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A BILL TO BE ENTITLED
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AN ACT
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relating to encouraging age-appropriate normalcy activities for |
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children in the managing conservatorship of the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.001(a), Family Code, is amended by |
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amending Subdivision (1-a) and adding Subdivision (1-b) to read as |
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follows: |
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(1-a) "Age-appropriate normalcy activity" has the |
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meaning assigned by Section 264.001. |
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(1-b) "Department" means the Department of Family and |
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Protective Services. |
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SECTION 2. Section 263.306, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In addition to the requirements of Subsection (a), at |
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each permanency hearing the court shall review the department's |
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efforts to ensure that the child has regular, ongoing opportunities |
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to engage in age-appropriate normalcy activities, including |
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activities not listed in the child's service plan. |
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SECTION 3. Section 263.503, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In addition to the requirements of Subsection (a), at |
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each placement review hearing the court shall review the |
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department's efforts to ensure that the child has regular, ongoing |
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opportunities to engage in age-appropriate normalcy activities, |
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including activities not listed in the child's service plan. |
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SECTION 4. Section 264.001, Family Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (1-a) and (5) to |
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read as follows: |
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(1) "Age-appropriate normalcy activity" means an |
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activity or experience: |
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(A) that is generally accepted as suitable for a |
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child's age or level of maturity or that is determined to be |
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developmentally appropriate for a child based on the development of |
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cognitive, emotional, physical, and behavioral capacities that are |
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typical for the age or age group; and |
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(B) in which a child who is not in the |
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conservatorship of the state is generally allowed to participate, |
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including extracurricular activities, in-school and out-of-school |
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social activities, cultural and enrichment activities, and |
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employment opportunities. |
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(1-a) "Department" means the Department of Family and |
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Protective Services. |
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(5) "Standard of care of a reasonable and prudent |
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parent" means the standard of care that a parent of reasonable |
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judgment, skill, and caution would exercise in addressing the |
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health, safety, and welfare of a child while encouraging the |
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emotional and developmental growth of the child, taking into |
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consideration: |
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(A) the overall health and safety of the child; |
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(B) the child's age, maturity, and development |
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level; |
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(C) the best interest of the child based on the |
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caregiver's knowledge of the child; |
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(D) the appropriateness of a proposed activity |
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and any potential risk factors; |
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(E) the behavioral history of the child and the |
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child's ability to safely participate in a proposed activity; |
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(F) the importance of encouraging the child's |
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social, emotional, and developmental growth; and |
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(G) the importance of providing the child with |
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the most family-like living experience possible. |
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SECTION 5. The heading to Section 264.114, Family Code, is |
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amended to read as follows: |
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Sec. 264.114. IMMUNITY FROM LIABILITY; ADVERSE |
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DEPARTMENTAL ACTION PROHIBITED. |
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SECTION 6. Section 264.114, Family Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) A foster parent, other substitute caregiver, family |
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relative or other designated caregiver, or licensed child placing |
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agency caring for a child in the managing conservatorship of the |
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department is not liable for harm caused to the child resulting from |
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the child's participation in an age-appropriate normalcy activity |
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approved by the caregiver if, in approving the child's |
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participation in the activity, the caregiver exercised the standard |
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of care of a reasonable and prudent parent. |
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(d) A licensed child placing agency is not subject to |
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adverse action by the department, including contractual action or |
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licensing or other regulatory action, arising out of the conduct of |
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a foster parent who has exercised the standard of care of a |
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reasonable and prudent parent. |
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SECTION 7. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.125 to read as follows: |
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Sec. 264.125. AGE-APPROPRIATE NORMALCY ACTIVITIES; |
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STANDARD OF CARE. (a) The department shall use its best efforts to |
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normalize the lives of children in the managing conservatorship of |
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the department by allowing substitute caregivers, without the |
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department's prior approval, to make decisions similar to those a |
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parent would be entitled to make regarding a child's participation |
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in age-appropriate normalcy activities. |
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(b) In determining whether to allow a child in the managing |
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conservatorship of the department to participate in an activity, a |
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substitute caregiver must exercise the standard of care of a |
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reasonable and prudent parent. |
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(c) The department shall adopt and implement policies |
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consistent with this section promoting a substitute caregiver's |
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ability to make decisions described by Subsection (a). The |
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department shall identify and review any departmental policy or |
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procedure that may impede a substitute caregiver's ability to make |
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such decisions. |
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(d) The department shall require licensed child placing |
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agency personnel, residential child care licensing staff, |
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conservatorship caseworkers, and other persons as may be determined |
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by the department to complete a course of training regarding: |
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(1) the importance of a child's participation in |
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age-appropriate normalcy activities and the benefits of such |
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activities to a child's well-being, mental health, and social, |
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emotional, and developmental growth; and |
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(2) substitute caregiver decision-making under the |
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standard of care of a reasonable and prudent parent. |
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SECTION 8. The changes in law made by this Act to Sections |
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263.306 and 263.503, Family Code, apply only to a permanency |
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hearing or a placement review hearing conducted under Chapter 263, |
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Family Code, on or after the effective date of this Act. A |
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permanency hearing or a placement review hearing conducted before |
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the effective date of this Act is governed by the law in effect on |
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the date the hearing was conducted, and the former law is continued |
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in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2015. |