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

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. 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!

9. 161.001 – Termination Exclusions
May NOT terminate (or Remove ) 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

10. 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”

11. 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

12. 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

13. 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

14. 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)

15. 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

16. QUESTIONS?