
[(ii) a description of the efforts by the
department to locate and request service of citation; and
[(iii) a description of each parent's
assistance in providing information necessary to locate an unserved
party;
[(C) evaluate the parties' compliance with
temporary orders and with the service plan;
[(D) evaluate whether the child's placement in
substitute care meets the child's needs and recommend other plans
or services to meet the child's special needs or circumstances;
[(E) describe the permanency plan for the child
and recommend actions necessary to ensure that a final order
consistent with that permanency plan, including the concurrent
permanency goals contained in that plan, is rendered before the
date for dismissal of the suit under this chapter;
[(F) with respect to a child 16 years of age or
older, identify the services needed to assist the child in the
transition to adult life; and
[(G) with respect to a child committed to the
Texas Juvenile Justice Department or released under supervision by
the Texas Juvenile Justice Department:
[(i) evaluate whether the child's needs for
treatment and education are being met;
[(ii) describe, using information provided
by the Texas Juvenile Justice Department, the child's progress in
any rehabilitation program administered by the Texas Juvenile
Justice Department; and
[(iii) recommend other plans or services to
meet the child's needs].
(c) A parent whose parental rights are the subject of a suit
affecting the parent-child relationship, the attorney for that
parent, or the child's attorney ad litem or guardian ad litem may
file a response to the department's report filed under this section
[Subsection (b)]. A response must be filed not later than the third
day before the date of the hearing.
SECTION 35. The heading to Section 263.306, Family Code, is
amended to read as follows:
Sec. 263.306. PERMANENCY HEARINGS BEFORE FINAL ORDER[:
PROCEDURE].
SECTION 36. Section 263.306, Family Code, is amended by
adding Subsection (a-1) 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, or relative of the child;
(3) 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;
(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) 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) 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;
(F) 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;
(G) 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; and
(H) 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;
(5) 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;
(6) 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
(7) announce in open court the dismissal date and the
date of any upcoming hearings.
SECTION 37. The heading to Section 263.401, Family Code, is
amended to read as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION.
SECTION 38. Section 263.401, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (b-1) to
read as follows:
(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 shall dismiss the suit affecting the
parent-child relationship filed by the department that requests
termination of the parent-child relationship or requests that the
department be named conservator of the child.
(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
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 [required] 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), as applicable.
SECTION 39. Section 263.404(b), Family Code, is amended to
read as follows:
(b) In determining whether the department should be
appointed as managing conservator of the child without terminating
the rights of a parent of the child, the court shall take the
following factors into consideration:
(1) that the child will reach 18 years of age in not
less than three years;
(2) that the child is 12 years of age or older and has
expressed a strong desire against termination or has continuously
expressed a strong desire against being adopted; and
(3) [that the child has special medical or behavioral
needs that make adoption of the child unlikely; and
[(4)] the needs and desires of the child.
SECTION 40. The heading to Subchapter F, Chapter 263,
Family Code, is amended to read as follows:
SUBCHAPTER F. PERMANENCY [PLACEMENT REVIEW] HEARINGS AFTER FINAL
ORDER
SECTION 41. The heading to Section 263.501, Family Code, is
amended to read as follows:
Sec. 263.501. PERMANENCY HEARING [PLACEMENT REVIEW] AFTER
FINAL ORDER.
SECTION 42. Sections 263.501(a), (b), (c), (f), and (g),
Family Code, are amended to read as follows:
(a) If the department has been named as a child's managing
conservator in a final order that does not include termination of
parental rights, the court shall conduct a permanency [placement
review] hearing after the final order is rendered at least once
every six months until the department is no longer the child's
managing conservator [child becomes an adult].
(b) If the department has been named as a child's managing
conservator in a final order that terminates a parent's parental
rights, the court shall conduct a permanency [placement review]
hearing not later than the 90th day after the date the court renders
the final order. The court shall conduct additional permanency
[placement review] hearings at least once every six months until
the department is no longer the child's managing conservator [date
the child is adopted or the child becomes an adult].
(c) Notice of each permanency [a placement review] hearing
shall be given as provided by Section 263.0021 [Rule 21a, Texas
Rules of Civil Procedure,] to each person entitled to notice of the
hearing.
(f) The child shall attend each permanency [placement
review] hearing in accordance with Section 263.302 [unless the
court specifically excuses the child's attendance. A child
committed to the Texas Youth Commission may attend a placement
review hearing in person, by telephone, or by videoconference. The
court shall consult with the child in a developmentally appropriate
manner regarding the child's permanency or transition plan, if the
child is four years of age or older. Failure by the child to attend
a hearing does not affect the validity of an order rendered at the
hearing].
(g) A court required to conduct permanency [placement
review] hearings for a child for whom the department has been
appointed permanent managing conservator may not dismiss a suit
affecting the parent-child relationship filed by the department
regarding the child while the child is committed to the Texas
Juvenile Justice Department [Youth Commission] or released under
the supervision of the Texas Juvenile Justice Department [Youth
Commission], unless the child is adopted or permanent managing
conservatorship of the child is awarded to an individual other than
the department.
SECTION 43. The heading to Section 263.502, Family Code, is
amended to read as follows:
Sec. 263.502. PERMANENCY PROGRESS [PLACEMENT REVIEW]
REPORT AFTER FINAL ORDER.
SECTION 44. Section 263.502, Family Code, is amended by
amending Subsection (a), as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, and adding Subsections (a-1)
and (a-2) to read as follows:
(a) Not later than the 10th day before the date set for a
permanency [placement review] hearing after a final order is
rendered, the department shall file a permanency progress
[placement review] report with the court and provide a copy to each
person entitled to notice under Section 263.0021 [263.501(d)].
(a-1) The permanency progress report must contain:
(1) information necessary for the court to conduct the
permanency hearing and make its findings and determinations under
Section 263.5031;
(2) information on significant events, as defined by
Section 264.018; and
(3) any additional information the department
determines is appropriate or that is requested by the court and
relevant to the court's findings and determinations under Section
263.5031.
(a-2) For good cause shown, the court may:
(1) order a different deadline for filing the
permanency progress report; or
(2) waive the reporting requirement for a specific
hearing.
SECTION 45. Subchapter F, Chapter 263, Family Code, is
amended by adding Section 263.5031 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) 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 46. The heading to Section 264.002, Family Code, is
amended to read as follows:
Sec. 264.002. SPECIFIC APPROPRIATION REQUIRED [DUTIES OF
DEPARTMENT].
SECTION 47. Section 264.002(e), Family Code, is amended to
read as follows:
(e) The department may not spend state funds to accomplish
the purposes of this subtitle [chapter] unless the funds have been
specifically appropriated for those purposes.
SECTION 48. Subchapter A, Chapter 264, Family Code, is
amended by adding Sections 264.017 and 264.018 to read as follows:
Sec. 264.017. REQUIRED REPORTING. (a) The department
shall prepare and disseminate a report of statistics by county
relating to key performance measures and data elements for child
protection.
(b) The department shall provide the report required by
Subsection (a) to the legislature and shall publish the report and
make the report available electronically to the public not later
than February 1 of each year. The report must include, with respect
to the preceding year:
(1) information on the number and disposition of
reports of child abuse and neglect received by the department;
(2) information on the number of clients for whom the
department took protective action, including investigations,
alternative responses, and court-ordered removals;
(3) information on the number of clients for whom the
department provided services in each program administered by the
child protective services division, including investigations,
alternative responses, family-based safety services,
conservatorship, post-adoption services, and transitional living
services;
(4) the number of children in this state who died as a
result of child abuse or neglect;
(5) the number of children described by Subdivision
(4) for whom the department was the children's managing conservator
at the time of death;
(6) information on the timeliness of the department's
initial contact in an investigation or alternative response;
(7) information on the response time by the department
in commencing services to families and children for whom an
allegation of child abuse or neglect has been made;
(8) information regarding child protection staffing
and caseloads by program area;
(9) information on the permanency goals in place and
achieved for children in the managing conservatorship of the
department, including information on the timeliness of achieving
the goals, the stability of the children's placement in foster
care, and the proximity of placements to the children's home
counties;
(10) the number of children who suffer from a severe
emotional disturbance and for whom the department is appointed
managing conservator, including statistics on appointments as
joint managing conservator, due to an individual voluntarily
relinquishing custody of a child solely to obtain mental health
services for the child;
(11) the number of children who are pregnant or a
parent while in the managing conservatorship of the department and
the number of the children born to a parent in the managing
conservatorship of the department who are placed in the managing
conservatorship of the department;
(12) the number of children who are missing from the
children's substitute care provider while in the managing
conservatorship of the department; and
(13) the number of children who were victims of
trafficking under Chapter 20A, Penal Code, while in the managing
conservatorship of the department.
(c) To the extent feasible, the report must also include,
for each county, the amount of funding for child abuse and neglect
prevention services and the rate of child abuse and neglect per
1,000 children in the county for the preceding year and for each of
the preceding five years.
(d) Not later than September 1 of each year, the department
shall seek public input regarding the usefulness of, and any
proposed modifications to, existing reporting requirements and
proposed additional reporting requirements. The department shall
evaluate the public input provided under this subsection and seek
to facilitate reporting to the maximum extent feasible within
existing resources and in a manner that is most likely to assist
public understanding of department functions.
(e) In addition to the information required under
Subsections (a) and (b), the department shall annually publish
information on the number of children who died during the preceding
year whom the department determined had been abused or neglected
but whose death was not the result of the abuse or neglect. The
department may publish the information described by this subsection
in the same report required by Subsection (a) or in another annual
report published by the department.
Sec. 264.018. REQUIRED NOTIFICATIONS. (a) In this
section:
(1) "Child-placing agency" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Residential child-care facility" has the meaning
assigned by Section 42.002, Human Resources Code.
(3) "Psychotropic medication" has the meaning
assigned by Section 266.001.
(4) "Significant change in medical condition" means
the occurrence of an injury or the onset of an illness that is
life-threatening or may have serious long-term health
consequences. The term includes the occurrence or onset of an
injury or illness that requires hospitalization for surgery or
another procedure that is not minor emergency care.
(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; or
(E) any event determined to be significant under
department rule.
(b) The notification requirements of this section are in
addition to other notice requirements provided by law, including
Sections 263.0021, 264.107(g), and 264.123.
(c) The department must provide notice under this section in
a manner that would provide actual notice to a person entitled to
the notice, including the use of electronic notice whenever
possible.
(d) Not later than 24 hours after an event described by this
subsection, the department shall make a reasonable effort to notify
a parent of a child in the managing conservatorship of the
department of:
(1) a significant change in medical condition of the
child;
(2) the enrollment or participation of the child in a
drug research program under Section 266.0041; and
(3) an initial prescription of a psychotropic
medication.
(e) Not later than 48 hours before the department changes
the residential child-care facility of a child in the managing
conservatorship of the department, the department shall provide
notice of the change 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; and
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee.
(f) As soon as possible but not later than the 10th day after
the date the department becomes aware of a significant event
affecting a child in the conservatorship of the department, the
department shall provide notice of the significant event to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee;
(6) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(7) any other person determined by a court to have an
interest in the child's welfare.
(g) For purposes of Subsection (f), if a hearing for the
child is conducted during the 10-day notice period described by
that subsection, the department shall provide notice of the
significant event at the hearing.
(h) The department is not required to provide notice under
this section to a parent of a child in the managing conservatorship
of the department if:
(1) the department cannot locate the parent;
(2) a court has restricted the parent's access to the
information;
(3) the child is in the permanent managing
conservatorship of the department and the parent has not
participated in the child's case for at least six months despite the
department's efforts to involve the parent;
(4) the parent's rights have been terminated; or
(5) the department has documented in the child's case
file that it is not in the best interest of the child to involve the
parent in case planning.
(i) The department is not required to provide notice of a
significant event under this section to the child-placing agency
responsible for the placement of a child in the managing
conservatorship of the department, a foster parent, a prospective
adoptive parent, a relative of the child providing care to the
child, or the director of the group home or general residential
operation where the child resides if that agency or individual is
required under a contract or other agreement to provide notice of
the significant event to the department.
(j) A person entitled to notice from the department under
this section shall provide the department with current contact
information, including the person's e-mail address and the
telephone number at which the person may most easily be reached.
The person shall update the person's contact information as soon as
possible after a change to the information. The department is not
required to provide notice under this section to a person who fails
to provide contact information to the department. The department
may rely on the most recently provided contact information in
providing notice under this section.
(k) To facilitate timely notification under this section, a
residential child-care facility contracting with the department
for 24-hour care shall notify the department, in the time provided
by the facility's contract, of a significant event for a child who
is in the conservatorship of the department and residing in the
facility.
(l) The executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement this
section using a negotiated rulemaking process under Chapter 2008,
Government Code.
SECTION 49. Section 264.101(a), Family Code, is amended to
read as follows:
(a) The department may pay the cost of foster care for a
child only if:
(1) the child [for whom the department has initiated a
suit and has been named managing conservator under an order
rendered under this title, who is a resident of the state, and who]
has been placed by the department in a foster home or other
residential child-care facility [institution], as defined by
Chapter 42, Human Resources Code, or in a comparable residential
facility in another state; and [or]
(2) the department:
(A) has initiated suit and been named conservator
of the child; or
(B) has the duty of care, control, and custody
after taking possession of the child in an emergency without a prior
court order as authorized by this subtitle [who is under the
placement and care of a state agency or political subdivision with
which the department has entered into an agreement to reimburse the
cost of care and supervision of the child].
SECTION 50. Section 264.107, Family Code, is amended by
amending Subsection (b), as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, and adding Subsection (b-1) to
read as follows:
(b) The department shall use an [the standard] application
or assessment developed by the department in coordination with
interested parties [provided by the Health and Human Services
Commission] for the placement of children in contract residential
care.
(b-1) Notwithstanding Subsection (b), the department shall
use the standard application for the placement of children in
contract residential care as adopted and maintained by the Health
and Human Services Commission until the department develops an
application or assessment under Subsection (b). Subject to the
availability of funds, the department shall develop the application
or assessment not later than December 1, 2016. This subsection
expires September 1, 2017.
SECTION 51. Section 264.1075(b), Family Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
amended to read as follows:
(b) As soon as possible after a child begins receiving
foster care under this subchapter, the department shall assess
whether the child has a developmental or intellectual disability.
[The commission shall establish the procedures that the department
must use in making an assessment under this subsection. The
procedures may include screening or participation by:
[(1) a person who has experience in childhood
developmental or intellectual disabilities;
[(2) a local intellectual and developmental
disability authority; or
[(3) a provider in a county with a local child welfare
board.]
SECTION 52. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1085 to read as follows:
Sec. 264.1085. FOSTER CARE PLACEMENT IN COMPLIANCE WITH
FEDERAL LAW REQUIRED. The department or a licensed child-placing
agency making a foster care placement shall comply with the
Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b).
SECTION 53. The heading to Section 264.110, Family Code, is
amended to read as follows:
Sec. 264.110. PROSPECTIVE FOSTER OR ADOPTIVE PARENT
STATEMENT [REGISTRY].
SECTION 54. Section 264.110(d), Family Code, is amended to
read as follows:
(d) Before a child may be placed with a foster or adoptive
parent [person under this section], the prospective foster or
adoptive parent [person] must sign a written statement in which the
prospective foster or adoptive parent [person] agrees to the
immediate removal of the child by the department under
circumstances determined by the department.
SECTION 55. Section 264.121, Family Code, is amended by
amending Subsection (e) and adding Subsection (e-2) to read as
follows:
(e) The department shall ensure that each youth acquires a
copy and a certified copy of the youth's birth certificate, a social
security card or replacement social security card, as appropriate,
and a personal identification certificate under Chapter 521,
Transportation Code, on or before the date on which the youth turns
16 years of age. The department shall designate one or more
employees in the Preparation for Adult Living Program as the
contact person to assist a youth who has not been able to obtain the
documents described by this subsection in a timely manner from the
youth's primary caseworker. The department shall ensure that:
(1) all youth who are age 16 or older are provided with
the contact information for the designated employees; and
(2) a youth who misplaces a document provided under
this subsection receives assistance in obtaining a replacement
document or information on how to obtain a duplicate copy, as
appropriate.
(e-2) When providing a youth with a document required by
Subsection (e-1), the department shall provide the youth with a
copy and a certified copy of the document or with the original
document, as applicable.
SECTION 56. Section 264.014, Family Code, is transferred to
Section 264.121, Family Code, redesignated as Section
264.121(e-1), Family Code, and amended to read as follows:
(e-1) [Sec. 264.014. PROVISION OF COPIES OF CERTAIN
RECORDS.] If, at the time a youth [child] is discharged from foster
care, the youth [child] is at least 18 years of age or has had the
disabilities of minority removed, the department shall provide to
the youth [child], not later than the 30th day before the date the
youth [child] is discharged from foster care, the following
information and documents unless the youth already has the
information or document [a copy of]:
(1) the youth's [child's] birth certificate;
(2) the youth's [child's] immunization records;
(3) the information contained in the youth's [child's]
health passport;
(4) a personal identification certificate under
Chapter 521, Transportation Code;
(5) a social security card or a replacement social
security card, if appropriate; and
(6) proof of enrollment in Medicaid, if appropriate.
SECTION 57. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.126 to read as follows:
Sec. 264.126. REDESIGN IMPLEMENTATION PLAN. (a) The
department shall develop and maintain a plan for implementing the
foster care redesign required by Chapter 598 (S.B. 218), Acts of the
82nd Legislature, Regular Session, 2011. The plan must:
(1) describe the department's expectations, goals, and
approach to implementing foster care redesign;
(2) include a timeline for implementing the foster
care redesign throughout this state, any limitations related to the
implementation, and a progressive intervention plan and a
contingency plan to provide continuity of foster care service
delivery if a contract with a single source continuum contractor
ends prematurely;
(3) delineate and define the case management roles and
responsibilities of the department and the department's
contractors and the duties, employees, and related funding that
will be transferred to the contractor by the department;
(4) identify any training needs and include long-range
and continuous plans for training and cross-training staff;
(5) include a plan for evaluating the costs and tasks
associated with each contract procurement, including the initial
and ongoing contract costs for the department and contractor;
(6) include the department's contract monitoring
approach and a plan for evaluating the performance of each
contractor and the foster care redesign system as a whole that
includes an independent evaluation of processes and outcomes; and
(7) include a report on transition issues resulting
from implementation of the foster care redesign.
(b) The department shall annually:
(1) update the implementation plan developed under
this section and post the updated plan on the department's Internet
website; and
(2) post on the department's Internet website the
progress the department has made toward its goals for implementing
the foster care redesign.
SECTION 58. The heading to Section 264.207, Family Code, is
amended to read as follows:
Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION
[DEPARTMENT PLANNING AND ACCOUNTABILITY].
SECTION 59. Section 264.207(a), Family Code, is amended to
read as follows:
(a) The department must complete [shall adopt policies that
provide for the improvement of the department's services for
children and families, including policies that provide for
conducting] a home study before [within four months after] the date
an applicant is approved for an adoption [and documenting the
results of the home study within 30 days after the date the study is
completed. The policies adopted under this section must:
[(1) be designed to increase the accountability of the
department to individuals who receive services and to the public;
and
[(2) assure consistency of services provided by the
department in the different regions of the state].
SECTION 60. Section 264.302(e), Family Code, is amended to
read as follows:
(e) The department shall provide services for a child and
the child's family if a contract to provide services under this
section is available in the county and the child is referred to the
department as an at-risk child by:
(1) [a court under Section 264.304;
[(2)] a juvenile court or probation department as part
of a progressive sanctions program under Chapter 59;
(2) [(3)] a law enforcement officer or agency under
Section 52.03; or
(3) [(4)] a justice or municipal court under Article
45.057, Code of Criminal Procedure.
SECTION 61. Chapter 265, Family Code, is amended by
designating Sections 265.001 through 265.004 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES
SECTION 62. Subchapter A, Chapter 265, Family Code, as
added by this Act, is amended by adding Section 265.005 to read as
follows:
Sec. 265.005. STRATEGIC PLAN. (a) The department shall
develop and implement a five-year strategic plan for prevention and
early intervention services. Not later than September 1 of the last
fiscal year in each five-year period, the department shall issue a
new strategic plan for the next five fiscal years beginning with the
following fiscal year.
(b) A strategic plan required under this section must:
(1) identify methods to leverage other sources of
funding or provide support for existing community-based prevention
efforts;
(2) include a needs assessment that identifies
programs to best target the needs of the highest risk populations
and geographic areas;
(3) identify the goals and priorities for the
department's overall prevention efforts;
(4) report the results of previous prevention efforts
using available information in the plan;
(5) identify additional methods of measuring program
effectiveness and results or outcomes;
(6) identify methods to collaborate with other state
agencies on prevention efforts; and
(7) identify specific strategies to implement the plan
and to develop measures for reporting on the overall progress
toward the plan's goals.
(c) The department shall coordinate with interested parties
and communities in developing the strategic plan under this
section.
(d) The department shall annually update the strategic plan
developed under this section.
(e) The department shall post the strategic plan developed
under this section and any update to the plan on its Internet
website.
SECTION 63. Subchapter D, Chapter 40, Human Resources Code,
as amended by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, is transferred to Chapter 265, Family Code,
redesignated as Subchapter B, Chapter 265, Family Code, and amended
to read as follows:
SUBCHAPTER B [D]. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION
PROGRAMS
Sec. 265.051 [40.101]. DEFINITIONS. In this subchapter:
(1) "Children's trust fund" means a child abuse and
neglect primary prevention program.
(2) "Primary prevention" means services and
activities available to the community at large or to families to
prevent child abuse and neglect before it occurs. The term includes
infant mortality prevention education programs.
(3) "Operating fund" means the Department of Family
and Protective Services child abuse and neglect prevention
operating fund account.
(4) "State agency" means a board, commission,
department, office, or other state agency that:
(A) is in the executive branch of the state
government;
(B) was created by the constitution or a statute
of this state; and
(C) has statewide jurisdiction.
(5) "Trust fund" means the child abuse and neglect
prevention trust fund account.
Sec. 265.052 [40.102]. CHILD ABUSE AND NEGLECT PRIMARY
PREVENTION PROGRAMS. (a) The department shall operate the
children's trust fund to:
(1) set policy, offer resources for community primary
prevention programs, and provide information and education on
prevention of child abuse and neglect;
(2) develop a state plan for expending funds for child
abuse and neglect primary prevention programs that includes an
annual schedule of transfers of trust fund money to the operating
fund;
(3) develop eligibility criteria for applicants
requesting funding for child abuse and neglect primary prevention
programs; and
(4) establish funding priorities for child abuse and
neglect primary prevention programs.
(b) The children's trust fund shall accommodate the
department's existing rules and policies in procuring, awarding,
and monitoring contracts and grants.
(c) The department may:
(1) apply for and receive funds made available by the
federal government or another public or private source for
administering programs under this subchapter and for funding for
child abuse and neglect primary prevention programs; and
(2) solicit donations for child abuse and neglect
primary prevention programs.
Sec. 265.053 [40.104]. ADMINISTRATIVE AND OTHER COSTS.
(a) Administrative costs under this subchapter during any fiscal
year may not exceed an amount equal to 50 percent of the interest
credited to the trust fund during the preceding fiscal year.
(b) Funds expended under a special project grant from a
governmental source or a nongovernmental source for public
education or public awareness may not be counted as administrative
costs for the purposes of this section.
Sec. 265.054 [40.105]. CHILD ABUSE AND NEGLECT PREVENTION
TRUST FUND ACCOUNT. (a) The child abuse and neglect prevention
trust fund account is an account in the general revenue fund. Money
in the trust fund is dedicated to child abuse and neglect primary
prevention programs.
(b) The department may transfer money contained in the trust
fund to the operating fund at any time. However, during a fiscal
year the department may not transfer more than the amount
appropriated for the operating fund for that fiscal year. Money
transferred to the operating fund that was originally deposited to
the credit of the trust fund under Section 118.022, Local
Government Code, may be used only for child abuse and neglect
primary prevention programs.
(c) Interest earned on the trust fund shall be credited to
the trust fund.
(d) The trust fund is exempt from the application of Section
403.095, Government Code.
(e) All marriage license fees and other fees collected for
and deposited in the trust fund and interest earned on the trust
fund balance shall be appropriated each biennium only to the
operating fund for [primary] child abuse and neglect primary
prevention programs.
Sec. 265.055 [40.106]. DEPARTMENT OPERATING FUND ACCOUNT.
(a) The operating fund is an account in the general revenue fund.
(b) Administrative and other costs allowed in Section
265.053 [40.104] shall be taken from the operating fund. The
department may transfer funds contained in the operating fund to
the trust fund at any time.
(c) The legislature may appropriate the money in the
operating fund to carry out the provisions of this subchapter.
(d) The operating fund is exempt from the application of
Section 403.095, Government Code.
Sec. 265.056 [40.107]. CONTRIBUTIONS. (a) The department
may solicit contributions from any appropriate source.
(b) Any other contributions for child abuse and neglect
primary prevention or other prevention and early intervention
programs shall be deposited into a separate designated fund in the
state treasury and shall be used for that designated purpose.
(c) A person may contribute funds to either the trust fund,
the operating fund, or a fund designated by the department for a
specific child abuse and neglect primary prevention or other
prevention or early intervention purpose.
(d) If a person designates that a contribution is intended
as a donation to a specific fund, the contribution shall be
deposited in the designated fund.
SECTION 64. Section 40.0561, Human Resources Code, is
transferred to Subchapter B, Chapter 265, Family Code, as
transferred and redesignated from Subchapter D, Chapter 40, Human
Resources Code, by this Act, and redesignated as Section 265.057,
Family Code, to read as follows:
Sec. 265.057 [40.0561]. COMMUNITY YOUTH DEVELOPMENT
GRANTS. (a) Subject to available funding, the department shall
award community youth development grants to communities identified
by incidence of crime. The department shall give priority in
awarding grants under this section to areas of the state in which
there is a high incidence of juvenile crime.
(b) The purpose of a grant under this section is to assist a
community in alleviating conditions in the family and community
that lead to juvenile crime.
SECTION 65. Section 266.004, Family Code, is amended by
amending Subsections (e) and (f) and adding Subsection (k) to read
as follows:
(e) The department, a person authorized to consent to
medical care under Subsection (b), the child's parent if the
parent's rights have not been terminated, a guardian ad litem or
attorney ad litem if one has been appointed, or the person providing
foster care to the child may petition the court for any order
related to medical care for a foster child that the department or
other person believes is in the best interest of the child. Notice
of the petition must be given to each person entitled to notice
under Section 263.0021(b) [263.301(b)].
(f) If a physician who has examined or treated the foster
child has concerns regarding the medical care provided to the
foster child, the physician may file a letter with the court stating
the reasons for the physician's concerns. The court shall provide a
copy of the letter to each person entitled to notice under Section
263.0021(b) [263.301(b)].
(k) The department may consent to health care services
ordered or prescribed by a health care provider authorized to order
or prescribe health care services regardless of whether the
services are provided under the medical assistance program under
Chapter 32, Human Resources Code, if the department otherwise has
the authority under this section to consent to health care
services.
SECTION 66. Section 266.0041(d), Family Code, is amended to
read as follows:
(d) An independent medical advocate shall, within a
reasonable time after the appointment, interview:
(1) the foster child in a developmentally appropriate
manner, if the child is four years of age or older;
(2) the foster child's parent, if the parent is
entitled to notification under Section 264.018 [266.005];
(3) an advocate appointed by an institutional review
board in accordance with the Code of Federal Regulations, 45 C.F.R.
Section 46.409(b), if an advocate has been appointed;
(4) the medical team treating the foster child as well
as the medical team conducting the drug research program; and
(5) each individual who has significant knowledge of
the foster child's medical history and condition, including any
foster parent of the child.
SECTION 67. Section 266.010(b), Family Code, is amended to
read as follows:
(b) A court with continuing jurisdiction may make the
determination regarding the foster child's capacity to consent to
medical care during a hearing under Chapter 263 or may hold a
hearing to make the determination on its own motion. The court may
issue an order authorizing the child to consent to all or some of
the medical care as defined by Section 266.001. In addition, a
foster child who is at least 16 years of age, or the foster child's
attorney ad litem, may file a petition with the court for a hearing.
If the court determines that the foster child lacks the capacity to
consent to medical care, the court may consider whether the foster
child has acquired the capacity to consent to medical care at
subsequent hearings under Section 263.5031 [263.503].
SECTION 68. Subdivisions (3), as amended by S.B. 219, Acts
of the 84th Legislature, Regular Session, 2015, and (7), Subsection
(a), Section 411.114, Government Code, are amended to read as
follows:
(3) The Department of Family and Protective Services
is entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
with respect to whom the Department of Family and Protective
Services determines obtaining a criminal history record is
necessary to ensure the safety or welfare of a child, elderly
person, or person with a disability [who is:
[(A) a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers/Big Sisters of
America;
[(B) a volunteer or applicant volunteer with the
"I Have a Dream/Houston" program;
[(C) a volunteer or applicant volunteer with an
organization that provides court-appointed special advocates for
abused or neglected children;
[(D) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected;
[(E) a volunteer or applicant volunteer with a
Texas chapter of the Make-a-Wish Foundation of America;
[(F) a person providing, at the request of the
child's parent, in-home care for a child only if the person gives
written consent to the release and disclosure of the information;
[(G) a child who is related to the caretaker, as
determined under Section 42.002, Human Resources Code, and who
resides in or is present in a child-care facility or family home,
other than a child described by Subdivision (2)(C), or any other
person who has unsupervised access to a child in the care of a
child-care facility or family home;
[(H) an applicant for a position with the
Department of Family and Protective Services, other than a position
described by Subdivision (2)(D), regardless of the duties of the
position;
[(I) a volunteer or applicant volunteer with the
Department of Family and Protective Services, other than a
registered volunteer, regardless of the duties to be performed;
[(J) a person providing or applying to provide
in-home, adoptive, or foster care for children to the extent
necessary to comply with Subchapter B, Chapter 162, Family Code;
[(K) a Department of Family and Protective
Services employee, other than an employee described by Subdivision
(2)(H), regardless of the duties of the employee's position;
[(L) a relative of a child in the care of the
Department of Family and Protective Services, to the extent
necessary to comply with Section 162.007, Family Code;
[(M) a person, other than an alleged perpetrator
in a report described in Subdivision (2)(I), living in the
residence in which the alleged victim of the report resides;
[(N) an employee, volunteer, or applicant
volunteer of a children's advocacy center under Subchapter E,
Chapter 264, Family Code, including a member of the governing board
of a center;
[(O) an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with an entity or
person that contracts with the Department of Family and Protective
Services and has access to confidential information in the
department's records, if the employee, applicant, volunteer, or
applicant volunteer has or will have access to that confidential
information;
[(P) an employee of or volunteer at, or an
applicant for employment with or to be a volunteer at, an entity
that provides supervised independent living services to a young
adult receiving extended foster care services from the Department
of Family and Protective Services;
[(Q) a person 14 years of age or older who will be
regularly or frequently working or staying in a host home that is
providing supervised independent living services to a young adult
receiving extended foster care services from the Department of
Family and Protective Services; or
[(R) a person who volunteers to supervise
visitation under Subchapter B, Chapter 263, Family Code].
(7) The Department of Family and Protective Services
is not prohibited from releasing criminal history record
information obtained under this subsection to:
(A) the person who is the subject of the criminal
history record information;
(B) a child-care facility, child-placing agency,
or family home listed in Subdivision (2) that employs or is
considering employing the person who is the subject of the criminal
history record information;
(C) a person or business entity described by
Subdivision (2)(E) [or (3)] who uses or intends to use the services
of the volunteer or employs or is considering employing the person
who is the subject of the criminal history record information;
(D) a person or business entity who uses or
intends to use the volunteer services of or who employs or is
considering employing the person who is the subject of the criminal
history record if the release of the record is related to the
purpose for which the record was obtained under Subdivision (3);
(E) an adult who resides with an alleged victim
of abuse, neglect, or exploitation of a child, elderly person, or
person with a disability and who also resides with the alleged
perpetrator of that abuse, neglect, or exploitation if:
(i) the alleged perpetrator is the subject
of the criminal history record information; and
(ii) the Department of Family and
Protective Services determines that the release of information to
the adult is necessary to ensure the safety or welfare of the
alleged victim or the adult; or
(F) [(E)] an elderly or disabled person who is an
alleged victim of abuse, neglect, or exploitation and who resides
with the alleged perpetrator of that abuse, neglect, or
exploitation if:
(i) the alleged perpetrator is the subject
of the criminal history record information; and
(ii) the Department of Family and
Protective Services determines that the release of information to
the elderly or disabled person or adult is necessary to ensure the
safety or welfare of the elderly or disabled person.
SECTION 69. (a) Section 40.003, Human Resources Code, is
amended to read as follows:
Sec. 40.003. SUNSET PROVISION. The Department of Family
and Protective Services is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the department is abolished and this chapter expires
September 1, 2027 [2015].
(b) This section takes effect only if H.B. 2304, S.B. 200,
or similar legislation of the 84th Legislature, Regular Session,
2015, providing for the continuation of the Department of Family
and Protective Services is not enacted or does not become law. If
H.B. 2304, S.B. 200, or similar legislation of the 84th
Legislature, Regular Session, 2015, is enacted, becomes law, and
provides for the continuation of the department, this section has
no effect.
SECTION 70. Section 40.030, Human Resources Code, is
amended to read as follows:
Sec. 40.030. ADVISORY COMMITTEES. (a) The executive
commissioner or the executive commissioner's designee may appoint
advisory committees in accordance with Chapter 2110, Government
Code.
(b) The executive commissioner shall adopt rules, in
compliance with Chapter 2110, Government Code, regarding the
purpose, structure, and use of advisory committees by the
department. The rules may include provisions governing:
(1) an advisory committee's size and quorum
requirements;
(2) qualifications for membership of an advisory
committee, including:
(A) requirements relating to experience and
geographic representation; and
(B) requirements for the department to include as
members of advisory committees youth who have aged out of foster
care and parents who have successfully completed family service
plans and whose children were returned to the parents, as
applicable;
(3) appointment procedures for an advisory committee;
(4) terms for advisory committee members; and
(5) compliance with Chapter 551, Government Code.
SECTION 71. Section 40.037(a), Human Resources Code, is
amended to read as follows:
(a) The department shall develop and implement a training
program that each employee who is newly hired or promoted to a
management position in the child protective services division must
complete as soon as is practicable, but not later than the 60th day
after the date the employee is hired or promoted to [before the
employee begins serving in] the management position.
SECTION 72. Section 40.0524(a), Human Resources Code, is
amended to read as follows:
(a) In a jurisdiction for which a children's advocacy center
has not been established under Section 264.402, Family Code, the
department shall, to [To] the extent possible, [the department
shall] establish multidisciplinary teams to provide services
relating to a report of child abuse or neglect. A multidisciplinary
team shall include professionals in parent education and in each
professional discipline necessary to provide comprehensive medical
and psychological services to a child who is the subject of a report
and to members of the child's household.
SECTION 73. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.05275 to read as follows:
Sec. 40.05275. ANNUAL BUSINESS PLAN FOR CHILD PROTECTIVE
SERVICES. (a) The department shall develop and implement an
annual business plan for the child protective services program to
prioritize the department's activities and resources to improve the
program.
(b) The department shall coordinate with the department's
regional staff in developing the annual business plan under this
section.
(c) The annual business plan developed under this section
must include:
(1) long-term and short-term performance goals;
(2) identification of priority projects and ongoing
initiatives that are clearly linked to established goals; and
(3) a statement of staff expectations that includes
identification of:
(A) the person or team responsible for each
project;
(B) the specific tasks and deliverables
expected;
(C) the resources needed to accomplish each
project;
(D) a time frame for the completion of each
deliverable and project; and
(E) the expected outcome for each project and the
method and procedure for measuring the outcome to ensure effective
evaluation for each project.
(d) Not later than October 1 of each year, the department
shall submit the annual business plan developed under this section
to the governor, lieutenant governor, speaker of the house of
representatives, and chairs of the standing committees of the
senate and house of representatives having primary jurisdiction
over child protection issues.
SECTION 74. The heading to Section 40.0528, Human Resources
Code, is amended to read as follows:
Sec. 40.0528. GOALS FOR ANNUAL BUSINESS [COMPREHENSIVE
STAFFING AND WORKLOAD DISTRIBUTION] PLAN FOR CHILD PROTECTIVE
SERVICES; REPORTING CASELOAD INFORMATION.
SECTION 75. Section 40.0528(a), Human Resources Code, is
amended to read as follows:
(a) The department shall consider the following goals in
developing the annual business plan required under Section 40.05275
[develop and implement a staffing and workload distribution plan]
for the child protective services program [to]:
(1) reducing [reduce] caseloads;
(2) enhancing [enhance] accountability;
(3) improving [improve] the quality of
investigations;
(4) eliminating [eliminate] delays; and
(5) ensuring [ensure] the most efficient and effective
use of child protective services staff and resources.
SECTION 76. Chapter 54, Human Resources Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
transferred to Subchapter C, Chapter 40, Human Resources Code,
redesignated as Section 40.075, Human Resources Code, and amended
to read as follows:
[CHAPTER 54. PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES]
Sec. 40.075 [54.001]. PROTECTIVE ORDERS. (a) The
executive commissioner shall adopt rules to provide procedures for
the filing of protective orders by the department [Department of
Family and Protective Services] for the protection of a member of a
family or household as provided by Title 4, Family Code.
(b) [Sec. 54.002. NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD
MEMBER.] The department [Department of Family and Protective
Services] shall provide prior notice to a nonabusive parent or
adult member of a household of the department's intent to file an
application for a protective order for a child or older person and
shall request the assistance of the person receiving the notice in
developing a safety plan for household members and the child or
older person for whom the order is sought. The department shall
exercise reasonable safety precautions to protect a nonabusive
parent or other member of a household while providing notice and
requesting assistance under this section.
SECTION 77. Section 42.048(f), Human Resources Code, is
amended to read as follows:
(f) A license must be issued if the department determines
that a facility meets all requirements. The evaluation shall be
based on one or more visits to the facility and a review of required
forms and records. A license is valid until the license expires, is
revoked, or is surrendered.
SECTION 78. Section 42.050, Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
Sec. 42.050. LICENSE RENEWAL. (a) A license holder may
apply for renewal of a [new] license in compliance with the
requirements of this chapter and department rules.
(b) The application for renewal of a [new] license must be
completed and decided on by the department before the expiration of
the license under which a facility is operating.
(c) The department shall evaluate the application for
renewal of a [new] license to determine if all licensing
requirements are met. The evaluation may include a specified
number of visits to the facility and must include a review of all
required forms and records.
(d) The executive commissioner shall adopt rules governing
the license renewal process for all licenses issued under this
chapter. The rules must include:
(1) renewal periods;
(2) a process for staggered renewals;
(3) a process for resolving a late application for
renewal;
(4) expiration dates; and
(5) conditions for renewal.
SECTION 79. Section 42.052, Human Resources Code, is
amended by amending Subsections (a) and (e) and adding Subsections
(e-1) and (f-1) to read as follows:
(a) A state-operated child-care facility or child-placing
agency must receive certification of approval from the department.
The certification of approval remains valid until the certification
expires, is revoked, or is surrendered.
(e) A registration [or listing] remains valid until the
registration expires, is revoked, or is surrendered. The operator
of a registered home must display the registration in a prominent
place at the home.
(e-1) A listing remains valid until the listing is revoked
or surrendered.
(f-1) The executive commissioner shall adopt rules
governing the certification and registration renewal process for
all certifications and registrations issued under this chapter.
The rules must include:
(1) renewal periods;
(2) a process for staggered renewals;
(3) a process for resolving a late application for
renewal;
(4) expiration dates; and
(5) conditions for renewal.
SECTION 80. Section 42.054, Human Resources Code, is
amended by amending Subsections (a), (b), (c), (d), and (e) and
adding Subsection (h) to read as follows:
(a) The department shall charge an applicant a
nonrefundable application fee [of $35] for an initial license to
operate a child-care facility or a child-placing agency.
(b) The department shall charge each child-care facility a
fee [of $35] for an initial license. The department shall charge
each child-placing agency a fee [of $50] for an initial license.
(c) The department shall charge each licensed child-care
facility an annual license fee [in the amount of $35 plus $1 for
each child the child-care facility is permitted to serve]. The fee
is due on the date on which the department issues the child-care
facility's initial license and on the anniversary of that date.
(d) The department shall charge each licensed child-placing
agency an annual license fee [of $100]. The fee is due on the date
on which the department issues the child-placing agency's initial
license and on the anniversary of that date.
(e) The department shall charge each family home that is
listed or registered with the department an annual fee [to cover a
part of the department's cost in regulating family homes. The
amount of the fee is $20 for a listed home or $35 for a registered
home]. The fee is due on the date on which the department initially
lists or registers the home and on the anniversary of that date.
(h) The executive commissioner by rule shall set fees under
this section.
SECTION 81. Subchapter D, Chapter 42, Human Resources Code,
is amended by adding Section 42.0704 to read as follows:
Sec. 42.0704. ENFORCEMENT POLICY. (a) The executive
commissioner by rule shall adopt a general enforcement policy that
describes the department's approach to enforcement of this chapter.
(b) The enforcement policy must:
(1) summarize the department's general expectations in
enforcing this chapter;
(2) include the methodology required by Subsection
(c); and
(3) describe the department's plan for strengthening
its enforcement efforts and for making objective regulatory
decisions.
(c) As part of the enforcement policy, the department shall
develop and implement a methodology for determining the appropriate
disciplinary action to take against a person who violates this
chapter or a department rule. The methodology must provide
guidance on when to use each of the available tools of enforcement,
including technical assistance, voluntary plans of action,
evaluation, probation, suspension or revocation of a license or
registration, denial of a license or registration, administrative
penalties, and emergency suspension. The methodology must allow
the department to consider the circumstances of a particular case,
including the nature and seriousness of the violation, history of
previous violations, and aggravating and mitigating factors, in
determining the appropriate disciplinary action.
(d) The department shall make the methodology described by
Subsection (c) available to the public, including by posting the
methodology on the department's Internet website.
SECTION 82. Section 42.078(a-2), Human Resources Code, is
amended to read as follows:
(a-2) The department may impose an administrative penalty
without first imposing a nonmonetary administrative sanction for
violating a minimum standard applicable to a facility or family
home under this chapter that is determined by the department to be a
high-risk standard, including background check standards, safety
hazard standards, and supervision standards [the following
violations:
[(1) failing to timely submit the information required
to conduct a background and criminal history check under Section
42.056 and applicable department rules on two or more occasions;
[(2) failing to submit the information required to
conduct a background and criminal history check under Section
42.056 and applicable department rules before the 30th day after
the date the facility or family home is notified by the department
that the information is overdue;
[(3) except as provided by Section 42.056(g),
knowingly allowing a person to be present in a facility or family
home when the person's background and criminal history check has
not been received;
[(4) knowingly allowing a person to be present in a
facility or family home when the person's background and criminal
history check has been received and contains criminal history or
central registry findings that under department rules preclude the
person from being present in the facility or family home; or
[(5) violating a condition or restriction the
department places on a person's presence at a facility or family
home as part of a pending or approved risk evaluation of the
person's background and criminal history or central registry
findings].
SECTION 83. Subchapter D, Chapter 42, Human Resources Code,
is amended by adding Section 42.079 to read as follows:
Sec. 42.079. CEASE AND DESIST ORDER. (a) If it appears to
the department that a person who is not licensed, certified,
registered, or listed under this chapter is operating a child-care
facility or family home, the department, after notice and
opportunity for a hearing, may issue a cease and desist order
prohibiting the person from operating the facility or home.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under Section
42.078.
SECTION 84. Section 244.0105(a), Human Resources Code, is
amended to read as follows:
(a) Not later than the 10th day before the date of a
permanency hearing under Subchapter D, Chapter 263, Family Code, or
[a placement review hearing under] Subchapter F, Chapter 263,
Family Code, regarding a child for whom the Department of Family and
Protective Services has been appointed managing conservator, a
department caseworker shall submit a written report regarding the
child's commitment to the department to:
(1) the court;
(2) the Department of Family and Protective Services;
(3) any attorney ad litem or guardian ad litem
appointed for the child; and
(4) any volunteer advocate appointed for the child.
SECTION 85. Section 244.0106(c), Human Resources Code, is
amended to read as follows:
(c) The rules adopted under this section must require:
(1) the Department of Family and Protective Services
to:
(A) provide the department with access to
relevant health and education information regarding a child; and
(B) require a child's caseworker to visit the
child in person at least once each month while the child is
committed to the department;
(2) the department to:
(A) provide the Department of Family and
Protective Services with relevant health and education information
regarding a child;
(B) permit communication, including in person,
by telephone, and by mail, between a child committed to the
department and:
(i) the Department of Family and Protective
Services; and
(ii) the attorney ad litem, the guardian ad
litem, and the volunteer advocate for the child; and
(C) provide the Department of Family and
Protective Services and any attorney ad litem or guardian ad litem
for the child with timely notice of the following events relating to
the child:
(i) a meeting designed to develop or revise
the individual case plan for the child;
(ii) in accordance with any participation
protocols to which the Department of Family and Protective Services
and the department agree, a medical appointment at which a person
authorized to consent to medical care must participate as required
by Section 266.004(i), Family Code;
(iii) an education meeting, including
admission, review, or dismissal meetings for a child receiving
special education;
(iv) a grievance or disciplinary hearing
for the child;
(v) a report of abuse or neglect of the
child; and
(vi) a significant change in medical
condition of the child, as defined by Section 264.018 [266.005],
Family Code; and
(3) the Department of Family and Protective Services
and the department to participate in transition planning for the
child through release from detention, release under supervision,
and discharge.
SECTION 86. The following provisions, including provisions
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, are repealed:
(1) Section 162.302, Family Code;
(2) Section 162.303, Family Code;
(3) Sections 162.304(c), (d), and (e), Family Code;
(4) Section 162.308, Family Code;
(5) Section 162.309, Family Code;
(6) Section 261.004, Family Code;
(7) Section 261.203(d), Family Code;
(8) Section 261.3012, Family Code;
(9) Sections 261.308(b) and (c), Family Code;
(10) Section 261.310(c), Family Code;
(11) Section 261.3101, Family Code;
(12) Section 262.1041, Family Code;
(13) Section 262.105(b), Family Code;
(14) Section 263.008(a)(2), Family Code;
(15) Sections 263.009(c), (d), (e), and (f), Family
Code;
(16) Sections 263.102(c) and (g), Family Code;
(17) Section 263.306(a), Family Code, as amended by
Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619), Acts
of the 83rd Legislature, Regular Session, 2013;
(18) Section 263.306(b), Family Code;
(19) Sections 263.501(d) and (e), Family Code;
(20) Sections 263.502(b), (c), and (d), Family Code;
(21) Section 263.503, Family Code;
(22) Sections 264.002(a), (b), (c), and (d), Family
Code;
(23) Section 264.012, Family Code;
(24) Section 264.016, Family Code;
(25) Sections 264.107(a), (c), and (d), Family Code;
(26) Section 264.1071, Family Code;
(27) Section 264.108, Family Code;
(28) Sections 264.110(a), (b), (c), (e), (f), (g), and
(h), Family Code;
(29) Section 264.111, Family Code;
(30) Section 264.117, Family Code;
(31) Section 264.119, Family Code;
(32) Section 264.207(b), Family Code;
(33) Section 264.208, Family Code;
(34) Section 264.303, Family Code;
(35) Section 264.304, Family Code;
(36) Section 264.305, Family Code;
(37) Section 264.306, Family Code;
(38) Section 264.752(b), Family Code;
(39) Section 264.851(1), Family Code;
(40) Section 266.001(4), Family Code;
(41) Section 266.005, Family Code;
(42) Section 40.001(5), Human Resources Code;
(43) Section 40.0305, Human Resources Code;
(44) Section 40.031, Human Resources Code;
(45) Section 40.0324, Human Resources Code;
(46) Section 40.0327, Human Resources Code;
(47) Section 40.036, Human Resources Code;
(48) Sections 40.037(b) and (c), Human Resources Code;
(49) Section 40.052, Human Resources Code;
(50) Section 40.0523, Human Resources Code;
(51) Section 40.0524(d), Human Resources Code;
(52) Section 40.0525, Human Resources Code;
(53) Sections 40.0528(b) and (c), Human Resources
Code;
(54) Section 40.0566, Human Resources Code;
(55) Section 40.069, Human Resources Code; and
(56) Section 40.073, Human Resources Code.
SECTION 87. Not later than January 1, 2016, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement the changes in law made by this
Act.
SECTION 88. (a) Using existing resources, the Department
of Family and Protective Services shall conduct a study to
determine whether authorization agreements under Chapter 34,
Family Code, should be expanded to include authorization agreements
between a parent of a child and a person who is unrelated to the
child.
(b) Not later than December 31, 2016, the Department of
Family and Protective Services shall make recommendations related
to the study to the governor, lieutenant governor, speaker of the
house of representatives, and members of the legislature.
(c) This section expires September 1, 2017.
SECTION 89. Not later than January 1, 2016, the Department
of Family and Protective Services shall seek public input for the
initial report required under Section 264.017, Family Code, as
added by this Act.
SECTION 90. Not later than September 1, 2016, the
Department of Family and Protective Services shall adopt the
initial strategic plan required by Section 265.005, Family Code, as
added by this Act.
SECTION 91. Section 42.078, Human Resources Code, as
amended by this Act, applies only to a violation that occurs on or
after the effective date of this Act. A violation that occurs
before the effective date of this Act is governed by the law in
effect at the time the violation occurred, and the former law is
continued in effect for that purpose.
SECTION 92. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2015.
(b) Sections 42.050(d) and 42.052(f-1), Human Resources
Code, as added by this Act, take effect September 1, 2016.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 206 passed the Senate on
April 13, 2015, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 206 passed the House, with
amendments, on May 27, 2015, by the following vote: Yeas 146,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor