Bill Text: TX SB993 | 2011-2012 | 82nd Legislature | Enrolled
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB993 Detail]
Download: Texas-2011-SB993-Enrolled.html
S.B. No. 993 |
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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 [ |
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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 [ |
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father, or relative of the child before the court have [ |
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furnished to the department all available information necessary to | ||
locate an [ |
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the child through exercise of due diligence. | ||
(b) Except as otherwise provided by this subchapter | ||
[ |
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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; [ |
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(2) the child's parents have reviewed and understand | ||
the [ |
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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 |