85R24174 MM-F     By: Turner H.B. No. 4168     Substitute the following for H.B. No. 4168:     By:  Keough C.S.H.B. No. 4168       A BILL TO BE ENTITLED   AN ACT   relating to requirements for the court in permanency hearings for   children in the conservatorship of the Department of Family and   Protective Services who are receiving transitional living   services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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, 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;                            (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);                (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.          SECTION 2.  Subchapter E, Chapter 263, Family Code, is   amended by adding Section 263.4041 to read as follows:          Sec. 263.4041.  VERIFICATION OF TRANSITION PLAN.   Notwithstanding Section 263.401, for a suit involving a child who   is 14 years of age or older and whose permanency goal is another   planned permanent living arrangement, the court shall verify that:                (1)  the department has conducted an independent living   skills assessment for the child as provided under Section   264.121(a-3);                (2)  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;                (3)  if the youth is 16 years of age or older, there is   evidence that the department has provided the youth with the   documents and information listed in Section 264.121(e); and                (4)  if the youth is 18 years of age or older or has had   the disabilities of minority removed, there is evidence that the   department has provided the youth with the documents and   information listed in Section 264.121(e-1).          SECTION 3.  Section 263.5031, Family Code, is amended to   read as follows:          Sec. 263.5031.  PERMANENCY HEARINGS FOLLOWING FINAL   ORDER.  At each permanency hearing after the court renders a final   order, the court shall:                (1)  identify all persons and parties present at the   hearing;                (2)  review the efforts of the department or other   agency in notifying persons entitled to notice under Section   263.0021; 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)  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;                            (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);                      (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.          SECTION 4.  Section 264.121, Family Code, is amended by   adding Subsections (a-3) and (a-4) 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 at least 14 years of age but   younger than 16 years of age and all youth in the department's   conservatorship who are 16 years of age or older. The department   shall annually update the assessment for each youth assessed under   this section to determine the independent living skills the youth   learned during the preceding year to ensure that the department's   obligation to prepare the youth for independent living has been   met. The department shall conduct the annual update through the   youth's plan of service in coordination with the youth, the youth's   caseworker, the staff of the Preparation for Adult Living Program,   and the youth's caregiver.          (a-4)  The department, in coordination with stakeholders,   shall develop a plan to standardize the curriculum for the   Preparation for Adult Living Program that ensures that 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.          SECTION 5.  The changes in law made by this Act to Chapter   263, Family Code, apply to a suit affecting the parent-child   relationship filed before, on, or after the effective date of this   Act.          SECTION 6.  The Department of Family and Protective Services   is required to implement this Act only if the legislature   appropriates money specifically for that purpose. If the   legislature does not appropriate money specifically for that   purpose, the agency may, but is not required to, implement this Act   using other appropriations available for the purpose.          SECTION 7.  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 8.  This Act takes effect September 1, 2017.