H.B. No. 1629
 
 
 
 
AN ACT
  relating to the care and protection of foster children committed to
  or released under supervision by the Texas Youth Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.001(b), Family Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subsection, the
  [The] Texas Youth Commission may consent to the medical, dental,
  psychological, and surgical treatment of a child committed to the
  Texas Youth Commission [it] under Title 3 when the person having the
  right to consent has been contacted and that person has not given
  actual notice to the contrary.  Consent for medical, dental,
  psychological, and surgical treatment of a child for whom the
  Department of Family and Protective Services has been appointed
  managing conservator and who is committed to the Texas Youth
  Commission is governed by Sections 266.004, 266.009, and 266.010.
         SECTION 2.  Section 54.04, Family Code, is amended by adding
  Subsection (y) to read as follows:
         (y)  A juvenile court conducting a hearing under this section
  involving a child for whom the Department of Family and Protective
  Services has been appointed managing conservator may communicate
  with the court having continuing jurisdiction over the child before
  the disposition hearing. The juvenile court may allow the parties
  to the suit affecting the parent-child relationship in which the
  Department of Family and Protective Services is a party to
  participate in the communication under this subsection.
         SECTION 3.  Part 1, Subchapter B, Chapter 107, Family Code,
  is amended by adding Section 107.0161 to read as follows:
         Sec. 107.0161.  AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO
  TEXAS YOUTH COMMISSION.  If an order appointing the Department of
  Family and Protective Services as managing conservator of a child
  does not continue the appointment of the child's guardian ad litem
  or attorney ad litem and the child is committed to the Texas Youth
  Commission or released under supervision by the Texas Youth
  Commission, the court may appoint a guardian ad litem or attorney ad
  litem for the child.
         SECTION 4.  Section 263.001(a)(4), Family Code, is amended
  to read as follows:
               (4)  "Substitute care" means the placement of a child
  who is in the conservatorship of the department or an authorized
  agency in care outside the child's home. The term includes foster
  care, institutional care, adoption, [or] placement with a relative
  of the child, or commitment to the Texas Youth Commission.
         SECTION 5.  Section 263.002, Family Code, is amended to read
  as follows:
         Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT.  In a suit
  affecting the parent-child relationship in which the department or
  an authorized agency has been appointed by the court or designated
  in an affidavit of relinquishment of parental rights as the
  temporary or permanent managing conservator of a child, the court
  shall hold a hearing to review:
               (1)  the conservatorship appointment and substitute
  care; and
               (2)  for a child committed to the Texas Youth
  Commission, the child's commitment in the Texas Youth Commission or
  release under supervision by the Texas Youth Commission.
         SECTION 6.  Section 263.302, Family Code, is amended to read
  as follows:
         Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING.  The child
  shall attend each permanency hearing unless the court specifically
  excuses the child's attendance.  A child committed to the Texas
  Youth Commission may attend a permanency hearing in person, by
  telephone, or by videoconference. The court shall consult with
  the child in a developmentally appropriate manner regarding the
  child's permanency plan, if the child is four years of age or older
  and if the court determines it is in the best interest of the child.  
  Failure by the child to attend a hearing does not affect the
  validity of an order rendered at the hearing.
         SECTION 7.  Section 263.303(b), Family Code, is amended to
  read as follows:
         (b)  The permanency progress report must:
               (1)  recommend that the suit be dismissed; or
               (2)  recommend that the suit continue, and:
                     (A)  identify the date for dismissal of the suit
  under this chapter;
                     (B)  provide:
                           (i)  the name of any person entitled to
  notice under Chapter 102 who has not been served;
                           (ii)  a description of the efforts by the
  department or another agency to locate and request service of
  citation; and
                           (iii)  a description of each parent's
  assistance in providing information necessary to locate an unserved
  party;
                     (C)  evaluate the parties' compliance with
  temporary orders and with the service plan;
                     (D)  evaluate whether the child's placement in
  substitute care meets the child's needs and recommend other plans
  or services to meet the child's special needs or circumstances;
                     (E)  describe the permanency plan for the child
  and recommend actions necessary to ensure that a final order
  consistent with that permanency plan is rendered before the date
  for dismissal of the suit under this chapter; [and]
                     (F)  with respect to a child 16 years of age or
  older, identify the services needed to assist the child in the
  transition to adult life; and
                     (G)  with respect to a child committed to the
  Texas Youth Commission or released under supervision by the Texas
  Youth Commission:
                           (i)  evaluate whether the child's needs for
  treatment and education are being met;
                           (ii)  describe, using information provided
  by the Texas Youth Commission, the child's progress in any
  rehabilitation program administered by the Texas Youth Commission;
  and
                           (iii)  recommend other plans or services to
  meet the child's needs.
         SECTION 8.  Section 263.306(a), 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)  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;
               (5)  place the child with a person or entity, 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;
               (6)  evaluate the department's efforts to 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;
               (7)  evaluate the parties' compliance with temporary
  orders and the service plan;
               (8)  determine whether:
                     (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;
               (9)  if the child is placed in institutional 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;
               (10)  if the child is 16 years of age or older, 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;
               (11)  determine plans, services, and further temporary
  orders necessary to ensure that a final order is rendered before the
  date for dismissal of the suit under this chapter; [and]
               (12)  if the child is committed to the Texas Youth
  Commission or released under supervision by the Texas Youth
  Commission, determine whether the child's needs for treatment,
  rehabilitation, and education are being met; and
               (13)  determine the date for dismissal of the 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 9.  Section 263.501, Family Code, is amended by
  amending Subsection (f) and adding Subsection (g) to read as
  follows:
         (f)  The child shall attend each placement review hearing
  unless the court specifically excuses the child's attendance.  A
  child committed to the Texas Youth Commission may attend a
  placement review hearing in person, by telephone, or by
  videoconference. The court shall consult with the child in a
  developmentally appropriate manner regarding the child's
  permanency or transition plan, if the child is four years of age or
  older.  Failure by the child to attend a hearing does not affect the
  validity of an order rendered at the hearing.
         (g)  A court required to conduct placement review hearings
  for a child for whom the department has been appointed permanent
  managing conservator may not dismiss a suit affecting the
  parent-child relationship filed by the department regarding the
  child while the child is committed to the Texas Youth Commission or
  released under the supervision of the Texas Youth Commission,
  unless the child is adopted or permanent managing conservatorship
  of the child is awarded to an individual other than the department.
         SECTION 10.  Section 263.502(c), Family Code, is amended to
  read as follows:
         (c)  The placement review report must:
               (1)  evaluate whether the child's current placement is
  appropriate for meeting the child's needs;
               (2)  evaluate 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 if
  the child is placed in institutional care;
               (3)  contain a discharge plan for a child who is at
  least 16 years of age that identifies the services and specific
  tasks that are needed to assist the child in making the transition
  from substitute care to adult living and describes the services
  that are available through the Preparation for Adult Living Program
  operated by the department;
               (4)  evaluate whether the child's current educational
  placement is appropriate for meeting the child's academic needs;
               (5)  identify other plans or services that are needed
  to meet the child's special needs or circumstances; [and]
               (6)  describe the efforts of the department or
  authorized agency to place the child for adoption if parental
  rights to the child have been terminated and the child is eligible
  for adoption, including efforts to provide adoption promotion and
  support services as defined by 42 U.S.C. Section 629a and other
  efforts consistent with the federal Adoption and Safe Families Act
  of 1997 (Pub. L. No. 105-89); and
               (7)  with respect to a child committed to the Texas
  Youth Commission or released under supervision by the Texas Youth
  Commission:
                     (A)  evaluate whether the child's needs for
  treatment and education are being met;
                     (B)  describe, using information provided by the
  Texas Youth Commission, the child's progress in any rehabilitation
  program administered by the Texas Youth Commission; and
                     (C)  recommend other plans or services to meet the
  child's needs.
         SECTION 11.  Section 263.503, Family Code, is amended to
  read as follows:
         Sec. 263.503.  PLACEMENT REVIEW HEARINGS; PROCEDURE.  At
  each placement review hearing, the court shall determine whether:
               (1)  the child's current placement is necessary, safe,
  and appropriate for meeting the child's needs, including with
  respect to a child placed outside of the state, whether the
  placement continues to be appropriate and in the best interest of
  the child;
               (2)  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 if the child is placed in
  institutional care;
               (3)  the services that are needed to assist a child who
  is at least 16 years of age in making the transition from substitute
  care to independent living are available in the community;
               (4)  other plans or services are needed to meet the
  child's special needs or circumstances;
               (5)  the department or authorized agency 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; [and]
               (6)  the department or authorized agency has made
  reasonable efforts to finalize the permanency plan that is in
  effect for the child; and
               (7)  if the child is committed to the Texas Youth
  Commission or released under supervision by the Texas Youth
  Commission, the child's needs for treatment, rehabilitation, and
  education are being met.
         SECTION 12.  Section 264.0091, Family Code, is amended to
  read as follows:
         Sec. 264.0091.  USE OF TELECONFERENCING AND
  VIDEOCONFERENCING TECHNOLOGY.  Subject to the availability of
  funds, the department, in cooperation with district and county
  courts, shall expand the use of teleconferencing and
  videoconferencing to facilitate participation by medical experts,
  children, and other individuals in court proceedings, including
  children for whom the department, an authorized agency, or a
  licensed child-placing agency has been appointed managing
  conservator and who are committed to the Texas Youth Commission.
         SECTION 13.  Section 61.0731, Human Resources Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  Notwithstanding Subsection (a), if the Department of
  Family and Protective Services has been appointed managing
  conservator for a child, the commission shall disclose records and
  other information concerning the child to the department as
  provided by department rules.
         SECTION 14.  Section 61.0763, Human Resources Code, as added
  by Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular
  Session, 2007, is amended by adding Subsection (e) to read as
  follows:
         (e)  The commission shall ensure that if the Department of
  Family and Protective Services has been appointed managing
  conservator of a child, the department is given the same rights as
  the child's parent under the parent's bill of rights developed under
  this section.
         SECTION 15.  Subchapter E, Chapter 61, Human Resources Code,
  is amended by adding Sections 61.0766 and 61.0767 to read as
  follows:
         Sec. 61.0766.  REPORT CONCERNING FOSTER CHILDREN COMMITTED
  TO COMMISSION.  (a)  Not later than the 10th day before the date of a
  permanency hearing under Subchapter D, Chapter 263, Family Code, or
  a placement review hearing under Subchapter F, Chapter 263, Family
  Code, regarding a child for whom the Department of Family and
  Protective Services has been appointed managing conservator, a
  commission caseworker shall submit a written report regarding the
  child's commitment to the commission to:
               (1)  the court;
               (2)  the Department of Family and Protective Services;
               (3)  any attorney ad litem or guardian ad litem
  appointed for the child; and
               (4)  any volunteer advocate appointed for the child.
         (b)  The report required by Subsection (a) must include:
               (1)  the results of any assessments of the child during
  the child's commitment to the commission, including assessments of
  the child's emotional, mental, educational, psychological,
  psychiatric, medical, or physical needs;
               (2)  information regarding the child's placement in
  particular programs administered by the commission; and
               (3)  a description of the child's progress in programs
  administered by the commission.
         Sec. 61.0767.  RULES REGARDING SERVICES FOR FOSTER CHILDREN.  
  (a)  The commission and the executive commissioner of the Health and
  Human Services Commission shall jointly adopt rules to ensure that
  a child for whom the Department of Family and Protective Services
  has been appointed managing conservator receives appropriate
  services while the child is committed to the commission or released
  under supervision by the commission.
         (b)  The rules adopted under this section must require the
  commission and the Department of Family and Protective Services to
  cooperate in providing appropriate services to a child for whom the
  Department of Family and Protective Services has been appointed
  managing conservator while the child is committed to the commission
  or released under supervision by the commission, including:
               (1)  medical care, as defined by Section 266.001,
  Family Code;
               (2)  mental health treatment and counseling;
               (3)  education, including special education;
               (4)  case management;
               (5)  drug and alcohol abuse assessment or treatment;
               (6)  sex offender treatment; and
               (7)  trauma informed care.
         (c)  The rules adopted under this section must require:
               (1)  the Department of Family and Protective Services
  to:
                     (A)  provide the commission with access to
  relevant health and education information regarding a child; and
                     (B)  require a child's caseworker to visit the
  child in person at least once each month while the child is
  committed to the commission;
               (2)  the commission to:
                     (A)  provide the Department of Family and
  Protective Services with relevant health and education information
  regarding a child;
                     (B)  permit communication, including in person,
  by telephone, and by mail, between a child committed to the
  commission and:
                           (i)  the Department of Family and Protective
  Services; and
                           (ii)  the attorney ad litem, the guardian ad
  litem, and the volunteer advocate for the child; and
                     (C)  provide the Department of Family and
  Protective Services and any attorney ad litem or guardian ad litem
  for the child with timely notice of the following events relating to
  the child:
                           (i)  a meeting designed to develop or revise
  the individual case plan for the child;
                           (ii)  in accordance with any participation
  protocols to which the Department of Family and Protective Services
  and the commission agree, a medical appointment at which a person
  authorized to consent to medical care must participate as required
  by Section 266.004(i), Family Code;
                           (iii)  an education meeting, including
  admission, review, or dismissal meetings for a child receiving
  special education;
                           (iv)  a grievance or disciplinary hearing
  for the child;
                           (v)  a report of abuse or neglect of the
  child; and
                           (vi)  a significant medical condition of the
  child, as defined by Section 266.005, Family Code; and
               (3)  the Department of Family and Protective Services
  and the commission to participate in transition planning for the
  child through release from detention, release under supervision,
  and discharge.
         SECTION 16.  (a)  Not later than April 30, 2010, the executive
  commissioner of the Health and Human Services Commission and of the
  Texas Youth Commission shall adopt the rules required by Section
  61.0767, Human Resources Code, as added by this Act.
         (b)  The changes in law made by this Act apply to an
  individual for whom the Department of Family and Protective
  Services or another agency has been appointed managing conservator
  and who is in the custody of the Texas Youth Commission or released
  under supervision by the Texas Youth Commission on or after the
  effective date of this Act, regardless of the date on which the
  person was committed to the Texas Youth Commission or released
  under supervision by the Texas Youth Commission.
         SECTION 17.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1629 was passed by the House on April
  29, 2009, by the following vote:  Yeas 141, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1629 was passed by the Senate on May
  14, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor