89R5884 MM-D
 
  By: Zaffirini S.B. No. 2014
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to policies and procedures regarding certain suits
  affecting the parent-child relationship filed by the Department of
  Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 161.001(d-1), (f), and (g), Family
  Code, are amended to read as follows:
         (d-1)  The court may not order termination under Subsection
  (b)(1)(M) unless the petition for the termination of the
  parent-child relationship is filed not later than the first
  anniversary of the date the department or an equivalent agency in
  another state was granted permanent managing conservatorship of a
  child in the case that resulted in the termination of the
  parent-child relationship with respect to that child based on a
  finding that the parent's conduct violated Subsection (b)(1)(D) or
  (E) or substantially equivalent provisions of the law of another
  state.
         (f)  In a suit for termination of the parent-child
  relationship filed by the Department of Family and Protective
  Services, the court may not order termination of the parent-child
  relationship under Subsection (b)(1) unless the court finds by
  clear and convincing evidence [and describes in writing with
  specificity in a separate section of the order] that:
               (1)  the department made reasonable efforts to return
  the child to the parent before commencement of a trial on the merits
  and despite those reasonable efforts, a continuing danger remains
  in the home that prevents the return of the child to the parent; or
               (2)  reasonable efforts to return the child to the
  parent, including the requirement for the department to provide a
  family service plan to the parent, have been waived under Section
  262.2015.
         (g)  In a suit for termination of the parent-child
  relationship filed by the Department of Family and Protective
  Services in which the trier of fact found that the department made
  reasonable efforts to return the child to the child's home but a
  continuing danger in the home prevented the child's return, the
  court shall include in a separate section of its order written
  findings describing with specificity the reasonable efforts the
  department made to return the child to the child's home.
         SECTION 2.  The heading to Subchapter D, Chapter 161, Family
  Code, is amended to read as follows:
  SUBCHAPTER D.  REINSTATEMENT OF PARENTAL RIGHTS AFTER [INVOLUNTARY]
  TERMINATION
         SECTION 3.  Sections 161.302(a), (b), and (d), Family Code,
  are amended to read as follows:
         (a)  The following persons may file a petition under this
  subchapter requesting the court to reinstate the parental rights of
  a former parent whose parental rights were [involuntarily]
  terminated under Section 161.001, [or] 161.003, or 161.005:
               (1)  the department;
               (2)  the single source continuum contractor under
  Subchapter B-1, Chapter 264, with responsibility for the child who
  is the subject of the petition;
               (3)  the attorney ad litem for the child who is the
  subject of the petition; or
               (4)  the former parent whose parental rights were
  [involuntarily] terminated.
         (b)  A petition for the reinstatement of parental rights may
  be filed under this subchapter only if:
               (1)  [the termination of parental rights resulted from
  a suit filed by the department;
               [(2)]  at least two years have passed since the
  issuance of the order terminating the former parent's parental
  rights and an appeal of the order is not pending;
               (2) [(3)]  the child has not been adopted;
               (3) [(4)]  the child is not the subject of an adoption
  placement agreement; and
               (4) [(5)]  the petitioner has provided the notice
  required by Subsection (d), if the petitioner is the former parent
  whose parental rights are sought to be reinstated.
         (d)  Before a former parent whose parental rights have been
  [involuntarily] terminated may file a petition for reinstatement
  under this subchapter, the former parent, at least 45 days before
  the petition is filed, must notify the department of the former
  parent's intent to file the petition.  The commissioner shall
  create a form to be used by a former parent for that notice that
  includes the information listed in Subsection (c).  A copy of the
  notice must be filed with the petition.
         SECTION 4.  Subchapter C, Chapter 201, Family Code, is
  amended by adding Section 201.2043 to read as follows:
         Sec. 201.2043.  PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE
  COMMUNICATION. (a) In this section, "remote communication"
  includes teleconferencing, videoconferencing, and any similar
  technology.
         (b)  Unless a party or an attorney ad litem for a child files
  a written objection and except as provided by Subsection (d), an
  associate judge appointed under this subchapter may conduct a
  proceeding or perform a judicial action authorized under Section
  201.204 from any location in this state using remote communication.
         (c)  Except as provided by Subsection (d), an associate judge
  appointed under this subchapter may require or authorize a party to
  participate in a proceeding authorized under Section 201.204 using
  a method of remote communication available to the party.
         (d)  A respondent is entitled to appear in person at a final
  hearing that may result in the termination of the respondent's
  parental rights under Chapter 161 or the award of permanent
  managing conservatorship of the respondent's child to the
  department. The respondent may waive the right to appear in person
  at the hearing in writing or on the record. Unless the respondent
  waives that right, the associate judge must also appear at the
  hearing in person.
         SECTION 5.  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;
                     (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 in accordance with Section 263.002(c) [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 6.  Sections 264.203(q), (r), and (s), Family Code,
  are amended to read as follows:
         (q)  An order rendered under this section expires on the
  180th day after the date the order is rendered [signed] unless the
  court extends the order as provided by Subsection (r) or (s).
         (r)  The court may extend an order rendered under this
  section on a showing by any party [the department] of a continuing
  need for the order, after notice and hearing.  Except as provided by
  Subsection (s), the court may extend the order only one time for not
  more than 180 days.
         (s)  The court may extend an order rendered under this
  section for not more than an additional 180 days only if[:
               [(1)]  the court finds that:
               (1) [(A)]  the extension is necessary to allow the
  person required to participate in services under the plan of
  service time to complete those services;
               (2) [(B)]  the department made a good faith effort to
  timely provide the services to the person;
               (3) [(C)]  the person made a good faith effort to
  complete the services; and
               (4) [(D)]  the completion of the services is necessary
  to ensure the physical health and safety of the child [; and
               [(2)  the extension is requested by the person or the
  person's attorney].
         SECTION 7.  The changes in law made by this Act apply only to
  a suit affecting the parent-child relationship that is filed on or
  after the effective date of this Act.  A suit filed before the
  effective date of this Act is governed by the law in effect on the
  date the suit is filed, and the former law is continued in effect
  for that purpose.
         SECTION 8.  The change in law made by Section 201.2043,
  Family Code, as added by this Act applies only to a proceeding
  conducted or judicial action performed on or after the effective
  date of this Act.
         SECTION 9.  This Act takes effect September 1, 2025.