Active efforts required in child welfare cases

The text as introduced · 6,924 words

89R3745 MM-D

By: Sparks
S.B. No. 620

A BILL TO BE ENTITLED

AN ACT

relating to applying an active efforts standard for the removal of

certain children in the managing conservatorship of the Department

of Family and Protective Services.

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

SECTION 1. Sections 161.001(a), (b), (f), and (g), Family

Code, are amended to read as follows:

(a) In this section :

(1) "Active efforts" has the meaning described by

Section 262.0001.

(2) "Born [ , "born ] addicted to alcohol or a controlled

substance" means a child:

(A) [ (1) ] who is born to a mother who during the

pregnancy used a controlled substance, as defined by Chapter 481,

Health and Safety Code, other than a controlled substance legally

obtained by prescription, or alcohol; and

(B) [ (2) ] who, after birth as a result of the

mother's use of the controlled substance or alcohol:

(i) [ (A) ] experiences observable

withdrawal from the alcohol or controlled substance;

(ii) [ (B) ] exhibits observable or harmful

effects in the child's physical appearance or functioning; or

(iii) [ (C) ] exhibits the demonstrable

presence of alcohol or a controlled substance in the child's bodily

fluids.

(b) The court may order termination of the parent-child

relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the

possession of another not the parent and expressed an intent not to

return;

(B) voluntarily left the child alone or in the

possession of another not the parent without expressing an intent

to return, without providing for the adequate support of the child,

and remained away for a period of at least three months;

(C) voluntarily left the child alone or in the

possession of another without providing adequate support of the

child and remained away for a period of at least six months;

(D) knowingly placed or knowingly allowed the

child to remain in conditions or surroundings which endanger the

physical or emotional well-being of the child;

(E) engaged in conduct or knowingly placed the

child with persons who engaged in conduct which endangers the

physical or emotional well-being of the child;

(F) failed to support the child in accordance

with the parent's ability during a period of one year ending within

six months of the date of the filing of the petition;

(G) abandoned the child without identifying the

child or furnishing means of identification, and the child's

identity cannot be ascertained by the exercise of reasonable

diligence;

(H) voluntarily, and with knowledge of the

pregnancy, abandoned the mother of the child beginning at a time

during her pregnancy with the child and continuing through the

birth, failed to provide adequate support or medical care for the

mother during the period of abandonment before the birth of the

child, and remained apart from the child or failed to support the

child since the birth;

(I) contumaciously refused to submit to a

reasonable and lawful order of a court under Subchapter D, Chapter

261;

(J) been the major cause of:

(i) the failure of the child to be enrolled

in school as required by the Education Code; or

(ii) the child's absence from the child's

home without the consent of the parents or guardian for a

substantial length of time or without the intent to return;

(K) executed before or after the suit is filed an

unrevoked or irrevocable affidavit of relinquishment of parental

rights as provided by this chapter;

(L) been convicted or has been placed on

community supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code, or under a law of another jurisdiction that contains elements

that are substantially similar to the elements of an offense under

one of the following Penal Code sections, or adjudicated under

Title 3 for conduct that caused the death or serious injury of a

child and that would constitute a violation of one of the following

Penal Code sections:

(i) Section 19.02 (murder);

(ii) Section 19.03 (capital murder);

(iii) Section 19.04 (manslaughter);

(iv) Section 21.11 (indecency with a

child);

(v) Section 22.01 (assault);

(vi) Section 22.011 (sexual assault);

(vii) Section 22.02 (aggravated assault);

(viii) Section 22.021 (aggravated sexual

assault);

(ix) Section 22.04 (injury to a child,

elderly individual, or disabled individual);

(x) Section 22.041 (abandoning or

endangering a child, elderly individual, or disabled individual);

(xi) Section 25.02 (prohibited sexual

conduct);

(xii) Section 43.25 (sexual performance by

a child);

(xiii) Section 43.26 (possession or

promotion of child pornography);

(xiv) Section 21.02 (continuous sexual

abuse of young child or disabled individual);

(xv) Section 20A.02(a)(7) or (8)

(trafficking of persons); and

(xvi) Section 43.05(a)(2) (compelling

prostitution);

(M) had his or her parent-child relationship

terminated with respect to another child based on a finding that the

parent's conduct was in violation of Paragraph (D) or (E) or

substantially equivalent provisions of the law of another state;

(N) constructively abandoned the child who has

been in the permanent or temporary managing conservatorship of the

Department of Family and Protective Services for not less than six

months, and:

(i) the department has made active

[ reasonable ] efforts to return the child to the parent;

(ii) the parent has not regularly visited

or maintained significant contact with the child; and

(iii) the parent has demonstrated an

inability to provide the child with a safe environment;

(O) failed to comply with the provisions of a

court order that specifically established the actions necessary for

the parent to obtain the return of the child who has been in the

permanent or temporary managing conservatorship of the Department

of Family and Protective Services for not less than nine months as a

result of the child's removal from the parent under Chapter 262 for

the abuse or neglect of the child;

(P) used a controlled substance, as defined by

Chapter 481, Health and Safety Code, in a manner that endangered the

health or safety of the child, and:

(i) failed to complete a court-ordered

substance abuse treatment program; or

(ii) after completion of a court-ordered

substance abuse treatment program, continued to abuse a controlled

substance;

(Q) knowingly engaged in criminal conduct that

has resulted in the parent's:

(i) conviction of an offense; and

(ii) confinement or imprisonment and

inability to care for the child for not less than two years from the

date of filing the petition;

(R) been the cause of the child being born

addicted to alcohol or a controlled substance, other than a

controlled substance legally obtained by prescription;

(S) voluntarily delivered the child to a

designated emergency infant care provider under Section 262.302

without expressing an intent to return for the child;

(T) been convicted of:

(i) the murder of the other parent of the

child under Section 19.02 or 19.03, Penal Code, or under a law of

another state, federal law, the law of a foreign country, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

19.02 or 19.03, Penal Code;

(ii) criminal attempt under Section 15.01,

Penal Code, or under a law of another state, federal law, the law of

a foreign country, or the Uniform Code of Military Justice that

contains elements that are substantially similar to the elements of

an offense under Section 15.01, Penal Code, to commit the offense

described by Subparagraph (i);

(iii) criminal solicitation under Section

15.03, Penal Code, or under a law of another state, federal law, the

law of a foreign country, or the Uniform Code of Military Justice

that contains elements that are substantially similar to the

elements of an offense under Section 15.03, Penal Code, of the

offense described by Subparagraph (i); or

(iv) the sexual assault of the other parent

of the child under Section 22.011 or 22.021, Penal Code, or under a

law of another state, federal law, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 22.011 or 22.021, Penal

Code;

(U) been placed on community supervision,

including deferred adjudication community supervision, or another

functionally equivalent form of community supervision or

probation, for being criminally responsible for the sexual assault

of the other parent of the child under Section 22.011 or 22.021,

Penal Code, or under a law of another state, federal law, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

22.011 or 22.021, Penal Code; or

(V) been convicted of:

(i) criminal solicitation of a minor under

Section 15.031, Penal Code, or under a law of another state, federal

law, the law of a foreign country, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 15.031, Penal Code; or

(ii) online solicitation of a minor under

Section 33.021, Penal Code, or under a law of another state, federal

law, the law of a foreign country, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 33.021, Penal Code; and

(2) that termination is in the best interest of the

child.

(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 active [ reasonable ] efforts to

return the child to the parent before commencement of a trial on the

merits and despite those active [ reasonable ] efforts, a continuing

danger remains in the home that prevents the return of the child to

the parent; or

(2) active [ 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 department made active [ 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 active [ reasonable ] efforts the department made to

return the child to the child's home.

SECTION 2. Section 161.003, Family Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The court may order termination of the parent-child

relationship in a suit filed by the Department of Family and

Protective Services if the court finds that:

(1) the parent has a mental or emotional illness or a

mental deficiency that renders the parent unable to provide for the

physical, emotional, and mental needs of the child;

(2) the illness or deficiency, in all reasonable

probability, proved by clear and convincing evidence, will continue

to render the parent unable to provide for the child's needs until

the 18th birthday of the child;

(3) the department has been the temporary or sole

managing conservator of the child of the parent for at least six

months preceding the date of the hearing on the termination held in

accordance with Subsection (c);

(4) the department has made active [ reasonable ]

efforts to return the child to the parent; and

(5) the termination is in the best interest of the

child.

(a-1) In this section, "active efforts" has the meaning

described by Section 262.0001.

SECTION 3. Subchapter A, Chapter 262, Family Code, is

amended by adding Section 262.0001 to read as follows:

Sec. 262.0001. DEFINITION; ACTIVE EFFORTS. (a) In this

chapter, "active efforts" means affirmative, active, thorough, and

timely efforts intended primarily to maintain or reunite a child

with the child's family.

(b) In cases in which the Department of Family and

Protective Services is involved in a suit affecting the

parent-child relationship, the department's active efforts must

involve assisting the parents through the steps of a case plan and

with accessing or developing the resources necessary to satisfy the

case plan. The department must tailor the active efforts to the

facts and circumstances of each case, including by:

(1) conducting a comprehensive assessment of the

circumstances of the child's family, with a focus on safe

reunification as the most desirable goal;

(2) identifying appropriate services and helping the

parents to overcome barriers, including actively assisting the

parents in obtaining such services;

(3) conducting or causing to be conducted a diligent

search for the child's extended family members, and contacting and

consulting with extended family members to provide family structure

and support for the child and the child's parents;

(4) taking steps to keep siblings together whenever

possible;

(5) supporting regular visits with parents in the most

natural setting possible as well as trial home visits of the child

during any period of removal, consistent with the need to ensure the

health, safety, and welfare of the child;

(6) identifying community resources including

housing, financial, transportation, mental health, substance

abuse, and peer support services and actively assisting the child's

parents or, when appropriate, the child's family, in using and

accessing those resources;

(7) monitoring progress and participation in

services;

(8) considering alternative ways to address the needs

of the child's parents and, where appropriate, the family, if the

optimum services do not exist or are not available; and

(9) providing post-reunification services and

monitoring.

SECTION 4. Section 262.001(b), Family Code, is amended to

read as follows:

(b) In determining the active [ reasonable ] efforts that are

required to be made with respect to preventing or eliminating the

need to remove a child from the child's home or to make it possible

to return a child to the child's home, the child's health and safety

is the paramount concern.

SECTION 5. Section 262.101(a), Family Code, is amended to

read as follows:

(a) An original suit filed by a governmental entity that

requests permission to take possession of a child without prior

notice and a hearing must be supported by an affidavit sworn to by a

person with personal knowledge and stating facts sufficient to

satisfy a person of ordinary prudence and caution that:

(1) there is an immediate danger to the physical

health or safety of the child or the child has been a victim of

neglect or sexual abuse;

(2) continuation in the home would be contrary to the

child's welfare;

(3) there is no time, consistent with the physical

health or safety of the child, for a full adversary hearing under

Subchapter C;

(4) the child would not be adequately protected in the

child's home with an order for the removal of the alleged

perpetrator under Section 262.1015 or 262.1016 or a protective

order issued under Title 4;

(5) placing the child with a relative or designated

caregiver or with a caregiver under a parental child safety

placement agreement authorized by Subchapter L, Chapter 264:

(A) was offered but refused;

(B) was not possible because there was no time,

consistent with the physical health or safety of the child and the

nature of the emergency, to conduct the caregiver evaluation; or

(C) would pose an immediate danger to the

physical health or safety of the child; and

(6) active [ reasonable ] efforts, consistent with the

circumstances and providing for the safety of the child, were made

to prevent or eliminate the need for the removal of the child.

SECTION 6. Section 262.101(b), Family Code, as amended by

Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(b) The affidavit required by Subsection (a) must describe

with specificity in a separate section all active [ reasonable ]

efforts, consistent with the circumstances and providing for the

safety of the child, that were made to prevent or eliminate the need

for the removal of the child.

SECTION 7. Sections 262.102(a) and (e), Family Code, are

amended to read as follows:

(a) Before a court may, without prior notice and a hearing,

issue a temporary order for the conservatorship of a child under

Section 105.001(a)(1) or a temporary restraining order or

attachment of a child authorizing a governmental entity to take

possession of a child in a suit brought by a governmental entity,

the court must find that:

(1) there is an immediate danger to the physical

health or safety of the child or the child has been a victim of

neglect or sexual abuse;

(2) continuation in the home would be contrary to the

child's welfare;

(3) there is no time, consistent with the physical

health or safety of the child and the nature of the emergency, for a

full adversary hearing under Subchapter C;

(4) the child would not be adequately protected in the

child's home with an order for the removal of the alleged

perpetrator under Section 262.1015 or 262.1016 or a protective

order issued under Title 4;

(5) placing the child with a relative or designated

caregiver or with a caregiver under a parental child safety

placement agreement authorized by Subchapter L, Chapter 264:

(A) was offered but refused;

(B) was not possible because there was no time,

consistent with the physical health or safety of the child and the

nature of the emergency, to conduct the caregiver evaluation; or

(C) would pose an immediate danger to the

physical health or safety of the child; and

(6) active [ reasonable ] efforts, consistent with the

circumstances and providing for the safety of the child, were made

to prevent or eliminate the need for removal of the child.

(e) The temporary order, temporary restraining order, or

attachment of a child rendered by the court under Subsection (a)

must describe with specificity in a separate section the active

[ reasonable ] efforts, consistent with the circumstances and

providing for the safety of the child, that were made to prevent or

eliminate the need for the removal of the child as required by

Subsection (a)(4).

SECTION 8. Section 262.105(b), Family Code, is amended to

read as follows:

(b) An original suit filed by a governmental entity after

taking possession of a child under Section 262.104 must be

supported by an affidavit stating facts sufficient to satisfy a

person of ordinary prudence and caution that:

(1) based on the affiant's personal knowledge or on

information furnished by another person corroborated by the

affiant's personal knowledge, one of the following circumstances

existed at the time the child was taken into possession:

(A) there was an immediate danger to the physical

health or safety of the child;

(B) the child was the victim of sexual abuse or of

trafficking under Section 20A.02 or 20A.03, Penal Code;

(C) the parent or person who had possession of

the child was using a controlled substance as defined by Chapter

481, Health and Safety Code, and the use constituted an immediate

danger to the physical health or safety of the child; or

(D) the parent or person who had possession of

the child permitted the child to remain on premises used for the

manufacture of methamphetamine; and

(2) based on the affiant's personal knowledge:

(A) continuation of the child in the home would

have been contrary to the child's welfare;

(B) there was no time, consistent with the

physical health or safety of the child, for a full adversary hearing

under Subchapter C;

(C) the child would not be adequately protected

in the child's home with an order for the removal of the alleged

perpetrator under Section 262.1015 or 262.1016 or a protective

order issued under Title 4;

(D) placing the child with a relative or

designated caregiver or with a caregiver under a parental child

safety placement agreement authorized by Subchapter L, Chapter 264:

(i) was offered but refused;

(ii) was not possible because there was no

time, consistent with the physical health or safety of the child and

the nature of the emergency, to conduct the caregiver evaluation;

or

(iii) would pose an immediate danger to the

physical health or safety of the child; and

(E) active [ reasonable ] efforts, consistent with

the circumstances and providing for the safety of the child, were

made to prevent or eliminate the need for the removal of the child.

SECTION 9. Section 262.105(c), Family Code, as amended by

Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(c) The affidavit required by Subsection (b) must describe

with specificity in a separate section all active [ reasonable ]

efforts, consistent with the circumstances and providing for the

safety of the child, that were made to prevent or eliminate the need

for the removal of the child.

SECTION 10. Sections 262.107(a) and (c), Family Code, are

amended to read as follows:

(a) The court shall order the return of the child at the

initial hearing regarding a child taken in possession without a

court order by a governmental entity unless the court is satisfied

that:

(1) the evidence shows that one of the following

circumstances exists:

(A) there is a continuing danger to the physical

health or safety of the child if the child is returned to the

parent, managing conservator, possessory conservator, guardian,

caretaker, or custodian who is presently entitled to possession of

the child;

(B) the child has been the victim of sexual abuse

or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one

or more occasions and that there is a substantial risk that the

child will be the victim of sexual abuse or of trafficking in the

future;

(C) the parent or person who has possession of

the child is currently using a controlled substance as defined by

Chapter 481, Health and Safety Code, and the use constitutes an

immediate danger to the physical health or safety of the child; or

(D) the parent or person who has possession of

the child has permitted the child to remain on premises used for the

manufacture of methamphetamine;

(2) continuation of the child in the home would be

contrary to the child's welfare;

(3) the child would not be adequately protected in the

child's home with an order for the removal of the alleged

perpetrator under Section 262.1015 or 262.1016 or a protective

order issued under Title 4;

(4) placing the child with a relative or designated

caregiver or with a caregiver under a parental child safety

placement agreement authorized by Subchapter L, Chapter 264:

(A) was offered but refused;

(B) was not possible because there was no time,

consistent with the physical health or safety of the child and the

nature of the emergency, to conduct the caregiver evaluation; or

(C) would pose an immediate danger to the

physical health or safety of the child; and

(5) active [ reasonable ] efforts, consistent with the

circumstances and providing for the safety of the child, were made

to prevent or eliminate the need for removal of the child.

(c) If the court does not order the return of the child at an

initial hearing under Subsection (a), the court must describe in

writing and in a separate section the active [ reasonable ] efforts,

consistent with the circumstances and providing for the safety of

the child, that were made to prevent or eliminate the need for the

removal of the child.

SECTION 11. Sections 262.201(g), (g-1), and (g-2), Family

Code, are amended to read as follows:

(g) In a suit filed under Section 262.101 or 262.105, at the

conclusion of the full adversary hearing, the court shall order the

return of the child to the parent, managing conservator, possessory

conservator, guardian, caretaker, or custodian entitled to

possession from whom the child is removed unless the court finds

sufficient evidence to satisfy a person of ordinary prudence and

caution that:

(1) there was a danger to the physical health or safety

of the child, including a danger that the child would be a victim of

trafficking under Section 20A.02 or 20A.03, Penal Code, which was

caused by an act or failure to act of the person entitled to

possession and for the child to remain in the home is contrary to

the welfare of the child;

(2) the urgent need for protection required the

immediate removal of the child and active [ reasonable ] efforts,

consistent with the circumstances and providing for the safety of

the child, were made to eliminate or prevent the child's removal;

and

(3) active [ reasonable ] efforts have been made to

enable the child to return home, but there is a substantial risk of

a continuing danger if the child is returned home.

(g-1) In a suit filed under Section 262.101 or 262.105, if

the court does not order the return of the child under Subsection

(g) and finds that another parent, managing conservator, possessory

conservator, guardian, caretaker, or custodian entitled to

possession did not cause the immediate danger to the physical

health or safety of the child or was not the perpetrator of the

neglect or abuse alleged in the suit, the court shall order

possession of the child by that person unless the court finds

sufficient evidence to satisfy a person of ordinary prudence and

caution that, specific to each person entitled to possession:

(1) the person cannot be located after the exercise of

due diligence by the Department of Family and Protective Services,

or the person is unable or unwilling to take possession of the

child; or

(2) active [ reasonable ] efforts have been made to

enable the person's possession of the child, but possession by that

person presents a continuing danger to the physical health or

safety of the child caused by an act or failure to act of the person,

including a danger that the child would be a victim of trafficking

under Section 20A.02 or 20A.03, Penal Code.

(g-2) If, at the conclusion of a full adversary hearing, the

court renders an order under Subsection (g) or (g-1), the court must

describe in writing and in a separate section:

(1) the active [ reasonable ] efforts that were made to

enable the child to return home and the substantial risk of a

continuing danger if the child is returned home, as required by

Subsection (g)(3); or

(2) the active [ reasonable ] efforts that were made to

enable a person's possession of the child and the continuing danger

to the physical health or safety of the child as required by

Subsection (g-1)(2).

SECTION 12. Sections 262.2015(a), (c), and (d), Family

Code, are amended to read as follows:

(a) The court may waive the requirement of a service plan

and the requirement to make active [ reasonable ] efforts to return

the child to a parent and may accelerate the trial schedule to

result in a final order for a child under the care of the Department

of Family and Protective Services at an earlier date than provided

by Subchapter D, Chapter 263, if the court finds that the parent has

subjected the child to aggravated circumstances.

(c) On finding that active [ reasonable ] efforts to make it

possible for the child to safely return to the child's home are not

required, the court shall at any time before the 30th day after the

date of the finding, conduct an initial permanency hearing under

Subchapter D, Chapter 263. Separate notice of the permanency plan

is not required but may be given with a notice of a hearing under

this section.

(d) The Department of Family and Protective Services shall

make active [ reasonable ] efforts to finalize the permanent

placement of a child for whom the court has made the finding

described by Subsection (c). The court shall set the suit for

trial on the merits as required by Subchapter D, Chapter 263, in

order to facilitate final placement of the child.

SECTION 13. 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 active [ 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;

(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 14. 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 active

[ 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 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 15. 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 active [ 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;

(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 16. Section 263.602(b), Family Code, is amended to

read as follows:

(b) A court with extended jurisdiction over a young adult in

extended foster care shall conduct extended foster care review

hearings every six months for the purpose of reviewing and making

findings regarding:

(1) whether the young adult's living arrangement is

safe and appropriate and whether the department has made active

[ reasonable ] efforts to place the young adult in the least

restrictive environment necessary to meet the young adult's needs;

(2) whether the department is making active

[ reasonable ] efforts to finalize the permanency plan that is in

effect for the young adult, including a permanency plan for

independent living;

(3) whether, for a young adult whose permanency plan

is independent living:

(A) the young adult participated in the

development of the plan of service;

(B) the young adult's plan of service reflects

the independent living skills and appropriate services needed to

achieve independence by the projected date; and

(C) the young adult continues to make reasonable

progress in developing the skills needed to achieve independence by

the projected date; and

(4) whether additional services that the department is

authorized to provide are needed to meet the needs of the young

adult.

SECTION 17. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 18. This Act takes effect September 1, 2025.