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.