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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures in certain suits affecting the parent-child |
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relationship and the operation of the child protective services and |
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foster care systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.0071(e-1), Family Code, is amended |
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to read as follows: |
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(e-1) Notwithstanding Subsections (d) and (e), a court may |
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decline to enter a judgment on a mediated settlement agreement if |
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the court finds that: |
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(1) a party to the agreement was a victim of family |
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violence, and that circumstance impaired the party's ability to |
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make decisions; or [and] |
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(2) the agreement is not in the child's best interest. |
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SECTION 2. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3013 to read as follows: |
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Sec. 261.3013. CASE CLOSURE AGREEMENTS PROHIBITED. (a) |
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Except as provided by Subsection (b), on closing a case, the |
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department may not enter into a written agreement with a child's |
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parent or another adult with whom the child resides that requires |
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the parent or other adult to take certain actions after the case is |
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closed to ensure the child's safety. |
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(b) This section does not apply to an agreement that is: |
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(1) entered into following the removal of a child; and |
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(2) subject to the approval of a court with continuing |
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jurisdiction over the child. |
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SECTION 3. Subchapter A, Chapter 262, Family Code, is |
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amended by adding Section 262.010 to read as follows: |
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Sec. 262.010. POSITIVE TEST FOR SEXUALLY TRANSMITTED |
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DISEASE. (a) If, during an investigation by the Department of |
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Family and Protective Services, a child younger than 11 years of age |
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tests positive for a sexually transmitted disease, the department |
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shall file an original suit requesting an emergency order under |
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this chapter for possession of the child unless the department |
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determines: |
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(1) based on medical evidence, that a finding of |
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sexual abuse of the child is not supported; or |
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(2) after interviewing the child, that the perpetrator |
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of the abuse was not a parent of the child or another adult living in |
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the same home as the child. |
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(b) In a suit filed under Subsection (a), the court shall |
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order the parents of the child, each adult living in the same home |
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as the child, and any caregiver who is an alleged perpetrator of |
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sexual abuse of the child to undergo medically appropriate |
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diagnostic testing for sexually transmitted diseases. If a parent |
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or an adult living in the same home as the child refuses to submit to |
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the court-ordered testing, the court shall render an appropriate |
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order naming the department as managing conservator of the child |
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and making any other order the court determines necessary to |
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protect the child. |
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SECTION 4. Section 262.1015, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), if the Department of |
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Family and Protective Services determines that a protective order |
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issued under Title 4 provides a reasonable alternative to obtaining |
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an order under that subsection, the department may: |
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(1) file an application for a protective order on |
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behalf of the child instead of or in addition to obtaining a |
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temporary restraining order under this section; or |
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(2) assist a parent or other adult with whom a child |
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resides in obtaining a protective order. |
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SECTION 5. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1062 to read as follows: |
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Sec. 264.1062. PUBLISHING PERFORMANCE DATA FOR PERSONS WHO |
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PROVIDE SUBSTITUTE CARE SERVICES. The department shall publish on |
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the department's Internet website performance data for each person |
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providing substitute care services under a contract with the |
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department. |
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SECTION 6. Section 264.118(a), Family Code, is amended to |
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read as follows: |
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(a) The department shall collect and report service and |
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outcome information for certain current and former foster care |
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youth for use in the National Youth in Transition Database as |
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required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80 |
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et seq [conduct an annual random survey of a sample of children from
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each region of the state who are at least 14 years of age and who
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receive substitute care services. The survey must include
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questions regarding:
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[(1) the quality of the substitute care services
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provided to the child;
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[(2) any improvements that could be made to better
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support the child; and
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[(3) any other factor that the department considers
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relevant to enable the department to identify potential program
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enhancements]. |
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SECTION 7. Section 40.036, Human Resources Code, is amended |
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to read as follows: |
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Sec. 40.036. ENHANCED TRAINING OF CHILD PROTECTIVE SERVICES |
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CASEWORKERS. To improve the quality and consistency of training |
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provided to child protective services caseworkers, the department |
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shall: |
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(1) augment classroom-based training with a blended |
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learning environment using computer-based modules, structured |
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field experience, and simulation for skills development; |
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(2) use a core curriculum for all new department |
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caseworkers and specialized training for specific jobs; |
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(3) require that department caseworkers transferring |
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from one specialty to another must complete the core curriculum and |
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advanced training for the new specialty before assuming their new |
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responsibilities; [and] |
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(4) centralize accountability and oversight of all |
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department training in order to ensure statewide consistency; and |
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(5) require department caseworkers to receive |
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training relating to the benefits of using a protective order under |
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Title 4, Family Code, to protect a child as an alternative to |
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removing the child from the child's home. |
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SECTION 8. Subchapter I, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1811 to read as follows: |
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Sec. 521.1811. WAIVER OF FEES FOR FOSTER CARE YOUTH. A |
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person is exempt from the payment of any fee for the issuance of a |
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driver's license, as provided under this chapter, if that person |
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is: |
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(1) younger than 18 years of age and in the managing |
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conservatorship of the Department of Family and Protective |
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Services; or |
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(2) at least 18 years of age, but younger than 21 years |
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of age, and resides in a foster care placement, the cost of which is |
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paid by the Department of Family and Protective Services. |
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SECTION 9. (a) The Department of Family and Protective |
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Services shall implement a redesign of the foster care system, in |
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accordance with the recommendations contained in the department's |
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December 2010 Foster Care Redesign report submitted to the |
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legislature. |
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(b) The goal of the foster care system redesign is to |
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improve outcomes for children and families by ensuring that: |
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(1) a child is placed in the child's home community so |
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that the child is able to maintain personal connections and |
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educational continuity; |
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(2) a child is placed in the least restrictive setting |
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that meets the child's needs; |
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(3) a child is served by a provider who will ensure the |
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full continuum of care in a designated geographic area, supporting |
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minimal placement moves and decreased placement disruptions; |
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(4) a child is placed with the child's siblings |
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whenever safe and appropriate; |
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(5) a child's culture will be respected; |
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(6) a child is provided opportunities, experiences, |
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and activities similar to those experienced by children who are not |
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in foster care; and |
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(7) a child is provided opportunities to participate |
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in decisions that impact the child's life. |
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(c) The Health and Human Services Commission may use payment |
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rates for foster care under the redesigned system that are |
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different from those used on the effective date of this Act for |
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24-hour residential child care. Payment rates for foster care |
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under the redesigned system must be based on performance targets |
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and may include incentive payments for superior performance, as |
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well as funding for additional services provided to families not |
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historically included in 24-hour residential child-care rates. |
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Payment rates under foster care redesign may not result in total |
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expenditures for any fiscal year that exceed the amounts |
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appropriated for fiscal year 2012 by the 82nd Legislature for |
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foster care and other purchased services, except to the extent that |
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any increase in total expenditures is the direct result of caseload |
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growth. |
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(d) The Department of Family and Protective Services may |
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phase in the implementation of the foster care redesign over a |
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reasonable time, during which the department may continue to |
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reimburse some foster care providers under the 24-hour residential |
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child-care rates in effect on the effective date of this Act, while |
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using alternative payment rates for other foster care providers |
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during the phase-in period for implementation of the foster care |
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redesign. |
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(e) Not later than December 1, 2012, the Department of |
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Family and Protective Services shall submit a status report on the |
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implementation of this section to the Senate Finance Committee, the |
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Senate Committee on Health and Human Services, the House Committee |
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on Appropriations, the House Human Services Committee, the |
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Legislative Budget Board, and the governor. The report must |
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include the department's findings and any recommendations for |
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improvements to the system. |
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SECTION 10. This Act takes effect September 1, 2011. |