83rd Legislative Session Bill Summaries
Bills noted with an asterisk (*) are a CASA priority.
A: Author
CA: Co-Author
S: Sponsor
CS: Co-Sponsor
Strengthening CASA’s Effectiveness
Bill # and
Author
SB 1
Effective Date
Summary
9/1/2013
SB 425*
A: Nelson
S: Cortez,
Farney, and
Raymond
9/1/2013
$4 million increase ($2 million/year) for CASA to recruit, train, and support more
volunteers.
Requires DFPS to consult with CASA, AALs and GALs in making placement decisions
except in emergency situations. (CASA Priority)
HB 1227*
A: Dukes
S: Williams
CS: West
HB 1185 *
A:
9/1/2013
Requires DFPS to develop an internet application that allows a CASA to access the child’s
electronic case file and to add his or her findings and reports to the child’s case file. (CASA
Priority)
9/1/2013
Permits a child’s attorney ad litem, guardian ad litem, or amicus attorney to retain records after
the appointment’s termination. (CASA Priority)
1
Thompson,
Senfronia
and
Longoria
S: Hancock
Mental Health of Foster Care Children
Bill # and
Author
HB 915*
A:
Kolkhorst,
N.
Gonzalez,
Burkett,
Naishtat,
and Dukes
CA: Clardy,
Márquez,
Menéndez,
Otto,
Patrick, and
Zedler
S: Nelson
CS: Uresti
and West
Effective Date
Summary
9/1/13
Overhauls the informed consent, monitoring, support, and judicial review surrounding the use
of psychotropic medications to treat foster children. (CASA priority)
 Requires DFPS to help youth plan for managing medication after leaving foster care. (same as
SB 424)
 Consent to medication becomes valid only if it is provided in the manner provided by Section
576.025(b), Health and Safety Code. The evidence of the consent may be included in the
foster child’s health passport. (same as SB 424)
 The department must notify the child’s parents of the initial prescription of a psychotropic
drug to a foster child and of any change in dosage of the psychotropic drug at the first
scheduled meeting between the parents and the child’s caseworker after the date the
psychotropic drug is prescribed or the dosage is changed. (same as SB 424)
 Summaries of a child’s medical care at each hearing under Chapter 263, must include any
non-pharmacological interventions tried before the prescription of a psychotropic drug, plans
for discontinuing the psychotropic drug, and the child’s prognosis with and without the
psychotropic drug. (same as SB 424)
 At a hearings under Chapter 263, a court must make findings as to whether the department
has required, in nonemergency situations, the child’s physician to consider and eliminate the
option of non-pharmacological interventions, including psychosocial interventions, before
prescribing a psychotropic drug for the child
2


Physicians prescribing psychotropic drugs to a foster child must have an office visit with the
child every 90 days to assess the child’s progress and the appropriateness of drug’s continued
use. (same as HB 838)
HHSC must use Medicaid prescription drug data to monitor the prescribing of psychotropic
drugs for children who are enrolled in the STAR Health Medicaid managed care program or
eligible for both Medicaid and Medicare; and children from another state but who are under
DFPS’ supervision.
SB 460/
HB 3224
A: Deuell
CA:
Zaffirini
S: Coleman
SB 718/
HB 1948
A: West
S: Burkett
9/1/2013
Requires that educators for whom a bachelor’s degree is a minimum requirement to get a teaching
certificate have instruction in detection and education of students with mental or emotional disorders
as part of the curriculum for that degree.
Immediately
Requires a person or agency appointed as the guardian or a managing conservator of a person
younger than 18 years of age to obtain a court order or emergency detention order for protective
custody if the minor does not consent to inpatient or outpatient treatment.
SB 421/
HB 3684
A: Zaffirini
CA:
Rodriguez
S:Naishtat
9/1/2013
Maintains and renames an interagency group which provides the legislature and state child-serving
agencies with recommendations on improving children's mental health services and support. The
system of care approach is widely recommended to better plan for and serve children and youth with
serious emotional disturbance, helping to keep them in their homes, with their families, and out of
more restrictive placements such as hospitalization, foster care, or juvenile justice.
3
Foster Care System
Bill # and
Author
SB 1
Effective Date Summary
9/1/2013
$166.2 million GR increase for Child Protective Services ($260.4 million all funds increase) to
significantly reduce caseworker caseloads and delinquent investigations, improve staff retention
initiatives, and provide essential IT enhancements.
This includes $35 million for targeted rate increases for foster care providers.
SB 44
A: Zaffirini,
West
CA: Uresti
S: Burkett
9/1/2013
SB 430/ HB
764/
HB 1683
A: Nelson
S: Guillen,
Raymond and
Lozano
HB 748
A: Raymond
S: Nelson
9/1/2013
Directs DFPS to inform parents on the option of joint conservatorship when considering
relinquishment of parental rights in order to acquire mental health services. Directs DFPS and
DSHS to study ways to prevent families from relinquishing a child to DFPS in order to get mental
health care, and requires DFPS to collect certain data related to the number of children who suffer
from a mental illness and for whom DFPS is appointed managing conservator because a person
voluntarily relinquished possession of the child solely to obtain mental health services for the child.
The bill requires the Council on Children and Families to make recommendations to HHSC to
eliminate the practice of including in the DFPS central registry the name of a person who
relinquishes possession of his or her child to DFPS solely to obtain mental health services for the
child. Executive Commission of HHSC may implement any recommendations that can be
implemented with existing resources.
Requires foster care parents to verify that they have attempted to find appropriate daycare in
order to receive monetary daycare assistance from DFPS. Foster parents must provide the
department with documentation that they have looked into daycare through community services,
including Head Start programs, prekindergarten classes, and early education programs offered in
public schools.
Immediately
Allows the Health and Humans Services Commission to use federal funds to test certain
innovative strategies in child welfare programs. (to apply for Title IV-E waiver) The federal
funds will be used to conduct demonstration projects to accomplish one or more of the following
goals: (1) provide more permanency for children by reducing time in foster care and promoting
4
HB 843
A: Lucio III,
Fallon and
Gonzalez, N.
SB 352/
HB 1453
A: West
S: Gonzalez,
N.
9/1/2013
SB 427/
HB 1680
A: Nelson
S: Raymond
9/1/2013
9/1/2013
successful transitions to adulthood for former foster youth; (2) increase positive outcomes for
infants, children, and families in their homes and communities and increasing the safety and wellbeing of infants, children, and youth; and (3) prevent child abuse and neglect and the reentry of
children into foster care. (DFPS priority)
Provides notice of a permanency hearing to a 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. The child would be
entitled to at least 10 days’ notice and to present evidence and be heard at the hearing. (Texans Care
for Children Priority)
Requires DFPS to provide the opportunity for a visit to take place within 72 hours of the
child’s removal. Requires the visitation plan to be developed by the 30 day hearing. The court
should review what the temporary visitation schedule should be between the first visit and the
formal plan established by the 30th day. Requires DFPS to develop a temporary visitation
schedule, in cooperation with the parent, which covers the time period in between the visit at
72hrs and the time at which the formal visitation plan is developed by the 30th day. Visitation
plans and their outcomes should be regularly reviewed at each permanency court hearing and
the court should examine the need for supervision of visitation to be reduced as it is safe to do
so.
In order to assist in supervising visits between children and their parents, DFPS should
attempt to employ the use of volunteers including those who are directly engaged with the
department as well as those who work for organizations that serve children in state care. The
standard criminal CPS and criminal background checks should be employed. (One Voice
priority)
Creates stricter compliance standards for residential child-care facilities. SB 427 closes a
loophole by requiring residential child care contractors and CPS workers who coordinate services
for children in foster care homes to undergo background checks before working with children in the
foster care and child placement system. The executive commissioner, director, owner, or operator of
a residential child-care facility will have to submit a complete set of their fingerprints. In addition, a
background and criminal history check will have to be conducted on certain individuals according to
the Health and Human Resources Code, Section 42.056.The department can impose administrative
sanctions and penalties for noncompliance.
5
SB 428/
HB 1682
A: Nelson
S: Raymond
SB 534
A: West
S: Dukes
9/1/2013
SB 742/ HB
1677
A: Carona
S: Frullo
SB 717
A: West
S: Naishtat
9/1/2013
SB 769
A: Uresti
S:
McClendon
9/1/2013
SB 771*
A: Uresti
CA: Nelson
S: Raymond
SB 886
A: Uresti
S: Lewis
1/1/2014
9/1/2013
Immediately
9/1/2013
Lays the foundation for CPS to establish mentoring programs in which foster parents can mentor
biological parents as they prepare to be reunited with their children. Specifically, it deletes a
requirement for a duplicative background check that currently creates an administrative and cost
barrier to creating a mentoring program.
Adds a third permanency planning meeting at 9 months into the case for each child in DFPS
custody. After obtaining TMC, DFPS must have the first meeting within 45 days, the second
meeting within five months, and the third meeting within nine months. Intended to prevent children
from entering PMC.
Requires local law enforcement to enter a report of a missing child into the national crime
information center missing person file if the child is in foster care or in the conservatorship of DFPS
and had been reported missing on two or more occasions in the 24-month period preceding the date
of the current report.
Allows a minor to consent to housing or care provided through a transitional living program.
A minor may provide consent if the minor is 16 years of age or older and lives apart from the
minor’s parent, managing conservator, or guardian and manages the minor’s own financial affairs;
or is unmarried and is pregnant or is the parent of a child.
Establishes a pilot program to provide specialized training to foster parents of children who
have been traumatized or have serious mental health needs. The program requires that either
DFPS or another state agency provide the training through existing resources or that a local
governmental entity or charitable organization be able to provide the training at no cost to the state.
The program must be in a county with a population of at least 1.5 million that is within 200 miles of
an international border.
Requires DFPS to 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 before the employee begins serving in the management position.
Clarifies the status of a transitioning youth and their relationship to the court system upon the
youths’ 18th birthday. A young adult who was in the conservatorship of the department the day
before the young adult’s 18th birthday has two options upon turning 18: enter extended foster care or
begin trial independence. Under either circumstance the court that had ` over a young adult on the
day before the person’s 18th birthday continues to have extended jurisdiction over the young adult.
6
SB 1589
A:Zaffirini
CA: Uresti
S: Dukes
9/1/2013
HB 2111
A: Strama
S: Nelson
9/1/2013
Generally this extended jurisdiction will continue until the young adult is appointed a guardian or the
earlier of the last day of the trial independence or the young adult’s 21st birthday. Trial independence
is the status given to a young adult who either does not enter extended foster care at age 18 or leaves
extended foster care before turning 21. The default time period for trial independence is 6 months
but may be court ordered for up to a year.
Requires experiential life-skills training that a foster care provider is required to provide, or assist
youth age 14 or older in obtaining, to include financial literacy skills including : obtaining and
interpreting a credit score; protecting, repairing, and improving a credit score; avoiding predatory
lending practices; saving money and accomplishing financial goals through prudent financial
management practices; using basic banking and accounting skills, including balancing a checkbook;
using debit and credit cards responsibly; understanding a paycheck and items withheld from a
paycheck; and protecting financial, credit, and identifying information in personal and professional
relationships; and assists a youth who has a source of income to establish a savings plan and, if
available, a savings account that the youth can independently manage.
Requires a person who provides transitional living services to assist youth in obtaining services that
will assist them in developing skills in food preparation and nutrition education that promotes health
food choices. This is added to the other experiential life-skills training youth are required to receive.
Education
Bill # and
Author
HB 2619*
A: Naishtat
S: West
CS: Zaffirini
Effective Date Summary
9/1/2013
Allows a child in DFPS custody and placed outside their home school’s jurisdiction to attend their
home school until they successfully complete the highest grade level offered by that school.
Requires GAL’s and AAL’s to report to the court on their efforts to address the educational needs of
the children they represent. Allows the court to appoint a surrogate parent, which can be a CASA,
when necessary to ensure the educational rights of a child eligible for a district’s special education
program are protected. Requires school districts to provide notice to a child’s educational decision
maker and case worker regarding events that may significantly impact the education of a child.
Requires school districts to excuse a child from school to attend a mental health or therapy
7
Immediately
SB 1404*
A: Patrick and
Uresti
S: Parker
appointment.
Provides protections for high school students in DFPS custody who are transferred into different
school districts including exceptions for course completion and graduation
Relative Caregivers
SB 502
A: West
S: Zerwas
9/1/2013
Prior to placing the child with a proposed relative or other designated caregiver, the department must
provide the same information and opportunity for a pre-placement visit that is provided for paid
foster care homes. Allows DFPS to increase kinship integration payments from $1000 per sibling
group to up to $1000 per child
New and Continued Task Forces
Bill # and
Author
HB 1272/
SB 811
A: Fletcher,
McClendon,
Harless,
Riddle and
Thompson,
S.
CA: Cortez,
Frullo and
Muñoz
S: Van de
Putte
Effective Date
Summary
Immediately
Continues Human Trafficking Prevention Task Force through September 1, 2015. Effective
immediately if it achieves 2/3 vote by elected members of each house, otherwise effective as of
September 1, 2013.
8
CS: Garcia,
Zaffirini
SB 1174/
HB 2620
A: Collier,
Cortez
S: Deuell
Immediately
Creates a task force on domestic violence. The task force will examine on the impact of domestic
violence on maternal and infant mortality, the health of mothers, and the health and development of
fetuses, infants, and children. Additionally, the task force will identify areas to improve the health care
services to these groups, and identify methods to effectively include domestic violence information
and support in educational standards for educators and protocols for health care providers.
Child Protection
Bill # and
Author
SB 12/
HB 330
A: Huffman
S: Riddle
HB 424
A: Burkett,
Sheets and
Fletcher
S: Deuell
HB 1302
A: Clardy,
Springer,
Toth, Paddie
and King, K.
S: Nichols
Effective Date
Summary
9/1/2013
This bill would allow the admission of evidence of other previous sex offenses against a child
during the guilt-innocence stage of a trial. This is a priority for Children’s Advocacy Centers.
9/1/2013
Directors of group homes must conduct a search through a DPS website as soon as practicable
after a person requests to live at a group home or is assigned to live there in order to determine
whether that person is a registered sex offender. Excludes certain group homes that accept or are
assigned only residents who are sex offenders required to register under Chapter 62, Code of Criminal
Procedure.
Imposes a sentence of life without parole for certain repeat sex offenders, and restricts sex
offenders from certain types of employment. Sex offenders are precluded from the following types
of employment: operating a bus, providing taxi and/or limousine services, or any type of service in
another person’s residence. In addition, sex offenders required to register for an offense or conduct
involving a victim younger than 17 years old may not operate or offer to operate any amusement ride.
9/1/2013
9
HB 431/
SB 189
A: Riddle,
Harless,
Parker, and
Bonnen, D.
CA: Zedler
S: Huffman
SB 330/
HB 1922:
A: Huffman
CA: West
S:
Thompson,
S.
SB 384/
HB 1205
A: Parker,
Raymond,
Zerwas,
Fallon,
Naishtat
CA: Price,
Simmons,
Wu, and
Miller, R.
S: Carona
HB 1206
A: Parker
and Fallon
CA: Cortez,
Immediately
Inmates currently serving a sentence for or having been previously convicted of a second degree
felony or a third degree felony under Section 22.04, Penal Code, if the victim of the offense is a
child, may not be released for mandatory supervision.
9/1/2013
A social study evaluator may access the department’s complete, unredacted copy of any investigative
record regarding abuse or neglect that relates to any person residing in the residence subject to the
social study. The evaluator may only disclose this information to the extent necessary to make a
recommendation. Any unauthorized disclosure is a misdemeanor.
9/1/2013
Professionals or persons required to report commit an offense if they knowingly fail to make a report
under section 261.101(a), Family Code. The offense becomes a felony if during the trial it is shown
that that the person or professional intended to conceal the abuse or neglect.
9/1/2013
Imposes penalties on a person who fails to report a missing child or the death of a child.
10
Simmons,
and Miller,
R.
S: Huffman
HB 1228
A: Dukes,
Thompson,
S., Harless,
Zerwas and
Raymond
CA: Allen,
Alonzo,
Alvarado, et
al.
S: Davis
CS: Hinojosa
and Zaffirini
SB 426
A: Nelson
CA: Deuell,
West
S: Zerwas
HB 1648
A: Raymond
S: Nelson
9/1/2013
In addition to domestic violence, a court must consider the history of sexual abuse when determining
whether to appoint someone as a sole or joint managing conservator. The court will consider evidence
of sexual abuse by a party directed against the party’s spouse, a parent of the child, or any person
younger than 18 years of age committed within a two-year period preceding the filing of the suit or
during the pendency of the suit. The court will also consider sexual abuse when determining whether
to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory
conservator.
9/1/2013,
except Section
531.9871,
Government
Code, as added
by this Act,
takes effect
1/15/2015
9/1/2013
Home Visitation Expansion and Accountability Act. Strengthens standards for home visitation
programs conducted by early childhood and health professionals that prevent abuse and neglect in
high risk families. Section 531.9871 instructs the Commission to submit a report to the Committee on
Health and Human Services on home visiting programs Dec. 1 of each even-numbered year.
Protects any photograph, videotape, audiotape, or other audio or visual recording, depiction, or
documentation of a child that is made by DFPS in the course of an inspection from being subject to an
open records request. The documentation may only be released as required by state or federal law or
rules adopted by the executive commissioner.
11
9/1/2013
SB 939/
HB 2495
A: West
CA: Uresti
S: Parker and
Miller, R.
SB 369/ HB
879
A: Whitmire
S: Burnam
SB 1191/
HB 2560
A: Davis
CA: Zaffirini
S:
Thompson,
S.
SB 1192/
HB 2559
A: Davis
S:
Thompson,
S.
SB 946
A: Nelson
S: Bohac
Requires the TEA to develop a policy governing the reports of child abuse and neglect. Employees
must make a report in the manner required by Chapter 261, Family Code, before informing their
supervisor. Requires institutions of higher education to adopt a similar reporting requirement and
provide training for certain employees in recognizing and preventing sexual abuse and other
maltreatment of children and the responsibility and procedure of reporting suspected occurrences of
sexual abuse and other maltreatment.
9/1/2013
Removes the name and address of the employer of an individual from the Texas sex offender
registry’s public database.
9/1/2013
Allows a sexual assault survivor to be transferred to what has been designated in a communitywide plan as the primary health care facility for treating sexual assault survivors. According to
statistics provided by the United States Department of Justice, two out of three rapes and sexual assaults
go unreported. While this underreporting is due to a variety of reasons, it is believed that one potential
barrier is access to health care facilities that are capable of treating and collecting evidence from sexual
assault survivors. This bill seeks to address this concern.
9/1/2013
Gives the victim of a sexual assault various rights in regard to notification about evidence that
was collected the assault. These rights include receiving notice when evidence collected during the
investigation of the assault is submitted to a crime lab for analysis.
1/1/2014
Allows victims (or their parents or guardians) of stalking, indecency with a child or sexual
performance with a child to terminate their lease in certain circumstances.
12
Domestic Violence and CPS
Bill # and
Author
SB 66
A: Nelson
S:
Laubenberg
SB 130*
A: Nelson
CA: Garcia
S: Lewis
SB 423/
HB 1679
A: Nelson
S: Raymond
Effective Date
Summary
9/1/2013
Expands the committee reviewing child fatality to also include an emergency medical services
provider and a provider of services to, or advocate for, victims of family violence.
Immediately
Clarifies the law to make it easier for prosecutors representing CPS in civil cases to also help the
parents in a CPS case obtain a protective order for herself and/or the child. (CASA priority)
9/1/2013
SB 743/
HB 2172
A: Nelson
S: Lucio III
SB 357
A: Hinojosa
S: Anchia
9/1/2013
Authorizes an alternative response system for low-risk cases in which there is no immediate
danger to a child. For qualifying cases, Child Protective Services (CPS) would have the flexibility to
take a more supportive approach with families that can be kept together through education,
counseling, and other services. Scheduled to rollout to in one or more of the department’s
administrative regions before being implemented statewide. (DFPS priority)
Creates an offense for continuous violation of a protective order in family violence cases. Offenders
who violate a protective order two or more times in a 12-month-period while the first violation is still
pending in court would be subject to a third-degree felony.
SB 893/
HB 1848
A: Carona
S: Carter
9/1/2013
9/1/2013
Clarifies existing law concerning victims of stalking and sexual assault seeking protective orders.
Additionally, improves protections to victims of human trafficking. Allows a court to issue a
protective order if it finds that there are reasonable grounds to believe that the applicant is the victim
of sexual assault or abuse, stalking, or trafficking.
Strengthens the protections available to victims of sexual assault violence to be on par with those
afforded to victims of family violence. Prohibits a perpetrator from communication of any kind with
a sexual assault or stalking victim, making the offense a Class A misdemeanor. In addition, the bill
extends the protections afforded to victims of family violence to all victims, regardless of the crime, so
that any violation of bond conditions is also considered a Class A misdemeanor.
13
Juvenile Justice
Bill # and
Author
Effective Date Summary
HB 91/
SB 92
A: Van de
Putte
CA: Paxton
S: Thompson,
S.
9/1/2013
HB 497/
HB 528
A: Giddings,
Miles, Wu,
and Turner, S.
S: Whitmire
SB 394/
HB 3058
A: West
S: Herrero
and Wu
SB 511/
HB 1388
A: Whitmire
S: Workman
1/1/2014
Designates a juvenile court and a pre-adjudication diversion program for juveniles whom have
allegedly violated certain penal laws regarding prostitution. Each county must dedicate at least
one court for this purpose. If the designated court does not have jurisdiction the county must
designate at least one additional court that does have jurisdiction. A law enforcement officer may not
issue a warning instead of taking a child into custody if the officer has probable cause to believe the
child violating Section 43.02, Penal Code, was a victim of conduct under section 20A.02, Penal
Code. The juvenile board of each county must adopt guidelines for the disposition of the child.
These guidelines will be permissive. A juvenile court may defer adjudication proceedings and
dismiss cases on completion of a trafficked persons court program under certain circumstances.
Makes all records relating to a child charged or convicted of fine-only misdemeanors
confidential.
9/1/2013
Makes all records relating to a child convicted of or receiving a deferral of disposition for fineonly misdemeanors confidential.
12/1/2013
This bill creates an alternative sentencing system for juvenile offenders that is controlled by
local county juvenile authorities and diverts such offenders from the Texas Juvenile Justice
Department (TJJD). This bill is based on the philosophy that treatment and rehabilitative services
are more effective when they can be delivered in the same community the child usually resides. This
14
SB 2 (83(2))
A:
Laubenberg;
Burkett;
HarperBrown;
Bonnen,
Greg; King,
Phil
Immediately
system envisions the family participating in the youth’s rehabilitative services.
Mandatory life prison sentence for individuals who committed their offense when under the age of
18 and are found guilty of a capitol felony. Mandatory life without parole sentence for individuals
who committed their offense when 18 years of age or older and found guilty of capitol felony.
Applied when death penalty is not being sought.
Charitable & Nonprofit Organizations
Bill # and
Author
SB 245/
HB 1100
A: West
CA: Nelson,
Uresti
S: Otto
Effective Date
Summary
9/1/2013
Expands the eligibility requirements for Children’s Advocacy Centers. In order to be eligible,
Children’s Advocacy Centers need to implement program components that include a case tracking
system; a child-focused setting; family advocacy and victim support services; forensic interviews
conducted in a neutral, fact-finding environment; specialized medical evaluation and treatment
services; specialized trauma-focused mental health services; and a system to ensure that all services
available are culturally competent and diverse. (CAC priority)
Miscellaneous
Bill # and
Author
HB 817/
SB 353
Effective Date
Summary
Immediately
Allows a juvenile facility providing services solely for the Texas Juvenile Justice Department and an
emergency shelter facility providing shelter or care to a minor and the minor’s child or children, if
15
A: West
S: Dukes
9/1/2013
SB 126
A: Nelson
CA:
Schwertner
S: Davis, J.
SB 1060/ HB 9/1/2013
1098
A: Nelson
S: Zerwas
any, under Section 32.201, Family Code, to operate a child-care facility or child-placing agency
without a license issued by the department.
Creates a public reporting system to measure the performance and outcomes relating to mental
health and substance abuse services established by the Legislative Budget Board and the
Department of Health and Human Services. The system would report on community centers
providing mental health services, pilot programs, and third-party contractors. The available
information would protect an individual’s identity.
Requires the Department of Assistive and Rehabilitative Services to collect data and evaluate the
cost-effectiveness of family cost share provisions in the Early Childhood Intervention (ECI)
program, and to implement changes to those provisions to improve the cost-effectiveness of the
program. Family cost sharing provisions for the ECI program were implemented in 2004.
HB 1396
A: King, S.
and Miller,
D.
S: Nelson
9/1/2013
HB 845/
SB 1246
A: Lucio III
S: West
SB 1759
A: Uresti
S: Lewis
9/1/2013
Requires the Department of Family and Protective services to compile and publish certain
information about drugs and alcohol. Specifically, the department must report the number of
children who were born addicted to alcohol or a controlled substance and the controlled substances
to which the children were addicted. In addition, the department must report the number of children
born addicted who were removed from their homes and have been diagnosed as having a disability
or chronic medical condition resulting from the addiction; and the number of parents who test
positive for the presence of a controlled substance during a department investigation of a report of
abuse or neglect.
Expands the way written notice required by a standard court order for possession of a child can be
provided to include e-mail and fax.
9/1/2013
Requires attorneys on an appointment list to serve as attorneys ad litem (AAL) for a child or parent
in a CPS suit to obtain at least 3 hours annually of relevant training. In addition, it requires
appointment of an AAL for an indigent parent or an alleged father in all suits where DFPS is
seeking to be appointed as conservator, not just when DFPS is seeking termination of parental
rights. Courts are directed to address the issue of appointment of the attorney ad litem prior to the
commencement of a full adversary hearing and to postpone that hearing, if necessary, to give the
AAL time to prepare for the hearing. The duties of an AAL appointed to represent an alleged father
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are clarified, and the court has an ongoing obligation to inform indigent parent who is not already
represented of their right to an AAL at the status hearing and at each permanency hearing.
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