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  S.B. No. 218
 
 
 
 
AN ACT
  relating to procedures in certain suits affecting the parent-child
  relationship and the operation of the child protective services and
  foster care systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 261, Family Code, is
  amended by adding Section 261.3013 to read as follows:
         Sec. 261.3013.  CASE CLOSURE AGREEMENTS PROHIBITED.
  (a)  Except as provided by Subsection (b), on closing a case, the
  department may not enter into a written agreement with a child's
  parent or another adult with whom the child resides that requires
  the parent or other adult to take certain actions after the case is
  closed to ensure the child's safety.
         (b)  This section does not apply to an agreement that is
  entered into by a parent or other adult:
               (1)  following the removal of a child and that is
  subject to the approval of a court with continuing jurisdiction
  over the child;
               (2)  as a result of the person's participation in family
  group conferencing; or
               (3)  as part of a formal case closure plan agreed to by
  the person who will continue to care for a child as a result of a
  parental child safety placement.
         (c)  The department shall develop policies to guide
  caseworkers in the development of case closure agreements
  authorized under Subsections (b)(2) and (3).
         SECTION 2.  Subchapter A, Chapter 262, Family Code, is
  amended by adding Section 262.010 to read as follows:
         Sec. 262.010.  CHILD WITH SEXUALLY TRANSMITTED DISEASE.
  (a)  If during an investigation by the Department of Family and
  Protective Services the department discovers that a child younger
  than 11 years of age has a sexually transmitted disease, the
  department shall:
               (1)  appoint a special investigator to assist in the
  investigation of the case; and
               (2)  file an original suit requesting an emergency
  order under this chapter for possession of the child unless the
  department determines, after taking the following actions, that
  emergency removal is not necessary for the protection of the child:
                     (A)  reviewing the medical evidence to determine
  whether the medical evidence supports a finding that abuse likely
  occurred;
                     (B)  interviewing the child and other persons
  residing in the child's home;
                     (C)  conferring with law enforcement;
                     (D)  determining whether any other child in the
  home has a sexually transmitted disease and, if so, referring the
  child for a sexual abuse examination;
                     (E)  if the department determines a forensic
  interview is appropriate based on the child's age and development,
  ensuring that each child alleged to have been abused undergoes a
  forensic interview by a children's advocacy center established
  under Section 264.402 or another professional with specialized
  training in conducting forensic interviews if a children's advocacy
  center is not available in the county in which the child resides;
                     (F)  consulting with a department staff nurse or
  other medical expert to obtain additional information regarding the
  nature of the sexually transmitted disease and the ways the disease
  is transmitted and an opinion as to whether abuse occurred based on
  the facts of the case;
                     (G)  contacting any additional witness who may
  have information relevant to the investigation, including other
  individuals who had access to the child; and
                     (H)  if the department determines after taking the
  actions described by Paragraphs (A)-(G) that a finding of sexual
  abuse is not supported, obtaining an opinion from the Forensic
  Assessment Center Network as to whether the evidence in the case
  supports a finding that abuse likely occurred.
         (b)  If the department determines that abuse likely
  occurred, the department shall work with law enforcement to obtain
  a search warrant to require an individual the department reasonably
  believes may have sexually abused the child to undergo medically
  appropriate diagnostic testing for sexually transmitted diseases.
         SECTION 3.  Section 262.1015, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a), if the Department of
  Family and Protective Services determines that a protective order
  issued under Title 4 provides a reasonable alternative to obtaining
  an order under that subsection, the department may:
               (1)  file an application for a protective order on
  behalf of the child instead of or in addition to obtaining a
  temporary restraining order under this section; or
               (2)  assist a parent or other adult with whom a child
  resides in obtaining a protective order.
         SECTION 4.  Section 263.103, Family Code, is amended to read
  as follows:
         Sec. 263.103.  ORIGINAL SERVICE PLAN: SIGNING AND TAKING
  EFFECT. (a)  The original service plan shall be developed jointly
  by the child's parents and a representative of the department or
  other authorized agency, including informing the parents of their
  rights in connection with the service plan process. If a parent is
  not able or willing to participate in the development of the service
  plan, it should be so noted in the plan.
         (a-1)  Before the original service plan is signed, the
  child's parents and the representative of the department or other
  authorized agency shall discuss each term and condition of the
  plan.
         (b)  The child's parents and the person preparing the
  original service plan shall sign the plan, and the department shall
  give each parent a copy of the service plan.
         (c)  If the department or other authorized agency determines
  that the child's parents are unable or unwilling to participate in
  the development of the original service plan or sign the [service]
  plan, the department may file the plan without the parents'
  signatures.
         (d)  The original service plan takes effect when:
               (1)  the child's parents and the appropriate
  representative of the department or other authorized agency sign
  the plan; or
               (2)  the court issues an order giving effect to
  [department or other authorized agency files] the plan without the
  parents' signatures.
         (e)  The original service plan is in effect until amended by
  the court or as provided under Section 263.104.
         SECTION 5.  Section 263.104, Family Code, is amended to read
  as follows:
         Sec. 263.104.  AMENDED SERVICE PLAN. (a)  The service plan
  may be amended at any time. The department shall work with the
  parents to jointly develop any amendment to the service plan,
  including informing the parents of their rights in connection with
  the amended service plan process.
         (b)  The amended service plan supersedes the previously
  filed service plan and takes effect when:
               (1)  the child's parents and the appropriate
  representative of the department or other authorized agency sign
  the plan; or
               (2)  the department or other authorized agency
  determines that the child's parents are unable or unwilling to sign
  the amended plan and files it without the parents' signatures.
         (c)  A parent may file a motion with the court at any time to
  request a review and modification of the amended service plan [The
  amended service plan remains in effect until amended by the court].
         (d)  An amended service plan remains in effect until:
               (1)  superseded by a later-amended service plan that
  goes into effect as provided by Subsection (b); or
               (2)  modified by the court.
         SECTION 6.  Section 263.106, Family Code, is amended to read
  as follows:
         Sec. 263.106.  COURT IMPLEMENTATION OF SERVICE PLAN.  After
  reviewing the original or any amended service plan and making any
  changes or modifications it deems necessary, the [The] court shall
  incorporate the original and any amended service plan into the
  orders of the court and may render additional appropriate orders to
  implement or require compliance with an original or amended service
  plan.
         SECTION 7.  Subsection (a), Section 264.118, Family Code, is
  amended to read as follows:
         (a)  The department shall collect and report service and
  outcome information for certain current and former foster care
  youth for use in the National Youth in Transition Database as
  required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80
  et seq [conduct an annual random survey of a sample of children from
  each region of the state who are at least 14 years of age and who
  receive substitute care services. The survey must include
  questions regarding:
               [(1)     the quality of the substitute care services
  provided to the child;
               [(2)     any improvements that could be made to better
  support the child; and
               [(3)     any other factor that the department considers
  relevant to enable the department to identify potential program
  enhancements].
         SECTION 8.  Subdivision (3), Subsection (a), Section
  411.114, Government Code, is amended to read as follows:
               (3)  The Department of Family and Protective [and
  Regulatory] 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, family home, or
  maternity 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, family home, or maternity home;
                     (H)  an applicant for a position with the
  Department of Family and Protective [and Regulatory] 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 [and Regulatory] 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 [and
  Regulatory] 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 [and Regulatory] Services, to
  the extent necessary to comply with Section 162.007, Family Code;
                     (M)  a person, other than the subject of 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 [and Regulatory] 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 [and Regulatory]
  Services, including a relative of the ward; [or]
                     (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;
                     (Q)  an employee of or volunteer at, or an
  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; or
                     (R)  a person 14 years of age or older who 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.
         SECTION 9.  Section 40.036, Human Resources Code, is amended
  to read as follows:
         Sec. 40.036.  ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES
  CASEWORKERS. To improve the quality and consistency of training
  provided to child protective services caseworkers, the department
  shall:
               (1)  augment classroom-based training with a blended
  learning environment using computer-based modules, structured
  field experience, and simulation for skills development;
               (2)  use a core curriculum for all new department
  caseworkers and specialized training for specific jobs;
               (3)  require that department caseworkers transferring
  from one specialty to another must complete the core curriculum and
  advanced training for the new specialty before assuming their new
  responsibilities; [and]
               (4)  centralize accountability and oversight of all
  department training in order to ensure statewide consistency; and
               (5)  require department caseworkers to receive
  training relating to the benefits of using a protective order under
  Title 4, Family Code, to protect a child as an alternative to
  removing the child from the child's home.
         SECTION 10.  Subchapter I, Chapter 521, Transportation Code,
  is amended by adding Section 521.1811 to read as follows:
         Sec. 521.1811.  WAIVER OF FEES FOR FOSTER CARE YOUTH. A
  person is exempt from the payment of any fee for the issuance of a
  driver's license, as provided under this chapter, if that person
  is:
               (1)  younger than 18 years of age and in the managing
  conservatorship of the Department of Family and Protective
  Services; or
               (2)  at least 18 years of age, but younger than 21 years
  of age, and resides in a foster care placement, the cost of which is
  paid by the Department of Family and Protective Services.
         SECTION 11.  (a)  The Department of Family and Protective
  Services shall implement a redesign of the foster care system in
  accordance with the recommendations contained in the department's
  December 2010 Foster Care Redesign report submitted to the
  legislature.
         (b)  The redesign of the foster care system shall be
  implemented with the understanding that the individual needs of a
  child are paramount and that not all indicators are appropriate for
  every child and shall include as goals for the redesign a system
  that ensures:
               (1)  children are safe in their placements;
               (2)  children are placed in their home communities;
               (3)  children are appropriately served in the least
  restrictive environment that supports minimal moves for the child;
               (4)  connections to family and other persons important
  to the child are maintained;
               (5)  children are placed with siblings;
               (6)  services respect the child's culture;
               (7)  children and youth are fully prepared for
  successful adulthood through being provided opportunities,
  experiences, and activities similar to those experienced by
  children and youth who are not in foster care; and
               (8)  children and youth are provided opportunities to
  participate in decisions that impact their lives.
         (c)  The Health and Human Services Commission may use payment
  rates for foster care under the redesigned system that are
  different from those used on the effective date of this Act for
  24-hour residential child care. Payment rates for foster care
  under the redesigned system may include incentive payments for
  superior performance, as well as funding for additional services
  provided to families historically included in 24-hour residential
  child-care rates. Final implementation of the foster care redesign
  must include a payment system based on performance targets.  
  Payment rates under foster care redesign may not result in total
  expenditures for any fiscal year during the 2012-2013 fiscal
  biennium that exceed the amounts appropriated by the 82nd
  Legislature for foster care and other purchased services, except to
  the extent that any increase in total foster care expenditures is
  the direct result of caseload growth.
         SECTION 12.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 218 passed the Senate on
  April 13, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 25, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 218 passed the House, with
  amendments, on May 23, 2011, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor