H.B. No. 418
 
 
 
 
AN ACT
  relating to child victims of trafficking who are placed in secure
  foster homes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 262, Family Code, is
  amended by adding Section 262.011 to read as follows:
         Sec. 262.011.  PLACEMENT IN SECURE AGENCY FOSTER HOME OR
  SECURE AGENCY FOSTER GROUP HOME. A court in an emergency, initial,
  or full adversary hearing conducted under this chapter may order
  that the child who is the subject of the hearing be placed in a
  secure agency foster home or secure agency foster group home
  verified in accordance with Section 42.0531, Human Resources Code,
  if the court finds that:
               (1)  the placement is in the best interest of the child;
  and
               (2)  the child's physical health or safety is in danger
  because the child has been recruited, harbored, transported,
  provided, or obtained for forced labor or commercial sexual
  activity, including any child subjected to an act specified in
  Section 20A.02 or 20A.03, Penal Code.
         SECTION 2.  Section 262.104(a), Family Code, is amended to
  read as follows:
         (a)  If there is no time to obtain a temporary restraining
  order or attachment before taking possession of a child consistent
  with the health and safety of that child, an authorized
  representative of the Department of Family and Protective Services,
  a law enforcement officer, or a juvenile probation officer may take
  possession of a child without a court order under the following
  conditions, only:
               (1)  on personal knowledge of facts that would lead a
  person of ordinary prudence and caution to believe that there is an
  immediate danger to the physical health or safety of the child;
               (2)  on information furnished by another that has been
  corroborated by personal knowledge of facts and all of which taken
  together would lead a person of ordinary prudence and caution to
  believe that there is an immediate danger to the physical health or
  safety of the child;
               (3)  on personal knowledge of facts that would lead a
  person of ordinary prudence and caution to believe that the child
  has been the victim of sexual abuse or of trafficking under Section
  20A.02 or 20A.03, Penal Code;
               (4)  on information furnished by another that has been
  corroborated by personal knowledge of facts and all of which taken
  together would lead a person of ordinary prudence and caution to
  believe that the child has been the victim of sexual abuse or of
  trafficking under Section 20A.02 or 20A.03, Penal Code; or
               (5)  on information furnished by another that has been
  corroborated by personal knowledge of facts and all of which taken
  together would lead a person of ordinary prudence and caution to
  believe that the parent or person who has possession of the child is
  currently using a controlled substance as defined by Chapter 481,
  Health and Safety Code, and the use constitutes an immediate danger
  to the physical health or safety of the child.
         SECTION 3.  Section 262.107(a), Family Code, is amended to
  read as follows:
         (a)  The court shall order the return of the child at the
  initial hearing regarding a child taken in possession without a
  court order by a governmental entity unless the court is satisfied
  that:
               (1)  there is a continuing danger to the physical
  health or safety of the child if the child is returned to the
  parent, managing conservator, possessory conservator, guardian,
  caretaker, or custodian who is presently entitled to possession of
  the child or the evidence shows that the child has been the victim
  of sexual abuse or of trafficking under Section 20A.02 or 20A.03,
  Penal Code, on one or more occasions and that there is a substantial
  risk that the child will be the victim of sexual abuse or of
  trafficking in the future;
               (2)  continuation of the child in the home would be
  contrary to the child's welfare; and
               (3)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, were made
  to prevent or eliminate the need for removal of the child.
         SECTION 4.  Section 262.201(b), Family Code, is amended to
  read as follows:
         (b)  At the conclusion of the full adversary hearing, the
  court shall order the return of the child to the parent, managing
  conservator, possessory conservator, guardian, caretaker, or
  custodian entitled to possession unless the court finds sufficient
  evidence to satisfy a person of ordinary prudence and caution that:
               (1)  there was a danger to the physical health or safety
  of the child, including a danger that the child would be a victim of
  trafficking under Section 20A.02 or 20A.03, Penal Code, which was
  caused by an act or failure to act of the person entitled to
  possession and for the child to remain in the home is contrary to
  the welfare of the child;
               (2)  the urgent need for protection required the
  immediate removal of the child and reasonable efforts, consistent
  with the circumstances and providing for the safety of the child,
  were made to eliminate or prevent the child's removal; and
               (3)  reasonable efforts have been made to enable the
  child to return home, but there is a substantial risk of a
  continuing danger if the child is returned home.
         SECTION 5.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0531 to read as follows:
         Sec. 42.0531.  SECURE AGENCY FOSTER HOMES AND SECURE AGENCY
  FOSTER GROUP HOMES. (a) The commissioners court of a county or
  governing body of a municipality may contract with a child-placing
  agency to verify a secure agency foster home or secure agency foster
  group home to provide a safe and therapeutic environment tailored
  to the needs of children who are victims of trafficking.
         (b)  A child-placing agency may not verify a secure agency
  foster home or secure agency foster group home to provide services
  under this section unless the child-placing agency holds a license
  issued under this chapter that authorizes the agency to provide
  services to victims of trafficking in accordance with department
  standards adopted under this chapter for child-placing agencies.
         (c)  A secure agency foster home or secure agency foster
  group home verified under this section must provide:
               (1)  mental health and other services specifically
  designed to assist children who are victims of trafficking under
  Section 20A.02 or 20A.03, Penal Code, including:
                     (A)  victim and family counseling;
                     (B)  behavioral health care;
                     (C)  treatment and intervention for sexual
  assault;
                     (D)  education tailored to the child's needs;
                     (E)  life skills training;
                     (F)  mentoring; and
                     (G)  substance abuse screening and treatment as
  needed;
               (2)  individualized services based on the trauma
  endured by a child, as determined through comprehensive assessments
  of the service needs of the child;
               (3)  24-hour services; and
               (4)  appropriate security through facility design,
  hardware, technology, and staffing.
         SECTION 6.  Not later than May 1, 2016, the executive
  commissioner of the Health and Human Services Commission shall
  adopt any standards and the Department of Family and Protective
  Services shall establish the verification procedures necessary to
  implement the changes in law made by this Act.
         SECTION 7.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 418 was passed by the House on April
  9, 2015, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 418 was passed by the Senate on May
  23, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor