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AN ACT
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relating to certain requirements relating to permanency hearings |
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and placement review hearings for children under the care of the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.302, Family Code, is amended to read |
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as follows: |
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Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child |
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shall attend each permanency hearing unless the court specifically |
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excuses the child's attendance. The court shall consult with the |
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child in a developmentally appropriate manner regarding the child's |
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permanency plan, if the child is four years of age or older and if |
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the court determines it is in the best interest of the child. |
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Failure by the child to attend a hearing does not affect the |
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validity of an order rendered at the hearing. |
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SECTION 2. Section 263.501, Family Code, is amended by |
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amending Subsections (d) and (e) and adding Subsection (f) to read |
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as follows: |
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(d) The following are entitled to not less than 10 days' |
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notice of a placement review hearing and are entitled to present |
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evidence and be heard at the hearing: |
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(1) the department; |
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(2) the foster parent, preadoptive parent, relative of |
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the child providing care, or director of the group home or |
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institution in which the child is residing; |
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(3) each parent of the child; |
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(4) each possessory conservator or guardian of the |
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child; |
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(5) the child's attorney ad litem and volunteer |
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advocate, if the appointments were not dismissed in the final |
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order; and |
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(6) any other person or agency named by the court as |
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having an interest in the child's welfare. |
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(e) The licensed administrator of the child-placing agency |
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responsible for placing the child is entitled to not less than 10 |
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days' notice of a placement review hearing. |
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(f) The child shall attend each placement review hearing |
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unless the court specifically excuses the child's attendance. The |
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court shall consult with the child in a developmentally appropriate |
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manner regarding the child's permanency or transition plan, if the |
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child is four years of age or older. Failure by the child to attend |
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a hearing does not affect the validity of an order rendered at the |
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[The court may dispense with the requirement that the child attend a
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placement review] hearing. |
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SECTION 3. The changes in law made by this Act apply only to |
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a permanency hearing or a placement review hearing conducted under |
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Chapter 263, Family Code, on or after the effective date of this |
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Act. A permanency hearing or a placement review hearing conducted |
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before the effective date of this Act is governed by the law in |
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effect on the date the hearing was conducted, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 759 passed the Senate on |
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March 28, 2007, by the following vote: Yeas 30, Nays 0; |
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May 21, 2007, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 24, 2007, House |
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granted request of the Senate; May 26, 2007, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 759 passed the House, with |
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amendments, on May 16, 2007, by the following vote: Yeas 146, |
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Nays 0, one present not voting; May 24, 2007, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 26, 2007, House adopted Conference Committee Report by the |
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following vote: Yeas 145, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |