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A BILL TO BE ENTITLED
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AN ACT
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relating to policies and procedures regarding certain suits |
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affecting the parent-child relationship filed by the Department of |
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Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 161.001(d-1), (f), and (g), Family |
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Code, are amended to read as follows: |
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(d-1) The court may not order termination under Subsection |
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(b)(1)(M) unless the petition for the termination of the |
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parent-child relationship is filed not later than the first |
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anniversary of the date the department or an equivalent agency in |
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another state was granted permanent managing conservatorship of a |
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child in the case that resulted in the termination of the |
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parent-child relationship with respect to that child based on a |
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finding that the parent's conduct violated Subsection (b)(1)(D) or |
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(E) or substantially equivalent provisions of the law of another |
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state. |
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(f) In a suit for termination of the parent-child |
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relationship filed by the Department of Family and Protective |
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Services, the court may not order termination of the parent-child |
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relationship under Subsection (b)(1) unless the court finds by |
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clear and convincing evidence [and describes in writing with |
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specificity in a separate section of the order] that: |
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(1) the department made reasonable efforts to return |
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the child to the parent before commencement of a trial on the merits |
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and despite those reasonable efforts, a continuing danger remains |
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in the home that prevents the return of the child to the parent; or |
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(2) reasonable efforts to return the child to the |
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parent, including the requirement for the department to provide a |
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family service plan to the parent, have been waived under Section |
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262.2015. |
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(g) In a suit for termination of the parent-child |
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relationship filed by the Department of Family and Protective |
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Services in which the trier of fact found that the department made |
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reasonable efforts to return the child to the child's home but a |
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continuing danger in the home prevented the child's return, the |
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court shall include in a separate section of its order written |
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findings describing with specificity the reasonable efforts the |
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department made to return the child to the child's home. |
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SECTION 2. The heading to Subchapter D, Chapter 161, Family |
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Code, is amended to read as follows: |
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SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER [INVOLUNTARY] |
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TERMINATION |
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SECTION 3. Sections 161.302(a), (b), and (d), Family Code, |
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are amended to read as follows: |
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(a) The following persons may file a petition under this |
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subchapter requesting the court to reinstate the parental rights of |
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a former parent whose parental rights were [involuntarily] |
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terminated under Section 161.001, [or] 161.003, or 161.005: |
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(1) the department; |
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(2) the single source continuum contractor under |
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Subchapter B-1, Chapter 264, with responsibility for the child who |
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is the subject of the petition; |
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(3) the attorney ad litem for the child who is the |
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subject of the petition; or |
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(4) the former parent whose parental rights were |
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[involuntarily] terminated. |
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(b) A petition for the reinstatement of parental rights may |
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be filed under this subchapter only if: |
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(1) [the termination of parental rights resulted from |
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a suit filed by the department; |
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[(2)] at least two years have passed since the |
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issuance of the order terminating the former parent's parental |
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rights and an appeal of the order is not pending; |
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(2) [(3)] the child has not been adopted; |
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(3) [(4)] the child is not the subject of an adoption |
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placement agreement; and |
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(4) [(5)] the petitioner has provided the notice |
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required by Subsection (d), if the petitioner is the former parent |
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whose parental rights are sought to be reinstated. |
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(d) Before a former parent whose parental rights have been |
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[involuntarily] terminated may file a petition for reinstatement |
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under this subchapter, the former parent, at least 45 days before |
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the petition is filed, must notify the department of the former |
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parent's intent to file the petition. The commissioner shall |
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create a form to be used by a former parent for that notice that |
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includes the information listed in Subsection (c). A copy of the |
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notice must be filed with the petition. |
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SECTION 4. Subchapter C, Chapter 201, Family Code, is |
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amended by adding Section 201.2043 to read as follows: |
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Sec. 201.2043. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE |
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COMMUNICATION. (a) In this section, "remote communication" |
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includes teleconferencing, videoconferencing, and any similar |
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technology. |
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(b) Unless a party or an attorney ad litem for a child files |
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a written objection and except as provided by Subsection (d), an |
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associate judge appointed under this subchapter may conduct a |
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proceeding or perform a judicial action authorized under Section |
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201.204 from any location in this state using remote communication. |
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(c) Except as provided by Subsection (d), an associate judge |
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appointed under this subchapter may require or authorize a party to |
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participate in a proceeding authorized under Section 201.204 using |
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a method of remote communication available to the party. |
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(d) A respondent is entitled to appear in person at a final |
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hearing that may result in the termination of the respondent's |
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parental rights under Chapter 161 or the award of permanent |
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managing conservatorship of the respondent's child to the |
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department. The respondent may waive the right to appear in person |
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at the hearing in writing or on the record. Unless the respondent |
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waives that right, the associate judge must also appear at the |
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hearing in person. |
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SECTION 5. Section 263.306(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) At each permanency hearing before a final order is |
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rendered, the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
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agency in: |
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(A) locating and requesting service of citation |
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on all persons entitled to service of citation under Section |
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102.009; and |
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(B) obtaining the assistance of a parent in |
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providing information necessary to locate an absent parent, alleged |
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father, relative of the child, or other adult identified by the |
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child as a potential relative or designated caregiver; |
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(3) ask all parties present whether the child or the |
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child's family has a Native American heritage and identify any |
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Native American tribe with which the child may be associated; |
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(4) review the extent of the parties' compliance with |
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temporary orders and the service plan and the extent to which |
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progress has been made toward alleviating or mitigating the causes |
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necessitating the placement of the child in foster care; |
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(5) review the permanency progress report to |
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determine: |
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(A) the safety and well-being of the child and |
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whether the child's needs, including any medical or special needs, |
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are being adequately addressed; |
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(B) the continuing necessity and appropriateness |
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of the placement of the child, including with respect to a child who |
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has been placed outside of this state, whether the placement |
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continues to be in the best interest of the child; |
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(C) the appropriateness of the primary and |
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alternative permanency goals for the child developed in accordance |
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with department rule and whether the department has made reasonable |
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efforts to finalize the permanency plan, including the concurrent |
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permanency goals, in effect for the child; |
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(D) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to express |
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the child's opinion on any medical care provided; |
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(E) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to identify |
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any adults, particularly an adult residing in the child's |
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community, who could be a relative or designated caregiver for the |
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child; |
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(F) for a child receiving psychotropic |
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medication, whether the child: |
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(i) has been provided appropriate |
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nonpharmacological interventions, therapies, or strategies to meet |
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the child's needs; or |
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(ii) has been seen by the prescribing |
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physician, physician assistant, or advanced practice nurse at least |
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once every 90 days; |
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(G) whether an education decision-maker for the |
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child has been identified, the child's education needs and goals |
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have been identified and addressed, and there have been major |
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changes in the child's school performance or there have been |
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serious disciplinary events; |
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(H) for a child 14 years of age or older, whether |
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services that are needed to assist the child in transitioning from |
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substitute care to independent living are available in the child's |
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community; |
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(I) for a child whose permanency goal is another |
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planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; |
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(ii) whether, as of the date of the hearing, |
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another planned permanent living arrangement is the best permanency |
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plan for the child and, if so, provide compelling reasons why it |
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continues to not be in the best interest of the child to: |
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(a) return home; |
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(b) be placed for adoption; |
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(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
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relative; |
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(iii) whether the department has conducted |
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an independent living skills assessment under Section |
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264.121(a-3); |
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(iv) whether the department has addressed |
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the goals identified in the child's permanency plan, including the |
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child's housing plan, and the results of the independent living |
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skills assessment; |
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(v) if the youth is 16 years of age or |
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older, whether there is evidence that the department has provided |
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the youth with the documents and information listed in Section |
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264.121(e); and |
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(vi) if the youth is 18 years of age or |
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older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
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the documents and information listed in Section 264.121(e-1); |
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(J) based on the court's determination under |
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Section 263.002, whether continued placement is appropriate if the |
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child is placed in a residential treatment center; and |
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(K) based on the court's determination under |
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Section 263.00201, whether continued placement is appropriate if |
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the child is placed in a qualified residential treatment program; |
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(6) determine whether to return the child to the |
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child's parents in accordance with Section 263.002(c) [if the |
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child's parents are willing and able to provide the child with a |
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safe environment and the return of the child is in the child's best |
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interest]; |
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(7) estimate a likely date by which the child may be |
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returned to and safely maintained in the child's home, placed for |
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adoption, or placed in permanent managing conservatorship; and |
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(8) announce in open court the dismissal date and the |
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date of any upcoming hearings. |
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SECTION 6. Sections 264.203(q), (r), and (s), Family Code, |
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are amended to read as follows: |
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(q) An order rendered under this section expires on the |
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180th day after the date the order is rendered [signed] unless the |
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court extends the order as provided by Subsection (r) or (s). |
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(r) The court may extend an order rendered under this |
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section on a showing by any party [the department] of a continuing |
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need for the order, after notice and hearing. Except as provided by |
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Subsection (s), the court may extend the order only one time for not |
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more than 180 days. |
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(s) The court may extend an order rendered under this |
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section for not more than an additional 180 days only if[: |
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[(1)] the court finds that: |
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(1) [(A)] the extension is necessary to allow the |
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person required to participate in services under the plan of |
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service time to complete those services; |
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(2) [(B)] the department made a good faith effort to |
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timely provide the services to the person; |
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(3) [(C)] the person made a good faith effort to |
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complete the services; and |
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(4) [(D)] the completion of the services is necessary |
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to ensure the physical health and safety of the child [; and |
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[(2) the extension is requested by the person or the |
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person's attorney]. |
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SECTION 7. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship that is filed on or |
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after the effective date of this Act. A suit filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the suit is filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 8. The change in law made by Section 201.2043, |
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Family Code, as added by this Act applies only to a proceeding |
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conducted or judicial action performed on or after the effective |
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date of this Act. |
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SECTION 9. This Act takes effect September 1, 2025. |