Sec. 263.502: Placement Review Report

(a) Not later than the 10th day before the date set for a placement review hearing, the department or other authorized agency shall file a placement review report with the court and provide a copy to each person entitled to notice under Section 263.501(d).

(b) For good cause shown, the court may order a different time for filing the placement review report or may order that a report is not required for a specific hearing.

(c) The placement review report must identify the department’s permanency goal for the child and must:

(1) evaluate whether the child’s current placement is appropriate for meeting the child’s needs;

(2) evaluate whether efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care;

(3) contain a transition plan for a child who is at least 16 years of age that identifies the services and specific tasks that are needed to assist the child in making the transition from substitute care to adult living and describes the services that are being provided through the Transitional Living Services Program operated by the department;

(4) evaluate whether the child’s current educational placement is appropriate for meeting the child’s academic needs;

(5) identify other plans or services that are needed to meet the child’s special needs or circumstances;

(6) describe the efforts of the department or authorized agency to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption, including efforts to provide adoption promotion and support services as defined by 42 U.S.C. Section 629a and other efforts consistent with the federal Adoption and Safe Families Act of 1997 (Pub. L. No. 105-89);

(7) for a child for whom the department has been named managing conservator in a final order that does not include termination of parental rights, describe the efforts of the department to find a permanent placement for the child, including efforts to:

(A) work with the caregiver with whom the child is placed to determine whether that caregiver is willing to become a permanent placement for the child;

(B) locate a relative or other suitable individual to serve as permanent managing conservator of the child; and

(C) evaluate any change in a parent’s circumstances to determine whether:

(i) the child can be returned to the parent; or

(ii) parental rights should be terminated;

(8) with respect to a child committed to the Texas Juvenile Justice Department or released under supervision by the Texas Juvenile Justice Department:

(A) evaluate whether the child’s needs for treatment and education are being met;

(B) describe, using information provided by the Texas Juvenile Justice Department, the child’s progress in any rehabilitation program administered by the Texas Juvenile Justice Department; and

(C) recommend other plans or services to meet the child’s needs; and

(9) identify any placement changes that have occurred since the most recent court hearing concerning the child and describe any barriers to sustaining the child’s placement, including any reason for which a substitute care provider has requested a placement change.

(d) If the goal of the department’s permanency plan for a child is to find another planned, permanent living arrangement, the placement review report must document a compelling reason why adoption, permanent managing conservatorship with a relative or other suitable individual, or returning the child to a parent are not in the child’s best interest.

Comments

Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998.

Amended by:

Acts 2005, 79th Leg., Ch. 268, Sec. 1.41(a), eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 108, Sec. 10, eff. May 23, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1372, Sec. 9, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 9.002, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., eff. September 1, 2013.