This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  By: Wu H.B. No. 7
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to child protective services suits by the Department of
  Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 262, Family Code, is
  amended by adding Section 262.0022 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 who is not placed with a relative caregiver or
  designated caregiver as defined by Section 264.751. The court
  shall make a finding as to whether the department has made
  reasonable efforts to place the child with a relative or other
  designated caregiver.
         SECTION 2.  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, a person's voluntary agreement to temporarily place
  the person's child in the managing conservatorship of the
  department is inadmissible in a court hearing under this subtitle
  as evidence that the person abused or neglected 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 is 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; and
               (3)  a copy of any photograph, video, or recording that
  constitutes or contains evidence that is material to the
  allegations contained in the petition filed by the department.
         SECTION 3.  Section 262.201, Family Code, is amended by
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  If the court finds sufficient evidence to satisfy a
  person of ordinary prudence and caution that there is a continuing
  danger to the physical health or safety of the child and for the
  child to remain in the home is contrary to the welfare of the child,
  the court shall:
               (1)  issue an appropriate temporary order under Chapter
  105;
               (2)  [.  The court shall] require each parent, alleged
  father, or relative of the child before the court to:
                     (A)  complete the proposed child placement
  resources form provided under Section 261.307;
                     (B)  [and] file the form with the court, if the
  form has not been previously filed with the court;[,] and
                     (C)  provide the Department of Family and
  Protective Services with information necessary to locate any other
  absent parent, alleged father, or relative of the child;
               (3)  [.  The court shall] inform each parent, alleged
  father, or relative of the child before the court that the person's
  failure to submit the proposed child placement resources form will
  not delay any court proceedings relating to the child;
               (4)  [.  The court shall] inform each parent in open
  court that parental and custodial rights and duties may be subject
  to restriction or to termination unless the parent or parents are
  willing and able to provide the child with a safe environment; and
               (5)  unless the court has waived the requirement of a
  service plan on the court's finding of aggravated circumstances
  under Section 262.2015, after reviewing the basic service plan
  required under Section 262.206 and making any change or
  modification the court considers necessary, incorporate the plan
  into the order of the court and render any additional appropriate
  order to implement or require compliance with the plan.
         (c-1)  If the court finds that the child requires protection
  from family violence by a member of the child's family or household,
  the court shall render a protective order under Title 4 for the
  child. In this subsection, "family violence" has the meaning
  assigned by Section 71.004.
         SECTION 4.  Subchapter C, Chapter 262, Family Code, is
  amended by adding Section 262.206 to read as follows:
         Sec. 262.206.  BASIC SERVICE PLAN. (a) The Department of
  Family and Protective Services shall develop a statewide uniform
  basic family service plan to be filed with the court at each full
  adversary hearing held under Section 262.201.
         (b)  The basic service plan must:
               (1)  be in writing;
               (2)  specify the primary permanency goal for the child;
               (3)  state the steps necessary to:
                     (A)  return the child to the child's home if the
  child is placed in foster care;
                     (B)  enable the child to remain in the child's
  home with the assistance of a service plan if the child's placement
  is in the child's home under the department's supervision; or
                     (C)  otherwise provide a safe placement for the
  child;
               (4)  state the basic actions the child's parents must
  take to achieve the plan goal during the period of the service plan
  and the assistance to be provided to the parents by the department
  or other agency toward meeting that goal;
               (5)  state any basic skill or knowledge that the child's
  parents must acquire or learn and any basic behavioral change the
  parents must exhibit to achieve the plan goal;
               (6)  state the initial actions the child's parents must
  take to ensure that the child attends school and maintains or
  improves the child's academic compliance;
               (7)  prescribe any other basic condition that the
  department determines necessary for the success of the service
  plan; and
               (8)  be printed in English, Spanish, and any other
  language the department considers appropriate.
         (c)  The basic service plan must include the following
  statement:
         TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE
  OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE
  ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN.  AT
  THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN, MODIFY THE
  PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH 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 THE INITIAL
  COURT HEARING, A JUDGE WILL REVIEW THIS BASIC SERVICE PLAN.  A
  SUBSEQUENT COURT STATUS HEARING MAY BE SCHEDULED AT WHICH A JUDGE
  MAY REVIEW AN INDIVIDUALIZED SERVICE PLAN FOR YOUR CHILD AND
  REQUIRE COMPLIANCE WITH THE INDIVIDUALIZED PLAN.
         (d)  The basic 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 basic service plan is inadmissible in court
  as evidence.
         (e)  Not later than the fifth business day after the date the
  full adversary hearing is held under Section 262.201, the
  department shall:
               (1)  make all referrals necessary for the parents to
  comply with the parents' responsibilities under the basic service
  plan; and
               (2)  provide to the parents an accurate list of
  approved providers who provide those services in the department
  region in which the parent resides.
         SECTION 5.  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 make a finding as to whether the
  department is able to place the child with a relative or other
  designated caregiver and state the evidence that supports its
  finding.
         SECTION 6.  The heading to Subchapter B, Chapter 263, Family
  Code, is amended to read as follows:
  SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN
         SECTION 7.  Sections 263.101, 263.102, and 263.103, Family
  Code, are amended to read as follows:
         Sec. 263.101.  DEPARTMENT TO FILE INDIVIDUALIZED SERVICE
  PLAN. Except as provided by Section 262.2015, [not later than the
  45th day] after the date the court renders a temporary order
  appointing the department as temporary managing conservator of a
  child under Chapter 262 and before the date of the status hearing
  required under Subchapter C, the department may [shall] file with
  the court an individualized [a] service plan.
         Sec. 263.102.  INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a)
  The individualized service plan must:
               (1)  be specific;
               (2)  be in writing in a language that the parents
  understand, or made otherwise available;
               (3)  be prepared by the department in conference with
  the child's parents;
               (4)  state appropriate deadlines;
               (5)  specify the primary permanency goal and at least
  one alternative permanency goal;
               (6)  state steps that are necessary to:
                     (A)  return the child to the child's home if the
  placement is in foster care;
                     (B)  enable the child to remain in the child's
  home with the assistance of a service plan if the placement is in
  the home under the department's supervision; or
                     (C)  otherwise provide a permanent safe placement
  for the child;
               (7)  state the actions and responsibilities that are
  necessary for the child's parents to take to achieve the plan goal
  during the period of the service plan and the assistance to be
  provided to the parents by the department or other agency toward
  meeting that goal;
               (8)  state any specific skills or knowledge that the
  child's parents must acquire or learn, as well as any behavioral
  changes the parents must exhibit, to achieve the plan goal;
               (9)  state the actions and responsibilities that are
  necessary for the child's parents to take to ensure that the child
  attends school and maintains or improves the child's academic
  compliance;
               (10)  state the name of the person with the department
  whom the child's parents may contact for information relating to
  the child if other than the person preparing the plan; and
               (11)  prescribe any other term or condition that the
  department determines to be necessary to the service plan's
  success.
         (b)  The individualized 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 INDIVIDUALIZED SERVICE PLAN, MODIFY THE PLAN IF NECESSARY,
  INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE COMPLIANCE
  WITH THE PLAN.
         (c)  The individualized 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 an individualized service
  plan is inadmissible in the court as evidence.
         (c-1)  The department shall provide with the individualized
  service plan a list of approved providers in the department service
  area in which the parent resides of the services necessary for the
  parents to comply with the plan. The department shall maintain the
  accuracy of the provider list.
         (d)  The department or other authorized entity must write the
  individualized service plan in a manner that is clear and
  understandable to the parent in order to facilitate the parent's
  ability to follow the requirements of the service plan.
         (e)  Regardless of whether the goal stated in a child's
  individualized service plan as required under Subsection (a)(5) is
  to return the child to the child's parents or to terminate parental
  rights and place the child for adoption, the department shall
  concurrently provide to the child and the child's family, as
  applicable:
               (1)  time-limited family reunification services as
  defined by 42 U.S.C. Section 629a for a period not to exceed the
  period within which the court must render a final order in or
  dismiss the suit affecting the parent-child relationship with
  respect to the child as provided by Subchapter E; and
               (2)  adoption promotion and support services as defined
  by 42 U.S.C. Section 629a.
         (f)  The department shall consult with relevant
  professionals to determine the skills or knowledge that the parents
  of a child under two years of age should learn or acquire to provide
  a safe placement for the child. The department shall incorporate
  those skills and abilities into the department's individualized
  service plans, as appropriate.
         Sec. 263.103.  INDIVIDUALIZED [ORIGINAL] SERVICE PLAN:
  SIGNING AND TAKING EFFECT. (a) The individualized [original]
  service plan shall be developed jointly by the child's parents and a
  representative of the department. The department representative
  shall inform[, including informing] the parents of their rights in
  connection with the service plan process. If a parent is not able
  or willing to participate in the development of the service plan, it
  should be so noted in the plan.
         (a-1)  Before the individualized [original] service plan is
  signed, the child's parents and the representative of the
  department shall discuss each term and condition of the plan.
         (b)  The child's parents and the person preparing the
  individualized [original] service plan shall sign the plan, and the
  department shall give each parent a copy of the service plan.
         (c)  If the department determines that the child's parents
  are unable or unwilling to participate in the development of the
  individualized [original] service plan or sign the plan, the
  department may file the plan without the parents' signatures.
         (d)  The individualized [original] service plan takes effect
  when:
               (1)  the child's parents and the appropriate
  representative of the department sign the plan; or
               (2)  the court issues an order giving effect to the plan
  without the parents' signatures.
         (e)  The individualized [original] service plan is in effect
  until amended by the court or as provided under Section 263.104.
         SECTION 8.  Section 263.105(c), Family Code, is amended to
  read as follows:
         (c)  The court may modify an individualized [original] or
  amended service plan at any time.
         SECTION 9.  Section 263.106, Family Code, is amended to read
  as follows:
         Sec. 263.106.  COURT IMPLEMENTATION OF SERVICE PLAN. After
  reviewing the individualized [original] or any amended service plan
  and making any changes or modifications it deems necessary, the
  court shall incorporate the individualized [original] and any
  amended service plan into the orders of the court and may render
  additional appropriate orders to implement or require compliance
  with the [an original or amended service] plan.
         SECTION 10.  Section 263.403(a), Family Code, is amended 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, 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.
         SECTION 11.  Sections 263.405(a) and (b), Family Code, are
  amended to read as follows:
         (a)  An appeal of a final order rendered under this
  subchapter is governed by this subchapter and the procedures for
  accelerated appeals in civil cases under the Texas Rules of
  Appellate Procedure.  The appellate court shall render its final
  order or judgment with the least possible delay.
         (b)  A final order rendered under this subchapter must
  contain the following prominently displayed statement in boldfaced
  type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS
  ORDER HAS THE RIGHT TO APPEAL.  AN APPEAL IN A SUIT IN WHICH
  TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED
  BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR
  ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF
  APPELLATE PROCEDURE.  FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263,
  FAMILY CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR
  ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL."
         SECTION 12.  Subchapter E, Chapter 263, Family Code, is
  amended by adding Sections 263.4055 and 263.4056 to read as
  follows:
         Sec. 263.4055.  MOTION FOR NEW TRIAL ON FINAL ORDER; TIME FOR
  FILING AN APPEAL. (a) A motion for a new trial following a final
  order rendered under this subchapter must be filed not later than
  the fifth day after the date the final order is filed with the
  clerk.
         (b)  The court shall hold a hearing on the motion for a new
  trial not later than the 14th day after the date the motion is
  filed. Unless the court rules on the motion for a new trial within
  the period provided by this subsection, the motion is denied by
  operation of law.
         (c)  If a motion for a new trial is filed, an appeal of a
  final order under Section 263.405 must be filed not later than the
  20th day after the date the court rules on the motion for a new trial
  or the date the motion is denied by operation of law.
         (d)  To the extent that this section conflicts with the Texas
  Rules of Civil Procedure or the Texas Rules of Appellate Procedure,
  this section controls. Notwithstanding Section 22.004, Government
  Code, this section may not be modified or repealed by a rule adopted
  by the supreme court.
         Sec. 263.4056.  DEADLINE FOR FILING COURT REPORTER'S RECORD
  IN APPELLATE COURT. (a) In an appeal of a final order rendered
  under this subchapter, the court reporter for the court that
  rendered the order shall prepare and submit the reporter's record
  of the trial to the appellate court not later than the 20th day
  after the date the notice of appeal is filed with the court.
         (b)  On a showing of good cause, the appellate court may
  extend the deadline for submitting the reporter's record. If the
  court grants an extension under this subsection, the reporter's
  record must be filed with the appellate court not later than the
  40th day after the date the notice of appeal is filed with the
  court.
         (c)  To the extent that this section conflicts with the Texas
  Rules of Appellate Procedure, this section controls.
  Notwithstanding Section 22.004, Government Code, this section may
  not be modified or repealed by a rule adopted by the supreme court.
         SECTION 13.  Section 264.018, Family Code, is amended by
  amending Subsection (f) and adding Subsections (f-1) and (f-2) 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 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-2)  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 14.  (a) The Department of Family and Protective
  Services shall develop the statewide uniform basic service plan as
  required by Section 262.206, Family Code, as added by this Act, not
  later than December 1, 2017.
         (b)  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.
         (c)  Sections 263.405(a) and (b), Family Code, as amended by
  this Act, apply only to a final order rendered on or after the
  effective date of this Act. An order rendered 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.
         (d)  Sections 263.4055 and 263.4056, Family Code, as added by
  this Act, apply only to a motion for a new trial following a final
  order or an appeal of a final order rendered on or after the
  effective date of this Act. A motion for a new trial following a
  final order or an appeal of a final order rendered before the
  effective date of this Act 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.
         (e)  The changes in law made by this Act apply only to an
  original suit affecting the parent-child relationship filed on or
  after the effective date of this Act. An original 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.
         SECTION 15.  This Act takes effect September 1, 2017.