Legislative Updates on House Bill 7 By State Rep. Gene Wu San Antonio – September 2017

Major CPS Bills HB4 (Burkett) – CPS Relative Care payments HB5 (Frank) – Remove DFPS from HHSC SB11/HB6 (Schwertner/Frank) – (See J. Scott McCown pres. at 11am) HB7 (Wu) – the court process

How We Got Here… CPS is a tough Policy Area for TXLEGE 150 House members / 30 Senators Roughly 3 or 4 have ever practiced CPS law Everyone cares – No one understands Started with workgroups around the state Houston to Lubbock Refined ideas Deleted: Too Expensive / Too Controversial / Too Complex Ran out of time

HB7 Overview Omnibus Bill – 68 pages / 79 sections Caption Limited: “Suits, Motions , and Services” & Licensing Focused on the Judicial Process Attempts to streamline process & re-balance the rules

I’m NOT covering: Licensing changes Minor Modification of Services Grammatical / Continuity Changes Boring Stuff

Civil Procedure Changes SCOTX & DFPS to “Look” at Broad Form Jury question – possible changes By Dec 31, 2017 SCOTX to establish Civil and Appellate Procedure rules to Remove conflict between Expedited Appeal and Motion for New Trial Extension for court reporter – no less than 20 days

Guardian Ad Litem New Powers / Duties: Talk to Educators / Service providers Access to placement Be consulted on issues Evaluate Service Providers Receive notifications for meetings Attend mediation

Attorney Ad Litem Continue to look at safety and well-being Including trauma Take appropriate actions / request hearing if needed MAY be appointed for as long child is in conservatorship*** Court may not decline medical advice without finding NO longer allow voluntary admission to mental health facility!

161.001 – Termination Exclusions May NOT terminate (or Remove 262.116) based on: Homeschooling child Is Economically Disadvantaged Charged w/ Non-violent Misdemeanor (Exclude TITLE 5. OFFENSES AGAINST THE PERSON) (Exclude TITLE 6. OFFENSES AGAINST THE FAMILY) Provided Low THC cannabis to child (read: therapeutic) Declined immunization for child DFPS CAN offer as part of overall case

161.001 Defense to (O) Ground May not terminate based (O) ground failure if: PARENT proves by Preponderance Unable to comply with specific provision & Parent made “Good Faith Effort” & Failure is NOT “attributable to any fault of the parent.” Intent: discourage use of O ground by itself Relief for Impossibility (ex. Parent in prison) DOES NOT CREATE “substantial compliance”

Pre-Show Cause Discovery Hurray! On Request of Attorney – BEFORE full adversary hearing Name(s) of witnesses to allegation to be called in hearing Copy of offense reports used to refresh memory of witnesses Copy of photos, video, or recording that will be presented ANYTIME before hearing (not specific on purpose) Very limited – only if it will be used in court Re-balance

Jurisdiction Issues When more than one petition open against the parent (suits filed in different courts – prevent duplication) Ability to consolidate and transfer more smoothly Automatic dismissal at 1 year mark No order required No motion required Added Extension based on parent completing return home transition

CPS Protective Orders DFPS has conservatorship & Child is a victim of abuse or neglect Court Determines there is a THREAT of: Immediate continued abuse or neglect Someone kidnapping the child Someone poses a threat to child or caregiver Someone committing act of violence against child/caregiver Not eligible for regular PO under family code (DV/SA based) (ex: threats against unrelated foster family) Normal PO rules

Foster Parents Notification for hearings “may, but not required to attend” May request to be heard at hearing Court shall allow testimony if requested Foster Parent intervention must wait 12 months (no longer use 6m)

Minor Changes Direct DFPS and TJJD to coordinate services EACH parent must be terminated on their own grounds Court SHALL review possible relative placement each hearing Voluntary agreement for TMC is NOT proof of Abuse/Neglect Non-indigent parents get automatic delay for Full Adv (7days) No Ex Parte hearings under 262 (outside of Emergency) Reporting requirements for DFPS when a child is moved Cottage homes get bumped up in standing RTC (and others) can’t refuse to respond to Judges

QUESTIONS?