|  | 
      
        |  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the continuation and functions of the Department of | 
      
        |  | Family and Protective Services and procedures applicable to suits | 
      
        |  | affecting the parent-child relationship, investigations of child | 
      
        |  | abuse and neglect, and conservatorship of a child; affecting fee | 
      
        |  | amounts and authorizing an administrative penalty. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 25.001, Education Code, is amended by | 
      
        |  | amending Subsection (g) and adding Subsection (g-1) to read as | 
      
        |  | follows: | 
      
        |  | (g)  A student who was enrolled in a primary or secondary | 
      
        |  | public school before the student entered [ who is placed in] the | 
      
        |  | conservatorship of the Department of Family and Protective Services | 
      
        |  | and who is placed at a residence outside the attendance area for the | 
      
        |  | school or outside the school district is entitled to continue to | 
      
        |  | attend the school in which the student was enrolled immediately | 
      
        |  | before entering conservatorship until the student successfully | 
      
        |  | completes the highest grade level offered by the school at the time | 
      
        |  | of placement without payment of tuition.  The student is entitled to | 
      
        |  | continue to attend the school regardless of whether the student | 
      
        |  | remains in the conservatorship of the department for the duration | 
      
        |  | of the student's enrollment in the school. | 
      
        |  | (g-1)  If a student who is in the conservatorship of the | 
      
        |  | department is enrolled in a primary or secondary public school, | 
      
        |  | other than the school in which the student was enrolled at the time | 
      
        |  | the student was placed in the conservatorship of the department, | 
      
        |  | the student is entitled to continue to attend that school without | 
      
        |  | payment of tuition until the student successfully completes the | 
      
        |  | highest grade level offered by the school at the time of enrollment | 
      
        |  | in the school, even if the child's placement is changed to a | 
      
        |  | residence outside the attendance area for that school or outside | 
      
        |  | the school district.  The student is entitled to continue to attend | 
      
        |  | the school regardless of whether the student remains in the | 
      
        |  | conservatorship of the department for the duration of the student's | 
      
        |  | enrollment in the school. | 
      
        |  | SECTION 2.  Section 25.087(b), Education Code, as amended by | 
      
        |  | Chapter 249 (H.B. 455), Chapter 688 (H.B. 2619), and Chapter 1354 | 
      
        |  | (S.B. 1404), Acts of the 83rd Legislature, Regular Session, 2013, | 
      
        |  | is reenacted and amended to read as follows: | 
      
        |  | (b)  A school district shall excuse a student from attending | 
      
        |  | school for: | 
      
        |  | (1)  the following purposes, including travel for those | 
      
        |  | purposes: | 
      
        |  | (A)  observing religious holy days; | 
      
        |  | (B)  attending a required court appearance; | 
      
        |  | (C)  appearing at a governmental office to | 
      
        |  | complete paperwork required in connection with the student's | 
      
        |  | application for United States citizenship; | 
      
        |  | (D)  taking part in a United States naturalization | 
      
        |  | oath ceremony; | 
      
        |  | (E)  serving as an election clerk; or | 
      
        |  | [ (F)  for a child in the conservatorship of the  | 
      
        |  | Department of Family and Protective Services, attending a mental  | 
      
        |  | health or therapy appointment or family visitation as ordered by a  | 
      
        |  | court under Chapter 262 or 263, Family Code; or] | 
      
        |  | (F)  if the student is in the conservatorship of | 
      
        |  | the Department of Family and Protective Services, participating, as | 
      
        |  | determined and documented by the department, in an activity: | 
      
        |  | (i)  ordered by a court under Chapter 262 or | 
      
        |  | 263, Family Code, provided that it is not practicable to schedule | 
      
        |  | the participation outside of school hours; or | 
      
        |  | (ii)  required under a service plan under | 
      
        |  | Subchapter B, Chapter 263, Family Code; or | 
      
        |  | (2)  a temporary absence resulting from an appointment | 
      
        |  | with health care professionals for the student or the student's | 
      
        |  | child if the student commences classes or returns to school on the | 
      
        |  | same day of the appointment | 
      
        |  | [ (2)  a temporary absence resulting from an appointment  | 
      
        |  | with a health care professional if that student commences classes  | 
      
        |  | or returns to school on the same day of the appointment]. | 
      
        |  | SECTION 3.  Section 54.366, Education Code, is amended by | 
      
        |  | adding Subsection (c) to read as follows: | 
      
        |  | (c)  Notwithstanding Subsection (a)(1), a child who exits | 
      
        |  | the conservatorship of the Department of Family and Protective | 
      
        |  | Services and is returned to the child's parent, including a parent | 
      
        |  | whose parental rights were previously terminated, may be exempt | 
      
        |  | from the payment of tuition and fees if the department determines | 
      
        |  | that the child is eligible under department rule.  The executive | 
      
        |  | commissioner of the Health and Human Services Commission shall by | 
      
        |  | rule develop factors for determining eligibility under this | 
      
        |  | subsection in consultation with the department and the Texas Higher | 
      
        |  | Education Coordinating Board. | 
      
        |  | SECTION 4.  Section 51.03(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  Conduct indicating a need for supervision is: | 
      
        |  | (1)  subject to Subsection (f), conduct, other than a | 
      
        |  | traffic offense, that violates: | 
      
        |  | (A)  the penal laws of this state of the grade of | 
      
        |  | misdemeanor that are punishable by fine only; or | 
      
        |  | (B)  the penal ordinances of any political | 
      
        |  | subdivision of this state; | 
      
        |  | (2)  the absence of a child on 10 or more days or parts | 
      
        |  | of days within a six-month period in the same school year or on | 
      
        |  | three or more days or parts of days within a four-week period from | 
      
        |  | school; | 
      
        |  | (3)  the voluntary absence of a child from the child's | 
      
        |  | home without the consent of the child's parent or guardian for a | 
      
        |  | substantial length of time or without intent to return; | 
      
        |  | (4)  conduct prohibited by city ordinance or by state | 
      
        |  | law involving the inhalation of the fumes or vapors of paint and | 
      
        |  | other protective coatings or glue and other adhesives and the | 
      
        |  | volatile chemicals itemized in Section 485.001, Health and Safety | 
      
        |  | Code; | 
      
        |  | (5)  an act that violates a school district's | 
      
        |  | previously communicated written standards of student conduct for | 
      
        |  | which the child has been expelled under Section 37.007(c), | 
      
        |  | Education Code; | 
      
        |  | (6)  [ conduct that violates a reasonable and lawful  | 
      
        |  | order of a court entered under Section 264.305; | 
      
        |  | [ (7)]  notwithstanding Subsection (a)(1), conduct | 
      
        |  | described by Section 43.02(a)(1) or (2), Penal Code; or | 
      
        |  | (7) [ (8)]  notwithstanding Subsection (a)(1), conduct | 
      
        |  | that violates Section 43.261, Penal Code. | 
      
        |  | SECTION 5.  The heading to Section 58.0052, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 58.0052.  INTERAGENCY SHARING OF CERTAIN | 
      
        |  | NONEDUCATIONAL RECORDS. | 
      
        |  | SECTION 6.  Subchapter A, Chapter 58, Family Code, is | 
      
        |  | amended by adding Section 58.0053 to read as follows: | 
      
        |  | Sec. 58.0053.  INTERAGENCY SHARING OF JUVENILE PROBATION | 
      
        |  | RECORDS.  (a)  On request by the Department of Family and | 
      
        |  | Protective Services, a juvenile probation officer shall disclose to | 
      
        |  | the department the terms of probation of a child in the department's | 
      
        |  | conservatorship. | 
      
        |  | (b)  To the extent of a conflict between this section and | 
      
        |  | another law of this state applicable to confidential information | 
      
        |  | held by a governmental agency, this section controls. | 
      
        |  | (c)  This section does not affect the confidential status of | 
      
        |  | the information being shared.  The information may be released to a | 
      
        |  | third party only as directed by a court order or as otherwise | 
      
        |  | authorized by law.  Personally identifiable information disclosed | 
      
        |  | to the Department of Family and Protective Services under this | 
      
        |  | section is not subject to disclosure to a third party under Chapter | 
      
        |  | 552, Government Code. | 
      
        |  | (d)  The Department of Family and Protective Services shall | 
      
        |  | enter into a memorandum of understanding with the Texas Juvenile | 
      
        |  | Justice Department to adopt procedures for handling information | 
      
        |  | requests under this section. | 
      
        |  | SECTION 7.  Chapter 101, Family Code, is amended by adding | 
      
        |  | Sections 101.0133 and 101.0134 to read as follows: | 
      
        |  | Sec. 101.0133.  FOSTER CARE.  "Foster care" means the | 
      
        |  | placement of a child who is in the conservatorship of the Department | 
      
        |  | of Family and Protective Services and in care outside the child's | 
      
        |  | home in an agency foster group home, agency foster home, foster | 
      
        |  | group home, foster home, or another facility licensed or certified | 
      
        |  | under Chapter 42, Human Resources Code, in which care is provided | 
      
        |  | for 24 hours a day. | 
      
        |  | Sec. 101.0134.  FOSTER CHILD.  "Foster child" means a child | 
      
        |  | who is in the managing conservatorship of the Department of Family | 
      
        |  | and Protective Services. | 
      
        |  | SECTION 8.  Section 103.001(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A suit in which adoption is requested may be filed in the | 
      
        |  | county where the child resides or in the county where the | 
      
        |  | petitioners reside, regardless of whether another court has | 
      
        |  | continuing exclusive jurisdiction under Chapter 155.  A court that | 
      
        |  | has continuing exclusive jurisdiction is not required to transfer | 
      
        |  | the suit affecting the parent-child relationship to the court in | 
      
        |  | which the adoption suit is filed. | 
      
        |  | SECTION 9.  Section 104.007(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  In a proceeding brought by the Department of Family and | 
      
        |  | Protective [ and Regulatory] Services concerning a child who is | 
      
        |  | alleged in a suit to have been abused or neglected, the court may | 
      
        |  | order[ , with the agreement of the state's counsel and the  | 
      
        |  | defendant's counsel,] that the testimony of a professional be taken | 
      
        |  | outside the courtroom by videoconference: | 
      
        |  | (1)  on the agreement of the department's counsel and | 
      
        |  | respondent's counsel; or | 
      
        |  | (2)  if good cause exists, on the court's own motion. | 
      
        |  | SECTION 10.  Section 155.001(c), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  If a court of this state has acquired continuing, | 
      
        |  | exclusive jurisdiction, no other court of this state has | 
      
        |  | jurisdiction of a suit with regard to that child except as provided | 
      
        |  | by this chapter, Section 103.001(b), or Chapter 262. | 
      
        |  | SECTION 11.  Section 161.001(b), Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | amended to read as follows: | 
      
        |  | (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 child); | 
      
        |  | (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 children); | 
      
        |  | (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 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; or | 
      
        |  | (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); or | 
      
        |  | (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); and | 
      
        |  | (2)  that termination is in the best interest of the | 
      
        |  | child. | 
      
        |  | SECTION 12.  Section 162.005(c), Family Code, is transferred | 
      
        |  | to Section 162.007, Family Code, and redesignated as Section | 
      
        |  | 162.007(e), Family Code, to read as follows: | 
      
        |  | (e) [ (c)]  The report shall include a history of physical, | 
      
        |  | sexual, or emotional abuse suffered by the child, if any. | 
      
        |  | SECTION 13.  The heading to Section 162.006, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 162.006.  ACCESS TO HEALTH, SOCIAL, EDUCATIONAL, AND | 
      
        |  | GENETIC HISTORY REPORT; RETENTION [ RIGHT TO EXAMINE RECORDS]. | 
      
        |  | SECTION 14.  Section 162.007, Family Code, is amended by | 
      
        |  | adding Subsection (f) to read as follows: | 
      
        |  | (f)  Notwithstanding the other provisions of this section, | 
      
        |  | the Department of Family and Protective Services may, in accordance | 
      
        |  | with department rule, modify the form and contents of the health, | 
      
        |  | social, educational, and genetic history report for a child as the | 
      
        |  | department determines appropriate based on: | 
      
        |  | (1)  the relationship between the prospective adoptive | 
      
        |  | parents and the child or the child's birth family; | 
      
        |  | (2)  the provision of the child's case record to the | 
      
        |  | prospective adoptive parents; or | 
      
        |  | (3)  any other factor specified by department rule. | 
      
        |  | SECTION 15.  (a)  Subsections (a), as amended by S.B. 219, | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, and (a-1), | 
      
        |  | Section 162.006, Family Code, are redesignated as Section 162.0062, | 
      
        |  | Family Code, and amended to read as follows: | 
      
        |  | Sec. 162.0062.  ACCESS TO INFORMATION.  (a)  Except as | 
      
        |  | provided by Subsection (c), the prospective adoptive parents of a | 
      
        |  | child are entitled to examine the records and other information | 
      
        |  | relating to the history of the child.  The Department of Family and | 
      
        |  | Protective Services, licensed child-placing agency, or other | 
      
        |  | person placing a child for adoption shall inform the prospective | 
      
        |  | adoptive parents of their right to examine the records and other | 
      
        |  | information relating to the history of the child.  The department, | 
      
        |  | licensed child-placing agency, or other person placing the child | 
      
        |  | for adoption shall edit the records and information to protect the | 
      
        |  | identity of the biological parents and any other person whose | 
      
        |  | identity is confidential. | 
      
        |  | (b) [ (a-1)]  The records described by Subsection (a) must | 
      
        |  | include any records relating to an investigation of abuse in which | 
      
        |  | the child was an alleged or confirmed victim of sexual abuse while | 
      
        |  | residing in a foster home or other residential child-care facility. | 
      
        |  | If the licensed child-placing agency or other person placing the | 
      
        |  | child for adoption does not have the information required by this | 
      
        |  | subsection, the department, at the request of the licensed | 
      
        |  | child-placing agency or other person placing the child for | 
      
        |  | adoption, shall provide the information to the prospective adoptive | 
      
        |  | parents of the child. | 
      
        |  | (c)  If the prospective adoptive parents of a child have | 
      
        |  | reviewed the health, social, educational, and genetic history | 
      
        |  | report for the child and indicated that they want to proceed with | 
      
        |  | the adoption, the department may, but is not required to, allow the | 
      
        |  | prospective adoptive parents of the child to examine the records | 
      
        |  | and other information relating to the history of the child, unless | 
      
        |  | the prospective adoptive parents request the child's case record. | 
      
        |  | The department shall provide the child's case record to the | 
      
        |  | prospective adoptive parents on the request of the prospective | 
      
        |  | adoptive parents. | 
      
        |  | (b)  Section 162.018, Family Code, as amended by S.B. 219, | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, is transferred | 
      
        |  | to Section 162.0062, Family Code, as added by this section, | 
      
        |  | redesignated as Sections 162.0062(d), (e), and (f), Family Code, | 
      
        |  | and amended to read as follows: | 
      
        |  | (d)  [ Sec. 162.018.  ACCESS TO INFORMATION.  (a)  The  | 
      
        |  | adoptive parents are entitled to receive copies of the records and  | 
      
        |  | other information relating to the history of the child maintained  | 
      
        |  | by the Department of Family and Protective Services, licensed  | 
      
        |  | child-placing agency, person, or entity placing the child for  | 
      
        |  | adoption. | 
      
        |  | [ (b)]  The adoptive parents and the adopted child, after the | 
      
        |  | child is an adult, are entitled to receive copies of the records | 
      
        |  | that have been edited to protect the identity of the biological | 
      
        |  | parents and any other person whose identity is confidential and | 
      
        |  | other information relating to the history of the child maintained | 
      
        |  | by the department, licensed child-placing agency, person, or entity | 
      
        |  | placing the child for adoption. | 
      
        |  | (e) [ (c)]  It is the duty of the person or entity placing the | 
      
        |  | child for adoption to edit the records and information to protect | 
      
        |  | the identity of the biological parents and any other person whose | 
      
        |  | identity is confidential. | 
      
        |  | (f) [ (d)]  At the time an adoption order is rendered, the | 
      
        |  | court shall provide to the parents of an adopted child information | 
      
        |  | provided by the vital statistics unit that describes the functions | 
      
        |  | of the voluntary adoption registry under Subchapter E.  The | 
      
        |  | licensed child-placing agency shall provide to each of the child's | 
      
        |  | biological parents known to the agency, the information when the | 
      
        |  | parent signs an affidavit of relinquishment of parental rights or | 
      
        |  | affidavit of waiver of interest in a child.  The information shall | 
      
        |  | include the right of the child or biological parent to refuse to | 
      
        |  | participate in the registry.  If the adopted child is 14 years old | 
      
        |  | or older the court shall provide the information to the child. | 
      
        |  | SECTION 16.  Section 162.304, Family Code, is amended by | 
      
        |  | amending Subsections (a) and (b-1) and adding Subsection (j) to | 
      
        |  | read as follows: | 
      
        |  | (a)  The department shall administer a program to provide | 
      
        |  | adoption assistance for eligible children and enter into adoption | 
      
        |  | assistance agreements with the adoptive parents of a child as | 
      
        |  | authorized by Part E of Title IV of the federal Social Security Act, | 
      
        |  | as amended (42 U.S.C. Section 673). | 
      
        |  | (b-1)  Subject to the availability of funds, the [ The] | 
      
        |  | department shall pay a $150 subsidy each month for the premiums for | 
      
        |  | health benefits coverage for a child with respect to whom a court | 
      
        |  | has entered a final order of adoption if the child: | 
      
        |  | (1)  was in the conservatorship of the department at | 
      
        |  | the time of the child's adoptive placement; | 
      
        |  | (2)  after the adoption, is not eligible for medical | 
      
        |  | assistance under Chapter 32, Human Resources Code; and | 
      
        |  | (3)  is younger than 18 years of age. | 
      
        |  | (j)  The department shall keep records necessary to evaluate | 
      
        |  | the adoption assistance program's effectiveness in encouraging and | 
      
        |  | promoting the adoption of children. | 
      
        |  | SECTION 17.  Section 162.3041(d), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  The department is not required to provide adoption | 
      
        |  | assistance benefits under Subsection (a) or (a-1) unless funds are | 
      
        |  | appropriated to the department specifically for purposes of those | 
      
        |  | subsections.  If the legislature does not appropriate sufficient | 
      
        |  | money to provide adoption assistance to the adoptive parents of all | 
      
        |  | children described by Subsection (a), the department shall provide | 
      
        |  | adoption assistance only to the adoptive parents of children | 
      
        |  | described by Subsection (a)(1).  [ The department is not required to  | 
      
        |  | provide adoption assistance benefits under Subsection (a-1) unless  | 
      
        |  | the department is specifically appropriated funds for purposes of  | 
      
        |  | that subsection.] | 
      
        |  | SECTION 18.  Subchapter D, Chapter 162, Family Code, is | 
      
        |  | amended by adding Section 162.3085 to read as follows: | 
      
        |  | Sec. 162.3085.  ADOPTIVE PLACEMENT IN COMPLIANCE WITH | 
      
        |  | FEDERAL LAW REQUIRED.  The department or a licensed child-placing | 
      
        |  | agency making an adoptive placement shall comply with the | 
      
        |  | Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). | 
      
        |  | SECTION 19.  Section 261.302, Family Code, is amended by | 
      
        |  | amending Subsection (e) and adding Subsection (e-1) to read as | 
      
        |  | follows: | 
      
        |  | (e)  An interview with a child in which the allegations of | 
      
        |  | the current investigation are discussed and that is conducted by | 
      
        |  | the department during the investigation stage shall be audiotaped | 
      
        |  | or videotaped unless: | 
      
        |  | (1)  the recording equipment malfunctions and the | 
      
        |  | malfunction is not the result of a failure to maintain the equipment | 
      
        |  | or bring adequate supplies for the equipment; | 
      
        |  | (2)  the child is unwilling to allow the interview to be | 
      
        |  | recorded after the department makes a reasonable effort consistent | 
      
        |  | with the child's age and development and the circumstances of the | 
      
        |  | case to convince the child to allow the recording; or | 
      
        |  | (3)  due to circumstances that could not have been | 
      
        |  | reasonably foreseen or prevented by the department, the department | 
      
        |  | does not have the necessary recording equipment because the | 
      
        |  | department employee conducting the interview does not ordinarily | 
      
        |  | conduct interviews. | 
      
        |  | (e-1)  An interview with a child alleged to be a victim of | 
      
        |  | physical abuse or sexual abuse conducted by an investigating agency | 
      
        |  | other than the department shall be audiotaped or videotaped unless | 
      
        |  | the investigating agency determines that good cause exists for not | 
      
        |  | audiotaping or videotaping the interview in accordance with rules | 
      
        |  | of the agency.  Good cause may include, but is not limited to, such | 
      
        |  | considerations as the age of the child and the nature and | 
      
        |  | seriousness of the allegations under investigation.  Nothing in | 
      
        |  | this subsection shall be construed as prohibiting the investigating | 
      
        |  | agency from audiotaping or videotaping an interview of a child on | 
      
        |  | any case for which such audiotaping or videotaping is not required | 
      
        |  | under this subsection.  The fact that the investigating agency | 
      
        |  | failed to audiotape or videotape an interview is admissible at the | 
      
        |  | trial of the offense that is the subject of the interview. | 
      
        |  | SECTION 20.  Section 261.3021, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 261.3021.  CASEWORK DOCUMENTATION AND MANAGEMENT. | 
      
        |  | Subject to the appropriation of money [ for these purposes], the | 
      
        |  | department shall[ : | 
      
        |  | [ (1)]  identify critical investigation actions that | 
      
        |  | impact child safety and require department caseworkers to document | 
      
        |  | those actions in a child's case file not later than the day after | 
      
        |  | the action occurs[ ; | 
      
        |  | [ (2)  identify and develop a comprehensive set of  | 
      
        |  | casework quality indicators that must be reported in real time to  | 
      
        |  | support timely management oversight; | 
      
        |  | [ (3)  provide department supervisors with access to  | 
      
        |  | casework quality indicators and train department supervisors on the  | 
      
        |  | use of that information in the daily supervision of caseworkers; | 
      
        |  | [ (4)  develop a case tracking system that notifies  | 
      
        |  | department supervisors and management when a case is not  | 
      
        |  | progressing in a timely manner; | 
      
        |  | [ (5)  use current data reporting systems to provide  | 
      
        |  | department supervisors and management with easier access to  | 
      
        |  | information; and | 
      
        |  | [ (6)  train department supervisors and management on  | 
      
        |  | the use of data to monitor cases and make decisions]. | 
      
        |  | SECTION 21.  Sections 261.309(b) and (d), Family Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  If a person under investigation for allegedly abusing or | 
      
        |  | neglecting a child requests clarification of the status of the | 
      
        |  | person's case or files a complaint relating to the conduct of the | 
      
        |  | department's staff or to department policy, the department shall | 
      
        |  | conduct an informal review to clarify the person's status or | 
      
        |  | resolve the complaint.  The division of the department responsible | 
      
        |  | for investigating complaints [ immediate supervisor of the employee  | 
      
        |  | who conducted the child abuse or neglect investigation or against  | 
      
        |  | whom the complaint was filed] shall conduct the informal review as | 
      
        |  | soon as possible but not later than the 14th day after the date the | 
      
        |  | request or complaint is received. | 
      
        |  | (d)  The [ Unless a civil or criminal court proceeding or an  | 
      
        |  | ongoing criminal investigation relating to the alleged abuse or  | 
      
        |  | neglect investigated by the department is pending, the] department | 
      
        |  | employee shall conduct the review prescribed by Subsection (c) as | 
      
        |  | soon as possible but not later than the 45th day after the date the | 
      
        |  | department receives the request, unless the department has good | 
      
        |  | cause for extending the deadline.  If a civil or criminal court | 
      
        |  | proceeding or an ongoing criminal investigation relating to the | 
      
        |  | alleged abuse or neglect investigated by the department is pending, | 
      
        |  | the department may postpone the review until the court proceeding | 
      
        |  | is completed. | 
      
        |  | SECTION 22.  Section 261.406(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The department shall send a copy of the completed report | 
      
        |  | of the department's investigation to the Texas Education Agency. | 
      
        |  | On request, the department shall provide a copy of the completed | 
      
        |  | report of the department's investigation to[ ,] the State Board for | 
      
        |  | Educator Certification, the local school board or the school's | 
      
        |  | governing body, the superintendent of the school district, and the | 
      
        |  | school principal or director, unless the principal or director is | 
      
        |  | alleged to have committed the abuse or neglect, for appropriate | 
      
        |  | action.  On request, the department shall provide a copy of the | 
      
        |  | report of investigation to the parent, managing conservator, or | 
      
        |  | legal guardian of a child who is the subject of the investigation | 
      
        |  | and to the person alleged to have committed the abuse or neglect. | 
      
        |  | The report of investigation shall be edited to protect the identity | 
      
        |  | of the persons who made the report of abuse or neglect.  Other than | 
      
        |  | the persons authorized by the section to receive a copy of the | 
      
        |  | report, Section 261.201(b) applies to the release of the report | 
      
        |  | relating to the investigation of abuse or neglect under this | 
      
        |  | section and to the identity of the person who made the report of | 
      
        |  | abuse or neglect. | 
      
        |  | SECTION 23.  Section 262.1095(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  When the Department of Family and Protective Services or | 
      
        |  | another agency takes possession of a child under this chapter, the | 
      
        |  | department: | 
      
        |  | (1)  shall provide information as prescribed by this | 
      
        |  | section to each adult the department is able to identify and locate | 
      
        |  | who is: | 
      
        |  | (A)  [ is] related to the child within the third | 
      
        |  | degree by consanguinity as determined under Chapter 573, Government | 
      
        |  | Code; | 
      
        |  | (B)  [ , or is] an adult relative of the alleged | 
      
        |  | father of the child if [ who] the department has a reasonable basis | 
      
        |  | to believe the alleged father is [ determines is most likely to be] | 
      
        |  | the child's biological father; or [ and] | 
      
        |  | (C) [ (B)  is] identified as a potential relative | 
      
        |  | or designated caregiver, as defined by Section 264.751, on the | 
      
        |  | proposed child placement resources form provided under Section | 
      
        |  | 261.307; and | 
      
        |  | (2)  may provide information as prescribed by this | 
      
        |  | section to each adult the department is able to identify and locate | 
      
        |  | who has a long-standing and significant relationship with the | 
      
        |  | child. | 
      
        |  | SECTION 24.  Section 262.114(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The department may place a child with a relative or | 
      
        |  | other designated caregiver [ individual] identified on the proposed | 
      
        |  | child placement resources form if the department determines that | 
      
        |  | the placement is in the best interest of the child.  The department | 
      
        |  | must complete the background and criminal history check and conduct | 
      
        |  | a preliminary evaluation of the relative or other designated | 
      
        |  | caregiver's home before the child is placed with the relative or | 
      
        |  | other designated caregiver.  The department may place the child | 
      
        |  | with the relative or designated caregiver [ individual] before | 
      
        |  | conducting the [ background and criminal history check or] home | 
      
        |  | study required under Subsection (a).  Not later than 48 hours after | 
      
        |  | the time that the child is placed with the relative or other | 
      
        |  | designated caregiver, the department shall begin the home study of | 
      
        |  | the relative or other designated caregiver.  The department shall | 
      
        |  | complete the home study as soon as possible unless otherwise | 
      
        |  | ordered by a court.  The department shall provide a copy of an | 
      
        |  | informational manual required under Section 261.3071 to the | 
      
        |  | relative or other designated caregiver at the time of the child's | 
      
        |  | placement. | 
      
        |  | SECTION 25.  Section 262.115(c), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  The department shall ensure that a parent who is | 
      
        |  | otherwise entitled to possession of the child has an opportunity to | 
      
        |  | visit the child not later than the fifth [ third] day after the date | 
      
        |  | the department is named temporary managing conservator of the child | 
      
        |  | unless: | 
      
        |  | (1)  the department determines that visitation is not | 
      
        |  | in the child's best interest; or | 
      
        |  | (2)  visitation with the parent would conflict with a | 
      
        |  | court order relating to possession of or access to the child. | 
      
        |  | SECTION 26.  Section 262.2015(b), Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  The court may find under Subsection (a) that a parent | 
      
        |  | has subjected the child to aggravated circumstances if: | 
      
        |  | (1)  the parent abandoned the child without | 
      
        |  | identification or a means for identifying the child; | 
      
        |  | (2)  the child or another child of the parent is a | 
      
        |  | victim of serious bodily injury or sexual abuse inflicted by the | 
      
        |  | parent or by another person with the parent's consent; | 
      
        |  | (3)  the parent has engaged in conduct against the | 
      
        |  | child or another child of the parent that would constitute an | 
      
        |  | offense under the following provisions of the Penal Code: | 
      
        |  | (A)  Section 19.02 (murder); | 
      
        |  | (B)  Section 19.03 (capital murder); | 
      
        |  | (C)  Section 19.04 (manslaughter); | 
      
        |  | (D)  Section 21.11 (indecency with a child); | 
      
        |  | (E)  Section 22.011 (sexual assault); | 
      
        |  | (F)  Section 22.02 (aggravated assault); | 
      
        |  | (G)  Section 22.021 (aggravated sexual assault); | 
      
        |  | (H)  Section 22.04 (injury to a child, elderly | 
      
        |  | individual, or disabled individual); | 
      
        |  | (I)  Section 22.041 (abandoning or endangering | 
      
        |  | child); | 
      
        |  | (J)  Section 25.02 (prohibited sexual conduct); | 
      
        |  | (K)  Section 43.25 (sexual performance by a | 
      
        |  | child); | 
      
        |  | (L)  Section 43.26 (possession or promotion of | 
      
        |  | child pornography); | 
      
        |  | (M)  Section 21.02 (continuous sexual abuse of | 
      
        |  | young child or children); | 
      
        |  | (N)  Section 43.05(a)(2) (compelling | 
      
        |  | prostitution); or | 
      
        |  | (O)  Section 20A.02(a)(7) or (8) (trafficking of | 
      
        |  | persons); | 
      
        |  | (4)  the parent voluntarily left the child alone or in | 
      
        |  | the possession of another person not the parent of the child for at | 
      
        |  | least six months without expressing an intent to return and without | 
      
        |  | providing adequate support for the child; | 
      
        |  | (5)  the parent's parental rights with regard to | 
      
        |  | another child have been involuntarily terminated based on a finding | 
      
        |  | that the parent's conduct violated Section 161.001(b)(1)(D) or (E) | 
      
        |  | or a substantially equivalent provision of another state's law; | 
      
        |  | (6)  the parent has been convicted for: | 
      
        |  | (A)  the murder of another child of the parent and | 
      
        |  | the offense would have been an offense under 18 U.S.C. Section | 
      
        |  | 1111(a) if the offense had occurred in the special maritime or | 
      
        |  | territorial jurisdiction of the United States; | 
      
        |  | (B)  the voluntary manslaughter of another child | 
      
        |  | of the parent and the offense would have been an offense under 18 | 
      
        |  | U.S.C. Section 1112(a) if the offense had occurred in the special | 
      
        |  | maritime or territorial jurisdiction of the United States; | 
      
        |  | (C)  aiding or abetting, attempting, conspiring, | 
      
        |  | or soliciting an offense under Paragraph (A) or (B); or | 
      
        |  | (D)  the felony assault of the child or another | 
      
        |  | child of the parent that resulted in serious bodily injury to the | 
      
        |  | child or another child of the parent; [ or] | 
      
        |  | (7)  the parent's parental rights with regard to | 
      
        |  | another child of the parent [ two other children] have been | 
      
        |  | involuntarily terminated; or | 
      
        |  | (8)  the parent is required under any state or federal | 
      
        |  | law to register with a sex offender registry. | 
      
        |  | SECTION 27.  Section 263.301, Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | transferred to Subchapter A, Chapter 263, Family Code, redesignated | 
      
        |  | as Section 263.0021, Family Code, and amended to read as follows: | 
      
        |  | Sec. 263.0021 [ 263.301].  NOTICE OF HEARING; PRESENTATION | 
      
        |  | OF EVIDENCE.  (a)  Notice of a [ permanency] hearing under this | 
      
        |  | chapter shall be given [ as provided by Rule 21a, Texas Rules of  | 
      
        |  | Civil Procedure,] to all persons entitled to notice of the hearing. | 
      
        |  | (b)  The following persons are entitled to at least 10 days' | 
      
        |  | notice of a [ permanency] hearing under this chapter and are | 
      
        |  | entitled to present evidence and be heard at the hearing: | 
      
        |  | (1)  the department; | 
      
        |  | (2)  the foster parent, preadoptive parent, relative of | 
      
        |  | the child providing care, or director or director's designee of the | 
      
        |  | group home or general residential operation [ institution] where the | 
      
        |  | child is residing; | 
      
        |  | (3)  each parent of the child; | 
      
        |  | (4)  the managing conservator or guardian of the child; | 
      
        |  | (5)  an attorney ad litem appointed for the child under | 
      
        |  | Chapter 107, if the appointment was not dismissed in the final | 
      
        |  | order; | 
      
        |  | (6)  a guardian ad litem appointed for the child under | 
      
        |  | Chapter 107, if the appointment was not dismissed in the final | 
      
        |  | order; | 
      
        |  | (7)  a volunteer advocate appointed for the child under | 
      
        |  | Chapter 107, if the appointment was not dismissed in the final | 
      
        |  | order; | 
      
        |  | (8) [ (7)]  the child if: | 
      
        |  | (A)  the child is 10 years of age or older; or | 
      
        |  | (B)  the court determines it is appropriate for | 
      
        |  | the child to receive notice; and | 
      
        |  | (9) [ (8)]  any other person or agency named by the | 
      
        |  | court to have an interest in the child's welfare. | 
      
        |  | (c)  Notice of a hearing under this chapter may be given: | 
      
        |  | (1)  as provided by Rule 21a, Texas Rules of Civil | 
      
        |  | Procedure; | 
      
        |  | (2)  in a temporary order following a full adversary | 
      
        |  | hearing; | 
      
        |  | (3)  in an order following a hearing under this | 
      
        |  | chapter; | 
      
        |  | (4)  in open court; or | 
      
        |  | (5)  in any manner that would provide actual notice to a | 
      
        |  | person entitled to notice. | 
      
        |  | (d)  The licensed administrator of the child-placing agency | 
      
        |  | responsible for placing the child or the licensed administrator's | 
      
        |  | designee is entitled to at least 10 days' notice of a permanency | 
      
        |  | hearing after final order [ If a person entitled to notice under  | 
      
        |  | Chapter 102 or this section has not been served, the court shall  | 
      
        |  | review the department's efforts at attempting to locate all  | 
      
        |  | necessary persons and requesting service of citation and the  | 
      
        |  | assistance of a parent in providing information necessary to locate  | 
      
        |  | an absent parent]. | 
      
        |  | SECTION 28.  Section 263.004, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 263.004.  NOTICE TO COURT REGARDING EDUCATION | 
      
        |  | DECISION-MAKING.  (a)  Unless the rights and duties of the | 
      
        |  | department under Section 153.371(10) to make decisions regarding | 
      
        |  | the child's education have been limited by court order, the | 
      
        |  | department shall file with the court [ a report identifying] the | 
      
        |  | name and contact information for each person who has been: | 
      
        |  | (1)  designated by the department to make educational | 
      
        |  | decisions on behalf of the child; and | 
      
        |  | (2)  assigned to serve as the child's surrogate parent | 
      
        |  | in accordance with 20 U.S.C. Section 1415(b) and Section | 
      
        |  | 29.001(10), Education Code, for purposes of decision-making | 
      
        |  | regarding special education services, if applicable. | 
      
        |  | (b)  Not later than the fifth day after the date an adversary | 
      
        |  | hearing under Section 262.201 or [ Section] 262.205 is concluded, | 
      
        |  | the information [ report] required by Subsection (a) shall be filed | 
      
        |  | with the court and a copy shall be provided to[ : | 
      
        |  | [ (1)  each person entitled to notice of a permanency  | 
      
        |  | hearing under Section 263.301; and | 
      
        |  | [ (2)]  the school the child attends. | 
      
        |  | (c)  If a person other than a person identified under [ in the  | 
      
        |  | report required by] Subsection (a) is designated to make | 
      
        |  | educational decisions or assigned to serve as a surrogate parent, | 
      
        |  | the department shall include the updated information in a | 
      
        |  | permanency progress report filed under Section 263.303 or 263.502 | 
      
        |  | [ file with the court an updated report that includes the  | 
      
        |  | information required by Subsection (a) for the designated or  | 
      
        |  | assigned person].  The updated information [report] must be | 
      
        |  | provided to the school the child attends [ filed] not later than the | 
      
        |  | fifth day after the date of designation or assignment. | 
      
        |  | SECTION 29.  Sections 263.009(a) and (b), Family Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The department shall hold a permanency planning meeting | 
      
        |  | for each child for whom the department is appointed temporary | 
      
        |  | managing conservator in accordance with a schedule adopted by the | 
      
        |  | executive commissioner of the Health and Human Services Commission | 
      
        |  | by rule that is designed to allow the child to exit the managing | 
      
        |  | conservatorship of the department safely and as soon as possible | 
      
        |  | and be placed with an appropriate adult caregiver who will | 
      
        |  | permanently assume legal responsibility for the child[ : | 
      
        |  | [ (1)  not later than the 45th day after the date the  | 
      
        |  | department is named temporary managing conservator of the child;  | 
      
        |  | and | 
      
        |  | [ (2)  not later than five months after the date the  | 
      
        |  | department is named temporary managing conservator of the child]. | 
      
        |  | (b)  At each [ the five-month] permanency planning meeting | 
      
        |  | [ described by Subsection (a)(2)], the department shall: | 
      
        |  | (1)  identify any barriers to achieving a timely | 
      
        |  | permanent placement for the child; [ and] | 
      
        |  | (2)  develop strategies and determine actions that will | 
      
        |  | increase the probability of achieving a timely permanent placement | 
      
        |  | for the child; and | 
      
        |  | (3)  use the family group decision-making model | 
      
        |  | whenever possible. | 
      
        |  | SECTION 30.  Subchapter A, Chapter 263, Family Code, is | 
      
        |  | amended by adding Sections 263.010 and 263.011 to read as follows: | 
      
        |  | Sec. 263.010.  TESTIMONY IN CERTAIN HEARINGS.  Sections | 
      
        |  | 104.002, 104.003, 104.004, 104.005, and 104.006 do not apply to | 
      
        |  | testimony given in a hearing conducted under this chapter if the | 
      
        |  | testimony is not used as evidence. | 
      
        |  | Sec. 263.011.  CHILD'S RIGHT TO ATTEND AND PARTICIPATE IN | 
      
        |  | HEARINGS.  A child, regardless of age, must be allowed to attend or | 
      
        |  | participate in a hearing conducted under this chapter in which the | 
      
        |  | child is the subject of the hearing. | 
      
        |  | SECTION 31.  Section 263.101, Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 263.101.  DEPARTMENT TO FILE SERVICE PLAN.  Except as | 
      
        |  | provided by Section 262.2015, not [ 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, the department shall file a service plan. | 
      
        |  | SECTION 32.  Section 263.102(a), Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The 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 [ state whether the goal of the plan  | 
      
        |  | is: | 
      
        |  | [ (A)  return of the child to the child's parents; | 
      
        |  | [ (B)  termination of parental rights and  | 
      
        |  | placement of the child for adoption; or | 
      
        |  | [ (C)  because of the child's special needs or  | 
      
        |  | exceptional circumstances, continuation of the child's care out of  | 
      
        |  | the child's home]; | 
      
        |  | (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. | 
      
        |  | SECTION 33.  Section 263.3025(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The department shall prepare a permanency plan for a | 
      
        |  | child for whom the department has been appointed temporary managing | 
      
        |  | conservator.  The department shall give a copy of the plan to each | 
      
        |  | person entitled to notice under Section 263.0021(b) [ 263.301(b)] | 
      
        |  | not later than the 10th day before the date of the child's first | 
      
        |  | permanency hearing. | 
      
        |  | SECTION 34.  Section 263.303, Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 263.303.  PERMANENCY PROGRESS REPORT BEFORE FINAL | 
      
        |  | ORDER.  (a)  Not later than the 10th day before the date set for | 
      
        |  | each permanency hearing before a final order is rendered [ other  | 
      
        |  | than the first permanency hearing], the department shall file with | 
      
        |  | the court and provide to each party, the child's attorney ad litem, | 
      
        |  | the child's guardian ad litem, and the child's volunteer advocate a | 
      
        |  | permanency progress report unless the court orders a different | 
      
        |  | period for providing the report. | 
      
        |  | (b)  The permanency progress report must contain: | 
      
        |  | (1)  information necessary for the court to conduct the | 
      
        |  | permanency hearing and make its findings and determinations under | 
      
        |  | Section 263.306 [ recommend that the suit be dismissed]; [or] | 
      
        |  | (2)  information on significant events, as defined by | 
      
        |  | Section 264.018; and | 
      
        |  | (3)  any additional information the department | 
      
        |  | determines is appropriate or that is requested by the court and | 
      
        |  | relevant to the court's findings and determinations under Section | 
      
        |  | 263.306 [ recommend that the suit continue, and: | 
      
        |  | [ (A)  identify the date for dismissal of the suit  | 
      
        |  | under this chapter; | 
      
        |  | [ (B)  provide: | 
      
        |  | [ (i)  the name of any person entitled to  | 
      
        |  | notice under Chapter 102 who has not been served; | 
      
        |  | [ (ii)  a description of the efforts by the  | 
      
        |  | department to locate and request service of citation; and | 
      
        |  | [ (iii)  a description of each parent's  | 
      
        |  | assistance in providing information necessary to locate an unserved  | 
      
        |  | party; | 
      
        |  | [ (C)  evaluate the parties' compliance with  | 
      
        |  | temporary orders and with the service plan; | 
      
        |  | [ (D)  evaluate whether the child's placement in  | 
      
        |  | substitute care meets the child's needs and recommend other plans  | 
      
        |  | or services to meet the child's special needs or circumstances; | 
      
        |  | [ (E)  describe the permanency plan for the child  | 
      
        |  | and recommend actions necessary to ensure that a final order  | 
      
        |  | consistent with that permanency plan, including the concurrent  | 
      
        |  | permanency goals contained in that plan, is rendered before the  | 
      
        |  | date for dismissal of the suit under this chapter; | 
      
        |  | [ (F)  with respect to a child 16 years of age or  | 
      
        |  | older, identify the services needed to assist the child in the  | 
      
        |  | transition to adult life; and | 
      
        |  | [ (G)  with respect to a child committed to the  | 
      
        |  | Texas Juvenile Justice Department or released under supervision by  | 
      
        |  | the Texas Juvenile Justice Department: | 
      
        |  | [ (i)  evaluate whether the child's needs for  | 
      
        |  | treatment and education are being met; | 
      
        |  | [ (ii)  describe, using information provided  | 
      
        |  | by the Texas Juvenile Justice Department, the child's progress in  | 
      
        |  | any rehabilitation program administered by the Texas Juvenile  | 
      
        |  | Justice Department; and | 
      
        |  | [ (iii)  recommend other plans or services to  | 
      
        |  | meet the child's needs]. | 
      
        |  | (c)  A parent whose parental rights are the subject of a suit | 
      
        |  | affecting the parent-child relationship, the attorney for that | 
      
        |  | parent, or the child's attorney ad litem or guardian ad litem may | 
      
        |  | file a response to the department's report filed under this section | 
      
        |  | [ Subsection (b)].  A response must be filed not later than the third | 
      
        |  | day before the date of the hearing. | 
      
        |  | SECTION 35.  The heading to Section 263.306, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 263.306.  PERMANENCY HEARINGS BEFORE FINAL ORDER[ :   | 
      
        |  | PROCEDURE]. | 
      
        |  | SECTION 36.  Section 263.306, Family Code, is amended by | 
      
        |  | adding Subsection (a-1) 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, or relative of the child; | 
      
        |  | (3)  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; | 
      
        |  | (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)  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 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)  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; | 
      
        |  | (F)  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; | 
      
        |  | (G)  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; and | 
      
        |  | (H)  for a child whose permanency goal is another | 
      
        |  | planned permanent living arrangement: | 
      
        |  | (i)  the desired permanency outcome for the | 
      
        |  | child, by asking the child; and | 
      
        |  | (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; | 
      
        |  | (5)  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; | 
      
        |  | (6)  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 | 
      
        |  | (7)  announce in open court the dismissal date and the | 
      
        |  | date of any upcoming hearings. | 
      
        |  | SECTION 37.  The heading to Section 263.401, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 263.401.  DISMISSAL AFTER ONE YEAR; NEW TRIALS; | 
      
        |  | EXTENSION. | 
      
        |  | SECTION 38.  Section 263.401, Family Code, is amended by | 
      
        |  | amending Subsections (a) and (c) and adding Subsection (b-1) to | 
      
        |  | read as follows: | 
      
        |  | (a)  Unless the court has commenced the trial on the merits | 
      
        |  | or granted an extension under Subsection (b) or (b-1), on the first | 
      
        |  | Monday after the first anniversary of the date the court rendered a | 
      
        |  | temporary order appointing the department as temporary managing | 
      
        |  | conservator, the court shall dismiss the suit affecting the | 
      
        |  | parent-child relationship filed by the department that requests | 
      
        |  | termination of the parent-child relationship or requests that the | 
      
        |  | department be named conservator of the child. | 
      
        |  | (b-1)  If, after commencement of the initial trial on the | 
      
        |  | merits within the time required by Subsection (a) or (b), the court | 
      
        |  | grants a motion for a new trial or mistrial, or the case is remanded | 
      
        |  | to the court by an appellate court following an appeal of the | 
      
        |  | court's final order, the court shall retain the suit on the court's | 
      
        |  | docket and render an order in which the court: | 
      
        |  | (1)  schedules a new date on which the suit will be | 
      
        |  | dismissed if the new trial has not commenced, which must be a date | 
      
        |  | not later than the 180th day after the date on which: | 
      
        |  | (A)  the motion for a new trial or mistrial is | 
      
        |  | granted; or | 
      
        |  | (B)  the appellate court remanded the case; | 
      
        |  | (2)  makes further temporary orders for the safety and | 
      
        |  | welfare of the child as necessary to avoid further delay in | 
      
        |  | resolving the suit; and | 
      
        |  | (3)  sets the new trial on the merits for a date not | 
      
        |  | later than the date specified under Subdivision (1). | 
      
        |  | (c)  If the court grants an extension under Subsection (b) or | 
      
        |  | (b-1) but does not commence the trial on the merits before the | 
      
        |  | dismissal [ required] date [for dismissal under Subsection (b)], the | 
      
        |  | court shall dismiss the suit.  The court may not grant an | 
      
        |  | additional extension that extends the suit beyond the required date | 
      
        |  | for dismissal under Subsection (b) or (b-1), as applicable. | 
      
        |  | SECTION 39.  Section 263.404(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  In determining whether the department should be | 
      
        |  | appointed as managing conservator of the child without terminating | 
      
        |  | the rights of a parent of the child, the court shall take the | 
      
        |  | following factors into consideration: | 
      
        |  | (1)  that the child will reach 18 years of age in not | 
      
        |  | less than three years; | 
      
        |  | (2)  that the child is 12 years of age or older and has | 
      
        |  | expressed a strong desire against termination or has continuously | 
      
        |  | expressed a strong desire against being adopted; and | 
      
        |  | (3)  [ that the child has special medical or behavioral  | 
      
        |  | needs that make adoption of the child unlikely; and | 
      
        |  | [ (4)]  the needs and desires of the child. | 
      
        |  | SECTION 40.  The heading to Subchapter F, Chapter 263, | 
      
        |  | Family Code, is amended to read as follows: | 
      
        |  | SUBCHAPTER F.  PERMANENCY [ PLACEMENT REVIEW] HEARINGS AFTER FINAL | 
      
        |  | ORDER | 
      
        |  | SECTION 41.  The heading to Section 263.501, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 263.501.  PERMANENCY HEARING [ PLACEMENT REVIEW] AFTER | 
      
        |  | FINAL ORDER. | 
      
        |  | SECTION 42.  Sections 263.501(a), (b), (c), (f), and (g), | 
      
        |  | Family Code, are amended to read as follows: | 
      
        |  | (a)  If the department has been named as a child's managing | 
      
        |  | conservator in a final order that does not include termination of | 
      
        |  | parental rights, the court shall conduct a permanency [ placement  | 
      
        |  | review] hearing after the final order is rendered at least once | 
      
        |  | every six months until the department is no longer the child's | 
      
        |  | managing conservator [ child becomes an adult]. | 
      
        |  | (b)  If the department has been named as a child's managing | 
      
        |  | conservator in a final order that terminates a parent's parental | 
      
        |  | rights, the court shall conduct a permanency [ placement review] | 
      
        |  | hearing not later than the 90th day after the date the court renders | 
      
        |  | the final order.  The court shall conduct additional permanency | 
      
        |  | [ placement review] hearings at least once every six months until | 
      
        |  | the department is no longer the child's managing conservator [ date  | 
      
        |  | the child is adopted or the child becomes an adult]. | 
      
        |  | (c)  Notice of each permanency [ a placement review] hearing | 
      
        |  | shall be given as provided by Section 263.0021 [ Rule 21a, Texas  | 
      
        |  | Rules of Civil Procedure,] to each person entitled to notice of the | 
      
        |  | hearing. | 
      
        |  | (f)  The child shall attend each permanency [ placement  | 
      
        |  | review] hearing in accordance with Section 263.302 [unless the  | 
      
        |  | court specifically excuses the child's attendance.  A child  | 
      
        |  | committed to the Texas Youth Commission may attend a placement  | 
      
        |  | review hearing in person, by telephone, or by videoconference.  The  | 
      
        |  | court shall consult with the child in a developmentally appropriate  | 
      
        |  | manner regarding the child's permanency or transition plan, if the  | 
      
        |  | child is four years of age or older.  Failure by the child to attend  | 
      
        |  | a hearing does not affect the validity of an order rendered at the  | 
      
        |  | hearing]. | 
      
        |  | (g)  A court required to conduct permanency [ placement  | 
      
        |  | review] hearings for a child for whom the department has been | 
      
        |  | appointed permanent managing conservator may not dismiss a suit | 
      
        |  | affecting the parent-child relationship filed by the department | 
      
        |  | regarding the child while the child is committed to the Texas | 
      
        |  | Juvenile Justice Department [ Youth Commission] or released under | 
      
        |  | the supervision of the Texas Juvenile Justice Department [ Youth  | 
      
        |  | Commission], unless the child is adopted or permanent managing | 
      
        |  | conservatorship of the child is awarded to an individual other than | 
      
        |  | the department. | 
      
        |  | SECTION 43.  The heading to Section 263.502, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 263.502.  PERMANENCY PROGRESS [ PLACEMENT REVIEW] | 
      
        |  | REPORT AFTER FINAL ORDER. | 
      
        |  | SECTION 44.  Section 263.502, Family Code, is amended by | 
      
        |  | amending Subsection (a), as amended by S.B. 219, Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, and adding Subsections (a-1) | 
      
        |  | and (a-2) to read as follows: | 
      
        |  | (a)  Not later than the 10th day before the date set for a | 
      
        |  | permanency [ placement review] hearing after a final order is | 
      
        |  | rendered, the department shall file a permanency progress | 
      
        |  | [ placement review] report with the court and provide a copy to each | 
      
        |  | person entitled to notice under Section 263.0021 [ 263.501(d)]. | 
      
        |  | (a-1)  The permanency progress report must contain: | 
      
        |  | (1)  information necessary for the court to conduct the | 
      
        |  | permanency hearing and make its findings and determinations under | 
      
        |  | Section 263.5031; | 
      
        |  | (2)  information on significant events, as defined by | 
      
        |  | Section 264.018; and | 
      
        |  | (3)  any additional information the department | 
      
        |  | determines is appropriate or that is requested by the court and | 
      
        |  | relevant to the court's findings and determinations under Section | 
      
        |  | 263.5031. | 
      
        |  | (a-2)  For good cause shown, the court may: | 
      
        |  | (1)  order a different deadline for filing the | 
      
        |  | permanency progress report; or | 
      
        |  | (2)  waive the reporting requirement for a specific | 
      
        |  | hearing. | 
      
        |  | SECTION 45.  Subchapter F, Chapter 263, Family Code, is | 
      
        |  | amended by adding Section 263.5031 to read as follows: | 
      
        |  | Sec. 263.5031.  PERMANENCY HEARINGS FOLLOWING FINAL ORDER. | 
      
        |  | 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; and | 
      
        |  | (3)  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)  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; | 
      
        |  | (D)  the appropriateness of the primary and | 
      
        |  | alternative permanency goals for the child, whether the department | 
      
        |  | has made 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; | 
      
        |  | (E)  for a child whose permanency goal is another | 
      
        |  | planned permanent living arrangement: | 
      
        |  | (i)  the desired permanency outcome for the | 
      
        |  | child, by asking the child; and | 
      
        |  | (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; | 
      
        |  | (F)  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; | 
      
        |  | (G)  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; | 
      
        |  | (H)  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; | 
      
        |  | (I)  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; | 
      
        |  | (J)  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; and | 
      
        |  | (K)  whether the department has identified a | 
      
        |  | family or other caring adult who has made a permanent commitment to | 
      
        |  | the child. | 
      
        |  | SECTION 46.  The heading to Section 264.002, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 264.002.  SPECIFIC APPROPRIATION REQUIRED [ DUTIES OF  | 
      
        |  | DEPARTMENT]. | 
      
        |  | SECTION 47.  Section 264.002(e), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (e)  The department may not spend state funds to accomplish | 
      
        |  | the purposes of this subtitle [ chapter] unless the funds have been | 
      
        |  | specifically appropriated for those purposes. | 
      
        |  | SECTION 48.  Subchapter A, Chapter 264, Family Code, is | 
      
        |  | amended by adding Sections 264.017 and 264.018 to read as follows: | 
      
        |  | Sec. 264.017.  REQUIRED REPORTING.  (a)  The department | 
      
        |  | shall prepare and disseminate a report of statistics by county | 
      
        |  | relating to key performance measures and data elements for child | 
      
        |  | protection. | 
      
        |  | (b)  The department shall provide the report required by | 
      
        |  | Subsection (a) to the legislature and shall publish the report and | 
      
        |  | make the report available electronically to the public not later | 
      
        |  | than February 1 of each year.  The report must include, with respect | 
      
        |  | to the preceding year: | 
      
        |  | (1)  information on the number and disposition of | 
      
        |  | reports of child abuse and neglect received by the department; | 
      
        |  | (2)  information on the number of clients for whom the | 
      
        |  | department took protective action, including investigations, | 
      
        |  | alternative responses, and court-ordered removals; | 
      
        |  | (3)  information on the number of clients for whom the | 
      
        |  | department provided services in each program administered by the | 
      
        |  | child protective services division, including investigations, | 
      
        |  | alternative responses, family-based safety services, | 
      
        |  | conservatorship, post-adoption services, and transitional living | 
      
        |  | services; | 
      
        |  | (4)  the number of children in this state who died as a | 
      
        |  | result of child abuse or neglect; | 
      
        |  | (5)  the number of children described by Subdivision | 
      
        |  | (4) for whom the department was the children's managing conservator | 
      
        |  | at the time of death; | 
      
        |  | (6)  information on the timeliness of the department's | 
      
        |  | initial contact in an investigation or alternative response; | 
      
        |  | (7)  information on the response time by the department | 
      
        |  | in commencing services to families and children for whom an | 
      
        |  | allegation of child abuse or neglect has been made; | 
      
        |  | (8)  information regarding child protection staffing | 
      
        |  | and caseloads by program area; | 
      
        |  | (9)  information on the permanency goals in place and | 
      
        |  | achieved for children in the managing conservatorship of the | 
      
        |  | department, including information on the timeliness of achieving | 
      
        |  | the goals, the stability of the children's placement in foster | 
      
        |  | care, and the proximity of placements to the children's home | 
      
        |  | counties; and | 
      
        |  | (10)  the number of children who suffer from a severe | 
      
        |  | emotional disturbance and for whom the department is appointed | 
      
        |  | managing conservator, including statistics on appointments as | 
      
        |  | joint managing conservator, due to an individual voluntarily | 
      
        |  | relinquishing custody of a child solely to obtain mental health | 
      
        |  | services for the child. | 
      
        |  | (c)  Not later than September 1 of each year, the department | 
      
        |  | shall seek public input regarding the usefulness of, and any | 
      
        |  | proposed modifications to, existing reporting requirements and | 
      
        |  | proposed additional reporting requirements.  The department shall | 
      
        |  | evaluate the public input provided under this subsection and seek | 
      
        |  | to facilitate reporting to the maximum extent feasible within | 
      
        |  | existing resources and in a manner that is most likely to assist | 
      
        |  | public understanding of department functions. | 
      
        |  | (d)  In addition to the information required under | 
      
        |  | Subsections (a) and (b), the department shall annually publish | 
      
        |  | information on the number of children who died during the preceding | 
      
        |  | year whom the department determined had been abused or neglected | 
      
        |  | but whose death was not the result of the abuse or neglect.  The | 
      
        |  | department may publish the information described by this subsection | 
      
        |  | in the same report required by Subsection (a) or in another annual | 
      
        |  | report published by the department. | 
      
        |  | Sec. 264.018.  REQUIRED NOTIFICATIONS.  (a)  In this | 
      
        |  | section: | 
      
        |  | (1)  "Child-placing agency" has the meaning assigned by | 
      
        |  | Section 42.002, Human Resources Code. | 
      
        |  | (2)  "Residential child-care facility" has the meaning | 
      
        |  | assigned by Section 42.002, Human Resources Code. | 
      
        |  | (3)  "Psychotropic medication" has the meaning | 
      
        |  | assigned by Section 266.001. | 
      
        |  | (4)  "Significant change in medical condition" means | 
      
        |  | the occurrence of an injury or the onset of an illness that is | 
      
        |  | life-threatening or may have serious long-term health | 
      
        |  | consequences.  The term includes the occurrence or onset of an | 
      
        |  | injury or illness that requires hospitalization for surgery or | 
      
        |  | another procedure that is not minor emergency care. | 
      
        |  | (5)  "Significant event" means: | 
      
        |  | (A)  a placement change, including failure by the | 
      
        |  | department to locate an appropriate placement for at least one | 
      
        |  | night; | 
      
        |  | (B)  a significant change in medical condition; | 
      
        |  | (C)  an initial prescription of a psychotropic | 
      
        |  | medication or a change in dosage of a psychotropic medication; | 
      
        |  | (D)  a major change in school performance or a | 
      
        |  | serious disciplinary event at school; or | 
      
        |  | (E)  any event determined to be significant under | 
      
        |  | department rule. | 
      
        |  | (b)  The notification requirements of this section are in | 
      
        |  | addition to other notice requirements provided by law, including | 
      
        |  | Sections 263.0021, 264.107(g), and 264.123. | 
      
        |  | (c)  The department must provide notice under this section in | 
      
        |  | a manner that would provide actual notice to a person entitled to | 
      
        |  | the notice, including the use of electronic notice whenever | 
      
        |  | possible. | 
      
        |  | (d)  Not later than 24 hours after an event described by this | 
      
        |  | subsection, the department shall make a reasonable effort to notify | 
      
        |  | a parent of a child in the managing conservatorship of the | 
      
        |  | department of: | 
      
        |  | (1)  a significant change in medical condition of the | 
      
        |  | child; | 
      
        |  | (2)  the enrollment or participation of the child in a | 
      
        |  | drug research program under Section 266.0041; and | 
      
        |  | (3)  an initial prescription of a psychotropic | 
      
        |  | medication. | 
      
        |  | (e)  Not later than 48 hours before the department changes | 
      
        |  | the residential child-care facility of a child in the managing | 
      
        |  | conservatorship of the department, the department shall provide | 
      
        |  | notice of the change to: | 
      
        |  | (1)  the child's parent or the parent's attorney, if | 
      
        |  | applicable; | 
      
        |  | (2)  an attorney ad litem appointed for the child under | 
      
        |  | Chapter 107; | 
      
        |  | (3)  a guardian ad litem appointed for the child under | 
      
        |  | Chapter 107; | 
      
        |  | (4)  a volunteer advocate appointed for the child under | 
      
        |  | Chapter 107; and | 
      
        |  | (5)  the licensed administrator of the child-placing | 
      
        |  | agency responsible for placing the child or the licensed | 
      
        |  | administrator's designee. | 
      
        |  | (f)  As soon as possible but not later than the 10th day after | 
      
        |  | the date the department becomes aware of a significant event | 
      
        |  | affecting a child in the conservatorship of the department, the | 
      
        |  | department shall provide notice of the significant event to: | 
      
        |  | (1)  the child's parent or the parent's attorney, if | 
      
        |  | applicable; | 
      
        |  | (2)  an attorney ad litem appointed for the child under | 
      
        |  | Chapter 107; | 
      
        |  | (3)  a guardian ad litem appointed for the child under | 
      
        |  | Chapter 107; | 
      
        |  | (4)  a volunteer advocate appointed for the child under | 
      
        |  | Chapter 107; | 
      
        |  | (5)  the licensed administrator of the child-placing | 
      
        |  | agency responsible for placing the child or the licensed | 
      
        |  | administrator's designee; | 
      
        |  | (6)  a foster parent, prospective adoptive parent, | 
      
        |  | relative of the child providing care to the child, or director of | 
      
        |  | the group home or general residential operation where the child is | 
      
        |  | residing; and | 
      
        |  | (7)  any other person determined by a court to have an | 
      
        |  | interest in the child's welfare. | 
      
        |  | (g)  For purposes of Subsection (f), if a hearing for the | 
      
        |  | child is conducted during the 10-day notice period described by | 
      
        |  | that subsection, the department shall provide notice of the | 
      
        |  | significant event at the hearing. | 
      
        |  | (h)  The department is not required to provide notice under | 
      
        |  | this section to a parent of a child in the managing conservatorship | 
      
        |  | of the department if: | 
      
        |  | (1)  the department cannot locate the parent; | 
      
        |  | (2)  a court has restricted the parent's access to the | 
      
        |  | information; | 
      
        |  | (3)  the child is in the permanent managing | 
      
        |  | conservatorship of the department and the parent has not | 
      
        |  | participated in the child's case for at least six months despite the | 
      
        |  | department's efforts to involve the parent; | 
      
        |  | (4)  the parent's rights have been terminated; or | 
      
        |  | (5)  the department has documented in the child's case | 
      
        |  | file that it is not in the best interest of the child to involve the | 
      
        |  | parent in case planning. | 
      
        |  | (i)  The department is not required to provide notice of a | 
      
        |  | significant event under this section to the child-placing agency | 
      
        |  | responsible for the placement of a child in the managing | 
      
        |  | conservatorship of the department, a foster parent, a prospective | 
      
        |  | adoptive parent, a relative of the child providing care to the | 
      
        |  | child, or the director of the group home or general residential | 
      
        |  | operation where the child resides if that agency or individual is | 
      
        |  | required under a contract or other agreement to provide notice of | 
      
        |  | the significant event to the department. | 
      
        |  | (j)  A person entitled to notice from the department under | 
      
        |  | this section shall provide the department with current contact | 
      
        |  | information, including the person's e-mail address and the | 
      
        |  | telephone number at which the person may most easily be reached. | 
      
        |  | The person shall update the person's contact information as soon as | 
      
        |  | possible after a change to the information.  The department is not | 
      
        |  | required to provide notice under this section to a person who fails | 
      
        |  | to provide contact information to the department.  The department | 
      
        |  | may rely on the most recently provided contact information in | 
      
        |  | providing notice under this section. | 
      
        |  | (k)  To facilitate timely notification under this section, a | 
      
        |  | residential child-care facility contracting with the department | 
      
        |  | for 24-hour care shall notify the department, in the time provided | 
      
        |  | by the facility's contract, of a significant event for a child who | 
      
        |  | is in the conservatorship of the department and residing in the | 
      
        |  | facility. | 
      
        |  | (l)  The executive commissioner of the Health and Human | 
      
        |  | Services Commission shall adopt rules necessary to implement this | 
      
        |  | section using a negotiated rulemaking process under Chapter 2008, | 
      
        |  | Government Code. | 
      
        |  | SECTION 49.  Section 264.101(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The department may pay the cost of foster care for a | 
      
        |  | child only if: | 
      
        |  | (1)  the child [ for whom the department has initiated a  | 
      
        |  | suit and has been named managing conservator under an order  | 
      
        |  | rendered under this title, who is a resident of the state, and who] | 
      
        |  | has been placed by the department in a foster home or other | 
      
        |  | residential child-care facility [ institution], as defined by | 
      
        |  | Chapter 42, Human Resources Code, or in a comparable residential | 
      
        |  | facility in another state; and [ or] | 
      
        |  | (2)  the department: | 
      
        |  | (A)  has initiated suit and been named conservator | 
      
        |  | of the child; or | 
      
        |  | (B)  has the duty of care, control, and custody | 
      
        |  | after taking possession of the child in an emergency without a prior | 
      
        |  | court order as authorized by this subtitle [ who is under the  | 
      
        |  | placement and care of a state agency or political subdivision with  | 
      
        |  | which the department has entered into an agreement to reimburse the  | 
      
        |  | cost of care and supervision of the child]. | 
      
        |  | SECTION 50.  Section 264.107, Family Code, is amended by | 
      
        |  | amending Subsection (b), as amended by S.B. 219, Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, and adding Subsection (b-1) to | 
      
        |  | read as follows: | 
      
        |  | (b)  The department shall use an [ the standard] application | 
      
        |  | or assessment developed by the department in coordination with | 
      
        |  | interested parties [ provided by the Health and Human Services  | 
      
        |  | Commission] for the placement of children in contract residential | 
      
        |  | care. | 
      
        |  | (b-1)  Notwithstanding Subsection (b), the department shall | 
      
        |  | use the standard application for the placement of children in | 
      
        |  | contract residential care as adopted and maintained by the Health | 
      
        |  | and Human Services Commission until the department develops an | 
      
        |  | application or assessment under Subsection (b).  Subject to the | 
      
        |  | availability of funds, the department shall develop the application | 
      
        |  | or assessment not later than December 1, 2016.  This subsection | 
      
        |  | expires September 1, 2017. | 
      
        |  | SECTION 51.  Section 264.1075(b), Family Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  As soon as possible after a child begins receiving | 
      
        |  | foster care under this subchapter, the department shall assess | 
      
        |  | whether the child has a developmental or intellectual disability. | 
      
        |  | [ The commission shall establish the procedures that the department  | 
      
        |  | must use in making an assessment under this subsection.  The  | 
      
        |  | procedures may include screening or participation by: | 
      
        |  | [ (1)  a person who has experience in childhood  | 
      
        |  | developmental or intellectual disabilities; | 
      
        |  | [ (2)  a local intellectual and developmental  | 
      
        |  | disability authority; or | 
      
        |  | [ (3)  a provider in a county with a local child welfare  | 
      
        |  | board.] | 
      
        |  | SECTION 52.  Subchapter B, Chapter 264, Family Code, is | 
      
        |  | amended by adding Section 264.1085 to read as follows: | 
      
        |  | Sec. 264.1085.  FOSTER CARE PLACEMENT IN COMPLIANCE WITH | 
      
        |  | FEDERAL LAW REQUIRED.  The department or a licensed child-placing | 
      
        |  | agency making a foster care placement shall comply with the | 
      
        |  | Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). | 
      
        |  | SECTION 53.  The heading to Section 264.110, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 264.110.  PROSPECTIVE FOSTER OR ADOPTIVE PARENT | 
      
        |  | STATEMENT [ REGISTRY]. | 
      
        |  | SECTION 54.  Section 264.110(d), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  Before a child may be placed with a foster or adoptive | 
      
        |  | parent [ person under this section], the prospective foster or | 
      
        |  | adoptive parent [ person] must sign a written statement in which the | 
      
        |  | prospective foster or adoptive parent [ person] agrees to the | 
      
        |  | immediate removal of the child by the department under | 
      
        |  | circumstances determined by the department. | 
      
        |  | SECTION 55.  Section 264.121, Family Code, is amended by | 
      
        |  | amending Subsection (e) and adding Subsection (e-2) to read as | 
      
        |  | follows: | 
      
        |  | (e)  The department shall ensure that each youth acquires a | 
      
        |  | copy and a certified copy of the youth's birth certificate, a social | 
      
        |  | security card or replacement social security card, as appropriate, | 
      
        |  | and a personal identification certificate under Chapter 521, | 
      
        |  | Transportation Code, on or before the date on which the youth turns | 
      
        |  | 16 years of age.  The department shall designate one or more | 
      
        |  | employees in the Preparation for Adult Living Program as the | 
      
        |  | contact person to assist a youth who has not been able to obtain the | 
      
        |  | documents described by this subsection in a timely manner from the | 
      
        |  | youth's primary caseworker.  The department shall ensure that: | 
      
        |  | (1)  all youth who are age 16 or older are provided with | 
      
        |  | the contact information for the designated employees; and | 
      
        |  | (2)  a youth who misplaces a document provided under | 
      
        |  | this subsection receives assistance in obtaining a replacement | 
      
        |  | document or information on how to obtain a duplicate copy, as | 
      
        |  | appropriate. | 
      
        |  | (e-2)  When providing a youth with a document required by | 
      
        |  | Subsection (e-1), the department shall provide the youth with a | 
      
        |  | copy and a certified copy of the document or with the original | 
      
        |  | document, as applicable. | 
      
        |  | SECTION 56.  Section 264.014, Family Code, is transferred to | 
      
        |  | Section 264.121, Family Code, redesignated as Section | 
      
        |  | 264.121(e-1), Family Code, and amended to read as follows: | 
      
        |  | (e-1)  [ Sec. 264.014.  PROVISION OF COPIES OF CERTAIN  | 
      
        |  | RECORDS.]  If, at the time a youth [child] is discharged from foster | 
      
        |  | care, the youth [ child] is at least 18 years of age or has had the | 
      
        |  | disabilities of minority removed, the department shall provide to | 
      
        |  | the youth [ child], not later than the 30th day before the date the | 
      
        |  | youth [ child] is discharged from foster care, the following | 
      
        |  | information and documents unless the youth already has the | 
      
        |  | information or document [ a copy of]: | 
      
        |  | (1)  the youth's [ child's] birth certificate; | 
      
        |  | (2)  the youth's [ child's] immunization records; | 
      
        |  | (3)  the information contained in the youth's [ child's] | 
      
        |  | health passport; | 
      
        |  | (4)  a personal identification certificate under | 
      
        |  | Chapter 521, Transportation Code; | 
      
        |  | (5)  a social security card or a replacement social | 
      
        |  | security card, if appropriate; and | 
      
        |  | (6)  proof of enrollment in Medicaid, if appropriate. | 
      
        |  | SECTION 57.  Subchapter B, Chapter 264, Family Code, is | 
      
        |  | amended by adding Section 264.126 to read as follows: | 
      
        |  | Sec. 264.126.  REDESIGN IMPLEMENTATION PLAN.  (a)  The | 
      
        |  | department shall develop and maintain a plan for implementing the | 
      
        |  | foster care redesign required by Chapter 598 (S.B. 218), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011.  The plan must: | 
      
        |  | (1)  describe the department's expectations, goals, and | 
      
        |  | approach to implementing foster care redesign; | 
      
        |  | (2)  include a timeline for implementing the foster | 
      
        |  | care redesign throughout this state, any limitations related to the | 
      
        |  | implementation, and a progressive intervention plan and a | 
      
        |  | contingency plan to provide continuity of foster care service | 
      
        |  | delivery if a contract with a single source continuum contractor | 
      
        |  | ends prematurely; | 
      
        |  | (3)  delineate and define the case management roles and | 
      
        |  | responsibilities of the department and the department's | 
      
        |  | contractors and the duties, employees, and related funding that | 
      
        |  | will be transferred to the contractor by the department; | 
      
        |  | (4)  identify any training needs and include long-range | 
      
        |  | and continuous plans for training and cross-training staff; | 
      
        |  | (5)  include a plan for evaluating the costs and tasks | 
      
        |  | associated with each contract procurement, including the initial | 
      
        |  | and ongoing contract costs for the department and contractor; | 
      
        |  | (6)  include the department's contract monitoring | 
      
        |  | approach and a plan for evaluating the performance of each | 
      
        |  | contractor and the foster care redesign system as a whole that | 
      
        |  | includes an independent evaluation of processes and outcomes; and | 
      
        |  | (7)  include a report on transition issues resulting | 
      
        |  | from implementation of the foster care redesign. | 
      
        |  | (b)  The department shall annually: | 
      
        |  | (1)  update the implementation plan developed under | 
      
        |  | this section and post the updated plan on the department's Internet | 
      
        |  | website; and | 
      
        |  | (2)  post on the department's Internet website the | 
      
        |  | progress the department has made toward its goals for implementing | 
      
        |  | the foster care redesign. | 
      
        |  | SECTION 58.  The heading to Section 264.207, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 264.207.  HOME STUDY REQUIRED BEFORE ADOPTION | 
      
        |  | [ DEPARTMENT PLANNING AND ACCOUNTABILITY]. | 
      
        |  | SECTION 59.  Section 264.207(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The department must complete [ shall adopt policies that  | 
      
        |  | provide for the improvement of the department's services for  | 
      
        |  | children and families, including policies that provide for  | 
      
        |  | conducting] a home study before [within four months after] the date | 
      
        |  | an applicant is approved for an adoption [ and documenting the  | 
      
        |  | results of the home study within 30 days after the date the study is  | 
      
        |  | completed.  The policies adopted under this section must: | 
      
        |  | [ (1)  be designed to increase the accountability of the  | 
      
        |  | department to individuals who receive services and to the public;  | 
      
        |  | and | 
      
        |  | [ (2)  assure consistency of services provided by the  | 
      
        |  | department in the different regions of the state]. | 
      
        |  | SECTION 60.  Section 264.302(e), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (e)  The department shall provide services for a child and | 
      
        |  | the child's family if a contract to provide services under this | 
      
        |  | section is available in the county and the child is referred to the | 
      
        |  | department as an at-risk child by: | 
      
        |  | (1)  [ a court under Section 264.304; | 
      
        |  | [ (2)]  a juvenile court or probation department as part | 
      
        |  | of a progressive sanctions program under Chapter 59; | 
      
        |  | (2) [ (3)]  a law enforcement officer or agency under | 
      
        |  | Section 52.03; or | 
      
        |  | (3) [ (4)]  a justice or municipal court under Article | 
      
        |  | 45.057, Code of Criminal Procedure. | 
      
        |  | SECTION 61.  Chapter 265, Family Code, is amended by | 
      
        |  | designating Sections 265.001 through 265.004 as Subchapter A and | 
      
        |  | adding a subchapter heading to read as follows: | 
      
        |  | SUBCHAPTER A.  PREVENTION AND EARLY INTERVENTION SERVICES | 
      
        |  | SECTION 62.  Subchapter A, Chapter 265, Family Code, as | 
      
        |  | added by this Act, is amended by adding Section 265.005 to read as | 
      
        |  | follows: | 
      
        |  | Sec. 265.005.  STRATEGIC PLAN.  (a)  The department shall | 
      
        |  | develop and implement a five-year strategic plan for prevention and | 
      
        |  | early intervention services.  Not later than September 1 of the last | 
      
        |  | fiscal year in each five-year period, the department shall issue a | 
      
        |  | new strategic plan for the next five fiscal years beginning with the | 
      
        |  | following fiscal year. | 
      
        |  | (b)  A strategic plan required under this section must: | 
      
        |  | (1)  identify methods to leverage other sources of | 
      
        |  | funding or provide support for existing community-based prevention | 
      
        |  | efforts; | 
      
        |  | (2)  include a needs assessment that identifies | 
      
        |  | programs to best target the needs of the highest risk populations | 
      
        |  | and geographic areas; | 
      
        |  | (3)  identify the goals and priorities for the | 
      
        |  | department's overall prevention efforts; | 
      
        |  | (4)  report the results of previous prevention efforts | 
      
        |  | using available information in the plan; | 
      
        |  | (5)  identify additional methods of measuring program | 
      
        |  | effectiveness and results or outcomes; | 
      
        |  | (6)  identify methods to collaborate with other state | 
      
        |  | agencies on prevention efforts; and | 
      
        |  | (7)  identify specific strategies to implement the plan | 
      
        |  | and to develop measures for reporting on the overall progress | 
      
        |  | toward the plan's goals. | 
      
        |  | (c)  The department shall coordinate with interested parties | 
      
        |  | and communities in developing the strategic plan under this | 
      
        |  | section. | 
      
        |  | (d)  The department shall annually update the strategic plan | 
      
        |  | developed under this section. | 
      
        |  | (e)  The department shall post the strategic plan developed | 
      
        |  | under this section and any update to the plan on its Internet | 
      
        |  | website. | 
      
        |  | SECTION 63.  Subchapter D, Chapter 40, Human Resources Code, | 
      
        |  | as amended by S.B. 219, Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is transferred to Chapter 265, Family Code, | 
      
        |  | redesignated as Subchapter B, Chapter 265, Family Code, and amended | 
      
        |  | to read as follows: | 
      
        |  | SUBCHAPTER B [ D].  CHILD ABUSE AND NEGLECT PRIMARY PREVENTION | 
      
        |  | PROGRAMS | 
      
        |  | Sec. 265.051 [ 40.101].  DEFINITIONS.  In this subchapter: | 
      
        |  | (1)  "Children's trust fund" means a child abuse and | 
      
        |  | neglect primary prevention program. | 
      
        |  | (2)  "Primary prevention" means services and | 
      
        |  | activities available to the community at large or to families to | 
      
        |  | prevent child abuse and neglect before it occurs.  The term includes | 
      
        |  | infant mortality prevention education programs. | 
      
        |  | (3)  "Operating fund" means the Department of Family | 
      
        |  | and Protective Services child abuse and neglect prevention | 
      
        |  | operating fund account. | 
      
        |  | (4)  "State agency" means a board, commission, | 
      
        |  | department, office, or other state agency that: | 
      
        |  | (A)  is in the executive branch of the state | 
      
        |  | government; | 
      
        |  | (B)  was created by the constitution or a statute | 
      
        |  | of this state; and | 
      
        |  | (C)  has statewide jurisdiction. | 
      
        |  | (5)  "Trust fund" means the child abuse and neglect | 
      
        |  | prevention trust fund account. | 
      
        |  | Sec. 265.052 [ 40.102].  CHILD ABUSE AND NEGLECT PRIMARY | 
      
        |  | PREVENTION PROGRAMS.  (a)  The department shall operate the | 
      
        |  | children's trust fund to: | 
      
        |  | (1)  set policy, offer resources for community primary | 
      
        |  | prevention programs, and provide information and education on | 
      
        |  | prevention of child abuse and neglect; | 
      
        |  | (2)  develop a state plan for expending funds for child | 
      
        |  | abuse and neglect primary prevention programs that includes an | 
      
        |  | annual schedule of transfers of trust fund money to the operating | 
      
        |  | fund; | 
      
        |  | (3)  develop eligibility criteria for applicants | 
      
        |  | requesting funding for child abuse and neglect primary prevention | 
      
        |  | programs; and | 
      
        |  | (4)  establish funding priorities for child abuse and | 
      
        |  | neglect primary prevention programs. | 
      
        |  | (b)  The children's trust fund shall accommodate the | 
      
        |  | department's existing rules and policies in procuring, awarding, | 
      
        |  | and monitoring contracts and grants. | 
      
        |  | (c)  The department may: | 
      
        |  | (1)  apply for and receive funds made available by the | 
      
        |  | federal government or another public or private source for | 
      
        |  | administering programs under this subchapter and for funding for | 
      
        |  | child abuse and neglect primary prevention programs; and | 
      
        |  | (2)  solicit donations for child abuse and neglect | 
      
        |  | primary prevention programs. | 
      
        |  | Sec. 265.053 [ 40.104].  ADMINISTRATIVE AND OTHER COSTS. | 
      
        |  | (a)  Administrative costs under this subchapter during any fiscal | 
      
        |  | year may not exceed an amount equal to 50 percent of the interest | 
      
        |  | credited to the trust fund during the preceding fiscal year. | 
      
        |  | (b)  Funds expended under a special project grant from a | 
      
        |  | governmental source or a nongovernmental source for public | 
      
        |  | education or public awareness may not be counted as administrative | 
      
        |  | costs for the purposes of this section. | 
      
        |  | Sec. 265.054 [ 40.105].  CHILD ABUSE AND NEGLECT PREVENTION | 
      
        |  | TRUST FUND ACCOUNT.  (a)  The child abuse and neglect prevention | 
      
        |  | trust fund account is an account in the general revenue fund.  Money | 
      
        |  | in the trust fund is dedicated to child abuse and neglect primary | 
      
        |  | prevention programs. | 
      
        |  | (b)  The department may transfer money contained in the trust | 
      
        |  | fund to the operating fund at any time.  However, during a fiscal | 
      
        |  | year the department may not transfer more than the amount | 
      
        |  | appropriated for the operating fund for that fiscal year.  Money | 
      
        |  | transferred to the operating fund that was originally deposited to | 
      
        |  | the credit of the trust fund under Section 118.022, Local | 
      
        |  | Government Code, may be used only for child abuse and neglect | 
      
        |  | primary prevention programs. | 
      
        |  | (c)  Interest earned on the trust fund shall be credited to | 
      
        |  | the trust fund. | 
      
        |  | (d)  The trust fund is exempt from the application of Section | 
      
        |  | 403.095, Government Code. | 
      
        |  | (e)  All marriage license fees and other fees collected for | 
      
        |  | and deposited in the trust fund and interest earned on the trust | 
      
        |  | fund balance shall be appropriated each biennium only to the | 
      
        |  | operating fund for [ primary] child abuse and neglect primary | 
      
        |  | prevention programs. | 
      
        |  | Sec. 265.055 [ 40.106].  DEPARTMENT OPERATING FUND ACCOUNT. | 
      
        |  | (a)  The operating fund is an account in the general revenue fund. | 
      
        |  | (b)  Administrative and other costs allowed in Section | 
      
        |  | 265.053 [ 40.104] shall be taken from the operating fund.  The | 
      
        |  | department may transfer funds contained in the operating fund to | 
      
        |  | the trust fund at any time. | 
      
        |  | (c)  The legislature may appropriate the money in the | 
      
        |  | operating fund to carry out the provisions of this subchapter. | 
      
        |  | (d)  The operating fund is exempt from the application of | 
      
        |  | Section 403.095, Government Code. | 
      
        |  | Sec. 265.056 [ 40.107].  CONTRIBUTIONS.  (a)  The department | 
      
        |  | may solicit contributions from any appropriate source. | 
      
        |  | (b)  Any other contributions for child abuse and neglect | 
      
        |  | primary prevention or other prevention and early intervention | 
      
        |  | programs shall be deposited into a separate designated fund in the | 
      
        |  | state treasury and shall be used for that designated purpose. | 
      
        |  | (c)  A person may contribute funds to either the trust fund, | 
      
        |  | the operating fund, or a fund designated by the department for a | 
      
        |  | specific child abuse and neglect primary prevention or other | 
      
        |  | prevention or early intervention purpose. | 
      
        |  | (d)  If a person designates that a contribution is intended | 
      
        |  | as a donation to a specific fund, the contribution shall be | 
      
        |  | deposited in the designated fund. | 
      
        |  | SECTION 64.  Section 40.0561, Human Resources Code, is | 
      
        |  | transferred to Subchapter B, Chapter 265, Family Code, as | 
      
        |  | transferred and redesignated from Subchapter D, Chapter 40, Human | 
      
        |  | Resources Code, by this Act, and redesignated as Section 265.057, | 
      
        |  | Family Code, to read as follows: | 
      
        |  | Sec. 265.057  [ 40.0561].  COMMUNITY YOUTH DEVELOPMENT | 
      
        |  | GRANTS.  (a)  Subject to available funding, the department shall | 
      
        |  | award community youth development grants to communities identified | 
      
        |  | by incidence of crime.  The department shall give priority in | 
      
        |  | awarding grants under this section to areas of the state in which | 
      
        |  | there is a high incidence of juvenile crime. | 
      
        |  | (b)  The purpose of a grant under this section is to assist a | 
      
        |  | community in alleviating conditions in the family and community | 
      
        |  | that lead to juvenile crime. | 
      
        |  | SECTION 65.  Section 266.004, Family Code, is amended by | 
      
        |  | amending Subsections (e) and (f) and adding Subsection (k) to read | 
      
        |  | as follows: | 
      
        |  | (e)  The department, a person authorized to consent to | 
      
        |  | medical care under Subsection (b), the child's parent if the | 
      
        |  | parent's rights have not been terminated, a guardian ad litem or | 
      
        |  | attorney ad litem if one has been appointed, or the person providing | 
      
        |  | foster care to the child may petition the court for any order | 
      
        |  | related to medical care for a foster child that the department or | 
      
        |  | other person believes is in the best interest of the child.  Notice | 
      
        |  | of the petition must be given to each person entitled to notice | 
      
        |  | under Section 263.0021(b) [ 263.301(b)]. | 
      
        |  | (f)  If a physician who has examined or treated the foster | 
      
        |  | child has concerns regarding the medical care provided to the | 
      
        |  | foster child, the physician may file a letter with the court stating | 
      
        |  | the reasons for the physician's concerns.  The court shall provide a | 
      
        |  | copy of the letter to each person entitled to notice under Section | 
      
        |  | 263.0021(b) [ 263.301(b)]. | 
      
        |  | (k)  The department may consent to health care services | 
      
        |  | ordered or prescribed by a health care provider authorized to order | 
      
        |  | or prescribe health care services regardless of whether the | 
      
        |  | services are provided under the medical assistance program under | 
      
        |  | Chapter 32, Human Resources Code, if the department otherwise has | 
      
        |  | the authority under this section to consent to health care | 
      
        |  | services. | 
      
        |  | SECTION 66.  Section 266.0041(d), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  An independent medical advocate shall, within a | 
      
        |  | reasonable time after the appointment, interview: | 
      
        |  | (1)  the foster child in a developmentally appropriate | 
      
        |  | manner, if the child is four years of age or older; | 
      
        |  | (2)  the foster child's parent, if the parent is | 
      
        |  | entitled to notification under Section 264.018 [ 266.005]; | 
      
        |  | (3)  an advocate appointed by an institutional review | 
      
        |  | board in accordance with the Code of Federal Regulations, 45 C.F.R. | 
      
        |  | Section 46.409(b), if an advocate has been appointed; | 
      
        |  | (4)  the medical team treating the foster child as well | 
      
        |  | as the medical team conducting the drug research program; and | 
      
        |  | (5)  each individual who has significant knowledge of | 
      
        |  | the foster child's medical history and condition, including any | 
      
        |  | foster parent of the child. | 
      
        |  | SECTION 67.  Section 266.010(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A court with continuing jurisdiction may make the | 
      
        |  | determination regarding the foster child's capacity to consent to | 
      
        |  | medical care during a hearing under Chapter 263 or may hold a | 
      
        |  | hearing to make the determination on its own motion.  The court may | 
      
        |  | issue an order authorizing the child to consent to all or some of | 
      
        |  | the medical care as defined by Section 266.001.  In addition, a | 
      
        |  | foster child who is at least 16 years of age, or the foster child's | 
      
        |  | attorney ad litem, may file a petition with the court for a hearing. | 
      
        |  | If the court determines that the foster child lacks the capacity to | 
      
        |  | consent to medical care, the court may consider whether the foster | 
      
        |  | child has acquired the capacity to consent to medical care at | 
      
        |  | subsequent hearings under Section 263.5031 [ 263.503]. | 
      
        |  | SECTION 68.  Subdivisions (3), as amended by S.B. 219, Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, and (7), Subsection | 
      
        |  | (a), Section 411.114, Government Code, are amended to read as | 
      
        |  | follows: | 
      
        |  | (3)  The Department of Family and Protective Services | 
      
        |  | is entitled to obtain from the department criminal history record | 
      
        |  | information maintained by the department that relates to a person | 
      
        |  | with respect to whom the Department of Family and Protective | 
      
        |  | Services determines obtaining a criminal history record is | 
      
        |  | necessary to ensure the safety or welfare of a child, elderly | 
      
        |  | person, or person with a disability [ who is: | 
      
        |  | [ (A)  a volunteer or applicant volunteer with a  | 
      
        |  | local affiliate in this state of Big Brothers/Big Sisters of  | 
      
        |  | America; | 
      
        |  | [ (B)  a volunteer or applicant volunteer with the  | 
      
        |  | "I Have a Dream/Houston" program; | 
      
        |  | [ (C)  a volunteer or applicant volunteer with an  | 
      
        |  | organization that provides court-appointed special advocates for  | 
      
        |  | abused or neglected children; | 
      
        |  | [ (D)  a person providing, at the request of the  | 
      
        |  | child's parent, in-home care for a child who is the subject of a  | 
      
        |  | report alleging the child has been abused or neglected; | 
      
        |  | [ (E)  a volunteer or applicant volunteer with a  | 
      
        |  | Texas chapter of the Make-a-Wish Foundation of America; | 
      
        |  | [ (F)  a person providing, at the request of the  | 
      
        |  | child's parent, in-home care for a child only if the person gives  | 
      
        |  | written consent to the release and disclosure of the information; | 
      
        |  | [ (G)  a child who is related to the caretaker, as  | 
      
        |  | determined under Section 42.002, Human Resources Code, and who  | 
      
        |  | resides in or is present in a child-care facility or family home,  | 
      
        |  | other than a child described by Subdivision (2)(C), or any other  | 
      
        |  | person who has unsupervised access to a child in the care of a  | 
      
        |  | child-care facility or family home; | 
      
        |  | [ (H)  an applicant for a position with the  | 
      
        |  | Department of Family and Protective Services, other than a position  | 
      
        |  | described by Subdivision (2)(D), regardless of the duties of the  | 
      
        |  | position; | 
      
        |  | [ (I)  a volunteer or applicant volunteer with the  | 
      
        |  | Department of Family and Protective Services, other than a  | 
      
        |  | registered volunteer, regardless of the duties to be performed; | 
      
        |  | [ (J)  a person providing or applying to provide  | 
      
        |  | in-home, adoptive, or foster care for children to the extent  | 
      
        |  | necessary to comply with Subchapter B, Chapter 162, Family Code; | 
      
        |  | [ (K)  a Department of Family and Protective  | 
      
        |  | Services employee, other than an employee described by Subdivision  | 
      
        |  | (2)(H), regardless of the duties of the employee's position; | 
      
        |  | [ (L)  a relative of a child in the care of the  | 
      
        |  | Department of Family and Protective Services, to the extent  | 
      
        |  | necessary to comply with Section 162.007, Family Code; | 
      
        |  | [ (M)  a person, other than an alleged perpetrator  | 
      
        |  | in a report described in Subdivision (2)(I), living in the  | 
      
        |  | residence in which the alleged victim of the report resides; | 
      
        |  | [ (N)  an employee, volunteer, or applicant  | 
      
        |  | volunteer of a children's advocacy center under Subchapter E,  | 
      
        |  | Chapter 264, Family Code, including a member of the governing board  | 
      
        |  | of a center; | 
      
        |  | [ (O)  an employee of, an applicant for employment  | 
      
        |  | with, or a volunteer or an applicant volunteer with an entity or  | 
      
        |  | person that contracts with the Department of Family and Protective  | 
      
        |  | Services and has access to confidential information in the  | 
      
        |  | department's records, if the employee, applicant, volunteer, or  | 
      
        |  | applicant volunteer has or will have access to that confidential  | 
      
        |  | information; | 
      
        |  | [ (P)  an employee of or volunteer at, or an  | 
      
        |  | applicant for employment with or to be a volunteer at, an entity  | 
      
        |  | that provides supervised independent living services to a young  | 
      
        |  | adult receiving extended foster care services from the Department  | 
      
        |  | of Family and Protective Services; | 
      
        |  | [ (Q)  a person 14 years of age or older who will be  | 
      
        |  | regularly or frequently working or staying in a host home that is  | 
      
        |  | providing supervised independent living services to a young adult  | 
      
        |  | receiving extended foster care services from the Department of  | 
      
        |  | Family and Protective Services; or | 
      
        |  | [ (R)  a person who volunteers to supervise  | 
      
        |  | visitation under Subchapter B, Chapter 263, Family Code]. | 
      
        |  | (7)  The Department of Family and Protective Services | 
      
        |  | is not prohibited from releasing criminal history record | 
      
        |  | information obtained under this subsection to: | 
      
        |  | (A)  the person who is the subject of the criminal | 
      
        |  | history record information; | 
      
        |  | (B)  a child-care facility, child-placing agency, | 
      
        |  | or family home listed in Subdivision (2) that employs or is | 
      
        |  | considering employing the person who is the subject of the criminal | 
      
        |  | history record information; | 
      
        |  | (C)  a person or business entity described by | 
      
        |  | Subdivision (2)(E) [ or (3)] who uses or intends to use the services | 
      
        |  | of the volunteer or employs or is considering employing the person | 
      
        |  | who is the subject of the criminal history record information; | 
      
        |  | (D)  a person or business entity who uses or | 
      
        |  | intends to use the volunteer services of or who employs or is | 
      
        |  | considering employing the person who is the subject of the criminal | 
      
        |  | history record if the release of the record is related to the | 
      
        |  | purpose for which the record was obtained under Subdivision (3); | 
      
        |  | (E)  an adult who resides with an alleged victim | 
      
        |  | of abuse, neglect, or exploitation of a child, elderly person, or | 
      
        |  | person with a disability and who also resides with the alleged | 
      
        |  | perpetrator of that abuse, neglect, or exploitation if: | 
      
        |  | (i)  the alleged perpetrator is the subject | 
      
        |  | of the criminal history record information; and | 
      
        |  | (ii)  the Department of Family and | 
      
        |  | Protective Services determines that the release of information to | 
      
        |  | the adult is necessary to ensure the safety or welfare of the | 
      
        |  | alleged victim or the adult; or | 
      
        |  | (F) [ (E)]  an elderly or disabled person who is an | 
      
        |  | alleged victim of abuse, neglect, or exploitation and who resides | 
      
        |  | with the alleged perpetrator of that abuse, neglect, or | 
      
        |  | exploitation if: | 
      
        |  | (i)  the alleged perpetrator is the subject | 
      
        |  | of the criminal history record information; and | 
      
        |  | (ii)  the Department of Family and | 
      
        |  | Protective Services determines that the release of information to | 
      
        |  | the elderly or disabled person or adult is necessary to ensure the | 
      
        |  | safety or welfare of the elderly or disabled person. | 
      
        |  | SECTION 69.  (a)  Section 40.003, Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 40.003.  SUNSET PROVISION.  The Department of Family | 
      
        |  | and Protective Services is subject to Chapter 325, Government Code | 
      
        |  | (Texas Sunset Act).  Unless continued in existence as provided by | 
      
        |  | that chapter, the department is abolished and this chapter expires | 
      
        |  | September 1, 2027 [ 2015]. | 
      
        |  | (b)  This section takes effect only if H.B. 2304, S.B. 200, | 
      
        |  | or similar legislation of the 84th Legislature, Regular Session, | 
      
        |  | 2015, providing for the continuation of the Department of Family | 
      
        |  | and Protective Services is not enacted or does not become law.  If | 
      
        |  | H.B. 2304, S.B. 200, or similar legislation of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is enacted, becomes law, and | 
      
        |  | provides for the continuation of the department, this section has | 
      
        |  | no effect. | 
      
        |  | SECTION 70.  Section 40.030, Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 40.030.  ADVISORY COMMITTEES.  (a)  The executive | 
      
        |  | commissioner or the executive commissioner's designee may appoint | 
      
        |  | advisory committees in accordance with Chapter 2110, Government | 
      
        |  | Code. | 
      
        |  | (b)  The executive commissioner shall adopt rules, in | 
      
        |  | compliance with Chapter 2110, Government Code, regarding the | 
      
        |  | purpose, structure, and use of advisory committees by the | 
      
        |  | department.  The rules may include provisions governing: | 
      
        |  | (1)  an advisory committee's size and quorum | 
      
        |  | requirements; | 
      
        |  | (2)  qualifications for membership of an advisory | 
      
        |  | committee, including: | 
      
        |  | (A)  requirements relating to experience and | 
      
        |  | geographic representation; and | 
      
        |  | (B)  requirements for the department to include as | 
      
        |  | members of advisory committees youth who have aged out of foster | 
      
        |  | care and parents who have successfully completed family service | 
      
        |  | plans and whose children were returned to the parents, as | 
      
        |  | applicable; | 
      
        |  | (3)  appointment procedures for an advisory committee; | 
      
        |  | (4)  terms for advisory committee members; and | 
      
        |  | (5)  compliance with Chapter 551, Government Code. | 
      
        |  | SECTION 71.  Section 40.037(a), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The department shall develop and implement a training | 
      
        |  | program that each employee who is newly hired or promoted to a | 
      
        |  | management position in the child protective services division must | 
      
        |  | complete as soon as is practicable, but not later than the 60th day | 
      
        |  | after the date the employee is hired or promoted to [ before the  | 
      
        |  | employee begins serving in] the management position. | 
      
        |  | SECTION 72.  Section 40.0524(a), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  In a jurisdiction for which a children's advocacy center | 
      
        |  | has not been established under Section 264.402, Family Code, the | 
      
        |  | department shall, to [ To] the extent possible, [the department  | 
      
        |  | shall] establish multidisciplinary teams to provide services | 
      
        |  | relating to a report of child abuse or neglect.  A multidisciplinary | 
      
        |  | team shall include professionals in parent education and in each | 
      
        |  | professional discipline necessary to provide comprehensive medical | 
      
        |  | and psychological services to a child who is the subject of a report | 
      
        |  | and to members of the child's household. | 
      
        |  | SECTION 73.  Subchapter C, Chapter 40, Human Resources Code, | 
      
        |  | is amended by adding Section 40.05275 to read as follows: | 
      
        |  | Sec. 40.05275.  ANNUAL BUSINESS PLAN FOR CHILD PROTECTIVE | 
      
        |  | SERVICES.  (a)  The department shall develop and implement an | 
      
        |  | annual business plan for the child protective services program to | 
      
        |  | prioritize the department's activities and resources to improve the | 
      
        |  | program. | 
      
        |  | (b)  The department shall coordinate with the department's | 
      
        |  | regional staff in developing the annual business plan under this | 
      
        |  | section. | 
      
        |  | (c)  The annual business plan developed under this section | 
      
        |  | must include: | 
      
        |  | (1)  long-term and short-term performance goals; | 
      
        |  | (2)  identification of priority projects and ongoing | 
      
        |  | initiatives that are clearly linked to established goals; and | 
      
        |  | (3)  a statement of staff expectations that includes | 
      
        |  | identification of: | 
      
        |  | (A)  the person or team responsible for each | 
      
        |  | project; | 
      
        |  | (B)  the specific tasks and deliverables | 
      
        |  | expected; | 
      
        |  | (C)  the resources needed to accomplish each | 
      
        |  | project; | 
      
        |  | (D)  a time frame for the completion of each | 
      
        |  | deliverable and project; and | 
      
        |  | (E)  the expected outcome for each project and the | 
      
        |  | method and procedure for measuring the outcome to ensure effective | 
      
        |  | evaluation for each project. | 
      
        |  | (d)  Not later than October 1 of each year, the department | 
      
        |  | shall submit the annual business plan developed under this section | 
      
        |  | to the governor, lieutenant governor, speaker of the house of | 
      
        |  | representatives, and chairs of the standing committees of the | 
      
        |  | senate and house of representatives having primary jurisdiction | 
      
        |  | over child protection issues. | 
      
        |  | SECTION 74.  The heading to Section 40.0528, Human Resources | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 40.0528.  GOALS FOR ANNUAL BUSINESS [ COMPREHENSIVE  | 
      
        |  | STAFFING AND WORKLOAD DISTRIBUTION] PLAN FOR CHILD PROTECTIVE | 
      
        |  | SERVICES; REPORTING CASELOAD INFORMATION. | 
      
        |  | SECTION 75.  Section 40.0528(a), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The department shall consider the following goals in | 
      
        |  | developing the annual business plan required under Section 40.05275 | 
      
        |  | [ develop and implement a staffing and workload distribution plan] | 
      
        |  | for the child protective services program [ to]: | 
      
        |  | (1)  reducing [ reduce] caseloads; | 
      
        |  | (2)  enhancing [ enhance] accountability; | 
      
        |  | (3)  improving [ improve] the quality of | 
      
        |  | investigations; | 
      
        |  | (4)  eliminating [ eliminate] delays; and | 
      
        |  | (5)  ensuring [ ensure] the most efficient and effective | 
      
        |  | use of child protective services staff and resources. | 
      
        |  | SECTION 76.  Chapter 54, Human Resources Code, as amended by | 
      
        |  | S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | transferred to Subchapter C, Chapter 40, Human Resources Code, | 
      
        |  | redesignated as Section 40.075, Human Resources Code, and amended | 
      
        |  | to read as follows: | 
      
        |  | [ CHAPTER 54.  PROTECTIVE ORDERS SOUGHT BY DEPARTMENT OF FAMILY AND  | 
      
        |  | PROTECTIVE SERVICES] | 
      
        |  | Sec. 40.075 [ 54.001].  PROTECTIVE ORDERS.  (a)  The | 
      
        |  | executive commissioner shall adopt rules to provide procedures for | 
      
        |  | the filing of protective orders by the Department of Family and | 
      
        |  | Protective Services for the protection of a member of a family or | 
      
        |  | household as provided by Title 4, Family Code. | 
      
        |  | (b)  [ Sec. 54.002.  NOTICE TO NONABUSIVE PARENT OR HOUSEHOLD  | 
      
        |  | MEMBER.]  The department [Department of Family and Protective  | 
      
        |  | Services] shall provide prior notice to a nonabusive parent or | 
      
        |  | adult member of a household of the department's intent to file an | 
      
        |  | application for a protective order for a child or older person and | 
      
        |  | shall request the assistance of the person receiving the notice in | 
      
        |  | developing a safety plan for household members and the child or | 
      
        |  | older person for whom the order is sought.  The department shall | 
      
        |  | exercise reasonable safety precautions to protect a nonabusive | 
      
        |  | parent or other member of a household while providing notice and | 
      
        |  | requesting assistance under this section. | 
      
        |  | SECTION 77.  Section 42.048(f), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (f)  A license must be issued if the department determines | 
      
        |  | that a facility meets all requirements.  The evaluation shall be | 
      
        |  | based on one or more visits to the facility and a review of required | 
      
        |  | forms and records.  A license is valid until the license expires, is | 
      
        |  | revoked, or is surrendered. | 
      
        |  | SECTION 78.  Section 42.050, Human Resources Code, as | 
      
        |  | amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015, is amended to read as follows: | 
      
        |  | Sec. 42.050.  LICENSE RENEWAL.  (a)  A license holder may | 
      
        |  | apply for renewal of a [ new] license in compliance with the | 
      
        |  | requirements of this chapter and department rules. | 
      
        |  | (b)  The application for renewal of a [ new] license must be | 
      
        |  | completed and decided on by the department before the expiration of | 
      
        |  | the license under which a facility is operating. | 
      
        |  | (c)  The department shall evaluate the application for | 
      
        |  | renewal of a [ new] license to determine if all licensing | 
      
        |  | requirements are met.  The evaluation may include a specified | 
      
        |  | number of visits to the facility and must include a review of all | 
      
        |  | required forms and records. | 
      
        |  | (d)  The executive commissioner shall adopt rules governing | 
      
        |  | the license renewal process for all licenses issued under this | 
      
        |  | chapter.  The rules must include: | 
      
        |  | (1)  renewal periods; | 
      
        |  | (2)  a process for staggered renewals; | 
      
        |  | (3)  a process for resolving a late application for | 
      
        |  | renewal; | 
      
        |  | (4)  expiration dates; and | 
      
        |  | (5)  conditions for renewal. | 
      
        |  | SECTION 79.  Section 42.052, Human Resources Code, is | 
      
        |  | amended by amending Subsections (a) and (e) and adding Subsections | 
      
        |  | (e-1) and (f-1) to read as follows: | 
      
        |  | (a)  A state-operated child-care facility or child-placing | 
      
        |  | agency must receive certification of approval from the department. | 
      
        |  | The certification of approval remains valid until the certification | 
      
        |  | expires, is revoked, or is surrendered. | 
      
        |  | (e)  A registration [ or listing] remains valid until the | 
      
        |  | registration expires, is revoked, or is surrendered.  The operator | 
      
        |  | of a registered home must display the registration in a prominent | 
      
        |  | place at the home. | 
      
        |  | (e-1)  A listing remains valid until the listing is revoked | 
      
        |  | or surrendered. | 
      
        |  | (f-1)  The executive commissioner shall adopt rules | 
      
        |  | governing the certification and registration renewal process for | 
      
        |  | all certifications and registrations issued under this chapter. | 
      
        |  | The rules must include: | 
      
        |  | (1)  renewal periods; | 
      
        |  | (2)  a process for staggered renewals; | 
      
        |  | (3)  a process for resolving a late application for | 
      
        |  | renewal; | 
      
        |  | (4)  expiration dates; and | 
      
        |  | (5)  conditions for renewal. | 
      
        |  | SECTION 80.  Section 42.054, Human Resources Code, is | 
      
        |  | amended by amending Subsections (a), (b), (c), (d), and (e) and | 
      
        |  | adding Subsection (h) to read as follows: | 
      
        |  | (a)  The department shall charge an applicant a | 
      
        |  | nonrefundable application fee [ of $35] for an initial license to | 
      
        |  | operate a child-care facility or a child-placing agency. | 
      
        |  | (b)  The department shall charge each child-care facility a | 
      
        |  | fee [ of $35] for an initial license.  The department shall charge | 
      
        |  | each child-placing agency a fee [ of $50] for an initial license. | 
      
        |  | (c)  The department shall charge each licensed child-care | 
      
        |  | facility an annual license fee [ in the amount of $35 plus $1 for  | 
      
        |  | each child the child-care facility is permitted to serve].  The fee | 
      
        |  | is due on the date on which the department issues the child-care | 
      
        |  | facility's initial license and on the anniversary of that date. | 
      
        |  | (d)  The department shall charge each licensed child-placing | 
      
        |  | agency an annual license fee [ of $100].  The fee is due on the date | 
      
        |  | on which the department issues the child-placing agency's initial | 
      
        |  | license and on the anniversary of that date. | 
      
        |  | (e)  The department shall charge each family home that is | 
      
        |  | listed or registered with the department an annual fee [ to cover a  | 
      
        |  | part of the department's cost in regulating family homes.  The  | 
      
        |  | amount of the fee is $20 for a listed home or $35 for a registered  | 
      
        |  | home].  The fee is due on the date on which the department initially | 
      
        |  | lists or registers the home and on the anniversary of that date. | 
      
        |  | (h)  The executive commissioner by rule shall set fees under | 
      
        |  | this section. | 
      
        |  | SECTION 81.  Subchapter D, Chapter 42, Human Resources Code, | 
      
        |  | is amended by adding Section 42.0704 to read as follows: | 
      
        |  | Sec. 42.0704.  ENFORCEMENT POLICY.  (a)  The executive | 
      
        |  | commissioner by rule shall adopt a general enforcement policy that | 
      
        |  | describes the department's approach to enforcement of this chapter. | 
      
        |  | (b)  The enforcement policy must: | 
      
        |  | (1)  summarize the department's general expectations in | 
      
        |  | enforcing this chapter; | 
      
        |  | (2)  include the methodology required by Subsection | 
      
        |  | (c); and | 
      
        |  | (3)  describe the department's plan for strengthening | 
      
        |  | its enforcement efforts and for making objective regulatory | 
      
        |  | decisions. | 
      
        |  | (c)  As part of the enforcement policy, the department shall | 
      
        |  | develop and implement a methodology for determining the appropriate | 
      
        |  | disciplinary action to take against a person who violates this | 
      
        |  | chapter or a department rule.  The methodology must provide | 
      
        |  | guidance on when to use each of the available tools of enforcement, | 
      
        |  | including technical assistance, voluntary plans of action, | 
      
        |  | evaluation, probation, suspension or revocation of a license or | 
      
        |  | registration, denial of a license or registration, administrative | 
      
        |  | penalties, and emergency suspension.  The methodology must allow | 
      
        |  | the department to consider the circumstances of a particular case, | 
      
        |  | including the nature and seriousness of the violation, history of | 
      
        |  | previous violations, and aggravating and mitigating factors, in | 
      
        |  | determining the appropriate disciplinary action. | 
      
        |  | (d)  The department shall make the methodology described by | 
      
        |  | Subsection (c) available to the public, including by posting the | 
      
        |  | methodology on the department's Internet website. | 
      
        |  | SECTION 82.  Section 42.078(a-2), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a-2)  The department may impose an administrative penalty | 
      
        |  | without first imposing a nonmonetary administrative sanction for | 
      
        |  | violating a minimum standard applicable to a facility or family | 
      
        |  | home under this chapter that is determined by the department to be a | 
      
        |  | high-risk standard, including background check standards, safety | 
      
        |  | hazard standards, and supervision standards [ the following  | 
      
        |  | violations: | 
      
        |  | [ (1)  failing to timely submit the information required  | 
      
        |  | to conduct a background and criminal history check under Section  | 
      
        |  | 42.056 and applicable department rules on two or more occasions; | 
      
        |  | [ (2)  failing to submit the information required to  | 
      
        |  | conduct a background and criminal history check under Section  | 
      
        |  | 42.056 and applicable department rules before the 30th day after  | 
      
        |  | the date the facility or family home is notified by the department  | 
      
        |  | that the information is overdue; | 
      
        |  | [ (3)  except as provided by Section 42.056(g),  | 
      
        |  | knowingly allowing a person to be present in a facility or family  | 
      
        |  | home when the person's background and criminal history check has  | 
      
        |  | not been received; | 
      
        |  | [ (4)  knowingly allowing a person to be present in a  | 
      
        |  | facility or family home when the person's background and criminal  | 
      
        |  | history check has been received and contains criminal history or  | 
      
        |  | central registry findings that under department rules preclude the  | 
      
        |  | person from being present in the facility or family home; or | 
      
        |  | [ (5)  violating a condition or restriction the  | 
      
        |  | department places on a person's presence at a facility or family  | 
      
        |  | home as part of a pending or approved risk evaluation of the  | 
      
        |  | person's background and criminal history or central registry  | 
      
        |  | findings]. | 
      
        |  | SECTION 83.  Subchapter D, Chapter 42, Human Resources Code, | 
      
        |  | is amended by adding Section 42.079 to read as follows: | 
      
        |  | Sec. 42.079.  CEASE AND DESIST ORDER.  (a)  If it appears to | 
      
        |  | the department that a person who is not licensed, certified, | 
      
        |  | registered, or listed under this chapter is operating a child-care | 
      
        |  | facility or family home, the department, after notice and | 
      
        |  | opportunity for a hearing, may issue a cease and desist order | 
      
        |  | prohibiting the person from operating the facility or home. | 
      
        |  | (b)  A violation of an order under this section constitutes | 
      
        |  | grounds for imposing an administrative penalty under Section | 
      
        |  | 42.078. | 
      
        |  | SECTION 84.  Section 244.0105(a), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Not later than the 10th day before the date of a | 
      
        |  | permanency hearing under Subchapter D, Chapter 263, Family Code, or | 
      
        |  | [ a placement review hearing under] Subchapter F, Chapter 263, | 
      
        |  | Family Code, regarding a child for whom the Department of Family and | 
      
        |  | Protective Services has been appointed managing conservator, a | 
      
        |  | department caseworker shall submit a written report regarding the | 
      
        |  | child's commitment to the department to: | 
      
        |  | (1)  the court; | 
      
        |  | (2)  the Department of Family and Protective Services; | 
      
        |  | (3)  any attorney ad litem or guardian ad litem | 
      
        |  | appointed for the child; and | 
      
        |  | (4)  any volunteer advocate appointed for the child. | 
      
        |  | SECTION 85.  Section 244.0106(c), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  The rules adopted under this section must require: | 
      
        |  | (1)  the Department of Family and Protective Services | 
      
        |  | to: | 
      
        |  | (A)  provide the department with access to | 
      
        |  | relevant health and education information regarding a child; and | 
      
        |  | (B)  require a child's caseworker to visit the | 
      
        |  | child in person at least once each month while the child is | 
      
        |  | committed to the department; | 
      
        |  | (2)  the department to: | 
      
        |  | (A)  provide the Department of Family and | 
      
        |  | Protective Services with relevant health and education information | 
      
        |  | regarding a child; | 
      
        |  | (B)  permit communication, including in person, | 
      
        |  | by telephone, and by mail, between a child committed to the | 
      
        |  | department and: | 
      
        |  | (i)  the Department of Family and Protective | 
      
        |  | Services; and | 
      
        |  | (ii)  the attorney ad litem, the guardian ad | 
      
        |  | litem, and the volunteer advocate for the child; and | 
      
        |  | (C)  provide the Department of Family and | 
      
        |  | Protective Services and any attorney ad litem or guardian ad litem | 
      
        |  | for the child with timely notice of the following events relating to | 
      
        |  | the child: | 
      
        |  | (i)  a meeting designed to develop or revise | 
      
        |  | the individual case plan for the child; | 
      
        |  | (ii)  in accordance with any participation | 
      
        |  | protocols to which the Department of Family and Protective Services | 
      
        |  | and the department agree, a medical appointment at which a person | 
      
        |  | authorized to consent to medical care must participate as required | 
      
        |  | by Section 266.004(i), Family Code; | 
      
        |  | (iii)  an education meeting, including | 
      
        |  | admission, review, or dismissal meetings for a child receiving | 
      
        |  | special education; | 
      
        |  | (iv)  a grievance or disciplinary hearing | 
      
        |  | for the child; | 
      
        |  | (v)  a report of abuse or neglect of the | 
      
        |  | child; and | 
      
        |  | (vi)  a significant change in medical | 
      
        |  | condition of the child, as defined by Section 264.018 [ 266.005], | 
      
        |  | Family Code; and | 
      
        |  | (3)  the Department of Family and Protective Services | 
      
        |  | and the department to participate in transition planning for the | 
      
        |  | child through release from detention, release under supervision, | 
      
        |  | and discharge. | 
      
        |  | SECTION 86.  The following provisions, including provisions | 
      
        |  | amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015, are repealed: | 
      
        |  | (1)  Section 162.302, Family Code; | 
      
        |  | (2)  Section 162.303, Family Code; | 
      
        |  | (3)  Sections 162.304(c), (d), and (e), Family Code; | 
      
        |  | (4)  Section 162.308, Family Code; | 
      
        |  | (5)  Section 162.309, Family Code; | 
      
        |  | (6)  Section 261.004, Family Code; | 
      
        |  | (7)  Section 261.203(d), Family Code; | 
      
        |  | (8)  Section 261.3012, Family Code; | 
      
        |  | (9)  Sections 261.308(b) and (c), Family Code; | 
      
        |  | (10)  Section 261.310(c), Family Code; | 
      
        |  | (11)  Section 261.3101, Family Code; | 
      
        |  | (12)  Section 262.1041, Family Code; | 
      
        |  | (13)  Section 262.105(b), Family Code; | 
      
        |  | (14)  Section 263.008(a)(2), Family Code; | 
      
        |  | (15)  Sections 263.009(c), (d), (e), and (f), Family | 
      
        |  | Code; | 
      
        |  | (16)  Sections 263.102(c) and (g), Family Code; | 
      
        |  | (17)  Section 263.306(a), Family Code, as amended by | 
      
        |  | Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619), Acts | 
      
        |  | of the 83rd Legislature, Regular Session, 2013; | 
      
        |  | (18)  Section 263.306(b), Family Code; | 
      
        |  | (19)  Sections 263.501(d) and (e), Family Code; | 
      
        |  | (20)  Sections 263.502(b), (c), and (d), Family Code; | 
      
        |  | (21)  Section 263.503, Family Code; | 
      
        |  | (22)  Sections 264.002(a), (b), (c), and (d), Family | 
      
        |  | Code; | 
      
        |  | (23)  Section 264.012, Family Code; | 
      
        |  | (24)  Section 264.016, Family Code; | 
      
        |  | (25)  Sections 264.107(a), (c), and (d), Family Code; | 
      
        |  | (26)  Section 264.1071, Family Code; | 
      
        |  | (27)  Section 264.108, Family Code; | 
      
        |  | (28)  Sections 264.110(a), (b), (c), (e), (f), (g), and | 
      
        |  | (h), Family Code; | 
      
        |  | (29)  Section 264.111, Family Code; | 
      
        |  | (30)  Section 264.117, Family Code; | 
      
        |  | (31)  Section 264.119, Family Code; | 
      
        |  | (32)  Section 264.207(b), Family Code; | 
      
        |  | (33)  Section 264.208, Family Code; | 
      
        |  | (34)  Section 264.303, Family Code; | 
      
        |  | (35)  Section 264.304, Family Code; | 
      
        |  | (36)  Section 264.305, Family Code; | 
      
        |  | (37)  Section 264.306, Family Code; | 
      
        |  | (38)  Section 264.752(b), Family Code; | 
      
        |  | (39)  Section 264.851(1), Family Code; | 
      
        |  | (40)  Section 266.001(4), Family Code; | 
      
        |  | (41)  Section 266.005, Family Code; | 
      
        |  | (42)  Section 40.001(5), Human Resources Code; | 
      
        |  | (43)  Section 40.0305, Human Resources Code; | 
      
        |  | (44)  Section 40.031, Human Resources Code; | 
      
        |  | (45)  Section 40.0324, Human Resources Code; | 
      
        |  | (46)  Section 40.0327, Human Resources Code; | 
      
        |  | (47)  Section 40.036, Human Resources Code; | 
      
        |  | (48)  Sections 40.037(b) and (c), Human Resources Code; | 
      
        |  | (49)  Section 40.052, Human Resources Code; | 
      
        |  | (50)  Section 40.0523, Human Resources Code; | 
      
        |  | (51)  Section 40.0524(d), Human Resources Code; | 
      
        |  | (52)  Section 40.0525, Human Resources Code; | 
      
        |  | (53)  Sections 40.0528(b) and (c), Human Resources | 
      
        |  | Code; | 
      
        |  | (54)  Section 40.0566, Human Resources Code; | 
      
        |  | (55)  Section 40.069, Human Resources Code; and | 
      
        |  | (56)  Section 40.073, Human Resources Code. | 
      
        |  | SECTION 87.  Not later than January 1, 2016, the executive | 
      
        |  | commissioner of the Health and Human Services Commission shall | 
      
        |  | adopt rules necessary to implement the changes in law made by this | 
      
        |  | Act. | 
      
        |  | SECTION 88.  Not later than January 1, 2016, the Department | 
      
        |  | of Family and Protective Services shall seek public input for the | 
      
        |  | initial report required under Section 264.017, Family Code, as | 
      
        |  | added by this Act. | 
      
        |  | SECTION 89.  Not later than September 1, 2016, the | 
      
        |  | Department of Family and Protective Services shall adopt the | 
      
        |  | initial strategic plan required by Section 265.005, Family Code, as | 
      
        |  | added by this Act. | 
      
        |  | SECTION 90.  Section 42.078, Human Resources Code, as | 
      
        |  | amended by this Act, applies only to a violation that occurs on or | 
      
        |  | after the effective date of this Act.  A violation that occurs | 
      
        |  | before the effective date of this Act is governed by the law in | 
      
        |  | effect at the time the violation occurred, and the former law is | 
      
        |  | continued in effect for that purpose. | 
      
        |  | SECTION 91.  (a)  Except as otherwise provided by this | 
      
        |  | section, this Act takes effect September 1, 2015. | 
      
        |  | (b)  Sections 42.050(d) and 42.052(f-1), Human Resources | 
      
        |  | Code, as added by this Act, take effect September 1, 2016. |