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AN ACT
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relating to providing stable placement for certain children in the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 263, Family Code, is |
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amended to read as follows: |
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CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF |
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DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES |
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SECTION 2. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.009 to read as follows: |
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Sec. 263.009. PERMANENCY PLANNING MEETINGS. (a) The |
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department shall hold a permanency planning meeting for each child |
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for whom the department is appointed temporary managing |
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conservator: |
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(1) not later than the 45th day after the date the |
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department is named temporary managing conservator of the child; |
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and |
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(2) not later than five months after the date the |
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department is named temporary managing conservator of the child. |
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(b) At the five-month permanency planning meeting described |
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by Subsection (a)(2), the department shall: |
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(1) identify any barriers to achieving a timely |
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permanent placement for the child; and |
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(2) develop strategies and determine actions that will |
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increase the probability of achieving a timely permanent placement |
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for the child. |
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(c) The five-month permanency planning meeting described by |
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Subsection (a)(2) and any subsequent permanency planning meeting |
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may be conducted as a multidisciplinary permanency planning meeting |
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if the department determines that a multidisciplinary permanency |
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planning meeting will assist the department in placing the child |
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with an adult caregiver who will permanently assume legal |
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responsibility for the child and facilitate the child's exit from |
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the conservatorship of the department. |
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(d) Except as provided by Subsection (e), the department |
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shall make reasonable efforts to include the following persons in |
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each multidisciplinary permanency planning meeting and notify |
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those persons of the meeting: |
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(1) the child, if the child is at least seven years of |
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age; |
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(2) the child's attorney ad litem; |
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(3) the child's guardian ad litem; |
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(4) any court-appointed volunteer advocate for the |
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child; |
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(5) the child's substitute care provider and any |
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child-placing agency involved with the child; |
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(6) each of the child's parents and the parents' |
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attorney, unless: |
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(A) the parent cannot be located; |
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(B) the parent has executed an affidavit of |
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relinquishment of parental rights; or |
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(C) the parent's parental rights have been |
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terminated; |
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(7) each attorney ad litem appointed to represent the |
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interests of a parent in the suit; and |
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(8) any other person the department determines should |
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attend the permanency planning meeting. |
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(e) The department is not required to include a person |
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listed in Subsection (d) in a multidisciplinary permanency planning |
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meeting or to notify that person of a meeting if the department or |
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its authorized designee determines that the person's presence at |
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the meeting may have a detrimental effect on: |
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(1) the safety or well-being of another participant in |
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the meeting; or |
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(2) the success of the meeting because a parent or the |
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child has expressed an unwillingness to include that person in the |
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meeting. |
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(f) The department shall give the notice required by |
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Subsection (d) by e-mail if possible. |
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SECTION 3. Subsection (c), Section 263.502, Family Code, is |
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amended to read as follows: |
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(c) The placement review report must identify the |
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department's permanency goal for the child and must: |
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(1) evaluate whether the child's current placement is |
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appropriate for meeting the child's needs; |
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(2) evaluate whether efforts have been made to ensure |
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placement of the child in the least restrictive environment |
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consistent with the best interest and special needs of the child if |
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the child is placed in institutional care; |
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(3) contain a transition plan for a child who is at |
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least 16 years of age that identifies the services and specific |
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tasks that are needed to assist the child in making the transition |
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from substitute care to adult living and describes the services |
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that are being provided through the Transitional Living Services |
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Program operated by the department; |
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(4) evaluate whether the child's current educational |
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placement is appropriate for meeting the child's academic needs; |
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(5) identify other plans or services that are needed |
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to meet the child's special needs or circumstances; |
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(6) describe the efforts of the department or |
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authorized agency to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption, including efforts to provide adoption promotion and |
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support services as defined by 42 U.S.C. Section 629a and other |
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efforts consistent with the federal Adoption and Safe Families Act |
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of 1997 (Pub. L. No. 105-89); |
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(7) for a child for whom the department has been named |
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managing conservator in a final order that does not include |
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termination of parental rights, describe the efforts of the |
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department to find a permanent placement for the child, including |
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efforts to: |
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(A) work with the caregiver with whom the child |
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is placed to determine whether that caregiver is willing to become a |
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permanent placement for the child; |
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(B) locate a relative or other suitable |
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individual to serve as permanent managing conservator of the child; |
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and |
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(C) evaluate any change in a parent's |
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circumstances to determine whether: |
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(i) the child can be returned to the parent; |
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or |
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(ii) parental rights should be terminated; |
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[and] |
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(8) with respect to a child committed to the Texas |
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Juvenile Justice Department [Youth Commission] or released under |
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supervision by the Texas Juvenile Justice Department [Youth
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Commission]: |
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(A) evaluate whether the child's needs for |
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treatment and education are being met; |
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(B) describe, using information provided by the |
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Texas Juvenile Justice Department [Youth Commission], the child's |
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progress in any rehabilitation program administered by the Texas |
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Juvenile Justice Department [Youth Commission]; and |
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(C) recommend other plans or services to meet the |
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child's needs; and |
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(9) identify any placement changes that have occurred |
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since the most recent court hearing concerning the child and |
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describe any barriers to sustaining the child's placement, |
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including any reason for which a substitute care provider has |
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requested a placement change. |
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SECTION 4. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.120 to read as follows: |
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Sec. 264.120. DISCHARGE NOTICE. (a) Except as provided by |
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Subsection (b), a substitute care provider with whom the department |
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contracts to provide substitute care services for a child shall |
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include in a discharge notice the following information: |
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(1) the reason for the child's discharge; and |
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(2) the provider's recommendation regarding a future |
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placement for the child that would increase the child's opportunity |
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to attain a stable placement. |
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(b) In an emergency situation in which the department is |
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required under the terms of the contract with the substitute care |
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provider to remove a child within 24 hours after receiving the |
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discharge notice, the provider must provide the information |
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required by Subsection (a) to the department not later than 48 hours |
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after the provider sends the discharge notice. |
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SECTION 5. Section 263.009, Family Code, as added by this |
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Act, applies only to a child placed in the temporary managing |
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conservatorship of the Department of Family and Protective Services |
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on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2013. |
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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. 534 passed the Senate on |
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April 3, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2013, 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. 534 passed the House, with |
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amendment, on May 17, 2013, by the following vote: Yeas 134, |
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Nays 0, two 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 |