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