88R22806 MLH-D
 
  By: Campos, Garcia, Plesa H.B. No. 1972
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to policies and procedures regarding children placed by
  the Department of Family and Protective Services in a residential
  treatment center or program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 263.001(a), Family Code, is amended by
  adding Subdivision (5) to read as follows:
               (5)  "Residential treatment center" means a general
  residential operation licensed under Chapter 42, Human Resources
  Code, that provides treatment services.
         SECTION 2.  Section 263.002, Family Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  If a child is placed in a residential treatment center,
  or if a child is referred to and awaiting placement in a residential
  treatment center, the court shall determine whether:
               (1)  the child's needs can be met through placement in a
  family-like setting;
               (2)  the recommended or existing program can provide
  the most effective and appropriate level of care for the child;
               (3)  the recommended or existing program is the least
  restrictive setting consistent with the child's best interest and
  individual needs; and
               (4)  the placement is consistent with the short-term
  and long-term goals for the child, as specified by the child's
  permanency plan.
         (f)  In making a determination under Subsection (e), the
  court may consider:
               (1)  psychological or psychiatric assessments;
               (2)  the child's current treatment plan and progress
  being made;
               (3)  any significant medical, legal, or behavioral
  incidents involving the child;
               (4)  the reasons for the child's discharge from any
  previous placement or the child's current placement;
               (5)  the programs available at the facility to address
  the child's needs;
               (6)  the program's plan to discharge the child after
  treatment;
               (7)  whether there are other programs that more
  effectively meet the child's needs; and
               (8)  any other information that would assist the court
  in making the determination.
         SECTION 3.  Section 263.202(b), Family Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subchapter, a
  status hearing shall be limited to matters related to the contents
  and execution of the service plan filed with the court. The court
  shall review the service plan that the department filed under this
  chapter for reasonableness, accuracy, and compliance with
  requirements of court orders and make findings as to whether:
               (1)  a plan that has the goal of returning the child to
  the child's parents adequately ensures that reasonable efforts are
  made to enable the child's parents to provide a safe environment for
  the child;
               (2)  the child's parents have reviewed and understand
  the plan and have been advised that unless the parents are willing
  and able to provide the child with a safe environment, even with the
  assistance of a service plan, within the reasonable period of time
  specified in the plan, the parents' parental and custodial duties
  and rights may be subject to restriction or to termination under
  this code or the child may not be returned to the parents;
               (3)  the plan is narrowly tailored to address any
  specific issues identified by the department; [and]
               (4)  the child's parents and the representative of the
  department have signed the plan;
               (5)  based on the court's determination under Section
  263.002, continued placement is appropriate if the child is placed
  in a residential treatment center; and
               (6)  based on the court's determination under Section
  263.00201, continued placement is appropriate if the child is
  placed in a qualified residential treatment program.
         SECTION 4.  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, relative of the child, or other adult identified by the
  child as a potential relative or designated caregiver;
               (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)  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)  whether the child has been provided the
  opportunity, in a developmentally appropriate manner, to identify
  any adults, particularly an adult residing in the child's
  community, who could be a relative or designated caregiver for the
  child;
                     (F)  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;
                     (G)  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;
                     (H)  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]
                     (I)  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);
                     (J)  based on the court's determination under
  Section 263.002, whether continued placement is appropriate if the
  child is placed in a residential treatment center; and
                     (K)  based on the court's determination under
  Section 263.00201, whether continued placement is appropriate if
  the child is placed in a qualified residential treatment program;
               (6)  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)  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)  announce in open court the dismissal date and the
  date of any upcoming hearings.
         SECTION 5.  Section 263.5031(a), Family Code, is amended to
  read as follows:
         (a)  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;
               (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 child has been provided the
  opportunity, in a developmentally appropriate manner, to identify
  any adult, particularly an adult residing in the child's community,
  who could be a relative or designated caregiver for the child;
                     (C)  whether the department placed the child with
  a relative or 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;
                     (D)  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;
                     (E)  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;
                     (F)  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);
                     (G)  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;
                     (H)  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;
                     (I)  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;
                     (J)  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;
                     (K)  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]
                     (L)  whether the department has identified a
  family or other caring adult who has made a permanent commitment to
  the child;
                     (M)  based on the court's determination under
  Section 263.002, whether continued placement is appropriate if the
  child is placed in a residential treatment center; and
                     (N)  based on the court's determination under
  Section 263.00201, whether continued placement is appropriate if
  the child is placed in a qualified residential treatment program.
         SECTION 6.  This Act takes effect September 1, 2023.