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.

 
 
  S.B. No. 1758
 
 
 
 
AN ACT
  relating to requirements for the court in permanency hearings for
  children in the conservatorship of the Department of Family and
  Protective Services who are receiving transitional living
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.002(b-1), Family Code, is amended to
  read as follows:
         (b-1)  In addition to the duties required by Subsection (b),
  a guardian ad litem appointed for a child in a proceeding under
  Chapter 262 or 263 shall:
               (1)  review the medical care provided to the child;
  [and]
               (2)  in a developmentally appropriate manner, seek to
  elicit the child's opinion on the medical care provided; and
               (3)  for a child at least 16 years of age, ascertain
  whether the child has received the following documents:
                     (A)  a certified copy of the child's birth
  certificate;
                     (B)  a social security card or a replacement
  social security card;
                     (C)  a driver's license or personal
  identification certificate under Chapter 521, Transportation Code;
  and
                     (D)  any other personal document the Department of
  Family and Protective Services determines appropriate.
         SECTION 2.  Section 107.003(b), Family Code, is amended to
  read as follows:
         (b)  In addition to the duties required by Subsection (a), an
  attorney ad litem appointed for a child in a proceeding under
  Chapter 262 or 263 shall:
               (1)  review the medical care provided to the child;
               (2)  in a developmentally appropriate manner, seek to
  elicit the child's opinion on the medical care provided; and
               (3)  for a child at least 16 years or age:
                     (A)  [,] advise the child of the child's right to
  request the court to authorize the child to consent to the child's
  own medical care under Section 266.010; and
                     (B)  ascertain whether the child has received the
  following documents:
                           (i)  a certified copy of the child's birth
  certificate;
                           (ii)  a social security card or a
  replacement social security card;
                           (iii)  a driver's license or personal
  identification certificate under Chapter 521, Transportation Code;
  and
                           (iv)  any other personal document the
  Department of Family and Protective Services determines
  appropriate.
         SECTION 3.  Section 263.306(a-1), Family Code, is amended to
  read as follows:
         (a-1)  At each permanency hearing before a final order is
  rendered, the court shall:
               (1)  identify all persons and parties present at the
  hearing;
               (2)  review the efforts of the department or other
  agency in:
                     (A)  locating and requesting service of citation
  on all persons entitled to service of citation under Section
  102.009; and
                     (B)  obtaining the assistance of a parent in
  providing information necessary to locate an absent parent, alleged
  father, or relative of the child;
               (3)  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;
               (4)  review the extent of the parties' compliance with
  temporary orders and the service plan and the extent to which
  progress has been made toward alleviating or mitigating the causes
  necessitating the placement of the child in foster care;
               (5) [(4)]  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)  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)  the appropriateness of the primary and
  alternative permanency goals for the child developed in accordance
  with department rule and whether the department has made reasonable
  efforts to finalize the permanency plan, including the concurrent
  permanency goals, in effect for the child;
                     (D)  whether the child has been provided the
  opportunity, in a developmentally appropriate manner, to express
  the child's opinion on any medical care provided;
                     (E)  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;
                     (F)  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 have been major
  changes in the child's school performance or there have been
  serious disciplinary events;
                     (G)  for a child 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; and
                     (H)  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;
                           (iii)  whether the department has conducted
  an independent living skills assessment under Section
  264.121(a-3);
                           (iv)  whether the department has addressed
  the goals identified in the child's permanency plan, including the
  child's housing plan, and the results of the independent living
  skills assessment;
                           (v)  if the youth is 16 years of age or
  older, whether there is evidence that the department has provided
  the youth with the documents and information listed in Section
  264.121(e); and
                           (vi)  if the youth is 18 years of age or
  older or has had the disabilities of minority removed, whether
  there is evidence that the department has provided the youth with
  the documents and information listed in Section 264.121(e-1);
               (6) [(5)]  determine whether to return the child to the
  child's parents if the child's 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;
               (7) [(6)]  estimate a likely date by which the child
  may be returned to and safely maintained in the child's home, placed
  for adoption, or placed in permanent managing conservatorship; and
               (8) [(7)]  announce in open court the dismissal date
  and the date of any upcoming hearings.
         SECTION 4.  Subchapter E, Chapter 263, Family Code, is
  amended by adding Section 263.4041 to read as follows:
         Sec. 263.4041.  VERIFICATION OF TRANSITION PLAN.
  Notwithstanding Section 263.401, for a suit involving a child who
  is 14 years of age or older and whose permanency goal is another
  planned permanent living arrangement, the court shall verify that:
               (1)  the department has conducted an independent living
  skills assessment for the child as provided under Section
  264.121(a-3);
               (2)  the department has addressed the goals identified
  in the child's permanency plan, including the child's housing plan,
  and the results of the independent living skills assessment;
               (3)  if the youth is 16 years of age or older, there is
  evidence that the department has provided the youth with the
  documents and information listed in Section 264.121(e); and
               (4)  if the youth is 18 years of age or older or has had
  the disabilities of minority removed, there is evidence that the
  department has provided the youth with the documents and
  information listed in Section 264.121(e-1).
         SECTION 5.  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)  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;
                           (iii)  whether the department has conducted
  an independent living skills assessment under Section
  264.121(a-3);
                           (iv)  whether the department has addressed
  the goals identified in the child's permanency plan, including the
  child's housing plan, and the results of the independent living
  skills assessment;
                           (v)  if the youth is 16 years of age or
  older, whether there is evidence that the department has provided
  the youth with the documents and information listed in Section
  264.121(e); and
                           (vi)  if the youth is 18 years of age or
  older or has had the disabilities of minority removed, whether
  there is evidence that the department has provided the youth with
  the documents and information listed in Section 264.121(e-1);
                     (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 6.  Section 264.121, Family Code, is amended by
  adding Subsections (a-3), (a-4), (a-5), and (a-6) to read as
  follows:
         (a-3)  The department shall conduct an independent living
  skills assessment for all youth in the department's conservatorship
  who are 16 years of age or older.
         (a-4)  The department shall conduct an independent living
  skills assessment for all youth in the department's permanent
  managing conservatorship who are at least 14 years of age but
  younger than 16 years of age.
         (a-5)  The department shall annually update the assessment
  for each youth assessed under Subsections (a-3) and (a-4) to
  determine the independent living skills the youth learned during
  the preceding year to ensure that the department's obligation to
  prepare the youth for independent living has been met. The
  department shall conduct the annual update through the youth's plan
  of service in coordination with the youth, the youth's caseworker,
  the staff of the Preparation for Adult Living Program, and the
  youth's caregiver.
         (a-6)  The department, in coordination with stakeholders,
  shall develop a plan to standardize the curriculum for the
  Preparation for Adult Living Program that ensures that 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.
         SECTION 7.  The changes in law made by this Act to Chapter
  263, Family Code, apply to a suit affecting the parent-child
  relationship filed before, on, or after the effective date of this
  Act.
         SECTION 8.  The Department of Family and Protective Services
  is required to implement Section 264.121(a-4), Family Code, as
  added by this Act, only if the legislature appropriates money
  specifically for that purpose.  If the legislature does not
  appropriate money specifically for that purpose, the agency may,
  but is not required to, implement Section 264.121(a-4), Family
  Code, as added by this Act, using other appropriations available
  for the purpose.
         SECTION 9.  The Department of Family and Protective Services
  shall conduct the independent living skills assessments for youth
  in the department's permanent managing conservatorship required by
  Section 264.121(a-4), Family Code, as added by this Act, according
  to the following schedule, if funds are available for that purpose:
               (1)  beginning September 1, 2017, the department shall
  assess youth who are at least 15 years of age but younger than 16
  years of age; and
               (2)  beginning September 1, 2018, the department shall
  assess youth who are at least 14 years of age but younger than 15
  years of age.
         SECTION 10.  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 11.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1758 passed the Senate on
  May 1, 2017, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendments on May 22, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1758 passed the House, with
  amendments, on May 18, 2017, by the following vote: Yeas 138,
  Nays 8, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor