By: Leo Wilson, et al. (Senate Sponsor - Sparks) H.B. No. 2399          (In the Senate - Received from the House May 19, 2025;   May 19, 2025, read first time and referred to Committee on Health &   Human Services; May 26, 2025, reported favorably by the following   vote:  Yeas 8, Nays 0; May 26, 2025, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the requirements for certain court orders in a suit   affecting the parent-child relationship filed by the Department of   Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 263.002, Family Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  The court shall include in a separate section of its   order written findings describing with specificity the factual   basis for the court's determination under Subsection (c). Citing   the record of the proceedings or incorporating the record by   reference is insufficient to meet the requirements of this   subsection.  This section of the court's order may not be admitted   into evidence in a final trial in a suit affecting the parent-child   relationship.          SECTION 2.  Section 263.306, Family Code, is amended by   amending Subsection (a-1) and adding Subsection (a-2) to read as   follows:          (a-1)  At each permanency hearing before a final order is   rendered, the court shall:                (1)  identify all persons and parties present at the   hearing;                (2)  review the efforts of the department or other   agency in:                      (A)  locating and requesting service of citation   on all persons entitled to service of citation under Section   102.009; and                      (B)  obtaining the assistance of a parent in   providing information necessary to locate an absent parent, alleged   father, relative of the child, or other adult identified by the   child as a potential relative or designated caregiver;                (3)  ask all parties present whether the child or the   child's family has a Native American heritage and identify any   Native American tribe with which the child may be associated;                (4)  review the extent of the parties' compliance with   temporary orders and the service plan and the extent to which   progress has been made toward alleviating or mitigating the causes   necessitating the placement of the child in foster care;                (5)  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)  the appropriateness of the primary and   alternative permanency goals for the child developed in accordance   with department rule and whether the department has made reasonable   efforts to finalize the permanency plan, including the concurrent   permanency goals, in effect for the child;                      (D)  whether the child has been provided the   opportunity, in a developmentally appropriate manner, to express   the child's opinion on any medical care provided;                      (E)  whether the child has been provided the   opportunity, in a developmentally appropriate manner, to identify   any adults, particularly an adult residing in the child's   community, who could be a relative or designated caregiver for the   child;                      (F)  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;                      (G)  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 have been major   changes in the child's school performance or there have been   serious disciplinary events;                      (H)  for a child 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;                      (I)  for a child whose permanency goal is another   planned permanent living arrangement:                            (i)  the desired permanency outcome for the   child, by asking the child;                            (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;                            (iii)  whether the department has conducted   an independent living skills assessment under Section   264.121(a-3);                            (iv)  whether the department has addressed   the goals identified in the child's permanency plan, including the   child's housing plan, and the results of the independent living   skills assessment;                            (v)  if the youth is 16 years of age or   older, whether there is evidence that the department has provided   the youth with the documents and information listed in Section   264.121(e); and                            (vi)  if the youth is 18 years of age or   older or has had the disabilities of minority removed, whether   there is evidence that the department has provided the youth with   the documents and information listed in Section 264.121(e-1);                      (J)  based on the court's determination under   Section 263.002, whether continued placement is appropriate if the   child is placed in a residential treatment center; and                      (K)  based on the court's determination under   Section 263.00201, whether continued placement is appropriate if   the child is placed in a qualified residential treatment program;                (6)  determine whether to return the child to the   child's parents in accordance with Section 263.002(c) [if the   child's parents are willing and able to provide the child with a   safe environment and the return of the child is in the child's best   interest];                (7)  estimate a likely date by which the child may be   returned to and safely maintained in the child's home, placed for   adoption, or placed in permanent managing conservatorship; and                (8)  announce in open court the dismissal date and the   date of any upcoming hearings.          (a-2)  If the court determines under Subsection (a-1)(6) not   to return the child to the child's parents in accordance with   Section 263.002(c), the court shall include in a separate section   of its order written findings describing with specificity the   factual basis for the court's determination. Citing the record of   the proceedings or incorporating the record by reference is   insufficient to meet the requirements of this subsection.          SECTION 3.  Section 263.002(d), Family Code, is repealed.          SECTION 4.  The change in law made by this Act applies to a   suit affecting the parent-child relationship that is pending in a   trial court on the effective date of this Act or that is filed on or   after the effective date of this Act.          SECTION 5.  This Act takes effect September 1, 2025.     * * * * *