88R13689 MM-D     By: Kolkhorst S.B. No. 1930       A BILL TO BE ENTITLED   AN ACT   relating to policies and procedures regarding children placed by   the Department of Family and Protective Services in a residential   treatment center or qualified residential treatment program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.002, Family Code, is amended by   amending Subsection (b) and adding Subsection (j) to read as   follows:          (b)  A guardian ad litem appointed for the child under this   chapter shall:                (1)  within a reasonable time after the appointment,   interview:                      (A)  the child in a developmentally appropriate   manner, if the child is four years of age or older;                      (B)  each person who has significant knowledge of   the child's history and condition, including educators, child   welfare service providers, and any foster parent of the child; and                      (C)  the parties to the suit;                (2)  seek to elicit in a developmentally appropriate   manner the child's:                      (A)  expressed objectives; and                      (B)  opinion of and concerns regarding the child's   current or proposed placement;                (3)  consider the child's expressed objectives without   being bound by those objectives;                (4)  encourage settlement and the use of alternative   forms of dispute resolution; and                (5)  perform any specific task directed by the court.          (j)  If a child is or may be placed in a residential treatment   center as defined by Section 263.001, a qualified residential   treatment program as defined by Section 263.00201, or a similar   treatment setting, the guardian ad litem:                (1)  shall:                      (A)  review any available information regarding   whether the placement is appropriate to meet the child's specific   needs;                      (B)  meet in person with the child before   providing a recommendation under Paragraph (C); and                      (C)  provide to the court by report or testimony a   recommendation regarding the placement that is in the best interest   of the child; and                (2)  may, as appropriate:                      (A)  request a placement conference; and                      (B)  participate in any conferences conducted by   the Department of Family and Protective Services or the child's   treatment team related to initial and ongoing placement in a   residential treatment center, qualified residential treatment   program, or similar treatment setting unless there is good cause   shown for excluding the guardian ad litem.          SECTION 2.  Section 107.004, Family Code, is amended by   adding Subsection (f) to read as follows:          (f)  If a child is considered for placement in a residential   treatment center as defined by Section 263.001, a qualified   residential treatment program as defined by Section 263.00201, or a   similar treatment setting, the attorney ad litem:                (1)  shall:                      (A)  review any available information related to   the child's needs, including the child and adolescent needs and   strengths assessment, any psychological evaluations, discharge   notices from current or past placements, recent incident reports,   and counseling notes;                      (B)  review any available information regarding   whether the placement is appropriate to meet the child's specific   needs;                      (C)  meet with the child before any hearing to   allow the attorney ad litem to:                            (i)  prepare for the hearing in accordance   with the child's expressed representation objectives; and                            (ii)  elicit, in a developmentally   appropriate manner, the child's opinion of and concerns regarding   the child's current or proposed placement;                      (D)  advise the child in a developmentally   appropriate manner regarding the department's request or   recommendation for placement and the likelihood of the request   being granted; and                      (E)  advocate to the court for the child's   specific desires regarding the requested placement in accordance   with Subsection (a)(2); and                (2)  may, as appropriate:                      (A)  request a placement conference; and                      (B)  participate in any conferences conducted by   the Department of Family and Protective Services or the child's   treatment team related to initial and ongoing placement in a   residential treatment center, qualified residential treatment   program, or similar treatment setting.          SECTION 3.  Section 107.0131(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem appointed under Section 107.013 to   represent the interests of a parent:                (1)  shall:                      (A)  subject to Rules 4.02, 4.03, and 4.04, Texas   Disciplinary Rules of Professional Conduct, and within a reasonable   time after the appointment, interview:                            (i)  the parent, unless the parent's   location is unknown;                            (ii)  each person who has significant   knowledge of the case; and                            (iii)  the parties to the suit;                      (B)  investigate the facts of the case;                      (C)  to ensure competent representation at   hearings, mediations, pretrial matters, and the trial on the   merits:                            (i)  obtain and review copies of all court   files in the suit during the attorney ad litem's course of   representation; and                            (ii)  when necessary, conduct formal   discovery under the Texas Rules of Civil Procedure or the discovery   control plan;                      (D)  take any action consistent with the parent's   interests that the attorney ad litem considers necessary to   expedite the proceedings;                      (E)  encourage settlement and the use of   alternative forms of dispute resolution;                      (F)  review and sign, or decline to sign, a   proposed or agreed order affecting the parent;                      (G)  meet before each court hearing with the   parent, unless the court:                            (i)  finds at that hearing that the attorney   ad litem has shown good cause why the attorney ad litem's compliance   is not feasible; or                            (ii)  on a showing of good cause, authorizes   the attorney ad litem to comply by conferring with the parent, as   appropriate, by telephone or video conference;                      (H)  abide by the parent's objectives for   representation;                      (I)  become familiar with the American Bar   Association's standards of practice for attorneys who represent   parents in abuse and neglect cases; and                      (J)  complete at least three hours of continuing   legal education relating to representing parents in child   protection cases as described by Subsection (b) as soon as   practicable after the attorney ad litem is appointed, unless the   court finds that the attorney ad litem has experience equivalent to   that education; and                (2)  is entitled to:                      (A)  request clarification from the court if the   role of the attorney ad litem is ambiguous;                      (B)  request a hearing or trial on the merits;                      (C)  consent or refuse to consent to an interview   of the parent by another attorney;                      (D)  receive a copy of each pleading or other   paper filed with the court;                      (E)  receive notice of each hearing in the suit;                      (F)  participate in any case staffing conducted by   the Department of Family and Protective Services in which the   parent is invited to participate, including, as appropriate, a case   staffing to develop a family plan of service, a family group   conference, a permanency conference, a mediation, a case staffing   to plan for the discharge and return of the child to the parent, a   case staffing related to a placement in a residential treatment   center or qualified residential treatment program, and any other   case staffing that the department determines would be appropriate   for the parent to attend, but excluding any internal department   staffing or staffing between the department and the department's   legal representative; and                      (G)  attend all legal proceedings in the suit.          SECTION 4.  Section 263.001(a), Family Code, is amended by   adding Subdivision (3-c) to read as follows:                (3-c)  "Residential treatment center" means a general   residential operation licensed under Chapter 42, Human Resources   Code, that provides treatment services.          SECTION 5.  Section 263.002, Family Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  If a child is or may be placed in a residential treatment   center, the court shall determine whether:                (1)  the child's needs can be met through placement in a   family-like setting;                (2)  the recommended or existing program can provide   the most effective and appropriate level of care for the child;                (3)  the recommended or existing program is the least   restrictive setting consistent with the child's best interest and   individual needs; and                (4)  the placement is consistent with the short-term   and long-term goals for the child, as specified by the child's   permanency plan.          (f)  In making a determination under Subsection (e), the   court may consider:                (1)  medical, psychological, or psychiatric   assessments;                (2)  the child's current treatment plan and progress   being made;                (3)  any significant medical, legal, or behavioral   incidents involving the child;                (4)  the reasons for the child's discharge from any   previous placement or the child's current placement;                (5)  the programs available at the facility to address   the child's needs;                (6)  the existing program's plan to discharge the child   after treatment;                (7)  whether there are other programs that more   effectively meet the child's needs; and                (8)  any other information that would assist the court   in making the determination.          SECTION 6.  Section 263.202(b), Family Code, is amended to   read as follows:          (b)  Except as otherwise provided by this subchapter, a   status hearing shall be limited to matters related to the contents   and execution of the service plan filed with the court. The court   shall review the service plan that the department filed under this   chapter for reasonableness, accuracy, and compliance with   requirements of court orders and make findings as to whether:                (1)  a plan that has the goal of returning the child to   the child's parents adequately ensures that reasonable efforts are   made to enable the child's parents to provide a safe environment for   the child;                (2)  the child's parents have reviewed and understand   the plan and have been advised that unless the parents are willing   and able to provide the child with a safe environment, even with the   assistance of a service plan, within the reasonable period of time   specified in the plan, the parents' parental and custodial duties   and rights may be subject to restriction or to termination under   this code or the child may not be returned to the parents;                (3)  the plan is narrowly tailored to address any   specific issues identified by the department; [and]                (4)  the child's parents and the representative of the   department have signed the plan;                (5)  based on the court's determination under Section   263.002, continued placement is appropriate if the child is placed   in a residential treatment center; and                (6)  based on the court's determination under Section   263.00201, continued placement is appropriate if the child is   placed in a qualified residential treatment program.          SECTION 7.  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; [and]                      (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 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 8.  Section 263.5031(a), Family Code, is amended to   read as follows:          (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;                (3)  for a child placed with a relative of the child or   other designated caregiver, review the efforts of the department to   inform the caregiver of:                      (A)  the option to become verified by a licensed   child-placing agency to operate an agency foster home, if   applicable; and                      (B)  the permanency care assistance program under   Subchapter K, Chapter 264; and                (4)  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)  whether the child has been provided the   opportunity, in a developmentally appropriate manner, to identify   any adult, particularly an adult residing in the child's community,   who could be a relative or designated caregiver for the child;                      (C)  whether the department placed the child with   a relative or designated caregiver and 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;                      (D)  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;                      (E)  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;                      (F)  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);                      (G)  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;                      (H)  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;                      (I)  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;                      (J)  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;                      (K)  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]                      (L)  whether the department has identified a   family or other caring adult who has made a permanent commitment to   the child;                      (M)  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                      (N)  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.          SECTION 9.  Section 264.018(a), Family Code, is amended by   amending Subdivision (5) to read as follows:                (5)  "Significant event" means:                      (A)  a placement change, including failure by the   department to locate an appropriate placement for at least one   night;                      (B)  a significant change in medical condition;                      (C)  an initial prescription of a psychotropic   medication or a change in dosage of a psychotropic medication;                      (D)  a major change in school performance or a   serious disciplinary event at school;                      (E)  a placement in a qualified residential   treatment program as that term is defined by 42 U.S.C. Section   672(k)(4) or placement in a residential treatment center as defined   by Section 263.001, including meetings or conferences to determine   the appropriateness of such a placement; or                      (F)  any event determined to be significant under   department rule.          SECTION 10.  This Act takes effect September 1, 2023.