85R2697 YDB-D     By: Wu H.B. No. 707       A BILL TO BE ENTITLED   AN ACT   relating to certain service plans for children in the care of the   Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 262.201, Family Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  If the court finds sufficient evidence to satisfy a   person of ordinary prudence and caution that there is a continuing   danger to the physical health or safety of the child and for the   child to remain in the home is contrary to the welfare of the child,   the court shall:                (1)  issue an appropriate temporary order under Chapter   105;                (2)  [.  The court shall] require each parent, alleged   father, or relative of the child before the court to:                      (A)  complete the proposed child placement   resources form provided under Section 261.307;                      (B)  [and] file the form with the court, if the   form has not been previously filed with the court;[,] and                      (C)  provide the Department of Family and   Protective Services with information necessary to locate any other   absent parent, alleged father, or relative of the child;                (3)  [.  The court shall] inform each parent, alleged   father, or relative of the child before the court that the person's   failure to submit the proposed child placement resources form will   not delay any court proceedings relating to the child;                (4)  [.  The court shall] inform each parent in open   court that parental and custodial rights and duties may be subject   to restriction or to termination unless the parent or parents are   willing and able to provide the child with a safe environment; and                (5)  unless the court has waived the requirement of a   service plan on the court's finding of aggravated circumstances   under Section 262.2015, after reviewing the basic service plan   required under Section 262.206 and making any change or   modification the court considers necessary, incorporate the plan   into the order of the court and render any additional appropriate   order to implement or require compliance with the plan.          (c-1)  If the court finds that the child requires protection   from family violence by a member of the child's family or household,   the court shall render a protective order under Title 4 for the   child. In this subsection, "family violence" has the meaning   assigned by Section 71.004.          SECTION 2.  Subchapter C, Chapter 262, Family Code, is   amended by adding Section 262.206 to read as follows:          Sec. 262.206.  BASIC SERVICE PLAN. (a) The Department of   Family and Protective Services shall develop a uniform basic family   service plan to be filed with the court at each full adversary   hearing held under Section 262.201.          (b)  The basic service plan must:                (1)  be in writing;                (2)  specify the primary permanency goal for the child;                (3)  state the steps necessary to:                      (A)  return the child to the child's home if the   child is placed in foster care;                      (B)  enable the child to remain in the child's   home with the assistance of a service plan if the child's placement   is in the child's home under the department's supervision; or                      (C)  otherwise provide a safe placement for the   child;                (4)  state the basic actions the child's parents must   take to achieve the plan goal during the period of the service plan   and the assistance to be provided to the parents by the department   or other agency toward meeting that goal;                (5)  state any basic skill or knowledge that the child's   parents must acquire or learn and any basic behavioral change the   parents must exhibit to achieve the plan goal;                (6)  state the initial actions the child's parents must   take to ensure that the child attends school and maintains or   improves the child's academic compliance;                (7)  prescribe any other basic condition that the   department determines necessary for the success of the service   plan; and                (8)  be printed in English, Spanish, and any other   language the department considers appropriate.          (c)  The basic service plan must include the following   statement:          TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE   OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE   ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. AT   THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN, MODIFY THE   PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH THE PLAN. IF YOU ARE   UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT,   YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR   TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. AT THE INITIAL   COURT HEARING, A JUDGE WILL REVIEW THIS BASIC SERVICE PLAN.          (d)  The basic service plan may not include an allegation of   abuse or neglect of the child or a restatement of the facts of the   case. An allegation of abuse or neglect or a restatement of the   facts of the case in a basic service plan is inadmissible in court   as evidence.          (e)  Not later than the fifth business day after the date the   full adversary hearing is held under Section 262.201, the   department shall:                (1)  make all referrals necessary for the parents to   comply with the parents' responsibilities under the basic service   plan; and                (2)  provide to the parents an accurate list of   approved providers who provide those services in the department   region in which the parent resides.          SECTION 3.  The heading to Subchapter B, Chapter 263, Family   Code, is amended to read as follows:   SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN          SECTION 4.  Sections 263.101, 263.102, and 263.103, Family   Code, are amended to read as follows:          Sec. 263.101.  DEPARTMENT TO FILE INDIVIDUALIZED SERVICE   PLAN. Except as provided by Section 262.2015, [not later than the   45th day] after the date the court renders a temporary order   appointing the department as temporary managing conservator of a   child under Chapter 262 and before the date of the status hearing   required under Subchapter C, the department shall file with the   court an individualized [a] service plan.          Sec. 263.102.  INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a)   The individualized service plan must:                (1)  be specific;                (2)  be in writing in a language that the parents   understand, or made otherwise available;                (3)  be prepared by the department in conference with   the child's parents;                (4)  state appropriate deadlines;                (5)  specify the primary permanency goal and at least   one alternative permanency goal;                (6)  state steps that are necessary to:                      (A)  return the child to the child's home if the   placement is in foster care;                      (B)  enable the child to remain in the child's   home with the assistance of a service plan if the placement is in   the home under the department's supervision; or                      (C)  otherwise provide a permanent safe placement   for the child;                (7)  state the actions and responsibilities that are   necessary for the child's parents to take to achieve the plan goal   during the period of the service plan and the assistance to be   provided to the parents by the department or other agency toward   meeting that goal;                (8)  state any specific skills or knowledge that the   child's parents must acquire or learn, as well as any behavioral   changes the parents must exhibit, to achieve the plan goal;                (9)  state the actions and responsibilities that are   necessary for the child's parents to take to ensure that the child   attends school and maintains or improves the child's academic   compliance;                (10)  state the name of the person with the department   whom the child's parents may contact for information relating to   the child if other than the person preparing the plan; and                (11)  prescribe any other term or condition that the   department determines to be necessary to the service plan's   success.          (b)  The individualized service plan must [shall] include   the following statement:          TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ITS]   PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE   ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF   YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE   ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE   RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.   AT [THERE WILL BE] A COURT HEARING, [AT WHICH] A JUDGE WILL REVIEW   THIS INDIVIDUALIZED SERVICE PLAN, MODIFY THE PLAN IF NECESSARY,   INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE COMPLIANCE   WITH THE PLAN.          (c)  The individualized service plan may not include an   allegation of abuse or neglect of the child or a restatement of the   facts of the case. An allegation of abuse or neglect or a   restatement of the facts of the case in an individualized service   plan is inadmissible in the court as evidence.          (c-1)  The department shall provide with the individualized   service plan a list of approved providers in the department service   area in which the parent resides of the services necessary for the   parents to comply with the plan. The department shall maintain the   accuracy of the provider list.          (d)  The department or other authorized entity must write the   individualized service plan in a manner that is clear and   understandable to the parent in order to facilitate the parent's   ability to follow the requirements of the service plan.          (e)  Regardless of whether the goal stated in a child's   individualized service plan as required under Subsection (a)(5) is   to return the child to the child's parents or to terminate parental   rights and place the child for adoption, the department shall   concurrently provide to the child and the child's family, as   applicable:                (1)  time-limited family reunification services as   defined by 42 U.S.C. Section 629a for a period not to exceed the   period within which the court must render a final order in or   dismiss the suit affecting the parent-child relationship with   respect to the child as provided by Subchapter E; and                (2)  adoption promotion and support services as defined   by 42 U.S.C. Section 629a.          (f)  The department shall consult with relevant   professionals to determine the skills or knowledge that the parents   of a child under two years of age should learn or acquire to provide   a safe placement for the child. The department shall incorporate   those skills and abilities into the department's individualized   service plans, as appropriate.          Sec. 263.103.  INDIVIDUALIZED [ORIGINAL] SERVICE PLAN:   SIGNING AND TAKING EFFECT. (a) The individualized [original]   service plan shall be developed jointly by the child's parents and a   representative of the department. The department representative   shall inform[, including informing] the parents of their rights in   connection with the service plan process. If a parent is not able   or willing to participate in the development of the service plan, it   should be so noted in the plan.          (a-1)  Before the individualized [original] service plan is   signed, the child's parents and the representative of the   department shall discuss each term and condition of the plan.          (b)  The child's parents and the person preparing the   individualized [original] service plan shall sign the plan, and the   department shall give each parent a copy of the service plan.          (c)  If the department determines that the child's parents   are unable or unwilling to participate in the development of the   individualized [original] service plan or sign the plan, the   department may file the plan without the parents' signatures.          (d)  The individualized [original] service plan takes effect   when:                (1)  the child's parents and the appropriate   representative of the department sign the plan; or                (2)  the court issues an order giving effect to the plan   without the parents' signatures.          (e)  The individualized [original] service plan is in effect   until amended by the court or as provided under Section 263.104.          SECTION 5.  Section 263.105(c), Family Code, is amended to   read as follows:          (c)  The court may modify an individualized [original] or   amended service plan at any time.          SECTION 6.  Section 263.106, Family Code, is amended to read   as follows:          Sec. 263.106.  COURT IMPLEMENTATION OF SERVICE PLAN. After   reviewing the individualized [original] or any amended service plan   and making any changes or modifications it deems necessary, the   court shall incorporate the individualized [original] and any   amended service plan into the orders of the court and may render   additional appropriate orders to implement or require compliance   with the [an original or amended service] plan.          SECTION 7.  (a) The Department of Family and Protective   Services shall develop the uniform basic service plan as required   by Section 262.206, Family Code, as added by this Act, not later   than December 1, 2017.          (b)  The changes in law made by this Act apply only to a   service plan filed for a full adversary hearing held under Section   262.201, Family Code, or a status hearing held under Chapter 263,   Family Code, on or after January 1, 2018. A hearing held before   that date is governed by the law in effect immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 8.  This Act takes effect September 1, 2017.