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AN ACT
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relating to the removal of a child by the Department of Family and |
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Protective Services, including certain arrangements to provide |
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care for a child during an investigation of abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 264, Family Code, is amended by adding |
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Subchapter L to read as follows: |
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SUBCHAPTER L. PARENTAL CHILD SAFETY PLACEMENTS |
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Sec. 264.901. DEFINITIONS. In this subchapter: |
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(1) "Caregiver" means an individual, other than a |
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child's parent, conservator, or legal guardian, who is related to |
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the child or has a long-standing and significant relationship with |
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the child or the child's family. |
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(2) "Parental child safety placement" means a |
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temporary out-of-home placement of a child with a caregiver that is |
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made by a parent or other person with whom the child resides in |
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accordance with a written agreement approved by the department that |
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ensures the safety of the child: |
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(A) during an investigation by the department of |
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alleged abuse or neglect of the child; or |
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(B) while the parent or other person is receiving |
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services from the department. |
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(3) "Parental child safety placement agreement" means |
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an agreement between a parent or other person making a parental |
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child safety placement and the caregiver that contains the terms of |
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the placement and is approved by the department. |
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Sec. 264.902. PARENTAL CHILD SAFETY PLACEMENT AGREEMENT. |
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(a) A parental child safety placement agreement must include terms |
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that clearly state: |
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(1) the respective duties of the person making the |
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placement and the caregiver, including a plan for how the caregiver |
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will access necessary medical treatment for the child and the |
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caregiver's duty to ensure that a school-age child is enrolled in |
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and attending school; |
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(2) conditions under which the person placing the |
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child may have access to the child, including how often the person |
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may visit and the circumstances under which the person's visit may |
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occur; |
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(3) the duties of the department; |
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(4) the date on which the agreement will terminate |
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unless terminated sooner or extended to a subsequent date as |
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provided under department policy; and |
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(5) any other term the department determines necessary |
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for the safety and welfare of the child. |
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(b) A parental child safety placement agreement must |
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contain the following statement in boldface type and capital |
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letters: "YOUR AGREEMENT TO THE PARENTAL CHILD SAFETY PLACEMENT IS |
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NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT |
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BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT." |
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(c) A parental child safety placement agreement must be in |
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writing and signed by the person making the placement and the |
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caregiver. |
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(d) The department must provide a written copy of the |
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parental child safety placement agreement to the person making the |
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placement and the caregiver. |
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Sec. 264.903. CAREGIVER EVALUATION. (a) The department |
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shall develop policies and procedures for evaluating a potential |
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caregiver's qualifications to care for a child under this |
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subchapter, including policies and procedures for evaluating: |
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(1) the criminal history of a caregiver; |
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(2) allegations of abuse or neglect against a |
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caregiver; and |
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(3) a caregiver's home environment and ability to care |
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for the child. |
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(b) A department caseworker who performs an evaluation of a |
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caregiver under this section shall document the results of the |
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evaluation in the department's case records. |
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(c) If, after performing an evaluation of a potential |
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caregiver, the department determines that it is not in the child's |
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best interest to be placed with the caregiver, the department shall |
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notify the person who proposed the caregiver and the proposed |
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caregiver of the reasons for the department's decision, but may not |
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disclose the specifics of any criminal history or allegations of |
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abuse or neglect unless the caregiver agrees to the disclosure. |
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Sec. 264.904. DEPARTMENT PROCEDURES FOR CLOSING CASE. |
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(a) Before closing a case in which the department has approved a |
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parental child safety placement, the department must develop a plan |
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with the person who made the placement and the caregiver for the |
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safe return of the child to the person who placed the child with the |
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caregiver or to another person legally entitled to possession of |
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the child, as appropriate. |
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(b) The department may close a case with a child still |
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living with the caregiver in a parental child safety placement if |
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the department has determined that the child could safely return to |
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the parent or person who made the parental child safety placement |
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but the parent or other person agrees in writing for the child to |
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continue to reside with the caregiver. |
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(c) If the department determines that the child is unable to |
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safely return to the parent or person who made the parental child |
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safety placement, the department shall determine whether the child |
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can remain safely in the home of the caregiver or whether the |
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department must seek legal conservatorship of the child in order to |
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ensure the child's safety. |
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(d) Before the department may close a case with a child |
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still living in a parental child safety placement, the department |
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must: |
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(1) determine and document in the case file that the |
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child can safely remain in the placement without the department's |
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supervision; |
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(2) obtain the written agreement of the parent or |
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person who made the parental child safety placement, if possible; |
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(3) obtain the caregiver's agreement in writing that |
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the child can continue living in the placement after the department |
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closes the case; and |
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(4) develop a written plan for the child's care after |
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the department closes the case. |
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(e) The department is not required to comply with Subsection |
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(d) if the department has filed suit seeking to be named conservator |
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of the child under Chapter 262 and been denied conservatorship of |
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the child. |
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Sec. 264.905. REMOVAL OF CHILD BY DEPARTMENT. This |
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subchapter does not prevent the department from removing a child at |
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any time from a person who makes a parental child safety placement |
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or from a caregiver if removal is determined to be necessary by the |
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department for the safety and welfare of the child as provided by |
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Chapter 262. |
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Sec. 264.906. PLACEMENT PREFERENCE DURING CONSERVATORSHIP. |
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If, while a parental child safety placement agreement is in effect, |
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the department files suit under Chapter 262 seeking to be named |
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managing conservator of the child, the department shall give |
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priority to placing the child with the parental child safety |
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placement caregiver as long as the placement is safe and available. |
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SECTION 2. Subchapter B, Chapter 262, Family Code, is |
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amended by adding Section 262.1095 to read as follows: |
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Sec. 262.1095. INFORMATION PROVIDED TO RELATIVES AND |
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CERTAIN INDIVIDUALS; INVESTIGATION. (a) When the Department of |
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Family and Protective Services or another agency takes possession |
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of a child under this chapter, the department: |
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(1) shall provide information as prescribed by this |
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section to each adult the department is able to identify and locate |
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who: |
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(A) is related to the child within the third |
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degree by consanguinity as determined under Chapter 573, Government |
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Code, or is an adult relative of the alleged father of the child who |
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the department determines is most likely to be the child's |
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biological father; and |
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(B) is identified as a potential relative or |
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designated caregiver, as defined by Section 264.751, on the |
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proposed child placement resources form provided under Section |
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261.307; and |
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(2) may provide information as prescribed by this |
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section to each adult the department is able to identify and locate |
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who has a long-standing and significant relationship with the |
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child. |
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(b) The information provided under Subsection (a) must: |
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(1) state that the child has been removed from the |
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child's home and is in the temporary managing conservatorship of |
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the department; |
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(2) explain the options available to the individual to |
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participate in the care and placement of the child and the support |
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of the child's family; |
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(3) state that some options available to the |
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individual may be lost if the individual fails to respond in a |
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timely manner; and |
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(4) include, if applicable, the date, time, and |
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location of the hearing under Subchapter C, Chapter 263. |
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(c) The department is not required to provide information to |
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an individual if the individual has received service of citation |
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under Section 102.009 or if the department determines providing |
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information is inappropriate because the individual has a criminal |
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history or a history of family violence. |
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(d) The department shall use due diligence to identify and |
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locate all individuals described by Subsection (a) not later than |
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the 30th day after the date the department files a suit affecting |
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the parent-child relationship. In order to identify and locate the |
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individuals described by Subsection (a), the department shall seek |
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information from: |
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(1) each parent, relative, and alleged father of the |
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child; and |
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(2) the child in an age-appropriate manner. |
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(e) The failure of a parent or alleged father of the child to |
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complete the proposed child placement resources form does not |
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relieve the department of its duty to seek information about the |
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person under Subsection (d). |
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SECTION 3. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.007 to read as follows: |
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Sec. 263.007. REPORT REGARDING NOTIFICATION OF RELATIVES. |
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Not later than the 10th day before the date set for a hearing under |
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Subchapter C, the department shall file with the court a report |
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regarding: |
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(1) the efforts the department made to identify, |
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locate, and provide information to the individuals described by |
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Section 262.1095; |
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(2) the name of each individual the department |
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identified, located, or provided with information; and |
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(3) if applicable, an explanation of why the |
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department was unable to identify, locate, or provide information |
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to an individual described by Section 262.1095. |
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SECTION 4. The heading to Section 263.105, Family Code, is |
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amended to read as follows: |
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Sec. 263.105. REVIEW OF SERVICE PLAN; MODIFICATION. |
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SECTION 5. Section 263.105, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The court may modify an original or amended service plan |
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at any time. |
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SECTION 6. Subsection (b), Section 263.201, Family Code, is |
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amended to read as follows: |
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(b) A status hearing is not required if the court holds an |
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initial permanency hearing under Section 262.2015 and makes |
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findings required by Section 263.202 before the date a status |
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hearing is required by this section. |
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SECTION 7. Section 263.202, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1), (f), |
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(g), and (h) to read as follows: |
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(a) If all persons [parties] entitled to citation and notice |
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of a status hearing under this chapter were not served, the court |
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shall make findings as to whether: |
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(1) the department or other agency has exercised due |
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diligence to locate all necessary persons, including an alleged |
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father of the child, regardless of whether the alleged father is |
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registered with the registry of paternity under Section 160.402; |
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and |
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(2) the child and each [custodial] parent, alleged |
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father, or relative of the child before the court have [has] |
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furnished to the department all available information necessary to |
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locate an [another] absent parent, alleged father, or relative of |
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the child through exercise of due diligence. |
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(b) Except as otherwise provided by this subchapter |
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[Subsection (e)], a status hearing shall be limited to matters |
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related to the contents and execution of the service plan filed with |
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the court. The court shall review the service plan that the |
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department or other agency filed under this chapter for |
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reasonableness, accuracy, and compliance with requirements of |
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court orders and make findings as to whether: |
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(1) a plan that has the goal of returning the child to |
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the child's parents adequately ensures that reasonable efforts are |
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made to enable the child's parents to provide a safe environment for |
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the child; [and] |
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(2) the child's parents have reviewed and understand |
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the [service] plan and have been advised that unless the parents are |
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willing and able to provide the child with a safe environment, even |
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with the assistance of a service plan, within the reasonable period |
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of time specified in the plan, the parents' parental and custodial |
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duties and rights may be subject to restriction or to termination |
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under this code or the child may not be returned to the parents; |
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(3) the plan is reasonably tailored to address any |
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specific issues identified by the department or other agency; and |
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(4) the child's parents and the representative of the |
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department or other agency have signed the plan. |
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(b-1) After reviewing the service plan and making any |
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necessary modifications, the court shall incorporate the service |
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plan into the orders of the court and may render additional |
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appropriate orders to implement or require compliance with the |
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plan. |
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(f) The court shall review the report filed by the |
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department under Section 263.007 and inquire into the sufficiency |
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of the department's efforts to identify, locate, and provide |
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information to each adult described by Section 262.1095(a). The |
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court shall order the department to make further efforts to |
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identify, locate, and provide information to each adult described |
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by Section 262.1095(a) if the court determines that the |
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department's efforts have not been sufficient. |
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(g) The court shall give the child's parents an opportunity |
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to comment on the service plan. |
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(h) If a proposed child placement resources form as |
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described by Section 261.307 has not been submitted, the court |
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shall require each parent, alleged father, or other person to whom |
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the department is required to provide a form to submit a completed |
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form. |
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SECTION 8. Subchapter C, Chapter 263, Family Code, is |
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amended by adding Section 263.203 to read as follows: |
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Sec. 263.203. APPOINTMENT OF ATTORNEY AD LITEM; |
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ADMONISHMENTS. (a) The court shall advise the parties of the |
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provisions regarding the mandatory appointment of an attorney ad |
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litem under Subchapter A, Chapter 107, and shall appoint an |
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attorney ad litem to represent the interests of any person eligible |
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if the appointment is required by that subchapter. |
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(b) The court shall advise the parties that progress under |
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the service plan will be reviewed at all subsequent hearings, |
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including a review of whether the parties have acquired or learned |
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any specific skills or knowledge stated in the plan. |
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SECTION 9. Subsections (c) and (d), Section 263.202, Family |
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Code, are repealed. |
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SECTION 10. The changes in law made by this Act to Chapters |
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262 and 263, Family Code, apply only to a child taken into |
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possession by the Department of Family and Protective Services or |
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another agency on or after the effective date of this Act. A child |
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taken into possession before that date is governed by the law in |
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effect on the date the child is taken into possession, and the |
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former law is continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2011. |
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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. 993 passed the Senate on |
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April 21, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, 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. 993 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one 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 |