1. Legislative update 83rd Legislature

2. 83rd Legislature Regular Session
House Bills
3,950 Bills Filed
732 Bills Passed
5 Bills Vetoed
Senate Bills
1,918 Bills Filed
705 Bills Passed
11 Bills Vetoed

3. 3 Major Areas
Education
Visitation
Medication

4. EDUCATION Surrogate Parent (§ 263.0025 TFC)
Duties of attorney/guardian ad litems (§ , TFC)
Surrogate Parent (§ TFC)
Education Decision-Making (§ TFC)

5. Duties of attorney/guardian ad litems (§ 107.002, 107.004 TFC)
Determine whether the child’s educational needs and goals have been identified and addressed.

6. Surrogate Parent (§ 263.0025 TFC)
Court may appoint when necessary to ensure educational rights are protected;
Court may not appoint:
DFPS
TEA
School or School District
Any other agency involved in the education or care of the child

7. Education Decision-Making (§263.004 TFC)
DFPS to file with court a report identifying the name and contact info for each person designated to make educational decisions for child and each person assigned to serve as surrogate parent.
Report must be filed 5 days after the adversary hearing and 5 days after change.

8. VISITATION Temporary Visitation Schedule (§ 262.115 TFC)
Visitation Plan (§ TFC)

9. Temporary Visitation Schedule (§ 262.115 TFC)
Applies when DFPS is TMC and goal is reunification
Opportunity to visit no later than 3 days after named TMC (2 exceptions)
Prior to adversary hearing must develop temporary visitation schedule.

10. In considering frequency and circumstances of visitation, must consider:
Safety and best interest of child
Age of the child
Desires of each parent regarding visitation
Location of each parent and the child
The resources available to CPS

11. Visitation Plan (§ 263.107, 263.109 TFC)
Applies when DFPS is TMC and goal is reunification
Develop no later than 30 days after DFPS named TMC
Must file no later than 10 days prior to status hearing
If no visits, Court must:
State reasons why
Outline specific steps parent must take to be allowed to have visitation
If supervised visits, Court must:
outline specific steps the parent must take to have the level of supervision reduced

12. MEDICATION Duties of AAL/GAL (§ 107.002, 107.003 TFC)
Consent (§ TFC)
Notification (§ TFC)
Monitoring (§ TFC)
Judicial Review (§ , TFC)

13. Duties of attorney/guardian ad litem (§ 107.002, 107.003 TFC)
Review medical care provided to the child
Seek to elicit child’s opinion on medical care provided
Attorney ad litem and child is 16 or older

14. Consent (§ TFC)
For consent to the administration of psychotropic medication, need 2 things:
Consent is given voluntarily and without undue influence
Person who consents receives verbally or in writing certain information

15. Person who consents receives verbally or in writing certain information:
Specific condition to be treated
Probable health and mental health consequences of not consenting to medication
Probable clinically significant side effects and risks associated with the medication
Generally accepted alternative medications and non-pharmacological interventions to the medications if any, and the reasons for the proposed course of treatment

16. Notification (§ TFC)
Required notification to parents of initial prescription of psychotropic medication and any change in dosage at the first scheduled meeting between parent and caseworker after the date the psychotropic medication is prescribed or the dosage is changed.

17. Monitoring (§266.011 TFC) Must be seen once every 90 days to:
Appropriately monitor the side effects of the medication
Determine whether the medication is helping the child achieve treatment goals and continued use of medication is appropriate

18. Judicial Review (§266.007(a) TFC)
At each Permanency and Placement Review Hearing, Court must now determine:
Is child receiving appropriate medical care
The child has been provided opportunity to express opinion on medical care provided
For a child receiving psychotropic medication, if child has been provided appropriate psychosocial therapies, behavior strategies, and other non-pharmacological interventions and has been seen at least once every 90 days by prescribing physician, physician assistant, or advanced practice nurse.

19. Powers & Duties of Attorney Ad Litem (§107.0132, 107.014 TFC)

20. Ad Litems for Alleged Fathers Required to:
Conduct investigation regarding CPS’s due diligence in locating alleged father(s)
Interview any party or other person with significant knowledge
Conduct an independent investigation to identify or locate alleged father
If AAL unable to identify or locate alleged father, required to submit a written summary with efforts to identify or locate the alleged father with a statement unable to identify or located alleged father
On receipt of written summary the court shall discharge the attorney

21. AAL for Certain Parents when parent whose identity or location is unknown, AAL shall:
Conduct investigation regarding CPS’s due diligence in locating the parent
Interview any party or other person with significant knowledge
Conduct an independent investigation to identify or locate the parent
If AAL unable to identify or locate the parent, required to submit a written summary with efforts to identify or locate the parent with a statement unable to identify or locate the parent
On receipt of written summary the court shall discharge the attorney

22. Attorney Ad Litem Appointments (§262.201, 263.0061 TFC)
Amendments to ensure that prior to the Adversary Hearing, and at the Status Hearing and each Permanency Hearing, the Court inform each parent not represented by an attorney the right to be represented by an attorney

23. FLEXIBLE RESPONSE SYSTEM (§ 261.3015 TFC)
Alternative Response System
No final case disposition or designating a perpetrator of abuse/neglect
Less adversarial, more collaborative approach

24. Alternative Response System (§ 261.3015 TFC)
Does not apply:
Alleged sexual abuse
Alleged abuse/neglect that caused the death of a child
Allegations that indicate a risk of serious physical injury or immediate serious harm to a child

25. Alternative Response System (§ 261.3015 TFC)
Alternative Response Must Include:
Safety assessment of the child
Assessment of child’s family
Collaboration with child’s family, identification of any necessary and appropriate services, or support to reduce risk of future harm to child

26. MANDATORY REPORTING (§ 261.101 TFC)
Adult Victims
Person/professional believes adult was a victim of abuse/neglect as a child and disclosure of the information necessary to protect the health and safety of another child or an elderly or disabled person
Board that licenses or certifies

27. NOTICE OF PERMANENCY & PLACEMENT REVIEW HEARINGS (§ 263. 301, 263
NOTICE OF PERMANENCY & PLACEMENT REVIEW HEARINGS (§ , TFC)
10 days notice to child if:
Child is 10 years of age or older; or
Court determines it is appropriate for the child to receive notice

28. CASA AND IMPACT (§ TFC)
DFPS to create internet application to allow CASA representing a child in DFPS’s managing conservatorship access to the child’s case file through IMPACT