Relating to the requirements for certain court orders in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.

89(R) HB 2399 - Senate Committee Report version - Bill Text

By: Leo Wilson, et al. (Senate Sponsor - Sparks)

H.B. No. 2399

(In the Senate - Received from the House May 19, 2025;

May 19, 2025, read first time and referred to Committee on Health &

Human Services; May 26, 2025, reported favorably by the following

vote: Yeas 8, Nays 0; May 26, 2025, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the requirements for certain court orders in a suit

affecting the parent-child relationship filed by the Department of

Family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 263.002, Family Code, is amended by

adding Subsection (c-1) to read as follows:

(c-1)

The court shall include in a separate section of its

order written findings describing with specificity the factual

basis for the court's determination under Subsection (c). Citing

the record of the proceedings or incorporating the record by

reference is insufficient to meet the requirements of this

subsection.

This section of the court's order may not be admitted

into evidence in a final trial in a suit affecting the parent-child

relationship.

SECTION 2. Section 263.306, Family Code, is amended by

amending Subsection (a-1) and adding Subsection (a-2) to read as

follows:

(a-1) At each permanency hearing before a final order is

rendered, the court shall:

(1) identify all persons and parties present at the

hearing;

(2) review the efforts of the department or other

agency in:

(A) locating and requesting service of citation

on all persons entitled to service of citation under Section

102.009; and

(B) obtaining the assistance of a parent in

providing information necessary to locate an absent parent, alleged

father, relative of the child, or other adult identified by the

child as a potential relative or designated caregiver;

(3) ask all parties present whether the child or the

child's family has a Native American heritage and identify any

Native American tribe with which the child may be associated;

(4) review the extent of the parties' compliance with

temporary orders and the service plan and the extent to which

progress has been made toward alleviating or mitigating the causes

necessitating the placement of the child in foster care;

(5) review the permanency progress report to

determine:

(A) the safety and well-being of the child and

whether the child's needs, including any medical or special needs,

are being adequately addressed;

(B) the continuing necessity and appropriateness

of the placement of the child, including with respect to a child who

has been placed outside of this state, whether the placement

continues to be in the best interest of the child;

(C) the appropriateness of the primary and

alternative permanency goals for the child developed in accordance

with department rule and whether the department has made reasonable

efforts to finalize the permanency plan, including the concurrent

permanency goals, in effect for the child;

(D) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to express

the child's opinion on any medical care provided;

(E) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to identify

any adults, particularly an adult residing in the child's

community, who could be a relative or designated caregiver for the

child;

(F) for a child receiving psychotropic

medication, whether the child:

(i) has been provided appropriate

nonpharmacological interventions, therapies, or strategies to meet

the child's needs; or

(ii) has been seen by the prescribing

physician, physician assistant, or advanced practice nurse at least

once every 90 days;

(G) whether an education decision-maker for the

child has been identified, the child's education needs and goals

have been identified and addressed, and there have been major

changes in the child's school performance or there have been

serious disciplinary events;

(H) for a child 14 years of age or older, whether

services that are needed to assist the child in transitioning from

substitute care to independent living are available in the child's

community;

(I) for a child whose permanency goal is another

planned permanent living arrangement:

(i) the desired permanency outcome for the

child, by asking the child;

(ii) whether, as of the date of the hearing,

another planned permanent living arrangement is the best permanency

plan for the child and, if so, provide compelling reasons why it

continues to not be in the best interest of the child to:

(a) return home;

(b) be placed for adoption;

(c) be placed with a legal guardian;

or

(d) be placed with a fit and willing

relative;

(iii) whether the department has conducted

an independent living skills assessment under Section

264.121(a-3);

(iv) whether the department has addressed

the goals identified in the child's permanency plan, including the

child's housing plan, and the results of the independent living

skills assessment;

(v) if the youth is 16 years of age or

older, whether there is evidence that the department has provided

the youth with the documents and information listed in Section

264.121(e); and

(vi) if the youth is 18 years of age or

older or has had the disabilities of minority removed, whether

there is evidence that the department has provided the youth with

the documents and information listed in Section 264.121(e-1);

(J) based on the court's determination under

Section 263.002, whether continued placement is appropriate if the

child is placed in a residential treatment center; and

(K) based on the court's determination under

Section 263.00201, whether continued placement is appropriate if

the child is placed in a qualified residential treatment program;

(6) determine whether to return the child to the

child's parents
in accordance with Section 263.002(c)
[
if the

child's parents are willing and able to provide the child with a

safe environment and the return of the child is in the child's best

interest
];

(7) estimate a likely date by which the child may be

returned to and safely maintained in the child's home, placed for

adoption, or placed in permanent managing conservatorship; and

(8) announce in open court the dismissal date and the

date of any upcoming hearings.

(a-2)

If the court determines under Subsection (a-1)(6) not

to return the child to the child's parents in accordance with

Section 263.002(c), the court shall include in a separate section

of its order written findings describing with specificity the

factual basis for the court's determination. Citing the record of

the proceedings or incorporating the record by reference is

insufficient to meet the requirements of this subsection.

SECTION 3. Section 263.002(d), Family Code, is repealed.

SECTION 4. The change in law made by this Act applies to a

suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or that is filed on or

after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.

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