�
�
�	S.B.�No.�939

�
�
�
�	AN ACT
�	relating to benefits and services for children in the
�	conservatorship of the Department of Family and Protective
�	Services, including the exchange of information by the department
�	regarding students in foster care.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Subchapter B, Chapter 7, Education Code, is
�	amended by adding Section 7.029 to read as follows:
�	�������Sec.�7.029.��MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE
�	OF INFORMATION FOR STUDENTS IN FOSTER CARE. (a)��The agency and the
�	Department of Family and Protective Services shall enter into a
�	memorandum of understanding regarding the exchange of information
�	as appropriate to facilitate the department's evaluation of
�	educational outcomes of students in foster care. The memorandum of
�	understanding must require:
�	�������������(1)��the department to provide the agency each year
�	with demographic information regarding individual students who
�	during the preceding school year were in the conservatorship of the
�	department following an adversarial hearing under Section 262.201,
�	Family Code; and
�	�������������(2)��the agency, in a manner consistent with federal
�	law, to provide the department with aggregate information regarding
�	educational outcomes of students for whom the agency received
�	demographic information under Subdivision (1).
�	�������(b)��For purposes of Subsection (a)(2), information
�	regarding educational outcomes includes information relating to
�	student academic achievement, graduation rates, school attendance,
�	disciplinary actions, and receipt of special education services.
�	�������(c)��The department may authorize the agency to provide
�	education research centers established under Section 1.005 with
�	demographic information regarding individual students received by
�	the agency in accordance with Subsection (a)(1), as appropriate to
�	allow the centers to perform additional analysis regarding
�	educational outcomes of students in foster care. Any use of
�	information regarding individual students provided to a center
�	under this subsection must be approved by the department.
�	�������(d)��Nothing in this section may be construed to:
�	�������������(1)��require the agency or the department to collect or
�	maintain additional information regarding students in foster care;
�	or
�	�������������(2)��allow the release of information regarding an
�	individual student in a manner not permitted under the Family
�	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
�	1232g) or another state or federal law.
�	�������SECTION�2.��Section 54.211, Education Code, is amended to
�	read as follows:
�	�������Sec.�54.211.��EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
�	RESIDENTIAL CARE. �(a) �A student is exempt from the payment of
�	tuition and fees authorized in this chapter if the student:
�	�������������(1)��was in [foster care or other residential care
�	under] the conservatorship of the Department of Family and
�	Protective Services [on or after]:
�	�������������������(A)��on the day preceding the student's 18th
�	birthday;
�	�������������������(B)��on or after the day of the student's 14th
�	birthday, if the student was also eligible for adoption on or after
�	that day; [or]
�	�������������������(C)��on the day the student graduated from high
�	school or received the equivalent of a high school diploma; or
�	�������������������(D)��on the day preceding:
�	�������������������������(i)��the date the student is adopted, if that
�	date is on or after September 1, 2009; or
�	�������������������������(ii)��the date permanent managing
�	conservatorship of the student is awarded to a person other than the
�	student's parent, if that date is on or after September 1, 2009; and
�	�������������(2)��enrolls in an institution of higher education as
�	an undergraduate student not later than[:
�	�������������������[(A) � � the third anniversary of the date the
�	student was discharged from the foster or other residential care,
�	the date the student graduated from high school, or the date the
�	student received the equivalent of a high school diploma, whichever
�	date is earliest; or
�	�������������������[(B)]��the student's 25th [21st] birthday.
�	�������(b)��The Texas Education Agency and the Texas Higher
�	Education Coordinating Board shall develop outreach programs to
�	ensure that students in the conservatorship of the Department of
�	Family and Protective Services and [foster or other residential
�	care] in grades 9-12 are aware of the availability of the exemption
�	from the payment of tuition and fees provided by this section.
�	�������SECTION�3.��Subsection (b), Section 261.312, Family Code, is
�	amended to read as follows:
�	�������(b)��A review team consists of at least five members who
�	serve staggered two-year terms. Review team members are appointed
�	by the director of the department and consist of volunteers who live
�	in and are broadly representative of the region in which the review
�	team is established and have expertise in the prevention and
�	treatment of child abuse and neglect. At least two members of a
�	review team [community representatives and private citizens who
�	live in the region for which the team is established. Each member]
�	must be parents [a parent] who have [has] not been convicted of or
�	indicted for an offense involving child abuse or neglect, have
�	[has] not been determined by the department to have engaged in child
�	abuse or neglect, and are [or is] not under investigation by the
�	department for child abuse or neglect. A member of a review team is
�	a department volunteer for the purposes of Section 411.114,
�	Government Code.
�	�������SECTION�4.��Section 263.3025, Family Code, is amended by
�	adding Subsection (d) to read as follows:
�	�������(d)��In accordance with department rules, a child's
�	permanency plan must include concurrent permanency goals
�	consisting of a primary permanency goal and at least one alternate
�	permanency goal.
�	�������SECTION�5.��Subchapter D, Chapter 263, Family Code, is
�	amended by adding Section 263.3026 to read as follows:
�	�������Sec.�263.3026.��PERMANENCY GOALS; LIMITATION. (a) �The
�	department's permanency plan for a child may include as a goal:
�	�������������(1)��the reunification of the child with a parent or
�	other individual from whom the child was removed;
�	�������������(2)��the termination of parental rights and adoption of
�	the child by a relative or other suitable individual;
�	�������������(3)��the award of permanent managing conservatorship of
�	the child to a relative or other suitable individual; or
�	�������������(4)��another planned, permanent living arrangement for
�	the child.
�	�������(b)��If the goal of the department's permanency plan for a
�	child is to find another planned, permanent living arrangement for
�	the child, the department shall document that there is a compelling
�	reason why the other permanency goals identified in Subsection (a)
�	are not in the child's best interest.
�	�������SECTION�6.��Subsection (b), Section 263.303, 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, including the concurrent
�	permanency goals contained in that 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.
�	�������SECTION�7.��Subsection (b), Section 263.306, Family Code, is
�	amended to read as follows:
�	�������(b)��The court shall also review the service plan, permanency
�	report, and other information submitted at the hearing to:
�	�������������(1)��determine:
�	�������������������(A)��the safety of the child;
�	�������������������(B)��the continuing necessity and appropriateness
�	of the placement;
�	�������������������(C)��the extent of compliance with the case plan;
�	[and]
�	�������������������(D)��the extent of progress that has been made
�	toward alleviating or mitigating the causes necessitating the
�	placement of the child in foster care; and
�	�������������������(E)��whether the department has made reasonable
�	efforts to finalize the permanency plan that is in effect for the
�	child, including the concurrent permanency goals for the child; and
�	�������������(2)��project 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.
�	�������SECTION�8.��Subsection (b), Section 263.501, Family Code, is
�	amended to read as follows:
�	�������(b)��If the department has been named as a child's managing
�	conservator in a final order that terminates a parent's parental
�	rights, the court shall conduct a placement review hearing not
�	later than the 90th day after the date the court renders the final
�	order. The court shall conduct additional [a] placement review
�	hearings [hearing] at least once every six months until the date the
�	child is adopted or the child becomes an adult.
�	�������SECTION�9.��Section 263.502, Family Code, is amended by
�	amending Subsection (c) and adding Subsection (d) to read as
�	follows:
�	�������(c)��The placement review report must identify the
�	department's permanency goal for the child and 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 transition [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 being provided [available] through the
�	Transitional Living Services [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)��for a child for whom the department has been named
�	managing conservator in a final order that does not include
�	termination of parental rights, describe the efforts of the
�	department to find a permanent placement for the child, including
�	efforts to:
�	�������������������(A)��work with the caregiver with whom the child
�	is placed to determine whether that caregiver is willing to become a
�	permanent placement for the child;
�	�������������������(B)��locate a relative or other suitable
�	individual to serve as permanent managing conservator of the child;
�	and
�	�������������������(C)��evaluate any change in a parent's
�	circumstances to determine whether:
�	�������������������������(i)��the child can be returned to the parent;
�	or
�	�������������������������(ii)��parental rights should be terminated.
�	�������(d)��If the goal of the department's permanency plan for a
�	child is to find another planned, permanent living arrangement, the
�	placement review report must document a compelling reason why
�	adoption, permanent managing conservatorship with a relative or
�	other suitable individual, or returning the child to a parent are
�	not in the child's best interest.
�	�������SECTION�10.��Section 263.503, Family Code, is amended to
�	read as follows:
�	�������Sec.�263.503.��PLACEMENT REVIEW HEARINGS; PROCEDURE. �(a)��
�	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)��for a child for whom the department has been named
�	managing conservator in a final order that does not include
�	termination of parental rights, a permanent placement, including
�	appointing a relative as permanent managing conservator or
�	returning the child to a parent, is appropriate for the child;
�	�������������(7)��for a child whose permanency goal is another
�	planned, permanent living arrangement, the department has:
�	�������������������(A)��documented a compelling reason why adoption,
�	permanent managing conservatorship with a relative or other
�	suitable individual, or returning the child to a parent is not in
�	the child's best interest; and
�	�������������������(B)��identified a family or other caring adult who
�	has made a permanent commitment to the child; and
�	�������������(8)��the department or authorized agency has made
�	reasonable efforts to finalize the permanency plan that is in
�	effect for the child.
�	�������(b)��For a child for whom the department has been named
�	managing conservator in a final order that does not include
�	termination of parental rights, the court may order the department
�	to provide services to a parent for not more than six months after
�	the date of the placement review hearing if:
�	�������������(1)��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
�	�������������(2)��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.
�	�������SECTION�11.��The Texas Education Agency and the Department
�	of Family and Protective Services shall enter into the memorandum
�	of understanding required by Section 7.029, Education Code, as
�	added by this Act, not later than January 1, 2010.
�	�������SECTION�12.��(a)��The changes in law made by this Act to
�	Section 54.211, Education Code, apply beginning with tuition and
�	fees imposed by a public institution of higher education for the
�	2009 fall semester. Tuition and fees for a term or semester before
�	the 2009 fall semester are covered by the law in effect immediately
�	before the effective date of this Act, and the former law is
�	continued in effect for that purpose.
�	�������(b)��The change in law made by this Act to Subsection (b),
�	Section 263.501, Family Code, applies only to a child in the
�	conservatorship of the Department of Family and Protective Services
�	for whom a final order in a suit affecting the parent-child
�	relationship is rendered on or after the effective date of this Act.
�	A child in the conservatorship of the Department of Family and
�	Protective Services for whom a final order in a suit affecting the
�	parent-child relationship is rendered before the effective date of
�	this Act is governed by the law in effect on the date the final order
�	was rendered, and the former law is continued in effect for that
�	purpose.
�	�������SECTION�13.��Notwithstanding any other provision of this Act
�	providing an effective date of this Act, this section and the
�	section of this Act that amends Section 54.211, Education Code,
�	take effect immediately if this Act 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, those sections take effect
�	September 1, 2009.
�	�������SECTION�14.��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.
�
�
�
�
�
�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
�
�	�������I hereby certify that S.B.�No.�939 passed the Senate on
�	April�9,�2009, by the following vote: Yeas�31, Nays�0; and that
�	the Senate concurred in House amendment on May 30, 2009, by the
�	following vote: Yeas�31, Nays�0.
�
�
�	______________________________
�	Secretary of the Senate����
�
�	�������I hereby certify that S.B.�No.�939 passed the House, with
�	amendment, on May�27,�2009, by the following vote: Yeas�148,
�	Nays�0, one present not voting.
�
�
�	______________________________
�	Chief Clerk of the House���
�
�
�
�	Approved:
�
�	______________________________�
�	������������Date
�
�
�	______________________________�
�	����������Governor