85R25538 MM-D     By: Giddings H.B. No. 3109     Substitute the following for H.B. No. 3109:     By:  Minjarez C.S.H.B. No. 3109       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of a guardian ad litem or an attorney ad   litem for a child in the conservatorship of the Department of Family   and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.016, Family Code, is amended to read   as follows:          Sec. 107.016.  CONTINUED REPRESENTATION; DURATION OF   APPOINTMENT. In a suit filed by a governmental entity in which   termination of the parent-child relationship or appointment of the   entity as conservator of the child is requested:                (1)  an order appointing the Department of Family and   Protective Services as the child's managing conservator may provide   for the continuation of the appointment of the guardian ad litem [or   attorney ad litem] for the child for any period during the time the   child remains in the conservatorship of the department, as set by   the court; [and]                (2)  subject to Section 263.4042, an order appointing   the Department of Family and Protective Services as the child's   managing conservator shall provide for the continuation of the   appointment of the attorney ad litem for the child as long as the   child remains in the conservatorship of the department; and                (3)  an attorney appointed under this subchapter to   serve as an attorney ad litem for a parent or an alleged father   continues to serve in that capacity until the earliest of:                      (A)  the date the suit affecting the parent-child   relationship is dismissed;                      (B)  the date all appeals in relation to any final   order terminating parental rights are exhausted or waived; or                      (C)  the date the attorney is relieved of the   attorney's duties or replaced by another attorney after a finding   of good cause is rendered by the court on the record.          SECTION 2.  Subchapter E, Chapter 263, Family Code, is   amended by adding Section 263.4042 to read as follows:          Sec. 263.4042.  CONTINUED APPOINTMENT OF ATTORNEY AD LITEM   AFTER FINAL ORDER.  (a)  On the entry of a final order terminating   the parent-child relationship and naming the Department of Family   and Protective Services as the child's managing conservator, the   court may discharge the attorney ad litem appointed for the child if   the court finds that:                (1)  the child has a representative authorized by the   court to represent the legal interests of the child and discharge of   the attorney ad litem is in the child's best interest; or                (2)  the child:                      (A)  resides in the home identified in the child's   permanency plan as the child's permanent home;                      (B)  has an attorney ad litem or guardian ad litem   who does not object to the child's permanency plan; and                      (C)  has resided in the home described by   Paragraph (A) for at least three months.          (b)  If a court renders an order discharging a child's   attorney ad litem under Subsection (a), at each permanency hearing   following the final order held under Section 263.501, the court   shall make the findings required by Section 263.5031.          SECTION 3.  Section 263.5031, Family Code, is amended to   read as follows:          Sec. 263.5031.  PERMANENCY HEARINGS FOLLOWING FINAL ORDER.     (a)  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;                      (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.          (b)  At each permanency hearing after the court renders a   final order, the court:                (1)  for a child who is not represented by an attorney   ad litem shall:                      (A)  determine whether the child requires   representation by an attorney ad litem under Section 107.016; and                      (B)  if the court declines to appoint an attorney   ad litem for the child, state the reason for declining to appoint an   attorney ad litem; and                (2)  for a child who is represented by an attorney ad   litem:                      (A)  shall consider the need for continued   appointment of the attorney ad litem for the child; and                      (B)  may discharge the attorney ad litem appointed   for the child if the court finds that:                            (i)  the child is eligible for adoption and   living in the home identified in the permanency plan as the child's   permanent home;                            (ii)  the child's attorney ad litem or   guardian ad litem does not object to the child's permanency plan;   and                            (iii)  the child has resided in the home   described by Subparagraph (i) for at least three months.          SECTION 4.  The changes in law made by this Act apply to a   suit affecting the parent-child relationship filed before, on, or   after the effective date of this Act.          SECTION 5.  This Act takes effect September 1, 2017.