Bill Text: TX SB352 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to visitation for certain children in the temporary managing conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-25 - Effective on 9/1/13 [SB352 Detail]
Download: Texas-2013-SB352-Enrolled.html
S.B. No. 352 |
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relating to visitation for certain children in the temporary | ||
managing conservatorship of the Department of Family and Protective | ||
Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 262, Family Code, is | ||
amended by adding Section 262.115 to read as follows: | ||
Sec. 262.115. VISITATION WITH CERTAIN CHILDREN; TEMPORARY | ||
VISITATION SCHEDULE. (a) In this section, "department" means the | ||
Department of Family and Protective Services. | ||
(b) This section applies only to a child: | ||
(1) who is in the temporary managing conservatorship | ||
of the department; and | ||
(2) for whom the department's goal is reunification of | ||
the child with the child's parent. | ||
(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 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. | ||
(d) Before a hearing conducted under Subchapter C, the | ||
department in collaboration with each parent of the child must | ||
develop a temporary visitation schedule for the child's visits with | ||
each parent. The visitation schedule may conform to the | ||
department's minimum visitation policies. The department shall | ||
consider the factors listed in Section 263.107(c) in developing the | ||
temporary visitation schedule. Unless modified by court order, the | ||
schedule remains in effect until a visitation plan is developed | ||
under Section 263.107. | ||
(e) The department may include the temporary visitation | ||
schedule in any report the department submits to the court before or | ||
during a hearing under Subchapter C. The court may render any | ||
necessary order regarding the temporary visitation schedule. | ||
SECTION 2. The heading to Chapter 263, Family Code, is | ||
amended to read as follows: | ||
CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF | ||
DEPARTMENT OF FAMILY AND PROTECTIVE [ |
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SECTION 3. The heading to Subchapter B, Chapter 263, Family | ||
Code, is amended to read as follows: | ||
SUBCHAPTER B. SERVICE PLAN AND VISITATION PLAN | ||
SECTION 4. Subchapter B, Chapter 263, Family Code, is | ||
amended by adding Sections 263.107, 263.108, and 263.109 to read as | ||
follows: | ||
Sec. 263.107. VISITATION PLAN. (a) This section applies | ||
only to a child in the temporary managing conservatorship of the | ||
department for whom the department's goal is reunification of the | ||
child with the child's parent. | ||
(b) Not later than the 30th day after the date the | ||
department is named temporary managing conservator of a child, the | ||
department in collaboration with each parent of the child shall | ||
develop a visitation plan. | ||
(c) In determining the frequency and circumstances of | ||
visitation under this section, the department must consider: | ||
(1) the safety and best interest of the child; | ||
(2) the age of the child; | ||
(3) the desires of each parent regarding visitation | ||
with the child; | ||
(4) the location of each parent and the child; and | ||
(5) the resources available to the department, | ||
including the resources to: | ||
(A) ensure that visitation is properly | ||
supervised by a department employee or an available and willing | ||
volunteer the department determines suitable after conducting a | ||
background and criminal history check; and | ||
(B) provide transportation to and from visits. | ||
(d) Not later than the 10th day before the date of a status | ||
hearing under Section 263.201, the department shall file with the | ||
court a copy of the visitation plan developed under this section. | ||
(e) The department may amend the visitation plan on mutual | ||
agreement of the child's parents and the department or as the | ||
department considers necessary to ensure the safety of the child. | ||
An amendment to the visitation plan must be in the child's best | ||
interest. The department shall file a copy of any amended | ||
visitation plan with the court. | ||
(f) A visitation plan developed under this section may not | ||
conflict with a court order relating to possession of or access to | ||
the child. | ||
Sec. 263.108. REVIEW OF VISITATION PLAN; MODIFICATION. | ||
(a) At the first hearing held under this chapter after the date an | ||
original or amended visitation plan is filed with the court under | ||
Section 263.107, the court shall review the visitation plan, taking | ||
into consideration the factors specified in Section 263.107(c). | ||
(b) The court may modify, or order the department to modify, | ||
an original or amended visitation plan at any time. | ||
(c) A parent who is entitled to visitation under a | ||
visitation plan may at any time file a motion with the court to | ||
request review and modification of an original or amended | ||
visitation plan. | ||
Sec. 263.109. COURT IMPLEMENTATION OF VISITATION PLAN. | ||
(a) After reviewing an original or amended visitation plan, the | ||
court shall render an order regarding a parent's visitation with a | ||
child that the court determines appropriate. | ||
(b) If the court finds that visitation between a child and a | ||
parent is not in the child's best interest, the court shall render | ||
an order that: | ||
(1) states the reasons for finding that visitation is | ||
not in the child's best interest; and | ||
(2) outlines specific steps the parent must take to be | ||
allowed to have visitation with the child. | ||
(c) If the order regarding visitation between a child and a | ||
parent requires supervised visitation to protect the health and | ||
safety of the child, the order must outline specific steps the | ||
parent must take to have the level of supervision reduced. | ||
SECTION 5. Subsection (a), Section 263.306, Family Code, is | ||
amended to read as follows: | ||
(a) At each permanency hearing the court shall: | ||
(1) identify all persons or parties present at the | ||
hearing or those given notice but failing to appear; | ||
(2) review the efforts of the department or another | ||
agency in: | ||
(A) attempting to locate all necessary persons; | ||
(B) requesting service of citation; and | ||
(C) 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 efforts of each custodial parent, | ||
alleged father, or relative of the child before the court in | ||
providing information necessary to locate another absent parent, | ||
alleged father, or relative of the child; | ||
(4) review any visitation plan or amended plan | ||
required under Section 263.107 and render any orders for visitation | ||
the court determines necessary; | ||
(5) return the child to the parent or parents if the | ||
child's parent or 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) [ |
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other than a parent, entitled to service under Chapter 102 if the | ||
person or entity is willing and able to provide the child with a | ||
safe environment and the placement of the child is in the child's | ||
best interest; | ||
(7) [ |
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identify relatives who could provide the child with a safe | ||
environment, if the child is not returned to a parent or another | ||
person or entity entitled to service under Chapter 102; | ||
(8) [ |
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temporary orders and the service plan; | ||
(9) [ |
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(A) the child continues to need substitute care; | ||
(B) the child's current placement is appropriate | ||
for meeting the child's needs, including with respect to a child who | ||
has been placed outside of the state, whether that placement | ||
continues to be in the best interest of the child; and | ||
(C) other plans or services are needed to meet | ||
the child's special needs or circumstances; | ||
(10) [ |
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care, determine whether efforts have been made to ensure placement | ||
of the child in the least restrictive environment consistent with | ||
the best interest and special needs of the child; | ||
(11) [ |
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order services that are needed to assist the child in making the | ||
transition from substitute care to independent living if the | ||
services are available in the community; | ||
(12) [ |
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temporary orders necessary to ensure that a final order is rendered | ||
before the date for dismissal of the suit under this chapter; | ||
(13) [ |
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Juvenile Justice Department [ |
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supervision by the Texas Juvenile Justice Department [ |
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rehabilitation, and education are being met; and | ||
(14) [ |
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suit under this chapter and give notice in open court to all parties | ||
of: | ||
(A) the dismissal date; | ||
(B) the date of the next permanency hearing; and | ||
(C) the date the suit is set for trial. | ||
SECTION 6. Subdivision (3), Subsection (a), Section | ||
411.114, Government Code, as amended by Chapters 598 (S.B. 218), | ||
1056 (S.B. 221), and 1082 (S.B. 1178), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is reenacted and 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 | ||
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) a contractor or an employee of a contractor | ||
who delivers services to a ward of the Department of Family and | ||
Protective Services under a contract with the estate of the ward; | ||
(O) a person who seeks unsupervised visits with a | ||
ward of the Department of Family and Protective Services, including | ||
a relative of the ward; | ||
(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; [ |
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(Q) 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; | ||
(R) [ |
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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; [ |
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(S) [ |
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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 | ||
(T) a person who volunteers to supervise | ||
visitation under Subchapter B, Chapter 263, Family Code. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a child who is taken into possession by the Department of Family and | ||
Protective Services on or after the effective date of this Act. A | ||
child taken into possession by the Department of Family and | ||
Protective Services before the effective date of this Act is | ||
governed by the law in effect on the date the child was taken into | ||
possession, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 8. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 9. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 352 passed the Senate on | ||
April 3, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 352 passed the House on | ||
May 10, 2013, by the following vote: Yeas 141, Nays 2, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |