Bill Text: TX SB993 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the removal of a child by the Department of Family and Protective Services, including certain arrangements to provide care for a child during an investigation of abuse or neglect.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB993 Detail]

Download: Texas-2011-SB993-Enrolled.html

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S.B. No. 993

AN ACT
relating to the removal of a child by the Department of Family and
Protective Services, including certain arrangements to provide
care for a child during an investigation of abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 264, Family Code, is amended by adding
Subchapter L to read as follows:
SUBCHAPTER L. PARENTAL CHILD SAFETY PLACEMENTS
Sec. 264.901. DEFINITIONS. In this subchapter:
(1) "Caregiver" means an individual, other than a
child's parent, conservator, or legal guardian, who is related to
the child or has a long-standing and significant relationship with
the child or the child's family.
(2) "Parental child safety placement" means a
temporary out-of-home placement of a child with a caregiver that is
made by a parent or other person with whom the child resides in
accordance with a written agreement approved by the department that
ensures the safety of the child:
(A) during an investigation by the department of
alleged abuse or neglect of the child; or
(B) while the parent or other person is receiving
services from the department.
(3) "Parental child safety placement agreement" means
an agreement between a parent or other person making a parental
child safety placement and the caregiver that contains the terms of
the placement and is approved by the department.
Sec. 264.902. PARENTAL CHILD SAFETY PLACEMENT AGREEMENT.
(a) A parental child safety placement agreement must include terms
that clearly state:
(1) the respective duties of the person making the
placement and the caregiver, including a plan for how the caregiver
will access necessary medical treatment for the child and the
caregiver's duty to ensure that a school-age child is enrolled in
and attending school;
(2) conditions under which the person placing the
child may have access to the child, including how often the person
may visit and the circumstances under which the person's visit may
occur;
(3) the duties of the department;
(4) the date on which the agreement will terminate
unless terminated sooner or extended to a subsequent date as
provided under department policy; and
(5) any other term the department determines necessary
for the safety and welfare of the child.
(b) A parental child safety placement agreement must
contain the following statement in boldface type and capital
letters: "YOUR AGREEMENT TO THE PARENTAL CHILD SAFETY PLACEMENT IS
NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT
BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT."
(c) A parental child safety placement agreement must be in
writing and signed by the person making the placement and the
caregiver.
(d) The department must provide a written copy of the
parental child safety placement agreement to the person making the
placement and the caregiver.
Sec. 264.903. CAREGIVER EVALUATION. (a) The department
shall develop policies and procedures for evaluating a potential
caregiver's qualifications to care for a child under this
subchapter, including policies and procedures for evaluating:
(1) the criminal history of a caregiver;
(2) allegations of abuse or neglect against a
caregiver; and
(3) a caregiver's home environment and ability to care
for the child.
(b) A department caseworker who performs an evaluation of a
caregiver under this section shall document the results of the
evaluation in the department's case records.
(c) If, after performing an evaluation of a potential
caregiver, the department determines that it is not in the child's
best interest to be placed with the caregiver, the department shall
notify the person who proposed the caregiver and the proposed
caregiver of the reasons for the department's decision, but may not
disclose the specifics of any criminal history or allegations of
abuse or neglect unless the caregiver agrees to the disclosure.
Sec. 264.904. DEPARTMENT PROCEDURES FOR CLOSING CASE.
(a) Before closing a case in which the department has approved a
parental child safety placement, the department must develop a plan
with the person who made the placement and the caregiver for the
safe return of the child to the person who placed the child with the
caregiver or to another person legally entitled to possession of
the child, as appropriate.
(b) The department may close a case with a child still
living with the caregiver in a parental child safety placement if
the department has determined that the child could safely return to
the parent or person who made the parental child safety placement
but the parent or other person agrees in writing for the child to
continue to reside with the caregiver.
(c) If the department determines that the child is unable to
safely return to the parent or person who made the parental child
safety placement, the department shall determine whether the child
can remain safely in the home of the caregiver or whether the
department must seek legal conservatorship of the child in order to
ensure the child's safety.
(d) Before the department may close a case with a child
still living in a parental child safety placement, the department
must:
(1) determine and document in the case file that the
child can safely remain in the placement without the department's
supervision;
(2) obtain the written agreement of the parent or
person who made the parental child safety placement, if possible;
(3) obtain the caregiver's agreement in writing that
the child can continue living in the placement after the department
closes the case; and
(4) develop a written plan for the child's care after
the department closes the case.
(e) The department is not required to comply with Subsection
(d) if the department has filed suit seeking to be named conservator
of the child under Chapter 262 and been denied conservatorship of
the child.
Sec. 264.905. REMOVAL OF CHILD BY DEPARTMENT. This
subchapter does not prevent the department from removing a child at
any time from a person who makes a parental child safety placement
or from a caregiver if removal is determined to be necessary by the
department for the safety and welfare of the child as provided by
Chapter 262.
Sec. 264.906. PLACEMENT PREFERENCE DURING CONSERVATORSHIP.
If, while a parental child safety placement agreement is in effect,
the department files suit under Chapter 262 seeking to be named
managing conservator of the child, the department shall give
priority to placing the child with the parental child safety
placement caregiver as long as the placement is safe and available.
SECTION 2. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.1095 to read as follows:
Sec. 262.1095. INFORMATION PROVIDED TO RELATIVES AND
CERTAIN INDIVIDUALS; INVESTIGATION. (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:
(A) is related to the child within the third
degree by consanguinity as determined under Chapter 573, Government
Code, or is an adult relative of the alleged father of the child who
the department determines is most likely to be the child's
biological father; and
(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.
(b) The information provided under Subsection (a) must:
(1) state that the child has been removed from the
child's home and is in the temporary managing conservatorship of
the department;
(2) explain the options available to the individual to
participate in the care and placement of the child and the support
of the child's family;
(3) state that some options available to the
individual may be lost if the individual fails to respond in a
timely manner; and
(4) include, if applicable, the date, time, and
location of the hearing under Subchapter C, Chapter 263.
(c) The department is not required to provide information to
an individual if the individual has received service of citation
under Section 102.009 or if the department determines providing
information is inappropriate because the individual has a criminal
history or a history of family violence.
(d) The department shall use due diligence to identify and
locate all individuals described by Subsection (a) not later than
the 30th day after the date the department files a suit affecting
the parent-child relationship. In order to identify and locate the
individuals described by Subsection (a), the department shall seek
information from:
(1) each parent, relative, and alleged father of the
child; and
(2) the child in an age-appropriate manner.
(e) The failure of a parent or alleged father of the child to
complete the proposed child placement resources form does not
relieve the department of its duty to seek information about the
person under Subsection (d).
SECTION 3. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.007 to read as follows:
Sec. 263.007. REPORT REGARDING NOTIFICATION OF RELATIVES.
Not later than the 10th day before the date set for a hearing under
Subchapter C, the department shall file with the court a report
regarding:
(1) the efforts the department made to identify,
locate, and provide information to the individuals described by
Section 262.1095;
(2) the name of each individual the department
identified, located, or provided with information; and
(3) if applicable, an explanation of why the
department was unable to identify, locate, or provide information
to an individual described by Section 262.1095.
SECTION 4. The heading to Section 263.105, Family Code, is
amended to read as follows:
Sec. 263.105. REVIEW OF SERVICE PLAN; MODIFICATION.
SECTION 5. Section 263.105, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The court may modify an original or amended service plan
at any time.
SECTION 6. Subsection (b), Section 263.201, Family Code, is
amended to read as follows:
(b) A status hearing is not required if the court holds an
initial permanency hearing under Section 262.2015 and makes
findings required by Section 263.202 before the date a status
hearing is required by this section.
SECTION 7. Section 263.202, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1), (f),
(g), and (h) to read as follows:
(a) If all persons [parties] entitled to citation and notice
of a status hearing under this chapter were not served, the court
shall make findings as to whether:
(1) the department or other agency has exercised due
diligence to locate all necessary persons, including an alleged
father of the child, regardless of whether the alleged father is
registered with the registry of paternity under Section 160.402;
and
(2) the child and each [custodial] parent, alleged
father, or relative of the child before the court have [has]
furnished to the department all available information necessary to
locate an [another] absent parent, alleged father, or relative of
the child through exercise of due diligence.
(b) Except as otherwise provided by this subchapter
[Subsection (e)], a status hearing shall be limited to matters
related to the contents and execution of the service plan filed with
the court. The court shall review the service plan that the
department or other agency filed under this chapter for
reasonableness, accuracy, and compliance with requirements of
court orders and make findings as to whether:
(1) a plan that has the goal of returning the child to
the child's parents adequately ensures that reasonable efforts are
made to enable the child's parents to provide a safe environment for
the child; [and]
(2) the child's parents have reviewed and understand
the [service] plan and have been advised that unless the parents are
willing and able to provide the child with a safe environment, even
with the assistance of a service plan, within the reasonable period
of time specified in the plan, the parents' parental and custodial
duties and rights may be subject to restriction or to termination
under this code or the child may not be returned to the parents;
(3) the plan is reasonably tailored to address any
specific issues identified by the department or other agency; and
(4) the child's parents and the representative of the
department or other agency have signed the plan.
(b-1) After reviewing the service plan and making any
necessary modifications, the court shall incorporate the service
plan into the orders of the court and may render additional
appropriate orders to implement or require compliance with the
plan.
(f) The court shall review the report filed by the
department under Section 263.007 and inquire into the sufficiency
of the department's efforts to identify, locate, and provide
information to each adult described by Section 262.1095(a). The
court shall order the department to make further efforts to
identify, locate, and provide information to each adult described
by Section 262.1095(a) if the court determines that the
department's efforts have not been sufficient.
(g) The court shall give the child's parents an opportunity
to comment on the service plan.
(h) If a proposed child placement resources form as
described by Section 261.307 has not been submitted, the court
shall require each parent, alleged father, or other person to whom
the department is required to provide a form to submit a completed
form.
SECTION 8. Subchapter C, Chapter 263, Family Code, is
amended by adding Section 263.203 to read as follows:
Sec. 263.203. APPOINTMENT OF ATTORNEY AD LITEM;
ADMONISHMENTS. (a) The court shall advise the parties of the
provisions regarding the mandatory appointment of an attorney ad
litem under Subchapter A, Chapter 107, and shall appoint an
attorney ad litem to represent the interests of any person eligible
if the appointment is required by that subchapter.
(b) The court shall advise the parties that progress under
the service plan will be reviewed at all subsequent hearings,
including a review of whether the parties have acquired or learned
any specific skills or knowledge stated in the plan.
SECTION 9. Subsections (c) and (d), Section 263.202, Family
Code, are repealed.
SECTION 10. The changes in law made by this Act to Chapters
262 and 263, Family Code, apply only to a child taken into
possession by the Department of Family and Protective Services or
another agency on or after the effective date of this Act. A child
taken into possession before that date is governed by the law in
effect on the date the child is taken into possession, and the
former law is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 993 passed the Senate on
April 21, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 993 passed the House, with
amendment, on May 23, 2011, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor