H.B. No. 1884
 
 
 
 
AN ACT
  relating to the information provided to relative and other
  designated caregivers of children in the conservatorship of the
  Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.3071(c), Family Code, is amended to
  read as follows:
         (c)  Information provided in the manuals must be in both
  English and Spanish and must include, as appropriate:
               (1)  useful indexes of information such as telephone
  numbers;
               (2)  the information required to be provided under
  Section 261.307(a)(1);
               (3)  information describing the rights and duties of a
  relative or designated caregiver;
               (4)  information regarding:
                     (A)  the relative and other designated caregiver
  program under Subchapter I, Chapter 264, and the option for the
  relative or other designated caregiver to become verified by a
  licensed child-placing agency to operate an agency foster home, if
  applicable; and
                     (B)  the permanency care assistance program under
  Subchapter K, Chapter 264; and
               (5)  information regarding the role of a voluntary
  caregiver, including information on how to obtain any documentation
  necessary to provide for a child's needs.
         SECTION 2.  Section 262.201, Family Code, is amended by
  adding Subsection (n-1) to read as follows:
         (n-1)  For a child placed with a relative of the child, the
  court shall inform the relative of:
               (1)  the option to become verified by a licensed
  child-placing agency to operate an agency foster home, if
  applicable; and
               (2)  the permanency care assistance program under
  Subchapter K, Chapter 264.
         SECTION 3.  Section 263.202, Family Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  For a child placed with a relative of the child, the
  court shall inform the relative of:
               (1)  the option to become verified by a licensed
  child-placing agency to operate an agency foster home, if
  applicable; and
               (2)  the permanency care assistance program under
  Subchapter K, Chapter 264.
         SECTION 4.  Section 263.306(c), Family Code, is amended to
  read as follows:
         (c)  In addition to the requirements of Subsection (a-1), at
  each permanency hearing before a final order is rendered the court
  shall review the department's efforts to:
               (1)  ensure that the child has regular, ongoing
  opportunities to engage in age-appropriate normalcy activities,
  including activities not listed in the child's service plan; and
               (2)  for a child placed with a relative of the child or
  other designated caregiver, inform the caregiver of:
                     (A)  the option to become verified by a licensed
  child-placing agency to operate an agency foster home, if
  applicable; and
                     (B)  the permanency care assistance program under
  Subchapter K, Chapter 264.
         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)  for a child placed with a relative of the child or
  other designated caregiver, review the efforts of the department to
  inform the caregiver of:
                     (A)  the option to become verified by a licensed
  child-placing agency to operate an agency foster home, if
  applicable; and
                     (B)  the permanency care assistance program under
  Subchapter K, Chapter 264; and
               (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)  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;
                           (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 264.7541, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Once a child is placed with a relative or other
  designated caregiver, the department shall inform the caregiver of:
               (1)  the option to become verified by a licensed
  child-placing agency to operate an agency foster home, if
  applicable; and
               (2)  the permanency care assistance program under
  Subchapter K.
         SECTION 7.  Section 264.755, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  When a relative or other designated caregiver enters
  into a caregiver assistance agreement under Subsection (a), the
  department shall inform the caregiver of:
               (1)  the option to become verified by a licensed
  child-placing agency to operate an agency foster home, if
  applicable; and
               (2)  the permanency care assistance program under
  Subchapter K.
         SECTION 8.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1884 was passed by the House on May 3,
  2019, by the following vote:  Yeas 139, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1884 was passed by the Senate on May
  20, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor