Bill Text: TX HB4904 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the emancipation of certain children in the conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Human Services [HB4904 Detail]
Download: Texas-2023-HB4904-Introduced.html
By: Campos | H.B. No. 4904 |
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relating to the emancipation of certain 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. Chapter 31 of the Family Code is amended to add | ||
section 31.0011 to read as follows: | ||
31.0011 REMOVAL OF DISABILITIES OF MINORITY FOR A CHILD IN THE | ||
MANAGING CONSERVATORSHIP OF THE DEPARTMENT | ||
(a) Notwithstanding the requirements of section 31.001, the | ||
Department of Family and Protective Services may file a petition to | ||
have the disabilities of minority removed for a child in its | ||
conservatorship if the child: | ||
(1) is at least 17 years old; and | ||
(2) has refused services from the department for a | ||
sixty-day period prior to the filing of the petition; or | ||
(3) has been consistently absent from the child's | ||
placement, including an unlicensed setting for temporary emergency | ||
care under Section 264.107(g) for a sixty-day period prior to the | ||
filing of the petition. | ||
(b) The petition under this section must be accompanied by | ||
sworn affidavit describing the efforts made by the department to | ||
engage the child in services and return the child to the possession | ||
of the department. | ||
(c) An order removing the disabilities of minority under this | ||
section is for the limited purpose of beginning a period of trial | ||
independence pursuant to section 263.601 and other limited purposes | ||
ordered by the court. An order for the removal of the disabilities | ||
of minority for general purposes must meet the requirements of | ||
section 31.001. | ||
SECTION 2. Section 31.003 of the Family Code is amended to | ||
read as follows: | ||
(a) The petitioner shall file the petition in the county in | ||
which the petitioner resides. | ||
(b) A petition for emancipation of a child in the permanent | ||
managing conservatorship of the department under section 31.0011 | ||
shall be filed in the court of continuing exclusive jurisdiction. | ||
SECTION 3. Section 263.601 of the Family Code is amended to | ||
read as follows: | ||
(4) "Young adult" means a person who was in the | ||
conservatorship of the department on the day before the person's | ||
18th birthday or who had the disabilities of minority removed | ||
pursuant to section 31.0011. | ||
SECTION 4. Section 263.6015 of the Family Code is amended to | ||
read as follows: | ||
(a) A young adult is assigned trial independence status when | ||
the young adult: | ||
(1) does not enter extended foster care at the time of | ||
the young adult's 18th birthday or upon having the disabilities of | ||
minority removed pursuant to section 31.011; or | ||
(2) exits extended foster care before the young adult's | ||
21st birthday. | ||
(b) Except as provided by Subsection (c), a court order is | ||
not required for a young adult to be assigned trial independence | ||
status. Trial independence is mandatory for a period of at least | ||
six months beginning on: | ||
(1) the date of the young adult's 18th birthday for a | ||
young adult described by Subsection (a)(1); or | ||
(2) the date the young adult exits extended foster | ||
care. | ||
(b-1) Trial independence for a young adult who had the | ||
disabilities of minority removed pursuant to section 31.0011 is | ||
mandatory for a period beginning on the date the young adult's | ||
disabilities of minority were removed by court order and continue | ||
for a period of six months or until the young adult's 18th birthday, | ||
whichever date is later, unless the young adult is cooperating with | ||
the department and the court orders another six month of trial | ||
independence not to exceed one year as described in subsection(c). | ||
(c) A court may order trial independence status extended for | ||
a period that exceeds the mandatory period under Subsection (b) but | ||
does not exceed one year from the date the period under Subsection | ||
(b) commences. | ||
(d) Except as provided by Subsection (e), a young adult who | ||
enters or reenters extended foster care after a period of trial | ||
independence must complete a new period of trial independence as | ||
provided by Subsection (b)(2). | ||
(e) The trial independence status of a young adult ends on | ||
the young adult's 21st birthday. | ||
SECTION 5. This Act takes effect September 1, 2023. |