S.B. No. 352
 
 
 
 
AN ACT
  relating to visitation for certain children in the temporary
  managing conservatorship of the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 262, Family Code, is
  amended by adding Section 262.115 to read as follows:
         Sec. 262.115.  VISITATION WITH CERTAIN CHILDREN; TEMPORARY
  VISITATION SCHEDULE.  (a)  In this section, "department" means the
  Department of Family and Protective Services.
         (b)  This section applies only to a child:
               (1)  who is in the temporary managing conservatorship
  of the department; and
               (2)  for whom the department's goal is reunification of
  the child with the child's parent.
         (c)  The department shall ensure that a parent who is
  otherwise entitled to possession of the child has an opportunity to
  visit the child not later than the third day after the date the
  department is named temporary managing conservator of the child
  unless:
               (1)  the department determines that visitation is not
  in the child's best interest; or
               (2)  visitation with the parent would conflict with a
  court order relating to possession of or access to the child.
         (d)  Before a hearing conducted under Subchapter C, the
  department in collaboration with each parent of the child must
  develop a temporary visitation schedule for the child's visits with
  each parent.  The visitation schedule may conform to the
  department's minimum visitation policies. The department shall
  consider the factors listed in Section 263.107(c) in developing the
  temporary visitation schedule.  Unless modified by court order, the
  schedule remains in effect until a visitation plan is developed
  under Section 263.107.
         (e)  The department may include the temporary visitation
  schedule in any report the department submits to the court before or
  during a hearing under Subchapter C.  The court may render any
  necessary order regarding the temporary visitation schedule.
         SECTION 2.  The heading to Chapter 263, Family Code, is
  amended to read as follows:
  CHAPTER 263.  REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF
  DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
         SECTION 3.  The heading to Subchapter B, Chapter 263, Family
  Code, is amended to read as follows:
  SUBCHAPTER B.  SERVICE PLAN AND VISITATION PLAN
         SECTION 4.  Subchapter B, Chapter 263, Family Code, is
  amended by adding Sections 263.107, 263.108, and 263.109 to read as
  follows:
         Sec. 263.107.  VISITATION PLAN. (a)  This section applies
  only to a child in the temporary managing conservatorship of the
  department for whom the department's goal is reunification of the
  child with the child's parent.
         (b)  Not later than the 30th day after the date the
  department is named temporary managing conservator of a child, the
  department in collaboration with each parent of the child shall
  develop a visitation plan.
         (c)  In determining the frequency and circumstances of
  visitation under this section, the department must consider:
               (1)  the safety and best interest of the child;
               (2)  the age of the child;
               (3)  the desires of each parent regarding visitation
  with the child;
               (4)  the location of each parent and the child; and
               (5)  the resources available to the department,
  including the resources to:
                     (A)  ensure that visitation is properly
  supervised by a department employee or an available and willing
  volunteer the department determines suitable after conducting a
  background and criminal history check; and
                     (B)  provide transportation to and from visits.
         (d)  Not later than the 10th day before the date of a status
  hearing under Section 263.201, the department shall file with the
  court a copy of the visitation plan developed under this section.
         (e)  The department may amend the visitation plan on mutual
  agreement of the child's parents and the department or as the
  department considers necessary to ensure the safety of the child.  
  An amendment to the visitation plan must be in the child's best
  interest.  The department shall file a copy of any amended
  visitation plan with the court.
         (f)  A visitation plan developed under this section may not
  conflict with a court order relating to possession of or access to
  the child.
         Sec. 263.108.  REVIEW OF VISITATION PLAN; MODIFICATION.  
  (a)  At the first hearing held under this chapter after the date an
  original or amended visitation plan is filed with the court under
  Section 263.107, the court shall review the visitation plan, taking
  into consideration the factors specified in Section 263.107(c).
         (b)  The court may modify, or order the department to modify,
  an original or amended visitation plan at any time.
         (c)  A parent who is entitled to visitation under a
  visitation plan may at any time file a motion with the court to
  request review and modification of an original or amended
  visitation plan.
         Sec. 263.109.  COURT IMPLEMENTATION OF VISITATION PLAN.
  (a)  After reviewing an original or amended visitation plan, the
  court shall render an order regarding a parent's visitation with a
  child that the court determines appropriate.
         (b)  If the court finds that visitation between a child and a
  parent is not in the child's best interest, the court shall render
  an order that:
               (1)  states the reasons for finding that visitation is
  not in the child's best interest; and
               (2)  outlines specific steps the parent must take to be
  allowed to have visitation with the child.
         (c)  If the order regarding visitation between a child and a
  parent requires supervised visitation to protect the health and
  safety of the child, the order must outline specific steps the
  parent must take to have the level of supervision reduced.
         SECTION 5.  Subsection (a), Section 263.306, 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)  review any visitation plan or amended plan
  required under Section 263.107 and render any orders for visitation
  the court determines necessary;
               (5)  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;
               (6) [(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;
               (7) [(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;
               (8) [(7)]  evaluate the parties' compliance with
  temporary orders and the service plan;
               (9) [(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;
               (10) [(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;
               (11) [(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;
               (12) [(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;
               (13) [(12)]  if the child is committed to the Texas
  Juvenile Justice Department [Youth Commission] or released under
  supervision by the Texas Juvenile Justice Department [Youth
  Commission], determine whether the child's needs for treatment,
  rehabilitation, and education are being met; and
               (14) [(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 6.  Subdivision (3), Subsection (a), Section
  411.114, Government Code, as amended by Chapters 598 (S.B. 218),
  1056 (S.B. 221), and 1082 (S.B. 1178), Acts of the 82nd Legislature,
  Regular Session, 2011, is reenacted and amended to read as follows:
               (3)  The Department of Family and Protective 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 or family 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 or family home;
                     (H)  an applicant for a position with the
  Department of Family and Protective 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 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
  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 Services, to the extent
  necessary to comply with Section 162.007, Family Code;
                     (M)  a person, other than an alleged perpetrator
  in 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 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 Services, including
  a relative of the ward;
                     (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; [or]
                     (Q)  an employee of, an applicant for employment
  with, or a volunteer or an applicant volunteer with an entity or
  person that contracts with the Department of Family and Protective
  Services and has access to confidential information in the
  department's records, if the employee, applicant, volunteer, or
  applicant volunteer has or will have access to that confidential
  information;
                     (R) [(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]
                     (S) [(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; or
                     (T)  a person who volunteers to supervise
  visitation under Subchapter B, Chapter 263, Family Code.
         SECTION 7.  The changes in law made by this Act apply only to
  a child who is taken into possession by the Department of Family and
  Protective Services on or after the effective date of this Act. A
  child taken into possession by the Department of Family and
  Protective Services before the effective date of this Act is
  governed by the law in effect on the date the child was taken into
  possession, and the former law is continued in effect for that
  purpose.
         SECTION 8.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 9.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 352 passed the Senate on
  April 3, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 352 passed the House on
  May 10, 2013, by the following vote:  Yeas 141, Nays 2, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor