CHAPTER 264. CHILD WELFARE SERVICES - Texas Statutes

FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE

PARENT-CHILD RELATIONSHIP

SUBTITLE E. PROTECTION OF THE CHILD

CHAPTER 264. CHILD WELFARE SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 264.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Family and Protective

Services.

(2) "Commission" means the Health and Human Services Commission.

(3) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(4) "Residential child-care facility" has the meaning assigned

by Section 42.002, Human Resources Code.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.42, eff. September 1, 2005.

Sec. 264.002. DUTIES OF DEPARTMENT. (a) The department shall:

(1) promote the enforcement of all laws for the protection of

abused and neglected children; and

(2) take the initiative in all matters involving the interests

of children where adequate provision has not already been made.

(b) The department shall give special attention to the

dissemination of information through bulletins and visits, where

practical, to all agencies operating under a provision of law

affecting the welfare of children.

(c) Through the county child welfare boards, the department

shall work in conjunction with the commissioners courts, juvenile

boards, and all other officers and agencies involved in the

protection of children. The department may use and allot funds

for the establishment and maintenance of homes, schools, and

institutions for the care, protection, education, and training of

children in conjunction with a juvenile board, a county or city

board, or any other agency.

(d) The department shall visit and study the conditions in

state-supported eleemosynary institutions for children and shall

make actions for the management and operation of the institutions

that ensure that the children receive the best possible training

in contemplation of their earliest discharge from the

institutions.

(e) The department may not spend state funds to accomplish the

purposes of this chapter unless the funds have been specifically

appropriated for those purposes.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 264.004. ALLOCATION OF STATE FUNDS. (a) The department

shall establish a method of allocating state funds for children's

protective services programs that encourages and rewards the

contribution of funds or services from all persons, including

local governmental entities.

(b) Except as provided by this subsection, if a contribution of

funds or services is made to support a children's protective

services program in a particular county, the department shall use

the contribution to benefit that program. The department may use

the contribution for another purpose only if the commissioners

court of the county gives the department written permission.

(c) The department may use state and federal funds to provide

benefits or services to children and families who are otherwise

eligible for the benefits or services, including foster care,

adoption assistance, medical assistance, family reunification

services, and other child protective services and related

benefits without regard to the immigration status of the child or

the child's family.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 23, eff.

Sept. 1, 1997.

Sec. 264.005. COUNTY CHILD WELFARE BOARDS. (a) The

commissioners court of a county may appoint a child welfare board

for the county. The commissioners court and the department shall

determine the size of the board and the qualifications of its

members. However, a board must have not less than seven and not

more than 15 members, and the members must be residents of the

county. The members shall serve at the pleasure of the

commissioners court and may be removed by the court for just

cause. The members serve without compensation.

(b) With the approval of the department, two or more counties

may establish a joint child welfare board if that action is found

to be more practical in accomplishing the purposes of this

chapter. A board representing more than one county has the same

powers as a board representing a single county and is subject to

the same conditions and liabilities.

(c) The members of a county child welfare board shall select a

presiding officer and shall perform the duties required by the

commissioners court and the department to accomplish the purposes

of this chapter.

(d) A county child welfare board is an entity of the department

for purposes of providing coordinated state and local public

welfare services for children and their families and for the

coordinated use of federal, state, and local funds for these

services. The child welfare board shall work with the

commissioners court.

(e) A county child welfare board is a governmental unit for the

purposes of Chapter 101, Civil Practice and Remedies Code.

(f) A county child protective services board member may receive

information that is confidential under Section 40.005, Human

Resources Code, or Section 261.201 when the board member is

acting in the member's official capacity.

(g) A child welfare board may conduct a closed meeting under

Section 551.101, Government Code, to discuss, consider, or act on

a matter that is confidential under Section 40.005, Human

Resources Code, or Section 261.201.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 24, eff.

Sept. 1, 1997.

Sec. 264.006. COUNTY FUNDS. The commissioners court of a county

may appropriate funds from its general fund or any other fund for

the administration of its county child welfare board. The court

may provide for services to and support of children in need of

protection and care without regard to the immigration status of

the child or the child's family.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 25, eff.

Sept. 1, 1997.

Sec. 264.007. COOPERATION WITH DEPARTMENT OF HEALTH AND HUMAN

SERVICES. The department is the state agency designated to

cooperate with the United States Department of Health and Human

Services in:

(1) establishing, extending, and strengthening public welfare

services for the protection and care of abused or neglected

children;

(2) developing state services for the encouragement and

assistance of adequate methods of community child welfare

organizations and paying part of the cost of district, county, or

other local child welfare services in rural areas and in other

areas of special need; and

(3) developing necessary plans to implement the services

contemplated in this section and to comply with the rules of the

United States Department of Health and Human Services under the

federal Social Security Act (42 U.S.C. Section 651 et seq.).

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 264.008. CHILD WELFARE SERVICE FUND. The child welfare

service fund is a special fund in the state treasury. The fund

shall be used to administer the child welfare services provided

by the department.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) Except

as provided by Subsection (b), (c), or (f), in any action under

this code, the department shall be represented in court by the

county attorney of the county where the action is brought, unless

the district attorney or criminal district attorney of the county

elects to provide representation.

(b) If the county attorney, district attorney, or criminal

district attorney is unable to represent the department in an

action under this code because of a conflict of interest or

because special circumstances exist, the attorney general shall

represent the department in the action.

(c) If the attorney general is unable to represent the

department in an action under this code, the attorney general

shall deputize an attorney who has contracted with the department

under Subsection (d) or an attorney employed by the department

under Subsection (e) to represent the department in the action.

(d) Subject to the approval of the attorney general, the

department may contract with a private attorney to represent the

department in an action under this code.

(e) The department may employ attorneys to represent the

department in an action under this code.

(f) In a county with a population of 2.8 million or more, in an

action under this code, the department shall be represented in

court by the attorney who represents the state in civil cases in

the district or county court of the county where the action is

brought. If such attorney is unable to represent the department

in an action under this code because of a conflict of interest or

because special circumstances exist, the attorney general shall

represent the department in the action.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 116, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 91, eff.

Sept. 1, 1997.

Sec. 264.0091. USE OF TELECONFERENCING AND VIDEOCONFERENCING

TECHNOLOGY. Subject to the availability of funds, the

department, in cooperation with district and county courts, shall

expand the use of teleconferencing and videoconferencing to

facilitate participation by medical experts, children, and other

individuals in court proceedings, including children for whom the

department, an authorized agency, or a licensed child-placing

agency has been appointed managing conservator and who are

committed to the Texas Youth Commission.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.43, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

108, Sec. 12, eff. May 23, 2009.

Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF

FUNDS. (a) Funds appropriated for protective services, child

and family services, and the purchased service system for the

department may only be spent on or after March 1, 1996, in a

county that provides the department with a child abuse prevention

and protection plan. If a plan is not submitted to the department

under this section, the department shall document the county's

failure to submit a plan and may spend appropriated funds in the

county to carry out the department's duties under this subtitle.

(b) A child abuse prevention and protection plan may be

submitted by the governing body of a county or of a regional

council of governments in which the county is an active

participant.

(c) The department may not require a child abuse prevention and

protection plan to exceed five double-spaced letter-size pages.

The county or council of governments may voluntarily provide a

longer plan.

(d) A child abuse prevention and protection plan must:

(1) specify the manner of communication between entities who are

parties to the plan, including the department, the Texas

Department of Human Services, local law enforcement agencies, the

county and district attorneys, members of the medical and social

service community, foster parents, and child advocacy groups; and

(2) provide other information concerning the prevention and

investigation of child abuse in the area for which the plan is

adopted.

Added by Acts 1995, 74th Leg., ch. 943, Sec. 6, eff. Sept. 1,

1995.

Sec. 264.011. LOCAL ACCOUNTS. (a) The department may establish

and maintain local bank or savings accounts for a child who is

under the managing conservatorship of the department as necessary

to administer funds received in trust for or on behalf of the

child.

(b) Funds maintained in an account under this section may be

used by the department to support the child, including for the

payment of foster care expenses, or may be paid to a person

providing care for the child.

Added by Acts 1997, 75th Leg., ch. 575, Sec. 26, eff. Sept. 1,

1997.

Sec. 264.0111. MONEY EARNED BY CHILD. (a) A child for whom the

department has been appointed managing conservator and who has

been placed by the department in a foster home or child-care

institution as defined by Chapter 42, Human Resources Code, is

entitled to keep any money earned by the child during the time of

the child's placement.

(b) The child may deposit the money earned by the child in a

bank or savings account subject to the sole management and

control of the child as provided by Section 34.305, Finance Code.

The child is the sole and absolute owner of the deposit account.

(c) If a child earns money as described by this section and is

returned to the child's parent or guardian, the child's parent or

guardian may not interfere with the child's authority to control,

transfer, draft on, or make a withdrawal from the account.

(d) In this section, a reference to money earned by a child

includes any interest that accrues on the money.

(e) The department may adopt rules to implement this section.

Added by Acts 2001, 77th Leg., ch. 964, Sec. 3, eff. Sept. 1,

2001.

Sec. 264.012. BURIAL EXPENSES FOR CHILD IN FOSTER CARE. (a)

The department shall request that the parents pay reasonable and

necessary burial expenses for a child for whom the department has

been appointed managing conservator and who dies in foster care,

including a request that if the parents have an insurance policy

or a bank account for the child, that the parents spend the

proceeds from the policy or money in the account on the burial

expenses. If the parents cannot pay all or part of the burial

expenses, the department shall spend funds appropriated for the

child protective services program to pay reasonable and necessary

burial expenses for the child.

(a-1) The department shall spend money appropriated for the

child protective services program to pay reasonable and necessary

burial expenses for a person for whom the department is paying

for foster care under Section 264.101(a-1)(2) and who dies while

in foster care unless there is money in the person's estate or

other money available to pay the person's burial expenses.

(b) The department may accept donations, gifts, or in-kind

contributions to cover the costs of any burial expenses paid by

the department under this section.

(c) This section does not apply to a foster parent.

Added by Acts 1997, 75th Leg., ch. 575, Sec. 26, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 1248, Sec. 1, eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 9, eff. September 1, 2007.

Sec. 264.013. EXCHANGE OF INFORMATION WITH OTHER STATES.

Subject to the availability of funds, the department shall enter

into agreements with other states to allow for the exchange of

information relating to a child for whom the department is or was

the managing conservator. The information may include the

child's health passport and education passport.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.44, eff. September 1, 2005.

Sec. 264.014. PROVISION OF COPIES OF CERTAIN RECORDS. If, at

the time a child is discharged from foster care, the child is at

least 18 years of age or has had the disabilities of minority

removed, the department shall provide to the child, not later

than the 30th day before the date the child is discharged from

foster care, a copy of:

(1) the child's birth certificate;

(2) the child's immunization records;

(3) the information contained in the child's health passport;

(4) a personal identification certificate under Chapter 521,

Transportation Code;

(5) a social security card or a replacement social security

card, if appropriate; and

(6) proof of enrollment in Medicaid, if appropriate.

Added by Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 10, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

57, Sec. 1, eff. September 1, 2009.

Sec. 264.015. TRAINING. The department shall include training

in trauma-informed programs and services in any training the

department provides to foster parents, adoptive parents, kinship

caregivers, and department caseworkers. The department shall pay

for the training provided under this section with gifts,

donations, and grants and any federal money available through the

Fostering Connections to Success and Increasing Adoptions Act of

2008 (Pub. L. No. 110-351).

Added by Acts 2009, 81st Leg., R.S., Ch.

1118, Sec. 5, eff. September 1, 2009.

SUBCHAPTER B. FOSTER CARE

Sec. 264.101. FOSTER CARE PAYMENTS. (a) The department may pay

the cost of foster care for a child:

(1) for whom the department has initiated a suit and has been

named managing conservator under an order rendered under this

title, who is a resident of the state, and who has been placed by

the department in a foster home or child-care institution, as

defined by Chapter 42, Human Resources Code; or

(2) who is under the placement and care of a state agency or

political subdivision with which the department has entered into

an agreement to reimburse the cost of care and supervision of the

child.

(a-1) The department shall continue to pay the cost of foster

care for a child for whom the department provides care, including

medical care, until the last day of the month in which the child

attains the age of 18. The department shall continue to pay the

cost of foster care for a child after the month in which the

child attains the age of 18 as long as the child is:

(1) regularly attending high school or enrolled in a program

leading toward a high school diploma or high school equivalency

certificate;

(2) regularly attending an institution of higher education or a

postsecondary vocational or technical program;

(3) participating in a program or activity that promotes, or

removes barriers to, employment;

(4) employed for at least 80 hours a month; or

(5) incapable of performing the activities described by

Subdivisions (1)-(4) due to a documented medical condition.

(a-2) The department shall continue to pay the cost of foster

care under:

(1) Subsection (a-1)(1) until the last day of the month in which

the child attains the age of 22; and

(2) Subsections (a-1)(2)-(5) until the last day of the month the

child attains the age of 21.

(b) The department may not pay the cost of protective foster

care for a child for whom the department has been named managing

conservator under an order rendered solely under Section

161.001(1)(J).

(c) The payment of foster care, including medical care, for a

child as authorized under this subchapter shall be made without

regard to the child's eligibility for federally funded care.

(d) The executive commissioner of the Health and Human Services

Commission may adopt rules that establish criteria and guidelines

for the payment of foster care, including medical care, for a

child and for providing care for a child after the child becomes

18 years of age if the child meets the requirements for continued

foster care under Subsection (a-1).

(d-1) The executive commissioner may adopt rules that prescribe

the maximum amount of state money that a residential child-care

facility may spend on nondirect residential services, including

administrative services. The commission shall recover the money

that exceeds the maximum amount established under this

subsection.

(e) The department may accept and spend funds available from any

source to pay for foster care, including medical care, for a

child in the department's care.

(f) In this section, "child" means a person who:

(1) is under 22 years of age and for whom the department has

been appointed managing conservator of the child before the date

the child became 18 years of age; or

(2) is the responsibility of an agency with which the department

has entered into an agreement to provide care and supervision of

the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 27, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

183, Sec. 1, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

268, Sec. 1.45, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1118, Sec. 6, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1238, Sec. 6(b), eff. October 1, 2010.

Sec. 264.1015. LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE. (a)

The cost of foster care provided for a child, including medical

care, is an obligation of the estate of the child and the estate

is liable to the department for the cost of the care.

(b) The department may take action to recover from the estate of

the child the cost of foster care for the child.

Added by Acts 1997, 75th Leg., ch. 575, Sec. 28, eff. Sept. 1,

1997.

Sec. 264.102. COUNTY CONTRACTS. (a) The department may

contract with a county commissioners court to administer the

funds authorized by this subchapter for eligible children in the

county and may require county participation.

(b) The payments provided by this subchapter do not abrogate the

responsibility of a county to provide child welfare services.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 264.103. DIRECT PAYMENTS. The department may make direct

payments for foster care to a foster parent residing in a county

with which the department does not have a contract authorized by

Section 264.102.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 264.104. PARENT OR GUARDIAN LIABILITY. (a) The parent or

guardian of a child is liable to the state or to the county for a

payment made by the state or county for foster care of a child

under this subchapter.

(b) The cost of foster care for a child, including medical care,

is a legal obligation of the child's parents, and the estate of a

parent of the child is liable to the department for payment of

the costs.

(c) The funds collected by the state under this section shall be

used by the department for child welfare services.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 29, eff.

Sept. 1, 1997.

Sec. 264.105. MEDICAL SERVICES PAYMENTS. The department shall

attempt to maximize the use of federal funding to provide medical

care payments authorized by Section 264.101(c) for children for

whom the department has been named managing conservator.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 30, eff.

Sept. 1, 1997.

Sec. 264.106. CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT

SERVICES. (a) In this section:

(1) "Case management services" means the provision of services,

other than conservatorship services, to a child for whom the

department has been appointed temporary or permanent managing

conservator and the child's family, including:

(A) developing and revising the child and family case plan,

using family group decision-making in appropriate cases;

(B) coordinating and monitoring permanency services needed by

the child and family to ensure that the child is progressing

toward permanency within state and federal mandates; and

(C) assisting the department in a suit affecting the

parent-child relationship commenced by the department.

(2) "Conservatorship services" means services provided directly

by the department that the department considers necessary to

ensure federal financial participation and compliance with state

law requirements, including:

(A) initial placement of a child and approval of all subsequent

placements of a child;

(B) approval of the child and family case plan; and

(C) any other action the department considers necessary to

ensure the safety and well-being of a child.

(3) "Permanency services" means services provided to secure a

child's safety, permanency, and well-being, including:

(A) substitute care services;

(B) medical, dental, mental health, and educational services;

(C) family reunification services;

(D) adoption and postadoption services and preparation for adult

living services;

(E) convening family group conferences;

(F) child and family visits;

(G) relative placement services; and

(H) post-placement supervision services.

(4) "Substitute care provider" means:

(A) a child-care institution, a general residential operation,

or a child-placing agency, as defined by Section 42.002, Human

Resources Code; or

(B) a provider of residential child-care that is licensed or

certified by another state agency.

(5) "Substitute care services" means services provided by a

substitute care provider to or for a child in the temporary or

permanent managing conservatorship of the department or for the

child's placement, including the recruitment, training, and

management of foster and adoptive homes by a child-placing

agency. The term does not include the regulation of facilities

under Subchapter C, Chapter 42, Human Resources Code.

(b) The department shall, in accordance with Chapter 45, Human

Resources Code:

(1) assess the need for substitute care services throughout the

state;

(2) contract with substitute care providers for the provision of

all necessary substitute care services when the department

determines that entering into a contract will improve services to

children and families;

(3) monitor the quality of services for which the department

contracts under this section; and

(4) ensure that the services are provided in accordance with

federal law and the laws of this state, including department

rules and rules of the Department of State Health Services and

the Texas Commission on Environmental Quality.

(c) The department shall develop a pilot program for the

competitive procurement of case management services in one or

more geographic areas of the state. The department shall

contract with one or more substitute care providers to provide

case management services under the pilot program. The department

shall have a goal of privatizing case management services in five

percent of the cases in which the department has been appointed

temporary or permanent managing conservator of a child.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54,

eff. September 1, 2007.

(e) In addition to the requirements of Section 40.058(b), Human

Resources Code, a contract authorized under this section must

include provisions that:

(1) enable the department to monitor the effectiveness of the

services;

(2) specify performance outcomes;

(3) authorize the department to terminate the contract or impose

sanctions for a violation of a provision of the contract that

specifies performance criteria;

(4) ensure that a private agency that is providing substitute

care or case management services for a child shall provide to the

child's attorney ad litem and guardian ad litem access to the

agency's information and records relating to the child;

(5) authorize the department, an agent of the department, and

the state auditor to inspect all books, records, and files

maintained by a contractor relating to the contract; and

(6) the department determines are necessary to ensure

accountability for the delivery of services and for the

expenditure of public funds.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54,

eff. September 1, 2007.

(g) In determining whether to contract with a substitute care

provider, the department shall consider the provider's

performance under any previous contract between the department

and the provider.

(h) A contract under this section does not affect the rights and

duties of the department in the department's capacity as the

temporary or permanent managing conservator of a child.

(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54,

eff. September 1, 2007.

(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54,

eff. September 1, 2007.

(k) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54,

eff. September 1, 2007.

(l) Notwithstanding any other law, the department or an

independent administrator may contract with a child welfare board

established under Section 264.005, a local governmental board

granted the powers and duties of a child welfare board under

state law, or a children's advocacy center established under

Section 264.402 for the provision of substitute care and case

management services in this state if the board or center provided

direct substitute care or case management services under a

contract with the department before September 1, 2006.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 92, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.46, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

526, Sec. 3, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 11, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 12(a), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 54, eff. September 1, 2007.

Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department shall

monitor the performance of a foster parent who has been verified

by the department in the department's capacity as a child-placing

agency. The method under which performance is monitored must

include the use of objective criteria by which the foster

parent's performance may be assessed. The department shall

include references to the criteria in a written agreement between

the department and the foster parent concerning the foster

parent's services.

Added by Acts 1997, 75th Leg., ch. 1022, Sec. 92, eff. Sept. 1,

1997.

Sec. 264.1063. MONITORING PERFORMANCE OF SUBSTITUTE CARE AND

CASE MANAGEMENT PROVIDERS. (a) The department, in consultation

with substitute care providers under contract with the department

to provide substitute care or case management services, shall

establish a quality assurance program that uses comprehensive,

multitiered assurance and improvement systems to evaluate

performance.

(b) The contract performance outcomes specified in a contract

under Section 264.106 must be within the contractor's authority

to deliver. The contract must clearly define the manner in which

the substitute care or case management provider's performance

will be measured and identify the information sources the

department will use to evaluate the performance.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.47, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 13, eff. September 1, 2007.

Sec. 264.107. PLACEMENT OF CHILDREN. (a) The department shall

use a system for the placement of children in contract

residential care, including foster care, that conforms to the

levels of care adopted and maintained by the Health and Human

Services Commission.

(b) The department shall use the standard application for the

placement of children in contract residential care as adopted and

maintained by the Health and Human Services Commission.

(c) The department shall institute the use of real-time

technology in the department's placement system to screen

possible placement options for a child and match the child's

needs with the most qualified providers with vacancies.

(d) The department shall ensure that placement decisions are

reliable and are made in a consistent manner.

(e) In making placement decisions, the department shall:

(1) consult with the child's caseworker and the child's attorney

ad litem, guardian ad litem, or court-appointed volunteer

advocate when possible; and

(2) use clinical protocols to match a child to the most

appropriate placement resource.

(f) The department may create a regional advisory council in a

region to assist the department in:

(1) assessing the need for resources in the region; and

(2) locating substitute care services in the region for

hard-to-place children.

(g) If the department is unable to find an appropriate placement

for a child, an employee of the department who has on file a

background and criminal history check may provide temporary

emergency care for the child. An employee may not provide

emergency care under this subsection in the employee's residence.

The department shall provide notice to the court for a child

placed in temporary care under this subsection not later than the

next business day after the date the child is placed in temporary

care.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.48, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 14, eff. September 1, 2007.

Sec. 264.1071. PLACEMENT FOR CHILDREN UNDER AGE TWO. In making

a placement decision for a child under two years of age, the

department shall:

(1) ensure that the child is placed with a person who will

provide a safe and emotionally stable environment for the child;

and

(2) give priority to a person who will be able to provide care

for the child without disruption until the child is returned to

the child's parents or the department makes a permanent placement

for the child.

Added by Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 15, eff. September 1, 2007.

Sec. 264.1075. ASSESSING NEEDS OF CHILD. (a) On removing a

child from the child's home, the department shall use assessment

services provided by a child-care facility, a child-placing

agency, or the child's medical home during the initial substitute

care placement. The assessment may be used to determine the most

appropriate substitute care placement for the child, if needed.

(b) As soon as possible after a child begins receiving foster

care under this subchapter, the department shall assess whether

the child has a developmental disability or mental retardation.

The commission shall establish the procedures that the department

must use in making an assessment under this subsection. The

procedures may include screening or participation by:

(1) a person who has experience in childhood developmental

disabilities or mental retardation;

(2) a local mental retardation authority; or

(3) a provider in a county with a local child welfare board.

Added by Acts 1997, 75th Leg., ch. 1022, Sec. 93, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.49, eff. September 1, 2005.

Sec. 264.108. RACE OR ETHNICITY. (a) The department may not

make a foster care placement decision on the presumption that

placing a child in a family of the same race or ethnicity as the

race or ethnicity of the child is in the best interest of the

child.

(b) Unless an independent psychological evaluation specific to a

child indicates that placement or continued living with a family

of a particular race or ethnicity would be detrimental to the

child, the department may not:

(1) deny, delay, or prohibit placement of a child in foster care

because the department is attempting to locate a family of a

particular race or ethnicity; or

(2) remove a child from foster care with a family that is of a

race or ethnicity different from that of the child.

(c) The department may not remove a child from foster care with

a family that is of a race or ethnicity different from that of

the child for the sole reason that continued foster care with

that family may:

(1) strengthen the emotional ties between the child and the

family; or

(2) increase the potential of the family's desire to adopt the

child because of the amount of time the child and the family are

together.

(d) This section does not prevent or limit the department's

recruitment of minority families as foster care families, but the

recruitment of minority families may not be a reason to delay

placement of a child in foster care with an available family of a

race or ethnicity different from that of the child.

(e) An employee who violates this section is subject to

immediate dismissal.

(f) The department by rule shall define what constitutes a delay

under Subsections (b) and (d).

(g) A district court, on the application for an injunction or

the filing of a petition complaining of a violation of this

section by any person residing in the county in which the court

has jurisdiction, shall enforce this section by issuing

appropriate orders. An action for an injunction is in addition to

any other action, proceeding, or remedy authorized by law. An

applicant or petitioner who is granted an injunction or given

other appropriate relief under this section is entitled to the

costs of the suit, including reasonable attorney's fees.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 879, Sec. 2, eff. June

16, 1995.

Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE

CASES. (a) The placement of a child in substitute care by the

department constitutes an assignment to the state of any support

rights attributable to the child as of the date the child is

placed in substitute care.

(b) If a child placed by the department in substitute care is

entitled under federal law to Title IV-D child support

enforcement services without the requirement of an application

for services, the department shall immediately refer the case to

the Title IV-D agency. If an application for Title IV-D services

is required and the department has been named managing

conservator of the child, then an authorized representative of

the department shall be the designated individual entitled to

apply for services on behalf of the child and shall promptly

apply for the services.

(c) The department and the Title IV-D agency shall execute a

memorandum of understanding for the implementation of the

provisions of this section and for the allocation between the

department and the agency, consistent with federal laws and

regulations, of any child support funds recovered by the Title

IV-D agency in substitute care cases. All child support funds

recovered under this section and retained by the department or

the Title IV-D agency and any federal matching or incentive funds

resulting from child support collection efforts in substitute

care cases shall be in excess of amounts otherwise appropriated

to either the department or the Title IV-D agency by the

legislature.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 117, eff. Sept. 1,

1995.

Sec. 264.110. ADOPTIVE PARENT REGISTRY. (a) The department

shall establish a registry of persons who are willing to accept

foster care placement of a child in the care of the department.

The child may be placed temporarily with a person registered

under this section pending termination of the parent-child

relationship.

(b) A person registered under this section must satisfy

requirements adopted by rule by the department.

(c) The department shall maintain a list of persons registered

under this section and shall make a reasonable effort to place a

child with the first available qualified person on the list if a

qualified extended family member is not available for the child.

(d) Before a child may be placed with a person under this

section, the person must sign a written statement in which the

person agrees to the immediate removal of the child by the

department under circumstances determined by the department.

(e) A person registered under this section is not entitled to

compensation during the time the child is placed in the person's

home but may receive support services provided for the child by

the department.

(f) A person registered under this section has the right to be

considered first for the adoption of a child placed in the

person's home if the parent-child relationship is terminated with

regard to the child.

(g) The department may refuse to place a child with a person

registered under this section only for a reason permitted under

criteria adopted by department rule.

(h) The department shall make the public aware of the existence

and benefits of the adoptive parent registry through appropriate

existing department communication methods.

Added by Acts 1995, 74th Leg., ch. 943, Sec. 8, eff. Sept. 1,

1995. Renumbered from Family Code Sec. 264.109 by Acts 1997, 75th

Leg., ch. 165, Sec. 31.01(30), eff. Sept. 1, 1997.

Sec. 264.111. ADOPTION AND SUBSTITUTE INFORMATION. (a) The

department shall maintain in the department's central database

information concerning children placed in the department's

custody, including:

(1) for each formal adoption of a child in this state:

(A) the length of time between the date of the permanency plan

decision of adoption and the date of the actual placement of the

child with an adoptive family;

(B) the length of time between the date of the placement of the

child for adoption and the date a final order of adoption was

rendered;

(C) if the child returned to the department's custody after the

date a final order of adoption was rendered for the child, the

time between the date the final adoption order was rendered and

the date the child returned to the department's custody; and

(D) for the adoptive family of a child under Paragraph (C),

whether the family used postadoption program services before the

date the child returned to the department's custody; and

(2) for each placement of a child in substitute care:

(A) the level of care the child was determined to require;

(B) whether the child was placed in an appropriate setting based

on the level of care determined for the child;

(C) the number of moves for the child in substitute care and the

reasons for moving the child;

(D) the length of stay in substitute care for the child from the

date of initial placement to the date of approval of a permanency

plan for the child;

(E) the length of time between the date of approval of a

permanency plan for the child and the date of achieving the plan;

(F) whether the child's permanency plan was long-term substitute

care;

(G) whether the child's achieved permanency plan was placement

with an appropriate relative or another person, other than a

foster parent, having standing; and

(H) whether the child was adopted by the child's foster parents.

(b) In addition to the information required in Subsection (a),

the department shall compile information on:

(1) the number of families that used postadoption program

services to assist in maintaining adoptive placements;

(2) the number of children returned to the department's custody

after placement with an adoptive family but before a final

adoption order was rendered;

(3) the number of children returned to the department's custody

after the date a final order of adoption was rendered for the

child;

(4) the number of adoptive families who used postadoption

program services before the date a child placed with the family

returned to the department's custody;

(5) the percentage of children who were placed in an appropriate

setting based on the level of care determined for the child;

(6) the percentage of children placed in a department foster

home;

(7) the percentage of children placed in a private child-placing

agency;

(8) the number of children whose permanency plan was long-term

substitute care;

(9) the number of children whose achieved permanency plan was

placement with an appropriate relative or another person, other

than a foster parent, having standing;

(10) the number of children adopted by the child's foster

parents; and

(11) the number of children whose achieved permanency plan was

removal of the disabilities of minority.

(c) The department shall make the information maintained under

this section, other than information that is required by law to

be confidential, available to the public by computer.

Added by Acts 1997, 75th Leg., ch. 600, Sec. 18, eff. Sept. 1,

1997.

Sec. 264.112. REPORT ON CHILDREN IN SUBSTITUTE CARE. (a) The

department shall report the status for children in substitute

care to the Board of Protective and Regulatory Services at least

once every 12 months.

(b) The report shall analyze the length of time each child has

been in substitute care and the barriers to placing the child for

adoption or returning the child to the child's parent or parents.

Added by Acts 1997, 75th Leg., ch. 600, Sec. 18, eff. Sept. 1,

1997.

Sec. 264.113. FOSTER PARENT RECRUITMENT. (a) In this section,

"faith-based organization" means a religious or denominational

institution or organization, including an organization operated

for religious, educational, or charitable purposes and operated,

supervised, or controlled, in whole or in part, by or in

connection with a religious organization.

(b) The department shall develop a program to recruit and retain

foster parents from faith-based organizations. As part of the

program, the department shall:

(1) collaborate with faith-based organizations to inform

prospective foster parents about the department's need for foster

parents, the requirements for becoming a foster parent, and any

other aspect of the foster care program that is necessary to

recruit foster parents;

(2) provide training for prospective foster parents recruited

under this section; and

(3) identify and recommend ways in which faith-based

organizations may support persons as they are recruited, are

trained, and serve as foster parents.

(c) The department shall work with OneStar Foundation to expand

the program described by Subsection (b) to increase the number of

foster families available for the department and its private

providers. In cooperation with the department, OneStar

Foundation may provide training and technical assistance to

establish networks and services in faith-based organizations

based on best practices for supporting prospective and current

foster families.

(d) The department shall work with the Department of Assistive

and Rehabilitative Services to recruit foster parents and

adoptive parents who have skills, training, or experience

suitable to care for children with hearing impairments.

Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 16, eff. September 1, 2007.

Sec. 264.114. IMMUNITY FROM LIABILITY. (a) A faith-based

organization, including the organization's employees and

volunteers, that participates in a program under this chapter is

subject to civil liability as provided by Chapter 84, Civil

Practice and Remedies Code.

(b) A faith-based organization that provides financial or other

assistance to a foster parent or to a member of the foster

parent's household is not liable for damages arising out of the

conduct of the foster parent or a member of the foster parent's

household.

Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20,

2003.

Sec. 264.115. RETURNING CHILD TO SCHOOL. (a) If the department

takes possession of a child under Chapter 262 during the school

year, the department shall ensure that the child returns to

school not later than the third school day after the date an

order is rendered providing for possession of the child by the

department, unless the child has a physical or mental condition

of a temporary and remediable nature that makes the child's

attendance infeasible.

(b) If a child has a physical or mental condition of a temporary

and remediable nature that makes the child's attendance in school

infeasible, the department shall notify the school in writing

that the child is unable to attend school. If the child's

physical or mental condition improves so that the child's

attendance in school is feasible, the department shall ensure

that the child immediately returns to school.

Added by Acts 2003, 78th Leg., ch. 234, Sec. 1, eff. Sept. 1,

2003.

Renumbered from Family Code, Section 264.113 by Acts 2005, 79th

Leg., Ch.

728, Sec. 23.001(25), eff. September 1, 2005.

Sec. 264.116. TEXAS FOSTER GRANDPARENT MENTORS. (a) The

department shall make the active recruitment and inclusion of

senior citizens a priority in ongoing mentoring initiatives.

(b) An individual who volunteers as a mentor is subject to state

and national criminal background checks in accordance with

Sections 411.087 and 411.114, Government Code.

(c) The department shall require foster parents or employees of

residential child-care facilities to provide appropriate

supervision over individuals who serve as mentors during their

participation in the mentoring initiative.

(d) Chapter 2109, Government Code, applies to the mentoring

initiative described by this section.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.50(a), eff. September 1, 2005.

For expiration of this section, see Subsection (i).

Sec. 264.1165. MENTORSHIP PILOT PROGRAM. (a) The department

shall establish a pilot program under which the department

contracts with a private or nonprofit entity to pair children in

foster care in Tarrant County, Denton County, Dallas County, and

Collin County who are 14 years of age or older with volunteer

adult mentors in order to foster relationships of support and

guidance in preparation for the children's transition to adult

living.

(b) The private or nonprofit entity selected by the department

to administer the program must have a demonstrated record of

successfully providing services similar to those provided under

the program.

(c) Children in foster care who qualify for participation in the

program may participate on a voluntary basis.

(d) An individual who volunteers as a mentor under the program

is subject to state and national criminal background checks in

accordance with Sections 411.087 and 411.114, Government Code.

(e) The department shall encourage substitute care providers to

facilitate participation in the program by a child who chooses to

voluntarily participate in the program.

(f) The executive commissioner may adopt rules for the

administration of this section.

(g) The department shall report to the lieutenant governor, the

speaker of the house of representatives, and the members of the

legislature not later than January 1, 2011, on the activities

conducted under the pilot program. The report must include the

department's recommendations on improvements to the program and

whether the program should be continued on a statewide basis.

(h) The department shall contract with a public institution of

higher education located in the geographic area served by the

pilot program for the institution to conduct an evaluation of the

effectiveness of the program. The institution selected to

conduct an evaluation under this subsection shall report its

findings to the lieutenant governor, the speaker of the house of

representatives, and the members of the legislature not later

than January 1, 2011. The report must include the institution's:

(1) assessment of the effectiveness of the program; and

(2) recommendations on improvements to the program and whether

the program should be continued on a statewide basis.

(i) This section expires September 1, 2011.

Added by Acts 2007, 80th Leg., R.S., Ch.

745, Sec. 1, eff. June 15, 2007.

Sec. 264.117. NOTICE TO ATTORNEY AD LITEM. (a) The department

shall notify the attorney ad litem for a child in the

conservatorship of the department about each event involving the

child that the department reports in the child's case file.

(b) The department shall give a child's attorney ad litem

written notice at least 48 hours before the date the department

changes the child's residential care provider. The department

may change the child's residential care provider without notice

if the department determines that an immediate change is

necessary to protect the child.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.50(a), eff. September 1, 2005.

Sec. 264.118. ANNUAL SURVEY. (a) The department shall conduct

an annual random survey of a sample of children from each region

of the state who are at least 14 years of age and who receive

substitute care services. The survey must include questions

regarding:

(1) the quality of the substitute care services provided to the

child;

(2) any improvements that could be made to better support the

child; and

(3) any other factor that the department considers relevant to

enable the department to identify potential program enhancements.

(b) The identity of each child participating in a department

survey is confidential and not subject to public disclosure under

Chapter 552, Government Code. The department shall adopt

procedures to ensure that the identity of each child

participating in a department survey remains confidential.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.50(a), eff. September 1, 2005.

Sec. 264.121. TRANSITIONAL LIVING SERVICES PROGRAM. (a) The

department shall address the unique challenges facing foster

children in the conservatorship of the department who must

transition to independent living by:

(1) expanding efforts to improve transition planning and

increasing the availability of transitional family group

decision-making to all youth age 14 or older in the department's

permanent managing conservatorship, including enrolling the youth

in the Preparation for Adult Living Program before the age of 16;

(2) coordinating with the Health and Human Services Commission

to obtain authority, to the extent allowed by federal law, the

state Medicaid plan, the Title IV-E state plan, and any waiver or

amendment to either plan, necessary to:

(A) extend foster care eligibility and transition services for

youth up to age 21 and develop policy to permit eligible youth to

return to foster care as necessary to achieve the goals of the

Transitional Living Services Program; and

(B) extend Medicaid coverage for foster care youth and former

foster care youth up to age 21 with a single application at the

time the youth leaves foster care; and

(3) entering into cooperative agreements with the Texas

Workforce Commission and local workforce development boards to

further the objectives of the Preparation for Adult Living

Program. The department, the Texas Workforce Commission, and the

local workforce development boards shall ensure that services are

prioritized and targeted to meet the needs of foster care and

former foster care children and that such services will include,

where feasible, referrals for short-term stays for youth needing

housing.

(a-1) The department shall require a foster care provider to

provide or assist youth who are age 14 or older in obtaining

experiential life-skills training to improve their transition to

independent living. Experiential life-skills training must be

tailored to a youth's skills and abilities and may include

training in practical activities that include grocery shopping,

meal preparation and cooking, using public transportation,

performing basic household tasks, and balancing a checkbook.

(b) In this section:

(1) "Local workforce development board" means a local workforce

development board created under Chapter 2308, Government Code.

(2) "Preparation for Adult Living Program" means a program

administered by the department as a component of the Transitional

Living Services Program and includes independent living skills

assessment, short-term financial assistance, basic self-help

skills, and life-skills development and training regarding money

management, health and wellness, job skills, planning for the

future, housing and transportation, and interpersonal skills.

(3) "Transitional Living Services Program" means a program,

administered by the department in accordance with department

rules and state and federal law, for youth who are age 14 or

older but not more than 21 years of age and are currently or were

formerly in foster care, that assists youth in transitioning from

foster care to independent living. The program provides

transitional living services, Preparation for Adult Living

Program services, and Education and Training Voucher Program

services.

(c) At the time a child enters the Preparation for Adult Living

Program, the department shall provide an information booklet to

the child and the foster parent describing the program and the

benefits available to the child, including extended Medicaid

coverage until age 21, priority status with the Texas Workforce

Commission, and the exemption from the payment of tuition and

fees at institutions of higher education as defined by Section

61.003, Education Code. The information booklet provided to the

child and the foster parent shall be provided in the primary

language spoken by that individual.

(d) The department shall allow a youth who is at least 18 years

of age to receive transitional living services, other than foster

care benefits, while residing with a person who was previously

designated as a perpetrator of abuse or neglect if the department

determines that despite the person's prior history the person

does not pose a threat to the health and safety of the youth.

(e) The department shall ensure that each youth acquires a

certified copy of the youth's birth certificate, a social

security card or replacement social security card, as

appropriate, and a personal identification certificate under

Chapter 521, Transportation Code, on or before the date on which

the youth turns 16 years of age. The department shall designate

one or more employees in the Preparation for Adult Living Program

as the contact person to assist a youth who has not been able to

obtain the documents described by this subsection in a timely

manner from the youth's primary caseworker. The department shall

ensure that:

(1) all youth who are age 16 or older are provided with the

contact information for the designated employees; and

(2) a youth who misplaces a document provided under this

subsection receives assistance in obtaining a replacement

document or information on how to obtain a duplicate copy, as

appropriate.

(f) The department shall require a person with whom the

department contracts for transitional living services for foster

youth to provide or assist youth in obtaining:

(1) housing services;

(2) job training and employment services;

(3) college preparation services;

(4) services that will assist youth in obtaining a general

education development certificate; and

(5) any other appropriate transitional living service identified

by the department.

Added by Acts 2005, 79th Leg., Ch.

268, Sec. 1.51, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 17, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

407, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

407, Sec. 2, eff. September 1, 2009.

Sec. 264.122. COURT APPROVAL REQUIRED FOR TRAVEL OUTSIDE UNITED

STATES BY CHILD IN FOSTER CARE. (a) A child for whom the

department has been appointed managing conservator and who has

been placed in foster care may travel outside of the United

States only if the person with whom the child has been placed has

petitioned the court for, and the court has rendered an order

granting, approval for the child to travel outside of the United

States.

(b) The court shall provide notice to the department and to any

other person entitled to notice in the suit if the court renders

an order granting approval for the child to travel outside of the

United States under this section.

Added by Acts 2007, 80th Leg., R.S., C