Legislative update 83rd Legislature

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 Major Areas Education Visitation Medication

EDUCATION Surrogate Parent (§ 263.0025 TFC) Duties of attorney/guardian ad litems (§ 107.002, 107.004 TFC) Surrogate Parent (§ 263.0025 TFC) Education Decision-Making (§ 263.004 TFC)

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.

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

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.

VISITATION Temporary Visitation Schedule (§ 262.115 TFC) Visitation Plan (§ 263.107 TFC)

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.

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

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

MEDICATION Duties of AAL/GAL (§ 107.002, 107.003 TFC) Consent (§ 266.0042 TFC) Notification (§ 266.005 TFC) Monitoring (§266.011 TFC) Judicial Review (§263.306, 263.503 TFC)

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

Consent (§ 266.0042TFC) 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

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

Notification (§ 266.005 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.

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

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.

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

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

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

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

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

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

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

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

NOTICE OF PERMANENCY & PLACEMENT REVIEW HEARINGS (§ 263. 301, 263 NOTICE OF PERMANENCY & PLACEMENT REVIEW HEARINGS (§ 263.301, 263.501 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

CASA AND IMPACT (§ 264.614 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