81(R) HB 1629 - Enrolled version

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�	H.B.�No.�1629

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�	AN ACT
�	relating to the care and protection of foster children committed to
�	or released under supervision by the Texas Youth Commission.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��Section 32.001(b), Family Code, is amended to
�	read as follows:
�	��(b)��Except as otherwise provided by this subsection, the
�	[~~The~~] Texas Youth Commission may consent to the medical, dental,
�	psychological, and surgical treatment of a child committed to the
�	Texas Youth Commission [it] under Title 3 when the person having the
�	right to consent has been contacted and that person has not given
�	actual notice to the contrary. �Consent for medical, dental,
�	psychological, and surgical treatment of a child for whom the
�	Department of Family and Protective Services has been appointed
�	managing conservator and who is committed to the Texas Youth
�	Commission is governed by Sections 266.004, 266.009, and 266.010.
�	��SECTION�2.��Section 54.04, Family Code, is amended by adding
�	Subsection (y) to read as follows:
�	��(y)��A juvenile court conducting a hearing under this section
�	involving a child for whom the Department of Family and Protective
�	Services has been appointed managing conservator may communicate
�	with the court having continuing jurisdiction over the child before
�	the disposition hearing. The juvenile court may allow the parties
�	to the suit affecting the parent-child relationship in which the
�	Department of Family and Protective Services is a party to
�	participate in the communication under this subsection.
�	��SECTION�3.��Part 1, Subchapter B, Chapter 107, Family Code,
�	is amended by adding Section 107.0161 to read as follows:
�	��Sec.�107.0161.��AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO
�	TEXAS YOUTH COMMISSION. �If an order appointing the Department of
�	Family and Protective Services as managing conservator of a child
�	does not continue the appointment of the child's guardian ad litem
�	or attorney ad litem and the child is committed to the Texas Youth
�	Commission or released under supervision by the Texas Youth
�	Commission, the court may appoint a guardian ad litem or attorney ad
�	litem for the child.
�	��SECTION�4.��Section 263.001(a)(4), Family Code, is amended
�	to read as follows:
�	��(4)��"Substitute care" means the placement of a child
�	who is in the conservatorship of the department or an authorized
�	agency in care outside the child's home. The term includes foster
�	care, institutional care, adoption, [or] placement with a relative
�	of the child, or commitment to the Texas Youth Commission.
�	��SECTION�5.��Section 263.002, Family Code, is amended to read
�	as follows:
�	��Sec.�263.002.��REVIEW OF PLACEMENTS BY COURT. �In a suit
�	affecting the parent-child relationship in which the department or
�	an authorized agency 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 Youth
�	Commission, the child's commitment in the Texas Youth Commission or
�	release under supervision by the Texas Youth Commission.
�	��SECTION�6.��Section 263.302, Family Code, is amended to read
�	as follows:
�	��Sec.�263.302.��CHILD'S ATTENDANCE AT HEARING. �The child
�	shall attend each permanency hearing unless the court specifically
�	excuses the child's attendance. �A child committed to the Texas
�	Youth Commission may attend a permanency hearing in person, by
�	telephone, or by videoconference.�The court shall consult with
�	the child in a developmentally appropriate manner regarding the
�	child's permanency plan, if the child is four years of age or older
�	and if the court determines it is in the best interest of the child. �
�	Failure by the child to attend a hearing does not affect the
�	validity of an order rendered at the hearing.
�	��SECTION�7.��Section 263.303(b), Family Code, is amended to
�	read as follows:
�	��(b)��The permanency progress report must:
�	��(1)��recommend that the suit be dismissed; or
�	��(2)��recommend that the suit continue, and:
�	��(A)��identify the date for dismissal of the suit
�	under this chapter;
�	��(B)��provide:
�	��(i)��the name of any person entitled to
�	notice under Chapter 102 who has not been served;
�	��(ii)��a description of the efforts by the
�	department or another agency to locate and request service of
�	citation; and
�	��(iii)��a description of each parent's
�	assistance in providing information necessary to locate an unserved
�	party;
�	��(C)��evaluate the parties' compliance with
�	temporary orders and with the service plan;
�	��(D)��evaluate whether the child's placement in
�	substitute care meets the child's needs and recommend other plans
�	or services to meet the child's special needs or circumstances;
�	��(E)��describe the permanency plan for the child
�	and recommend actions necessary to ensure that a final order
�	consistent with that permanency plan is rendered before the date
�	for dismissal of the suit under this chapter; [~~and~~]
�	��(F)��with respect to a child 16 years of age or
�	older, identify the services needed to assist the child in the
�	transition to adult life; and
�	��(G)��with respect to a child committed to the
�	Texas Youth Commission or released under supervision by the Texas
�	Youth Commission:
�	��(i)��evaluate whether the child's needs for
�	treatment and education are being met;
�	��(ii)��describe, using information provided
�	by the Texas Youth Commission, the child's progress in any
�	rehabilitation program administered by the Texas Youth Commission;
�	and
�	��(iii)��recommend other plans or services to
�	meet the child's needs.
�	��SECTION�8.��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 or another
�	agency 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)��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;
�	��(5)��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;
�	��(6)��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;
�	��(7)��evaluate the parties' compliance with temporary
�	orders and the service plan;
�	��(8)��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;
�	��(9)��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;
�	��(10)��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;
�	��(11)��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; [~~and~~]
�	��(12)��if the child is committed to the Texas Youth
�	Commission or released under supervision by the Texas Youth
�	Commission, determine whether the child's needs for treatment,
�	rehabilitation, and education are being met; and
�	��(13)��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�9.��Section 263.501, Family Code, is amended by
�	amending Subsection (f) and adding Subsection (g) to read as
�	follows:
�	��(f)��The child shall attend each placement review hearing
�	unless the court specifically excuses the child's attendance. �A
�	child committed to the Texas Youth Commission may attend a
�	placement review hearing in person, by telephone, or by
�	videoconference. The court shall consult with the child in a
�	developmentally appropriate manner regarding the child's
�	permanency or transition plan, if the child is four years of age or
�	older. �Failure by the child to attend a hearing does not affect the
�	validity of an order rendered at the hearing.
�	��(g)��A court required to conduct placement review hearings
�	for a child for whom the department has been appointed permanent
�	managing conservator may not dismiss a suit affecting the
�	parent-child relationship filed by the department regarding the
�	child while the child is committed to the Texas Youth Commission or
�	released under the supervision of the Texas Youth Commission,
�	unless the child is adopted or permanent managing conservatorship
�	of the child is awarded to an individual other than the department.
�	��SECTION�10.��Section 263.502(c), Family Code, is amended to
�	read as follows:
�	��(c)��The placement review report must:
�	��(1)��evaluate whether the child's current placement is
�	appropriate for meeting the child's needs;
�	��(2)��evaluate 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 if
�	the child is placed in institutional care;
�	��(3)��contain a discharge plan for a child who is at
�	least 16 years of age that identifies the services and specific
�	tasks that are needed to assist the child in making the transition
�	from substitute care to adult living and describes the services
�	that are available through the Preparation for Adult Living Program
�	operated by the department;
�	��(4)��evaluate whether the child's current educational
�	placement is appropriate for meeting the child's academic needs;
�	��(5)��identify other plans or services that are needed
�	to meet the child's special needs or circumstances; [~~and~~]
�	��(6)��describe the efforts of the department or
�	authorized agency to place the child for adoption if parental
�	rights to the child have been terminated and the child is eligible
�	for adoption, including efforts to provide adoption promotion and
�	support services as defined by 42 U.S.C. Section 629a and other
�	efforts consistent with the federal Adoption and Safe Families Act
�	of 1997 (Pub. L. No. 105-89); and
�	��(7)��with respect to a child committed to the Texas
�	Youth Commission or released under supervision by the Texas Youth
�	Commission:
�	��(A)��evaluate whether the child's needs for
�	treatment and education are being met;
�	��(B)��describe, using information provided by the
�	Texas Youth Commission, the child's progress in any rehabilitation
�	program administered by the Texas Youth Commission; and
�	��(C)��recommend other plans or services to meet the
�	child's needs.
�	��SECTION�11.��Section 263.503, Family Code, is amended to
�	read as follows:
�	��Sec.�263.503.��PLACEMENT REVIEW HEARINGS; PROCEDURE. �At
�	each placement review hearing, the court shall determine whether:
�	��(1)��the child's current placement is necessary, safe,
�	and appropriate for meeting the child's needs, including with
�	respect to a child placed outside of the state, whether the
�	placement continues to be appropriate and in the best interest of
�	the child;
�	��(2)��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 if the child is placed in
�	institutional care;
�	��(3)��the services that are needed to assist a child who
�	is at least 16 years of age in making the transition from substitute
�	care to independent living are available in the community;
�	��(4)��other plans or services are needed to meet the
�	child's special needs or circumstances;
�	��(5)��the department or authorized agency 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; [~~and~~]
�	��(6)��the department or authorized agency has made
�	reasonable efforts to finalize the permanency plan that is in
�	effect for the child; and
�	��(7)��if the child is committed to the Texas Youth
�	Commission or released under supervision by the Texas Youth
�	Commission, the child's needs for treatment, rehabilitation, and
�	education are being met.
�	��SECTION�12.��Section 264.0091, Family Code, is amended to
�	read as follows:
�	��Sec.�264.0091.��USE OF TELECONFERENCING AND
�	VIDEOCONFERENCING TECHNOLOGY. �Subject to the availability of
�	funds, the department, in cooperation with district and county
�	courts, shall expand the use of teleconferencing and
�	videoconferencing to facilitate participation by medical experts,
�	children, and other individuals in court proceedings, including
�	children for whom the department, an authorized agency, or a
�	licensed child-placing agency has been appointed managing
�	conservator and who are committed to the Texas Youth Commission.
�	��SECTION�13.��Section 61.0731, Human Resources Code, is
�	amended by adding Subsection (d) to read as follows:
�	��(d)��Notwithstanding Subsection (a), if the Department of
�	Family and Protective Services has been appointed managing
�	conservator for a child, the commission shall disclose records and
�	other information concerning the child to the department as
�	provided by department rules.
�	��SECTION�14.��Section 61.0763, Human Resources Code, as added
�	by Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular
�	Session, 2007, is amended by adding Subsection (e) to read as
�	follows:
�	��(e)��The commission shall ensure that if the Department of
�	Family and Protective Services has been appointed managing
�	conservator of a child, the department is given the same rights as
�	the child's parent under the parent's bill of rights developed under
�	this section.
�	��SECTION�15.��Subchapter E, Chapter 61, Human Resources Code,
�	is amended by adding Sections 61.0766 and 61.0767 to read as
�	follows:
�	��Sec.�61.0766.��REPORT CONCERNING FOSTER CHILDREN COMMITTED
�	TO COMMISSION. �(a) �Not later than the 10th day before the date of a
�	permanency hearing under Subchapter D, Chapter 263, Family Code, or
�	a placement review hearing under Subchapter F, Chapter 263, Family
�	Code, regarding a child for whom the Department of Family and
�	Protective Services has been appointed managing conservator, a
�	commission caseworker shall submit a written report regarding the
�	child's commitment to the commission to:
�	��(1)��the court;
�	��(2)��the Department of Family and Protective Services;
�	��(3)��any attorney ad litem or guardian ad litem
�	appointed for the child; and
�	��(4)��any volunteer advocate appointed for the child.
�	��(b)��The report required by Subsection (a) must include:
�	��(1)��the results of any assessments of the child during
�	the child's commitment to the commission, including assessments of
�	the child's emotional, mental, educational, psychological,
�	psychiatric, medical, or physical needs;
�	��(2)��information regarding the child's placement in
�	particular programs administered by the commission; and
�	��(3)��a description of the child's progress in programs
�	administered by the commission.
�	��Sec.�61.0767.��RULES REGARDING SERVICES FOR FOSTER CHILDREN. �
�	(a) �The commission and the executive commissioner of the Health and
�	Human Services Commission shall jointly adopt rules to ensure that
�	a child for whom the Department of Family and Protective Services
�	has been appointed managing conservator receives appropriate
�	services while the child is committed to the commission or released
�	under supervision by the commission.
�	��(b)��The rules adopted under this section must require the
�	commission and the Department of Family and Protective Services to
�	cooperate in providing appropriate services to a child for whom the
�	Department of Family and Protective Services has been appointed
�	managing conservator while the child is committed to the commission
�	or released under supervision by the commission, including:
�	��(1)��medical care, as defined by Section 266.001,
�	Family Code;
�	��(2)��mental health treatment and counseling;
�	��(3)��education, including special education;
�	��(4)��case management;
�	��(5)��drug and alcohol abuse assessment or treatment;
�	��(6)��sex offender treatment; and
�	��(7)��trauma informed care.
�	��(c)��The rules adopted under this section must require:
�	��(1)��the Department of Family and Protective Services
�	to:
�	��(A)��provide the commission with access to
�	relevant health and education information regarding a child; and
�	��(B)��require a child's caseworker to visit the
�	child in person at least once each month while the child is
�	committed to the commission;
�	��(2)��the commission to:
�	��(A)��provide the Department of Family and
�	Protective Services with relevant health and education information
�	regarding a child;
�	��(B)��permit communication, including in person,
�	by telephone, and by mail, between a child committed to the
�	commission and:
�	��(i)��the Department of Family and Protective
�	Services; and
�	��(ii)��the attorney ad litem, the guardian ad
�	litem, and the volunteer advocate for the child; and
�	��(C)��provide the Department of Family and
�	Protective Services and any attorney ad litem or guardian ad litem
�	for the child with timely notice of the following events relating to
�	the child:
�	��(i)��a meeting designed to develop or revise
�	the individual case plan for the child;
�	��(ii)��in accordance with any participation
�	protocols to which the Department of Family and Protective Services
�	and the commission agree, a medical appointment at which a person
�	authorized to consent to medical care must participate as required
�	by Section 266.004(i), Family Code;
�	��(iii)��an education meeting, including
�	admission, review, or dismissal meetings for a child receiving
�	special education;
�	��(iv)��a grievance or disciplinary hearing
�	for the child;
�	��(v)��a report of abuse or neglect of the
�	child; and
�	��(vi)��a significant medical condition of the
�	child, as defined by Section 266.005, Family Code; and
�	��(3)��the Department of Family and Protective Services
�	and the commission to participate in transition planning for the
�	child through release from detention, release under supervision,
�	and discharge.
�	��SECTION�16. �(a) �Not later than April 30, 2010, the executive
�	commissioner of the Health and Human Services Commission and of the
�	Texas Youth Commission shall adopt the rules required by Section
�	61.0767, Human Resources Code, as added by this Act.
�	��(b)��The changes in law made by this Act apply to an
�	individual for whom the Department of Family and Protective
�	Services or another agency has been appointed managing conservator
�	and who is in the custody of the Texas Youth Commission or released
�	under supervision by the Texas Youth Commission on or after the
�	effective date of this Act, regardless of the date on which the
�	person was committed to the Texas Youth Commission or released
�	under supervision by the Texas Youth Commission.
�	��SECTION�17. �This Act takes effect immediately if it receives
�	a vote of two-thirds of all the members elected to each house, as
�	provided by Section 39, Article III, Texas Constitution.��If this
�	Act does not receive the vote necessary for immediate effect, this
�	Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
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�	��I certify that H.B. No. 1629 was passed by the House on April
�	29, 2009, by the following vote:��Yeas 141, Nays 0, 1 present, not
�	voting.
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�	______________________________
�	Chief Clerk of the House��
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�	��I certify that H.B. No. 1629 was passed by the Senate on May
�	14, 2009, by the following vote:��Yeas 31, Nays 0.
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�	______________________________
�	Secretary of the Senate��
�	APPROVED:��_____________________
�	��Date��
�	�
�	��_____________________
�	��Governor��