By: Wu H.B. No. 7       A BILL TO BE ENTITLED   AN ACT       relating to child protective services suits by the Department of   Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 who is not placed with a relative caregiver or   designated caregiver as defined by Section 264.751. The court   shall make a finding as to whether the department has made   reasonable efforts to place the child with a relative or other   designated caregiver.          SECTION 2.  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, a person's voluntary agreement to temporarily place   the person's child in the managing conservatorship of the   department is inadmissible in a court hearing under this subtitle   as evidence that the person abused or neglected 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 is 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; and                (3)  a copy of any photograph, video, or recording that   constitutes or contains evidence that is material to the   allegations contained in the petition filed by the department.          SECTION 3.  Section 262.201, Family Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  If the court finds sufficient evidence to satisfy a   person of ordinary prudence and caution that there is a continuing   danger to the physical health or safety of the child and for the   child to remain in the home is contrary to the welfare of the child,   the court shall:                (1)  issue an appropriate temporary order under Chapter   105;                (2)  [.  The court shall] require each parent, alleged   father, or relative of the child before the court to:                      (A)  complete the proposed child placement   resources form provided under Section 261.307;                      (B)  [and] file the form with the court, if the   form has not been previously filed with the court;[,] and                      (C)  provide the Department of Family and   Protective Services with information necessary to locate any other   absent parent, alleged father, or relative of the child;                (3)  [.  The court shall] inform each parent, alleged   father, or relative of the child before the court that the person's   failure to submit the proposed child placement resources form will   not delay any court proceedings relating to the child;                (4)  [.  The court shall] inform each parent in open   court that parental and custodial rights and duties may be subject   to restriction or to termination unless the parent or parents are   willing and able to provide the child with a safe environment; and                (5)  unless the court has waived the requirement of a   service plan on the court's finding of aggravated circumstances   under Section 262.2015, after reviewing the basic service plan   required under Section 262.206 and making any change or   modification the court considers necessary, incorporate the plan   into the order of the court and render any additional appropriate   order to implement or require compliance with the plan.          (c-1)  If the court finds that the child requires protection   from family violence by a member of the child's family or household,   the court shall render a protective order under Title 4 for the   child. In this subsection, "family violence" has the meaning   assigned by Section 71.004.          SECTION 4.  Subchapter C, Chapter 262, Family Code, is   amended by adding Section 262.206 to read as follows:          Sec. 262.206.  BASIC SERVICE PLAN. (a) The Department of   Family and Protective Services shall develop a statewide uniform   basic family service plan to be filed with the court at each full   adversary hearing held under Section 262.201.          (b)  The basic service plan must:                (1)  be in writing;                (2)  specify the primary permanency goal for the child;                (3)  state the steps necessary to:                      (A)  return the child to the child's home if the   child is placed in foster care;                      (B)  enable the child to remain in the child's   home with the assistance of a service plan if the child's placement   is in the child's home under the department's supervision; or                      (C)  otherwise provide a safe placement for the   child;                (4)  state the basic actions the child's parents must   take to achieve the plan goal during the period of the service plan   and the assistance to be provided to the parents by the department   or other agency toward meeting that goal;                (5)  state any basic skill or knowledge that the child's   parents must acquire or learn and any basic behavioral change the   parents must exhibit to achieve the plan goal;                (6)  state the initial actions the child's parents must   take to ensure that the child attends school and maintains or   improves the child's academic compliance;                (7)  prescribe any other basic condition that the   department determines necessary for the success of the service   plan; and                (8)  be printed in English, Spanish, and any other   language the department considers appropriate.          (c)  The basic service plan must include the following   statement:          TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE   OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE   ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN.  AT   THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN, MODIFY THE   PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH 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 THE INITIAL   COURT HEARING, A JUDGE WILL REVIEW THIS BASIC SERVICE PLAN.  A   SUBSEQUENT COURT STATUS HEARING MAY BE SCHEDULED AT WHICH A JUDGE   MAY REVIEW AN INDIVIDUALIZED SERVICE PLAN FOR YOUR CHILD AND   REQUIRE COMPLIANCE WITH THE INDIVIDUALIZED PLAN.          (d)  The basic 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 basic service plan is inadmissible in court   as evidence.          (e)  Not later than the fifth business day after the date the   full adversary hearing is held under Section 262.201, the   department shall:                (1)  make all referrals necessary for the parents to   comply with the parents' responsibilities under the basic service   plan; and                (2)  provide to the parents an accurate list of   approved providers who provide those services in the department   region in which the parent resides.          SECTION 5.  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 make a finding as to whether the   department is able to place the child with a relative or other   designated caregiver and state the evidence that supports its   finding.          SECTION 6.  The heading to Subchapter B, Chapter 263, Family   Code, is amended to read as follows:   SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN          SECTION 7.  Sections 263.101, 263.102, and 263.103, Family   Code, are amended to read as follows:          Sec. 263.101.  DEPARTMENT TO FILE INDIVIDUALIZED SERVICE   PLAN. Except as provided by Section 262.2015, [not later than the   45th day] after the date the court renders a temporary order   appointing the department as temporary managing conservator of a   child under Chapter 262 and before the date of the status hearing   required under Subchapter C, the department may [shall] file with   the court an individualized [a] service plan.          Sec. 263.102.  INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a)   The individualized service plan must:                (1)  be specific;                (2)  be in writing in a language that the parents   understand, or made otherwise available;                (3)  be prepared by the department in conference with   the child's parents;                (4)  state appropriate deadlines;                (5)  specify the primary permanency goal and at least   one alternative permanency goal;                (6)  state steps that are necessary to:                      (A)  return the child to the child's home if the   placement is in foster care;                      (B)  enable the child to remain in the child's   home with the assistance of a service plan if the placement is in   the home under the department's supervision; or                      (C)  otherwise provide a permanent safe placement   for the child;                (7)  state the actions and responsibilities that are   necessary for the child's parents to take to achieve the plan goal   during the period of the service plan and the assistance to be   provided to the parents by the department or other agency toward   meeting that goal;                (8)  state any specific skills or knowledge that the   child's parents must acquire or learn, as well as any behavioral   changes the parents must exhibit, to achieve the plan goal;                (9)  state the actions and responsibilities that are   necessary for the child's parents to take to ensure that the child   attends school and maintains or improves the child's academic   compliance;                (10)  state the name of the person with the department   whom the child's parents may contact for information relating to   the child if other than the person preparing the plan; and                (11)  prescribe any other term or condition that the   department determines to be necessary to the service plan's   success.          (b)  The individualized 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 INDIVIDUALIZED SERVICE PLAN, MODIFY THE PLAN IF NECESSARY,   INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE COMPLIANCE   WITH THE PLAN.          (c)  The individualized 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 an individualized service   plan is inadmissible in the court as evidence.          (c-1)  The department shall provide with the individualized   service plan a list of approved providers in the department service   area in which the parent resides of the services necessary for the   parents to comply with the plan. The department shall maintain the   accuracy of the provider list.          (d)  The department or other authorized entity must write the   individualized service plan in a manner that is clear and   understandable to the parent in order to facilitate the parent's   ability to follow the requirements of the service plan.          (e)  Regardless of whether the goal stated in a child's   individualized service plan as required under Subsection (a)(5) is   to return the child to the child's parents or to terminate parental   rights and place the child for adoption, the department shall   concurrently provide to the child and the child's family, as   applicable:                (1)  time-limited family reunification services as   defined by 42 U.S.C. Section 629a for a period not to exceed the   period within which the court must render a final order in or   dismiss the suit affecting the parent-child relationship with   respect to the child as provided by Subchapter E; and                (2)  adoption promotion and support services as defined   by 42 U.S.C. Section 629a.          (f)  The department shall consult with relevant   professionals to determine the skills or knowledge that the parents   of a child under two years of age should learn or acquire to provide   a safe placement for the child. The department shall incorporate   those skills and abilities into the department's individualized   service plans, as appropriate.          Sec. 263.103.  INDIVIDUALIZED [ORIGINAL] SERVICE PLAN:   SIGNING AND TAKING EFFECT. (a) The individualized [original]   service plan shall be developed jointly by the child's parents and a   representative of the department. The department representative   shall inform[, including informing] the parents of their rights in   connection with the service plan process. If a parent is not able   or willing to participate in the development of the service plan, it   should be so noted in the plan.          (a-1)  Before the individualized [original] service plan is   signed, the child's parents and the representative of the   department shall discuss each term and condition of the plan.          (b)  The child's parents and the person preparing the   individualized [original] service plan shall sign the plan, and the   department shall give each parent a copy of the service plan.          (c)  If the department determines that the child's parents   are unable or unwilling to participate in the development of the   individualized [original] service plan or sign the plan, the   department may file the plan without the parents' signatures.          (d)  The individualized [original] service plan takes effect   when:                (1)  the child's parents and the appropriate   representative of the department sign the plan; or                (2)  the court issues an order giving effect to the plan   without the parents' signatures.          (e)  The individualized [original] service plan is in effect   until amended by the court or as provided under Section 263.104.          SECTION 8.  Section 263.105(c), Family Code, is amended to   read as follows:          (c)  The court may modify an individualized [original] or   amended service plan at any time.          SECTION 9.  Section 263.106, Family Code, is amended to read   as follows:          Sec. 263.106.  COURT IMPLEMENTATION OF SERVICE PLAN. After   reviewing the individualized [original] or any amended service plan   and making any changes or modifications it deems necessary, the   court shall incorporate the individualized [original] and any   amended service plan into the orders of the court and may render   additional appropriate orders to implement or require compliance   with the [an original or amended service] plan.          SECTION 10.  Section 263.403(a), Family Code, is amended 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, 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.          SECTION 11.  Sections 263.405(a) and (b), Family Code, are   amended to read as follows:          (a)  An appeal of a final order rendered under this   subchapter is governed by this subchapter and the procedures for   accelerated appeals in civil cases under the Texas Rules of   Appellate Procedure.  The appellate court shall render its final   order or judgment with the least possible delay.          (b)  A final order rendered under this subchapter must   contain the following prominently displayed statement in boldfaced   type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS   ORDER HAS THE RIGHT TO APPEAL.  AN APPEAL IN A SUIT IN WHICH   TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED   BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR   ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF   APPELLATE PROCEDURE.  FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263,   FAMILY CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR   ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL."          SECTION 12.  Subchapter E, Chapter 263, Family Code, is   amended by adding Sections 263.4055 and 263.4056 to read as   follows:          Sec. 263.4055.  MOTION FOR NEW TRIAL ON FINAL ORDER; TIME FOR   FILING AN APPEAL. (a) A motion for a new trial following a final   order rendered under this subchapter must be filed not later than   the fifth day after the date the final order is filed with the   clerk.          (b)  The court shall hold a hearing on the motion for a new   trial not later than the 14th day after the date the motion is   filed. Unless the court rules on the motion for a new trial within   the period provided by this subsection, the motion is denied by   operation of law.          (c)  If a motion for a new trial is filed, an appeal of a   final order under Section 263.405 must be filed not later than the   20th day after the date the court rules on the motion for a new trial   or the date the motion is denied by operation of law.          (d)  To the extent that this section conflicts with the Texas   Rules of Civil Procedure or the Texas Rules of Appellate Procedure,   this section controls. Notwithstanding Section 22.004, Government   Code, this section may not be modified or repealed by a rule adopted   by the supreme court.          Sec. 263.4056.  DEADLINE FOR FILING COURT REPORTER'S RECORD   IN APPELLATE COURT. (a) In an appeal of a final order rendered   under this subchapter, the court reporter for the court that   rendered the order shall prepare and submit the reporter's record   of the trial to the appellate court not later than the 20th day   after the date the notice of appeal is filed with the court.          (b)  On a showing of good cause, the appellate court may   extend the deadline for submitting the reporter's record. If the   court grants an extension under this subsection, the reporter's   record must be filed with the appellate court not later than the   40th day after the date the notice of appeal is filed with the   court.          (c)  To the extent that this section conflicts with the Texas   Rules of Appellate Procedure, this section controls.   Notwithstanding Section 22.004, Government Code, this section may   not be modified or repealed by a rule adopted by the supreme court.          SECTION 13.  Section 264.018, Family Code, is amended by   amending Subsection (f) and adding Subsections (f-1) and (f-2) 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 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-2)  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 14.  (a) The Department of Family and Protective   Services shall develop the statewide uniform basic service plan as   required by Section 262.206, Family Code, as added by this Act, not   later than December 1, 2017.          (b)  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.          (c)  Sections 263.405(a) and (b), Family Code, as amended by   this Act, apply only to a final order rendered on or after the   effective date of this Act. An order rendered 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.          (d)  Sections 263.4055 and 263.4056, Family Code, as added by   this Act, apply only to a motion for a new trial following a final   order or an appeal of a final order rendered on or after the   effective date of this Act. A motion for a new trial following a   final order or an appeal of a final order rendered before the   effective date of this Act 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.          (e)  The changes in law made by this Act apply only to an   original suit affecting the parent-child relationship filed on or   after the effective date of this Act. An original 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.          SECTION 15.  This Act takes effect September 1, 2017.