89R13590 AMF-F     By: Campos H.B. No. 2634       A BILL TO BE ENTITLED   AN ACT   relating to policies and procedures regarding certain young adults   in the conservatorship of the Department of Family and Protective   Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 31, Family Code, is amended by adding   Section 31.0011 to read as follows:          Sec. 31.0011.  CHILD IN MANAGING CONSERVATORSHIP OF   DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) In this section,   "department" means the Department of Family and Protective   Services.          (b)  The department may file a motion to have the   disabilities of minority removed for a child in the department's   conservatorship for the limited purposes described by Subsection   (d) if the child:                (1)  is at least 17 years of age; and                (2)  either:                      (A)  has refused services from the department for   a period of not less than 60 days before the date the department   files the motion; or                      (B)  has been consistently absent from the child's   placement, including an unlicensed setting for temporary emergency   care under Section 264.107(g), for a period of not less than 60 days   before the date the department files the motion.          (c)  A motion under this section must be:                (1)  filed in the court of continuing exclusive   jurisdiction; and                (2)  supported by a sworn affidavit describing the   efforts made by the department to:                      (A)  engage the child in services; or                      (B)  return the child to the possession of the   department.          (d)  An order removing the disabilities of minority under   this section is for the limited purpose of implementing a period of   trial independence under Section 263.6015 and other limited   purposes ordered by the court.          SECTION 2.  Sections 31.002, 31.003, 31.004, and 31.005,   Family Code, are amended to read as follows:          Sec. 31.002.  REQUISITES OF PETITION OR MOTION;   VERIFICATION. (a) The petition or motion for removal of   disabilities of minority must state:                (1)  the name, age, and place of residence of the minor   [petitioner];                (2)  the name and place of residence of each living   parent;                (3)  the name and place of residence of the guardian of   the person and the guardian of the estate, if any;                (4)  the name and place of residence of the managing   conservator, if any;                (5)  the reasons why removal would be in the best   interest of the minor; and                (6)  the purposes for which removal is requested.          (b)  A parent of the petitioner must verify the petition   under Section 31.001, except that if a managing conservator or   guardian of the petitioner [person] has been appointed, the   petition must be verified by that person. If the person who is to   verify the petition is unavailable or that person's whereabouts are   unknown, the amicus attorney or attorney ad litem shall verify the   petition.          (c)  The Department of Family and Protective Services must   verify the motion under Section 31.0011.          Sec. 31.003.  VENUE. A [The] petitioner shall file the   petition described by Section 31.001 in the county in which the   petitioner resides.          Sec. 31.004.  REPRESENTATION OF MINOR [PETITIONER]. The   court shall appoint an amicus attorney or attorney ad litem to   represent the interest of the minor [petitioner] at the hearing.          Sec. 31.005.  ORDER. The court by order, or the Texas   Supreme Court by rule or order, may remove the disabilities of   minority of a minor, including any restriction imposed by Chapter   32, if the court or the Texas Supreme Court finds the removal to be   in the best interest of the minor [petitioner]. The order or rule   must state the limited or general purposes for which disabilities   are removed.          SECTION 3.  Section 31.008(a), Family Code, is amended to   read as follows:          (a)  A party to a suit filed under Section 31.001 [this   chapter] may waive the issuance or service of citation after the   suit is filed by filing with the clerk of the court in which the suit   is filed the waiver of the party acknowledging receipt of a copy of   the filed petition.          SECTION 4.  Sections 263.601(1) and (4), Family Code, are   amended to read as follows:                (1)  "Extended foster care":                      (A)  means a residential living arrangement in   which a young adult voluntarily delegates to the department   responsibility for the young adult's placement and care and in   which the young adult resides with a foster parent or other   residential services provider that is:                            (i) [(A)]  licensed or approved by the   department or verified by a licensed or certified child-placing   agency; and                            (ii) [(B)]  paid under a contract with the   department; and                      (B)  does not include a temporary emergency care   arrangement under Section 264.107(g) in a hotel or other unlicensed   setting.                (4)  "Young adult" means a person who:                      (A)  was in the conservatorship of the department   on the day before the person's 18th birthday; or                      (B)  had the disabilities of minority removed   under Section 31.0011.          SECTION 5.  Section 263.6015, Family Code, is amended by   amending Subsections (a), (b), (c), and (e) and adding Subsections   (b-1), (c-1), and (c-2) to read as follows:          (a)  A young adult is assigned trial independence status when   the young adult:                (1)  does not enter extended foster care at the time of   the young adult's 18th birthday; [or]                (2)  exits extended foster care before the young   adult's 21st birthday; or                (3)  has the disabilities of minority removed under   Section 31.0011.          (b)  Except as provided by Subsection (c), a court order is   not required for a young adult to be assigned trial independence   status.  Trial independence for a young adult described by Section   263.601(4)(A) is mandatory for a period of at least six months   beginning on:                (1)  the date of the young adult's 18th birthday for a   young adult described by Subsection (a)(1); or                (2)  the date the young adult exits extended foster   care.          (b-1)  Notwithstanding Subsection (b), trial independence   for a young adult described by Section 263.601(4)(B) shall:                (1)  begin on the date the young adult's disabilities of   minority were removed by court order; and                (2)  end on the later of:                      (A)  six months after the date the court orders   the removal of the disabilities of minority; or                      (B)  the young adult's 18th birthday.          (c)  For a young adult described by Section 263.601(4)(A), a   [A] court may order trial independence status extended for a period   that exceeds the mandatory period under Subsection (b) but does not   exceed one year from the date the period under Subsection (b)   commences.          (c-1)  For a young adult described by Section 263.601(4)(B)   who is cooperating with the department, a court may order trial   independence status extended for a period that exceeds the   mandatory period under Subsection (b-1) but does not exceed one   year from the date the period under Subsection (b-1) commences.          (c-2)  A court may not extend trial independence status for a   young adult under Subsection (c) or (c-1) if the young adult objects   to the extension in writing or in court.          (e)  The trial independence status of a young adult described   by Section 263.601(4)(A) ends on the young adult's 21st birthday.          SECTION 6.  Section 263.602, Family Code, is amended by   adding Subsections (e-1) and (h) and amending Subsection (f) to   read as follows:          (e-1)  If the department reports that the young adult is not   participating in the young adult's plan of service and developing   the skills necessary to achieve independence, the court shall order   the young adult to obtain experiential life-skills training under   Section 264.121 or through other courses or services identified by   the department as part of the young adult's plan of service.          (f)  Unless the court extends its jurisdiction over a young   adult beyond the end of trial independence as provided by Section   263.6021(a) or 263.603(a), the court's extended jurisdiction over a   young adult as described in Subsection (a) terminates on the   earlier of:                (1)  the last day of the month in which trial   independence ends; [or]                (2)  the young adult's 21st birthday;                (3)  the date the young adult withdraws consent to the   extension of the court's jurisdiction in writing or in court; or                (4)  the 60th day after the date the young adult refuses   services.          (h)  A court may not order a young adult in extended foster   care to be placed in temporary care under Section 264.107(g) in a   hotel or other unlicensed setting.          SECTION 7.  This Act takes effect September 1, 2025.