Bill Text: TX SB218 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB218 Detail]
Download: Texas-2011-SB218-Enrolled.html
S.B. No. 218 |
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relating to procedures in certain suits affecting the parent-child | ||
relationship and the operation of the child protective services and | ||
foster care systems. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 261, Family Code, is | ||
amended by adding Section 261.3013 to read as follows: | ||
Sec. 261.3013. CASE CLOSURE AGREEMENTS PROHIBITED. | ||
(a) Except as provided by Subsection (b), on closing a case, the | ||
department may not enter into a written agreement with a child's | ||
parent or another adult with whom the child resides that requires | ||
the parent or other adult to take certain actions after the case is | ||
closed to ensure the child's safety. | ||
(b) This section does not apply to an agreement that is | ||
entered into by a parent or other adult: | ||
(1) following the removal of a child and that is | ||
subject to the approval of a court with continuing jurisdiction | ||
over the child; | ||
(2) as a result of the person's participation in family | ||
group conferencing; or | ||
(3) as part of a formal case closure plan agreed to by | ||
the person who will continue to care for a child as a result of a | ||
parental child safety placement. | ||
(c) The department shall develop policies to guide | ||
caseworkers in the development of case closure agreements | ||
authorized under Subsections (b)(2) and (3). | ||
SECTION 2. Subchapter A, Chapter 262, Family Code, is | ||
amended by adding Section 262.010 to read as follows: | ||
Sec. 262.010. CHILD WITH SEXUALLY TRANSMITTED DISEASE. | ||
(a) If during an investigation by the Department of Family and | ||
Protective Services the department discovers that a child younger | ||
than 11 years of age has a sexually transmitted disease, the | ||
department shall: | ||
(1) appoint a special investigator to assist in the | ||
investigation of the case; and | ||
(2) file an original suit requesting an emergency | ||
order under this chapter for possession of the child unless the | ||
department determines, after taking the following actions, that | ||
emergency removal is not necessary for the protection of the child: | ||
(A) reviewing the medical evidence to determine | ||
whether the medical evidence supports a finding that abuse likely | ||
occurred; | ||
(B) interviewing the child and other persons | ||
residing in the child's home; | ||
(C) conferring with law enforcement; | ||
(D) determining whether any other child in the | ||
home has a sexually transmitted disease and, if so, referring the | ||
child for a sexual abuse examination; | ||
(E) if the department determines a forensic | ||
interview is appropriate based on the child's age and development, | ||
ensuring that each child alleged to have been abused undergoes a | ||
forensic interview by a children's advocacy center established | ||
under Section 264.402 or another professional with specialized | ||
training in conducting forensic interviews if a children's advocacy | ||
center is not available in the county in which the child resides; | ||
(F) consulting with a department staff nurse or | ||
other medical expert to obtain additional information regarding the | ||
nature of the sexually transmitted disease and the ways the disease | ||
is transmitted and an opinion as to whether abuse occurred based on | ||
the facts of the case; | ||
(G) contacting any additional witness who may | ||
have information relevant to the investigation, including other | ||
individuals who had access to the child; and | ||
(H) if the department determines after taking the | ||
actions described by Paragraphs (A)-(G) that a finding of sexual | ||
abuse is not supported, obtaining an opinion from the Forensic | ||
Assessment Center Network as to whether the evidence in the case | ||
supports a finding that abuse likely occurred. | ||
(b) If the department determines that abuse likely | ||
occurred, the department shall work with law enforcement to obtain | ||
a search warrant to require an individual the department reasonably | ||
believes may have sexually abused the child to undergo medically | ||
appropriate diagnostic testing for sexually transmitted diseases. | ||
SECTION 3. Section 262.1015, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), if the Department of | ||
Family and Protective Services determines that a protective order | ||
issued under Title 4 provides a reasonable alternative to obtaining | ||
an order under that subsection, the department may: | ||
(1) file an application for a protective order on | ||
behalf of the child instead of or in addition to obtaining a | ||
temporary restraining order under this section; or | ||
(2) assist a parent or other adult with whom a child | ||
resides in obtaining a protective order. | ||
SECTION 4. Section 263.103, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.103. ORIGINAL SERVICE PLAN: SIGNING AND TAKING | ||
EFFECT. (a) The original service plan shall be developed jointly | ||
by the child's parents and a representative of the department or | ||
other authorized agency, including informing the parents of their | ||
rights in connection with the service plan process. If a parent is | ||
not able or willing to participate in the development of the service | ||
plan, it should be so noted in the plan. | ||
(a-1) Before the original service plan is signed, the | ||
child's parents and the representative of the department or other | ||
authorized agency shall discuss each term and condition of the | ||
plan. | ||
(b) The child's parents and the person preparing the | ||
original service plan shall sign the plan, and the department shall | ||
give each parent a copy of the service plan. | ||
(c) If the department or other authorized agency determines | ||
that the child's parents are unable or unwilling to participate in | ||
the development of the original service plan or sign the [ |
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plan, the department may file the plan without the parents' | ||
signatures. | ||
(d) The original service plan takes effect when: | ||
(1) the child's parents and the appropriate | ||
representative of the department or other authorized agency sign | ||
the plan; or | ||
(2) the court issues an order giving effect to | ||
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parents' signatures. | ||
(e) The original service plan is in effect until amended by | ||
the court or as provided under Section 263.104. | ||
SECTION 5. Section 263.104, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.104. AMENDED SERVICE PLAN. (a) The service plan | ||
may be amended at any time. The department shall work with the | ||
parents to jointly develop any amendment to the service plan, | ||
including informing the parents of their rights in connection with | ||
the amended service plan process. | ||
(b) The amended service plan supersedes the previously | ||
filed service plan and takes effect when: | ||
(1) the child's parents and the appropriate | ||
representative of the department or other authorized agency sign | ||
the plan; or | ||
(2) the department or other authorized agency | ||
determines that the child's parents are unable or unwilling to sign | ||
the amended plan and files it without the parents' signatures. | ||
(c) A parent may file a motion with the court at any time to | ||
request a review and modification of the amended service plan [ |
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(d) An amended service plan remains in effect until: | ||
(1) superseded by a later-amended service plan that | ||
goes into effect as provided by Subsection (b); or | ||
(2) modified by the court. | ||
SECTION 6. Section 263.106, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. After | ||
reviewing the original or any amended service plan and making any | ||
changes or modifications it deems necessary, the [ |
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incorporate the original and any amended service plan into the | ||
orders of the court and may render additional appropriate orders to | ||
implement or require compliance with an original or amended service | ||
plan. | ||
SECTION 7. Subsection (a), Section 264.118, Family Code, is | ||
amended to read as follows: | ||
(a) The department shall collect and report service and | ||
outcome information for certain current and former foster care | ||
youth for use in the National Youth in Transition Database as | ||
required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80 | ||
et seq [ |
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SECTION 8. Subdivision (3), Subsection (a), Section | ||
411.114, Government Code, is amended to read as follows: | ||
(3) The Department of Family and Protective [ |
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criminal history record information maintained by the department | ||
that relates to a person 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, family home, or | ||
maternity 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, family home, or maternity home; | ||
(H) an applicant for a position with the | ||
Department of Family and Protective [ |
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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 [ |
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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 [ |
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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 [ |
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the extent necessary to comply with Section 162.007, Family Code; | ||
(M) a person, other than the subject of a report | ||
described in Subdivision (2)(I), living in the residence in which | ||
the alleged victim of the report resides; | ||
(N) a contractor or an employee of a contractor | ||
who delivers services to a ward of the Department of Family and | ||
Protective [ |
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estate of the ward; | ||
(O) a person who seeks unsupervised visits with a | ||
ward of the Department of Family and Protective [ |
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Services, including a relative of the ward; [ |
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(P) 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; | ||
(Q) 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; or | ||
(R) 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. | ||
SECTION 9. Section 40.036, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 40.036. ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES | ||
CASEWORKERS. To improve the quality and consistency of training | ||
provided to child protective services caseworkers, the department | ||
shall: | ||
(1) augment classroom-based training with a blended | ||
learning environment using computer-based modules, structured | ||
field experience, and simulation for skills development; | ||
(2) use a core curriculum for all new department | ||
caseworkers and specialized training for specific jobs; | ||
(3) require that department caseworkers transferring | ||
from one specialty to another must complete the core curriculum and | ||
advanced training for the new specialty before assuming their new | ||
responsibilities; [ |
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(4) centralize accountability and oversight of all | ||
department training in order to ensure statewide consistency; and | ||
(5) require department caseworkers to receive | ||
training relating to the benefits of using a protective order under | ||
Title 4, Family Code, to protect a child as an alternative to | ||
removing the child from the child's home. | ||
SECTION 10. Subchapter I, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.1811 to read as follows: | ||
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CARE YOUTH. A | ||
person is exempt from the payment of any fee for the issuance of a | ||
driver's license, as provided under this chapter, if that person | ||
is: | ||
(1) younger than 18 years of age and in the managing | ||
conservatorship of the Department of Family and Protective | ||
Services; or | ||
(2) at least 18 years of age, but younger than 21 years | ||
of age, and resides in a foster care placement, the cost of which is | ||
paid by the Department of Family and Protective Services. | ||
SECTION 11. (a) The Department of Family and Protective | ||
Services shall implement a redesign of the foster care system in | ||
accordance with the recommendations contained in the department's | ||
December 2010 Foster Care Redesign report submitted to the | ||
legislature. | ||
(b) The redesign of the foster care system shall be | ||
implemented with the understanding that the individual needs of a | ||
child are paramount and that not all indicators are appropriate for | ||
every child and shall include as goals for the redesign a system | ||
that ensures: | ||
(1) children are safe in their placements; | ||
(2) children are placed in their home communities; | ||
(3) children are appropriately served in the least | ||
restrictive environment that supports minimal moves for the child; | ||
(4) connections to family and other persons important | ||
to the child are maintained; | ||
(5) children are placed with siblings; | ||
(6) services respect the child's culture; | ||
(7) children and youth are fully prepared for | ||
successful adulthood through being provided opportunities, | ||
experiences, and activities similar to those experienced by | ||
children and youth who are not in foster care; and | ||
(8) children and youth are provided opportunities to | ||
participate in decisions that impact their lives. | ||
(c) The Health and Human Services Commission may use payment | ||
rates for foster care under the redesigned system that are | ||
different from those used on the effective date of this Act for | ||
24-hour residential child care. Payment rates for foster care | ||
under the redesigned system may include incentive payments for | ||
superior performance, as well as funding for additional services | ||
provided to families historically included in 24-hour residential | ||
child-care rates. Final implementation of the foster care redesign | ||
must include a payment system based on performance targets. | ||
Payment rates under foster care redesign may not result in total | ||
expenditures for any fiscal year during the 2012-2013 fiscal | ||
biennium that exceed the amounts appropriated by the 82nd | ||
Legislature for foster care and other purchased services, except to | ||
the extent that any increase in total foster care expenditures is | ||
the direct result of caseload growth. | ||
SECTION 12. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 218 passed the Senate on | ||
April 13, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 25, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 218 passed the House, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |