By: Dukes H.B. No. 3530
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to encouraging age-appropriate normalcy activities for
  children in the managing conservatorship of the state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 263.001(a), Family Code, is amended by
  amending Subdivision (1-a) and adding Subdivision (1-b) to read as
  follows:
               (1-a)  "Age-appropriate normalcy activity" has the
  meaning assigned by Section 264.001.
               (1-b)  "Department" means the Department of Family and
  Protective Services.
         SECTION 2.  Section 263.306, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In addition to the requirements of Subsection (a), at
  each permanency hearing the court shall review the department's
  efforts to ensure that the child has regular, ongoing opportunities
  to engage in age-appropriate normalcy activities, including
  activities not listed in the child's service plan.
         SECTION 3.  Section 263.503, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In addition to the requirements of Subsection (a), at
  each placement review hearing the court shall review the
  department's efforts to ensure that the child has regular, ongoing
  opportunities to engage in age-appropriate normalcy activities,
  including activities not listed in the child's service plan.
         SECTION 4.  Section 264.001, Family Code, is amended by
  amending Subdivision (1) and adding Subdivisions (1-a) and (5) to
  read as follows:
               (1)  "Age-appropriate normalcy activity" means an
  activity or experience:
                     (A)  that is generally accepted as suitable for a
  child's age or level of maturity or that is determined to be
  developmentally appropriate for a child based on the development of
  cognitive, emotional, physical, and behavioral capacities that are
  typical for the age or age group; and
                     (B)  in which a child who is not in the
  conservatorship of the state is generally allowed to participate,
  including extracurricular activities, in-school and out-of-school
  social activities, cultural and enrichment activities, and
  employment opportunities.
               (1-a)  "Department" means the Department of Family and
  Protective Services.
               (5)  "Standard of care of a reasonable and prudent
  parent" means the standard of care that a parent of reasonable
  judgment, skill, and caution would exercise in addressing the
  health, safety, and welfare of a child while encouraging the
  emotional and developmental growth of the child, taking into
  consideration:
                     (A)  the overall health and safety of the child;
                     (B)  the child's age, maturity, and development
  level;
                     (C)  the best interest of the child based on the
  caregiver's knowledge of the child;
                     (D)  the appropriateness of a proposed activity
  and any potential risk factors;
                     (E)  the behavioral history of the child and the
  child's ability to safely participate in a proposed activity;
                     (F)  the importance of encouraging the child's
  social, emotional, and developmental growth; and
                     (G)  the importance of providing the child with
  the most family-like living experience possible.
         SECTION 5.  The heading to Section 264.114, Family Code, is
  amended to read as follows:
         Sec. 264.114.  IMMUNITY FROM LIABILITY; ADVERSE
  DEPARTMENTAL ACTION PROHIBITED.
         SECTION 6.  Section 264.114, Family Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  A foster parent, other substitute caregiver, family
  relative or other designated caregiver, or licensed child placing
  agency caring for a child in the managing conservatorship of the
  department is not liable for harm caused to the child resulting from
  the child's participation in an age-appropriate normalcy activity
  approved by the caregiver if, in approving the child's
  participation in the activity, the caregiver exercised the standard
  of care of a reasonable and prudent parent.
         (d)  A licensed child placing agency is not subject to
  adverse action by the department, including contractual action or
  licensing or other regulatory action, arising out of the conduct of
  a foster parent who has exercised the standard of care of a
  reasonable and prudent parent.
         SECTION 7.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.125 to read as follows:
         Sec. 264.125.  AGE-APPROPRIATE
  NORMALCY ACTIVITIES;
  STANDARD OF CARE.  (a) The department shall use its best efforts to
  normalize the lives of children in the managing conservatorship of
  the department by allowing substitute caregivers, without the
  department's prior approval, to make decisions similar to those a
  parent would be entitled to make regarding a child's participation
  in age-appropriate normalcy activities.
         (b)  In determining whether to allow a child in the managing
  conservatorship of the department to participate in an activity, a
  substitute caregiver must exercise the standard of care of a
  reasonable and prudent parent.
         (c)  The department shall adopt and implement policies
  consistent with this section promoting a substitute caregiver's
  ability to make decisions described by Subsection (a).  The
  department shall identify and review any departmental policy or
  procedure that may impede a substitute caregiver's ability to make
  such decisions.
         (d)  The department shall require licensed child placing
  agency personnel, residential child care licensing staff,
  conservatorship caseworkers, and other persons as may be determined
  by the department to complete a course of training regarding:
               (1)  the importance of a child's participation in
  age-appropriate normalcy activities and the benefits of such
  activities to a child's well-being, mental health, and social,
  emotional, and developmental growth; and
               (2)  substitute caregiver decision-making under the
  standard of care of a reasonable and prudent parent.
         SECTION 8.  The changes in law made by this Act to Sections
  263.306 and 263.503, Family Code, apply only to a permanency
  hearing or a placement review hearing conducted under Chapter 263,
  Family Code, on or after the effective date of this Act. A
  permanency hearing or a placement review hearing conducted before
  the effective date of this Act is governed by the law in effect on
  the date the hearing was conducted, and the former law is continued
  in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2015.