89R5884 MM-D     By: Zaffirini S.B. No. 2014       A BILL TO BE ENTITLED   AN ACT   relating to policies and procedures regarding certain suits   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.  Sections 161.001(d-1), (f), and (g), Family   Code, are amended to read as follows:          (d-1)  The court may not order termination under Subsection   (b)(1)(M) unless the petition for the termination of the   parent-child relationship is filed not later than the first   anniversary of the date the department or an equivalent agency in   another state was granted permanent managing conservatorship of a   child in the case that resulted in the termination of the   parent-child relationship with respect to that child based on a   finding that the parent's conduct violated Subsection (b)(1)(D) or   (E) or substantially equivalent provisions of the law of another   state.          (f)  In a suit for termination of the parent-child   relationship filed by the Department of Family and Protective   Services, the court may not order termination of the parent-child   relationship under Subsection (b)(1) unless the court finds by   clear and convincing evidence [and describes in writing with   specificity in a separate section of the order] that:                (1)  the department made reasonable efforts to return   the child to the parent before commencement of a trial on the merits   and despite those reasonable efforts, a continuing danger remains   in the home that prevents the return of the child to the parent; or                (2)  reasonable efforts to return the child to the   parent, including the requirement for the department to provide a   family service plan to the parent, have been waived under Section   262.2015.          (g)  In a suit for termination of the parent-child   relationship filed by the Department of Family and Protective   Services in which the trier of fact found that the department made   reasonable efforts to return the child to the child's home but a   continuing danger in the home prevented the child's return, the   court shall include in a separate section of its order written   findings describing with specificity the reasonable efforts the   department made to return the child to the child's home.          SECTION 2.  The heading to Subchapter D, Chapter 161, Family   Code, is amended to read as follows:   SUBCHAPTER D.  REINSTATEMENT OF PARENTAL RIGHTS AFTER [INVOLUNTARY]   TERMINATION          SECTION 3.  Sections 161.302(a), (b), and (d), Family Code,   are amended to read as follows:          (a)  The following persons may file a petition under this   subchapter requesting the court to reinstate the parental rights of   a former parent whose parental rights were [involuntarily]   terminated under Section 161.001, [or] 161.003, or 161.005:                (1)  the department;                (2)  the single source continuum contractor under   Subchapter B-1, Chapter 264, with responsibility for the child who   is the subject of the petition;                (3)  the attorney ad litem for the child who is the   subject of the petition; or                (4)  the former parent whose parental rights were   [involuntarily] terminated.          (b)  A petition for the reinstatement of parental rights may   be filed under this subchapter only if:                (1)  [the termination of parental rights resulted from   a suit filed by the department;                [(2)]  at least two years have passed since the   issuance of the order terminating the former parent's parental   rights and an appeal of the order is not pending;                (2) [(3)]  the child has not been adopted;                (3) [(4)]  the child is not the subject of an adoption   placement agreement; and                (4) [(5)]  the petitioner has provided the notice   required by Subsection (d), if the petitioner is the former parent   whose parental rights are sought to be reinstated.          (d)  Before a former parent whose parental rights have been   [involuntarily] terminated may file a petition for reinstatement   under this subchapter, the former parent, at least 45 days before   the petition is filed, must notify the department of the former   parent's intent to file the petition.  The commissioner shall   create a form to be used by a former parent for that notice that   includes the information listed in Subsection (c).  A copy of the   notice must be filed with the petition.          SECTION 4.  Subchapter C, Chapter 201, Family Code, is   amended by adding Section 201.2043 to read as follows:          Sec. 201.2043.  PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE   COMMUNICATION. (a) In this section, "remote communication"   includes teleconferencing, videoconferencing, and any similar   technology.          (b)  Unless a party or an attorney ad litem for a child files   a written objection and except as provided by Subsection (d), an   associate judge appointed under this subchapter may conduct a   proceeding or perform a judicial action authorized under Section   201.204 from any location in this state using remote communication.          (c)  Except as provided by Subsection (d), an associate judge   appointed under this subchapter may require or authorize a party to   participate in a proceeding authorized under Section 201.204 using   a method of remote communication available to the party.          (d)  A respondent is entitled to appear in person at a final   hearing that may result in the termination of the respondent's   parental rights under Chapter 161 or the award of permanent   managing conservatorship of the respondent's child to the   department. The respondent may waive the right to appear in person   at the hearing in writing or on the record. Unless the respondent   waives that right, the associate judge must also appear at the   hearing in person.          SECTION 5.  Section 263.306(a-1), Family Code, is amended 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.          SECTION 6.  Sections 264.203(q), (r), and (s), Family Code,   are amended to read as follows:          (q)  An order rendered under this section expires on the   180th day after the date the order is rendered [signed] unless the   court extends the order as provided by Subsection (r) or (s).          (r)  The court may extend an order rendered under this   section on a showing by any party [the department] of a continuing   need for the order, after notice and hearing.  Except as provided by   Subsection (s), the court may extend the order only one time for not   more than 180 days.          (s)  The court may extend an order rendered under this   section for not more than an additional 180 days only if[:                [(1)]  the court finds that:                (1) [(A)]  the extension is necessary to allow the   person required to participate in services under the plan of   service time to complete those services;                (2) [(B)]  the department made a good faith effort to   timely provide the services to the person;                (3) [(C)]  the person made a good faith effort to   complete the services; and                (4) [(D)]  the completion of the services is necessary   to ensure the physical health and safety of the child [; and                [(2)  the extension is requested by the person or the   person's attorney].          SECTION 7.  The changes in law made by this Act apply only to   a suit affecting the parent-child relationship that is filed on or   after the effective date of this Act.  A suit filed before the   effective date of this Act is governed by the law in effect on the   date the suit is filed, and the former law is continued in effect   for that purpose.          SECTION 8.  The change in law made by Section 201.2043,   Family Code, as added by this Act applies only to a proceeding   conducted or judicial action performed on or after the effective   date of this Act.          SECTION 9.  This Act takes effect September 1, 2025.