Campos Bill Lets The State Seek Early Adulthood For 17-Year-Olds

The text as introduced · 1,404 words

89R13590 AMF-F

By: Campos
H.B. No. 2634

A BILL TO BE ENTITLED

AN ACT

relating to policies and procedures regarding certain young adults

in the conservatorship of the Department of Family and Protective

Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 31, Family Code, is amended by adding

Section 31.0011 to read as follows:

Sec. 31.0011. CHILD IN MANAGING CONSERVATORSHIP OF

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) In this section,

"department" means the Department of Family and Protective

Services.

(b) The department may file a motion to have the

disabilities of minority removed for a child in the department's

conservatorship for the limited purposes described by Subsection

(d) if the child:

(1) is at least 17 years of age; and

(2) either:

(A) has refused services from the department for

a period of not less than 60 days before the date the department

files the motion; or

(B) has been consistently absent from the child's

placement, including an unlicensed setting for temporary emergency

care under Section 264.107(g), for a period of not less than 60 days

before the date the department files the motion.

(c) A motion under this section must be:

(1) filed in the court of continuing exclusive

jurisdiction; and

(2) supported by a sworn affidavit describing the

efforts made by the department to:

(A) engage the child in services; or

(B) return the child to the possession of the

department.

(d) An order removing the disabilities of minority under

this section is for the limited purpose of implementing a period of

trial independence under Section 263.6015 and other limited

purposes ordered by the court.

SECTION 2. Sections 31.002, 31.003, 31.004, and 31.005,

Family Code, are amended to read as follows:

Sec. 31.002. REQUISITES OF PETITION OR MOTION ;

VERIFICATION. (a) The petition or motion for removal of

disabilities of minority must state:

(1) the name, age, and place of residence of the minor

[ petitioner ];

(2) the name and place of residence of each living

parent;

(3) the name and place of residence of the guardian of

the person and the guardian of the estate, if any;

(4) the name and place of residence of the managing

conservator, if any;

(5) the reasons why removal would be in the best

interest of the minor; and

(6) the purposes for which removal is requested.

(b) A parent of the petitioner must verify the petition

under Section 31.001 , except that if a managing conservator or

guardian of the petitioner [ person ] has been appointed, the

petition must be verified by that person. If the person who is to

verify the petition is unavailable or that person's whereabouts are

unknown, the amicus attorney or attorney ad litem shall verify the

petition.

(c) The Department of Family and Protective Services must

verify the motion under Section 31.0011.

Sec. 31.003. VENUE. A [ The ] petitioner shall file the

petition described by Section 31.001 in the county in which the

petitioner resides.

Sec. 31.004. REPRESENTATION OF MINOR [ PETITIONER ]. The

court shall appoint an amicus attorney or attorney ad litem to

represent the interest of the minor [ petitioner ] at the hearing.

Sec. 31.005. ORDER. The court by order, or the Texas

Supreme Court by rule or order, may remove the disabilities of

minority of a minor, including any restriction imposed by Chapter

32, if the court or the Texas Supreme Court finds the removal to be

in the best interest of the minor [ petitioner ]. The order or rule

must state the limited or general purposes for which disabilities

are removed.

SECTION 3. Section 31.008(a), Family Code, is amended to

read as follows:

(a) A party to a suit filed under Section 31.001 [ this

chapter ] may waive the issuance or service of citation after the

suit is filed by filing with the clerk of the court in which the suit

is filed the waiver of the party acknowledging receipt of a copy of

the filed petition.

SECTION 4. Sections 263.601(1) and (4), Family Code, are

amended to read as follows:

(1) "Extended foster care" :

(A) means a residential living arrangement in

which a young adult voluntarily delegates to the department

responsibility for the young adult's placement and care and in

which the young adult resides with a foster parent or other

residential services provider that is:

(i) [ (A) ] licensed or approved by the

department or verified by a licensed or certified child-placing

agency; and

(ii) [ (B) ] paid under a contract with the

department ; and

(B) does not include a temporary emergency care

arrangement under Section 264.107(g) in a hotel or other unlicensed

setting .

(4) "Young adult" means a person who :

(A) was in the conservatorship of the department

on the day before the person's 18th birthday ; or

(B) had the disabilities of minority removed

under Section 31.0011 .

SECTION 5. Section 263.6015, Family Code, is amended by

amending Subsections (a), (b), (c), and (e) and adding Subsections

(b-1), (c-1), and (c-2) to read as follows:

(a) A young adult is assigned trial independence status when

the young adult:

(1) does not enter extended foster care at the time of

the young adult's 18th birthday; [ or ]

(2) exits extended foster care before the young

adult's 21st birthday ; or

(3) has the disabilities of minority removed under

Section 31.0011 .

(b) Except as provided by Subsection (c), a court order is

not required for a young adult to be assigned trial independence

status. Trial independence for a young adult described by Section

263.601(4)(A) is mandatory for a period of at least six months

beginning on:

(1) the date of the young adult's 18th birthday for a

young adult described by Subsection (a)(1); or

(2) the date the young adult exits extended foster

care.

(b-1) Notwithstanding Subsection (b), trial independence

for a young adult described by Section 263.601(4)(B) shall:

(1) begin on the date the young adult's disabilities of

minority were removed by court order; and

(2) end on the later of:

(A) six months after the date the court orders

the removal of the disabilities of minority; or

(B) the young adult's 18th birthday.

(c) For a young adult described by Section 263.601(4)(A), a

[ A ] court may order trial independence status extended for a period

that exceeds the mandatory period under Subsection (b) but does not

exceed one year from the date the period under Subsection (b)

commences.

(c-1) For a young adult described by Section 263.601(4)(B)

who is cooperating with the department, a court may order trial

independence status extended for a period that exceeds the

mandatory period under Subsection (b-1) but does not exceed one

year from the date the period under Subsection (b-1) commences.

(c-2) A court may not extend trial independence status for a

young adult under Subsection (c) or (c-1) if the young adult objects

to the extension in writing or in court.

(e) The trial independence status of a young adult described

by Section 263.601(4)(A) ends on the young adult's 21st birthday.

SECTION 6. Section 263.602, Family Code, is amended by

adding Subsections (e-1) and (h) and amending Subsection (f) to

read as follows:

(e-1) If the department reports that the young adult is not

participating in the young adult's plan of service and developing

the skills necessary to achieve independence, the court shall order

the young adult to obtain experiential life-skills training under

Section 264.121 or through other courses or services identified by

the department as part of the young adult's plan of service.

(f) Unless the court extends its jurisdiction over a young

adult beyond the end of trial independence as provided by Section

263.6021(a) or 263.603(a), the court's extended jurisdiction over a

young adult as described in Subsection (a) terminates on the

earlier of:

(1) the last day of the month in which trial

independence ends; [ or ]

(2) the young adult's 21st birthday ;

(3) the date the young adult withdraws consent to the

extension of the court's jurisdiction in writing or in court; or

(4) the 60th day after the date the young adult refuses

services .

(h) A court may not order a young adult in extended foster

care to be placed in temporary care under Section 264.107(g) in a

hotel or other unlicensed setting.

SECTION 7. This Act takes effect September 1, 2025.