By: Wu, Raymond, Davis of Harris, Rose, H.B. No. 7       Zerwas, et al.     A BILL TO BE ENTITLED   AN ACT   relating to child protective services suits, motions, and services   by the Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 58.0052, Family Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  In addition to the information provided under   Subsection (b), the Department of Family and Protective Services   and the Texas Juvenile Justice Department shall coordinate and   develop protocols for sharing with each other, on request, any   other information relating to a multi-system youth necessary to:                (1)  identify and coordinate the provision of services   to the youth and prevent duplication of services;                (2)  enhance rehabilitation of the youth; and                (3)  improve and maintain community safety.          SECTION 2.  Section 102.004, Family Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  An original suit requesting possessory conservatorship   may not be filed by a grandparent or other person. However, the   court may grant a grandparent or other person, subject to the   requirements of Subsection (b-1) if applicable, deemed by the court   to have had substantial past contact with the child leave to   intervene in a pending suit filed by a person authorized to do so   under this chapter [subchapter] if there is satisfactory proof to   the court that appointment of a parent as a sole managing   conservator or both parents as joint managing conservators would   significantly impair the child's physical health or emotional   development.          (b-1)  A foster parent may only be granted leave to intervene   under Subsection (b) if the foster parent would have standing to   file an original suit as provided by Section 102.003(a)(12).          SECTION 3.  Section 105.002, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  The Department of Family and Protective Services in   collaboration with interested parties, including the Permanent   Judicial Commission for Children, Youth and Families, shall review   the form of jury submissions in this state and make recommendations   to the legislature not later than December 31, 2017, regarding   whether broad-form or specific jury questions should be required in   suits affecting the parent-child relationship filed by the   department.  This subsection expires September 1, 2019.          SECTION 4.  Sections 107.002(b) and (c), Family Code, are   amended to read as follows:          (b)  A guardian ad litem appointed for the child under this   chapter shall:                (1)  within a reasonable time after the appointment,   interview:                      (A)  the child in a developmentally appropriate   manner, if the child is four years of age or older;                      (B)  each person who has significant knowledge of   the child's history and condition, including educators, child   welfare service providers, and any foster parent of the child; and                      (C)  the parties to the suit;                (2)  seek to elicit in a developmentally appropriate   manner the child's expressed objectives;                (3)  consider the child's expressed objectives without   being bound by those objectives;                (4)  encourage settlement and the use of alternative   forms of dispute resolution; and                (5)  perform any specific task directed by the court.          (c)  A guardian ad litem appointed for the child under this   chapter is entitled to:                (1)  receive a copy of each pleading or other paper   filed with the court in the case in which the guardian ad litem is   appointed;                (2)  receive notice of each hearing in the case;                (3)  participate in case staffings by the Department of   Family and Protective Services concerning the child;                (4)  attend all legal proceedings in the case but may   not call or question a witness or otherwise provide legal services   unless the guardian ad litem is a licensed attorney who has been   appointed in the dual role;                (5)  review and sign, or decline to sign, an agreed   order affecting the child; [and]                (6)  explain the basis for the guardian ad litem's   opposition to the agreed order if the guardian ad litem does not   agree to the terms of a proposed order;                (7)  have access to the child in the child's placement;                (8)  be consulted and provide comments on decisions   regarding placement, including kinship, foster care, and adoptive   placements;                (9)  receive notification regarding and an invitation   to attend meetings related to the child's service plan and a copy of   the plan; and                (10)  attend court-ordered mediation regarding the   child's case.          SECTION 5.  Section 107.004, Family Code, is amended by   adding Subsection (d-3) to read as follows:          (d-3)  An attorney ad litem appointed to represent a child in   the managing conservatorship of the Department of Family and   Protective Services shall periodically continue to review the   child's safety and well-being, including any effects of trauma to   the child, and take appropriate action, including requesting a   review hearing when necessary to address an issue of concern.          SECTION 6.  Section 107.016, Family Code, is amended to read   as follows:          Sec. 107.016.  CONTINUED REPRESENTATION; DURATION OF   APPOINTMENT. In a suit filed by a governmental entity in which   termination of the parent-child relationship or appointment of the   entity as conservator of the child is requested:                (1)  an order appointing the Department of Family and   Protective Services as the child's managing conservator may provide   for the continuation of the appointment of the guardian ad litem [or   attorney ad litem] for the child for any period during the time the   child remains in the conservatorship of the department, as set by   the court; [and]                (2)  subject to Section 263.4042, an order appointing   the Department of Family and Protective Services as the child's   managing conservator shall provide for the continuation of the   appointment of the attorney ad litem for the child as long as the   child remains in the conservatorship of the department; and                (3)  an attorney appointed under this subchapter to   serve as an attorney ad litem for a parent or an alleged father   continues to serve in that capacity until the earliest of:                      (A)  the date the suit affecting the parent-child   relationship is dismissed;                      (B)  the date all appeals in relation to any final   order terminating parental rights are exhausted or waived; or                      (C)  the date the attorney is relieved of the   attorney's duties or replaced by another attorney after a finding   of good cause is rendered by the court on the record.          SECTION 7.  Section 154.001(b), Family Code, is amended to   read as follows:          (b)  Unless a court has determined a parent is indigent, the   [The] court may order either or both parents to make periodic   payments for the support of a child in a proceeding in which the   Department of Family and Protective [and Regulatory] Services is   named [temporary] managing conservator.  [In a proceeding in which   the Department of Protective and Regulatory Services is named   permanent managing conservator of a child whose parents' rights   have not been terminated, the court shall order each parent that is   financially able to make periodic payments for the support of the   child.]          SECTION 8.  Section 155.201, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  On receiving notice that a court exercising   jurisdiction under Chapter 262 has ordered the transfer of a suit   under Section 262.203(a)(2), the court of continuing, exclusive   jurisdiction shall, pursuant to the requirements of Section   155.204(i), transfer the proceedings to the court in which the suit   under Chapter 262 is pending.          SECTION 9.  Section 155.204(i), Family Code, is amended to   read as follows:          (i)  If a transfer order has been signed by a court   exercising jurisdiction under Chapter 262, the Department of Family   and Protective Services shall [a party may] file the transfer order   with the clerk of the court of continuing, exclusive jurisdiction.     On receipt and without a hearing or further order from the court of   continuing, exclusive jurisdiction, the clerk of the court of   continuing, exclusive jurisdiction shall transfer the files as   provided by this subchapter.          SECTION 10.  (a) Section 161.001, Family Code, is amended by   adding Subsections (c), (d), and (e) to read as follows:          (c)  A court may not make a finding under Subsection (b) and   order termination of the parent-child relationship based on   evidence that the parent:                (1)  homeschooled the child;                (2)  is economically disadvantaged;                (3)  engaged in reasonable discipline of the child; or                (4)  has been charged with a nonviolent misdemeanor   offense other than:                      (A)  an offense under Title 5, Penal Code;                      (B)  an offense under Title 6, Penal Code; or                      (C)  an offense that involves family violence, as   defined by Section 71.004 of this code;                (5)  provided or administered:                      (A)  medical cannabis to a child for whom the   medical cannabis was recommended under Chapter 169, Occupations   Code; or                      (B)  a product that contains THC to a child, if the   parent believes that the provision or administration of the product   is in the best interest of the child, and the child meets the   requirements of Sections 169.003(1) and (2), Occupations Code; or                (6)  declined immunization for the child for reasons of   conscience, including a religious belief.          (d)  A court may not order termination under Subsection   (b)(1)(O) based on the failure by the parent to comply with a   specific provision of a court order if a parent proves by a   preponderance of evidence that:                (1)  the parent was unable to comply with specific   provisions of the court order; and                 (2)  the parent made a good faith effort to comply with   the order and the failure to comply with the order is not   attributable to any fault of the parent.          (e)  This section does not prohibit the Department of Family   and Protective Services from offering evidence described by   Subsection (c) as part of an action to terminate the parent-child   relationship under this subchapter.          (b)  This section takes effect only if H.B. No. 2107, Acts of   the 85th Legislature, Regular Session, 2017, or similar legislation   authorizing the use of medical cannabis is enacted and becomes law.   If H.B. No. 2107, Acts of the 85th Legislature, Regular Session,   2017, or similar legislation authorizing the use of medical   cannabis is not enacted or does not become law, this section has no   effect.          SECTION 11.  (a) Section 161.001, Family Code, is amended by   adding Subsections (c), (d), and (e) to read as follows:          (c)  A court may not make a finding under Subsection (b) and   order termination of the parent-child relationship based on   evidence that the parent:                (1)  homeschooled the child;                (2)  is economically disadvantaged;                (3)  engaged in reasonable discipline of the child;                (4)  has been charged with a nonviolent misdemeanor   offense other than:                      (A)  an offense under Title 5, Penal Code;                      (B)  an offense under Title 6, Penal Code; or                      (C)  an offense that involves family violence, as   defined by Section 71.004 of this code;                (5)  provided or administered low-THC cannabis to a   child for whom the low-THC cannabis was prescribed under Chapter   169, Occupations Code; or                (6)  declined immunization for the child for reasons of   conscience, including a religious belief.          (d)  A court may not order termination under Subsection   (b)(1)(O) based on the failure by the parent to comply with a   specific provision of a court order if a parent proves by a   preponderance of evidence that:                (1)  the parent was unable to comply with specific   provisions of the court order; and                 (2)  the parent made a good faith effort to comply with   the order and the failure to comply with the order is not   attributable to any fault of the parent.          (e)  This section does not prohibit the Department of Family   and Protective Services from offering evidence described by   Subsection (c) as part of an action to terminate the parent-child   relationship under this subchapter.          (b)  This section takes effect only if H.B. No. 2107, Acts of   the 85th Legislature, Regular Session, 2017, or similar legislation   authorizing the use of medical cannabis is not enacted or does not   become law. If H.B. No. 2107, Acts of the 85th Legislature, Regular   Session, 2017, or similar legislation authorizing the use of   medical cannabis is enacted and becomes law, this section has no   effect.          SECTION 12.  Section 161.206, Family Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  In a suit filed by the Department of Family and   Protective Services seeking termination of the parent-child   relationship for more than one parent of the child, the court may   order termination of the parent-child relationship for a parent   only if the court finds by clear and convincing evidence grounds for   the termination of the parent-child relationship for that parent.          SECTION 13.  Chapter 261, Family Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT          Sec. 261.501.  FILING APPLICATION FOR PROTECTIVE ORDER IN   CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an   application for a protective order for a child's protection under   this subchapter on the department's own initiative or jointly with   a parent, relative, or caregiver of the child who requests the   filing of the application if the department:                (1)  has temporary managing conservatorship of the   child;                (2)  determines that:                      (A)  the child:                            (i)  is a victim of abuse or neglect; or                            (ii)  has a history of being abused or   neglected; and                      (B)  there is a threat of:                            (i)  immediate or continued abuse or neglect   to the child;                            (ii)  someone illegally taking the child   from the home in which the child is placed;                            (iii)  behavior that poses a threat to the   caregiver with whom the child is placed; or                            (iv)  someone committing an act of violence   against the child or the child's caregiver; and                (3)  is not otherwise authorized to apply for a   protective order for the child's protection under Chapter 82.          Sec. 261.502.  CERTIFICATION OF FINDINGS. (a) In making the   application under this subchapter, the department must certify   that:                (1)  the department has diligently searched for and:                      (A)  was unable to locate the child's parent,   legal guardian, or custodian, other than the respondent to the   application; or                      (B)  located and provided notice of the proposed   application to the child's parent, legal guardian, or custodian,   other than the respondent to the application; and                (2)  if applicable, the relative or caregiver who is   jointly filing the petition, or with whom the child would reside   following an entry of the protective order, has not abused or   neglected the child and does not have a history of abuse or neglect.          (b)  An application for a temporary ex parte order under   Section 261.503 may be filed without making the findings required   by Subsection (a) if the department certifies that the department   believes that there is an immediate danger of abuse or neglect to   the child.          Sec. 261.503.  TEMPORARY EX PARTE ORDER. If the court finds   from the information contained in an application for a protective   order that there is an immediate danger of abuse or neglect to the   child, the court, without further notice to the respondent and   without a hearing, may enter a temporary ex parte order for the   protection of the child.          Sec. 261.504.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE   ORDER. (a) At the close of a hearing on an application for a   protective order under this subchapter, the court shall find   whether there are reasonable grounds to believe that:                (1)  the child:                      (A)  is a victim of abuse or neglect; or                      (B)  has a history of being abused or neglected;   and                (2)  there is a threat of:                      (A)  immediate or continued abuse or neglect to   the child;                      (B)  someone illegally taking the child from the   home in which the child is placed;                      (C)  behavior that poses a threat to the caregiver   with whom the child is placed; or                      (D)  someone committing an act of violence against   the child or the child's caregiver.          (b)  If the court makes an affirmative finding under   Subsection (a), the court shall issue a protective order that   includes a statement of that finding.          Sec. 261.505.  APPLICATION OF OTHER LAW. To the extent   applicable, except as otherwise provided by this subchapter, Title   4 applies to a protective order issued under this subchapter.          SECTION 14.  Subchapter A, Chapter 262, Family Code, is   amended by adding Section 262.0022 to read as follows:          Sec. 262.0022.  REVIEW OF PLACEMENT; FINDINGS. At each   hearing under this chapter, the court shall review the placement of   each child in the temporary or permanent managing conservatorship   of the Department of Family and Protective Services who is not   placed with a relative caregiver or designated caregiver as defined   by Section 264.751. The court shall include in its findings a   statement on whether the department has the option of placing the   child with a relative or other designated caregiver.          SECTION 15.  Subchapter A, Chapter 262, Family Code, is   amended by adding Sections 262.013 and 262.014 to read as follows:          Sec. 262.013.  VOLUNTARY TEMPORARY MANAGING   CONSERVATORSHIP. In a suit affecting the parent-child relationship   filed by the Department of Family and Protective Services, the   existence of a parent's voluntary agreement to temporarily place   the parent's child in the managing conservatorship of the   Department of Family and Protective Services is not an admission by   the parent that the parent engaged in conduct that endangered the   child.          Sec. 262.014.  DISCLOSURE OF CERTAIN EVIDENCE.  On the   request of the attorney for a parent who is a party in a suit   affecting the parent-child relationship filed under this chapter,   or the attorney ad litem for the parent's child, the Department of   Family and Protective Services shall, before the full adversary   hearing, provide:                (1)  the name of any person, excluding a department   employee, who the department will call as a witness to any of the   allegations contained in the petition filed by the department;                (2)  a copy of any offense report relating to the   allegations contained in the petition filed by the department that   will be used in court to refresh a witness's memory; and                (3)  a copy of any photograph, video, or recording that   will be presented as evidence.          SECTION 16.  Section 262.113, Family Code, is amended to   read as follows:          Sec. 262.113.  FILING SUIT WITHOUT TAKING POSSESSION OF   CHILD. An original suit filed by a governmental entity that   requests to take possession of a child after notice and a hearing   must be supported by an affidavit sworn to by a person with personal   knowledge and stating facts sufficient to satisfy a person of   ordinary prudence and caution that:                (1)  there is a continuing danger to the physical   health or safety of the child caused by an act or failure to act of   the person entitled to possession of the child and that allowing the   child to remain in the home would be contrary to the child's   welfare; and                (2)  reasonable efforts, consistent with the   circumstances and providing for the safety of the child, have been   made to prevent or eliminate the need to remove the child from the   child's home[; and                [(2)     allowing the child to remain in the home would be   contrary to the child's welfare].          SECTION 17.  (a) Subchapter B, Chapter 262, Family Code, is   amended by adding Section 262.116 to read as follows:          Sec. 262.116.  LIMITS ON REMOVAL. (a) The Department of   Family and Protective Services may not take possession of a child   under this subchapter based on evidence that the parent:                (1)  homeschooled the child;                (2)  is economically disadvantaged;                (3)  engaged in reasonable discipline of the child;                 (4)  has been charged with a nonviolent misdemeanor   offense other than:                      (A)  an offense under Title 5, Penal Code;                      (B)  an offense under Title 6, Penal Code; or                      (C)  an offense that involves family violence, as   defined by Section 71.004 of this code;                 (5)  provided or administered:                      (A)  medical cannabis to a child for whom the   medical cannabis was recommended under Chapter 169, Occupations   Code; or                      (B)  a product that contains THC to a child, if the   parent believes that the provision or administration of the product   is in the best interest of the child, and the child meets the   requirements of Sections 169.003(1) and (2), Occupations Code; or                (6)  declined immunization for the child for reasons of   conscience, including a religious belief.          (b)  The department shall train child protective services   caseworkers regarding the prohibitions on removal provided under   Subsection (a).          (c)  The executive commissioner of the Health and Human   Services Commission may adopt rules to implement this section.          (d)  This section does not prohibit the department from   offering evidence described by Subsection (a) as part of an action   to take possession of a child under this subchapter.          (b)  This section takes effect only if H.B. No. 2107, Acts of   the 85th Legislature, Regular Session, 2017, or similar legislation   authorizing the use of medical cannabis is enacted and becomes law.   If H.B. No. 2107, Acts of the 85th Legislature, Regular Session,   2017, or similar legislation authorizing the use of medical   cannabis is not enacted or does not become law, this section has no   effect.          SECTION 18.  (a) Subchapter B, Chapter 262, Family Code, is   amended by adding Section 262.116 to read as follows:          Sec. 262.116.  LIMITS ON REMOVAL. (a) The Department of   Family and Protective Services may not take possession of a child   under this subchapter based on evidence that the parent:                (1)  homeschooled the child;                (2)  is economically disadvantaged;                (3)  engaged in reasonable discipline of the child;                 (4)  has been charged with a nonviolent misdemeanor   offense other than:                      (A)  an offense under Title 5, Penal Code;                      (B)  an offense under Title 6, Penal Code; or                      (C)  an offense that involves family violence, as   defined by Section 71.004 of this code;                 (5)  provided or administered low-THC cannabis to a   child for whom the low-THC cannabis was prescribed under Chapter   169, Occupations Code; or                (6)  declined immunization for the child for reasons of   conscience, including a religious belief.          (b)  The department shall train child protective services   caseworkers regarding the prohibitions on removal provided under   Subsection (a).          (c)  The executive commissioner of the Health and Human   Services Commission may adopt rules to implement this section.          (d)  This section does not prohibit the department from   offering evidence described by Subsection (a) as part of an action   to take possession of a child under this subchapter.          (b)  This section takes effect only if H.B. No. 2107, Acts of   the 85th Legislature, Regular Session, 2017, or similar legislation   authorizing the use of medical cannabis is not enacted or does not   become law. If H.B. No. 2107, Acts of the 85th Legislature, Regular   Session, 2017, or similar legislation authorizing the use of   medical cannabis is enacted and becomes law, this section has no   effect.          SECTION 19.  Section 262.201, Family Code, is amended by   adding Subsection (a-5) to read as follows:          (a-5)  If a parent who is not indigent appears in opposition   to the suit, the court may, for good cause shown, postpone the full   adversary hearing for not more than seven days from the date of the   parent's appearance to allow the parent to hire an attorney or to   provide the parent's attorney time to respond to the petition and   prepare for the hearing.  A postponement under this subsection is   subject to the limits and requirements prescribed by Subsection   (a-3).          SECTION 20.  Section 262.203(a), Family Code, is amended to   read as follows:          (a)  On the motion of a party or the court's own motion, if   applicable, the court that rendered the temporary order shall in   accordance with procedures provided by Chapter 155:                (1)  transfer the suit to the court of continuing,   exclusive jurisdiction, if any, if the court finds that the   transfer is:                      (A)  necessary for the convenience of the parties;   and                      (B)  in the best interest of the child;                (2)  [if grounds exist for mandatory transfer from the   court of continuing, exclusive jurisdiction under Section   155.201,] order transfer of the suit from the [that] court of   continuing, exclusive jurisdiction; or                (3)  if grounds exist for transfer based on improper   venue, order transfer of the suit to the court having venue of the   suit under Chapter 103.          SECTION 21.  Subchapter C, Chapter 262, Family Code, is   amended by adding Section 262.206 to read as follows:          Sec. 262.206.  EX PARTE HEARINGS PROHIBITED. Unless   otherwise authorized by this chapter or other law, a hearing held by   a court in a suit under this chapter may not be ex parte.          SECTION 22.  Section 263.002, Family Code, is amended to   read as follows:          Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT; FINDINGS.  (a)     In a suit affecting the parent-child relationship in which the   department has been appointed by the court or designated in an   affidavit of relinquishment of parental rights as the temporary or   permanent managing conservator of a child, the court shall hold a   hearing to review:                (1)  the conservatorship appointment and substitute   care; and                (2)  for a child committed to the Texas Juvenile   Justice Department, the child's commitment in the Texas Juvenile   Justice Department or release under supervision by the Texas   Juvenile Justice Department.          (b)  At each hearing under this chapter, the court shall   review the placement of each child in the temporary or permanent   managing conservatorship of the department who is not placed with a   relative caregiver or designated caregiver as defined by Section   264.751. The court shall include in its findings a statement   whether the department placed the child with a relative or other   designated caregiver.          (c)  At the permanency hearing before a final order under   this chapter, the court shall review the placement of each child in   the temporary or permanent managing conservatorship of the   department who has not been returned to the child's home. The court   shall make a finding as to any continuing danger to the physical   health or safety of the child in the home, whether the return is in   the best interest of the child, and whether it is contrary to the   welfare of the child for the child to return home.          SECTION 23.  Section 263.0021, Family Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  Notice of a hearing under this chapter provided to an   individual listed under Subsection (b)(2) must state that the   individual may, but is not required to, attend the hearing and may   request to be heard at the hearing.          (f)  In a hearing under this chapter, the court shall call an   individual listed under Subsection (b)(2) and the individual, at   the individual's discretion, may appear at the hearing and present   evidence and be heard regardless of whether either party calls the   individual to testify.  If the individual testifies at the hearing,   the individual may be cross-examined by either party.          SECTION 24.  Section 263.102, Family Code, is amended by   amending Subsection (b) and adding Subsections (c) and (c-1) to   read as follows:          (b)  The service plan must [shall] include the following   statement:          TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ITS]   PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE   ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF   YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE   ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE   RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.     AT [THERE WILL BE] A COURT HEARING, [AT WHICH] A JUDGE WILL REVIEW   THIS SERVICE PLAN, MODIFY THE PLAN IF NECESSARY, AND REQUIRE   COMPLIANCE WITH THE PLAN. A SUBSEQUENT HEARING MAY BE SCHEDULED AT   WHICH A JUDGE MAY REVIEW THE PLAN.          (c)  A service plan may not include an allegation of abuse or   neglect of the child or a restatement of the facts of the case. An   allegation of abuse or neglect or a restatement of the facts of the   case in a service plan is inadmissible in the court as evidence.          (c-1)  Not later than the fifth business day after a hearing   held under Section 262.201, the department shall:                (1)  make all referrals necessary for each parent to   comply with a judge's order for services; and                (2)  provide to the parents any information available   to the department on providers approved by the department to   provide services in the service area in which the parent resides.          SECTION 25.  (a) Section 263.306(a-1), Family Code, is   amended to conform to the amendment of Section 263.306(a), Family   Code, by Chapter 697 (H.B. 825), Acts of the 84th Legislature,   Regular Session, 2015, 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, determine whether the child's caregiver is present, and   allow the caregiver to testify if the caregiver wishes to provide   information about the child;                (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, or relative of the child;                (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) [(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)  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)  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;                      (F)  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;                      (G)  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                      (H)  for a child whose permanency goal is another   planned permanent living arrangement:                            (i)  the desired permanency outcome for the   child, by asking the child; and                            (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;                (6) [(5)]  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) [(6)]  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) [(7)]  announce in open court the dismissal date   and the date of any upcoming hearings.          (b)  Section 263.306(c), Family Code, is amended to conform   to the amendment of Section 263.306, Family Code, by Chapter 944   (S.B. 206), Acts of the 84th Legislature, Regular Session, 2015, to   read as follows:          (c)  In addition to the requirements of Subsection (a-1)   [(a)], at each permanency hearing the court shall review the   department's efforts to ensure that the child has regular, ongoing   opportunities to engage in age-appropriate normalcy activities,   including activities not listed in the child's service plan.          (c)  Section 263.306(a), Family Code, is repealed to conform   to the repeal of Section 263.306(a), Family Code, by Chapter 944   (S.B. 206), Acts of the 84th Legislature, Regular Session, 2015.          SECTION 26.  Section 263.401, Family Code, is amended to   read as follows:          Sec. 263.401.  DISMISSAL AFTER ONE YEAR; NEW TRIALS;   EXTENSION. (a) Unless the court has commenced the trial on the   merits or granted an extension under Subsection (b) or (b-1), on the   first Monday after the first anniversary of the date the court   rendered a temporary order appointing the department as temporary   managing conservator, the court's jurisdiction over [court shall   dismiss] the suit affecting the parent-child relationship filed by   the department that requests termination of the parent-child   relationship or requests that the department be named conservator   of the child is terminated and the suit is automatically dismissed   without a court order.          (b)  Unless the court has commenced the trial on the merits,   the court may not retain the suit on the court's docket after the   time described by Subsection (a) unless the court finds that   extraordinary circumstances necessitate the child remaining in the   temporary managing conservatorship of the department and that   continuing the appointment of the department as temporary managing   conservator is in the best interest of the child. If the court   makes those findings, the court may retain the suit on the court's   docket for a period not to exceed 180 days after the time described   by Subsection (a). If the court retains the suit on the court's   docket, the court shall render an order in which the court:                (1)  schedules the new date on which the suit will be   automatically dismissed if the trial on the merits has not   commenced, which date must be not later than the 180th day after the   time described by Subsection (a);                (2)  makes further temporary orders for the safety and   welfare of the child as necessary to avoid further delay in   resolving the suit; and                (3)  sets the trial on the merits on a date not later   than the date specified under Subdivision (1).          (b-1)  If, after commencement of the initial trial on the   merits within the time required by Subsection (a) or (b), the court   grants a motion for a new trial or mistrial, or the case is remanded   to the court by an appellate court following an appeal of the   court's final order, the court shall retain the suit on the court's   docket and render an order in which the court:                (1)  schedules a new date on which the suit will be   automatically dismissed if the new trial has not commenced, which   must be a date not later than the 180th day after the date on which:                      (A)  the motion for a new trial or mistrial is   granted; or                      (B)  the appellate court remanded the case;                (2)  makes further temporary orders for the safety and   welfare of the child as necessary to avoid further delay in   resolving the suit; and                (3)  sets the new trial on the merits for a date not   later than the date specified under Subdivision (1).          (c)  If the court grants an extension under Subsection (b) or   (b-1) but does not commence the trial on the merits before the   dismissal date, the court's jurisdiction over [court shall dismiss]   the suit is terminated and the suit is automatically dismissed   without a court order. The court may not grant an additional   extension that extends the suit beyond the required date for   dismissal under Subsection (b) or (b-1), as applicable.          SECTION 27.  Section 263.402, Family Code, is amended to   read as follows:          Sec. 263.402.  LIMIT ON EXTENSION[; WAIVER]. [(a)] The   parties to a suit under this chapter may not extend the deadlines   set by the court under this subchapter by agreement or otherwise.          [(b)     A party to a suit under this chapter who fails to make a   timely motion to dismiss the suit under this subchapter waives the   right to object to the court's failure to dismiss the suit. A   motion to dismiss under this subsection is timely if the motion is   made before the trial on the merits commences.]          SECTION 28.  Section 263.403, Family Code, is amended by   amending Subsections (a) and (c) and adding Subsection (a-1) to   read as follows:          (a)  Notwithstanding Section 263.401, the court may retain   jurisdiction and not dismiss the suit or render a final order as   required by that section if the court renders a temporary order   that:                (1)  finds that retaining jurisdiction under this   section is in the best interest of the child;                (2)  orders the department to:                      (A)  return the child to the child's parent; or                      (B)  transition the child, according to a schedule   determined by the department or court, from substitute care to the   parent while the parent completes the remaining requirements   imposed under a service plan and specified in the temporary order   that are necessary for the child's return;                (3)  orders the department to continue to serve as   temporary managing conservator of the child; and                (4)  orders the department to monitor the child's   placement to ensure that the child is in a safe environment.          (a-1)  The department or the parent may request the court to   retain jurisdiction for an additional six months as necessary for a   parent to complete the remaining requirements in a service plan and   specified in the temporary order that are mandatory for the child's   return.          (c)  If before the dismissal of the suit or the commencement   of the trial on the merits a child placed with a parent under this   section must be moved from that home by the department or the court   renders a temporary order terminating the transition order issued   under Subsection (a)(2)(B) [before the dismissal of the suit or the   commencement of the trial on the merits], the court shall, at the   time of the move or order, schedule a new date for dismissal of the   suit [unless a trial on the merits has commenced].  The new   dismissal date may not be later than the original dismissal date   established under Section 263.401 or the 180th day after the date   the child is moved or the order is rendered under this subsection,   whichever date is later.          SECTION 29.  Subchapter E, Chapter 263, Family Code, is   amended by adding Section 263.4042 to read as follows:          Sec. 263.4042.  CONTINUED APPOINTMENT OF ATTORNEY AD LITEM   AFTER FINAL ORDER. (a) On the entry of a final order terminating   the parent-child relationship and naming the Department of Family   and Protective Services as the child's managing conservator, the   court may discharge the attorney ad litem appointed for the child if   the court finds that:                (1)  the child has a representative authorized by the   court to represent the legal interests of the child and discharge of   the attorney ad litem is in the child's best interest; or                (2)  the child:                      (A)  resides in the home identified in the child's   permanency plan as the child's permanent home;                      (B)  has an attorney ad litem or guardian ad litem   who does not object to the child's permanency plan; and                      (C)  has resided in the home described by   Paragraph (A) for at least three months.          (b)  If a court renders an order discharging a child's   attorney ad litem under Subsection (a), at each permanency hearing   following the final order held under Section 263.501, the court   shall make the findings required by Section 263.5031.          SECTION 30.  Subchapter E, Chapter 263, Family Code, is   amended by adding Section 263.4055 to read as follows:          Sec. 263.4055.  SUPREME COURT RULES. The supreme court by   rule shall establish civil and appellate procedures to address:                (1)  conflicts between the filing of a motion for new   trial and the filing of an appeal of a final order rendered under   this chapter; and                (2)  the period, including an extension of at least 20   days, for a court reporter to submit the reporter's record of a   trial to an appellate court following a final order rendered under   this chapter.          SECTION 31.  Section 263.5031, Family Code, is amended to   read as follows:          Sec. 263.5031.  PERMANENCY HEARINGS FOLLOWING FINAL ORDER.     (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, determine whether the child's caregiver is present, and   allow the caregiver to testify if the caregiver wishes to provide   information about the child;                (2)  review the efforts of the department or other   agency in notifying persons entitled to notice under Section   263.0021; [and]                (3)  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 department placed the child with   a relative or other 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;                      (C)  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;                      (D)  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;                      (E)  for a child whose permanency goal is another   planned permanent living arrangement:                            (i)  the desired permanency outcome for the   child, by asking the child; and                            (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;                      (F)  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;                      (G)  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;                      (H)  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;                      (I)  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;                      (J)  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                      (K)  whether the department has identified a   family or other caring adult who has made a permanent commitment to   the child; and                (4)  if the child is 16 years of age or older, determine   whether the department has provided the child with the following:                      (A)  the child's birth certificate;                      (B)  a social security card or a replacement   social security card;                      (C)  a driver's license or personal   identification certificate under Chapter 521, Transportation Code;                      (D)  the information contained in the child's   health passport, including the child's immunization records, as   required under Section 266.006;                      (E)  proof of enrollment of the child in Medicaid,   if appropriate; and                      (F)  written information advising the child of   postsecondary education benefits and opportunities available to   the child, including the tuition exemption for former foster   children under Section 54.366, Education Code.          (b)  At each permanency hearing after the court renders a   final order, the court:                (1)  for a child who is not represented by an attorney   ad litem shall:                      (A)  determine whether the child requires   representation by an attorney ad litem under Section 107.016; and                      (B)  if the court declines to appoint an attorney   ad litem for the child, state the reason for declining to appoint an   attorney ad litem; and                (2)  for a child who is represented by an attorney ad   litem:                      (A)  shall consider the need for continued   appointment of the attorney ad litem for the child; and                      (B)  may discharge the attorney ad litem appointed   for the child if the court finds that:                            (i)  the child is eligible for adoption and   living in the home identified in the permanency plan as the child's   permanent home;                            (ii)  the child's attorney ad litem or   guardian ad litem does not object to the child's permanency plan;   and                            (iii)  the child has resided in the home   described by Subparagraph (i) for at least three months.          SECTION 32.  Section 264.018, Family Code, is amended by   amending Subsection (f) and adding Subsections (f-1), (f-2), and   (f-3) to read as follows:          (f)  Except as provided by Subsection (f-1) or (f-2), as [As]   soon as possible but not later than the 10th day after the date the   department becomes aware of a significant event affecting a child   in the conservatorship of the department, the department shall   provide notice of the significant event to:                (1)  the child's parent;                (2)  an attorney ad litem appointed for the child under   Chapter 107;                (3)  a guardian ad litem appointed for the child under   Chapter 107;                (4)  a volunteer advocate appointed for the child under   Chapter 107;                (5)  the licensed administrator of the child-placing   agency responsible for placing the child or the licensed   administrator's designee;                (6)  a foster parent, prospective adoptive parent,   relative of the child providing care to the child, or director of   the group home or general residential operation where the child is   residing; and                (7)  any other person determined by a court to have an   interest in the child's welfare.          (f-1)  As soon as possible after the department becomes aware   of a change in placement of a child in the conservatorship of the   department, the department shall give notice of the placement   change to the managed care organization that contracts with the   commission to provide health care services to the child under the   STAR Health program.  The managed care organization, in   coordination with the department, shall give notice of the   placement change to the primary care physician listed in the   child's health passport.           (f-2)  As soon as possible but not later than the fifth day   after the date a child-placing agency notifies the department of   the agency's intent to change the placement of a child in the   conservatorship of the department, the department shall give notice   of the impending placement change and the reason given for the   placement change to:                (1)  the child's parent;                (2)  an attorney ad litem appointed for the child under   Chapter 107;                (3)  a guardian ad litem appointed for the child under   Chapter 107;                (4)  a volunteer advocate appointed for the child under   Chapter 107;                (5)  a foster parent, prospective adoptive parent,   relative of the child providing care to the child, or director of   the group home or general residential operation where the child is   residing; and                (6)  any other person determined by a court to have an   interest in the child's welfare.          (f-3)  As soon as possible but not later than the fifth day   after the date a foster parent requests the removal of a child in   the conservatorship of the department from the foster home, the   department shall give notice of the impending placement change to:                (1)  the child's parent;                (2)  an attorney ad litem appointed for the child under   Chapter 107;                (3)  a guardian ad litem appointed for the child under   Chapter 107;                (4)  a volunteer advocate appointed for the child under   Chapter 107;                (5)  the licensed administrator of the child-placing   agency responsible for placing the child or the licensed   administrator's designee; and                (6)  any other person determined by a court to have an   interest in the child's welfare.          SECTION 33.  Section 264.121, Family Code, is amended by   adding Subsections (a-3), (a-4), and (a-5) to read as follows:          (a-3)  The department shall conduct an independent living   skills assessment for all youth in the department's permanent   managing conservatorship who are 16 years of age or older. The   department may conduct a skills assessment for all youth in the   department's permanent managing conservatorship who are at least 14   years of age and older based on funding, prioritizing youth who have   the greatest needs. The department shall annually update the   assessment for each youth in the department's conservatorship to   determine the independent living skills the youth learned during   the preceding year to ensure the department's obligation to prepare   the youth for independent living has been met.          (a-4)  The annual update of the independent living skills   assessment required under Subsection (a-3) must be conducted   through the child's plan of service in coordination with the child,   the caseworker, the Preparation for Adult Living Program staff, and   the child's caregiver.          (a-5)  The department, in coordination with stakeholders,   shall develop a plan to standardize the curriculum for the   Preparation for Adult Living Program that ensures youth 14 years of   age or older enrolled in the program receive relevant and   age-appropriate information and training.  The department shall   report the plan to the legislature not later than December 1, 2018.     This subsection expires September 1, 2019.          SECTION 34.  The heading to Chapter 266, Family Code, is   amended to read as follows:   CHAPTER 266.  MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN   CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES    [FOSTER CARE]          SECTION 35.  Chapter 266, Family Code, is amended by adding   Section 266.005 to read as follows:          Sec. 266.005.  CONSULTATION FOR HEALTH CARE.  (a)  A court   may not render an order requiring or prohibiting specific health   care services, procedures, or treatments, including mental health   care services, procedures, or treatments, for a child in the   conservatorship of the department, unless a health care   professional, acting within the scope of the health care   professional's practice as prescribed by state law, has been   consulted as to the proposed care.  If the court finds that a health   care professional has been consulted and the court declines to   follow the recommendation of the health care professional, the   court shall make findings in the record supporting the court's   order.          (b)  Subsection (a) does not apply if the court:                (1)  finds there is an immediate need for medical or   behavioral intervention and there is not time consistent with the   circumstances and the child's health, safety, or well-being to   consult with a health care professional; or                 (2)  directs a child to receive an examination or   assessment by an appropriate health care professional.           (c)  If a court renders an order under circumstances   described by Subsection (b)(1), the court shall order consultation   with an appropriate health care professional as soon as   practicable.          (d)  Evidence of a health care professional's recommendation   for proposed care under Subsection (a) is not inadmissible on the   grounds that it is hearsay evidence or that it is not authenticated   if the judge considers the evidence to be otherwise reliable.          SECTION 36.  Chapter 122, Government Code, is amended by   adding Sections 122.005 and 122.006 to read as follows:          Sec. 122.005.  FAMILY DRUG COURT STUDY. (a) Not later than   September 1, 2018, the commissioners court of each county that has   not established a family drug court program shall, subject to the   availability of funds, study the effect the creation of a family   drug court would have in the county. The sheriff and, as   applicable, the county attorney, district attorney, or criminal   district attorney shall assist in conducting the study. The study   must analyze the effectiveness of:                (1)  creating a court that specializes in cases in   which a parent or person standing in parental relation suffers from   drug addiction; and                (2)  case management used by a family drug court   program, including the involvement of Department of Family and   Protective Services caseworkers, court-appointed case managers,   and court-appointed special advocates, to rehabilitate a parent or   person standing in parental relation who has had a child removed   from the parent's or person's care by the department or who is under   investigation to determine if a child should be removed from the   care of the parent or person standing in parental relation by the   department.          (b)  Each commissioners court in a county conducting the   study required by Subsection (a) shall request assistance from:                (1)  judges located in the county;                (2)  child protective services caseworkers and   supervisors;                (3)  attorneys ad litem;                (4)  guardians ad litem;                (5)  drug treatment providers;                (6)  family and child therapists;                (7)  peer recovery coach providers;                (8)  domestic violence victim advocates;                (9)  housing partners;                (10)  drug coordinators;                (11)  drug court services managers; and                (12)  drug court case managers.          (c)  This section expires January 1, 2019.          Sec. 122.006.  GRANT FUNDING FOR FAMILY DRUG COURTS. (a)   The family drug court fund is a dedicated account in the general   revenue fund in the state treasury.          (b)  The family drug court fund consists of:                (1)  appropriations of money to the fund by the   legislature; and                (2)  gifts, grants, including grants from the federal   government, and other donations received for the fund.          (c)  The Health and Human Services Commission shall   administer the family drug court fund. Money in the account may be   used only to pay counties to establish and administer a family drug   court. To receive money from the family drug court fund a county   must submit the study conducted under Section 122.005 on the effect   of the creation of a family drug court in the county and a detailed   proposal of the establishment of the court.          (d)  Grants will only be made when funds are available.          SECTION 37.  Subchapter A, Chapter 533, Government Code, is   amended by adding Section 533.0056 to read as follows:          Sec. 533.0056.  STAR HEALTH PROGRAM: NOTIFICATION OF   PLACEMENT CHANGE. A contract between a managed care organization   and the commission for the organization to provide health care   services to recipients under the STAR Health program must require   the organization to ensure continuity of care for a child whose   placement has changed by:                (1)  notifying each specialist treating the child of   the placement change; and                (2)  coordinating the transition of care from the   child's previous treating primary care physician and treating   specialists to the child's new treating primary care physician and   treating specialists, if any.          SECTION 38.  Section 572.001, Health and Safety Code, is   amended by amending Subsection (c) and adding Subsections (c-2),   (c-3), and (c-4) to read as follows:          (c)  A person or agency appointed as the guardian or a   managing conservator of a person younger than 18 years of age and   acting as an employee or agent of the state or a political   subdivision of the state may request admission of the person   younger than 18 years of age to an inpatient mental health facility   [only with the person's consent.     If the person does not consent,   the person may be admitted for inpatient services] only as provided   by Subsection (c-2) or pursuant to an application for court-ordered   mental health services or emergency detention or an order for   protective custody.          (c-2)  The Department of Family and Protective Services may   request the admission to an inpatient mental health facility of a   minor in the managing conservatorship of that department only if a   physician states the physician's opinion, and the detailed reasons   for that opinion, that the minor is a person:                (1)  with mental illness or who demonstrates symptoms   of a serious emotional disorder; and                (2)  who presents a risk of serious harm to self if not   immediately restrained or hospitalized.          (c-3)  The admission to an inpatient mental health facility   under Subsection (c-2) of a minor in the managing conservatorship   of the Department of Family and Protective Services is a   significant event for purposes of Section 264.018, Family Code, and   the Department of Family and Protective Services shall provide   notice of the significant event:                (1)  in accordance with that section to all parties   entitled to notice under that section; and                (2)  to the court with continuing jurisdiction before   the expiration of three business days after the minor's admission.          (c-4)  The Department of Family and Protective Services   periodically shall review the need for continued inpatient   treatment of a minor admitted to an inpatient mental health   facility under Subsection (c-2). If following the review that   department determines there is no longer a need for continued   inpatient treatment, that department shall notify the facility   administrator designated to detain the minor that the minor may no   longer be detained unless an application for court-ordered mental   health services is filed.          SECTION 39.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.066 to read as follows:          Sec. 42.066.  REQUIRED SUBMISSION OF INFORMATION REQUESTED   BY COURT. A general residential operation that provides mental   health treatment or services to a child in the managing   conservatorship of the department shall timely submit to the court   in a suit affecting the parent-child relationship under Subtitle E,   Title 5, Family Code, all information requested by that court.          SECTION 40.  The heading to Section 25.07, Penal Code, is   amended to read as follows:          Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS   OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT   OR ABUSE, STALKING, OR TRAFFICKING CASE.          SECTION 41.  Section 25.07(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if, in violation of a   condition of bond set in a family violence, sexual assault or abuse,   stalking, or trafficking case and related to the safety of a victim   or the safety of the community, an order issued under Chapter 7A,   Code of Criminal Procedure, an order issued under Article 17.292,   Code of Criminal Procedure, an order issued under Section 6.504,   Family Code, Chapter 83, Family Code, if the temporary ex parte   order has been served on the person, [or] Chapter 85, Family Code,   or Subchapter F, Chapter 261, Family Code, or an order issued by   another jurisdiction as provided by Chapter 88, Family Code, the   person knowingly or intentionally:                (1)  commits family violence or an act in furtherance   of an offense under Section 20A.02, 22.011, 22.021, or 42.072;                (2)  communicates:                      (A)  directly with a protected individual or a   member of the family or household in a threatening or harassing   manner;                      (B)  a threat through any person to a protected   individual or a member of the family or household; or                      (C)  in any manner with the protected individual   or a member of the family or household except through the person's   attorney or a person appointed by the court, if the violation is of   an order described by this subsection and the order prohibits any   communication with a protected individual or a member of the family   or household;                (3)  goes to or near any of the following places as   specifically described in the order or condition of bond:                      (A)  the residence or place of employment or   business of a protected individual or a member of the family or   household; or                      (B)  any child care facility, residence, or school   where a child protected by the order or condition of bond normally   resides or attends;                (4)  possesses a firearm;                (5)  harms, threatens, or interferes with the care,   custody, or control of a pet, companion animal, or assistance   animal that is possessed by a person protected by the order or   condition of bond; or                (6)  removes, attempts to remove, or otherwise tampers   with the normal functioning of a global positioning monitoring   system.          SECTION 42.  The heading to Section 25.072, Penal Code, is   amended to read as follows:          Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR   CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,   SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.          SECTION 43.  (a) In this section:                (1)  "Attorney ad litem" has the meaning assigned by   Section 107.001, Family Code.                (2)  "Commission" means the Permanent Judicial   Commission for Children, Youth and Families established by the   supreme court.          (b)  The commission shall study the appointment and use of   attorneys ad litem in cases involving the Department of Family and   Protective Services. The commission shall:                (1)  examine:                      (A)  the method for appointing attorneys ad litem;                      (B)  the oversight and accountability measures   used across the state to monitor attorneys ad litem;                      (C)  the methods by which qualifications for   appointment as an attorney ad litem and training requirements for   an attorney ad litem are established and enforced;                      (D)  the timing of and duration of appointments;                      (E)  the rate of compensation for appointments and   the method for establishing compensation rates across the state;                      (F)  the quality of representation and methods for   assessing performance of attorneys ad litem;                      (G)  the pretrial and posttrial client   satisfaction with representation by attorneys ad litem   representing parents and attorneys ad litem representing children;                      (H)  organizational studies and national   standards related to the workload of attorneys ad litem;                      (I)  the best practices for attorneys ad litem;   and                      (J)  the estimated and average costs associated   with legal representation by an attorney ad litem per child   compared with the costs associated with foster care per child;                (2)  conduct a survey of attorneys ad litem about the   attorney's training, including:                      (A)  the attorney's legal education;                      (B)  whether the attorney is certified as a   specialist by the Texas Board of Legal Specialization in any area of   law; and                      (C)  the professional standards followed by the   attorney;                (3)  perform a statistical analysis of the data and   information collected under Subdivisions (1) and (2) of this   subsection; and                (4)  develop policy recommendations for improving the   attorney ad litem appointment process.          (c)  The commission shall prepare a report based on the   findings of the study conducted under this section and shall submit   the report to each member of the legislature not later than   September 1, 2018.          SECTION 44.  (a)  The changes in law made by this Act apply   only to a service plan filed for a full adversary hearing held under   Section 262.201, Family Code, or a status hearing held under   Chapter 263, Family Code, on or after January 1, 2018. A hearing   held before that date is governed by the law in effect immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          (b)  The changes made by this Act to Section 263.401, Family   Code, apply only to a suit affecting the parent-child relationship   pending in a trial court on the effective date of this Act or filed   on or after the effective date of this Act. A suit affecting the   parent-child relationship in which a final order is rendered before   the effective date of this Act is governed by the law in effect on   the date the order was rendered, and the former law is continued in   effect for that purpose.          (c)  Except as otherwise provided by this section, the   changes in law made by this Act apply only to a suit affecting the   parent-child relationship filed on or after the effective date of   this Act.  A suit affecting the parent-child relationship filed   before the effective date of this Act is subject to the law in   effect at the time the suit was filed, and the former law is   continued in effect for that purpose.          (d)  Except as otherwise provided by this section, the   changes in law made by this Act apply only to a contract for the   provision of health care services under the STAR Health program   between the Health and Human Services Commission and a managed care   organization under Chapter 533, Government Code, that is entered   into or renewed on or after the effective date of this Act.          (e)  If before implementing Section 533.0056, Government   Code, as added by this Act, the Health and Human Services Commission   determines that a waiver or authorization from a federal agency is   necessary for implementation of that provision, the health and   human services agency affected by the provision shall request the   waiver or authorization and may delay implementing that provision   until the waiver or authorization is granted.          SECTION 45.  The changes in law made by this Act apply to a   suit affecting the parent-child relationship filed before, on, or   after the effective date of this Act.          SECTION 46.  The Health and Human Services Commission shall   adopt rules establishing the criteria for awarding a grant to   counties to establish a family drug court under Section 122.006,   Government Code, as added by this Act, not later than January 1,   2018.          SECTION 47.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 48.  This Act takes effect September 1, 2017.