Bill Text: TX SB333 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the appointment of an attorney ad litem for a child in the conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-07 - Referred to Health & Human Services [SB333 Detail]
Download: Texas-2019-SB333-Introduced.html
86R2991 MM-D | ||
By: West | S.B. No. 333 |
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relating to the appointment of an attorney ad litem for a child in | ||
the conservatorship of the Department of Family and Protective | ||
Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.016, Family Code, is amended to read | ||
as follows: | ||
Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF | ||
APPOINTMENT. In a suit filed by a governmental entity in which | ||
termination of the parent-child relationship or appointment of the | ||
entity as conservator of the child is requested: | ||
(1) an order appointing the Department of Family and | ||
Protective Services as the child's managing conservator may provide | ||
for the continuation of the appointment of the guardian ad litem for | ||
the child for any period during the time the child remains in the | ||
conservatorship of the department, as set by the court; | ||
(2) subject to Section 263.4042, an order appointing | ||
the Department of Family and Protective Services as the child's | ||
managing conservator shall [ |
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the appointment of the attorney ad litem for the child as long as | ||
the child remains in the conservatorship of the department; and | ||
(3) an attorney appointed under this subchapter to | ||
serve as an attorney ad litem for a parent or an alleged father | ||
continues to serve in that capacity until the earliest of: | ||
(A) the date the suit affecting the parent-child | ||
relationship is dismissed; | ||
(B) the date all appeals in relation to any final | ||
order terminating parental rights are exhausted or waived; or | ||
(C) the date the attorney is relieved of the | ||
attorney's duties or replaced by another attorney after a finding | ||
of good cause is rendered by the court on the record. | ||
SECTION 2. Subchapter E, Chapter 263, Family Code, is | ||
amended by adding Section 263.4042 to read as follows: | ||
Sec. 263.4042. CONTINUED APPOINTMENT OF ATTORNEY AD LITEM | ||
AFTER FINAL ORDER. (a) On the entry of a final order terminating | ||
the parent-child relationship and naming the Department of Family | ||
and Protective Services as the child's managing conservator, the | ||
court may discharge the attorney ad litem appointed for the child if | ||
the court finds that the child: | ||
(1) resides in the home identified in the child's | ||
permanency plan as the child's permanent home; | ||
(2) has an attorney ad litem or guardian ad litem who | ||
does not object to the child's permanency plan; and | ||
(3) has resided in the home described by Subdivision | ||
(1) for at least three months. | ||
(b) If a court renders an order discharging a child's | ||
attorney ad litem under Subsection (a), at each permanency hearing | ||
following the final order held under Section 263.501, the court | ||
shall make the findings required by Section 263.5031. | ||
SECTION 3. Section 263.5031, Family Code, is amended to | ||
read as follows: | ||
Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL | ||
ORDER. (a) At each permanency hearing after the court renders a | ||
final order, the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in notifying persons entitled to notice under Section | ||
263.0021; 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) whether the department placed the child with | ||
a relative or other designated caregiver and the continuing | ||
necessity and appropriateness of the placement of the child, | ||
including with respect to a child who has been placed outside of | ||
this state, whether the placement continues to be in the best | ||
interest of the child; | ||
(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; | ||
(ii) whether, as of the date of the hearing, | ||
another planned permanent living arrangement is the best permanency | ||
plan for the child and, if so, provide compelling reasons why it | ||
continues to not be in the best interest of the child to: | ||
(a) return home; | ||
(b) be placed for adoption; | ||
(c) be placed with a legal guardian; | ||
or | ||
(d) be placed with a fit and willing | ||
relative; | ||
(iii) whether the department has conducted | ||
an independent living skills assessment under Section | ||
264.121(a-3); | ||
(iv) whether the department has addressed | ||
the goals identified in the child's permanency plan, including the | ||
child's housing plan, and the results of the independent living | ||
skills assessment; | ||
(v) if the youth is 16 years of age or | ||
older, whether there is evidence that the department has provided | ||
the youth with the documents and information listed in Section | ||
264.121(e); and | ||
(vi) if the youth is 18 years of age or | ||
older or has had the disabilities of minority removed, whether | ||
there is evidence that the department has provided the youth with | ||
the documents and information listed in Section 264.121(e-1); | ||
(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. | ||
(b) At each permanency hearing after the court renders a | ||
final order, the court: | ||
(1) for a child who is not represented by an attorney | ||
ad litem shall: | ||
(A) determine whether the child requires | ||
representation by an attorney ad litem under Section 107.016; and | ||
(B) if the court declines to appoint an attorney | ||
ad litem for the child, state the reason for declining to appoint an | ||
attorney ad litem; and | ||
(2) for a child who is represented by an attorney ad | ||
litem: | ||
(A) shall consider the need for continued | ||
appointment of the attorney ad litem for the child; and | ||
(B) may discharge the attorney ad litem appointed | ||
for the child if the court finds that: | ||
(i) the child is eligible for adoption and | ||
living in the home identified in the permanency plan as the child's | ||
permanent home; | ||
(ii) the child's attorney ad litem or | ||
guardian ad litem does not object to the child's permanency plan; | ||
and | ||
(iii) the child has resided in the home | ||
described by Subparagraph (i) for at least three months. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
suit affecting the parent-child relationship filed before, on, or | ||
after the effective date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2019. |