85R26114 YDB-F
 
  By: Wu, et al. H.B. No. 7
 
  Substitute the following for H.B. No. 7:
 
  By:  Miller C.S.H.B. No. 7
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to child protective services suits, motions, and services
  by the Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.0052, Family Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  In addition to the information provided under
  Subsection (b), the Department of Family and Protective Services
  and the Texas Juvenile Justice Department shall coordinate and
  develop protocols for sharing with each other, on request, any
  other information relating to a multi-system youth necessary to:
               (1)  identify and coordinate the provision of services
  to the youth and prevent duplication of services;
               (2)  enhance rehabilitation of the youth; and
               (3)  improve and maintain community safety.
         SECTION 2.  Section 105.002, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The Department of Family and Protective Services in
  collaboration with interested parties, including the Permanent
  Judicial Commission for Children, Youth and Families, shall review
  the form of jury submissions in this state and make recommendations
  to the legislature not later than December 31, 2017, regarding
  whether broad-form or specific jury questions should be required in
  suits affecting the parent-child relationship filed by the
  department.  This subsection expires September 1, 2019.
         SECTION 3.  Section 154.001, Family Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  In a suit filed by the Department of Family and
  Protective Services to be named managing conservator of a child,
  the court may not order a parent of the child to make periodic
  payments for the support of the child while the suit is pending,
  except as provided by this section.
         (b-1)  Unless a court has determined a parent is indigent,
  the [The] court may order either or both parents to make periodic
  payments for the support of a child in a proceeding in which the
  Department of Family and Protective [and Regulatory] Services is
  named [temporary] managing conservator.  [In a proceeding in which
  the Department of Protective and Regulatory Services is named
  permanent managing conservator of a child whose parents' rights
  have not been terminated, the court shall order each parent that is
  financially able to make periodic payments for the support of the
  child.]
         SECTION 4.  Section 155.201, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  On receiving notice that a court exercising
  jurisdiction under Chapter 262 has ordered the transfer of a suit
  under Section 262.203(a)(2), the court of continuing, exclusive
  jurisdiction shall, pursuant to the requirements of Section
  155.204(i), transfer the proceedings to the court in which the suit
  under Chapter 262 is pending.
         SECTION 5.  Section 155.204(i), Family Code, is amended to
  read as follows:
         (i)  If a transfer order has been signed by a court
  exercising jurisdiction under Chapter 262, the Department of Family
  and Protective Services shall [a party may] file the transfer order
  with the clerk of the court of continuing, exclusive jurisdiction.  
  On receipt and without a hearing or further order from the court of
  continuing, exclusive jurisdiction, the clerk of the court of
  continuing, exclusive jurisdiction shall transfer the files as
  provided by this subchapter.
         SECTION 6.  Section 161.001, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A court may not make a finding under Subsection (b) and
  order termination of the parent-child relationship based on
  evidence that the parent:
               (1)  homeschooled the child;
               (2)  is economically disadvantaged;
               (3)  engaged in reasonable discipline of the child; or
               (4)  has been charged with a nonviolent misdemeanor
  offense other than:
                     (A)  an offense under Title 5, Penal Code;
                     (B)  an offense under Title 6, Penal Code; or
                     (C)  an offense that involves family violence, as
  defined by Section 71.004 of this code.
         SECTION 7.  Section 161.206, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In a suit filed by the Department of Family and
  Protective Services seeking termination of the parent-child
  relationship for more than one parent of the child, the court may
  order termination of the parent-child relationship for a parent
  only if the court finds by clear and convincing evidence grounds for
  the termination of the parent-child relationship for that parent.
         SECTION 8.  Chapter 261, Family Code, is amended by adding
  Subchapter F to read as follows:
  SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
         Sec. 261.501.  FILING APPLICATION FOR PROTECTIVE ORDER IN
  CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
  application for a protective order for a child's protection under
  this subchapter on the department's own initiative or jointly with
  a parent, relative, or caregiver of the child who requests the
  filing of the application if the department:
               (1)  has temporary managing conservatorship of the
  child;
               (2)  determines that:
                     (A)  the child:
                           (i)  is a victim of abuse or neglect; or
                           (ii)  has a history of being abused or
  neglected; and
                     (B)  there is a threat of:
                           (i)  immediate or continued abuse or neglect
  to the child;
                           (ii)  someone illegally taking the child
  from the home in which the child is placed;
                           (iii)  harassment to the caregiver with whom
  the child is placed; or
                           (iv)  someone committing an act of violence
  against the child or the child's caregiver; and
               (3)  is not otherwise authorized to apply for a
  protective order for the child's protection under Chapter 82.
         Sec. 261.502.  CERTIFICATION OF FINDINGS. (a) In making the
  application under this subchapter, the department must certify
  that:
               (1)  the department has diligently searched for and:
                     (A)  was unable to locate the child's parent,
  legal guardian, or custodian, other than the respondent to the
  application; or
                     (B)  located and provided notice of the proposed
  application to the child's parent, legal guardian, or custodian,
  other than the respondent to the application; and
               (2)  if applicable, the relative or caregiver who is
  jointly filing the petition, or with whom the child would reside
  following an entry of the protective order, has not abused or
  neglected the child and does not have a history of abuse or neglect.
         (b)  An application for a temporary ex parte order under
  Section 261.503 may be filed without making the findings required
  by Subsection (a) if the department certifies that the department
  believes that there is an immediate danger of abuse or neglect to
  the child.
         Sec. 261.503.  TEMPORARY EX PARTE ORDER. If the court finds
  from the information contained in an application for a protective
  order that there is an immediate danger of abuse or neglect to the
  child, the court, without further notice to the respondent and
  without a hearing, may enter a temporary ex parte order for the
  protection of the child.
         Sec. 261.504.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER. (a) At the close of a hearing on an application for a
  protective order under this subchapter, the court shall find
  whether there are reasonable grounds to believe that:
               (1)  the child:
                     (A)  is a victim of abuse or neglect; or
                     (B)  has a history of being abused or neglected;
  and
               (2)  there is a threat of:
                     (A)  immediate or continued abuse or neglect to
  the child;
                     (B)  someone illegally taking the child from the
  home in which the child is placed;
                     (C)  harassment to the caregiver with whom the
  child is placed; or
                     (D)  someone committing an act of violence against
  the child or the child's caregiver.
         (b)  If the court makes an affirmative finding under
  Subsection (a), the court shall issue a protective order that
  includes a statement of that finding.
         Sec. 261.505.  APPLICATION OF OTHER LAW. To the extent
  applicable, except as otherwise provided by this subchapter, Title
  4 applies to a protective order issued under this subchapter.
         SECTION 9.  Subchapter A, Chapter 262, Family Code, is
  amended by adding Section 262.0022 to read as follows:
         Sec. 262.0022.  REVIEW OF PLACEMENT; FINDINGS. At each
  hearing under this chapter, the court shall review the placement of
  each child in the temporary or permanent managing conservatorship
  of the Department of Family and Protective Services who is not
  placed with a relative caregiver or designated caregiver as defined
  by Section 264.751. The court shall include in its findings a
  statement on whether the department has the option of placing the
  child with a relative or other designated caregiver.
         SECTION 10.  Subchapter A, Chapter 262, Family Code, is
  amended by adding Sections 262.013 and 262.014 to read as follows:
         Sec. 262.013.  VOLUNTARY TEMPORARY MANAGING
  CONSERVATORSHIP. In a suit affecting the parent-child relationship
  filed by the Department of Family and Protective Services, the
  existence of a parent's voluntary agreement to temporarily place
  the parent's child in the managing conservatorship of the
  Department of Family and Protective Services is not an admission by
  the parent that the parent engaged in conduct that endangered the
  child.
         Sec. 262.014.  DISCLOSURE OF CERTAIN EVIDENCE.  On the
  request of the attorney for a parent who is a party in a suit
  affecting the parent-child relationship filed under this chapter,
  or the attorney ad litem for the parent's child, the Department of
  Family and Protective Services shall, before the full adversary
  hearing, provide:
               (1)  the name of any person, excluding a department
  employee, who the department will call as a witness to any of the
  allegations contained in the petition filed by the department;
               (2)  a copy of any offense report relating to the
  allegations contained in the petition filed by the department that
  will be used in court to refresh a witness's memory; and
               (3)  a copy of any photograph, video, or recording that
  will be presented as evidence.
         SECTION 11.  Section 262.113, Family Code, is amended to
  read as follows:
         Sec. 262.113.  FILING SUIT WITHOUT TAKING POSSESSION OF
  CHILD. An original suit filed by a governmental entity that
  requests to take possession of a child after notice and a hearing
  must be supported by an affidavit sworn to by a person with personal
  knowledge and stating facts sufficient to satisfy a person of
  ordinary prudence and caution that:
               (1)  there is a continuing danger to the physical
  health or safety of the child caused by an act or failure to act of
  the person entitled to possession of the child and that allowing the
  child to remain in the home would be contrary to the child's
  welfare; and
               (2)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, have been
  made to prevent or eliminate the need to remove the child from the
  child's home[; and
               [(2)     allowing the child to remain in the home would be
  contrary to the child's welfare].
         SECTION 12.  Subchapter B, Chapter 262, Family Code, is
  amended by adding Section 262.116 to read as follows:
         Sec. 262.116. LIMITS ON REMOVAL.  (a)  The Department of
  Family and Protective Services may not take possession of a child
  under this subchapter based solely on evidence that the parent:
               (1)  homeschooled the child;
               (2)  is economically disadvantaged;
               (3)  engaged in reasonable discipline of the child; or
               (4)  has been charged with a nonviolent misdemeanor
  offense other than:
                     (A)  an offense under Title 5, Penal Code;
                     (B)  an offense under Title 6, Penal Code; or
                     (C)  an offense that involves family violence, as
  defined by Section 71.004 of this code.
         (b)  The department shall train child protective services
  caseworkers regarding the prohibitions on removal provided under
  Subsection (a).
         (c)  The executive commissioner of the Health and Human
  Services Commission may adopt rules to implement this section.
         SECTION 13.  Section 262.201, Family Code, is amended by
  adding Subsection (a-5) to read as follows:
         (a-5)  If a parent who is not indigent appears in opposition
  to the suit, the court may, for good cause shown, postpone the full
  adversary hearing for not more than seven days from the date of the
  parent's appearance to allow the parent to hire an attorney or to
  provide the parent's attorney time to respond to the petition and
  prepare for the hearing.  A postponement under this subsection is
  subject to the limits and requirements prescribed by Subsection
  (a-3).
         SECTION 14.  Section 262.203(a), Family Code, is amended to
  read as follows:
         (a)  On the motion of a party or the court's own motion, if
  applicable, the court that rendered the temporary order shall in
  accordance with procedures provided by Chapter 155:
               (1)  transfer the suit to the court of continuing,
  exclusive jurisdiction, if any, if the court finds that the
  transfer is:
                     (A)  necessary for the convenience of the parties;
  and
                     (B)  in the best interest of the child;
               (2)  [if grounds exist for mandatory transfer from the
  court of continuing, exclusive jurisdiction under Section
  155.201,] order transfer of the suit from the [that] court of
  continuing, exclusive jurisdiction; or
               (3)  if grounds exist for transfer based on improper
  venue, order transfer of the suit to the court having venue of the
  suit under Chapter 103.
         SECTION 15.  Subchapter C, Chapter 262, Family Code, is
  amended by adding Section 262.206 to read as follows:
         Sec. 262.206.  EX PARTE HEARINGS PROHIBITED. Unless
  otherwise authorized by this chapter or other law, a hearing held by
  a court in a suit under this chapter may not be ex parte.
         SECTION 16.  Section 263.002, Family Code, is amended to
  read as follows:
         Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT; FINDINGS.  (a)  
  In a suit affecting the parent-child relationship in which the
  department has been appointed by the court or designated in an
  affidavit of relinquishment of parental rights as the temporary or
  permanent managing conservator of a child, the court shall hold a
  hearing to review:
               (1)  the conservatorship appointment and substitute
  care; and
               (2)  for a child committed to the Texas Juvenile
  Justice Department, the child's commitment in the Texas Juvenile
  Justice Department or release under supervision by the Texas
  Juvenile Justice Department.
         (b)  At each hearing under this chapter, the court shall
  review the placement of each child in the temporary or permanent
  managing conservatorship of the department who is not placed with a
  relative caregiver or designated caregiver as defined by Section
  264.751. The court shall include in its findings a statement
  whether the department placed the child with a relative or other
  designated caregiver.
         SECTION 17.  Section 263.0021, Family Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  Notice of a hearing under this chapter provided to an
  individual listed under Subsection (b)(2) must state that the
  individual may, but is not required to, attend the hearing and may
  request to be heard at the hearing.
         SECTION 18.  Section 263.102, Family Code, is amended by
  amending Subsection (b) and adding Subsections (c) and (c-1) to
  read as follows:
         (b)  The service plan must [shall] include the following
  statement:
         TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ITS]
  PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
  ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF
  YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE
  ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
  RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.  
  AT [THERE WILL BE] A COURT HEARING, [AT WHICH] A JUDGE WILL REVIEW
  THIS SERVICE PLAN, MODIFY THE PLAN IF NECESSARY, AND REQUIRE
  COMPLIANCE WITH THE PLAN. A SUBSEQUENT HEARING MAY BE SCHEDULED AT
  WHICH A JUDGE MAY REVIEW THE PLAN.
         (c)  A service plan may not include an allegation of abuse or
  neglect of the child or a restatement of the facts of the case. An
  allegation of abuse or neglect or a restatement of the facts of the
  case in a service plan is inadmissible in the court as evidence.
         (c-1)  Not later than the fifth business day after a hearing
  held under Section 262.201, the department shall:
               (1)  make all referrals necessary for each parent to
  comply with a judge's order for services; and
               (2)  provide to the parents any information available
  to the department on providers approved by the department to
  provide services in the service area in which the parent resides.
         SECTION 19.  Section 263.306(a), 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 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)  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)  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)  evaluate the parties' compliance with temporary
  orders and the service plan;
               (9)  ask all parties present whether the child or the
  child's family has a Native American heritage and identify any
  Native American tribe with which the child may be associated;
               (10)  identify an education decision-maker for the
  child if one has not previously been identified;
               (11)  review the medical care provided to the child as
  required by Section 266.007;
               (12)  ensure the child has been provided the
  opportunity, in a developmentally appropriate manner, to express
  the child's opinion on the medical care provided;
               (13)  for a child receiving psychotropic medication,
  determine whether the child:
                     (A)  has been provided appropriate psychosocial
  therapies, behavior strategies, and other non-pharmacological
  interventions; and
                     (B)  has been seen by the prescribing physician,
  physician assistant, or advanced practice nurse at least once every
  90 days for purposes of the review required by Section 266.011;
               (14)  determine whether:
                     (A)  the child continues to need substitute care;
                     (B)  the department has placed the child with a
  relative or other designated caregiver and whether 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;
               (15)  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;
               (16)  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;
               (17)  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;
               (18)  if the child is committed to the Texas Juvenile
  Justice Department or released under supervision by the Texas
  Juvenile Justice Department, determine whether the child's needs
  for treatment, rehabilitation, and education are being met; and
               (19)  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 20.  Section 263.401, Family Code, is amended to
  read as follows:
         Sec. 263.401.  DISMISSAL AFTER ONE YEAR; NEW TRIALS;
  EXTENSION. (a) Unless the court has commenced the trial on the
  merits or granted an extension under Subsection (b) or (b-1), on the
  first Monday after the first anniversary of the date the court
  rendered a temporary order appointing the department as temporary
  managing conservator, the court's jurisdiction over [court shall
  dismiss] the suit affecting the parent-child relationship filed by
  the department that requests termination of the parent-child
  relationship or requests that the department be named conservator
  of the child is terminated and the suit is automatically dismissed
  without a court order.
         (b)  Unless the court has commenced the trial on the merits,
  the court may not retain the suit on the court's docket after the
  time described by Subsection (a) unless the court finds that
  extraordinary circumstances necessitate the child remaining in the
  temporary managing conservatorship of the department and that
  continuing the appointment of the department as temporary managing
  conservator is in the best interest of the child. If the court
  makes those findings, the court may retain the suit on the court's
  docket for a period not to exceed 180 days after the time described
  by Subsection (a). If the court retains the suit on the court's
  docket, the court shall render an order in which the court:
               (1)  schedules the new date on which the suit will be
  automatically dismissed if the trial on the merits has not
  commenced, which date must be not later than the 180th day after the
  time described by Subsection (a);
               (2)  makes further temporary orders for the safety and
  welfare of the child as necessary to avoid further delay in
  resolving the suit; and
               (3)  sets the trial on the merits on a date not later
  than the date specified under Subdivision (1).
         (b-1)  If, after commencement of the initial trial on the
  merits within the time required by Subsection (a) or (b), the court
  grants a motion for a new trial or mistrial, or the case is remanded
  to the court by an appellate court following an appeal of the
  court's final order, the court shall retain the suit on the court's
  docket and render an order in which the court:
               (1)  schedules a new date on which the suit will be
  automatically dismissed if the new trial has not commenced, which
  must be a date not later than the 180th day after the date on which:
                     (A)  the motion for a new trial or mistrial is
  granted; or
                     (B)  the appellate court remanded the case;
               (2)  makes further temporary orders for the safety and
  welfare of the child as necessary to avoid further delay in
  resolving the suit; and
               (3)  sets the new trial on the merits for a date not
  later than the date specified under Subdivision (1).
         (c)  If the court grants an extension under Subsection (b) or
  (b-1) but does not commence the trial on the merits before the
  dismissal date, the court's jurisdiction over [court shall dismiss]
  the suit is terminated and the suit is automatically dismissed
  without a court order. The court may not grant an additional
  extension that extends the suit beyond the required date for
  dismissal under Subsection (b) or (b-1), as applicable.
         SECTION 21.  Section 263.403, Family Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (a-1) to
  read as follows:
         (a)  Notwithstanding Section 263.401, the court may retain
  jurisdiction and not dismiss the suit or render a final order as
  required by that section if the court renders a temporary order
  that:
               (1)  finds that retaining jurisdiction under this
  section is in the best interest of the child;
               (2)  orders the department to:
                     (A)  return the child to the child's parent; or
                     (B)  transition the child, according to a schedule
  determined by the department or court, from substitute care to the
  parent while the parent completes the remaining requirements
  imposed under a service plan and specified in the temporary order
  that are necessary for the child's return;
               (3)  orders the department to continue to serve as
  temporary managing conservator of the child; and
               (4)  orders the department to monitor the child's
  placement to ensure that the child is in a safe environment.
         (a-1)  The department may request the court to retain
  jurisdiction for an additional six months as necessary for a parent
  to complete the remaining requirements in a service plan and
  specified in the temporary order that are mandatory for the child's
  return.
         (c)  If before the dismissal of the suit or the commencement
  of the trial on the merits a child placed with a parent under this
  section must be moved from that home by the department or the court
  renders a temporary order terminating the transition order issued
  under Subsection (a)(2)(B) [before the dismissal of the suit or the
  commencement of the trial on the merits], the court shall, at the
  time of the move or order, schedule a new date for dismissal of the
  suit [unless a trial on the merits has commenced].  The new
  dismissal date may not be later than the original dismissal date
  established under Section 263.401 or the 180th day after the date
  the child is moved or the order is rendered under this subsection,
  whichever date is later.
         SECTION 22.  Subchapter E, Chapter 263, Family Code, is
  amended by adding Section 263.4055 to read as follows:
         Sec. 263.4055.  SUPREME COURT RULES. The supreme court by
  rule shall establish civil and appellate procedures to address:
               (1)  conflicts between the filing of a motion for new
  trial and the filing of an appeal of a final order rendered under
  this chapter; and
               (2)  the period, including an extension of at least 20
  days, for a court reporter to submit the reporter's record of a
  trial to an appellate court following a final order rendered under
  this chapter.
         SECTION 23.  Section 263.5031, Family Code, is amended to
  read as follows:
         Sec. 263.5031.  PERMANENCY HEARINGS FOLLOWING FINAL
  ORDER.  At each permanency hearing after the court renders a final
  order, the court shall:
               (1)  identify all persons and parties present at the
  hearing;
               (2)  review the efforts of the department or other
  agency in notifying persons entitled to notice under Section
  263.0021; and
               (3)  review the permanency progress report to
  determine:
                     (A)  the safety and well-being of the child and
  whether the child's needs, including any medical or special needs,
  are being adequately addressed;
                     (B)  whether the department placed the child with
  a relative or other designated caregiver and the continuing
  necessity and appropriateness of the placement of the child,
  including with respect to a child who has been placed outside of
  this state, whether the placement continues to be in the best
  interest of the child;
                     (C)  if the child is placed in institutional care,
  whether efforts have been made to ensure that the child is placed in
  the least restrictive environment consistent with the child's best
  interest and special needs;
                     (D)  the appropriateness of the primary and
  alternative permanency goals for the child, whether the department
  has made reasonable efforts to finalize the permanency plan,
  including the concurrent permanency goals, in effect for the child,
  and whether:
                           (i)  the department has exercised due
  diligence in attempting to place the child for adoption if parental
  rights to the child have been terminated and the child is eligible
  for adoption; or
                           (ii)  another permanent placement,
  including appointing a relative as permanent managing conservator
  or returning the child to a parent, is appropriate for the child;
                     (E)  for a child whose permanency goal is another
  planned permanent living arrangement:
                           (i)  the desired permanency outcome for the
  child, by asking the child; and
                           (ii)  whether, as of the date of the hearing,
  another planned permanent living arrangement is the best permanency
  plan for the child and, if so, provide compelling reasons why it
  continues to not be in the best interest of the child to:
                                 (a)  return home;
                                 (b)  be placed for adoption;
                                 (c)  be placed with a legal guardian;
  or
                                 (d)  be placed with a fit and willing
  relative;
                     (F)  if the child is 14 years of age or older,
  whether services that are needed to assist the child in
  transitioning from substitute care to independent living are
  available in the child's community;
                     (G)  whether the child is receiving appropriate
  medical care and has been provided the opportunity, in a
  developmentally appropriate manner, to express the child's opinion
  on any medical care provided;
                     (H)  for a child receiving psychotropic
  medication, whether the child:
                           (i)  has been provided appropriate
  nonpharmacological interventions, therapies, or strategies to meet
  the child's needs; or
                           (ii)  has been seen by the prescribing
  physician, physician assistant, or advanced practice nurse at least
  once every 90 days;
                     (I)  whether an education decision-maker for the
  child has been identified, the child's education needs and goals
  have been identified and addressed, and there are major changes in
  the child's school performance or there have been serious
  disciplinary events;
                     (J)  for a child for whom the department has been
  named managing conservator in a final order that does not include
  termination of parental rights, whether to order the department to
  provide services to a parent for not more than six months after the
  date of the permanency hearing if:
                           (i)  the child has not been placed with a
  relative or other individual, including a foster parent, who is
  seeking permanent managing conservatorship of the child; and
                           (ii)  the court determines that further
  efforts at reunification with a parent are:
                                 (a)  in the best interest of the child;
  and
                                 (b)  likely to result in the child's
  safe return to the child's parent; and
                     (K)  whether the department has identified a
  family or other caring adult who has made a permanent commitment to
  the child.
         SECTION 24.  Section 264.018, Family Code, is amended by
  amending Subsection (f) and adding Subsections (f-1), (f-2), and
  (f-3) to read as follows:
         (f)  Except as provided by Subsection (f-1) or (f-2), as [As]
  soon as possible but not later than the 10th day after the date the
  department becomes aware of a significant event affecting a child
  in the conservatorship of the department, the department shall
  provide notice of the significant event to:
               (1)  the child's parent;
               (2)  an attorney ad litem appointed for the child under
  Chapter 107;
               (3)  a guardian ad litem appointed for the child under
  Chapter 107;
               (4)  a volunteer advocate appointed for the child under
  Chapter 107;
               (5)  the licensed administrator of the child-placing
  agency responsible for placing the child or the licensed
  administrator's designee;
               (6)  a foster parent, prospective adoptive parent,
  relative of the child providing care to the child, or director of
  the group home or general residential operation where the child is
  residing; and
               (7)  any other person determined by a court to have an
  interest in the child's welfare.
         (f-1)  As soon as possible after the department becomes aware
  of a change in placement of a child in the conservatorship of the
  department, the department shall give notice of the placement
  change to the managed care organization that contracts with the
  commission to provide health care services to the child under the
  STAR Health program.  The managed care organization, in
  coordination with the department, shall give notice of the
  placement change to the primary care physician listed in the
  child's health passport. 
         (f-2)  As soon as possible but not later than the fifth day
  after the date a child-placing agency notifies the department of
  the agency's intent to change the placement of a child in the
  conservatorship of the department, the department shall give notice
  of the impending placement change and the reason given for the
  placement change to:
               (1)  the child's parent;
               (2)  an attorney ad litem appointed for the child under
  Chapter 107;
               (3)  a guardian ad litem appointed for the child under
  Chapter 107;
               (4)  a volunteer advocate appointed for the child under
  Chapter 107;
               (5)  a foster parent, prospective adoptive parent,
  relative of the child providing care to the child, or director of
  the group home or general residential operation where the child is
  residing; and
               (6)  any other person determined by a court to have an
  interest in the child's welfare.
         (f-3)  As soon as possible but not later than the fifth day
  after the date a foster parent requests the removal of a child in
  the conservatorship of the department from the foster home, the
  department shall give notice of the impending placement change to:
               (1)  the child's parent;
               (2)  an attorney ad litem appointed for the child under
  Chapter 107;
               (3)  a guardian ad litem appointed for the child under
  Chapter 107;
               (4)  a volunteer advocate appointed for the child under
  Chapter 107;
               (5)  the licensed administrator of the child-placing
  agency responsible for placing the child or the licensed
  administrator's designee; and
               (6)  any other person determined by a court to have an
  interest in the child's welfare.
         SECTION 25.  Section 264.121, Family Code, is amended by
  adding Subsections (a-3), (a-4), and (a-5) to read as follows:
         (a-3)  The department shall conduct an independent living
  skills assessment for all youth 14 years of age or older in the
  department's conservatorship.  The department shall annually
  update the assessment for each youth in the department's
  conservatorship to determine the independent living skills the
  youth learned during the preceding year to ensure the department's
  obligation to prepare the youth for independent living has been
  met.
         (a-4)  The annual update of the independent living skills
  assessment required under Subsection (a-3) must be conducted
  through the child's plan of service in coordination with the child,
  the caseworker, the Preparation for Adult Living Program staff, and
  the child's caregiver.
         (a-5)  The department shall work with interested parties to
  develop a plan to standardize the curriculum for the Preparation
  for Adult Living Program that ensures youth 14 years of age or older
  enrolled in the program receive relevant and age-appropriate
  information and training.  The department shall report the plan to
  the legislature not later than December 1, 2018.  This subsection
  expires September 1, 2019.
         SECTION 26.  The heading to Chapter 266, Family Code, is
  amended to read as follows:
  CHAPTER 266.  MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN
  CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES 
  [FOSTER CARE]
         SECTION 27.  Chapter 266, Family Code, is amended by adding
  Section 266.005 to read as follows:
         Sec. 266.005.  CONSULTATION FOR MEDICAL CARE. (a) A court
  may not render an order requiring or prohibiting medical care,
  including mental health care, for a child in the conservatorship of
  the department unless:
               (1)  the court finds that a medical or mental health
  professional, as appropriate, has been consulted regarding the
  proposed or prohibited care; and
               (2)  the medical or mental health professional has
  confirmed in writing that the medical or mental health treatment is
  medically necessary or, for an order prohibiting specific medical
  care, that the prohibition would not prevent the child from
  receiving medically necessary care.
         (b)  Subsection (a) does not apply to a court order for
  emergency medical care, including mental health care, for a child
  in the conservatorship of the department.
         SECTION 28.  Subchapter A, Chapter 533, Government Code, is
  amended by adding Section 533.0056 to read as follows:
         Sec. 533.0056.  STAR HEALTH PROGRAM: NOTIFICATION OF
  PLACEMENT CHANGE. A contract between a managed care organization
  and the commission for the organization to provide health care
  services to recipients under the STAR Health program must require
  the organization to ensure continuity of care for a child whose
  placement has changed by:
               (1)  notifying each specialist treating the child of
  the placement change; and
               (2)  coordinating the transition of care from the
  child's previous treating primary care physician and treating
  specialists to the child's new treating primary care physician and
  treating specialists, if any.
         SECTION 29.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.066 to read as follows:
         Sec. 42.066.  REQUIRED SUBMISSION OF INFORMATION REQUESTED
  BY COURT. A general residential operation that provides mental
  health treatment or services to a child in the managing
  conservatorship of the department shall timely submit to the court
  in a suit affecting the parent-child relationship under Subtitle E,
  Title 5, Family Code, all information requested by that court.
         SECTION 30.  The heading to Section 25.07, Penal Code, is
  amended to read as follows:
         Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
  OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
  OR ABUSE, STALKING, OR TRAFFICKING CASE.
         SECTION 31.  Section 25.07(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence, sexual assault or abuse,
  stalking, or trafficking case and related to the safety of a victim
  or the safety of the community, an order issued under Chapter 7A,
  Code of Criminal Procedure, an order issued under Article 17.292,
  Code of Criminal Procedure, an order issued under Section 6.504,
  Family Code, Chapter 83, Family Code, if the temporary ex parte
  order has been served on the person, [or] Chapter 85, Family Code,
  or Subchapter F, Chapter 261, Family Code, or an order issued by
  another jurisdiction as provided by Chapter 88, Family Code, the
  person knowingly or intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends;
               (4)  possesses a firearm;
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order or
  condition of bond; or
               (6)  removes, attempts to remove, or otherwise tampers
  with the normal functioning of a global positioning monitoring
  system.
         SECTION 32.  The heading to Section 25.072, Penal Code, is
  amended to read as follows:
         Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
  CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
  SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
         SECTION 33.  (a)  The changes in law made by this Act apply
  only to a service plan filed for a full adversary hearing held under
  Section 262.201, Family Code, or a status hearing held under
  Chapter 263, Family Code, on or after January 1, 2018. A hearing
  held before that date is governed by the law in effect immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         (b)  The changes made by this Act to Section 263.401, Family
  Code, apply only to a suit affecting the parent-child relationship
  pending in a trial court on the effective date of this Act or filed
  on or after the effective date of this Act. A suit affecting the
  parent-child relationship in which a final order is rendered before
  the effective date of this Act is governed by the law in effect on
  the date the order was rendered, and the former law is continued in
  effect for that purpose.
         (c)  Except as otherwise provided by this section, the
  changes in law made by this Act apply only to a suit affecting the
  parent-child relationship filed on or after the effective date of
  this Act.  A suit affecting the parent-child relationship filed
  before the effective date of this Act is subject to the law in
  effect at the time the suit was filed, and the former law is
  continued in effect for that purpose.
         (d)  Except as otherwise provided by this section, the
  changes in law made by this Act apply only to a contract for the
  provision of health care services under the STAR Health program
  between the Health and Human Services Commission and a managed care
  organization under Chapter 533, Government Code, that is entered
  into or renewed on or after the effective date of this Act.
         (e)  If before implementing Section 533.0056, Government
  Code, as added by this Act, the Health and Human Services Commission
  determines that a waiver or authorization from a federal agency is
  necessary for implementation of that provision, the health and
  human services agency affected by the provision shall request the
  waiver or authorization and may delay implementing that provision
  until the waiver or authorization is granted.
         SECTION 34.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 35.  This Act takes effect September 1, 2017.