H.B. No. 825

	AN ACT
	relating to procedures for identifying any Native American heritage
	of children in certain hearings in suits affecting the parent-child
	relationship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 262.201, Family Code, is amended by
	adding Subsection (a-4) to read as follows:
	(a-4)  The court shall ask all parties present at the full
	adversary hearing 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.
	SECTION 2.  Section 263.202, Family Code, is amended by
	adding Subsection (f-1) to read as follows:
	(f-1)  The court shall ask all parties present at the status
	hearing 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.
	SECTION 3.  Section 263.306(a), Family Code, as amended by
	S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, 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) [(10)]  review the medical care provided to the
	child as required by Section 266.007;
	(12) [(11)]  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) [(12)]  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) [(13)]  determine whether:
	(A)  the child continues to need substitute care;
	(B)  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) [(14)]  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) [(15)]  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) [(16)]  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) [(17)]  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) [(18)]  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 4.  The changes in law made by this Act to Sections
	262.201, 263.202, and 263.306, Family Code, apply only to a hearing
	held on or after the effective date of this Act.
	SECTION 5.  To the extent of any conflict, this Act prevails
	over another Act of the 84th Legislature, Regular Session, 2015,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 6.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 825 was passed by the House on April
	30, 2015, by the following vote:  Yeas 125, Nays 15, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 825 was passed by the Senate on May
	26, 2015, by the following vote:  Yeas 29, Nays 2.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor