By: Campos H.B. No. 5051       A BILL TO BE ENTITLED   AN ACT   relating to emancipation and extended foster care for certain older   youth and young adults within the jurisdiction of court in a suit   affecting the parent child relationship involving the Department of   Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 31 of the Family Code is amended to add   section 31.0011 to read as follows:   31.0011 REMOVAL OF DISABILITIES OF MINORITY FOR A CHILD IN THE   MANAGING CONSERVATORSHIP OF THE DEPARTMENT          (a)  Notwithstanding the requirements of section 31.001, the   Department of Family and Protective Services may file a petition to   have the disabilities of minority removed for a child in its   conservatorship if the child:                (1)  is at least 17 years old; and                (2)  has refused services from the department for a   sixty-day period prior to the filing of the petition; or                (3)  has been consistently absent from the child's   placement, including an unlicensed setting for temporary emergency   care under Section 264.107(g) for a sixty-day period prior to the   filing of the petition.          (b)  The petition under this section must be accompanied by   sworn affidavit describing the efforts made by the department to   engage the child in services and return the child to the possession   of the department.          (c)  An order removing the disabilities of minority under   this section is for the limited purpose of beginning a period of   trial independence pursuant to section 263.601 and other limited   purposes ordered by the court. An order for the removal of the   disabilities of minority for general purposes must meet the   requirements of section 31.001.          SECTION 2.  Section 31.003 of the Family Code is amended to   read as follows:          (a)  The petitioner shall file the petition in the county in   which the petitioner resides.          (b)  A petition for emancipation of a child in the permanent   managing conservatorship of the department under section 31.0011   shall be filed in the court of continuing exclusive jurisdiction.          SECTION 3.  Section 263.601 of the Family Code is amended to   read as follows:                (1)  "Extended foster care" 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:                      (A)  licensed or approved by the department or   verified by a licensed or certified child-placing agency; and                      (B)  paid under a contract with the department.                (1-a)  Extended foster care does not include hotels or   other unlicensed settings that are used for temporary emergency   care under Section 264.107(g).                (2)  "Guardianship services" means the services   provided by the Department of Aging and Disability Services under   Subchapter E, Chapter 161, Human Resources Code.                (3)  "Institution" means a residential facility that is   operated, licensed, registered, certified, or verified by a state   agency other than the department. The term includes a residential   service provider under a Medicaid waiver program authorized under   Section 1915(c) of the federal Social Security Act that provides   services at a residence other than the young adult's own home.                (3-a)  "Trial independence" means the status assigned   to a young adult under Section 263.6015.                (4)  "Young adult" means a person who was in the   conservatorship of the department on the day before the person's   18th birthday or who had the disabilities of minority removed   pursuant to section 31.0011.          SECTION 4.  Section 263.6015 of the Family Code is amended 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 upon having the disabilities of   minority removed pursuant to section 31.011; or                (2)  exits extended foster care before the young   adult's 21st birthday.          (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 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)  Trial independence for a young adult who had the   disabilities of minority removed pursuant to section 31.0011 is   mandatory for a period beginning on the date the young adult's   disabilities of minority were removed by court order and continue   for a period of six months or until the young adult's 18th birthday,   whichever date is later, unless the young adult is cooperating with   the department and the court orders another six month of trial   independence not to exceed one year as described in subsection(c).          (c)  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.          (d)  Except as provided by Subsection (e), a young adult who   enters or reenters extended foster care after a period of trial   independence must complete a new period of trial independence as   provided by Subsection (b)(2).          (e)  The trial independence status of a young adult ends on   the young adult's 21st birthday.          SECTION 5.  Section 263.602, Family Code, is amended to read   as follows:          (a)  Except as provided by Subsection (f), a court that had   jurisdiction over a young adult on the day before the young adult's   18th birthday continues to have extended jurisdiction over the   young adult and shall retain the case on the court's docket while   the young adult is in extended foster care and during trial   independence as described by Section 263.6015.          (b)  A court with extended jurisdiction over a young adult in   extended foster care shall conduct extended foster care review   hearings every six months for the purpose of reviewing and making   findings regarding:                (1)  whether the young adult's living arrangement is   safe and appropriate and whether the department has made reasonable   efforts to place the young adult in the least restrictive   environment necessary to meet the young adult's needs;                (2)  whether the department is making reasonable   efforts to finalize the permanency plan that is in effect for the   young adult, including a permanency plan for independent living;                (3)  whether, for a young adult whose permanency plan   is independent living:                      (A)  the young adult participated in the   development of the plan of service;                      (B)  the young adult's plan of service reflects   the independent living skills and appropriate services needed to   achieve independence by the projected date; and                      (C)  the young adult continues to make reasonable   progress in developing the skills needed to achieve independence by   the projected date; and                (4)  whether additional services that the department is   authorized to provide are needed to meet the needs of the young   adult.          (c)  Not later than the 10th day before the date set for a   hearing under this section, the department shall file with the   court a copy of the young adult's plan of service and a report that   addresses the issues described by Subsection (b).          (d)  Notice of an extended foster care review hearing shall   be given as provided by Rule 21a, Texas Rules of Civil Procedure, to   the following persons, each of whom has a right to present evidence   and be heard at the hearing:                (1)  the young adult who is the subject of the suit;                (2)  the department;                (3)  the foster parent with whom the young adult is   placed and the administrator of a child-placing agency responsible   for placing the young adult, if applicable;                (4)  the director of the residential child-care   facility or other approved provider with whom the young adult is   placed, if applicable;                (5)  each parent of the young adult whose parental   rights have not been terminated and who is still actively involved   in the life of the young adult;                (6)  a legal guardian of the young adult, if   applicable; and                (7)  the young adult's attorney ad litem, guardian ad   litem, and volunteer advocate, the appointment of which has not   been previously dismissed by the court.          (e)  If, after reviewing the young adult's plan of service   and the report filed under Subsection (c), and any additional   testimony and evidence presented at the review hearing, the court   determines that the young adult is entitled to additional services,   the court may order the department to take appropriate action to   ensure that the young adult receives those services.          (e-1)  If the department reports that the young adult is not   participating in the young adults' plan of service in developing   the skills needed to achieve independence, the court shall order   the young adult to obtain the experiential life-skill training   described by Sections 264.121(a-1) and (a-2) and 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;                (4)  the young adult has refused services for a 60-day   period.          (g)  A court with extended jurisdiction described by this   section is not required to conduct periodic hearings described in   this section for a young adult during trial independence and may not   compel a young adult who has elected to not enter or has exited   extended foster care to attend a court hearing. A court with   extended jurisdiction during trial independence may, at the request   of a young adult, conduct a hearing described by Subsection (b) or   by Section 263.6021 to review any transitional living services the   young adult is receiving during trial independence.          (h)  A court shall not order a young adult in extended foster   care to receive temporary emergency care under Section 264.107(g)   in a hotel or other unlicensed setting.          SECTION 6.  Section 263.608, Family Code, is amended as   follows:          (a)  A young adult who consents to the continued jurisdiction   of the court has the same rights as any other adult of the same age.          (b)  The court is prohibited from extending trial   independence status as described by Section 263.6015(c) or   extending jurisdiction over a young adult as described by Section   263.602 if a young adult objects in court or in writing.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   act takes effect September 1, 2023.